University of California, Hastings College of the Law UC Hastings Scholarship Repository

Hastings Law News UC Hastings Archives and History

9-6-1977 Hastings Law News Vol.10 No.1 UC Hastings College of the Law

Follow this and additional works at: http://repository.uchastings.edu/hln

Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.10 No.1" (1977). Hastings Law News. Book 95. http://repository.uchastings.edu/hln/95

This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. ｾ｡ｾｴｩｮｧｾ＠ lLaw Jlews

The University of California Hastings College of the Law

VOL. X No.1 SAN FRANCISCO SEPTEMBER 6, 1977

BATES FELLOWSHIP AT HASTINGS

SUPREME COURT HOLDS A mother of two who helped formation of a half-million-dollar LAWYERS MAY ADVERTISE co-found a day-care center for devel- trust by Mrs. Francesca Turner in opmentally disabled children and a memory of her son, Antenor Patino, ｲＭＭＭＭＭＭＭＭＭｾｾＮｾＭＭＭＭＭＭｾ＠ former cop on the beat who de- Jr. Prior to his death, Patino was a On June 27/ the Supreme Court veloped new procedures for juvenile Hastings student and a writer for held that the prohibition against ad- DO YOU NEED drug abuse control have been se- Universal Studios, a subsidiary of vertising by lawyers violates the lected as the 1977-78 recipients of MCA, Inc. First Amendment. The prohibition is A LAWYER? the Tony Patino Fellowship at the Since it is Mrs. Turner' s ex- contained in the American Bar Asso- University of California, Hastings pressed belief that a proper legal ciation/s Code of Professional Re- LEGAL SERVICES College of the Law . education should sensitize the stu- sponsibility and has been adopted in AT VERY REASONABLE FEES Cynthia Remmers of California dent to the needs of society, appli- one form or another in all states. and James M . Carroll of New Jersey cants for the Fellowship must have a At the same time the Court ruled were chosen as Fellows Elect from record showing active participation that the Arizona Supreme Court/ s ｾ＠ among six finalists who underwent a in public interest activities, making adoption of the advertising ban was day-long selection process at Hast- some contribution to the solution of state action that is immune from the • O",o"e Of ....I Mp."hon--unconteated [both tpou,..... n ｰＮｾＢｊ＠ ings on July 8. Selection Committee societal problems. It is hoped that Sherman Act. 1115 00 011,1,,2000 COurt hlln, t •• members included former United the financial support provided by the The decision on the First Amend- • ｾＬ＠ • .,..,.tlon of In court p.p.,. .nd in,ttve- States Supreme Court Justice Arthur Fellowship will enable each recipient ment question was five to four / with tlO"1 on how to do JOur own ｾｭｰＢ＠ "ncont"ted dlyoru J . Goldberg (Chairman); California to continue engaging in public ser- Justice Blackmun writing for himself 1100 00 Supreme Court Justice Raymond vice activities while pursuing his or and Justices Brennan, White, Mar- • AdoptlOft··unc:onlnt.d Mw,rane, procMd.,. Sullivan; Los Angeles Superior Court her legal studies; the end result shall / and Stevens. Justice Powell S22S 00 plus ,ppro.uNt,l), S 10 00 publiCi Judge Arthur Alarcon; Los Angeles should be a lawyer sensitive to and dissented with an opinion in which hontmt attorney Rosemary Gauthier; Elliott active in the community. • ••ＢｫＬｵｰｴｃｊ ｾ ﾷｮｯｮＭ｢ｵｬｦｦｴＢＧ Ｎ＠ no contut.d ,r." he was joined by Justice Stewart, (MClin" Witt and Albert Dorskind of MCA, Vice Dean William Riegger is and Chief Justice Burger and Justice Ind,ytdu" I nco Others attending the selection Director of the Fellowship. Marvin J . Rehnquist also dissented with sep- ｓＲｾｏ＠ 00 plus SSS 00 court IllIn, Ire WII. and HIISb,nd procedure were Dennis Poulsen of Anderson, Dean of Hastings College arate opinions. 1300 00 plus SIlO 00 e.ourt hhl"lilu the Friends of the Tony Patino Fel- of the Law, is Initiator of the The Court was unanimous on the • Ch.np of H.m, lowship organization and David Abel program. US 00 plus no 00 court hltn. fH Sherman Act issue. of the Coro Foundation, who acted as Editor's Note: The creation of this Bates v. State Bar of Arizona, Informahon re,.,d.", oUtel' "pe. of c.... Facilitator. Fellowship is a step in the right di- fu't'I,,".d on ,eq",.st U.S. /54 L.Ed.2d /97 S.Ct. 2691/ The Fellowship, which provides rection. The background and process 45 U.S.L.W. 4895 was foreshadowed $5000 per year to cover both educa- are detailed on a Special Insert at by three decisions of the Supreme Lepl Clinic of Bates & O'Steen tional and living expenses, was es- pages 8 and 9 of this issue. Court in 1975 and 1976/ all arising in 617 North l,d St'Ht tablished at Hastings through the '''Otn •• , Amon. 'SOU Virginia. In 1975 in Goldfarb v. T,,,phon.!'011 Ul· .... Virginia State Bar, 421 U.S. 773/ it held that the practice of law was "commerce" and that a county bar in t"'at case a newspaper advertise- association/s minimum fee schedule, ment for an abortion service in an- COMM/ENT - BALA COPYRIGHT enforceable under the state barf s other state - does not lose its First disciplinary procedures, violated the Amendment protection merely be- SYMPOSIUM herman Act. On the same day the cause it appears in an advertise- Court decided Bigelow v. Virginia, -cnent. Then in 1976 in Virginia State president of 20th Century Fox Stu- 421l:l .S. 809. holding that speech- continued on page 13 On Saturday and Sunday, Sep- tember 17 and 18/ CommlEnt and dios), Sol Schildhause of Farrow, Bay Area Lawyers for the Arts Schildhause and Dent, Washington, (BALA) will co-sponsor a conference D.C. (former head of the F.C.C. on the Copyright Revision Act of bureau on cable television), Jon A. 1976. The Act, which becomes effec- Baumgarten, General Counsel of the HE LAW ...... 5 tive January 1 of next year, is only Copyright Office, Washington, D.C., the second comprehensive copyright Robert Gordon of Gordon and Problems of a f'ree Press and a Fair Trial continue to plague lawyers law in this nation' s history. The McCabe, San Francisco, Paul Vap- and lawmakers alike symposium will be the first of its nek, Professor of Law at Hastings, kind concerning the new Act in the and Marc Stein of SlaH, Mosk and HE ARTS ...... 7 Bay Area. Rudman, Los Angeles. Speakers will discuss specific pro- The cost of admission is 510 for A recent sampling of summer records are reviewed by Arts Editor visions of the Act as well as its appli- law students, 5100 for attorneys, and Jules Kragen. cation to various aHected industries. 590 for BALA panel attorneys. This The symposium will conclude with a fee incl udes a package of materials OPiNION ...... •...... 10 panel discussion on future develop- containing the Act, legislative histor- Th August S F r call drive, district elections, and the upcoming San ments and problem areas under the ies/ cases, articles, and notes pre- Francisco Supervisorial races are examined by Hastings Democrat Chris Act and in copyright law in general. pared by the speakers. Enrollment is Peeples The distinguished faculty of gov- limited and pre-registration is sug- ernment oHicials, practitioners, and gested. Pre-registration can be ac- ARKING TIME ..•...... •...... •.11 law professors, headed by keynote complished by depositing the regis- speaker Lewis Flacks of the U.S. tration fee at the CommlEnt oHice liberals say it won't rehabilitate Convervatlves fear a massiv flood 0 Copyright Off ice, will include Gor- (55 Hyde St./ #101) / or by mailing it felons. Edward Apodaca, a Folsom Prison inmate profiles the political don Stulberg of Mitchell, Silverberg to BALA (25 Taylor St./ San Fran- fight over S8 42, America's first determinate sentencing law. and Krupp, Los Angeles (a former cisco/ CA, 94102).

HASTINGS LAW NEWS Non-Profit Organization u.s. POSTAGE HMtlng. College o. the lIIw PAID UnlYen'ty of C.llforn •• San Franclaco, Ca. 1. McAlII.ter St. Permit No. 10286 SM Frenc'-. C•. 14102 SEPTEMBER 6, 1917 Bulletin Board PAGE 2

ANNOUNCEMENTS ASH NOTICES

COMM/ENT UPDATE FIRST YEAR STUDENTS ｴｨｾ＠ COMM/ ENT A Journal of Communication and Entertainment Law has been All first year students planning to run for position of first year fully accredited' by the faculty. The premiere issue will be distributed in early representative to the Associated Students of Ha.stlngs (A .S.H.) govern.lng October and will feature both an article by Professor Roscoe Barrow and. the council must submit written statements of candidacy to the A.S.H. Office, reprint of a symposium whose participants included Daniel Schorr and Jesse 55 Hyde, by 4:00 p.m ., September 9. Two representatives will be elected Choper. from each section. Elections will be held Wednesday and Thursday, COMM/ENT has also acquired a new Editor·In·Chief. David Roth is the new September 21 and 22 in the Commons. Any ｣｡ｮ､ｩ､｡ｾ･＠ wh? ｭｩｾｳｾ､＠ the E·I·C, he replaces the outgoing Harris Tulchin. candidates informational meeting may address questions, In Writing, to Peter Bertrand, locker 1212. HILLEL EVENTS The High Holy Days are fast approaching and holiday plans are being made by THIRD YEAR PRESIDENTIAL ELECTIONS Hillel of Hastings. Services for all of the holidays will be conducted by Larry Moses" All third year students planning to run for the poSition of Third Year at Congregation B'nai Emunah, 3596 Taravel at 46th Ave., San Francisco, on the President must submit written statements of candidacy to the A.S.H. following dates and times: Erev Rosh Hashana Mon. Sept. 12 8p.m. office, 53 Hyde, by 4:00 p.m., September 9. The election will be held First Day Rosh Hashana Tues. Sept. 13 10a.m. Wednesday and Thursday, September 21 and 22 in the Commons. Second Day Rosh Hashana Wed. Sept. 14 10a.m. KolNidre Wed. Sept. 21 8p.m. RESOLUTIONS TO THE A.S.H. COUNCil Yom Kippur Thurs. Sept. 22 10p.m. Break 2p.m. All motions or resolutions to be considered by the A.s.H. Council must memorial closing 6p.m. be submitted, in writing, to the A.S.H . Secretary's mail·box in the A.s.H. office by 1:00 p.m. on the Tuesday preceding the meeting at which the Nina Mayer of the Committee to Re-Open the Rosenberg Case will be the resolution is to be placed on the agenda. featured speaker at the Hillel meeting Thurs. Sept. 8, 3:SO p.m. in room E. Ethel and Julius Rosenburg were sentenced to death for allegedly selling secrets reo A.S.H. COUNCIL MEETINGS garding the atom bomb to the Soviets. The issues in the Rosenburg case -involve the Freedom of Information Act and the validity of the death penalty. All meetings of the A.s.H. Council are announced on the A.S.H. In addition, transportation arrangements for the High Holy Day services will be Bulletin Board opposite room A. Meetings are held most Fridays at 11 :40 made at the Sept. 8th meeting, 80 all studente and faculty interested in attending in room 219. All Meetings Are Open. the services are urged to come to this meeting. For additional information call 3SS-4922, or slip a note in locker 303.

MONEY ... MONEY ... MONEY ASH BOOK EXCHANGE SOW(RE All persons who sold books at the ASH book exchange should come to the . OUT OF office (66 Hyde) to pick up their checks. Checks will be available Thursday, and Friday, Sept. 16 between 9:00 a.m. and 3:00 p.m. each day. Please pick up GASuHUH 00 YOU THINK check between those hours. Remember, ASH keeps 10% of your selling price as fee and will refund 60% of your asking price if a book wulost. ｴｕｍｍｙ＿Ｂｾ＠ I'M FALLING FOR THAT OLD LINE?

