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

Hastings Law News UC Hastings Archives and History

8-31-1989 Hastings Law News Vol.23 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.23 No.1" (1989). Hastings Law News. Book 168. http://repository.uchastings.edu/hln/168

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]. g Law News

31,1989 Volume 23, Number 1 the Hastings to Shelter Homeless 'nIeagreement seems to mark KGO Building owned by the By Christina A. Dalton gisiation ec.rEDmla a new sensitivity to community school at 227 Golden Gatc Ave- needs on the pan of Hastings, nue. While sources confarm Ihat ID III August 28 memo 10 stu- whose relations under past ad- Mayor Agnos approached the ward dents, faculty and staff, Dean ministrations with neighborhood school originally Ibout using the Read's office IIIIIIOUDCed that the activists and city planners have building as an interim sheller, the been uneasy at best. arrangement will be fonnally eft'orts of a top aide. law school and Mayor Art Ag- Sialed to become offICial by a adopted as a gift offered by The qisJarion would expand DOl' oft'ic:e are formalizing nego- resolution of the city's Board of Hastings 10 the city UDder a 1aD- Ibe&o.d from 1110 12memben tiaIionIlOllllkeaHastinpowned Supervisors, the arrangement porary license as=menL 10 include a IIIUdent dncta' .. Tenderloin building available as esaablishesacombincd shellCrand The pannership between poimecI by the Oovemor from a a ranponll')' shelru for the city's 24-hour walk-in facility at the セ@ ..,.,.II list of 4 _ldec:ted by a vote bomeIess population this year. of abe IIUdcnt body during its IIJI'iD& elec1ions. The SlUdent wouIcIlel'YelSafuil votina diJa:. aorfer aone-year lenD beaiJminI lime 1 oflbe,.. in whicb he or ... was_led. r.-. Millo SenIle Educa· doll CommiIIee 10 testify in sap- portollhe IeCiaIalion were Phyl· Us Bunb.JIraidenloflbeAsloci- _ S1aIIeaIsollflldnp(ASH), ..__ BaUIIIIine. Editor·in· I,.".". I.- . ". ".",.,. .... edhoriIlIy iZセiAセセ@ IIIPPCJdId .... 'MIIbd fer Ibe ordle "'1tM. SpeIIdna an bebIJf' oClbe 1Cu- cIeIlbody.BunbAJIIUDlIl saong IIIRJCIIlferlbebilllO ...... lIIIIleBi*ive aides. TlleideaorllaviD& VOIina SIUdenl JII1I1&:1pIlion 011 Il1o BoInI has _1liiie diIaaed by ASH fer yellS, IDd the ASH iiiiセZi]]セ@ w。ュケセ@ III ... pendias.. legislllion II its I'IIDro aT JCIIII< セ@ ..... tbiI week. Bursh 111- C"..1UIIq COllUm whlS Olll ovt, security worries as Hastillgs optns its doon 10 tilt

TbeIe WIS no publicly 111- .....Ia •. ___ opposition 10 Ibe Iegis- IIdoa. bowew:r repesenlalives .... tile HlSliapadmiaislralioll Hastings Board May Be Illegal phIIeIy ..... concerDI wbicb Channell Confirmation Withheld ...,...... ,+QUIIt 10 opposi- doa to Ibe...,...... The LegisialiveCounsel opin- Board positions from 8to II. and TbeIe is .., ...... CoIIeF B J8IMS P. Ballantine ゥッョキ。ウセ「ケs・ョ。エッイnゥ」ォ@ was pan of an auempllO submit EDma-lN-OllllF paIicJ __.... k.1fUIiDp Paris. D-OakIand, a member of the Board to more public IC- III • develop- ft..t T. ReId 11M __ _ishina the Senate RulesCommiuee. who counlability.1beBoardamendcd ..... GcMnor セiGs@ ___ heis ...... - iodiatrd Iballhc: Senate should its bylaws to conform with the ..Ibe&o.d .... ,. .. 1IJPOiN"'" of JasIice William delay c:onfimWion of appoint- 1980 Iegislalion and provided for (lwwDtodleHMlillp&o.dof it. Ho .... IIaIIiItp IDCIIIS to die Hastings &o.d until Board r21if1C8lion of new man- _Gel.... CoIIuel DiIec:IDa was deaiIed" week die issue could be セカ・、N@ bers select.ed duough the new .. die s.. RaIea ConunilSae The opinioa alleges tha 1980 appoinlmelll process. セ。ャN」Fゥエャャャゥセoオii、@ Since the passage of the 1980 Jecishejop JOVUIIinI Ihc: SIruC- ...dIIIlhe ...... bywbiclt lin of die ao..d is unconstilU- legislation. the new ICIecIion ...1IIIPOi ...... 1Ie IDIIIe is IioaIL T'bII JesisIIlion changed process has been followcd9time1. ..,.-_ .. .. 50 that 9 members bave been Ibe IbeD ex.- aeIC-papctI.. ing aセ@ jIISt prior to a ao.dwbich fiIkd ilsown vacan- appoin&ed by the Governor and (ji ...... _ dleClOllfir- cies to a BoenI ill which VICIII- confumed by the SenaIe. .... セ@ QwnneII, die opiaioa SenaIor Pettis requesrcd the cies lie fiIkd by the Govemdr e&ecIitcI, ,..0 :l1·s .. widt die COIIICDl of a majority of LqisIaliveCounseI opinion after p"' 1 r II • bold .. a cIeSer- Ibe SallIe. The 1980 lqisilljoo beIwing repealed allegations of .iMH. die ill IepIily c:.a be ... aIIo iDCIeaed Ihc: number of C"",;""M _ rllp II Page 2 Hastings Law News August3}, 1989 Weisberg Controversy Settled New and Improved First-

