<<

The Justinian Volume 1984 Article 1 Issue 1 February

2018 The uJ stinian

Follow this and additional works at: https://brooklynworks.brooklaw.edu/justinian

Recommended Citation (2018) "The usJ tinian," The Justinian: Vol. 1984 : Iss. 1 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1984/iss1/1

This Article is brought to you for free and open access by the Special Collections at BrooklynWorks. It has been accepted for inclusion in The usJ tinian by an authorized editor of BrooklynWorks. et al.: The Justinian

The cries ofkeen competition, sharp rivalry and overcrowding are neither new nor uni­ que to the practice 0/ law. -Justice Edward A. Lazansky, Justinian, Justinian December 15. 1931

Vol. XLIV Tuesday, February 14, 1984 No.6

ACTING DEAN TAKES OFFICE WHO DID WHAT TO WHOM?

By BrWaet Asaro istrative position for next year. "That By Michael S. Schreiber academic year's required flfSt year courses, would mean adding administrative posi­ only five failing gra9es were returned. Professor Stacy Caplow has been ap­ tions. '" she said. Second year ·students, registered in 'Pro- In addition, the 28 other classes reported pOllned acting Associate Dean filling in for Dean Johnson is currently filling in for a fessor Henry Mark Holzer's fall semester, only 24 grades in the 60's.. This is an average Dean George W. Johnson III. who is professor on leave from NYU as a full-time 1983 constitutional law class have received of less than one grade below 70 per class, presently a visiting professor at New York visiting professor of first year property. the lowest grades Holzer has awarded in his and many professors handed out no grades l J niversity Law·School. According to Dean . 'This is a pleasant sojourn because the twelve years of teaching at Law below 70. By contrast, Holzer gave out 22 .Johnson. he "had accepted this visiting ap- phone doesn't ring as much," he said. Dean School. The class received 40 grades below grades in the 60's. Togethl)r with failing Johnson is still teaching one course at BLS. 75 (unsatisfactory), including seven grades grades, Holzer gave more grades below 70 Land Use II . below 60 (failing). Though students plan to than' were given in thee other classes com­ One of the projects Dean Caplow plans meet to determine whether and how to pro- bin~._ - -- to coordinate includes a "comprehensive test thi graqe.s. Stacy Caplo.wr :ctlhg - Approximately 74070 of the grades in review of various policies concerning Associate Dean, said "presumptively, Holzer's class are below 80. By comparison. registration. tuition. and examinations. nothing is going to be done" by the ad- only about 12'10 of the grades were below because a lot of what's been happening has ministration to alter the grades in Professor 80 in Professor Meehan's trusts class; the been what I call the common law of the Holzer's course. lowest was 71. Professor Jerome Leitner, administration. A lot is done more on the What has offended students most is the who gave more grades in the 60's (five) than nature of precendem rather than on a policy extraordinary number of unacceptable any faculty member except Holzer,gave that people are aware of in advance." "A grades given by Holzer as compared with grades below 80 to only about 19'70 of his main problem, it seems to me. is that no other professors. Holzer'S grades included wills class. one knows· what 's going on." she said . 22 grades in the 60's (59 is failing) . The At the other end of the scale, only six There are two types of problems in Dean most common of the 72 grades given was students. or eight percent of Holzer's class Caplow' view : one concerns st udents who 68. The class average was 72.7. received grades above 85 . Associate Dean want to make exceptions to those policies, Though Professor Joel Gora and Dean George Johnson awarded grades above 85 and the other concerns opposing views on Emeritus Raymond Lisle have not, as of to more than 33070 of the students in his how to handle the same problem. Although this writing, posted the grades for their con- legal process class. Professor Saney gave ~he agrees that some problems must be stitutional law class, it is possible. by com- grades above 85 to more than half his resolved on a case-by-case basis. she paring Holzer 'S grades to those received by criminal law class. . believes there are some recurring problems students in other courses, to give an ap- Stude'nts who failed Holzer'S class were \ctin~ <\ssociate Dean ( aplo" which would be better settled by established proximate idea of how low Holzer's grades notified of the bad news via ietters mailed pointment before Dean Trager picked his policy. Examples of some of these policies really are. to them by Acting Associate Dean Stacy cabinet." bu t Dean Trager agreed to give