Published biweekly during the school year, except during holiday and exam periods, at Hastings College of the Law, University of California, 198 McAllister Street, San Francisco, California 94102. Our phone number is [415) 557·1997. The newspaper has a circulation of 10,000. Two Tom Garvin ...... , ...... Editor thousand copies are distributed at Hastings, and eight thousand copies are mailed to alumni, judges, law schools, law firms, libraries and lawyers throughout the state of California. Larry Falk ...... MalYging Editor The Hastings uw News as the Hastings student legal publication serving the entire legal community, serves as a platform for the Steve Brown ...... [The uw) Associate Editor expression of student opinion, a mechanism for enhanced communication Larry Fahn ...... [Alumni/Development) Associate Editor between Hastings and the organized bar, and as a public forum for articles Jeff Kimmel...... [Community News) Associate Editor written by students, faculty, staff, and outside contributors. The 1976-77 Jules Kragen ...... [The Arts) Associate Editor volume was designated the Best Overall Law School Newspaper in Martin Pulverman ...... [Opinion) Associate Editor California by the American Bar Association. Raymond Pulverman ...... [Opinion) Associate Editor We encourage publication of divergent viewpoints. All manuscripts Albany Hill...... Contributing Editor or letters must be typed double spaced on white bond. The Hastings Law News assumes no responsibility upon receipt of unsolicited manuscripts. Michael DeAngelis ...... COntributing Editor © Copyright 1977 by the Hastings uw News . All rights are reserved. Po.stage paid at San Francisco, California. The Hastings uw News is represented nationally for advertising by the What's Your Line Graphics ...... Typsetting National Entertainment Advertising Service [NEAS). Additional Advertis- represenation is provided by [CASS). Advertising inquiries should be directed to Advertising Director, Hastings Law News, Hastings College of the Law, University of California, 198 McAllister Street, San Francisco, California 94102. The opinions expressed are those of the author. All submitted manuscripts must be signed by the author. The views expressed are not necessarily those of the Hastings uw News or of Hastings College of the Law. This Is a student publication. SEPTEMBER 6, 1977

PAGE3 Community News PLACEMENT NOTES INTERVIEWING FORUM THURSDAY On behalf of the Placement Office on-campus interviews during the staff, it is a pleasure to greet the three week period of September 26 On Thursday September 8th, the year, was developed by the San class of 1980 and welcome back the through October 14, 1977. Students Alumni Association in conjunction Francisco Alumni Placement Com- second and third year students. The wishing to participate in the first with the Placement Office will spon- mittee under the chairmanship of Placement Office has a full program round of on-campus interviews must sor an Interviewing Forum to be held Paul Alvarado '64. Last year's pro- of activities and services planned for complete an I nterview Preference from 11:40 to 1:00 p.m. in Classroom gram was well attended attracting this year and we look forward to Form and return it to the Placement B. Topics to be addressed by the approximately 150 students. The working with each of you. Office no later than 5:00 p.m. on panelists will include the preparation forum was originally planned with If you have not already visited our Thursday, September 8, 1977. of a resume and cover letter, pre- second and third year students in new Placement library, we invite If you have any questions regard- interview preparations, what to ex- mind, although first year students you to stop by Room 260 CC at your ing the on-campus interview pro- pect in an interview . . . what does would also find it valuable. I hOPE convenience. We also encourage you gram or should you desire any assis- the interviewer really want to know you will attend. to regularly check the Placement tance in completing your resume, and following up the interview. Office bulletin board across the hall please come by the Placement Maureen Johnson This program, now in its second Director of Law Placemen from classroom A to be sure you Office. have the latest information about INFORMATIONAL PROGRAMS placement programs. I am happy to inform you that this Throughout the semester, the LEXIS LIVES year our staff has increased to Placement Office in conjunction with knowledge, the user should have iI the Alumni Association will be con- The LEXIS terminal in the library include a full time counselor. Marie definite question to research, rathe ducting a variety of informational is now available for use . LEXIS is a Eng has assumed responsibilities for full-text computerized legal research than simply stopping by and ｳ｡ｹｩｮｾ＠ programs to assist you with your job this position. Performing Marie's "How does this work?" recruitment and placement efforts. system, whereby a person, sitting at former duties is Consuelo Yar- One may sign up for an hour's USE The first two programs have been a typewriter keyboard, can access an brough, who prior to joining the of LEXIS on the sheet posted on thE scheduled. I hope you will plan on extensive collection of federal case Placement staff worked in the Ad- door. When the machine is not ir attending. law, statutes, and agency rulings, missions Office. use, or when the reservation holde Interviewing Techniques panel and case law from a dozen states, does not show within 10 minute ON-CAMPUS INTERVIEW presentation to be held on Thursday, including California. after the appointed time, LEXIS wil PROGRAM September 8th from 11:40 a.m. to Before using the actual LEXIS be available on a first-come, first 1:00 p.m. in Classroom B. terminal a student must have some The on-campus interview program preliminary training. This involves serve basis . The Role of the Corporate Counsel will begin on September 26, 1977. reading the primer (kept at the Loan Until further notice, LEXIS will bE panel presentation to be held on The August 22nd edition of the Desk), using the simulator (for which limited to third year students anc Tuesday, September 13th, from Hastings Weekly contained a listing a sign-up sheet is posted on the door faculty. By contractual arrangemen 12:40-1:30 p.m. in Classroom B . of employers who will be conducting to the terminal), and viewing two with Mead Data Corporation , Hast videotapes (set up in videotape li- ings is not allowed to use LEXIS fo brary, 305 Colden Cate) . fee-paying clients. In other words, i There is also a part-time assistant a student is clerking for a firm, i who will be at the machine in the would violate the contract for him FINANCIAL AID UPDATE mornings from 8:15 to 10:30 to give / her to use LEXIS to do research fo instruction and help. To make the the firm . best use of the assistant's time and Martha Blurr Students, who have never borrow- 5. Time Sheets can be obtained 1------1 ed on the FISL Program before, from the Personnel Office. These should report to the Financial Aid should be completed monthly, sign- Office immediately. Major banks ed by your supervisor and turned in SPECIAL ALUMNI - participating in the program have to Personnel Office promptly. Your established a deadline of September monthly paycheck will usually be STUDENT PROGRAMS 8th for First Time Borrowers. available within 10 working days All students who have completed a after the 1st of each month. They One of the main thrusts of the Practice Forum has been tentatively Financial Aid Application and have may be picked up at the Stdent Alumni Program is student relations. scheduled. This program features not picked up their award letters, Trust Office. LATE TIME SHEETS Over the course of the past several attorneys in private practice in dif- will have their awards cancelled four WILL DELAY YOUR PA YCHECK. years the Alumni Association has ferent areas of the state who discuss weeks after the first day of classes . 6. In the event you do not wish developed a series of panel presenta- large firm/small firm differences, All Financial Aid checks unclaim- to use your Work-Study Award or tions which bring attorneys to the employer/employee relationships, ed from the Student Trust Office will leave a job before your Work-Study College to discuss the practical as- setting up your own practice, and be cancelled four weeks after the allocation has been used, you must pects of the practice of the law. Two geographic factors such as job avail- date of notification. notify the Financial Aid Office and of these programs will be presented ability and specialities of practice Students who did not receive complete a Termination Letter pro- during the month of September. particular to a geographic region. College Work-Study as a part of their vided by the Financial Aid Office. On 'Thursday, September 8, at Watch the Weekly and bulletif1 initial award, may exchange their Failure to do so could jeopardize any 1 :30, the Placement Office and boards for further details. NDSL for Work-Study, providing future Work-Study awards. Alumni Association are co-sponsor- Other panel programs will be pre- they meet all other program criteria. NDSL - If you are receiving an ing an Interviewing Forum, which sented throughout the year and will Appointments for exchanging NDSL NDSL check, notification will be will feature a panel of alumni from be publicized in the Law News and for Work-Study may be made by placed on the Financial Aid Bulletin varied backgrounds who will discuss Weekly. contacting the Financial Aid Office Board when the check is available, interviewing techniques (See accom- Students are also encouraged to receptionist immediately. usually 4-6 weeks after registration . panying article by Placement Direc- watch for announcements of regional If you have received a Work-Study LEOP (Balance after Fee De- tor Mau reen J oh n son .) chapter events. Students are always allocation: duction) If you are receiving a LEOP The following Thursday, Septem- welcome and its is a great way tc 1. Your award letter indicates award, notification will be placed on ber 15, the sixth annual Private make these important contacts . the amount of Work-Study you may the Financial Aid Bulletin Board earn for the academic year. when the check is available, usually 2. You will need to request a 2-4 weeks after registration . STATUSOFWOMENl Work-Study Referral Form from the FISL - If you are receiving a Financial Aid Office which indicates FISL check, notification will be The Legislative Committee of the ticular bills and conducts letter writ- your award. placed on the Financial Aid Bulleting San Francisco Commission on the ing and related lobbying efforts 3. The Referral must be signed Board when the check is available, Status of Women is recruiting new regarding such bills. & completed by your supervisor at usually 6-8 weeks after the Bank has members and will hold its organiza- Over the past 10 months, the your Work-Study Agency, and re- approved your application . tional meeting on September 15th, Committee and the Commission turned by you to the Financial Aid All checks can be picked up at the 1977, at 4:00 p.m. at the COSW's have supported legislation equaliz- Office to be reviewed and signed by Student Trust Office, Room 212 A . offices, 50 Fell Street. Subsequent ing pensions for widows & widowers, a counselor. In addition, a check for Checks can be held up as a result of meetings will be held at 4 p.m. on legislation benefitting domestic vio- 30% of your award must accompany incomplete applications, outstanding the first and third Thursdays of each lence VIctims, a bill which would the referral, unless your agency has Emergency Loans and non-payment month. remove the liquor license of any a special arrangement with Hast- of fees. The role of the Committee is to private club that practiced race and/ ings-they will advise you . N.B., If for any reason you receive analyze federal, state and local or sex discrimination, a bill expand- 4. The Referral must then be an Ed . Fee Deferment, or a Reg . legislation involving issues of sex ing the eligibility of prison inmates hand carried by you to the Personnel Grant after you have paid your fees, discrimination. Based on reports by for county work furlough, bills revis- Office where you will have to set up a the Student Trust Office will arrange the Committee, the Commission ing the evidence law in rape cases Personnel Record in order to receive for a refund upon your request. then takes a public position Oil par- and bills relat ing to sexual orienta- your monthly paycheck. Continued on page 4 SEPTEMBER 6, 1977 Community News PAGE 4 IMPRESSIONS COUNT P.D.P. PARTY AND ACTIVITIES

Something good is coming to etc." The International Fraternity of Phi the United States, as well as Canada Hastings this fall ... a tailor with Whatever the personal prefer- Delta Phi quietly made its fall debut and Puerto Rico . Despite its mun knowledge and good sense about ences or body types may be, there's with a sublime yet smashing imbib- dane (and sexist) appellation, professional clothing . A tailor who a very personal satisfaction in wear- ing party at John Barleycorn's. Sad women members are heartily wei can help make the unavoidable ex- ing really fitted, quality clothing the to say, we were ill-equipped to com- come - they (humbly) comprise pense in "work clothes" a sensible way you like it from your own tailor. mence serious propaganda any ear- some of our most meritorious mem investment and an enjoyable Concerned about price? Probably. lier due to the absence of our es- bers. International dues, for lifetime experience. Then shop around a bit before meet- teemed Magister, Nelson Barry, who membership, are 530; local dues a Perhaps surprisingly, it is possible ing our tailor, you will be pleasantly was held captive at the Phi Delta Phi Hastings come to 510 per semester. to go through undergraduate years, surprised. Is $12 .50 too much to pay National Conference in the south of The only substantive requir.:ment is (a few years in the world even), and for custom-made monogrammed Florida (Fort Lauderdale - he good academic standing (broadly some time in law school without ever dress shirts? Top quality European suffered). defined) at the time of initiation- wearing, much less purchasing a fabrics plus much detailed hand At last, however, the executive presently scheduled for the end of suit. But sooner or later for most of tailoring in Hong Kong make a bar- cadre has returned, and activities September. Apart from the marve- us at Hastings, a day comes for a job gain to be proud of. shall commence in earnest. In addi- lous opportunities for free play, the interview or a part time clerking For those who have been buying at tion to some fantastic parties during International Fraternity offers its position begins requiring attire dra- the best shops over the years, here's the year, we customarily entertain at members various benefits, including matically distinguishable from class- a chance to save $ and at the same John Barleycorn's, a cozy establish- scholarships, student loans, in- room wear . time get precisely what you ' re look- ment at Hyde and Larkin Streets, on surance programs, "The Brief," our We introduced our tailor last year ing for without endless hours of alternate Fridays, the next debauch newsletter, and the chance to write and many students bought shirts and searching from store to store. You being September 9. A largely social dull articles that people can peruse suits from him . Our best recom- can select any style you want, in fab- organization, we are often joined at at their leisure with such obvious de- mendations and proof of satisfaction rics from denim to cashmere mink. Barleycorn's and at our P .D.P . light. guaranteed will come from them . For the hard to fit, a single pur- breakfasts and occasional luncheons NEVERTHELESS, if you are at all Ask around. There' s a special de- chase from our tailor will convince by the various faculty-persons we are intrigued by the prospect of joining light awaiting men and women who you of the time, money, and conven- honored to have as members, among our bizarre bunch, presently num may never have had the glee of cut- ience value of this service to the them Professors Green, Henson, bering around fifty, please join us at ting out a magazine picture of a suit Hastings community, sponsored by Lind, Riesenfeld, Whelan, and Sul- Barleycorn's on Friday, September that impresses them or perhaps de- the East Asian Law Society. Check livan . Speaker forums, bake sales, 9th, at the cocktail hours (4 to 6), for signing their own clothing with a bulletin boards for the dates the and excursions to baseball games Micheloeb at 25 cents a glass (most tailor: "I like slant pockets, extra tailor will be here in San Francisco. complete our repertoire. Iy) free pizza from the nearby Front long sleeves, form fitting waist, sub- by Bernard Wilson Phi Delta Phi is the oldest legal Room Pizza Works. See you there! tle or fancy linings, secret pockets, fraternity in the country, with mem- As always, Shelly Kramer, ber Inns at all major law schools in Vice-Magister P.A.D. UPDATE