By Christina A. Dalton corder, described the settlement An August 5 news article by August 21 as one calling for Year Class at Hastings COpy EDITOR Jack Viets in the San Francisco Weisberg to "write and research Chronicle was also sympathetic ate schools are represented. A settlement has been reached for the college while at her Santa to Weisberg, noting that it would By Betsy Johnsen PRODUCTION EDITOR Maintaining the usual even split in a 9-month dispute between Cruz home" at full salary. be "a long day for a baby'" if the Hastings and tenured Professor The resolution came close on in the student body,49% are fe- professor were forced to com- The composition of Hastings ' D. Kelly Weisberg over the the heels of media reports sharpl y mute to Hastings with the infant male. The average age of the school's maternity leave policy. criticizing Hastings' refusal to Class of 1992 may augur big class is 25, with a range of 47 to during the semester she had re- changes in the future profile of Weisberg has declined to make a grant Weisberg leave during the quested off. 20, both of these consistent with the average Hastings student. The previous years. statement on the matter, stating semester requested by her, and In a 35-page document dated new entering class numbers 409 How high can the median that the terms of the settlement also followed a - memorandum June 15, the school's Faculty lLs culled from a pool of 5,126 LSAT go? How competitive will bar both parties from comment- from the school's Faculty Execu- Executive Committee held that applicants - a rise ofl8% in the admission to Hastings become? ing on the litigation. Dean Frank tive Committee "strongly" urg- Weisberg was probably not man- T. Read has also refused to com- ing that Dean Read interpret per- number of applicants for a class Will Hastings continue to attract datorily entitled to the leave pe- 28% smaller than last year's class ment, noting only that the agree- sonnel policies liberally in gen- riod of her choice under the per- and admit a wide range of stu- ment gives Weisberg full-time eral and in Weisberg's case. of 565. This tight selection proc- dents? Tune in next year for the sonnel rule at issue in the case. ess led to an extraordinary rise in status but is tailored to allow her Headlined "Law School Takes However, the opinion went on to Class of 1993. to meet maternal obligations. Leave of its Senses," an August 4 the median LSAT score for a observe that the law school dean Hastings class, from last year's ''I'm delighted that the matter column by Jim Trotter in the San MR. CLEAN has wide discretion in applying 39 to a new median of 42 (94th has been resolved," Read told the Jose Mercury News found irony faculty rules and to "strongly (AIRLINE CLEANERS) Law News. "I think the resolu- in the spectacle of an internation- percentile). (Strangely enough, urge" that Dean REad be liberal the jump in LSAT scores was not PROFESSIONAL ONE· STOP CLEANERS tion has been satisfactory both to ally known family law professor in Weisberg's case. DRY CLEANING'" EXPERT ALTERATIONS accompanied by a corresponding FINIISHED laundryG セ@ WASH"N' FOLD Professor Weisberg and the like Weisberg bringing a formal Flatly rejecting as "errone- rise in undergraduate G.P.A.s for 116 Hrde Sl (near Golden G ••) n s.1656 school. Hastings is anxious to grievance against her employers ous" a November, 1988 memo to have appropriate personnel poli- for maternity leave. On the al- the new class, which actually went the school Deans by General down a little, from 3.50 to 3.40.) cies in all areas, including mater- leged refusal by school adminis- Counsel AngeleKhachadour fmd- nity policies, to enable faculty to trators to communicate with him Besides having high scores, ing "no legitimate basis" for Weis- the new group stands out for its engage in quality research and regarding the dispute, Trotter berg's leave request, the faculty teaching." wrote, "If this is what they're diversity . . A full 25% of the new opinion recommends that the class are minorities, slightly Notwithstandingtheconfiden- teaching at Hastings School of administration explore "informal" tiality restrictions placed on the Law, the fewer California tax- higher than previous years. Non- channels in dealing with future residents make up 21 % of the parties by the agreement, San payers who know about it, the disputes. Francisco's legal daily, the Re- group, and in all 134 undergradu- better." Continued on Page 11

become a member of the If We Helped You Hastings Get In, You Know Law News We Can Help You staff Get Through... The Law News needs staff writers, photographers, cartoonists, production .and computer layout specialists, COIUffIDISts, advertising assistants, and an office With Distinction. manager. Editorial positions are available to newcomers as well. We invite all interested Hastings students to attend a reception in the (415) 546-4100 • 50 First Street. San Francisco

Harold S. Dobbs Atrium (formerly the Piano Lounge) -SMH Thursday, September 7, 1989 BAR REVIEW SERVICES 4:00 p.m.-6:00 p.m. Take Kaplan Or Take Your Chances Have you your Free Contract from BAR/BRI

If n t top by the BAR/BRI table, ARtBRI campus representative II h local BARtBRI office listed below. ptIf""" Improve your law school grades and AVE $200 nroll with California BAR/BRI now!

