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Chapter 6.Pdf (1.305Mb) CHAPTER 6 Dean Doyle and the Years of Turmoil- the Vietnam War and Civil Rights: 1967-1971 Unless you are prepared to commit yourself to its demands totall¡ you should not be here. Dean Doyle, 1967 Law students of the 1960s and 1970s live in a vastly different culture than that ofthe frfties generation. The 1960s generation began to question the purpose of their lives and the meaning of a materialistic mass culture, which had defined the "good life" of the fifties generation. There was also the problem of race. The belief in a color-blind society with equal process was hard to square with the events unfolding on the streets of Selma, Montgomer¡ and countless other communities in America during the I 960s. Gary Minda, Postmodern Legøl Mottemen* (1995) We were like Trappist monks, slept in a cofifrn, with death before our eyes. Some guys really worried. They checked their grades and did not return. Anonymous, class of 1972 The winds of war blew once more. The American intervention in Vietnam had none of the patriotic popularity associated with earlier international chal- lenges. Students resisted and avoided service. The school was buffeted in unan- ticipated directions by the Vietnam Wat the Civil Rights Movement, and the students'desire to have a say in their education. Dreams unmet, povert¡ and the assassination of African American leaders resulted in urban violence within a few blocks from the Creighton campus. The death of students at Kent State University symbolized the breakdown of order. A demographic cohort, the baby boomers, including women, clamored to continue their graduate educations and placed great pressure on the traditional administration of legal education. 259 260 6 ' DEAN DOYLE AND THE YEARS OF TURMOIL Faculty Staffing in the Mid 1960s Faculty hired during the latter part of the 1960s included Donald R. Prinz, 1966-1972; William A. Donaher, 1966-72; a returning Edward Birmingham, 1968-present; Ronald R. Volkmer, 1969-present; and a returning Patrick Mullin, 1970-89. Donald R. Prinz, B,{59, born in West Point, Nebraska, earned his LL.B. at the University of Michigan in 1962. He came to Creighton in 1966 to teach Criminal Law' State and Local Täxation, Partnerships, and Insurance. He re- signed in 1972 at the end of Doyle's deanship and took a position at the Uni- versity of the Pacifrc in Sacramento.r William A. Donaher earned his A.B. from Catholic University of America and his LL.B. at Harvard University. He served as assistant attorney general in Pennsylvania for four years and taught law at St. Vincent College for seven years. He came to Creighton in 1966, teaching Tiusts and Wills, Legislation, International Law, Mortgages, and Restitution. According to Donaher, law school did not make you into a "Perry Mason" or a "memory bug." It required "you to think and deal with concepts, disciplines of approach, and conditions within the sphere of law." He felt that a "necessary requisite for higher educa- tion is to draw from subcultures many ideas and opinions" from a broad ge- ographical area. Donaher advised the Creighton Løw Review and the moot court team. He resigned in 1972 at the end of Doyle's deanship to teach at Duquesne School of Law in Pittsburgh, his hometown. He died in 1991. Edward j. Birmingham, born in Sioux Cit¡ Iowa, in 1939, earned his B.S. from the University of Maryland in 1962, his law degree from Catholic Uni- versity in 1964, and an LL.M. in taxation from Georgetown University in 1967. He worked for the Internal Revenue Service before coming to Creighton in 1967 as a visiting assistant professor to teach Judicial Remedies, Natural Re- sources, and Administrative Law. He left Creighton for the University of South Dakota School of Law and returned to Creighton in 1970. He taught Federal Income Tax, Estate and Gift Tax, Corporate Taxation, and Sales and Sales Fi- nancing. He was a consulting attorney to Erickson, Sederstrom, Johnson & Fortune from 1970 to 1977. Birmingham served as associate dean (1977-85) during Rodney Shkolnick's deanship. Professor Birmingham remains on the Creighton faculty today. He is a regular contributor lo Personal lryury: Actions, Defenses, Damages, published by Matthew Bender. Ronald R. Volkmer, 8,{66, JD'68, born in 1944in Nebraska Cit¡ one of seven children, majored in history at Creighton and completed his degree, magna cum laude. He served as the first editor in chief of the Creighton Løw Review. He joined the Creighton faculty in 1969 and taught Real Propert¡ 6 . DEAN DOYLE AND THE YEARS OF TURMOIL 261 Mortgages, and Trusts. Volkmer earned his LL.M. degree at the University of Illinois at Urbana-Champaign in 1973. He has been active in the Catholic League for Religious and Civil Rights, the Urban League, the Catholic Com- mission on Human Relations, and the