Over 125 pitchers of beer and who wish to attend MUST R.S.V.P. LAW SCHOOL innumerable baskets of popcorn by 5pm Wednesday, Sept. 7, at the were consumed by prospective mem- P.A.D. table, or to locker numbers ENROLLMENT STEADIES; bers of Phi Alpha Delta Legal frater- 1360, 303, typing 9, or call Steve nity at Herrington's after the In- Fluharty at 776-8522 . formation Fair on Tuesday, Aug . 16, An initiation of new members into WOMEN INCREASE 1977. To continue this tradition of Jackson Temple Chapter of Phi Total enrollment in the 164 law administrations for the test year friendship and good times, P.A.D. Alpha Delta is scheduled for early ending in 1976 than in either 1974 or invites all members and prospective October, and a tour of San Quentin schools approved by the American Bar Associatio'n steadied to a gain of 1975 . members to a day of fun and games prison is planned for soon thereafter. The number of women law stu- and a Bar-B-Q picnic on Saturday, We can accomodate only 50 people less than 1 per cent during the aca- demic year of 1976-77, according to dents continued to rise, as it has Sept. 10th from 9am to 3pm at the on the tour, however, so it will be steadily in recent years. Women stu- Country Estate of Frank Worthing- restricted to members on a first- figures published by the American Bar Association Section of Legal dents increased from 26,737 to ton, "Rancho Escondido", Kenwood come-first-served bas is. More 29,982, up 12.1 per cent, enabling Sonoma County. There will be information on the tour will be Education and Admissions to the Bar in the 1976 Review of Legal EduCil- women to account for 25.5 per cent of swimming, volleyball, football, soft- forthcoming . the entire student body in the ap- The P.A.D. Efficiency Reading tion. ball, croquet, and plenty to eat and proved schools. drink (which, of course, means a few class conducted by Debbi Klipstein During the last school year there were 117,451 students in the ap- The number of J.D. and Ll.B. kegs!) Directions will be provided will be offered soon . Sign up sheets degrees awarded rose 8.7 per cent, and carpools will be arranged so stop for the course are at the P. A. D. table proved schools, as against 116,991 the previous year. Confirming the presaging another increase for 1976, by the P.A.D. table in McAllister in McAllister Lobby . when the figures are known, of Lobby between 11am and 1pm. All by Valerie Foster leveling off is the fact that there WE!re fewer law school admission test admissions to the bar. STATUS OF WOMENl Continued from page 3 LEGAL EDUCATION AND BAR ADMISSION STATISTICS ion discrimination in employment be held by the COSW in 1977 and 1963-1976 and prohibiting sexual harassment of 1978. L.S.A.T. J.D. employees. We have opposed bills A crucial factor in the Committee's Enrollment First Admin.- or LL. B. Admissions that would limit the access of women being able to continue its work is Yeer Totlll Women Yeer tflltions A_rd«l to the &lr to abortions and a bill that would maintenence of an active group of have authorized the construction of a law student members. While all 1963 49,552 1,883' 20,776 30,528 9,638 10,788 1964 54,265 2,183 22,753 37,598 10,491 12,023 new womens prison. Committee members are unpaid vol- 1965 59,744 2,537 24,167 39,406 11.507 13.109 Major unfinished business in- unteers, those of us who have 1966 62.556 2,678 24.077 44.905 13.115 14.644 cludes study of 6-8 bills affecting the worked with the Committee this year 1967 64.406 2.906 24.267 47.110 14,738 16.007 State Fair Employment Practices feel that it gives its members a 1968 62.779 3.704 23.652 49.756 16.077 17,764 Commission, preparation of testi- chance to learn about legislative 1969 68.386 4.715 29.128 59.050 16.733 19.123 mony and organization of support for research, the legislative process and 1970 82,499 7.031 34.713 74.092 17.183 17.922 a September 28th hearing (in SF) on to become involved in the only city 1971 94.468 8.914 36.171 107,479 17.006 20,485 1972 101.707 12.173 35.131 119.694 22,342 25.086 AB 1645. AB 1645 would make the agency charged with eradicating sex 1973 106.102 16.760 37.018 121.262 27.756 30.879 urrent minimum jail standards discrimination. 1974 110.713 21,788 38.074 135.397 28.729 30.707 mandatory and would require equali- If you would like to join our group 1976 116.991 26.737 39.038 133.546 29.961 34,144 zation of jail programs for male and or find out more about our work, you 1976 117.451 29.982 39.996 133.320 32.597 --. emale prisoners. We have approxi- should contact one of the Commit- NOTES: Enrollment is that in American Bar Association approved schools as of October 1. mately 20 other 1977 bills that have tee's Chairpersons. They are: Tony The L.S.A.T. candidate volume is given for the test yeer ending in the year stated. Thus. not yet been analyzed and are Rothschild (a San Francisco attorney 133.320 administrations of the L.S.A.T. occurred in the test year July, 1975. through April. pending in the 1977 California Legis- & member of the Commission, 1976. J.D. or LL. B. degrees are those awarded by approved schools for the academic year ative session, and we anticipate phone 668-63(0) and Mary Vail ending in the year stated. Thus. 32.597 degrees were awarded in the year beginning with the # fall, 1975. term and ending with the summer. 1976. term. Total new admissions to the bar receiving additional bills for study in (the Director of the Womens Re- are for the 1975 calendar year end includethoH edmitted by office study, diploma privilege. '1978. Our areas of activity may be source Center of the SF Jails & an and examination and study at an unapproved law school. The great bulk of those admitted urther broadened by input received instructor at Hastings, phone # were graduated from approved school •. fat a series of community hearings to 495-0446 or 752-1770) . • 1976 admissions to the bar not yet available. SEPTEMBER 6, 1977

PAGES The law FREE PRESS ... FAIR TRIAL NON-MARRIAGE MARRIAGE In the Nebraska Press Association England had accepted that the go- case, Chief Justice Burger noted that vernment should provide its indict- CONTRACTS the Standards "are, in practice, ments by strict standards. But when CHICAGO -" Marriage contracts" Stephen Adams said Marvin' s case subject to powerful strains." (427 the juries went awry, there was often between non-married couples are generated new legal theories when U.S. 539, at 550). I submit that the pressure d 'hors the record . Some- catching on - and they are begin- the California Supreme court ruled in strains are so potent that as to the thing was needed. Not only to ning to be recognized and enforced late 1976 that dependent females Free Press part, lawyers ought to protect the innocent, but to eliminate by the courts. could claim property rights under abandon any attempt at standards, the ease by which the party in power Whether the end result of this oral agreements, as long as their voluntary or otherwise. In this, I could legally stifle the opposition trend will in fact be marriage by contractual obligations were not agree with the press that lawyers with a criminal indictment. another name remains to be seen, purely sexual. and judges cannot be editors. Yet The unique contribution of the but experts appearing at an Ameri- The court decided this non-tradi- editors can set standards for them'- Constitution was the establishment can Bar Association annual meeting tional life style could be recognized selves. of an independent judiciary and the panel on " Sex and Serendipity from under " straight common law tradi- Indeed, the Chief Justice com- impartial jury. Thus, judges not Coast to Coast" agreed that non- tional doctrines" of contracts, ex- pared the media's present elevated subject to the King's whim and a marriage contracts are here to stay. plained Prof . Carol S. Bruch of the status as being in the nature of a jury even further removed from the The partners in such relationships University of California School of public trust. It is not asking too Crown's grasp became the barriers were drafting binding " anti-nuptial Law . much, he wrote in Nebraska (427 to protect those advocating change contracts" before lawyers were, Michelle Marvin will present her U.S . at 560), for the media to "direct and criticism. harking back to early 19th century proof this fall , and it is likely to some efforts to protect the right of It hasn't always worked . England and the wives' auction provide more fodder for spurned the accused to a fair trial ." If I can skip a century here - to block, when marriage was viewed as partners, even those with " pillow The simple Constitutional issue is 1886 and to a labor rally in Chicago. an economic transaction, said panel- talk" agreements, Adams said. whether in criminal trials the pro- To a rally that was full of long, dull ists. But now lawyers are asking and And the theory can be extended to secution is to prove its case in the speeches and peaceful almost to the gaining enforcement of such unwrit- other social arrangements, such as courtroom subject to juridical evi- very end when two cordons of police ten contracts, even for homosexuals. groups of elderly persons " living dence, or, whether outside influen- appeared. Suddenly a bomb exploded Lee Marvin's severing of relations together" with clearly descri bed ces are to reduce the government's killing a policeman . Gunfire broke with Michelle Marvin, who changed contractual responsibilities for each burden. Reducing that burden will out. Five more police were killed and her name but not her marital status, other, speculated Riane Eisler, a Los advesely affect us all. countless civilians injured. is among the most famous of cases Angeles attorney. Certainly, if history is the guide- History calls this the Haymarket where a right to prove an oral Several panelists noted a growing line, the press will zealously protect Riot . Forgotten is that half of the partnership has been recognized. interest in legislation recognizing the Constitutional standards in every eight who were soon indicted were But the genesis of the theory dates rights of the non-marital spouse, case as its enlightened leaders have editors and writers seized in an back to 1938, said Dr . Doris Freed, a based on such implied contractual generally done in the past. illegal police raid in their editorial New York City lawyer. services as homemaking chores. The landmark cases in the strug- office. The presses were stopped. San Francisco legal journalist gle to establish a free press sprung What was the reaction of the from criminal libel trials - in Eng- Chicago press? "The deaths," the land, the trials of John Lilburne and Tribune said the next morning, the trial of the Seven Bishops; in "were brought about by a galaxy of America, the famous trial of the blood-preaching anarchists." From printer John P. Zenger in New York. then on, "anarchy", "blood, " III IN BRIEF ••• All were a singular influence in "labor conspiracy", "mad hyenas", III uniting liberty-loving people. In fact, dom i nated front page head lines . The House of Representatives has voted to prohibit the u.s. Legal And each of the jurors would say he it was Zenger's great counsel, An- Services Corporation from participating in gay/ homosexual civil rights had heard or read of the case and drew Hamilton, who told the jurors, litigation . An amendment offered by Rep . Larry McDonald (D-Ga.), "In your justice lies our safety." most had an opinion about the passed by a vote of 230 to 133. (Not, in our justice, lies your safety). "guilt" of the defendants . Not sur- And in all these cases that went to prisingly, the jury convicted and Texas Supreme Court Judge Donald B. Yarbrough, facing forced the jury they acquitted the press the defendants were sentenced to removal from office because of allegations of forgery and solicitation for defendant. death . It is true they were not murder, resigned last month . Supreme Court Judge Yarbrough said he ｰｾ･ｳｳ Ｎ＠ Nothing in the history or the words members of the established could no longer fight to clear his name because the battle would be too of the First Amendments suggests They represented two minority pa- costly. "This fight has resulted in a complete collapse of my life' s savings that the press be a law unto itself. pers, one published in German ... I can no longer pay the minimum expenses necessary to defend The Founding Fathers were acutely (Arbieter Zeitung). They advocated a myself," said the former judge. aware of the books of men like very radical idea - the eight hour Lilburne, Locke and Milton . They day! A Superior Court judge in Santa Cruz has sentenced a doctor convicted were indebted to Tom Paine's pam- Experience demonstrates that it is of numerous Medi-Cal fraud violations to a year term as a middle class phlets which popularized the revolu- often (but not always) the small physician. The convicted physician will provide rural medica.1 ｣｡ｾ･＠ in tionary ideals. These were writings presses that have the most difficul- Southern California and will receive a 530,000 annual salary. No Imprrson- of dissent and change. This is what ties with the authorities. Add to that ment was requested in the unusual proceeding. When asked about the the First Amendment was to protect. the individual reported suddenly propriety of sentencing a convicted physician to a $30,000 job, the judge Of course it was important to confronted with the law who finds said, "you have to pay him something." abolish prior restraints. But clearly, himself alone. Surely retribution has the greater concern was the criminal its greatest effect on the vulnerable The Supreme Court ruled this summer that the First Amendment does trial of seditious Iibel and treason . and weak. Continued on page 12 not support inmate claims of a right to solicit union membership. In so holding, the Court said that the prison environment is not a Ｂｾｵ｢ｬｾ｣＠ THE PRICE OF PAIN forum ." The decision according to Justice Thurgood Marshall In hiS dissent, was an "aberration" and "a giant step backwards towards that A mother's life in hard cash is • The loss of an eye is compen- discredited conception" of prisoners as "slaves of the state." worth about ten times more compen- sated by a standard $10,250 court sation in an American court than in a award in Britain but in the United The proposition/initiative access route to governmental power will be British one. States it can fetch between 5150,000 expanded under a constitutional amendment proposed by ｾ･ｮ｡ Ｎ ｴｾｲ＠ James The eye of an American is 20 times and 5250,000 (in one case 5600,000). Abourezk (D-S . Dak.). The amendment if adopted, would give Citizens the more expensive than that of a Briton. • A quarter ofa million dollars has right to enact proposals that have been ignored by elected officials. Just one day of pain can cost a been paid in the United States for quarter of a million dollars in the one day of pain suffered by a patient The California Supreme Court has refused to recognize a cause of United States while an entire week of injured through negligence, while in action by a child for loss of parental consortium. The plantiff argued that pain in Britain usually merits $340 Britain the maximum award for a since a child may recover under California's wrongful death act for loss of compensation. week of pain in such cases is 5340. affection and society, it was a denial of equal protection not to allow These were the contrasts dis- Donald Teare, who heads one of recovery via a consortium action. The court rejected this argument. (563 covered by a symposium of Ameri- the two malpractice protection plans P.2d 858) . can and British trial lawyers and for British doctors, showed slides of ｣ｯｭｰ｡ｲｾ＠ doctors who the compen- one recent case where a pair of In a related case the California Supreme Court held that a fetus is not a sation systems of the two countries forceps was recovered from the " person" within the meaning of the ｷｲｯｮｾｦｵｬ＠ death ｡ｾ＠ until .there has here. They discovered that: abdomen of a man 17 years after been a live birth. The issue arose in a medical malpractice action by the • The accidental or negligent they had been left there. parent against the delivering physician. (no. 30574, 6/ 8/ 77) . death of an ordinary mother of three "He fell on New Years Eve and can result in a court award of the forceps moved. We discovered A Federal District Court Judge in Maryland has held that student between 5100,000 and $150,000 in them by X-ray. He was paid 1000 organizations have a constitutional right to engage in litigation . ｔｨｾ＠ .court the United States. In Britain it sterling (51700) and the forceps held that absent a showing by university offiCials of a ｬ･ｧｬｴｬｭ ｾＧＢ＠ amounts to between $8000 and were removed," he said. substantial valid interest in regulating or restricting such litigation , a bu .. 517,000. © Reuters, 1977 on litigation is invalid. (430 F. Supp 387) SEPTEMBER 6, 1977 The Arts PAGE 6 IN FLIGHT Well you gassed her up Behind the wheel With your arms around your sweet one in your Oldsmobile Barreling down the boulevard Looking for the heart of Saturday nite. © Tom Waits Sometimes down but never out, Raleigh re- not. bounded. Knowing he'd further his cultivated He elbowed his way into the steamy tourist- "GAMBLING LOSSES" image (she called him mellow-what. could be trap, more like a giggly tomb, he thought, littered more complimentary to an aspiring Northern Cali- with those who've been wasted by sight-seeing, yet somehow continue to chuckle vacantly with, By Tuesday, Raleigh was cozily aware that he fornian?), he resolved to salvage the night with oh where are you from , Kansas Ciry did you say? was in demand. Glittering invitations to well- booze and a good buzz. He discovered another Unable to avoid them, for this is their bar, he heeled parries, a float on the bay, suggestive easily-aggrieved partner underneath a drooping plunged through white cashmere with pearls, smiles from desirable dates-it all spelled out Panama and plunked down beside him. golden belt-buckles adorning purple double- WEEKEND in bold shiny letters. Though they drank for sustenance, the liquor knits, and gabby lips foaming with Irish coffee. When Saturday arrived, he was faced with that failed them. His drinking companion's head soon most pleasurable of dilemmas-should he accept surrendered to the weight of the hat and fell He affected patience, sitting cat-like until he saw the invitation of the Blonde or Still Blonder? He emptily upon his fleshy pink neck. Raleigh's brain his opportuniry and pounced. Suddenly, he was skipped the section's softball game on' pretense of rolled inwardly, clashing with the lurching of the again in Her presence. study pressures, but gossiped on the phone cruiser. He tottered out to join the living on the He prayed for a kind word, something that instead. This research inconclusive, Raleigh deck. might heal his gaping wounds. Instead they were resorted to the Las Vegas amateur gamble. In He'd erred in choosing the Blonde over Still scrubbed raw. disregard of the odds, he heeded his throbbing Blonder; now he just plain goofed in trying to "If I were you, I wouldn't try any- instincts and chose to go with the Blonde. make the invitation jive with his expectations. thing because that guy by the bar is Standing before his mirrored image, Raleigh Through drunken, diminished vision, he stalked puzzles over last minute preparation (whether to the Blonde then cornered her. The blurted myoid boyfriend, and he's bigger than you." blow dry or be blown dry) . He glanced out the out- "Come on, let's go make it on the deck." window and pondered the deep blue sensualiry of Bingo! He was released, freed from the Buena the East Bay's expansive lap. A cruise around the Silence. She looked startled, though amused. Vista. Self-torture h'e could withstand, but he was "Come on, that's what these bay cruises are bay-don't show up fashionably late for this not to be punished by insensitive women. And no, parry, she'd quipped. Needn't worry, he thought. for. " thank you, he did not need a ride home. Hyde He mouthed these words painfully, for although He'd be there early, to gaze in awe as she deli- Street, from the Wharf to the Nob, was just made his charm was at low ebb, his ego felt the damage cately tilted her soft oval features . for a leisurely walk. You could tell by the stairs it was heaping upon itself. Blondie ran away and Nevertheless, habit (had he ever been any- built into it. Raleigh hunched over the rail, feeling as though where on time?) forced him to scramble downhill He stumbled up Hyde with the difficulry of the he were floundering in the bay rather than cruis- from Jackson to Beach in seven minutes. All for losing gambler leaving Vegas. Those masses of ingupon it. naught, he grimaced, as he waited impatiently for unfortunates finally drive into the desert, tearing Things got no better. The booze ran out; the the tardy boat's departure. Worse still, the themselves away from the casinos holding the ship never left the bay, turning around unsatis- Blonde showed up alright, but with what ap- fortune that was theirs, as well as the fortune that factorily each time it reached the Golden Gate. peared to be one, maybe two other dates also in should have been. From miles away they can see The irrevocabiliry of his decision to board the boat tow. Winds from the water, hospitable only Vegas glaring like a single dingy lightbulb did not escape' him as he mused whether the moments before, now caused the sweat from his screwed into a filthy floor. With those other captain might stop by shore, ever so briefly, so he haste to dry crustily across his sticky cheeks and losers, Raleigh shared the inescapable realiza- could rush to Still Blonder. Yet the ship still eyebrows. As the boat slopped out of its docking, tion-he shouldn't have bet so high, on so little. Raleigh shivered at the bow, cursing silently. circled dizzily, its railing, like prison · bars, penning him in. He was a captive till midnight. Then you comb your hair Alone on the deck, Raleigh fell prey to his Its found you stumblin Shave your face masochistic potential. Like someone who con· Stumblin on the heart of Saturday nite. Tryin to wipe out every trace tinues to bang their head against the wall because Of all the other days they'd miss the pain if they stopped, he decided to In the week follow the Blonde to the Buena Vista. Having by Peter M. Nelson This'll be the Saturday docked at the Wharf, he was free to go, to leave You're reachin your peak the pain of a wasted Saturday night. But he could