1407 First Avenue San Diego, California 92101 (619) 236-0623 Page 4 Hastings Law News August 31, 1989 FEATURES Notes From a Cal. Rptr. The BoDEANS: Welcome Back To School, Fool Roots, Rock, Rural By James T. Schmid off the first morning, but you've jeans and anything else that your FEATIJRES EDITOR got to admit that a lot of other mother thought looked good on things have changed. The biggest you. Now you spend agonizing Coming back to school in the By Tracy Thomas writing partner, Sammy Llanas. difference, of course, is that law hours on your own in Clothestime fall is a familiar feeling to most school sucks. But that's not the or the Men's Wearhouse, looking STAFF WRITER The single "You Don't Get Much" showcases this effect perfectly, law students. There's excitement only difference. for a new OCI suit that sends just In the interests of thematic as Llanas' scratchy pleas send and uncertainty in the air, and One change from your forma- the right message-"Give me a symmetry, we begin our year of shivers up and down your spine. butterflies in your stomach. You tive years is what the professors job, asshole." legal study with a few words on Unfortunately, Home also has feel the same kind of giddy antici- tell you on the flTst day of class. Something else that Hastings recent offerings in that closely- certain lowlights. The compact pation that comes just before vis- They taIk about what they 're going lacks is a good, old-fashioned related discipline - thrash, flash, disc version contains fifteen iting your dentist or voluntarily to cover in the course, when Homecoming Week. What this and rock and roll trash: (count 'em) cuts, and it's all too committing yourself to an insane they're going to have a syllabus school needs is a big football BoDEANS: Home clear that a few are just "filler." It asylum. At these times, you real- ready, and other agreeable topics. game, some spirit rallies, and an The BoDEANS write songs is this schizophrenia between ize that the coming year is full of But unlike all your grade school, opening assem bl y where a bunch that John Cougar only wishes he brilliance and listlessness that promise and potential, and "your junior high and high school teach- of students do lame lip synch could write. They play their dis- prevents Home from being a truly life is like an open book." Just be ers, they never threaten you. How routines a la "Puttin' On the Hits." tinctive brand of rural and rootsy impressive disc. . sure you've skimmed through at do they expect to gain your re- We could select a Homecoming rock and roll with such energy, Concrete Blonde: Free least part of it before the end of spect over the year, and convince King and Queen (based on class drive, and wide-eyed innocence Grungy guitar licks and some the semester. you to show up for their class, rank, of course), and have a prom that your flTst reaction is, "Boy, of the most overwhelming bass When you drag yourself back without really putting the fear in where it' s actually OK to show up these guys must be sweet in a lines since Golden Earring are to school this fall, it will beat least you right from the start? Myoid sloppy drunk, because we're all crowded bar." Theyare. At the what the L.A. band Concrete the 17th yearyou'vegonethrough teachers would never have let such old enough now. same time, their music is so tight Blonde is all about. At its best, the experience, if you're the aver- an opportunity pass without ei- Of course, ultimately, going age student. (Yeah, yeah, I know, ther displaying some kind of back to school is never going to be if you 're going to Hastings you're weapon (metal yardstick, atten- the same. Because with law not average, you're an exceptional dance book) or at least uttering school, nobody is making you student, but keep your class rank that time-honored cliche-'This show up. And that's the worst to yourself.) If you feel a little year I can be the nicest person you part about it; knowing that it's nostalgic when you catch your ever knew, or I can make your life only your own warped ambition flTst whiff of fresh notebook pa- in this class a living hell. It's all up and poor sense of priorities that per, or bounce your first check at to you ... " keeps you from bagging on the the bookstore, it's understandable. Hastings also has unique back entire scene and spending the rest But coming back to school at to school rituals. It used to be that of your life lying on the couch and Hastings Isn;t quite the same as back to school shopping consisted watching daytime television. the old days. Oh sure, you cried of a run through the mall to pick It's not too late. when your mother dropped you up some new sneakers, a pair of Fiction The Young and the Marketable: Part One By Ray "Ipsa" Loquitir silver spoon in his mouth; he had the finest prep schools, and the the rest of the place setting STAFF WRITER proud possessor of a double ma- crammed in there as well. His jor in business and pre-law from Bart Gordon III had a satisfied father was the senior partner in a Stanford University, Bart had air about him as he settled into his and the lyrics so well-crafted that the Blonde's style is that of an firm that specialized in keeping developed the kind of keen and seaton the flTst day of Contracts. the BoDEANS sound just fine on intelligent metal band with a de- many of the biggest movers and ruthless instincts that he knew Most of the other students were the living room stereo. This formed social conscience, trying shakers in American business out would serve him well in law uneasy about the prospect oftak- Minneapolis-based foursome to play everything a bit too fast A of the clutches of the people re- school. ing what was reputedly the tough- plays songs infused with an elu- strange combination, I know, but sponsible for enforcing antitrust While the professor began an est and most "Iaw-schoolish" of sive quality that almost defines it works. and securities laws. He had put awkward discussion of "Why law school classes; a pervasive the Midwest: a fusion of For example, the pro-gun- Should We Enforce Contracts"- paranoia undoubtedly exacer- .. Ban was not only born Budweiser and denim jackets, control single "God is a Bullet" is a question Bart never thought of bated by the fact that all of them recorded in cornfield, and mixed a particularly tasty piece of sub- with a silver spoon in his as needing an answer-he had read One L over the summer in someone's brother's mobile versive rock and roll. The band mouth; he had the rest of scanned the rest of the class. The and taken it far too seriously. But home. grinds away happily while lead the place setting crammed competition did not look too the smirk on Bart's face betrayed The highlights of Home, their singer Johnette Napothana rips tough. There were a few liberal, not a hint of nervousness, as he in there as well. third album, are on a level with out lyrics like this gem: "They're English major types; a handful of opened his expensive, leather- older men and women still in anything released this summer. gonna call me Sirffhey 'II all stop his stamp on young Bart early on, bound notebook, looked up at the search of a career; some geeks in Efforts like "Beautiful Rain" picking on me/Well I'm a high by forcing him to play Monopoly professor, and thought Let's get the front row taking down every (written during last July's devas- school grad!I'm over five foot with real money, and then merci- down 10 business. word that was uttered- tatingdrought), "World's Away," three/I'll get a gun and a badge lessly stripping him of his allow- Bart's self-assurance was not Suddenly, there she was. The and "Hand in Hand," are all ex- and I'll join the P.D.(fhey'lI ance until the boy would leave the surprising to himself or anyone most beautiful woman Bart had cellent, as is the ballad "Far Far see .. ," game crying. Bart had learned to who knew him, because he had ever seen. Long dark hair, flash- Away From my Heart." The Concrete Blonde is not the sort read checking his stocks in the been trained for this moment his ing black eyes, finely-chiseled BoDEANS featureauniqueinter- of band you take home to meet Wall Street Journal, and had entire life. The only child of a features, ivory skin and a figure play between the smooth vocals your mother, but it's definitely learned to write signing trust wealthy Los Angeles family with that left Bart drooling onto his of and the charged the kind you want honking the account checks. A staunch Re- connections to the Eastern elite, class notes. She was perfect, a delivery of his vocal and song- publican from birth, a graduate of Continued on Page 8 Bart was not only born with a Continued on Pagti 9 ETHERIGHT VE RIGHT NOW! AN PASS THE BAR THE FIRST TIME .--a_r James K. Herbert, the founding father of California Bar Review, has three decades of expenence preparing tens of thousands of successful candidates. B l\SSERS California course includes: w tantive Outlines for all of the Bar Subjects tested on the California Bar Exam. 60 hours of lectures taught by our California Bar Exam experts. nsibly paced program structured exclusively for the California Bar Exam . •·;: ISIIlIY·WmID.g Wo hop 20 hOurs of in -class instruction, reviewing 40 actual California Bar Exam fllA!UW questions. ()y, 20 Essay Assignments graded by California Attorneys. ery actual California Bar Exam essay question from 1980 -1989, with model answers.

セnNop@ 25 hours in class, and over 3,000 Practice Questions. er 20 hours of multistate seminars on practice and technique. 3,(XX) simulated questions covering the latest question patterns. or hop 30 ho of orkshops, teaching all performance test approaches, strategies tecnru· qu , including actual performance tests from 1983 - 1989.

OKfHER CALIFOR IA 138 McAllister Street San Francisco, CA 94102 (415) 626-2900 Page 6 Hastings Law News August 31,1989 OPINION

