Hastings Law News Vol.18 No.2 UC Hastings College of the Law

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11-1-1984 Hastings Law News Vol.18 No.2 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.18 No.2" (1984). Hastings Law News. Book 132. http://repository.uchastings.edu/hln/132

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]. Hastings College of the Law Nov. Dec. 1984

SUPREME COURT'S SEVEN DEADLY SINS

"To construe and build the law - especially constitutional law - is 4. Inviting the tyranny of small decisions: When the Court looks at a prior decision to choose the kind of people we will be," Laurence H. Tribe told a and decides it is only going a little step further a!ld therefore doing no harm, it is looking at its feet to see how far it has gone. These small steps sometimes reduce people to standing-room-only audience at Hastings on October 18, 1984. Pro- things. fessor Tribe, Tyler Professor of Constitutional Law at Harvard, gave 5. Ol'erlooking the constitutil'e dimension 0/ gOl'ernmental actions and what they the 1984 Mathew O. Tobriner Memorial Lecture on the topic of "The sa)' about lIS as a people and a nation: Constitutional decisions alter the scale of what Court as Calculator: the Budgeting of Rights." we constitute, and the Court should not ignore this element. For example, the LYllch v. Tribe argued that we are a part of all that we have met and that we help to make the Grove decision says we're comfortable with declaring some people to be outsiders. Re- world what it is - we don't just inherit it. However, the current United States cent search and seizure cases have weighed the value of the exclusionary rule against Supreme Court, he asserted, does not share this view; rather, its vision of what courts letting a guilty person go free and decided against the exclusionary rule; these decisions should do seeks equal justice not so much as it seeks efficiency. A "managerial vision" redefine us as a society that doesn't want to accept the guilty going free as the price of prevails under color of a "pretended neutrality." "I profoundly believe," continued protecting our rights. Tribe, "that the technocratic vision coming to dominance in the Burger Court should 6, Abdicating responsibility for choice: It is easier for the Court to blame science, be criticized and comoatled." with its comforting illusion of inexorability, for its decision than to accept responsibili- Tribe offered such criticism in his description of the seven deadly sins of straining the ty for it straight-forwardly. Mathew Tobriner always said "Don't use the passive Constitution through a sieve of technocracy, which subjects rights to a cost/benefit voice, because it seems something out there is responsible, not m." analysis: 7. Indulging in hidden judicial imperialism instead 0/ modest)': The present Supreme I. Devaluing "process": Judges become "accomplices in illegality" when they are Court is very activist, yet it claims neutrality while aggrandizing power for those who allowed to weigh costs and benefits, for costs are always tangible and measurable, already have it. while benefits are not. When judges talk "like little scientists," there is a substantial Constitutional law , said Tribe, is emptied of critical force when it is filtered through danger of ignoring underlying concerns for equality, since the benefits of equality are a utilitarian strainer, becoming a calculator of rights. "Counting makes us forget what hard to weigh. really counts." Nevertheless, Tribe urged the audience not to give up, but rather to 2. Ignoring distributh'e concerns: Supreme Court decisions are now made as if keep the faith. He concluded with these lines from Tenny on's "Ulysses": wealth is a given, as If rules do not affect rich and poor in our society differently. A 'T is not too late to seek a newer world. variety of recent cases reveal the Supreme Court world view that all people have ade- • • • quate resources, a view which flattens issues. Tho' much is taken, much abides; and tho' 3. Fixating on the tangible to the exclusion 0/ intangibles: The Court filters out the We are not now that strength which 111 old days textured aspects of problems and dwarfs "soft variables." In Lynch v. Grove, the Moved earth and heaven, that which we are, we are, - Pawtucket creche case, the Court asked if there were "any real costs" and found no One equal temper of heroic hearts, concrete harm because there were no measurable costs. However, the Court considered Made weak by time and fate, but strong in will the case from the perspective of insiders, ignoring intangibles such as the dignity of To strive, to seek, to find, and not to yield. those who are made outsiders by the decision. PUBLIC INTEREST LAW: NO EXCESS HLN REPORTS: OF LAWYERS by Peggy Mathieson and Karen Wells FALL BOARD MEETING by Peggy Mathieson "Why am I in law school?" The an- I-unding nual Alternative Law Day, sponsored by The ｈ｡ｾｴｩｮｧｾ＠ Board of ｄｬｦＨｸｴｯｲｾ＠ met on October 5, 1984, for thClr regularly the La\\ Student Organizing Committee The tOtal annual budget for Hastings scheduled open meeting Highlights of the National Lawyers Guild, provided was announced as $13 million, drawn a \'ariety of answers to this question for 1'0110\\ • from general funds, student paymenh, progres ive law students. The event took Commencement Speaker and federal and state support. Budget place at Golden Gate University on augmentations are currently under September 22, 1984. Billed as "An Ex- Director Etienne reported that he had review in Sacramento. Proposal include travaganza of Alternative La\\ published a statement in the Weekly to additional funding to hire 3-8 more Practice," the program included a daz- l ｡Ｏｬｲｾｮ｣Ｂ＠ Tni><' give notice to students of the Board's faculty next year and to continue the cur- zling array of 19 separate workshops position on choosing a speaker and to rent 5-year acquisition plan to improve covering an impressive spectrum of "remove the adversarial atmosphere" the library. public interest law issues. Participant Dunlap, describing lawyer as agents which existed last semester. Etienne met had difficult choices to make since the with a committee consisting of Hastings ｾ｣ａｬｬｩ＠ ter To"er time frames permitted them to attend a of social change, aid, "You are needed student Peter Engstrom. faculty members maximum of three workshops. If you care that someone out there is dy- ing at this \ery moment because their Louis Schwartz and Gordon Van Ke sel, The occupancy rate was reported at Mary Dunlap, an attorney in private and Alumni As ociation member Bill 98070 with a waiting list of 100 students. practice, a co-founder of Equal Rights live are so painful, if you care that polluter are seeking permits, if you care Smith. The committee suggested 12 Students are also being housed in 3 units Advocates, and a highly popular pro- ｾｬ｣ａｬｬ｢ｴ･ｲ＠ that someone who i blind or in a "equally desirable" indi\'iduals. Of located on in the "west fessor of law at Golden Gate University, block" properties. The Tower's manage- wheelchair is being made fun of, if you those. three were student choices gave a rousing keynote speech. She ｾｬ･ｹ･ｲ＠ care that there is a storm of hatred in this (Wilham Brennan, Jesse Jackson and ment. :-1ilton & Co., created a startled her audience with the opening Mario Cuomo). It was made clear that modest surplm of funds this summer by assertion that "there is no exce s of country today." renting to Democratic Party conven- She cautioned student that there is no the Dean is not limited to the three tu- lawyers." She continued, "There i an tioneers. At pre ent, the City leases the uch thing as practicing public interest dent chOiCes and that the decision need excess of greedy, selfish, thoughtless entire 4th floor for $1.35 per square la\\ "on the ide," for commitment to only be based on availability. Among the people who call themselves lawyers ... foot, the highest lease rate the City "the task, the challenge, of revolutioniz- remaining proposed speakers are :-'1ayors There is a terrible shortage of lawyers pays. :-'Ianagement also hopes to rent out ing the legal profes ion must be total. Feinstein, Cisneros and Andrew Young, who are dedicated to serving the interests the 3rd floor after it is renovated. A stu- Reform is not enough." The goal, she Justices O'Corulor and Bird, and Barbara of those who seek justice, fair treatment, dent lounge area is near completion, re- believes, is to obliterate the need for Jordan. Alternates include Judge equality, and peace. There is no excess of quiring only the purchase of furnishings. continued on page 8 Schroeder and Ambassador Kirkpatrick. such lawyers." continued on page 6 page 2. Hastings Law News ｎｑ｜ｉＮｬｄｾＮ＠ 1984 I Casting the Greed Vote EDITORIALS What Happened to Fairness?