DATELINE: RTF

After Rerurn to Forever's excellent release of musicianship. Corea has contrasted the material tive in comparison to previous material, but Romantic Warrior last year, it looked as though from Romantic Warrior's jazz-rock sounds to Clark's accompaniment beefs up most of the the group was finally going to branch out and more jazz-based compositions. Most of the songs to solve this problem. It was Clarke who make themselves known to the entire music material on Musicmagic contains the brilliance of stole the show from his fellow musicians by world. However, the group's leader and keyboard Corea and Clarke's abiliry to write, except for displaying his superior talents on the electric and genius, Chick Corea, cut two musicians from the Moran's two compositions. upright acoustic bass, his intense bass solos group, percussionist Larry White and guitarist Moran is used in the same light as Flora Purim discarded any need for a guitarist, as the Al DiMeola. They were fired because Corea was on the earlier RTF albums; only she plays the highlight of the show was a solo jam between wanted to form new musical directions, and in keyboards along with her singing duties. She is an Corea, Clarke and Farrell, where all three showed doing so, radically changed RTF. He kept unnecessary addition to the group and has a small what their talents had to offer. Farrell, who has ｾｯＭｦｯｵｮ､･ｲ＠ and bassist supreme Stanley Clarke, but damaging effect on them. Her keyboards are returned with the group after an absence of four Installed Gerry Brown (of Clarke's solo group) as not needed for her abiliry is limited, and there is years, is a welcome addition. drummer, added his long-time friend and com- no need for another keyboard since Corea is The new Return to Forever has an excellent panion Gayle Moran to sing as well as perform on present. Her voice, which is supposed to be her chance to pick up where the old crew left off in the ｫｾｹ｢ｯ｡ｲ､ｳ＠ and piano. Joe Farrell, a well- biggest asset, is highly overrated. establishing themselves to the entire music arena, established and polished jazz musician who 'rather than just jazz. If Corea drops Moran from appeared on the group's earliest efforts (Return to Gerry Brown displayed his talents on the drum the group, and replaced her with a vocalist with Forever and Light as a Feather), operates the kit well. His rythms erected an excellent fore- abiliry, which is highly unlikely, the group would saxophone and clarinet. Stanley Clarke's horn ground for the group to build on, and his timing have no obstacles hindering them from achieving section is employed in the same position. was synchronized well With the rest of the group. their goal. Without Moran the groups stands Berkeley Communiry Theater was the scene for The horn section, featured James Tinsley on solid, with enough abiliry and potential to make the group's promotional tour for their latest trumpet, trombone and saxophone, enabled the an enormous contribution to the music world, recording, Musicmagic. The entire two and a half group to expand their musical horizons. Corea even more than Corea and Clarke have already hour show consisted entirely from this latest fascinated the crowd with his usual incredible made. production and was most entertaining. Though runs on the synthesizer and mini-moog, as well as the group is not as strong as the '76 version, they some tasry work on the piano. presented the latest RTF material with fum His writing on Musicmagic is not as imagina- SEPTEMBER 6, 1977

PAGE7 The Arts AMERICA 1976 An exhibition of more than 7') monumental paintings of America by 45 of the country's lead- "MUSIC IN YOUR EARS" . . ing realists who were commissioned by the U.S. when the koto meets the electnc gwtar? One of Depanment of the Interior to paint whatever they Too much of a critic's time is spent analyzing Japan's most popular musicians of the 1960's has wanted in the lands the Depanment manages will faults in the mass of records that are released now produced a surprisingly different album be featured at the San Francisco Museum of every month. This summer produced a number of which combines elements of eastern music and Modern Art from September 16 through Novem- excellent including many by lesser-known anists. we.stern jazz. An interesting album for those with ber 6. With that in mind, here is a capsule view of the more explorative tastes. "America 1976" marks the first U.S. Govern- musical summer. KEITH JARRETT-STAIRCASE. If there is ment an subsidization of this scale since the Farm AL JARREAU - LOOK TO THE RAINBOW. In any question left that Jarrett is one of the musical Service Administration's photo documentation his third recordingJ arreau finally gets a chance to geniuses of our time this album should help put and the WPA's helping hand to anists in this work out on vocals in a more relaxed setting. The them to rest. As shown in his recent solo perform- project resulted in paintings of scale and panor- album, recorded live in Europe, gives Jarreau ance in Berkeley Jarrett is the leading improvisa- amic inclusion that humble many of the country's room to improvise and use his array of vocal tal- tional pianist performing today. He has moved far early landscape paintings in comparison. ents. He can sound like a conga drum, a violin, a beyond jazz into classical structures to produce The exhibition opened with much celebration at bass, a gospel singer or a scat anist with amazing music that is soothing yet never boring. Any per- the Corcoran Gallery of An in Washington, D.C. ease and style. His performance this summer at son with a love of solo piano should get this in April of the Bicentennial year. It then went to the Great American Music Hall was an example of album. Boston where the voluminous paintings had to be what true stage presence is. Much of this energy GARLAND JEFFRYS-GHOST WRITER. divided between Harvard's Fogg Museum and translates into the recording format creating an What is Brooklyn reggae? Jeffrys combines a lot the Institute of Contemporary An. Since shown in album which is alive and entenaining. of elements in his music, the vocals are reminis- Minneapolis, Milwaukee, and Fon Wonh, it will PETER TOSH-EQUAL RIGHTS. Equal cent of Mick Jagger, the music deep in the rock of travel to Atlanta after San Francisco and close in Rights is a highly successful follow-up to ex- New York yet adorned with a reggae backbeat. If Brooklyn. Wailer Tosh's first album Legalilze It. A super- for nothing else but the song "Wild In the Each of the anists were given $2000 and living charged mixture of ganga, Jamaican politics, and Streets" this album should be heard. _ expenses to paint anything they wanted so long as Rastafarianism propels Tosh to what is the reggae EARL KLUGH - FINGER PAINTINGS. It is it penained to the work and programs of one or album of the year so far. Much cleaner and acces- hard to get an understanding of where Earl Klugh more of the Department's agencies. With great sible than Bob Marley's Exodous, Tosh may pro- is headed musically. After playing with George enthusiasm the anists spread out all over the vide the challenge that will remove Marley as Benson for many years Klugh has produced three country. They rafted down rivers, slogged reggae's leading proponent. highly successful albums featuring his acoustic through salt marshes, circled over mountains and JAMES TAYLOR-JT. In his first effon for a guitar and a slick LA jazz sound. When playing the results were spectacular. new label, Columbia, J ames Taylor proves that he his own compositions Klugh is very impressive, Among those lured by the open skies and wide is not a musical name of the past. The album yet on songs like the "Theme From M.A.S.H." expanses, Vincent Arcilesi tied his easel to rocks shows an ability to both pick up present trends in he borders closely on muzak. Still a very pleasant on the Nonh Rim of the Grand Canyon to with- music and retain the folk singer image that Taylor record. stand savage winds while he worked long hours has always had. Both in production and vocals, BILL EVANS-QUINTESSENCE. For the mo- each day for many weeks. William Allan flew to Taylor has put together his best album in recent ment when you want to hear a quiet jazz album Alaska where he painted a delicately detailed years, fully worthy of the sales it has generated. that will not challenge your sanity this may be it. watercolor ponrait of a sockeye salmon as well as STEVE WINWOOD-WINWOOD. While on Pianist Evans, joined by Guitarist Kenny Burrell a cloudscape over Mount McKinley. Don Nice was the subject of names from the musical past, Steve and other notables, provides an effon that is quiet lowered by helicopter into the midst of a buffalo Winwood has long been known as the backbone of but played with the taste and style that is only ac- heard in South Dakota where 20,000 of the wild the group "Traffic." Now he has produced his quired after decades in the business. creatures live in a protected environment. He first solo effort along with assistance from long GREG KUIN - GREG KIHN AGAIN_An album made sketches and eventually executed a classic time associate Jim Capaldi and other friends. The of infectious and thoroughly unpretentious rock hair-by-hair ponrait of a buffalo, long ago album proves what most people thought, it was and roll from our own Bay Area label, Beserkley. adopted as the emblem of the Depanment of the the multi-talented Winwood on vocals, guitar, and Although no one distinguishes themselves musi- Interior. Willard Midgette painted a 9 x 26 foot keyboards that made Traffic what it was. A thor- cally, Kihn has a pleasant voice and provides mural of a Navajo ' 'Powwow" complete with beer oughly satisfying blend of intelligent rock with music to make you dance, not think. cans and blue jeaned Indians. elements of jazz and disco. byJules Kragen Though this is predominantly a landscape ex- OSAMU KITAJIMA-OSAMU_ What happens hibition it is decidedly a view of the land through 20th Century vision. Susan Shatter's tolorado River meanders through endless mesas to form an abstact horizontal design. Wayne Thiebaud's " Yosemite Valley Ridge" undulates with seduc- tive surfaces in glowing purples. Roben Bechtle's PAUL HORN RETURNS "Aqua Caliente Nova" ponrays a desen canyon in California's Aqua Caliente Reservation with a Chevy Nova and the anist's wife and kids posing Master musician, Paul Horn will make a long- jazz circles and has been honored of late by Who 's for a tourist shapshot in the foreground. An ac- awaited appearance with Tai Chi Master, AI Who is America, Man of Achievement and The complished scuba diver, Ann McCoy produced a Huang at the Marin Civic "Veteran's Memorial" Blue Book ofEngland . He has also been a winner huge but delicate drawing in colored pencil of a Auditorium on Sunday, September 11, 8:00 P.M., of jazz polls conducted by Down Beat and Playboy living coral reef in Hawaii. with ticket prices $5.50 and $6.50 reserved seat- magazines. Paul Horn has said, "There is no The anists were carefully selected and the show ing. more jazz.rock, only music. My music is sound was developed under the leadership of J oha Paul Horn realized his love of music at an early meant for everyone's ears." DeWitt, former Director of the Department of the age and after receiving a bachelor's and Master's The visual pan of the concen will be Al Huang, Interior's Visual Ans Program, and by guest degree became a "session" musician recording a Tai Chi Master, who grew up in China with curatdr John Anhur, Gallery Director at Boston with Chico Hamilton, Miles Davis, Duke Elling- training in the Classics and a variety of Oriental University. Anhur assembled three regional ad- ton, Nat King Cole, Ravi Shankar, Frank Sinatra fine and manial arts. He later came to America to visors, themselves painters: Wayne Thiebaud on and Tony Bennett. In 1960, he slatted his own become an architect and a concen performer. He the West Coast, Philip Pearlstein on the East band and still had time to join the NBC staff or- has taught theatre I dance and Asian arts through. Coast, and Ellen Lanyon in Chicago. The result of chestra while doing studio work. After living in out Nonh America and the Far East and is di· their selections is a patchwork of styles, abilities Los Angeles for years, he moved to Canada, rector of the Lan T'ing Institute in Sausalito. AI and viewpoints and a redefinition of realism. where he presendy resides, and plunged into new Huang has published a number of books, one California artists in the exhibition include William projects which including film scoring, soloing with which he co-authored with Alan Warts. What you Allan, Roben Bechde, Vija Celtnins, Ann McCoy. the Victoria Symphony Orchestra, for which he hear from Paul Hom's flute will be gracefully Joseph Raffael. and Wayne Thiebaud. received two gcammy awards on his performance seen as this master of Tai Chi exquisitely moves A pand discussion, " The Anist and the land- of "Jazz Suite on Mass Texts." After recording across the stage. scape," with exhibition panicipants William some dozen and a half albums, his big debut on Also to be seen is a multi-media presentation Allan and Philip Pearlstein, will be held on Epic records came with his LP, INSIDE TIlE TAJ backing up Paul Hom's performance along with a Thursday evening, October 13 at the Museum. MAHAL, followed by his second Epic release, candid discussion of his career as a jazz musician A 12 :30 lunchtime lecrure series in the Museum INSIDE II. This was pan of an experiment Paul and his experiences in the Taj Mahat, performing Auditorium entided " Landscape in American undenook with killer whales. Coinciding with this with the whales and his latest episode in the Great An" will also be held featuring Alfred Franken- album, Paul completed a film for Columbia Pyramid of Cheops. The entire event is non.profit. stein on October 18, Wanda Corn on October 25, Picrures, WE CAlL TIlEM KilLERS, emphasiz. The S.F. Chronicle named Paul Hom's 1976 and Roben Bechtle on November 1. ing his communication with the whales. conce« in San Francisco as "the best concen . .. To date Paul Hom has completed an 18 week 1976," and this one promises to surpass its series of half-hour TV shows for Canada's CTV predecessor. "SOUNDING SIGHT" -one you'll Network, toured and conducted musical work- have to see with your ears. shops internationally. He is widely respected in by Moorh' Newmark On July 8, 1977 , after an intensive screening process, six three groups of two to prepare for one of the day's most difficult finalists for the Tony Patino Fellowship were brought together at and imaginatively taxing events: each finalist was to act as advo- the Hastings College of Law for Selection Day proceedings. At 10 cate for his or her partner's candidacy. At 1: 30, the groups broke a.m., the six began arriving at 25-minute intervals for their for an informal lunch with the judges, then returned to the individual interviews before the Selection Committee, which was Lounge for another half-hour of preparation for advocacy. By 3 comprised of former United States Supreme Court Justice Arthur p. m., they were gathered together again before the Committee, J . Goldberg, California Supreme Court Justice Raymond Sulli- where they proceeded to tout the outstanding qualities of their van, Los Angeles Superior Court Judge Arthur Alarcon, Los fellow candidates. Angeles attorney Rosemary Gauthier, Elliott Witt and Albert At 4, the long, grueling day was over; the candidates were Dorskind of MCA, Inc., Dennis Poulsen of the Friends of the dismissed and the judges met with Hastings faculty members Tony Patino Fellowship organization and the Committee's facili- and Friends of the Tony Patino Fellowship for cocktails and tator, David Abel of the Coro Foundation. conversation. The decision had been made: Cynthia Remmers At 1 p .m., the candidates gathered in the Faculty Lounge in and James M. Carroll were chosen as the 1977-78 Fellows ｅｬ･｣ｾＮ＠ ,." DECISION-MAKING: THE TONY PATINO FELLOWSHIP SELECTION PROCEEDINGS