En Banc Periscope Time is Now For Student Director Consecration of the flag: The 27th Amendment? By Philip F. Sineo first, because he brings auention tional, several Southern States to the Supreme Court's role as reacted with hostility and refused The 1989 legislative session may go down as a water- OPINIONS EDITOR interpreter of the Constitution, and to desegregate their schools. This shed for the student body of Hastings College of the Law. The Supreme Court recently secondly, because the court must tension reached a climax when it A bill is pending in the California Assembly which would held that the burning of an Ameri- sometimes make unpopular or became necess3ry for President place a student director on the Hastings Board as a full can flag as an act of political "distasteful" decisions in order to Eisenhower to order the National voting member. The Law News played a role in its protest is protected expression protect the freedoms and values Guard into Little Rock, Arkansas set forth in the Constitution. to carry out the Supreme Court's introduction and support. under the First Amendment. President Bush responded to this The Fourteenth Amendment ruling. Although Eisenhower's We calion the Board of Directors and Administration decision by proposing a Constitu- states "No State shall make or response was drastic, few today of Hastings to support fully and without qualification the tional amendment prohibiting enforce any law which shall would question the wisdom of his passage of this legislation during the current legislative desecration of the flag. In the abridge the privileges or immuni- decision. session which ends September 15. We further call on the light of the history of the Supreme ties ofcitizens of the United States. In the light of Eisenhower's ..." The Supreme Court has backing of an "unpopular" Su- California Legislature to enact this legislation. Court and its role in our govern- ment, Bush's suggestion was enforced this provision by review- preme Court decision, how ap- Speaker Willie Brown and Assemblyman Rusty Areias inappropriate and potentially ing the acts of State legislatures propriate was Bush's response to and their respective staffs, have been dedicted supporters dangerous. and holdings of State courts. Texas v. Johnson? Will Bush of Hastings students and the right for students to playa Justice William Brennan, Frequently, when the Court over- propose Constitutional amend- role in the govenance of their own educational institution. writing for the majority in Texas rules a State legislative actor State ments whenever he personally court holding, the decision is disagrees with the Court's deci- We reject suggestions that the legislation be stated in v. Johnson, stated, "We do not consecrate the flag by punishing unpopUlar. Nevertheless, the sions? permissive language giving the Board the option to have its desecration, for in doing so we affected State government must Bush could have made his a student director if they decide to amend their by-laws to dilute the freedom that this cher- fall in line behind the Court's point without setting a dangerous so provide. While we believethat current Board mem- ished emblem represents." This ruling. precedent. He could have stated bers would in fact make good on any promise to do this, eloquent statement summarizes a For example, when the Court his personal disappointment and held, in Brown v. The Board of left it at that. This might not have the current and all future Boards would have the ability to holding. which expands protected expression of ideas under the First Education, that the doctrine of been strong enough to arouse eliminate the student position upon a vote to do so. Such Amendment. "separate, but equal" was inher- popular support and improve his a situation would impose undue political pressure on the The majority in this decision ently unequal and unconstitu- Continued on Page 10 student director, and do the College and its students a consisted of a surprising alliance disservice. What is needed is a binding statutory guaran- of liberals and conservatives tee that there will be a student director no matter what. Brennan was joined by liberal Letter to the Editor Justices Harry Blackmun and On another front, use by some administrators of a past Thurgood Marshall, as well as by AS 1..- Support for Student Director legislative counsel's opinion regarding the possible un- conservative Justices Anthony Dear Editor, constitutionality of previous legislation on the structure Kennedy and Antonin Scalia. The The Associated Students of Hastings strongly supportestablish- line-up is significant because it of the Board of Directors as an excuse to stall the current ing a student memberon the Hastings Board of Directors. Students illustrates that this case was not legislation is unfair and complicates the real issue. The should have a voice in the governing of Hastings. Hastings' subject to the usual liberal-con- primary purpose is the education of students. Therefore, it is real issue is student participation on the College's Board servative battle lines. reasonable and practical for students to have a voice in that of Directors now, in clear statutory language paralleling Kennedy filed a short, but decision-making. the rest of the statutory language governing the Board. insightful concurring opinion A student member on the Board has been a major priority of which reflects consensus between Ifchanges are made to the statutes governing the Board ASH for the past four years. It has been a campaign issue and a topic the left and right on this issue, or after discussion between various legislators and other of- consistently raised by ASH to the Board of Directors. This past perhaps more accuratel y, the lack spring, ASH authorized last year's President to explore all avenues ficials, let them all be made together. But let's give the of a left-right controversy. Ken- available to achieve the goal of a having a student member on the student director the same status as that of all other direc- nedy stated, "We cannot here ask Board. At the first ASH meeting this year, ASH unanimously en- tors. That means making it a statutory mandate, not a another branch to share responsi- dorsed the continued pursuit of a student Board member. bility ... [f]or we are presented permissive suggestion. We are grateful for the support that the students have received with a clear and simple statute to Hastings students should to have a right to self-govern- on this issue from many individuals, and weapplaud the continuing be judged against a pure com- and past efforts of S tate Assem blyman Rusty Areias, House S pcaker ment by participating on the ultimate policy-making body mand of the Constitution ....The Willie Brown and his office, James Ballantine, Matthew Davis, of the College. Every other student enrolled in a state in- hard fact is that sometimes we Leora Goren, Ellen Schned, and Steve Elie. stitution of higher education in California (the U ni versi ty must make decisions we do not like. We make them because they Phyllis Bursh of California, the California State University and College セセセセセセセセセセセセセセセセセaセsセhセーセイセ・ウセゥセ、・セョセエセセ@ system, and the Community College system) has this are right, right in the sense that the law and the Constitution, as we r. right. Hastings students should haveit as well. see them, compel the result. And Speaker Brown (then an Assemblyman) first intro- so great is our commitment to the Letters to the Editor duced the idea of a student director into the oセャゥヲッイョゥ。@ process that, except in the rare legislature in 1976. After 13 years of suggestions, de- case, we do not pause to express Letters are accepted from anyone but must be typed or legibly distaste for the result, . .. [t]his is handwriuen double-spaced. Letters should be clearly marked as mands by students, and the recent hard efforts of ASH one of those rare cases. It is such and must bear the writer's signature, name, and telephone President Phyllis Bursh, it is time to act on this democratic poignant but fundamental that the number. Frequent or lengthy contributors will be limited to ensure idea. flag protects those who hold it in that a forum is available to everyone. We cannot print letters We calion the Board to demonstrate its responsi veness contempt." Kennedy's remarks without signatures, but names will be withheld upon request if the to student concerns by supporting this effort. are significant for two reasons: circumstances warrant such action. Letters do not represent the opinion of the Law News, its staff, or Hastings College of the Law. August 3] .1989 Hastings Law News Page 7