A month ago, William Raspberry, writer for the Washington Post, analyzed what he called "the greed vote." A Washington Post-ABC News poll had revealed that many people planned to vote for Ronald Reagan even though they believed a Mondale administration would be fairer to all segments of the population. AD HOC ZONING: Why would they vote against their belief in fairness? The crucial factor for the people polled was that they also believed they personally would be better off financially STUDENTS RATE LAST under Reagan. Raspberry conjectured that "many Americans see themselves as financially pinched, living so close to the margin that their personal finances become When Clara Foltz tried to attend Hastings classes in 1879, the janitor was instructed critical. " to inform her that women weren't allowed. We've come a long way, baby - now we I grew up on or below that margin. Even though I haven't lived in poverty for a get our rejection notices from Dean Prunty's polite young secretary. good many years now, I remember it well. A poverty mentality is hard to eradicate, When Clara Foltz Women's Union was planning its recent reception and panel and I will no doubt persist in certain poverty-learned behavior for the rest of my life. discussion on Women in Legal Education, its members considered the options on So I can appreciate the survival instinct which comes into play when people feel they or venue: Old Commons (big, noisy, badly lit, ugly); 1M Lounge (smaller, but badly lit their families are threatened. and ugly); classrooms (well lit, but uncomfortable and refreshments not allowed); What I don't understand is what happened to the generosity of spirit - and pocket- Library rooms (well lit, attractive, but small and refreshments not allowed). Someone book - that used to motivate people to give to those in greater need. The value suggested checking into the availability of the Alumni Reception Center in 200 system I was nourished on was very big on principles of sharing. I thought that was' McAllister. part of the American tradition. What happened to the belief that the haves should help First hitch: figuring out who controls access to the room. The Room Reservation the have-nots? Office handles all space - except the ARC. President Reagan ascribed his victory at the polls this month, at least in part, to hav- After learning that Dean Prunty's office regulates the use of the ARC, we talked to ing made America "stand tall" again. But America doesn't stand tall when it succors the Dean's secretary. We learned that, if the room is available, and if the proposed use the strong at the expense of the weak. of the room is consistent with the guidelines for its use, student organizations can use , the ARC - if they're also willing to pay $12 per hour for a security guard to protect the art works in the room and an unspecified amount to Facilities Operations for set up and clean up. Well, this came before the famous ASH Budget Meeting, so we figured we could af- ford three hours worth of security plus facilities charges. Having ascertained that the room was available on the date we wanted, we applied for use. Our stated purposes STuDE')i were to hold a reception in honor of Hastings women faculty, administrative staff, and R.,E($-/STRJIT lOft) students and to present a panel discussion on Women in Legal Education. You already know what happened, right? Dean Prunty rejected our application. Reason: proposed use not consistent with purposes of the room; other rooms available more consistent. Slightly outraged, I went through every issue of the Hastings Weekly for the past two years and made a list of all events advertised as occurring in the ARC. All were straightforward receptions except for the Public Interest Clearinghouse reception/panel discussion on Recent Supreme Court Decisions, held last spring; the panelists were professors. Armed with this precedent and prepared to argue discrimination, the officers of Clara Foltz Women's Union sought and finally secured an appointment with Dean Prunty. As two of us awaited the third officer in the hallway outside the Dean's office, the Dean's secretary came out and informed us that the Dean had decided we could use the room for our reception, but we would have to do the panel discussion elsewhere and then move the group to the ARC afterward. She explained that the policy for the room is to give the Alumni Association first priority, school-sponsored events (e.g. Moot Court) second priority, and student organizations last priority. The overall goal, however, is "minimal use," and dragging in tables and chairs for a sit-down event is not minimal use. We thought it over and decided it was too much hassle to prepare two rooms for one JUSTICE BROUSSARD event, with the likelihood that many people wouldn't bother to travel to the second LAUDS WORK OF HPILF room, so we gave up and held the event in the Old Commons. HASTINGS LAW NEWS End of story? Wrong. There's good news and bad news. Last week HPILF 200 McAllister St., SF 94102 by Steve Sphar (Hastings Public Interest Law Foundation) held its annual meeting in the ARC. The bad news is that there were tables, chairs, a podium: not your basic minimal use. (The Editor-In-Chief When Justice Allen Broussard of the good news: the two exceptions have been made for public interest law groups.) Karen WeDs California Supreme Court addressed the annual meeting of the Hastings Public Is Dean Prunty still trying to keep Clara Foltz in her place (and out of his)? Or is this Assistant Editor just another instance of the low regard the Dean has for students? Kids are allowed in Interest Law Foundation (HPILF)* on Peggy Mathieson the rec room, den, etc., but only grownups are permitted to use the front parlor; kids October 17th, he treated his listeners to just mess things up. The ARC is simply too good for the likes of us, I guess. Production Manager some personal reflections on how far That's OK, Dean. We're not going to sue anybody. it's not worth it. But if you civil and human rights have come in the wonder why so few Hastings grads join the Alumni Association, it may be because Erica Yew last few decades, and why the need for they too remember being treated like inferior beings while they inhabited the hallowed Staff Cartoonist public interest legal work is greater now halls of Hastings. Mark Segelman than ever. "Rather than give you the normal public interest law pep talk," the Justice began, "I would instead like to paint two vignettes with you." Justice Boussard FOreGIV£ ME, ｾａＱＧｾﾣｒＬ＠ U6'T WEEK:r 010 AN I At..