include a waiting list for courses that are As of this writing, faculty members have Caplow. The letters further informed him relief for this semester. closed out and preferrential treatment of posted their grades for 28 day and evening students that "(s)ince passing Constitution­ Dean Caplow said that she was probably night students for registration of evening courses. This number excludes legal writing al Law is required for graduation and since chosen to fill in for Dean Johnson because courses. She sees these problems as being and research courses . it is 'a prerequisite for so many elective while she was on leave for a year and a half. "easy to correct." In those 28 other courses, only two fail- courses. you may prefer to register for that "my entire job at the DA was admin­ Another project Dean Caplow plans to ing grades were handed out, both of them course this semester rather than waiting un­ istrative. therefore I had administrative ex­ undertake is a review of grading disparities in Professor Gerard Gilbride's contract til next spring. " perience." Dean Caplow said that as far as between first year sections. class. as compared with seven in Holzer's Students who failed the course may she knows Dean Johnson is only on leave There are no plans to further expand constitiutional law class. According to elect to retake it with Holzer or with any for this semester. and that she does not Continued on page 6 unofficial figures, in all of the 1982-83 Continued on page -# know if she is slated for another admin- FORBES .. .AND THEN EQUAL TIME FOR TRAGER THERE WERE OFFICES by SteYeIl DIe• • dell a report to the school on a vartety of sub- ______jects. In early January, Mr Grossman met In response to a recent article in Forbes those which will provide · much needed The smoking room on the first floor of with Dean Trager, Dean Johnson and Pro­ magazine concerning BLS's financial af­ space. and to avoid the "coming crunch ." the library has been the scene of chaos, con- fessor Levy to discuss what was thought to fairs Dean Trager expressed his displeasure "The school has no shareholders. Where fusion and construction early this month as be the major problem in that report. the with the article's slant. Trager called the else should the profits go?" He also noted the administrative staff of the library seeks problem of space. The library had wanted piece "unfair" in its portrayal of BLS as a the irony of Forbes. the "Capitalist's new space to ease its overcrowding. more space for some time. Professor business. "We don't turn a profit on tool." taking a derogatory view of anyone's Although the construction came as a sur- Levy's plans called for the addition of st udents' tuition .." emphasized Trager. profits. prise to the student body, it has been in the several secretaries and a joint JD/MLS planning stage for some time. (Master of Library Science) LO the staff, but rhe article appeared as a small portion of Adressing the thrust of the larger article In an interview granted to the Justinian. the already-overcrowded office conditions a larger cover story which discussed the in­ on problems facing the legal profession. head librarian Charlotte Levy stated that made this impossible. The problems (Teasingly competitive legal job 'llarket. Trager reiterated his belief in the impor­ the library had obtained the services of an became more acute when the library was Trager admitted that the figures cited in the tance of strengthening ties with BLS alum­ outside expert for advice on its problems. designated a repository for federal article were generally accurate. but asserted ni . Trager also seeks to improve the Place­ The expert, George Grossman of North documents and the government printing of- that they were presented in a biased fa­ ment Office's resources. but considers the Wester, allegedly the country's leading fice inspector began pressuring for add i- ~hion . Although the major article focused Alumni Association "our ace in the hole." authority on libraries. submitted tional staff. Present plans call for the new nn problems of the legal profession as a Trager does not consider better public 4 whole Trager was iritated that BLS had relations as a way to avoid this sort of bad been unfairly si ngled-out from other la", press in the future. He prefers the type of ,c hool ~. For example. the reported public relations generated by "substance. $240.llOO that BLS earned last year from the not hype." He mentioned with approval the " Ooat" on tuition (ie. the tuition paid in story reported by the Sunday Oklahoman January earns interest as it is not used until about Professor Bentele's constitutional law expenses become due over the next everal cia s's successful petit.ion for certiorari to month~) i~ less than that of other hools. the Supreme Court. Trager stated that students at Fordham When asked whether BLS is planning Law School. for example. are required to to take any legal action against Forbes, pay tuition two month earlier. Thus. For­ Trager replied. "I'd like to sue. but wisdom dham's Ooat earns more. teaches it is best to try to forget about these things. Pursuing it only adds to the pro­ When asked what the school does with its blem." profits. Trager replied that profits are . used Continued on page 6 for major capital programs. particularly Smoking room under construction on Jan. 30 Published by BrooklynWorks, 2018 1 2 • JUSTINIAN • Feb. 14, 1983 The Justinian, Vol. 1984 [2018], Iss. 1, Art. 1 LE'19 IERS