Rehnquist Court: Rebels With a Cause, But Without a Leader

by such great precursors as John pressed their differences only desecration - of flags. monu- sensus. the jusuces riPped the By Prof. Louis Schwartz Marshall and Earl Warren. worsened the sense of fissure. menlS. anthems. or political emi- robes from each other. poured SPE<.1AL TO TI-IE LA w NEWS Take the decisions at the end The decline of the court tS nences that might be burned in gasoline on the flames of a na- [Editors note: The following of the most reccntterm: In June viSible in the readiness of PresI- effigy. tional pollucal controversy (the article was first published in The holocaust, the court circumscribed dent Bush to castigaLe the flag- Rehnquist's dissent opened Dred SCOll deciSIOn comes fright· Recorder on August 7. 1989J protection of civil liberties in burning decision. even though it with one of Jusuce Oliver Wen· eningly to mind). needlessly con- employment discrimination, de- was supported by conservatives dell Holmes' more opaque apho- tributed to a wide-spread of the The trouble with the Rehnquist fendanlS' righlS, speech, and Antonin Scalia and Anthony risms: "Apageofhlstoryiswonh instability of constitutional pro- court is not so much ilS predict- church and stale matters; fudged Kennedy. In fact. in Texas v. a volume of logic." The chief tcctions. and laid the basis for able tilt to the right as ilS instilU- scrupulous standards for impos- Johnson. 57 U .S.L.W. 4770 (J une jusllce then flipped the pages of decades of litigation and political tionaldefeclS: a failure to achieve ing capiLal punishment; and 21). thedisinLegration of the court history to make the point that for dISruption In the states. consensus on biller national con- abridged women's freedom to is glaring. 200 years the flag has been re- And for what? Is itnotevident troversies and a penchant on the choose abortion. Most striking Justice William Brennan Jr.'s vered - an undisputed truism. that the most that can be expected part of the justices for nastily among the casualties was an un- majority opinion held that Texas' He spread on the pages of the U.S. by the opponenlS of Roe v. Wade. discrediting their ideological inLended victim: the court ilSelf criminal flag desecration statute Reports verse after verse of "The 410U.S.II3(1973).isachecker- ッーーッョ・ョャセN@ Consequently. the as authori tati ve interpreter of our could not. consisLent with the First Star-Spangled Banner" and John board country whereaboruon will court's prestige suffers. p。セウゥッョᆳ Constitution and laws. Amendment. be applied to a per- Greenleaf Whittier's "Barbara be legal and encouraged 10 some ate political conflicts are exacer- son who burned the U.S. flag as Frietchie." ("Shoot, if you must. states and illegal alld penalized in baled and prolonged. Justices do Rehnquist's dissent was a partofapolitical proLesl. Affmn- thIS old gray head. but spare your others? Prohibited in "public" not lay to rest constitutional is- ing a judgment of the Texas state country's flag." she said.") he hospitals but available from pri- sues - they just argue. professional and institu- courts. Brennan rejected the al- trotted out the flag-raising at I wo vatecllnics. volunteer physicians. But the country doesn't need tional disaster. leged stale intereslS in preventing Jlma. and life-threatening black-market additional champions of debaLe. breach of the peace and protect- I t was a deplorable exercise in sources? Even some of us with It needs statesmen-judges who The court's credibility was ing national symbols. Nothing demagoguery. suggesting that qualms about abortion would not work to forge and maintain a undermined by thefaet that nearly indieated that a breach of the peace those who disagree are not patri- take long to opt for a clear settled national ethic. The Wall Street two-thirds of those crucial deci- was impending when Gregory Lee otic. Astonishingly. Rehnquist. federal ban on state intervention Journal may be right in depicting sions in June and July were by Johnson ignited his flag. en roULe to his declaration that the against early abomon when the Chief Justice William Rehnquist close VOleS. Abouthalfwere5-4; As to protecting symbols, First Amendment does not apply • divisive alLemative is posed. as a bright, agreeable. efficient an additional handful were 4-4 Brennan - and Kennedy in a declared t1,at the flag. "does not The fractiousness of the na- presiding officer. He has yet, affirmances. Rulings by 5-3 or6- short concurring opinion - made represent any particular political tional controversy that Webster however, to demonstrate the 3 rounded out the picture. the point thaL, however, offensi ve philosophy." In other words. it signals and invites is reflected in power to lead his colleagues in a And the mean. disrespectful they personally found the behav- would be just as sacrosanct If the the rhetoric of the opinions. f,.rI,.r"I'o'"n"v Iii"" ,hll' lll'hil'vl'n rhl'loric in which iustices ex- Ior. the core of the First Amend- national government were seized Scalia. speaking for the radical ment was immunization of diS- by a faSCist dictatorship bent on right that favors forthnght over- sent, offenSive or otherwise. All wiping out blaeks, Jews. or poliu- ruling of Roe. excoriated Jusuce Hastings Law News this rested solidly on the clasSIC cal dlSsidenlS. Sandra Day O'Connor for her rauonaJe for the First Amendment RehnqUlst's opinion sneered cautious postponement of that - the free market in ideas. at Brennan' s staLement that toler- issue. Her opinion "[could) not Editor-In-Chief ...... James P. Ballantine RehnqUlst's dissenL, on the ance for dissent and affinnative be taken seriously." was "irra- Exccutive Editor ...... John C. Andrews other hand. was a professional tional." and "preserve[ d J a chaos Copy Editor ...... Christina A. Dalton and institutional disaster. He Instead of a sober search that IS eVIdent to anyone who can Features Editor ...... James T. Schmid argued. in essence. thatoffensive- for consensus, the justices read and count." Opinions Editor ...... Philip Smco nessjusufies lim ItaUon of the First ripped the robes from each Justice Harry Blaclcmun found Amendment. There was no blink- the Rehnquist opinion for the Production Editor ...... BelSy Johnsen other, {and} poured gaso- Ing In the scope of this conten- pI urahty .. nonsense ..... dcceptive." Photography Editor ...... Eva Giordano line on a national political Advertising Editor ...... Eva Giordano Uon: .. feigned ..... disingenuous ... "con- Contrihutors ...... David GlilZcr. BelSy Johnsen. "Surely one of the high pur- controversy . .. trlved . . . In the hopeofprecipitat- David Kmusl. Joni Lcventis. Tracy Thomas poses of a democratic society is to Ing a constitutional crisis." and legl 'late against conduct that is promotion of American Ideals of deserving of charges of "coward- regarded as evil and profoundly liberty and eqUality. symbolized Ice and illegillmacy," offensively to the majority of by the flag. are more consonant Blackmun saw RehnqUistand Editorial Policy Statement people - whether it be murder. with the First Amendment than his plurality colleagues as tempo- The Hastings Law News is !he monthly student newspaper of the embezzlement. pollution. or flag- laws repressing disrespectful nzing on a coven overruling of Hastings College of the Law. Signed opinion anicles. when clearly burning." treatment of the symbol. That Roc while awaiung a "new re· marked as such. represent the opinion of the writer and not that of The chief justice' I ist of of- Idea is dismissed as"a regrcttably glme of old dissenters and new the College or the Law News . Unsigned editorials represent the fensive evils might well have patronizing civics lecture ... appointccs" to do the job explic- opinion of a consensus of thc Law News Editorial Board only and Included blasphemy. commu- [with) no place," our system of itly. he feared "for the Integnty not that ofthc staff editors or wrilcrs. Nothing in these pages should nism. and - in another day - government." Revealed was a of. and public estccm for. thIS be construed as being the opinion of the College. its Board of miscegenation and desegregauon. dlsmaymg defect m the chief jus· court." Directors. or its General Counsel. If one wanted to reach lIce's perception of the court's Whatever develop regarding News. feature. and opinion anieles are accepted from the com- the general orientation of the high munity at large as well as students. bUI publication cannol be guar- Rehnquisl's resul L there are role. Thecounis alCacheras ..... ell anteed. Prospective opinion "Titers should contact the editor-in· enough earlier SlatemenlS and as an arbiter of parucular cases. coun.. one hopes that both wings chief early in order to reserve space in the ne"t issue. Deadlines are analogies In the court's case law Theverypracticeofwritmgopin- ....'11 take more seriously the need generally two weeks prior to publication. - e.g .