<;o EXE.r.C\5ED proceeded to contrast two periods of his fOR:r ｈｾＢＮ＠ SINfoJ6D. ｉｍｍｏｾｬＮＮ＠ stXUAt.. AC,T M'1 'CO/J<;;'fI'tUT!ONAL- SINNtR! life which helped explain his personal IT:S S€£N -tWO W£EI:::S WI'tH M'1 wlFb'S gIS,eR. RlGt+TS AND VOTGD filR ｳＬｾｾ＠ｾｾ＠ (AS'T ｾｃ［ｓＧｉｏｎＮ＠ｲｏｴｓｏｾｅｏ＠ Sf NNGR.l commitment to public interest law. I M'1 N€IGHSOf!s NlDNf).t.LG / fEc<'!ARO Allen Broussard came to San ＧｦＨｾｇ＠ c{>:r ,uso gel' -m r-A't cisco from Louisiana in 1945. He ｜ＡＧｉＮｬｓＱｾｾＮ＠ BR.nTbt£R'S family came to join his father, who come west looking for employment opportunity the year before. Life in Francisco was relatively good World War II. The War produced jobs. Housing was cheap and due in part to the recruitment of residents into the armed forces, part to the relocation of the Bay Japanese population to int ..ｲｾＧＢＬＮＧＢ＠ camps. This vignette was one of and optimism. .IDee. NoV t984 Hastings Law News page 3 SETTING THE RECORD STRAIGHT Moreover, in response to the complaints simply come and gone like that. To il- that "the pie is too small," fund raising lustrate her pomt about the political by Hector J . Chinchilla plans have been devised to generate addi- nature of faculties, Professor Cohen tional money for spring semester ac- recalled a conversation she had in her tivities. third year at Hastings: a younger woman By now many of you may have en- One decision was to fund all qualify- Some claim that we have not kept our faculty member said that this school was countered a contorted view of the ASH ing organizations, to some extent. The promises, but our record will speak for the first place she had ever worked where budgetary process. In the guise of past practice of excluding politically itself. Others attack the dedication and there were no Christmas parties. In reali- pseudo-journalism, the di sgruntled have disfavored organizations went by the integrity of the ASH council members, ty, said Professor Cohen, there were perpetrated a disservice upon the student wayside. Other decisions included deci- but it is all too apparent that they kno\\ plenty of Christmas parties, but "we body. This article aims to set the record sions to allocate money so as to maintain not of what they speak. For if they did, weren't invited." straight. a balanced budget and to distribute they wouldn't make such empty accusa- In a discussion of trends toward The current ASH counci l inherited a funds fairly. tions. Still others question the wisdom of specialization among women students, dubious legacy. The prior ASH ad- Before any funds were allocated I ministration committed an error. It was the expenditures which are geared to Professor Nelken obseT\ed that it was a scrutinized each application individually. make the law school experience more too optimistic. Specifically, last year's salutary change to have slightly more Based on my assessment of each applica- bearable through entertainment and men than women in her mediation class ASH budget was approved based on tion, which included a review of line diversion, but I guess there can be no projections and expectations that didn't for the first time this year. In previous items, proposed activities, and the pleasing those who gripe just to hear years, two thirds of the students were pan out. Indeed , actual revenue fell a organization's track record (where ap- themselves yak. If they are so committed women. She is glad to see grOwing 111- couple of thousand doll ars short of the plicable), suggested recommendations to improving the quality of life for the terest in the course among men students. projections. As a result, not all the stu- were submitted to the ASH finance com- student body, why don't they lend a Professor Kaplan said that women dent organi zations received their alloca- mittee. The committee, composed of hand? The system is not perfect, and we used to specialize in family law, trusts tions. Since the system was based on a fo ur ASH council members and two at- are the last to claim that it is, but by the and estates, and community property, but first-come, fi rst-served basis, some got, large representatives, spent hours review- same token we have made and will con- today more women are taking tax law, some didn't. ing each application. The committee, as tinue to make progress towards maklflg criminal law, and litigation c1as e . Ac- As treasurer, I reviewed the records a whole, then recommended funding Hastings a more congenial and produc- cording to Professor Weisberg, however, and resolved not to repeat the errors of levels to the full ASH council. At the tive environment for all of us. women still outnumber men in classes the past. The solution was simple: base budget meeting 30 out of the 33 This is what the record shows. like Children in the Law. this year's budget on accurate and organizations addressed the council. responsible projections. My projections, Some slung mud, others just griped; but * When asked If women have to fit the based on past performance and an just as many recognized that organiza- * * corporate mold to succeed as lawyers, analysis of our current revenue tions had to tighten their belts so more WOMEN IN LEGAL Professor Kaplan said that the percen- generating acti vities and sources, reveal- could be served. The council ultimately tage of women making partner has not ed that ASH could reasonably expect to passed the budget by a resounding 4 to I EDUCATION been what it should be, but "my guess is receive just over $14,200 during the margin. A fairer distribution of ASH that things are changing for the better - On September 25, 1984, approXImate- course of the school year. About 500/0 of fu nds was achieved. Though no one got it is happening, but it will take a long ly 100 women students attended a recep- this total is to come from the incidental all they wanted, all got something. time." Professor