Candidate James M. Carron I, interviewed by SelecdoD Committee memben Candidates Cyathla Remmen aDd James M. Carron prepare to IIdvocate each other'. [clockwise hom top rlgbt) Elliott Witt, MCA, IDc.; former U.S. Sapreme Court Jaldee caadldacy for the TODY Paduo Fenowlhlp. Arthar J. Goldberg; DeDDII POaiseD, FrIeDu of the TODY Patino Fenowlhlp; Lol Aageles Saperlor Court Jadge Arthar AIarcoD; David Abel, the Coro FoaadadoD; Los Aageles attomey Rosemary Gaathler; CaI1fomJa Sapreme Court Jasdce RaymoDd SaIDvaa; aad Albert Donklnd, MCA, IDc.

[Left to right) Candidate Cyathla Remmen, Selecdoa CommIttee member Albert Cyathla Remmen Hrves .. lIdvocate for ber fellow caadlclate, Jame. M. Carroll. Donklnd, Candidate Jame. M. Carron and SelecdoD Day FaclUtator David Abel tak laachdme break hom the day-Ioag proceed!na.. ;tl •

Former UDlted State. Sapre Court J dee levity darlna tbe SeIecdoD D:;'ｐｾＧＮ＠ Arthar J. ｾｲｧ＠ el\Joy. a m __t of The Tony Patino Fellowsh ip: Something New, Something Needed

by Joseph H. Golant

The University of California-Hastings College of Law has has always occupied a special place in our society and in return provided something new in the form of "The Tony Patino Fellow- incurs a special obligation to society. In law school we learned ship" for needy and worthy students. The amount provided is the mechanics of running our society. We were also instructed in $5,000 per year and covers both educational and living expenses. the art of legislating, in setting forth the rules and regulations to More may be provided by a related endowment fund to operate our society and in the rationale which forms its founda- compensate a student for childcare expenses. The purpose of tion. We are the ones who are supposed to make our system work the Fellowship is not only to encourage academic excellence, but in a more progressive and civilized manner than perhaps instinct more importantly to ingrain in the recipient a sensitivity for the alone will let us. needs of society. Thus, an applicant for the Fellowship must For years, our profession has foisted this role of itself upon the have a record showing active participation in public interest public and the public has blindly accepted it. However, we activities, such as organizations or programs that study and know that many in the legal profession are more immoral than contribute to the solution of societal problems. It is hoped that moral, and more unethical than ethical and demonstrate only an the financial support from this new Fellowship will give the incidental concern for the public interest. As Part II of this recipient the opportunity to continue engaging in public service editorial points out, Watergate and its surrounding activities activities while pursuing his legal studies; it is expected that the illustrated quite clearly where some ostensibly prominent result will be a community sensitive, community active lawyer. lawyers were coming from . A Fellowship Screening Committee has already been formed, It's about time that society's greater interest be foremost in including three people from the law school, Dean William our minds and that ways be sought to represent our respective Riegger, DeanJane Peterson and Professor Jerome Hall, as well clients within such a more rational framework. The Patino as a group of people from outside the school headed by former Fellowship places on an equal footing the learning of the United States Supreme Court Justice Arthur J. Goldberg, mechanics of the law and the learning of the reasons why the law California Supreme Court Justice Raymond Sullivan, Los is needed and how it is to be applied in everyone's best interest. Angeles Superior Court Judge Arthur Alarcon, Mr. Elliott Witt We all have a public duty to see that society is well served and and Mr. Albert Dorskind, executives with MCA, Inc. ,and Ms. that it progresses harmoniously. Rosemary Gauthier, a Los Angeles attorney. The Fellowship was While one would hope that The Tony Patino Fellowship would established by the formation of a half a million dollar trust by have been unnecessary it is clear there is a need. The Fellowship Mrs. Francesca Turner, in memory of her son, Antenor Patino, ought to make us all more sensitive to the community's interests Jr., who prior to his death was a Hastings student and a gifted and to inject those interests into our practices. writer for Universal Studios, a subsidiary ofMCA, Inc. - Reprinted from The Journal of the The ideals expressed by The Tony Patino Fellowship are Beverly Hills Bar Association warmly received and, I think, long overdue. The legal profession Ma - une 1977

THE 1977-78 FELLOWS ELECT

CYNTHIA REMMERS, married uad the mother 01 two, .. • eo-follDcler uad VIce JAMES M_ CARROLL .. • fODDer cop OR tbe beat ID TleDtoIl, New Jeney wI...... t 01. _-proOt day eare ceDter for cleve&opm.taIly dlaabled cbIIdreD ID IAe developed. aew procedarea for Juvealle drua _ue coatrol • AapIea, c.ufDmIa.. SEPTEMBER 6, 1977 Opinion PAGE 10 DISTRICT ELECTIONS COMING LETTERS TO THE EDITOR OUR WAY

Prop. T and returned us to an at- As I read through the list of course in practice seminars plus oral report There is a supervisorial election in required. Text: Frederick's of Holly- your future. The defeat of proposi- large system. It looked like a fairly offerings this fall it was with . the tions A and B in the special election sure thing. All the big money in town same anticipation hitherto aroused, wood catalog Selected Topics in Talmudic Law on August 2nd assures that San was supporting yes on A. The media no doubt, only by Rome's awaiting (5 units) This year's course will cover Francisco will go back to an electoral was downplaying the election in the the coming of the Visigoths. The the 'Mishna Torah' and where to get system it abandoned in 1933 : the hopes of a minimal turnout, which courses I had patiently waited two district election of supervisors. would benefit A. Mayor Moscone years for were closed, quickly a good kosher meal in the Tender- This will provide all of you with an and other city wide offiCials, while grabbed by hungry students with loin . Mandatory field experience and unparalled opportunity to become nominally supporting district elec- lower lottery numbers, and more weekly synagogue attendance. Lec- involved in one of the estimated 150 tions (No on A) were keeping a very luck, than I. I was caught between tures in Yiddish. Required texts: the campaigns that will be waged for the low profile. the Scylla of 'Corporations with Him' Hagada, West' s Annotated Ten November 8th election . You jaded Into this situation came Supervisor and the Charybdis of having to fill Commandments . politicos out there who have served John Barbagelata. Supervisor Barba- my schedule with 6 or 7 meaningless Death and the Warren Court (6 on senatorial staffs or on a state gelata had been Mayor Moscone's two-unit horrors. Would I now have units) A study of procedural due pro- central committee may laugh, but opponent in a bitterly fought mayor- to take Medical Jurisprudence, P.1. cess in the context of death. Is there this November the rest of us will ial race in November 1976 (at the Lit., and Indian Treaty Law? Surely a right to counsel? Plea-bargaining, actually have the chance to partici- same time that Prop. T passed) and a there is some justice left in the pardons, bail and other alternatives pate in an election where the ordin- subsequent runoff in December world. After all, "fiat justitia." With to death will be considered. Stiff ary campaign volunteers will have an 1976. Barbagelata had a strong fol- this dour prospect I closed my eyes competition. Visiting Professor opportunity to see and perhaps even lowing of old-line middle class San and contemplated what it might be Warren. speak to the candidate they are cam- Franciscans, centered in the western like if Hastings would offer some Professional Responsibility (4 paigning for. So that you have a part of the city. Barbagelata began to courses like these: units) The categorical imperative somewhat better idea of what is collect signatures for another initia- Accountinl for Shysters (4 units) and how to make it work for you in going on I will briefly go over the tive'which qualified as Proposition B An examination of accounting prin- building a successful solo practice. background to district elections in on the August 2nd, 1977 ballot. ciples and billing procedures with an Examination of the Calif. Rules of San Francisco. Proposition B was a "grab-bag" of emphasis on money and how to Professional Conduct, how to dress Since 1933 San Francisco has had different elements. It would have: 1. spend it. Special reference to bonds, for the fall, and other topics of an at-large system of electing super- shortened the term of the Mayor, debentures and the problems of current interest. visors. This has meant that theoreti- District Attorney, Chief Administra- opening a checking account. Other Jurisprudential Foundations of cally a supervisor was elected by and tive Officer and Sheriff, forcing them topics: usury, welching. Drop/Add (1,13 unit) The drop/add was responsible to the entire city. to run for election again this Novem- Domestic Relations (4 units) A procedure is analyzed against a Community and neighborhood ber; 2. shortened the term of most of practical exploration into key areas background of logical positivism. groups argued that the 5100,000 cost the members of the Boards and of marriage dissolution, wife- Couse meets in Room 111 Prere- of running for city-wide office every Commissions, having them reap- beating and other marital problems. quisite: degree in logic or computer four years meant that the supervis- pointed by the winning mayor this Fifty ways to leave your lover ana- science. ors were in fact responsible not to November; 3. changed supervisoral lyzed in detail. Student participation Michael DeAngelis the people in general but to the elections to a mixed system where downtown business interests that each supervisor wold live in and be provided the bulk of campaign con- responsible for a district but be tributions. This indebtedness shows elected "at-large"; 4. added a pro- especially clearly when one consid- vision that all elected officials be ers that the supervisor's job is a part- elected by a majority vote; and 5. time position paying only 59,600 a added a provision for recall of super- year. visors . Barbagelata and his group In the past few years, a wide var- believed that Prop. B was the only iety of groups have tried on several was to prevent a radical (liberal) occasions to reintroduce district elec- takeover of the city. tion of supervisors. They were suc- There were two opposition groups. cessful last November (1976) with San Franciscans for District Elec- proposition T, which established 11 tions, headed by a private investi- supervisorial districts and required gator with the unlikely name of Jack each candidate to live in, be elected Webb, were opposed to both A and by and be responsible for his or her B. They were primarily concerned district. with the issue of district election of T succeeded where other attempts supervisors. had failed for a number of reasons. The No on B Committee, run by One was the constant increase in Don Bradley, the' heavy among local property taxes and rents, another the Democratic professional campaign craft workers' strike, a third, the un- managers, was only opposing Prop. derestimating of the pro-district B. They had the support of almost all election forces by those who sup- of the city's elected officials and the ported the status quo, and finally, money of the downtown business there was the presidential election establishment. that occupied most people's The financing of the No on B cam- attention. paign by the downtown business in- Immediately after the passage of terests was one of the most interest- ｵ･ｵｾｾ＠ ａｴＳｐｗｾｴａＮｐａｾＬｾ＠ ... Wtb CAL.I5ftf'lOO,"IHE ＱＺ｡ｬＮｾ＠ Prop T, a group called San Francis- ing aspects of the whole campaign. cans for Total Representation began Apparently some New York money 'JOU ｾ＠ 'tHE F.8.1.