Omaha Legal Aid Society; he chaired the board of the society in 1981. He twice served on a campus committee to reinforce |esuit identity.2 ln 1975 Volkmer received the William W. Cook Fellowship from the Uni- versity of Michigan to pursue the S.J.D. degree. Governor Kerrey appointed him to the Nebraska Accountability and Disclosure Commission in 1984. In 1989 he received the Nebraska State Bar Association George H. Turner Award. Volkmer introduced a course in Alternative Dispute Resolution in 1989. He was a consulting attorney at the Omaha firm of McGill, Gotsdiner, Workman & Lepp. Professor Volkmer has maintained his interest in history as witnessed by his essays about Professor William Sternberg and Michael O'Reilly. He pub- lishesregularlyinthe areaof trusts, probate, andfutureinterests, andhehas been a continuing contributing editor and columnist on recent fiduciary de- cisions for the bimonthly Estate Planning. Theodore J. Clements, a former Omaha assistant city attorney and director of the Legal Aid Societ¡ arrived at Creighton in 1970 and taught the Poverty Law Seminar. He was serving as president of the Creighton Faculty Senate in 1978 when Gonzaga University Law School in Spokane named him dean. The role of faculty in the shared governance of American institutions of higher education was expanding in the 1960s. In 1967 Creighton University president, the Reverend HenryW. Linn, S.f., established a faculty council, appointing pro- fessor ]ohn North chair of the constitution committee. Every fifteen frilÌ-time fac- ulty members had one representative on the council. Parallel to faculty involve- ment, students also sought direct involvement in the design of their education.3 The Vietnam War and the Draft Creighton students voluntarily stepped forward to don uniforms in World Wars I and II, less so in the Korean War, and hardly at all in the Vietnam War, which lacked a popular sense of righteousness, of being a just war or a defense against aggression directed at the United States. Rather than being swept up in patriotic fervor as were previous generations, students attempted to stay in graduate school, obtain deferments, and avoid the draft. Students losing their deferments faced induction, an escape to Canada or went to prison.a Oscar T. Doerr, LLB'25, a long time Selective Service Board official, said, "We often find that the parents are more perturbed but the kids are taking it 262 6 . DEAN DOYLE AND THE YEARS OF TURMOIL calmly''He thought that the draft boards induced "more boys to enlist than they induct."s Professor Michael O'Reill¡ reflecting from retirement, recalled teaching during the Vietnam War, calling it "more challenging because you had to handle things differently. It was important that the classroom remain an orderly process so all could get the benefits." iohn Decker, the editor of the law student newspaper Docket, and future DePaul University law professor, on fanuary 15, 1968, attacked the policies of Lewis B. Hershe¡ head of the Se- lective Service Board, in "Dissent: It's Need." In 1967 Dean Doyle was sympathetic to students obtaining deferments and "prepar[ing] intelligently for the completion of their professional edu- cation." In his January 1968 "Message from the Dean," he discussed the im- plications of the Military Service Act of 1967 as presented by the American Council on Education: "it would appear that enrollment in the first two years of graduate and professional schools next fall will be limited to women, vet- erans, men physically disqualified and those over the age of 25."6 In 1968, with law school registration at 240, only six less than the previous year, Doyle hoped that "the change in draft regulations would not have as serious an impact on law schools as some had predicted" and that "an early im- provement in the world situation may result in a change of policy with re- spect to the deferment of graduate students."T Professor Arthur G. Umscheid, dean of the Graduate School, attributed a drop in graduate enrollment from 453 in 1967 to 394 in 1968 to the draft.s The Creightonian noted in Novem- ber 1968, "Only four students in the School of Law have been caught in the draft this year." In January 1969 the Docket continued its antiwar stance, echoing the mu- sical Hair: "The Draft is white people sending black people to make war on yellow people to defend the land they stole from red people." Another article revealed a drafL exemption from a surprising source, Deuteronomy 24:5: ALL NEWLYWEDS EXEMPT FROM DRAFT FOR ONE YEAR. AN old pre-common law mandate has been turned up by Docket re- searchers which might give draft-available C.U. law students sudden incentive to find that permanent mate: "\,Vhen a man is newly wed he need not go out on a military expedition, nor shall any public duty be imposed on him.
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