Nelken said she wasn't tion and panel discussion on Women in fees each student pays when he or she The results were as fo llows: 33 even sure it IS happening, for there is a Legal Education. Panelists were Pro- kind of "corporate femini m" which registers, and the other half is to come organizations were funded, 14 of which fessors Margreth Barrett, Marsha from ASH revenue generating activities. were either new or previously not-funded causes women to try to make it in terms Cohen, Fern Kaplan, Melissa Nelken, of the traditional world, to try to be just The process continued. organizations. The amount of money and D. Kelly Weisberg. Linda William- like men. Professor Kaplan added that A fo ur page application for ASH directly provided to student organiza- son, Director of the Records Office, the big firms seek an institutional men- funding was developed a nd im- tions increased by 10% over last year's Angie Poole, of the Clinical Programs tality, selecting partners who fit the plemented. Detailed lflstructions were budget. In addition, a Special Events Office, and Sara Green, of the Place- mold, thus diSCrIminating agamst in- provided. In all , 35 applications were Fund was establIshed to provide addi- ment Office, also attended the event. dividuals. received. The total amount requested by tIOnal support to organizations in need. Questions were asked about the low Litigation is a very unpredictable the student orgamzations exceeded Under the current budget, organizations percentage of women faculty and the specialty, said Professor Barrell, and is $41,000. Obviously some hard decisions will receive all of their allocation; no likelihood of a female candidate for the "very bad for family life." Women she organization will be short-changed. had to be made. Sixty-Five Club any time soon. Pro- knew in practice were looking for jobs in fessor Webberg said she feels some- trusts and estates, business, and other what cynical about how long it will more predictable fields of practice. After All members of the Hastings community are encouraged to submit letters, articles, take for women to become an ap- Professor Barrell described a firm that announcements, photographs, and cartoons to the Law News. Materials must be preciable part of law school faculty worked out a special two-day-work-week typed, double- or triple-spaced, with wide margins. Please include your name, ｾｨｯｮ･＠ generally. In fact, it may take a long arrangement for a woman who had a number and locker number. Submissions may be placed 10 the Lan News box 10 the time, she said, as the pool of potenllal child, Professor Cohen said very few Student 'Information Center at any time. Tentative publication dates for 1985 are early women faculty is expanding only slowly. women, only la creme de la creme, ca.n February and early April. Profesor Barrell noted that there are command that kind of favor. ThiS more women professors here at Hastings means, she said, "you have to be beller than there are at many schools. than the others forever." JUSTICE BROUSSARD Commenting that women travel a Ultimately, as Professor Kaplan CONTI UED FROM PAGE 2 rockier road than men do, because pointed out, you have to figure out what faculties are political, Professor Cohen you want. "Life is full of choices - you The second vignette ｷ｡ｾ＠ one of op- tive waste dumpsite in New Mexico. said that many women faculty members can keep doors open as long as possible, pression and racism. The end of the war The Justice commented on the con- have come and gone at Hastings, but finally you have to choose. And you brought a decline in productivity and Job tlfluing need for lawyers and law without ever coming up for tenure, but, have to realize you can't be a perfect opportunity. A the area's residents tudent working for the public good. m contrast, she can't remember any lawyer, and a perfect mother, and a returned, housing became scarcer. More "Although we have come a long way young male faculty members who have perfect housekeeper, etc." often than not, blacks and other from many of the blatant injuMices I ex- minorities bore the brunt of these social perienced in my youth, the battle is far and economic changes. from over." Citing cutbacks in social "The killed jobs of carpenters and programs ｜ｾｨｬ｣ｨ＠ help the poor and bricklayers were not open to blacks, " the underprivileged, as well a con tant at- Justice said. " Blacks could not work as tack on legal eT\ ices, J u lice Broussard waiters in restaurants, though they could encouraged H PI LF members to continue wash dishes in the back, and hOllsing for their ,upport. blacks in San Francisco \\ a.> limited The Foundation appreciated Justice mainly to the Western Addition." Such Broussard's in. pi rational and challeng- VIVIAN CLAYTON PH.D. bigotry a nd discrimination inspired ing word HPILF has already received ucensed Psychologist (pt 7965) pledges totaling more ｴｨｾ＠ $6,000 for Justice Broussard to attend college and 540-7877 law school to gain the skills necessary to 1985 and has not )et held It annual on- effect change in an unjust world. campus membership pledge drive. The Justice Broussard remarked how im- succes of HPILF is evidence that some • S T RES S related to high achieVing IndiViduals are still committed to the ideals of Ju tice pressed he was by the speeches he had EAR of failure or success heard only moments before, by the reci- Broussard and to the goal that. omeday • F pients of last year' ｈｐｉｾｆ＠ grant. The only one vignette will remain, one of • F R E E Initial consultation grantees were Anna Casillas, who ｾ｡､＠ equ"a1ity and-opportunity. worked with a prisoners' rights orgaruza- tion; Katherine Gibleski , who used Ｎｨｾｲ＠ "The Hast/l/gs Public Interest LOI\" Founda- grant to start a women's outreach cliruc tion (HPILF) is not an ojfiCiul junction oj at the Community Women's Center 10 Hast/l/gs College oj the Low, does not raL"'f! Oakland; and Sheila Purcell, who ｾｰ･ｮｴ＠ jUllds jor its benefit, and is /lot slIbjl!l-t to liS last summer working to block a radloac- supen'lSio/l or control. page 4 Hastings Law News Nov./Dec. 1984 WHAT DO YOU DO WHEN YOU CAN'T KICK THE TIRES? SELECTING A BAR REVIEW COURSE by Karen A. Wells