Justinian I To tile CoMecdn: after the ministerial, though now dread, I am writing this letter both as an BROOKLYN LAW SCHOOL statute of limitations had come ringing 250 Joralemon Street, Brooklyn, NY 11201 apologio pro vida sua and as a sincere ad­ down. (This wasn't lost on the Corporation Telephone: (21?) 780-7986 monition to those who may need it. Counsel's office when they filed their When I was a student at Brooklyn Law answer.) Editorial Collective ... Bridget Asaro, Steven Eisenstein, School, I listened to Professor Farrell lec­ There are many who view such tales of Risa Gerson, David Howe, Adam Pollack, ture on statutes of limitation and pleadings woe as nothing so much as evidence of my deadlines and other such matters. While be­ own hapless negligence and such is without Michael S. Schreiber, Allan Young ing entertained, I confess that I relegated doubt so. I recount them however, in the Ad Manager .. . Lee Rubenstein these matters to the ministerial realm of ad­ hope of making a further point, often lost Photography ... Allan Young. ministrators and clerks-of scant concern on those who have spent most of their lives to one who busied himself with matters in the relative safe and friendly world of Staff ... Ron Kaplan, Kinnet McSweeny, Jonathan A. Murphy, more lofty and profound. academe. David Neibauer,' Soott Pollock, Philip Rheinstein, Upon graduating, I began studying for There are places in the world, the State Phil Russell, Nina L Sturgeon the bar exam. It was one night at the bar Supreme Court and the Board of Law Ex­ review course when various people were aminers to name two, where kindness and Contributors ... Marla Bloch, Geraldine Zidow commenting about having received their ad­ sympathy are subsumed within a structUf( mission tickets from Albany that I blithely of absolutes. Absolutes don't come in thl inquired as to when the application forms form of empathetic or helpful professors Editorials eKpress the opinions of the Editorial Collective were due in. My inquiry was met with para­ and deans. They don't request and then al­ Copyright 1984 by The Justinian lyzed silence. for indeed the date the appli­ low for notes from physicians or dead car cations were due was then a week passed. batteries or affidavits from employers. As one long accustomed to seeking out the They have no particular interest in one's back door or the porch door or an open success (or failure for that matter). They are window when finding the front door numbers. Their significance is in quantity locked. I immediately sought a way to take not aspect. They provide a brutally simple s ·· the bar through appeals to the partial and means of selection-adherence of non­ impartial both. Neither humility nor de­ adherence. EDITORIALS speration nor in fluence were to any avail. Those who have spent time in the No late application would be accepted. Not military, the priesthood or simply the work­ this day nor any other. aday world view this with no surprise. After resigning myself to taking the next Those who have dealt principally with YET ANOTHER WALL scheduled exam, I was, among other things, schools or just happy circum$tances and helping to prepare an action that a family It happened so quickly that not even Nick at the front desk knew what was going on. The luck might believe that their own good member was pursuing against the City of BA was caught by surprise also. On Monday, January 30 a construction crew swooped heart or the good hearts of others will see New York based on a traffice accident. The down upon the library's smoking room and by the end of the day had converted some of them through. Let them know that there notice of claim had been filed within the the choicest real estate on the ground floor into three unsightly pre-fab offices for the comes a point in public affairs when one is ninety day period and the complaint needed library staff. either in or one is out. 