• • • LIFE INSIDE • • • • to change its stringent paroling policies. And Edward Apodaca is an inmate of Folsom economic factors continued to affect it. During the Prison . Should SB 42 perform as planned, his three-year period, 1970-72, 25 ,000 prisoners were By Edward Apodaca 19 years-to-life sentence for burglary and rape paroled. will be reduced to a strict nine years. This is his Also during this period, the Probation Subsidy first published article. This article originally Program was increased throughout the state. This appeared in the September 1977 edition of program reduced the number of convicted felons Student Lawyer, an ABA Publication, all rights being sentenced to state prison terms by compen- reserved. sating counties for retaining the convicted felons in their own facilities or placing them on proba- tion, rather than sending them to prison. Each county was compensated in the amount of $5 ,000 Los Angeles Police Chief Edward M. Davis calls vidual feelings and attitudes. A black convicted per person per year. The rationale was that it it' 'the great prison break." According to him, the for the rape of a white woman, a Chicano would cost the state $6, 500 to keep a person in prison gates in California have been opened and convicted for sale of narcotics, or a Hell's Angel prison for one year. thousands of dangerous felons have been pre- convicted on an assault charge would inevitably The increased paroles had predictable and sig- maturely released-thanks to an act of Governor serve more time than others committing the same nificant negative side-effects. Many felons were Edmund' 'J erry" Brown and the state legislature. offenses under similar circumstances. Had the released on a " take a chance" basis; the stand- This new law, " The Uniform Determinate Sen- parole board itself been composed of a cross- ards the board employed were inconsistent and tencing Act of 1976," known to most Californians section of California's population, perhaps things self-defeating. Some critics felt, and rightly so, as Senate Bill 42, took effect on July 1,1977, after might have been different. But it was not. With that the parole board itself should have been held surviving numerous attempts to kill it. The criti- the exception of some token representation, only accountable and criminally prosecuted for con- cism against SB 42 began last year, as soon as men with law-enforcement or prison- spiracy and collusion, as its lenient policies were Governor Brown signed the bill into law. Police administration backgrounds were appointed to directly responsible for a series of crimes, many Chief Davis, one of the bill's most ardent critics the board. Nor was it rare for one's previous cap- violent .. (One example was the much-publicized was the first to attack the new legislation, ｵｳｩｮｾ＠ tor or jailor to sit in judgment on a convict's furure robbery ring that operated out of the Don Lugo the opportunity to also launch his bid for the com- liberty. (One San Quentin prisoner remembers Pre-Release Center. Two prisoners involved in the ing gubernatorial race as a tough" law and order" that " a board member at my parole hearing was Work Furlough Program left the prison every day candidate. acrually the same DA who had prosecuted me six under the guise of job-hunting; actually the em- But to supporters of the new legislation, SB 42 years ago. I didn't have a chance. ") ployment they found was self-made, as they sys- is the beginning of a new era in California's crim- Still, it was significantly not a judgment of right tematically robbed select establishments in the inal justice system. Basically, it removes the onus or wrong that led to the passage of SB 42 and outlying communities.) of rehabilitation within the penal system and sub- California's fIrst determinate sentencing act. In- To buffer themselves against mounting criti- stitutes instead punishment through imprison- stead, a series of random but heavily political cism, California's parole board reverted back ment as the. state's new method of dealing with events was its genesis. To trace them back to their again to its hard-line policies of the mid-Sixties. In crime. very beginning is to go as far back as 1967. Over 1973-74 , paroles were reduced and the Parole Coincidentally, SB 42 also benefits thousands of the previous fIve years, California's prison popu- Subsidy Program eased. The prison population prisoners with either shorter sentences or an im- lation had steadily increased. The rigid policies of was on the upswing again. mediate release from prison. And this, even the parole board and the increased number of Meanwhile, Cahlorruans had Just elected a new though the bill imposes punishment above the convicted felons sentenced to state prisons con- Governor, Edmund "Jerry" Brown, Jr. Although national average for most crimes. tributed greatly to the trend. By 1968, in fact, he was the son of a previous governor and had The controversy surrounding SB 42 concerns California ,had the nation's largest prison popu- been raised on a political atmosphere, he still more than the release of prisoners. It does noth- lation-29,000, even bigger than the federal pri- brought a new spirit to California politics. Rather ing less than entirely restructure the California son system. than make vague promises, he preached limited state prison system by abolishing its 60-year-old Among the heinous by-products of this situa- expectations, realistic goals and an openness in "indeterminate sentencing" practice and Califor- tion was forced "double ceiling": the prison state government. He also called for the inclusion nia's Adult Authority panel (parole board). convention of two men sharing the same 5' x 9' and active participation of women and minorities Supporters of the bill maintain that is is a giant cell. At the same rune, the complexion of Cali- in government, people who in the past had only step forward in reaching uniformity and fairness fornia's prison population changed sharply. token representation. Of noteworthy interest to in the state's criminal justice system. They claim Where before whites had made up most of the critics of the parole board, Brown also indicated the punishment now imposed by the sentencing state's inmates, now blacks comprised 33 percent, that he was against the "indeterminate sentenc- court will be understood by all and out in the open and Chicanos a full 20. What's more, the prison- ing law," which had come under much attack for the offender and victim and other concerned ers of the Sixties were better educated, more de- once again over the parole board's "hard-line" persons to plainly see. The new law takes a differ- manding inmates than those of the decades policies. ent approach to the application of punishment for before. They had grown up either in instirutions In the early spring of 1975, the legislation a crime. It does not attempt to change, correct or such as Soledad and San Quentin, or with the materialized and took form in Senate Bill 42 . It rehabilitate a prisoner. Rather, very simply and revolutionary ethics of' 'Black- and Brown-Power" was introduced by John Nejedly, a highly re- mechanically, it imposes a number of years of im- on the outside. These various forces of over- garded Republican state senator who had once prisonment for each specific crime. crowding, racism and increased sophistication been a district attorney. SB 42 sailed through the Opponents of the new law claim that it is too combined in the California prison system to pro- conservative state Senate on a (36-1) do-pass vote. soft. They see it as a code-word to allow the re- duce a period of violence-or more accurately, a But the bill's easy journey through the upper lease of dangerous felons prematurely back into wave that didn't stop at the state's boundaries but body of the legislarure did not guarantee its pas- society. And although they are not all adamant spread from the prisons-at this end of the country sage. SB 42's passage out of the Senate alarmed backers of the state's previous methods, better to to Attica at the other. the parole board and other agencies which would keep prisoners locked away longer than neces- Of course, in California at least, there were be affected by the bill's passage. Some judges in sary, they think, than to unleash them too soon. other less obvious reasons for violence. First and particular, who had ignored the bill at first, were Whether SB 42 is a travesty of justice or a bold foremost was the lengthy and disproportionate now taking it seriously. Lobbyists immediately and vital step forward, only time and its compari- prison terms being imposed by the state's parole went to work. SB 42 was stalled for the 1975 ses- son to the previous indeterminate sentencing law board. On the other side of this was the prisoners' sion in the Assembly Criminal Justice Committee, can say. But there are a few objective pluses and suffering and anxiety from not knowing on a day- the graveyard of penal reform legislation. The bill minuses about each approach that can be com- to-day or year-to-year basis when parole would be was not dead though; it had only been tabled. It pared. Indeterminate sentencing does allow the granted. would have another chance with the committee in parole board a substantial latirude in fIxing the In the meantime, the state departments exper- 1976. fmal term of imprisonment. A convicted felon was ienced a drastic fmancial crunch at the hands of During the remainder of 1975 , the parole board sentenced to "the term prescribed by law" such Ronald Reagan, then California's tight-pursed made another effort at stifling the criticism and as 1-15 years, 5-life, etc. This small minimum'and Republican governor. Keeping his campaign saving the indeterminate sentencing law. The large maximum gave the parole board freedom to promise not to raise taxes, he slashed budgets by " Procunier" paroling policies were created and individually evaluate the prisoner, view his gains some 15 percent. And the prison system, under adopted by the newly appointed chairman of the toward rehabilitation and tailor his total time of the Department of Corrections, was no exception. parole board, Raymond Procuruer, former Direc- punishment by taking into account all the extraor- This left but one alternative - reduce the prisons' tor of Corrections for the past eight years. Con- dinary factors that the court may have overlooked population, or face even greater prison unrest. troversial himself at times, he was gutsy, out- during the sentencing phase of the trial. Under Obviously, the courts could not do so, so the spoken and rebutted criticism well. As Director of these conditions, uniformity could be better parole board had to be the avenue. As if by magic, Corrections, he had been innovative and ahead of achieved by the parole board at a more opporrune the paroling policies changed virtually overnight. his time with many of the new programs he intro- time. Within two ｹｾ｡ｲｳ＠ the prison population dropped duced into the prison system. But on the minus side, the board's very flexi- from 29,000 to 25,000. How ironic it was that Procuruer immediately attacked the bottom line bility was its license, too. Members reacted dif- economic considerations, not the threat or reality issue of criticism surrounding the indeterminate ferently to certain crimes based on their indi- of violence inflicted on the prisoners, led the state sentencing law - the fact of " not knowing." In continued on page 12 SEPTEMBER 6, 1977

Profile PAGE 12

Continued from page 11 times. When finished, War Eagle viciously beat To combat this threat, prisoners aware of the March of 1975, Procunier's board fixed parole grave consequences began to retaliate. Letters dates for most prisoners. But this abrupt and her into unconsciousness, then shot her four times with a gun. Convinced that she was dead, he left were written to many legislators informing them radical change in paroling policies resulted in yet of the negative" internal response" in the prisons another mass release of prisoners. Under Pro- her where she lay and went upon his way. By miracle or fate, the young woman still clung to any tampering with SB 42 . Underground cunier's scheme, over 4,000 prisoners were preparations were put into effect for a complete released during the 90-day period of July, August to life and, after regaining consciousness, man- aged to crawl to the roadside where she was work stoppage and prison lock down throughout and September of 1975 ; over 11 ,000 in all were the 12 California prisons. These plans were re- paroled that year. _Thus the previous "take a picked up by a passing motorist. A few hours ceived with mixed reactions, but the reality and chance" methodology changed to a "practically later, War Eagle was apprehended by the high- seriousness of the situation forced many into total everyone" basis. Even Sirhan Sirhan, the con- way patrol; he had run out of gas and was hitch- commitment. Prisoners began purchasing ext.a victed assassin of Senator Robert Kennedy, re- hiking along the highway not far from where he commissary items (cigarettes, coffee, canned ceived a parole date for 1986. In 1977 his parole had left his victim, presumably dead. She lived to foods, etc.) to ease any discomforts that would re- date would be further advanced to 1985 . testify. War Eagle was convicted and sentenced to sult from a prison lock down. In the tumult that followed, SB 42 only gar- a minimum of 19 years to life. Or so they thought. But not everyone had turned against the legis- nered more supporters, including Brown. Procun- Under the retroactive provisions of SB 42, War lation. Senator Nejedly, the original author of the ier resigned. The bill with its new strength passed Eagle's sentence would have to be recalculated bill, fought to the end to uphold the integrity out of the Criminal Justice Committee and was upon implementation of the new law on July I, behind the compromise legislation that SB 42 sent to the Assembly floor. As a part of the stra- 1977 . Furthermore, War Eagle would be able to ' . tegy to limit debate on this controversial piece of reduce his term of imprisonment by one third for represented. Also, the ACLU, Prisoner's Union, legislation, SB 42 was delayed until the final day good behavior and program participation. Con- State Public Defender's Office, Public Advocates, of the sessio.n. The bill had to be passed before ceivably, he could be back on the streets in ap- Committee for Prisoner Humanity and Justice, midnight if it was going to live. And it was, de- proximately 11 years. When this hit the papers, and the Friends Committee on Legislation actively spite an attempt by one conservative assembly- people were ,outraged. lent their support to oppose any premature man to filibuster. Opponents of SB 42 quickly seized the oppor- changes to SB 42 . There was also Assemblyman Thirty minutes before midnight a radio news tunity to highlight the weaknesses in the bill re- Richard Alatorre, a key liberal in the Criminal flash brought word to the prisoners: "Senate ap- garding violent offenders. Brown panicked. After Justice Committee, whose efforts contributed to proves amendments, Uniform Determinate Sen- two years in office his popularity was slipping. He the final watered-down version of the governor's tencing Act of 1976 is law." All hell broke loose in had prematurely revealed his political aspirations backed bill. The harsher and more severe amend- the prisons. The news was passed from cell to cell with his unsuccessful challenge against Carter. ments were removed and the bill was written and cheering and yelling soon followed . For the He had informed the public that he would veto more in line with the original SB 42 . Although un- imprisoned there was much to be happy about. any "death penalty" legislation; yet the people of known to many, this avoided a catastrophe within The new law would benefit most pf the men and California had mandated their desire for a death the prisons. women serving time in the California prison penalty bill by a 3-1 margin during the 1972 elec- In early June, just weeks before the operational system. tion, and recent polls had shown no change in date of SB 42, the revised amendments were Nine days later, with much fanfare and media their feelings. To further complicate matters, passed and signed into law. Some of the retro- coverage, Brown signed SB 42 into law. Entered Brown's chief opponents in the coming guberna- active provisions were tightened up, but the bill on January I, 1977 , but operational six months torial race were tough "law and order" candi- retained most of its initial integrity. Now Brown later on July I , 1977, SB 42 was hailed as a major dates-Brown could not afford to be labelled had the necessary cushion to temper any criticism reform of California's criminal justice system. For "soft on criminals." which may have been leveled against him for ac- Brown's second year in office, his active support So in December, only two months after signing tively supporting the determinate sentencing bill. for the passage of this legislation would be con- SB 42 into law, Brown formed a committee to To be sure, there are many questions which re- sidered one of his major accomplishments. Theo- write substantive changes that would toughen the main, not only about the effect ofSB 42 , but about retically at least, the blindfold on the lady of sentencing provisions and prevent any mass exo- the effectiveness of imprisonment in general. But justice had been replaced, and the offender, rich dus of dangerous felons from prison. And Brown for the moment, Californians are on stand-by in or poor, would now receive uniform treatment was not alone. During the months of January hopes that their new approach to crime will not when the judge imposed sentence. through April 1977, 21 different bills would be backfire and produce a rapid escalation in serious -- And then came War Eagle, an case that focused introduced to amend or repeal SB 42 before it was offenses. And at the same time, prisoners have a new light on certain sentencing features of tbe given an opportunity to work. new confidence and respect in the state's criminal new law. Opponents had maintained from the In the prisons, a volatile situation began to justice system that it will, in fact, bring justice to beginning that the new law was too soft on crim- brew over the possibility that SB 42 would be the rich and poor alike. Whatever the outcome, at inals. In their eyes, the War Eagle case proved sabotaged or sacriftced to increase Brown's least the state of California is rid of a 60-year-old them right. War Eagle was an ex-convict who had chances for re-election. Most of the prisoners had system that has failed badly. One hopes this new been paroled under the "Procunier" paroling already received "tentative release" dates com- approach will produce the success originally anti- policies. A few months after his release, he kid- puted under the provisions of SB 42, and these cipated when it was passed and signed into law napped a young woman and drove her to the out- proposed amendments to toughen the legislation last year. skirts of the desert. There he raped her several would add extra years of imprisonment for many.