I bought my Datsun B210 in 1978 because Consumer Reports rated that rowed, and location of the course itself model very higb that year on reliability, may be significant as well. Nevertheless, gas mileage, and other factors. I could in bar review courses, as in recent reel off a long list of other purchases and political campaigns and in advertising, consumer choices I have made with the style may signify all. ＬＮＮｊｾ｟Ｎ＠ 1'\U.A ｷＯｬｴＮｬ＾ＣｉｾＮｴ［ｬｵＮｊｶＮ＠ '"'I." invaluable guidance of Consumers In essence, how do you want to be ＢＢＭＢｯｊＨＨＮｴＭＢｉｉＧｃＮＮｃｾｌ＠ｃｾＧｪｯｦｯｊｬＮｾＨｶｯｾ＠ Union. If you too pride yourself on be- treated by the administrators and faculty '11..• 1"" ｃｾｏｉｃｾ＠ ,5 ing a responsible consumer, guaranteed of the course you take? Talk to represen- frustration awaits you when you try to tatives of the various courses, examine select a bar review course. Consumer the materials they provide (especially Reports doesn't, alas, rate such courses! their outlines, if any), attend any free lec- But how to choose? Like a good tures you can, and find out what stress potential lawyer, I perceive two prongs avoidance skills are taught. Your gut to this question: a subjective prong and reaction to the approach thus revealed is an objective one. Subjective prongs, like your best guide to how happy (all things constitutional issues, should no doubt be being relative) you will be during the avoided like the plague if one can rest a weeks you spend studying for the bar ex- decision on other grounds. Therefore, am. It is generally thought that some let's look first at the objective element of courses provide more structure than 8ea+elurrih others, so you should consider which ap- ｾＱ｢Ｙｬｾ｟＠ the choice. QIoII5£ f8 or. QIWH The objective prong requires you to proach suits you better. f# ｃｉ｜ｾＮＬＮＮｦｪｉｉｪ＠ ...ｾＯｉｩＺｉｲｦＢ＠ CIf._fi..... ｾＭＬＮＭ consider your personal strengths and I recommend that you also assess the of ＮｉｩｯｒｃｉＤＧ｜Ｇｬ｜ｴｉ｣ｵｴｾ＠ weaknesses. Many bar review courses administrative staff you have to deal G stress either substantive knowledge or with. Are they reliable? Do they come , I writing skills. The major courses - the through on promises? Is the office well -Pi.,. 011"./1_" P! ｾＡＮ＼ｴＮ＠ 'I General Motors and Ford Corporations organized? Problems in administrative ･ｴｵＺｵＢｬＧ｜ＩｾｅＮｰｷｬＢＢｾ＼ｩＧｏｊＢＢＢｎｕＮ＠ｩｲＺＧｾ＠ m;a- ' • I.4'TTVC1 ＮｃＮｾｕｳ｡ＮｾｕｩｉｯｃａｦＢＧｉｏｾＢＬＧｗ＾ｕｌｾ＠ t ｾ＠ＢＧｾａ＠ :ii of the bar review world - strive to services may reveal deeper problems in ｓｦﾣＧＬｾｾ＠ _ ... ＬＮＬＬｾ＠ｾ｟ＲＮｺＮｓ＠ __ 1.q,; :::'4 ,.• fir ｾ＠ , balance substantive and skills prepara- the organization as a whole. .. tion. If you are reasonably sure (but not Another subjective factor not to be ig- necessarily beyond a reasonable doubt) nored is the decisions of your friends. If that you need help in only one area, shop you want to study with a particular per- for a course that focuses on that area. son or group, the bar course decision CALIFORNIA BAR EXAM FACTS Such courses are the small cars on the needs to be a joint one. Timing of the The information presented here, compiled by BAR/BRI as a service to students, choice is not as crucial as you might bar review highway; nevertheless, they was accurate as of August 1984. may be both economical and reliable. think. Some courses allow you to make a small down payment, which entitles you For example, one of the attorneys who The California Bar Exam: worked for the law offices where I clerk- to receive certain materials and may ed last summer, a recent graduate of guarantee you a lower total price. You • Covers 12 subjects New College, swore by a purely local can, however, usually drop out later. Multistale and Essay Essay Onl), course which consisted entirely of writing The amount you forfeit may be no more practice. Such practice and the one-on- than you would have paid for commer- Torts (40 multistate questions) Civil procedure one feedback that went with it was exact- cial outlines. Practice what you learned Contracts (40) Corporations ly what that attorney felt she needed. She in Contracts: read the fine print of any Property (30) Wills reviewed the substantive law entirely on agreement you sign. Criminal law and procedure (30) Trusts her own. She also passed the bar exam The tough decision is not made easier Evidence (30) Community property on her first try. (Caveat: most people by the paranoia which courses through Constitutional law (30) Remedies who pass the bar exam the first time tend the veins and brains of law students. The to be satisfied with the bar review course best medicine (cure not guaranteed, • Tests general legal principles, primarily. Exceptions: evidence questions may require they took, so apply the grain-of-salt doc- symptom control possible) is to make the answers according to Federal Rules of Evidence; community property questions re- trine to offset the you-can't-argue-with- decision as manageable as possible. quire answers according to California law; some wills questions require answers based success syndrome.) Whcn you buy any product or service on on the California Probate Code. How do you know if you need writing a basis other than impulse, you sift the practice or intensive practice in answer- facts and weigh the circumstances, as • Is given on the last consecutive Tuesday, Wednesday, and Thursday of February and ing multiple choice questions on substan- Professor Forrester says. Find out as July each year. tive areas or both? You will probably much as you can about the bar exam (as know after two or three years of law soon as you can stand to think about it), • Has three parts (essay, multistate multiple choice, and performance) administered in school. Factors to consider include per- determine what your needs are, and look 3-hour sessions, as follows: formance in Legal Writing and Re- for the course that comes closest to search, results on midterms and finals, meeting those needs. Tuesday a.m. Essay (3 questions on any of 12 subjects) outcome of the interjournal writing com- Does all this leave you depressed? Tuesday p.m. Performance (writing project) petition, evaluation of your moot court Take heart. I have saved some good Wednesday a.m. Multistate (100 questions on 6 areas) brief, editorial comments on a student news for last. I recently attended the pro- Wednesday p.m. Multistate (100 questions on 6 areas) contribution to a law review, professors' fessional responsibility lecture provided Thursday a.m. Essay (3 questions on any of 12 subjects) comments on practice exams, and feed- by my bar review course, and - are you Thursday p.m. Performance (writing project) back on written work and substantive ready for this? - I enjoyed it. The lec- knowledge during clinical, externship, ture was well paced and interesting, with • Provides packets of cases and memoranda from a hypothetical file for writing pro- and law clerk experiences. useful and sometimes amusing visual jects, which may include an appellate brief, memorandum of points and authorities, Whether you opt for a single-focus aids. Indeed, most of the courses select office memorandu(l1, written closing argument, draft of discovery plan and inter- course or a comprehensive one, objective lecturers for their teaching ability, amaz- rogatories, trial brief, memorandum in preparation for client interview, etc. factors are less significant when it comes ingly enough. down to choosing a specific course over In addition, several lawyers have told ·Grading gives equal weight to the three parts, 600 points each. Passing score is 70010, another in the same category. Cost may me they enjoyed studying for the bar or 1260 points. be such a factor, but prices seem to be because connections and patterns emerg- very similar (that is, uniformly ed, providing a persepctive of the law • Results are generally announced 4 months after the exam. outrageous) among the major courses. If which escapes us during three years of you plan to take a course aimed at a bar necessarily disjointed attacks on small exam in another state, choice my be nar- bits of the whole. Actually, I can't wait. Nov .lDee. 1984 Hastings Law News page 5