• "fighting words" - to ionsdemonstIaLesthac Onemlght to preserve public respect for the Display advertisements are acoepled by the Advertising Editor make a respectable argument for decide cases WithOut giving the court ilSelf. That requires a more at the address below; rates are quotable on request We do not exempting flag-burning from First reasons. but opinions seek to re- earnest search for consensus - publish classified or personal ads. Amendment prolCCuon. The ca- late decisions to basic vaJues. and greaLer civility Lfl disagree- Entire contents registered copyrightC 1989 Hastings Law News tastrophe of Rehnquist's dissent With ilS fi ve strident opinions. ment that wlll persist. - all rights reserved. lies not in his result. but in the the abomon case. Webster v. Hastings Law News 200 McAllister Street San Francisco. CA virtually open-ended provinciali- Reproductive Health Services. 57 94102 (415) 565-4786. zation oflaw relating to symbols. U.S.L.W. 5023 (July 3). repre- COPY'.. mght 1989 American Lawyer MedUl. L.P. Reprinted "From dialogue comes truth .. Every state and municipality senlS the collapse of the court as a would. under the Rehnquist fran· guardian of the nationaJ ethos. with the permission. Page 8 Hastings Law News August 31, 1989 Bar Review BoDEANS Go Home ConJinuedjrom Page 4 Bauhaus. For those who recall "Grading On" to the City's hom in the driveway while you go that band's eerie vision, this re- flying out the front door. Although cord's accessibility and lighter its slower-tempo stuff is only a approach may come as quite a Drinking E'stablishments passable imitation of Edie Brick- shock. One need only compare Pennoyerv.Ne!f.and whether the agers posing as the young and ell and New Bohemians, Free is the cold and cryptic "Bela By David GIitzer chipped beer glass is an example trendy. Clove cigarettes are a well worth buying. Play the loud Lugosi's Dead" to the bouncy and STAFF WRITER of actionable negligence or even must. A plus is its proximity to songs real loud; it's a great way to melodic lines of "So Alive" to A brand new school, and for product liability. For a wild North Beach Pizza, one of the meet the neighbors. appreciate the magni tude of Love many of you, a brand new city. Yuppie evening you might try the best joints in the city. Guadalcanal Diary: Flip.Flop and Rockets' shtft in style. You've left the university where bars in the Triangle down by Specs (12 Adler) -Also known Guadalcanal Diary andR.E.M. The album still broods in you finally settled in with a group Union Street. Everyone will as the Adler Museum. For those are both from Athens, Georgia. places, most notably in the songs of friends, a girlfriend or boy- probably be impressed by your of you who miss that down and They sound alot alike. Guadalca- "Bound for Hell" and "Jungle friend, a great apartment and, most status as a law student and will dirty bar at school that serves nal Diary is not as innovative or as Law." It also employs the signa- important, of course, your favor- actually want to know your LS AT cheap pitchers. The clientele poetic as R.E.M., nor are they as ture special effects favored by itebar. Well I can't help you with scores. includes everyone from sailors to talented. So what? Very few Bauhaus and the early Love and the friends. As for girls and guys, 2.5 GPA- You came to Yuppies. The bartender throws bands can compare with R.E.M. Rockets: weird dubs, fade-ins, I might have a number or two for Hastings to find a career but you're ice at people who get too rowdy or anyway, and I can think of a ton of and white noise. (It's not every you. But I can definitely help in unwilling to give up those Friday annoy him in general. This bar is worse baggage that can follow a band, after all, that credits guitar your search for a watering hole and Saturday night romps. Con- a hidden treat. band around. If you're tired of and bass feedback on its liner that's just right for you. grats, you may make itoutofhere Vesuvio's (255 Columbus) - that other Athens ァセッオーL@ give this notes.) What follows is a short list of with a personality yet. South of Located right next to that bastion album a chance; it couldn't hurt. Whether or not you like Love local drinking establishments, Market and North Beach are the ofbeatdom, the City Lights book- Love and Rockets: Love and and Rockets may depend on what custom-tailored to the goals you perfect beat for you. store, this is where Jack Kerouac Rockets you thought of Ash and J.'s ear- have surely set for your academic Holy Cow (1535 Folsom) - and his buddies created the beat Love arid Rockets has crossed lier music. Some early Bauhaus/ career here at Hastings, and Just look for the sign of the bo- generation while getting soused. over. Theirnewest record has not Love and Rockets purists may The bar pays homage to its most only dominated alternative music rant about this album's "sofmess" famous patron with an eponymous charts since its release, but has and label it a sell-out. I recom- concoction that will blow your actually entered the mainstream mend it highly myself, but then I socksoff. Five of these and you'll charts as well. Remember, the thought most of Bauhaus' music think you're back in the fifties. band's songwriters, Daniel Ash was pretentious and boring. 2.0 GPA- Now we're getting and David J., emerged from down to some serious partying. Blowing off that Friday Torts class SWAN GLIDE because of the effort it takes to get by Andrew Michael out of bed to choke down three SWAN: Stop When Analyzing Nonsense, ExtraStrengthExcedrin. Foryou Silence Washes Away Noise; brave souls the Lower Haightand Serenity Will Absorb Noiseyness, the Mission are in your near fu- Serenity Wants All Nowness. ture. Silence Will Allow Now Nourishment. 13% (424 Haight) - What life in a lava lamp would be like. GLIDE· Going Lightly Inspires Delightful Experiences! Filled with neo-hippies and trendies. The smallest dance floor SWAN GLIDE known to man. Only one bath- room for everybody, so either A simple swan glide, PHaro BY JAMES BALl.ANI1NE learn to hold it or spend half the Riding the caress of a quiet tide; The least advenJurous stutienJs won't make it past Squid's, which was night in line. Music ranges from Enabling silence to preside, made for the solid B meister. punk to new wave to the old clas- Ending internal deriding, matched to your desired GP A. vine, a giant cow hanging outside sics we all love. A fme time for Ending neurosis sliding, Remember, while you must never the bar. On Fridays and Satur- all. Enticing serenity from its hiding; lose sight of the reasons we're days this bar is packed with all Nickie's Haight Street Sliding into a silent glide, here at law school, it's OK if they types. Beers are relatively cheap, Barbecue (460 Haight) - Two A swan glide, get a little fuzzy every now and and the DJ plays all kinds ofmusic, doors up from 13%. Anothertiny A simple ride on the caress of a quiet tide. then. from current dance pop to old joint with tons of character. The 4.0 GPA- If you have set your classics. Plus, there is never a dance floor is also tiny and the A swan gliding upon the lake, sights on the stars you're proba- cover. music selection very eclectic. If Rippling the water by its wake bly already buried in the horn- Paradise Lounge (1501 you show up before 9 you can also Soon dissolving into a smooth surface for peace sake, books and underground outlines, Folsom) - "Paradise Lost" is get a reasonably-priced plate of Mind Chatter dissipating - enjoying a silent break, with no time to read this article, conveniently located right next to fried chicken that' sso good,you 'II Natural life yearning you to take, much less have a beer. the Cow. This bar caters more to eat parts of the chicken you don't Enough discerning for heaven's salce, 3.5 GPA- At this academic the black t-shirt, faded ripped usually eat. Enjoy the ride, level you may allow yoursel to 501 's, disassociated artist types. Firehouse 7 (3160 16th) - A A swan glide, "kick out the jams" every once in With two small dance floors and pool table. A giant snake's head A simple ride on the caress of a quiet tide. a while. Say, a beer once every mucho live alternative music at over the door. Good-size dance other week, butonly in your room , low prices, it's perfect for a pseudo floor with a wild clientele. Eve- Let the courtroom stay in the courthouse and not in my head, and only while rereading the avant-garde night out with your rything you always wanted and Let the minutia of procedures stay in the code of the fed., contracts nutshell you memorized favorite USF art student. less. Especially good for meeting Let detailed analysis stay out of my bed, last summer. Savoy Tivoli (1434 Grant) - If people your parents will hate. I Let my legal critiques stay where they need be said, 3.0 GPA- Now we're talking. black is your favorite color but highly recommend it. Squids was made for the solid B you like a European twist, then 1.5 GPA - If this is your goal, Sure I want to write a brief with pride, meister. After acouple ofbeers at this is home for you. The Savoy then it's best to go searching for Sure I want to make the best argument for my side, the regular Friday Beach bash, is a nice little cafe with a couple of bars yourself. You're obviously a But I don't want the rest of me to hide, Squids is the place where you and pool tables and a small outdoor professional and need no guid- Every so often I'd like to take a swan glide, a couple of your new-found section. The crowd is mixed, ance. Have fun, but don 'tcall me friends can have just a few more with small numbers of actual for bail money. A simple ride on the caress of a quiet tide. while discussing the intricacies of Europeans scattered among teen- Page 9 a ketable: A Hastings Soap Opera