'This cold steely to be served within a year and ninety days Although seating capacity has not been reduced, students will find elbow room truth, which the good professor Farrell has of the accident. I offhandedly assumed that omewhat condensed. In addition, smokers and non-smokers alike will discover that one of sought so long and hard to propagate, may if the accident was on April I , such day was the best reasons for ground ' floor study-to peruse the passing crowd-has been be disdained only at one's own peril. on July I. The obvious fact that all months eliminated. We are reminded by our property professors that New York recognizes no im­ Name withheld don't have thirty days only occurred to me plied easement of light or prospect, so why bother griping? Because the latest alteration points out two problems at BLS : our critical space shortage and the continuing practice of The following leuer was sent 10 Forbes tinuing my work at night to earn a living). the administration to embark upon major undertakings involving tens of thousands of dol­ magazine wilh a copy forwarded 10 Justi­ The " money machine" which you refer to lars without prior consultation with the students' representative organization, the SBA. nian: responded by increasing my scholarship su It's probably a good sign that Brooklyn Law School has grown rather big for its britches Dear Sir: that l could make the change. In my last and is straining at the seams to accomodate a staff and student body in the very pink of I ·was absolutelv shocked at the article year uf law school my wife gave birth 10 our health. The on-again off-again saga of the acquisition of Republic Bank only serves to re­ contained on page 77 of you~ January 16, wn. Thi~ placed an additional financial mind us of how long we've foreseen problems such as the one which forced pre-fab con­ IYH4 issue regarding Brooklyn Law School. burden on me. Brooklyn Law School wa~ struction in the library and last summer's elimination of 400 square feet of student lounge I hardly know where to begin to express my responsive-they increased my ~cholarsip - space for the construction of third floor offices. And now that new room 304B has been oc­ disagreement with what you have said. the 10 IOOltfo and gave me a "job" in the library cupied by the Alumni Office, one wonders where next year's on-campus interviews will be innuendo contained in your article. and the where I could do the legal research which I held. Perhaps in trailers parked on the plaza? BLS cannot afford to let precious months anger which I feel as a graduate of the law wuuld have 10 ·do in any event for my edu­ slip by without more vigorous efforts to expand the physical plant rather than carve up the ~chool a~ a consequence of your maligning cation. The re uh was that I made a net existing one. the institution which is truly re ponsible for prufit from this "money machine" which i The second problem is less pressing but no less compelling. This administration appears my having had the opportunity 10 obtain a in bu ines~ solely to ell legal education. to be full of surprises. The summer firing of Dean Kerman and Marvin Diller may have set legal education and consequently 10 serve Without the under tanding and compassion the lOne . The hasty release of information to applicants, but not to current students, about my government for fifteen years in various uf Brooklyn Law School and without a a new and costly Merit Scholarship program is another case in point. The $15,000 "tem­ position~ including General Councel of the ~c hool which had a night ession so that porary"structure in the smoking room is only the latest change which Dean Trager simply United States Civil Service Commission working people could pursue their educa­ characterizes as "a little thing" needing no notice to the stutlent body or consultation with and 10 practice my cho en profe sion. Let tion. I would not have become an attorney. the SBA . me try 10 express some of my feelings by Upon leaving Brooklyn Law School I uch administrative discretion may have it place in the labor market or in public educa­ concentrating on the sentence in your art i­ went 10 work for the government and pent tion. but it becomes cavalier in a private chool whose students pour $7 million a year into de that Brooklyn Law School i~ an in titu­ fifteen year of my professional life serving the institution and who are deeply affected by these "little things." lion "in business solely to ell legal educa­ the public. I believe that the public wa~ tion benefilled by the ervice~ which I rendered. When I graduated from the 'ity College ThaI public benefit would not have been of New York I determined to go to law pussible except for Brooklyn Law Schoul. HOLZER'S CURE FOR ,chool. Having scored high mark~ on the Needle s~ to ay my own career and profe~ ­ LSA T and having been a member of the si on would not exi I today except for bu ine s~ chool honor