Enroll in the California course by

JOSEPHSON BAR REVIEW CENTER OF AMERICA page 11 Hastings Law News Nbv./Dec. 1984 part-time jobs, including being an apart- One final tip: have your cascbooks' BOARD MEETING DO AS I SAY, ment manager, a part-time waiter, a bindings removed so you can carry CONTINUED fROM PAGE I faculty research assistant, and a law around with you just the few dOLen Director Jamison suggested that the NOT AS I DO! clerk. In addition to being a director of pages from each class for each week. Not students be put on notice that any stu- Hastings Alliance for Nuclear Disarma- only will your bookbag be much lighter dent lounge area would not be per- ｢ｾ＠ Greg Brockbank ment, I have also been very involved in and you won't have to waste time and manently dedicated as such in case an other extracurricular and non-school energy going to your locker several times opportunity to use the area more pro- When asked about my first year of law community activities. a day, but it's also easier to read from a fitably ever arises. school, I usually reply that I knew in ad- Obviously, all these activities hurt my few pages in a clipboard than from a vance it would be both tremendously ex- studying, my sleep, and other areas of huge heavy casebook. At Shaw's Print Hastings Child Care Center citing and tremendously difficult, and my life as well. Despite my own ex- Shop up one block on Hyde, they'll do yet it greatly exceeded my expectations perience, my advice generally is, unless this for you and then three-hole-punch A snag in the negotiations between on both counts. I'd been working f'Jr you need the money desperately, not to each page for only $2.50 per book. Aletha Owens, Hastings' General some years at a number of unsatisfying work at all during the first year at an out- Different people obviously have dif- Counsel, and Mike Trainer, attorney jobs, and when I finally gave up my ten- side job, and clear from your life all the ferent strategies for coping with the representing the Child Care Center pro year obsession with the theater and distractions that you can. You'll prob- pressures of law school - there is no bono, has caused further delays. Accord- decided to apply to law school ably need every bit of time and mental "best way." Some people emphatically ing to Ms. Owens, there was a (something I'd also always wanted to energy that you can give to your study- emphasize the need to keep up frequent misunderstanding as to when funds from do), I was so excited I couldn't stand it, ing, and any that is spent elsewhere will s6cial contacts, while others suggest that Hastings should be disbursed to the CCC because I knew this would be the greatest be regretted, as was mine. the only way to survive is to cut out all - immediately or only when the Center intellectual and academic challenge of I'd like to make some points about unnecessary distractions and lead a life moves to a new location. The CCC's my life. I wasn't disappointed. studying and study habits. I was deter- of austerity. Perhaps the best piece of relocation to 177 Golden Gate Ave. is There definitely seems to be some mined not to burn out during the first advice I can give you is not to hesitate in forecast to occur at the end of this year truth to the old saying that during the semester, since I'd heard that some talking to someone you feel comfortable or the beginning of 1985..... but only after three years of law school they scare you students do, so I experimented with do- with, if you have questions, problems, or that site gets much needed renovation. to death, work you to death, and bore ing as little as I thought was necessary to just something you need to get off your Dean Prunty responded to the fact that you to death, respectively. Now that I'm get by, and yet I still deluded myself that chest. Whether it's a classmate, a pro- the present Center only serves 6 children an "ancient" third-year student, I'll I could get an A on each midterm. But fessor, an advisor, a tutorial leader, or by pointing out that its poor structural pass along a few pieces of advice on how the cramming and actual examinations even a friend or family member from condition is "notorious" and "unaccep- one student has gotten to the point where themselves convinced me of my folly, outside school, just make sure you do it, table. " he can now see the light at the end of the and I worked much harder during the so that your inevitable concerns, prob- tunnel. spring. lems, and questions don't stay bottled up Alumni Affairs It is important to have a reasonable at- As for briefing, you'll hear many inside you and drive you crazy. titude about where you will wind up in times that you should fully brief every Past President Bill Smith announced your class rankings. We all did excep- case, but more and more students sooner that a new president, Dave St. Louis of tionally well in colle&e, getting mostly or later resort to "book-briefing" - If you would like to be on the editorial Fresno, has been elected to the Hastings A's, and naturally most of us start law merely making notes in the margins of staff next year, now is the time to show Alumni Board of Directors. Dorothy school with high hopes of getting mostly the casebooks - or even giving that up your interest. Applications are currently Collins, Director of Alumni Relations, A's here. The sad truth is that half of us as the weeks and the workload wear on. being accepted for editor-in-chief and announced that the office now has 3 full- will be getting C's, and we can't let that assistant editor positions. The current time employees and a full-time secretary. Avoid the trap of reading only the The organization will focus this year on crush us. This doesn't mean that we canned brief, as the canned brief often editors, who will all graduate in May, shouldn't keep our high hopes and try would like to train next year's editors by upping membership and creating new has errors and is of necessity simplistic, chapters. There are currently 14 like hell for A's, but we should also be and you may be called upon to answer a working with them on the two spring happy no matter how we do, as long as issues. If you are interested, leave a chapters, including ones in New York, question for which the answer is not in Denver and Korea. More student in- we do the best we can. Anyway, we all the brief. The main argument against message for Karen Wells in the Law know that many "A" students make News box in the Student Information volvement in alumni activities, such as canned briefs is that they deprive you of the Alumni Rugby team, and alumni in- lousy lawyers, and many "C" students the value of extracting the crucial Center as soon as possible. make great lawyers. Also, don't pay too volvement in student activities like the elements yourself. In my second year, I much attention to who talks the most in Law Revue are also goals for the coming never did find time to separately brief the year. class. Many of them will get C's, and cases, but I did book-brief while reading many of the silent ones will get A's. PS OVERNIGHT more slowly and carefully; I had a better Bar Results Finally, I firmly believe that there are comprehension of the cases and felt less TYPING SERVICE more important things than grades, and I guilty. even believe that many employers also The Board discussed concern over the Even more importal1t than briefing is discrepancy in bar results between Boalt think this. outlining. Early on I despaired of being If you are married, or living with and Hastings. Dean Prunty noted the able to comprehensively outline each someone, you may be worried about all spring exam results are not indicative of course, so I got together a study group, the stories that breakups are inevitable or Typing . - Word ProceSSing overall results and that Boalt, not being at least likely while you're in law school. like many others, in which we each took an urban school, serves a different stu- one course to outline and exchanged While there is undeniably a great deal of dent population. Dean Prunty suggested stress, I'm happy to report that my mar- copies with the other group members. In PERSONAL that better services to students, such as riage has become, if anything, even spring we didn't even do this, so I re- tutuorial programs and special bar stronger. Of course, a supportive mate is solved even more strongly to outline each & PROFESSIONAL grants, should be provided because course the next year. essential, but if he or she is not suppor- QUALITY SERVICE "Hastings doesn't render a service to tive, then maybe you shouldn't be with Perhaps the most valuable thing you students when it takes 3 years of their him or her in the first place. A mate has can do is to take practice exams. Copies lives and it ends in frustration." to understand that you'll be buried in of each professor's past exams are in the your books most of the time, and he or library, and by the last few weeks of each Expansion she will undoubtedly feel neglected at term at the latest you should be regularly Intelligent times and that he or she is carrying most reading and hopefully taking as many Hastings has borrowed over $2 million of the weight of the relationship as well exams as possible. Some professors have Educated Staff from Security Pacific to acquire the as the domestic duties. Just try to be provided their own sample answers, or at "west block properties" on McAllister open and talk about it, promise that it least a model student answer. Street. Negotiations are also underway will be worth it in the end, and try not to While it may sound like I did the bare between Hastings, Bank of America, the neglect your mate too much. minimum, and broke all the "rules" federal government and management To avoid excessive stress, use whatever against canned briefs and commercial LEGAL DOCUMENTS companies toward acquiring 100 stress-avoidance techniques work best outlines, I will say that while many RESUMES McAllister. for you - exercise, reading novels, go- students cut many classes and even stop- ing to movies, an occasional beer, ped reading most of the cases in some MULTIPLE LETTERS Center for Trial & Appellate Advocacy whatever - as long as you don't use it as classes, I was always too paranoid not to an escape by overdoing it. This is read every single case and attend every The program, now headed by Judith especially true if your release is one that single class and tutorial group, so I did. Kilpatrick, was announced by Director is destructive to your mind and/ or body, Take advantage of the tutorial groups, JamIson to be both financially succe sful such as drugs or excessive alcohol. I'm a which give you an invaluable perspective and well attended. The program involves runner, and while running is great to and review from a student who has just both civil and criminal litigation and is clear your mind for a little while and to been through it, usually with the same Civic Center Location offered yearly throughout July and keep your body strong and your mind professor. 234 Van Ness Avenue August. The competing program at sharp, it's easy to even use running as a The biggest mistake I have made has Boalt was described by Dean Prunty as time-consuming escape. been not making the time to do periodic Suite 103 431-5250 not up to the quality offered by Hastings As for working at an outside job, I'm reviews of class notes. This keeps the San Francisco in faculty, program and facilities. a good example of what not to do. Most material all fresh and in perspective and . The next open meeting of the Board i of the time I have had four concurrent cements it in your mind. scheduled for December 14, 1984, during finals. ｎｯｶＮｬｾＮ＠ＱＹｾ＠ • Hastings I;aw News page 7