continued from page 5 edy that is repulsive and may result emphatic instructions that will poig- more effective in some of the sensi- The first priority of the Founding in a jury selection that is constitu- nantly drive home to the potential tive areas. No voire dire will ever be Fathers was "to establish justice." tionally impermissible. juror his duties and obligations, and ideal. But the better ones display a Past and present, the press, too, Most criminal defense lawyers how they differ from those of the solid working arrangement between needs a fair trial . If the press believe that trial postponement, media. Once this is impressed upon trial counsel and the presiding considers this background they can while sometimes helpful, often chan- the venireman, we can rest easy judge. Two that will serve as fine write their own high standards with· ges the scene, not the substantive about pretrial publicity; the jurors examples are the voire dires in out interference from the Bar. If it is problems, though the coverage is will read the media's stories with People v. Speck and U.S. v. Ahmad. true to the principles of the Founding usually toned down. The inevitable perspective. Both involved intense, prolonged, Fathers, the needless and fractured result of Neb. Press Assn. is to force But that can't be the end. Chief and often inflammatory, publicity: ideology present here can be states like Nebraska, which do not Justice Burger spob of the necessity Speck, which was the murder of avoided . ulitilize Grand Juries, to hold preli- of a "searching voire dire" (427 U.S. eight nurses in Chicago, with the Nonetheless, if judges cannot be minary hearings in camera. That at 548). Veteran trial lawyers and venue changed to Peoria (probably a editors, then editors cannot be jud- may be bad but not for the reason judges agree this is the best method mistake); Ahmad is better known as ges. The trial judge is constitution- generally ascribed. Closed hearings of ferreting out both conscious and the trial of Father Berrigan, or as the ally charged with insuring a fair generate suspicion and eventually a unconscious bias. It is the duty of the media referred to it "the Kissing trial. Intense publicity places a high- loss of public confidence. There are counsel to probe for this prejudice so Kidnap Case" . er burden on the accused / so equal alternatives, but I want to stress two it at least can be minimized if not A searching voir dire necessarily protection demands that the judge items that have received little eliminated. The cases and jurisdic- takes time, weeks on end as a rule. It exercise full discretion to force the attention. tion that attempt to restrict or prohi- is a small price to pay for a Constitu- prosecutor to prove his case in the We might focus on the time when bit counsel from this task are deny- tional guarantee. Personally, I be- courtroom just as the non-publicized jurors are most vulnerable to outside ing the client the right to consel in a lieve the voir dire can often be an case. influence; from the time they receive most critical area. For it is counsel illuminating and educational exper- The trial judge in these cases can their initial summons for duty to the not the judge, who have been ｬｩｶｩｮｾ＠ ience/ and I would like to see the be very much alone in the pressure time they first meet the jury judge a with the case for weeks and months media present for all of it. But there chamber of emotionally inflamed juror's curiosity is high. As ｴｨｾｹ＠ on end. Only counsel know the are inevitable problems of prejudice trials . It is the duty of the organized report to the courthouse, they are intricacies of the case and what could feeding on itself through the media Bar to offer full support/ particularly nervous and uncertain in an environ- or might itnproperly affect the jury and the solution must be a voir dire in the many jurisdictions where ment usually strange and sometimes verdict. But if leading quest.ions are in chambers; otherwise an impartial judges are elected and the press in- intimidatil'l't. The air is rife with to be prohibited, as intimated in jury will be thing of the past. fluence is wide. rumor and speculation. In the small- Murphy v. Florida, (421 U.S. 794), The heavy burden of proof placed The recommendations being offer- er cities, the venireman can be quite then the voire dire cannot conceiva- upon the government in criminal ed in 1977/ are troublesome indeed. certain he is being called for the "big bly be searching. actions is perhaps our most unsung, They tend to place a greater burden trial" This is not to foreclose the trial yet most valuable protection. We will on the accused and seem to place too We can render a valuable service judge's function in questioning the chip away at it at our peril. much hope on sequestration, a rem- by concentrating on the clear and array. He can be not only helpful but by George F. Archer SEPTEMBER 6,1977

PAGE 13 Analysis

BATES IMPACT Van O'Steen, opened a law office in authorize or permit others to do so in Phoenix called the "Legal Clinic of his behalf." Bates and O'Steen" and inserted an The United States Supreme Court II For every attorney who overreaches advertisement in the Arizona Repub- reversed on the First Amendment lic. They conceded that the adver- issue, but agreed that the Arizona through advertising, there will be tisement violated Disciplinary Rule Supreme Court's adoption of the ad- 2-101(b) of the Code of Professional vertising rule was state action thousands of others who will be candid Responsibility which had been against which the Sherman Act was and honest and straight forward. " adopted as Rule 29(a) by the Su- not meant to apply. preme Court of Arizona: " A lawyer Justice Blackmun, who wrote the Justice Blackmun shall not publicize himself, or his opinions for the Court in both Vir- partner, or associate, or any other ginia Pharmacy and Bigelow, had Continued from page 1 lawyer affiliated with him or his firm , little trouble with the antitrust ques- Board of Pharmacy v. Virginia Citi- - as a lawyer through newspaper or tion , citing the state action exemp- The decision does not apply, J us- magazine advertisements, radio or zens Consumer Council, 425 U.S. tice Blackmun went on, to lawyers' tion announced in Parker v. Brown, 748, the Court declared that the First television announcements, display 317 U.S. 341 (1 943) , which involved a advertising that makes claims about advertisements in the ci ty or tele- Amendment was violated by a state the quality of legal services or to "in- suit against California state officials statute that prohibited pharmacists phone directories or other means of challenging a state program intend- person" solicitation of clients by commercial publicity, nor shall he from advertising the prices of pre- lawyers or their agents. Justice Continued on page 14 scription drugs. Blackmun also warned that the "spe- The decision is really an extension cial problems of advertising on the of Virginia Pharmacy to the legal electronic broadcast media will war- BATES profession and, according to Justice rant special consideration." Blackmun, Ｇｾｭｩｧｨｴ＠ be said to flow a The case began when two young fortiori from it." Arizona lawyers, John R. Bates and CALIFORNIA RESPONDS

The State Bar has decided to ask the California Supreme Court to con- ANTITRUST PROBLEMS LINGER sider and immediately adopt interim Rules of Professional Conduct which would ease restrictions on attorney advertising. DESPITE BA TES These interim rules were approved by a majority of the Bar' s Board of Antitrust problems proved to be a which minimum-fee schedules were Governors during its meeting here Friday and would remain in effect until phantom for the State Bar of Arizona struck down as price fixing . There further changes can be drafted and submitted to the court. in the recent lawyer-advertising de- was no question of a "state action" The Board acted at the urging of member Kurt Melchior of San Francis- co, who is chairperson of the Board Committee on Professional Responsi- cision, but that may not be the case exemption, for the Supreme Court of bility. for all bars whose regulatory or dis- Virginia had never endorsed the The proposed interim rules put the accent on truth, saying advertising ciplinary activities are challenged. drafting of minimum-fee schedules: is permitted only when : In Bates v. State Bar of Arizona, But, even where "state action" Both the information itself and the manner in which the information is john R. Bates and Van O'Steen seems to be involved, there may be presented or distributed ... " are not false, fraudulent, misleading, claimed that they were entitled to problems with procedures. In April a deceptive or unfair" and " are not likely to mislead or deceive, whether advertise their legal clinic because U.S. District Court ruled in Surety because in context they make only a partial disclosure of variables and the anti-ad rule they violated was Title Insurance Agency, Inc. v. Vir- relevant facts, or for other reasons ... " afoul of both the First Amendment ginia Bar that the issuance of opin- Prohibitions against direct solicitation would be continued and claims of and the Sherman Act. They were ions by the bar defining the unauth- orized practice of law was unlawful specialized practice or specialities would be limited to members of the Bay only partly right. The U.S. Supreme who are certified by the California Board of Legal Specialization. Court upheld their First Amendment and that, in the case at hand, a U.P.L. opinion defining real-estate Attorneys who do advertise would be required to keep available for one claim 5-4 but unanimously denied year a true copy of what was published. title searches as the practice of law any antitrust violation. The interim proposals are the first of a series which Melchior indicated violated the Sherman Act. I The high court said that the re- the committee intends to recommend about the manner and means of Although the opinions were born straint imposed by the Supreme attorney advertising which would be authorized. The changes were of a Supreme Court of Virginia com- Court of Arizona, an arm of the state, precipitated by an opinion on advertising issued in June by the United was "state action" and exempt from mand to the bar, they took effect States Supreme Court in an Arizona case. antitrust liability .under the 1943 without consideration or approval of Melchior stressed that " the proposed revisions are not the State Bar's the court, a procedure ruled faulty in Parkerv. Brown decision. final word on advertising. [The Committee) intends to go on and be much Surety. The decision is being ap- This line of reasoning happened to more specific, but right now we need something which can be used to curb be that endorsed by the Department pealed. individuals from grossly abusing the advertising medium so as to mislead of Justice in its amicus brief in But in a few states, rules regulat- the public." Bates, even though Justice has for ing lawyer conduct may not be the The Board discussion highlighted the fact that California attorneys are several years been involved in a result of a direct court order, as in confronted with an ambiguous situation in which , on the one hand, ex- program. of antitrust enforcement Arizona, but of bar action. As not isting rules prohibit attorney advertising and, on the other hand, the U.S. directed at what it sees as restraints only the substance of regulation but, Supreme Court decision in Bates ｾ Ｎ＠ State Bar of Arizona permits of trade in the commercial aspects of increasingly, the procedures are sub- advertising under undefined limitations. Melchior said the revisions are various professions. jected to antitrust scrutiny, such intended to fill that vacuum . One result of that effort is the suit practices may have to change. An earlier revision of the Rules of Professional Conduct, similar in large against the American Bar Associa- Joe Sims, deputy assistant attor- degree to the U.S. Supreme Court's Bates holding, was submitted to the tion, filed by the department in ney general in the Antitrust Division, California Supreme Court in August of last year. The Court didn't act on June, 1976. This complaint charges has indicated other areas in which them, pending the Bates decision . that the A.B.A., in recommending its Justice is interested, such as agree- The interim rules are intended to serve as a stopgap until the rules model Code of Professional Respon- ments between professions, defining proposed in August of 1976 can be brought into conformity with Bates . siblity rules restricting lawyer ｰｾｬｩﾭ the domain of each, and the possible Several Board members objected to approval of the temporary rules. city, engaged in a conspiracy to manipulation of bar exams or imposi- Fulton Haight (Los Angeles) said there was not a sufficient crisis to justify restrain competition among lawyers. tion of limitations on long-standing " rushing into temporary rules which only restrict personal solicitation and The complaint is not mooted by reciprocity agreements with other false and misleading advertising . Putting the genie back into the bottle Bates, since its focus is on an alleged jurisdictions to keep lawyer numbers will be an almost impossible task." Haight said that instead the Board private agreement, not state regula- down when the profession in a state Committee on Professional Responsibility shou ld develop ｾｯｭｰｬ･ｴ･＠ tion. is felt to be overcrowded. revisions covering all aspects of attorney advertising at all possible speed. But the form of state regulation, or © ABA 1977 its absence, could spawn antitrust difficulties for bar associations. J us- tice, in its brief, insisted that the Arizona rule did violate the "sub- stantive standards" of the antitrust laws and could not be challenged on Sherman Act grounds only because it was promulgated by the court. Courts are proving willing to agree that, without existing "state ac- tion," bars are out on a limb when they take actions that are found to be anticompetitive. One such instance was the Su- preme Court ruling in Goldfarb v. Virainia State Bar two years ago, in SEPTEMBER 6, 1m Analysis PAGE 14