fraternity and ac­ Brooklyn Law School. I am sure that you MEDIOCRITY-FAILURE counting honor society many law schools can realize that my view of Brooklyn Law Professor Holzer. in his interview with the Justinian , conveys a sense that standards in were available for me to choose from. I School i~ I HO ° different from that con­ the law school are declining and he had no choice but to grade his constitutional law exam elected Brooklyn Law School for two tained in the article by Jill Andresky. The the way he did . failing even tudents and grading 40 exams unsatisfactory (less than 75). rea on~ : a) they had a night e sion and I writer of the art icle I am sure did not bother We think Holzer's actions are misplaced and directed at the wrong students. had to work during the day: and b) at $I!l a 10 interview people like my elf to gage our National attention has been focused on the apathy of modern law students. ca ual class credit they were les expensive than the thought about our chool. I hope that you attendance in law chools across the country. and the narrow thinking which pervades the other schools in the New York area and Ac­ will take cognizance of the above thou~ht ~ minds of the vast majority of law students. Such problems are all too true. and Brooklyn is cordingly affordable to one who was mak­ and print an appropriate apology setting not immune to them. ing a salary of $60 a week . Atthe en: of my forth the benefits to our society and the However, there are some students who truly want to learn, who are not afraid to choose first year at law chool I got married. This benefit~ 10 individuals which an institution courses that are known for hard work, taught by professors who are known to be tough affected my financial ituation as I no like Brooldyn Law School has been and graders. Henry Mark Holzer is one such professor, and the Justinian commends his longer lived with my parents and had a wife continues to be re pon ible for. superior teaching ability and obvious dedication to high tandards of learning. But by to support . The in tilUtion which you Very truly yours. punishing tho e students who, through their choice of professors, made a genuine effort to characterize as "in bu ine olely to ell Carl 1- . Goodman learn, Holzer i in fact encouraging the mediocrity he so dearly wants 10 abolish. Actions legal education" took account of this like his will not care tudents into producing better work. they will merely scare tudents change in financial condition and granted Dear Mr. Ei enstein. into avoiding his cour es at any cost. If Holzer is genuinely concerned with raising stand­ me a partial cholarship 0 th at I could af­ Bravo!-For your review of "Yentl" in ards at Brooklyn he should work with the administration to implement a policy across the ford a legal education. year later having the Jusrinian- I couldn't agree more-and board 0 that n o one particular group of students is punished by one professor's higher determined to pur ue the law a my life' I am a Streisand fan . standard . Holzer's grading policy smacks of biting one's nose to spite one's face. profession I transferred to day session (con- Dr. LaDoux https://brooklynworks.brooklaw.edu/justinian/vol1984/iss1/1 2 Feb. 14, 1983 • JUSTINIAN • 3 . AND THEN THERE WERE et al.: The JustinianRULES OF (DIS)ORDER _--=-~_.y_GInN H--=-O_T DOGS Food Concepts Inc., the company that Brooklyn Law School's Student Bar The Board of Officers discussed Phi has been running the basement cafeteria Association (SBA) Board of Officers met Delta Phi's request for SBA funding of an concession at 'Brooklyn Law School for the on February 2 and voiced their desires to event to show a video tape of a legal ethics past five years, has had their contract regain waning authority and introduce discussion. SBA funding of Phi Delta Phi renewed with the school until June I, 1984. decorum at general meetings of the House events has been refused in the past because At that time, according to Deall of Students of Delegates. the fraternity served no immediate purpose Robin Siskin, the school will either Problems with behavior at meetings arose to the Law School community. Dandridge renegotiate a new contract with Food Con­ at last month's meeting when Delegate said that in this instance, Phi Delta Phi cepts, or negotiate a contract with another Stuart Diamond contested the manner of would be offering something to the student company. passage of an SBA resolution condemning body and that the fraternity's proposal Siskin told the Jus/inion that the five­ the United States' invasion of Grenada. should be considered like one made by any month .contract renewal was negotiated, President Mary Malet felt that the name other school group. "to give Food Concepts an opportunity to calling at