ATTENTION FIRST AND SECOND YEAR STUDENTS

FREE LECTURES

at Hastings

CONTRACTS: Professor John Moye, National Faculty. (Video) Saturday, November 17, 9:30 am - 2:00 pm Room B. CORPORATIONS: Professor Steven Hirschtick, Loyola. (Video) Saturday, November 17, 9:30 am - 4:30 pm Room A.

These fall showings will be a preview of more complete first and second year programs to air in March and April of 1985.

GOOD LUCK ON MIDTERMS AND FINALS!

Sincerely,

Sue Spehek, Registrar AI Spehek, Director - Northern California Jack R. Goetz, Esq., Executive Director - Western States

ooobnBAR REVIEW 352 GOLDEN GATE AVENUE HASTINGS REPRESENTATIVES SAN FRANCISCO, CALIFORNIA 94102

Class oj '86 Class oj '87 Donna Cole-Wallen Lizbeth P. Carson ••••••••••••••••••••••••• Rebecca J. Davis Michael J. Cronen David F. Feingold Stuart A. Hanson Carol Ann Ficksman Kathleen McCarthy :e rooobnIA .. "EVIEW :e Henry E. Fink James P. Mitchell Jana M. Kurka Megan Wagner • • Douglas H. Morseburg Sandy J. Weiner : $100.00 Discount : M. Aurel Navarro Eric R. Wildgrube Lucy Reckseit • • Kenneth W. Rosenberg : Coupon : Edward Shaffer Nora I. Tu • • Geoffrey K. Willis • Early enrollment discount deadline extended to • • November 21, 1984 ..... lth this coupon. ,. David S. Yost , •••••••••••••••••••••• page 8 Hastings Law News Nov.! Dec. 1984 because enforcing is needed now to keep To prepare for a career in labor law, pointees tend to treat clients or defen- NO EXCESS women in jobs, whereas a few years ago Baker recommended taking labor law dants as human beings, with humanity CONTINliED t'ROM PAGE I the struggle was to get women jobs. She classes and working at the National and ｲ･ｾｰ･｣ｴＮ＠ She contrasted that with the lawyers, but as long as there is one per- observed that it is harder to fight the Lawyers Guild Workers' Rights Clinic. story of a somewhat messy child custody son or group who tyrannizes, there is yet discrimination you face once you're in dispute in which a Governor Reagan ap- work to be done toward the ultimate a job. INTERNATIONAL HUMAN RIGHTS pointee spoke only to the lawyers and within the hearing of the clients called goal. Today, noted Dunlap, progressive Kurtz recommended that students in- Kathy Berke of Human Rights Ad- them "animals" and warned the lawyers lawyers once again must struggle for a terested in practicing employment vocates described international human to get their clients in line. legal revolution in a time of retreat, discrimination law take advantage of rights as a defined body of law whose There has been a negative reaction in defeat, and disarray. clinical and work study opportunities core document is the International Bill of some communities against certain Brown In using the law to effect social and include in their curriculum courses Rights. Forums for individual rights are appointees. Recently, an unusually ag- change, Dunlap said we must remember in employment discrimination, labor distinct from those forums like the Inter- gressive effort has been made to defeat that legal analysis is like an eggshell, at law, administrative law, federal courts, national Court of Justice which handle judges in elections, often by the local best. The shell - legal analysis - is of evidence, and civil procedure. only disputes between governments. In- no use in itself and is not particularly ap- dividual petitions are taken by st.Ich district attorney. Hispanic-surnamed pealing. But what is inside is life; legal LABOR LAW forums as the United Nations Human judges have been under particular fire, especially in Fresno county. Evidence of analysis only holds life. "Don't forget Rights Committee and the Organization the life surrounded by the shell. There is Phil Horowitz, Priscilla Winslow, and of American States, if the government racism was also found in a recent cam- a delicate, precarious relationship be- Andy Baker provided insight into several involved has rati fied the International paign against Judge Ramsey, a black tween the shell and the life within. Break aspects of labor law. Covenant of Human Rights. Recent peti- judge in Alameda County. Judge through the shell," Dunlap urged. Horowitz is an attorney for a small tions concerned the U.S. bombing of a Ramsey won by a slim majority. "Break through the legal analysis into San Francisco firm which specializes in Grenada mental hospital and raids by the The panel also discussed the status of the life it contains; don't be satisfied with the relatively new labor law area of U.S. Border Patrol on migrant workers. the State Public Defenders Office. Originally created because of the poor a mere shell. And don't get arrogant wrongful discharge actions. California is One such raid resulted in the drowning about your ability to handle the eggshell; one of approximately 10 states which take of a migrant worker. quality of appellate briefs, at its peak the P.D.'s office was staffed by 150 lawyers retain your awe of the life inside. Respect the position that employers can't pro- United States courts are also forums your clients." _ mise continued employment to a person, for individual cases where jurisdiction is and handled 50OJo of the state's criminal The workshops which followed the and then, many years later, change their obtainable. Two South American im- appeals. Political control and drastic keynote speech enabled students to hear minds with no reason. Only one third to migrant families have sued other im- budget cutting has reduced the agency to about the practice of public interest law one half of the states permit employees migrants residing in the U.S. who had 50-75 lawyers and to an existence of in a variety of contexts. Here are to sue on a wrongful discharge theory, tortured their family members while in "bureaucratic self-protection." The highlights of several of the 19 sessions: however. South America. A Paraguayan family political reins on the agency (e.g., "Get "You sometimes wonder how effec- sued in tort for a violation of interna- somebody else off, and we'll decrease EMPLOYMENT DISCRIMINATION tive you are," said