First Amendment analysis from pre- not state action . In Cantor, he con- vices - "a matter we do not address today" - are not measurable and packaged prescription drugs." ADVERTISING tinued, the claim of antitrust was as- Legal services, he declared, "are serted against a private party, not verifiable and are "so likely to be misleading as to warrant restric- individualized with respect to con- Continued from page 13 the state, and that, while the tariff tent and quality and because the lay under which the electric utility dis- tion." "Similar objections," he con- ed to restrict competition among tinued, "might justify restraints on consumer of legal services usually tributed light bulbs to its customers does not know in advance the precise growers in order to maintain prices at no additional -cost had been ap- in-person solicitation." nature and scope of the services he in the raisin market. The Court held proved by a state agency, the dis- The majority recognized, Justice then that the state, " as sovereign, Blackmun wrote in conclusion, "that requires." tribution itself was not essential to Chief Justice Burger's dissent imposed the restraint as an act of the state's utility regulation efforts. many of the problems in defining the took the position that the Court was government which the Sherman Act He also pointed out that the state boundary between deceptive and assuming that lawyers will not ad- did not undertake to prohibit." agency only acquiesced in the anti- nondeceptive advertising remain to vertise "anything but 'routine' ser- Justice Blackmun conceded that competitive program, and did not be resolved, and we expect that the vices - which the Court totally fails Parker v. Brown had been held not order it . bar will have a special role to play in applicable in two recent cases that assuring that advertising by attor- to identify or define - or, if they do are similar - Goldfarb v. Virginia Justice Blackmun said that "false, neys flows both freely and cleanly." advertise, that the bar and the courts State Bar and Cantor v. Detroit Edi- deceptive, or misleading" advertis- Justice Powell pointed out in his will be able to protect the public from son Company, 428 U.S. 579 (1976), ing may be regulated, and added dissent that the prices advertised in those few practitioners who abuse that commercial speech does not but he distinguished them. In Gold- Virginia Pharmacy were for stand- their trust." have the leevvay for untruthful or farb, he pointed out, the county bar ardized, prepackaged drugs, and he minimum fee schedule and the state misleading expression that is al- disagreed with the majority that bar's opinions on profeSSional ethics lowed for noncommercial speech. He " routine" legal services are "essen- also mentioned that advertising were not the product of the Supreme tially no different for purposes of Court of Virginia, and so they were claims about the quality of ｾ･ｧ｡ｬ＠ ser-

Cut your listening time in half! you can readily understand, at notes without writer's cramp! Play- Listen to an hour playback speeds preViOUSly incom- ing back those notes at the most of recorded notes prehenSible. It's like haVing your convenient speed for transcrip- in 30 minutes or lessl own personal sound editor. tion. Zipping through pre-recorded You can vary the playback rate of refresher courses.in half the time! No chipmunksl ReViewing complicated legal ter- any recorded cassette tape up to If you've ever played a. recording at 250% faster, with Virtually no minology at speeds slow enough to faster than normal speed,you know assimilate. It's all posSible with the distortion. I magine all the time you that even Winston Churchill can can save. A6 Speech Controller. And it's a lot sound like a chipmunk, Variable easier t.o carry than "Williston's The ear is faster Speech ControlN virtually elimi- Contracts:' . nates the chipmunk effect! One than the mouth. easy-to-sl1de lever enables you to r------' The average persons speaking rate I Q Please send me the new A6 Speech speed up any message by 250%, or Cont.roller OQ.da.y money·back guar· is only 100 to 150 words per min- slow it down by 40% without the amee). PrlceS295, plus S5 posLage and ute. Based on recently completed handling. California residents add 6% usual distortion. saies taX. Send check, money order, , research, the average reading rate or complete Credit Card mformatlon. is 175 to 250 words per minute. Some day all o BankArnericard. , Now with a few minutes of effort cassette recorders o American Express o Master Charge, Interbank "'-- most people can listen faster than' will do it. Card Number ______they can read. (Listening speeds The A6 Speech Controller allows Expiration Oate ______of 300 W.PM. are not unusual.) you to choose your most conven- Signature ______"Speed listening" is now a realitlY ient l1stening speed. You can review o I enclose S 1. Please send me ademo utilizing Variable Speech Control:" a boring lecture 2-1/2 times faster cassette and more Information. than normal speed. Or slow speech '1'0 cIlscuss VSC's special applicatiOns, call our Markeung Dept. &(415) 001-1:fil. down by nearly half when you lis- Name ______ｩｮｾｃｾ＠ ten to foreign language tapes, Specialt.Y------that compress and technical data or transcription. In Address ______other words, a speed for every CIt.Y ____State __ ZiP __ expand soundwaves. occasion. After more than 15 years of research and development, VSC technol- Can law students VARIABLE ogy has reached a practical appli- SPEECH use the CONTROL.:- cation. Imagine, at high speeds the Department" A6 1 system takes apart soundwaves AS Speech Controller? 2088 Union Street San Francisco, Ca 94123 I eliminates excesses, then ｲ･ｳｴｯｲ･ｾ＠ Yes! Imagine reViewing a twcrhour ＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾ＠ the soundwaves. For slow speeds lecture in one hour! the reverse effect occurs. Result, 'I'ak1ng three hours of COPiOUS SEPTEMBER 6, 19n

PAGElS

BAR/BRIBarReview

Special early sig'n-up discount ... until Oct. 15 only! FOR $50 DOWN YOU RECEIVE: $50 tuition discount ... you pay $325 instead of regular $375 tuition BAR/BRI "PROFESSIONAL RESPONSIBILITY MANUAl:' (new 1977-1978 edition) Admission to P.R. Lecture and practice exam. FOR $150 DOWN YOU RECEIVE: All of the above PLUS a set of used outlines (current editions, as long as available) , SEE YOUR BAR/BRI REP FOR SPECIAL EARLY SIGN-UP APPLICATION IT'S A FACT: More students take BAR/BRI than all other bar review courses combined!

BAR REVIEW 5100 WII.hl,. BI .... Sulle '10, Loa Anoeleo. ｣｡ｾｦｯｲｮｩｯｉｏｏＳＧ＠ (213) 137,3'20 • 220 MeAl II .10. 51 ...1. Son F.. ncllCO. call to.nl o &4102 (. 15) '.1-6820 • 1323 Second Avenue, Son DIe9o. calltomlo 82101 (71.) 236-Oe23 Alumni/Development DEFINING DEVELOPMENT A Few Words From private funding, or about 15% of its Associate Dean of Development operating budget. Needless to say, Wally McGuire this is a minimal sum for a major law school . The Development Office is a rela- Endowed chairs, superior facilities tively new operation at Hastings and programs are special induce- College. As such, it seems appro- ments to attract and retain a quality priate to describe the purpose and faculty . Scholarships, as well as the function of the office in this, the first "little things" which generally en- Law News edition of the academic hance the quality of academic life at year. the College - extras beyond the While the Development Office en- bounds of state support - all require compasses many functions within its private funding . And in the case of normal role - public relations, alum- Hastings there is the additional and ni affairs, special events - its pri- massive task of building a 528 ; mary function is to raise funds for million Law Center, half of which the College. must be privately funded. For a state supported institution In the past, Hastings has always such as Hastings, this appears on the done the job with what state funds it Wally McGaIre, AlI80Clate DeaD, Development Ex_live DIrector, Law Ceater surface to be a secondary, or even had. The College had no endow- Fouaclatloa. unnecessary concern of the school. ments except its original one in 1878. alumni, the faculty and other indivi- dents - is our best message. In the As an affiliate of the University of Never in its hundred year history has duals associated with the school coming year, as our campaign pro- California, Hastings only receives it initiated a formal annual funding (parents), and even persons with no gresses, the Development Office will financial assistance, not total sup- campaign. Hastings is essentially in direct connection with Hastings but call for your help - I look forward to port, from the state. In higher the stone age of fundraising. If who are concerned with the future of your moral and tangible support. education today, it has become ob- Hastings is to improve and enhance higher educaiton, the legal profes- In its first 100 years, Hastings has vious that private funds spell the the quality legal education it pro- sion, or San Francisco. survived and even propsered on crucial difference between "good" vides, we must actively solicit major Our approach will vary accord- state support; what few private gifts and" excellent." gifts from private sources. The ulti- ingly. But whether we direct our it received were, in a sense, some- At Berkeley, for example, over 50 mate success of such an effort will appeal to an alumni's pride of Hast- thing extra. Hastings has reached percent of the operating budget depend on large part upon the pride ings, or to the public's concern for a the point in its development where comes from gifts, endowment in- and dedication of its students, facul- reliable source of well-trained, con- private funds are imperative to as- come, grants, contracts, and auxili- ty, and administration. scientious attorneys, strong and vis- sure its continuing excellence in ary enterprises - all sources outside There are many sources of private ible support from those now at Hast- legal education. Now, private funds state support. Last year, Hastings support we will approach - founda- ings - faculty and especially stu- are gifts of necessity. received approximately 5900,000 of tions, law firms and corporations, LAW CENTER NEWS STATE BAR ACTIVITIES PLANNED [Editor's Note: This column will yet to be developed. It is hoped that Announcements have been mailed with the details of the Hastings' appear on a regular basis to keep all this facility will house academic and State Bar Activities, but in case you have not received one or if you have those in the Hastings Community in- community law-related programs forgotten to send in your reservation, here are the details again. formed of progress on the l4lw and activities to enrich not only the Center project] students' educational experience, Hastings Headquarters Sheraton Harbor Island Hotel but assist the broader public and Hospitality Suite Sunday, Sept. 25, 4:00-6:00 p.m. PROJECT DESCRIPTION private sectors. Monday, Sept. 268:00-10:00 a.m. In concept, the Hastings law Task forces composed of Hastings 4:00-6:00 p.m. Center as currently proposed will be College faculty, students and alumni Tuesday, Sept. 278:00-10:00 a.m. a multifaceted urban facility pro- and San Francisco community repre- 2:00-7:00 p.m. viding exceptional educational op- sentatives will suggest what pro- Monday, Sept. 26, 7:30 p.m. portunities for Hastings students. It grams and services will ultimately be Tuesday, Sept. 27, 11:30-2:00p.m. would also make available legal ser- housed in the legal Affairs Facility. vices and programs which respond to A representative sampling of sug- 1066 Dinner [Open To All] Monday, Sept. 26, 7:30 p.m. the needs of the general public, gestions to date include a full-service Alumni Luncheon Tuesday, Sept. 27, 11:30-2:00 p.m. developing in the process an un- community legal assistance pro- Details of the 1066 function will be sent to all members and San Diego paralleled resource center for the gram, a child care center, a Tax In- area alumni. All other alumni and friends of Hastings are cordially invited legal community. stitute, legal research and student to attend; check the box on the luncheon coupon and an invitation will be Most significant, and of imme- clinical programs, an advanced legal sent to you. diate concern, the new facilities will degree program. This list is neither alleviate the critical problem of definitive or exhaustive, but it does CLASS OF 1957 REUNION crowding at the College. The Col- suggest the Center's community lege's existing physical structure orientation and practical emphasis. In addition to the traditional alumni activities held in conjunction with lacks sufficient space for the number By consolidating Hastings' legal the California State Bar Convention, the Class of 1957 has scheduled its of people and programs it must ac- resources (library, faculty and stu- 20th Year Reunion during Convention Week in San Diego. Horace Coil commodate. dents) with specialized community and Ed Wright are heading a committee which has planned cocktails and Development of this major project service programs, greater effective- dinner at the Reuben E. Lee Restaurant. If you have not yet made your presents Hastings with the oppor- ness in the delivery of legal services reservation, contact the Alumni Office at (415) 557-3571 soon so you do not tunity to be more than a great law may be achieved. In addition, miss this opportunity to get together and compare notes with your class- school- but in addition a great law through this legal Affairs Facility, mates. center. students would be provided excellent The architectural firm of Skid- preprofessional work experience. Hastings College of the Law Annual Alumni Luncheon more, Owings and Merrill will de- The Legal Affairs Facility thus repre- Sheraton Harbor Island Hotel, Cuyamaca Room, San Diego sign the facility to be located in por- sents Hastings' unique opportunity Tuesday, September 27,1977 11:30 a.m. tions of the block adjacent to the to simultaneously fulfill commit- present faci Iity . ments to quality legal education and Enclosed is my check in the amount of S for The law Center project is staged: to increased community service. luncheons [$8.25 per person]. ---- Stage I to consist of an Academic The College has launched a $15 Facility and Stage II, the construc- million fund drive to secure financial tion of a Community legal Affairs support for the project. The State of Facility. 50-70% of the Academic California has indicated its support Name Class Facility will be devoted to a new for most of the funding needed for ---- library large enough to hold 300,000 the Academic Facility; construction volumes and with study space to ac- of the legal Affairs Facility depends Address commodate 65% of Hastings' stu- on private funds. The majority of the ------dents. The remainder will be utilized financing for the law Center must be for faculty offices, and student ser- sought in voluntary gifts from alum- Zip _____ vices such as job placement, finan- ni, parents, faculty, business and cial aid, and housing. The existing civic leaders, foundations and building will be retained and used corporations. o Please send me an invitation to the 1066 Dinner for classrooms and instructional Construction of the Academic Fa- Make checks payable to: Hastings Alumni Association support. cility could begin the first of the 305 Golden Gate Ave., Rom 231 Specific programs and design for year. The Community legal Affairs San Francisco, CA 94102 Stage II of the project, the Com- Facility won't be built for at least (415) 557-3571 munity legal Affairs Facility, have another two years.