last month's meeting was "totally Phi Delta Phi's request ' was not well­ demonstrate that they can give the school bizarre" and intolerable, and Vice Presi­ received. Greeble was emphatically op­ the improvements students, staff and facul­ dent Mitch Greeble said that once the posed to the idea and expressed the senti­ ty desire." The terms of the contract are members of the House of Delegates stopped ment that the SBA 's budget is just too tight. essentially the same as the old contract acting like "spoiled little brats" internal Secretary Lisa Heide Gordon suggested that which operated under a profit and loss ar­ disagreement between members on topical Dean Trager's "petty cash slush fund" rangement: the school gives the cafeteria and procedural issues could be controlled to should be available for the fraternity event, the space rent-free, and the cafeteria allow the SBA to conduct its business pro­ not SBA money. management operates it to make a profit. perly and effectively. Although the Officers SBA's budget received much attention at Siskin said that, "Our concern is not to acknowledged that the Grenada issue was the Board of Officer's meetirig. Dandridge make money, bu t to provide students with irrelevant by this time, they did express con­ reported that the SBA was not in financial Other changes include an agreement that the best possible food at reasonable cern about the recurrence of similar pro-' trouble at present due to the recent influx of the cafeteria staff will bus the tables more prices." To that end, Siskin negotiates with cedural problems money from the book exchange. He recog­ the cafeteria staff when they set new prices frequently every day and that Food Con­ The Officers attributed the SBNs interna­ nized that this flow of money will eventual­ each year. cepts. rather than the school will provide tional disagreements to the lack of an SBA ly stop and advised the Officers to be The most notable change in the contract liners for the trash receptacles. member proficient in parlimentary pro­ cautious with SBA spending. Dandridge Other changes that have been im­ is the requirement that Food Concepts use a cedure. "We lost our parlimentarian this said that the bulk of the SBA general fund plemented in the cafeteria at Siskin's cash register to ensure that there is an ac­ year," said Greeble. "Now those of us who goes to parties and although SBA's finances suggestion in response to the results of curate charge for food . Although Siskin agree on procedural matters don't even are fine for the party planned for Thursday, questionnaires distributed in the ca feteria noted that she had not been getting direct agree and there is no one to offer a definite February \0, the SBA may consider stagger­ by Siskin's office during the last few weeks complaints concerning miscalculation or answer." To eradicate future disturbances ing the dates of the parties so that the SBA of the fall semester, include additions to the overcharging, people have mentioned to her and controvery, the Officers distributed can be secure in its financial position. menu of such items as franks and a wider that they don't li ke the fact that there is no copies of Robert's Rules of Order to the en­ In other business, the Officers discussed variety of desserts. The data from the ques­ cash register. The new cash register was in­ tire House of Delegates prior to the their disapproval of Robin Siskin's request tionnaires is cu rrently being programmed stalled in the cafeteria on Friday, February February 2 meeting. for $500 to help offset the costs of the stu­ . C.mlinued on page 6 3. 1984. The Rules are designed to operate as dent directory. The Officers said that the guidelines for SBA behavior at meetings, student activity fee should cover this publi­ though the Officers expresed concern that cation and that Siskin should earn her own the Rules themselves might become subject money if she runs short. By GenNIM D. ZWow Iy in this newspaper. matter for future SBA debate. The Officers The Officers also expressed their distur­ The Legal Association of Women It was resolved at the meeting that also worried that some SBA delegates bance at the recent office additions in the (L.A. W.) held its first planning meeting of L.A. W. would send a letter to the editors of would question the authority of the Of­ first floor smoking section of the library. the new semester on Monday, January 30. the ABA Journal protesting their piece in ficers to spend SBA money on Robert's The partitions were erected to house an assis­ The main topic on the agenda was the January issue on how female lawyers Rules without the approval and consent of tant librarian and her secretary. Greeble call­ L.A. W. 