Horowitz. "For every tional law for the torture/murder of your funding. ") have severely affected one client you represent, there are many their sister and father. Although the tor- the quality and quantity of the agency's Panel members were Judith Kurtz others who are mistreated and won't be turer was subsequently deported, output. (Equal Rights Advocates), Anne Bran- represented. You hope employers will precluding collection, the judgment of don (Department of Fair Employment clean up their acts and think twice about $10.4 million is considered precedent- WOMEN'S RIGHTS and Housing), and Pat Nieuwenhuizen firing people." setting. Heidi Strasberger of the Child Care (Hastings student, coordinator of Bay This kind of work requires the at- Lee Halterman, of Congressman Ron Law Center began the workshop on Area Sexual Harassment Clinic). torney to be something of a psychologist. Dellums' office, described the lawsuit Women's Rights by pointing out that Brandon began with a description of Losing one's job is a shattering ex- that office instituted under the Ethics in "Women's Issues" encompass almost the formal complaint process. She noted perience, threatening one's sense of value Government Act, alleging violations of every substantive area of the law. Find- that 200 cases are filed each year in the to one's family and to society. The at- domestic and international law based on ing no one area particularly interesting, two Bay Area DFEH offices, which are torney must understand the client's suf- U.S. activities in Central America. The her philosophy is that you can either pick staffed by eleven fulltime attorneys. The fering. Attorney General's office has twice been work is time consuming, she said, involv- Baker, an NLRB attorney, said that ordered by the Federal District Court to an area of the law and apply it to ing a lot of investigation, discovery, and 6OOJo of National Lawyers Guild labor appoint a Special Prosecutor to in- women's rights or pick an issue and pur- administrative hearings. law attorneys are working in the public vestigate these allegations. As of sue it through relevant areas of the law. Kurtz discussed the damages available sector. He believes the government is a September 22, 1984, the government's Several legal issues predominantly af- to plaintiffs in state court as opposed to good place to get training and experience appeal had been pending before the fect women. In this era of the feminiza- federal court; state courts are more likely in labor law. "Labor law is exciting," Ninth Circuit for three months. tion of poverty, it is forecast that by the to award punitive damages and compen- said Baker, "because there are two sides, Advice to students included: volunteer year 2000 the nation's poor will be ex- satory damages for pain and suffering. management and labor. The NLRB is in this area; subscribe to the Human clusively women and children. Welfare The attorneys in her organization do supposed to be neutral, but both sides Rights Internet Reporter, which lists job rights will therefore become exclusively a more work now as enforcers rather than see it as a villain. The good part of being openings; read Guide to Interna- women's issue. In addition, several legal issues arise out of women's position as changers, both because of the attitude of with the NLRB is that you're not a hired tional Human Rights Practice, edited by the current U.S. Supreme Court and gun. " Hurst Hannum, University of Penn- the primary caretakers of children. The sylvania Press, $12.95; and/or apply to lack of child care centers creates unequal the Law Students Civil Rights Research access to jobs. Because many women Council in New York, which funds new give free care to children, child care LOOK! IIERE'S A LET1t:R I individual projects as well as ongoing workers often receive minimal compen- GOT fROM HI{ LAWYER FRIEND. ｗｈｾｔ＠ A SHAM!:! sation. Finally, incarcerated women face ｇｒｾｄｕａｔｅｄ＠ programs. ACTUAlL'(. HE JUST HE SA'15 HERE 1ltAT an uphill battle in maintaining relation- fllOM LJ..W 5CHOOl. HE LOST",5 nRST (A5E. .. ships with their children and in opposing POLITICS OF LAW IN CALIFORNIA termination of their parental rights. Linda Kreiger of the Employment A 3-member panel described the Law Center stated that economic issues "political landscape" of the judiciary are women's issues and that the more since the spate of appointments during blatant forms of discrimination have the Brown administration. Brown ap- evolved into covert activities. These in- pointed 843 judges, more than anyone clude sexual harassment, pregnancy had ever appointed anywhere. He ap- discrimination, pay equity/comparable pointed 138 women, 84 blacks, 65 worth, and pink collar ghetto practices Hispanics and 30 Asians. Included (low pay, non-union, no fringe benefits, among the Brown "firsts" were his ap- forced part-time, and substandard con- pointments to the Supreme Court: Rose ditions). Sex discrimination remains bla- Bird, first woman; Wiley Manuel and tant in untraditional jobs for women Allen Broussard, first blacks; and Cruz such as skilled labor and apprenticeship Reynoso, first Hispanic. Brown also dip- programs, and in ｩｮｾｵｲ｡ｮ｣･＠ company ped into such undertapped legal and department store hiring and pay resources as legal aid organizations, practices. ACLU, the National Lawyers Guild, and For law students interested in practic- the gay community. ing in these areas, the general consensus The group discussed the impact of was that students should avoid isolating such appointments on the local level. themselves, especially by getting carried Carol Strickman, who handles low in- away with studying. Students should get come clients in minor criminal and fami- practical experience by joining student or ly law cases in Alameda County, community groups and by choosing reported that there is often a noticeable courses that teach skills. Finally, students difference in a courtroom presided over should make contact with local members by a Brown appointee. Brown ap- of the network of feminist lawyers.