IboIr aplnifldon ollbe woddng thinking dill be was actually iog a contract 10 become one of jog an e1ile class of published セN@ Yoa bow. Ibe devil lqinniDlIO IoIe his edge. Pro- the "big guns" for !he f.ast1aw legal scholars.. No, it was s0me- ....peopIelip.COlIIIIClwben feaor Mumblelhorpe was boraI. legal publishing conglomcrale, thing thIl nobody at Hastings aMy ... dIeir 10IIII. 1be peed- which would malce him a regular would ever have guessed. Be- lDClllplloutdMnndin&SIOCb. Professor Mumblethorpt contributor 10 some of the most cause as be paced beck and forth c:aaiDI raI eIIaIe dells. gen- IUCI'Ilive lines of legal books and in front of the classroom, Profes- cnDy ....&llvllaataeollbehad was negotiating a contract paraphema1ia on the marltel sor Mumblelhorpe fek more dian walt ofdle pmIeIIrial_ just. to become one of the "big Professor Mumblethorpe's the rough contactofhisconsc:rva- lIICIIIIIy eddcIIIy 1aIbupt. and guns" for the Eastlaw mouth waIm:d at the prospec:l tive wool suit .post his skin. IIId Ibey bow it. In. Marxist legal publishing 'IbiI would be Ibe big one. Not more thin the slickness of his ""'IJIIenIN." just a lousy casebook with a few conglomerate. which polyester/COlton dress sbin. SIUIIDed. BId. ... at the editions. but also hornbooks, UndemcaIh all thole, geIIdy rub- liewIy-foandLoveolHJsLifefor would I'fIIJU him a regular outlines, nutshells, o.hcards,1IICI bing against his chest hairs, there juIt.momeaI...... befcnsiDlr:- contributor to some of the an option 10 put out the same was the unmistabbIy silky touch ...... inIobil ....wilban most lucrative lines of IIUIIeriaIs, with slight variations, that only comes from fmc Iinae- audible ...... legal booles and para- for a bar review course. With. ric. • • • IeaI1'I of erstwhile and productive Professor Mumbletborpe was the The first boar of Profeaor phernalia on nuuut. WoritStudy studenlscranking the actually feeling pod as class William M_bIeIhorpe·. rabIed stuff out in sections every sum- ended. As be surreptitiously ad- COIfte 2-aedit in Oral Lepl It was not that be hid reached mer, be would shortly be able 10 jUSlfld the straps of Ibe baby blue BcoI was drawiDllO. dole. As dleeodofbilline. After.mercu- SlOp showing up in these stuffy teddy be had selected for die fust be deliwnd Ibe linea of biI 56 rial caRel' which bid seen him clalsrooms at all. That prospect day of die semester, he thought セᆳ ,.,-oIdopeaiDa padUIIe first iD his c.... a Yale, was a welcome one, he thought, confldendy that Ibe conlnlCt with ina a one point lor Ibe 1lUden1l' clerk for • u.S. Supreme Court as be fielded another impossible Eastlaw was bound 10 come polite ...... at Ibe 0UIdIIed jUllice. put iD many yean in a question about "what would be Ihrough. And there were lOme jabI• ...,biI YOicealllOlber IUCI'Ilivc • prestisiouI priYIIC on die final" from a worried stu- very attractive, if pricey, black for dIImaIic eft"eca Profeaor pnICtice.lIICI80 on 10 lake a IUC- dmL rap penIS be had seen in ViclDria.' s Mum1Jlelhorpe·.mind wandered. c:eaful1IICI, be mUllldmit, cushy But there was something elIe Secret which be could pick up After,... ,.. of boning academic position. Professor thIl made Professor Mumble- with the first royalty check-•• .... 0IICIIHD0r m.p wi& IIId in- Mumbletborpe was in fact ap- thorpe smile as be went through Next iuae: Bart llIea I8CII; teI'ipnc:e ...... pnenIioDI of proeching die peak ofhil prof'es- his paces, bringing die lcclUre lOa M_bIedIorpe ...tioas tile eeaerJOUllllaw IlUdenls,bewas sionallife. He w. DOW negotiat- close. It was not die idea of join- alDotioaable.

o Good e who'd c Games" ...... e It: PIZZA by the slice PASTA, PASTRIES, PEET'S COFFEE antage Also salads, bagels and lox, mini-breakfast, o. muffin sandwiches and lunch specials 10% discount for Hastings Law students and senior citizens --- 8treet. SaD Francisco Let us cater YOW' next office party or meeting

Located at 418 Larkin, across the street from the Federal and State Building Mon - Fri: 6:00 am - 7:00 pm Sat: 8:00 am - 5:00 pm, closed Sun. 885-5710 Page 10 Hastings Law News August 31. 1989 Progess Made on Student Directorship Homeless at Hastings Continuedfrom Page 1 Continuedfrom Page 1 alleged in the 1980 legislation, "Student board representation logue, anal yse, and coordinate the and have suggested that student is something the students have Hastings and the city represents bying firm recently retained by various resources-federal, state, on the Board legislation, if en- sought for a long time," Bursh an interim step in a long-range the College.and which represents local, and pri vate-available for acted at all, should be subject to stated. She indicated that it was plan by Mayor Agnos' office to numerous moneyed interests in a citywide anti-homelessness ef- the discretion of the Board, rather unacceptible to make the student establish a permanent, loo-bed, the capital. fort. than mandatory. on the board an optional rather 24-hour homele:;s intake facility Khachadour and Smith used a The arrangement appears to Bursh and Ballantine re- than a mandatory requirement on and multi-service center with legislative counsel opinion which signal a turning point in what has sponded that this suggestion did the basis of a legislative counsel emergency and transitional hous- indicates that 1980 legislation been an often rocky relationship not appear acceptable, and that opinion which has no legal force ing services. According to sources regarding the structure of the between former f/astings admini- students sought a statutory guar- and which deals with separate in the mayor's office, the tempo- Board may be unconstitutional to antee for a permanant student legislation. rary KGO shelter will operate as a try to suggest there were prob- . ..we are very pleased to be board position. They have re- An aide to Senator Nick Pet- ISO-bed, round-the-clock drop- lems with thestudenton the board in a position to help the city quested that the legislature go ris, who requested the legislative in center through June at the legislation. The legislative coun- forward with the student on the counsel opinion, indicated that the minimum and on a month-to- through one of its most sel opinion was prepared for an board legislation before the legis- Senator was very supportive of month basis thereafter, diffiCUlt crises. issue entirely unrelated to the lative session closes September the concept of student participa- The 24-hour intake facility is student on the board bill (see story, 15, and deal with the concerns tion, but did not yet have a posi- a key part of a larger plan devel- strations on one side and the p. I). They indicated that the raised by the legislative counsel tion on this particular bill. oped by the Mayor's office to Mayor's office and the Tender- student on the board legislation opinion separately. . The idea for the student on the combat San Francisco's home- loin community on the other. suffers defects similar to those board legislation, and specific lessness problem in the fiscal year While declining to comment di- statutory language, was recom- 1989-90. Described by aide Erik rectly on the significance of the mended in a Law News editorial Schapiro as "the first attempt by partnership vis a vis Hastings' When you party, February 2, 1989. A meeting this or, from what we know, any relationship with the city as a between Ballantine and Speaker other city," the plan represents a landowner and would-be devel- Willie Brown in the spring of comprehensive effort to cata- oper, Agnos aide Schapiro stated remember to ... 1989 resulted in Brown's strong that the Mayor's office is "de- support for the legislation, which lighted with the school's willing- was introduced during the sum- from a list of4 students elected by ness to donate the space at this mer when Assemblyman Areias the student body. time and for this purpose." agreed to sponsor the legislation B ursh and Ballantine indicated Hastings' Dean Read sounded an as an amendment to a bill pertain- that they would be present at the equall y posi ti ve note. 'WhIle [the ing to the UC which he was carry- meeting of the Hastings Board on move to commit the building as a ing. Friday to discuss the student on temporary shelter was] a difficult The original draft legislation the board legislation, and their decision for the college, we are provided for direct selection by hope for the Board's support for very pleased to be In a position to the student body of the student the bill. help the city through one of its director. A potential compromise most difficult crises." reached with Governor Editor-in-ChiefJames P. Bal- Deukmejian's office allows the lantine provided information for Governor to appoint a student the preparation of this article. r ------, ,.------, The Jackson Speaks at Hastings Commencement n's as easy as counting from 1 to 10. Hastings Guests: I. Know your limit - stay within it. Book Store 2. Know what you're drinking. 3. Designate a non-drinking driver. 4. Don't let a friend drive drunk 5. Call a cab if you're not sober-or not sure. Hosts: 6. Serve plenty of food. 7. Be responsible for friends' safety. 8. Stop serving alcohol as the party winds down. 9. Help a problem drinker by offering your support. 10. Set a good example. "We got what you need."

Course Books PHOTO BY CHRIS PALERMO Study Aids Speaking to the Hastings Class of1989 at the May 22 commencement exercises. civil rights leader and2 -time Democratic presidential candidate. Supplies Rev. JesseJacksoncalledongraduatesto "use honey-bee sense" andtalce the advantages of their law school education oul into the community. Hours:8:00-3:00 Earlier that day at a luncheon hosted by the Law News and the Hastings National Headquarters Administration at the San FranciscoPressClub.Jacksonsharplycriticized 150 Paularino Ave., Suite 190, Costa Mesa, CA 92626 the Reagan Presidency. blaming a recent increase in racial strife on 1-800-441-2337 mッョ、。yMfイゥ、。セ@ inattention by that administration to civil rights and social programs.

Beer Drinkers of America is a non·profit consumer membership L ____ --- _..I L ______---l organization open only to persons OIer Ole age of 21. premeCourt ymposium at Ha ti g oae-bllf_two ......

September : ...... TIle r.cuJty of HasaiDp is WI.,., •. Il",...,.,...... ina. syIDJIOIIium OIl COIl- セ@ ...' ..... l。キキィゥ」ャ。キゥャャセ@ PIofessor David Paiaa-. the 1988la1Doflhe UniredS ... ProCessor Calvin Maaey, Dr. Supreme Court. In a Ieries of Nancy MilliIr.en (U.c.s.P.), IDd line .-eI cIiIcuaiooIlDd do- ProCessor J__ W..... biles...... pnJfeaoIs will .....lhepcllitiODs IIId like Ihe Septnaber 2l1li: A'" rolea セ@ opposiIIa faciioas on die セ@ . .,.... curraa Court. Ouuideeapens in DedIiI.a, tile ...... Dledic:ine_civi) riabtswilllllo c.e.tlleR.... IIdd dIeir penpecrive. tile eiYiI ..... DedI... セ@ BriIIl E. Gray, the Professor Ric:It セ@ ... r.:uJty member who orpniJJed feasarCalvinMMiey,CivllitipIs die Ieries, is Iookin& forwIrd 10 AWlmey Eva PIIeraa, 1Dd ... IOIIIe '"lively" debate oa Ihe Ie- fessor Scou Sundby. c:catdccisionl. TIle IeIIions will be held on Septe.ber m.: ...... tile I8CCeDMWedlladaya.Sepeem- 19IIT_iIl ea.. bel'13,20.IDd27,iaa-oom Ial,tIIe ....e.ed _._ B. TIle first pI'OIIWIl will"'" filS..., ea.ab...... anJIIDd 4:30 p.8l.. inP""""iWIy .... F...... Aac.I IIDowiaI DeIIlReld'.lIIktolhe tlleJ...... fial ,.. c:IasL 'DIe adler two ProC... r。ケセL@ ...... will bePa • 3:30 p.m. re.. Joe 0I0diD, IDd ProC_ BIela will ...... c.e IDd Loa Sc:IIWII1Z.

150 next to Hastings D OPENING PROMOTION! !

US: 9 am to 11 pm IJf:fIV reJea se.s : 13.00 Po EMBERSHFP Page 12 Hastings Law News August3/./989

Don't Take Any Chances OnTheMBE

AfULTISTATE SPECIALIST We'll Teach You How To Win!

WEST COAST OFFICE NEW YORK OFFICE EAST COAST OFFICE 1247 6th Street 450 7th Avenue. Suite .3504 211 Bainbridge Street Santa Monica. CA 90401 New York. NY 1012.3 Philadelphia. PA 19147 (213) 459-8481 (212) 947-2525 (215) 925-4109

NATIONWIDE TOLL FREE NUMBER: (800) 523-0777