's upcoming Spring Film Festival. should dress in order to appear credible to a the House of Delegates. SBA Treasurer ed the partitions "aesthetically putrid." ad­ L.A. W. will show a number of films dur­ jury. Lance Dandridge stated that the Rules "on­ ding to an atmosphere already "void of ing March and April which are of interest to The final order of business was a discus­ ly cost about $100" and that since the human touches." The Officer agreed that feminists. lawyers, law students and social sion about what to bring up at the Student books were already purchased and the SBA should have more say in the observers. The scheduling has not yet been Committee meeting of the New York distributed, internal criticism of the Of­ administration's choice in the use of the finalized, but it's L.A.W.'s plan to stagger Women's Bar Association taking place on ficers' actions would have no effect. choot's library space. and alternate the times and days of the Sunday. February 12 at NYU . (Notices for screenings to give evening students as well the meeting are up in some women's bath­ as day students an opportunity to attend. rooms.) The committee wants to plan a The festival will be publicized in local law special event involving the women's groups RES IPSA LOQUITUR chools and the community. A good tur­ from the various New York area law nout is anticipated. schools. L.A. W . wants to participate more Also discussed at the meeting was the in large-scale efforts to bring into focus need to inform all students of the vehicles is ues of importance to women studying available to them to register complaints and practicing law. Everyone (including ... about exual harassment in the school. non-L.A.W. member is encouraged to 'The Pieper N.ew York State' Multistate Some faculty members, it is alleged, prac­ come to the meeting; tice subtle and not-so-subtle forms of sex­ 11 students are welcome to join L.A. W. , Bar Review offers -Un integrated approach ual harassment, and L.A.W. wants to see and the members invite the BL community an end to it. Details will be published shon- to submit ideas for future programs. to the Neu7 York Bar Exam . We emphasize sophisticated memory techniques, PRO-TYPE essay writing skills and a concise, organized presentation of the law. You will be Word Processing prepared and confident. and PIEPER NEW Y

Call and Compare .3EE YO UR 90 Willis Ave r-me PIEPER Mineola, NY 11501 377-6281 ?::PRESENTATI VE (516) 747-4311 Limited EnrOllment PublishedI by BrooklynWorks, 2018 3 4 • JUSTINIAN • Feb. 14, 1983 The Justinian, Vol. 1984 [2018], Iss. 1, Art. 1 Wltat Is Excessive Force? Police Commissioner Benjamin Ward BRUDNOTO ANNOUNCEMENTS and the Rev. Herbert Daughtry are two of the speakers scheduled to addr~ ss the ques­ TEACH Best Brief Pri. Late-Breaking News: tion. "What constitutes ex cess ive force by Dean Trager and Professor Walter would As this issue went to press. it was learned poli ce?" at a public forum sponsored by IN PARIS like 10 congratulate the following students that the faculty passed a resolution pro­ the Brooklyn chapter of the .N. Y. Civil who were nominated by the faculty for the posed by Prof. Gary Minda to implement a The University of San Diego has an­ Liberties Union . Other speakers will be Best Brief Prize of the 1982-8J, Moot Court Day Care Program for BLS faculty, stu­ noonced that Professor Barbara Brudno of Congressperson Major R. Owens and Zach­ Program. Professors Walter, Pouncey. dents and staff. Further details will appear Brooklyn Law School will teach in its law ary Carter of the Brooklyn District Attor­ Mishkin and Meyerson chose the four final­ in our next issue. program in Paris summer 1984. Professor ney's office. ists. From this group Dean Trager selected The forum will take place at Brooklyn Brudno will teach a I-semester-credit the Best Brief. The Brooklyn Law Review Law School at H:OO p.m . on Thursday. I-eb ~ course on International Copyright. The Best Brie/' Irwin M . Latner; Semi-Final­ invites ruary 10 . course will study the international aspects· ists: James F . Eller, Lawrence D. Levit , Second. Third and Fourth year students Each speaker will have the same amount ' of US copyright law. with comparative Susan Marshall; Honorable Mention: to submit completed notes of time to.present their thoughts. The pre­ look~ at some foreign laws and multina­ Michael H. Arwe. Jonathan B. Carter, to be considered for publication sentations will be foll owed by a round of re­ tional treaties. The area is extremely impor­ Marino D'Orazio, John J . Jordan, Jennifer. in Vol. 51, issue I, FaIl 19!!4 . buttals, and then the speakers will answer tant for the entertainment industry. Marre, James A . Meade, Michael J . Nilita, All those interested must obtain questions from the floor. Professor Herbert Lazerow of USD. Eric A. Ordway, Philip D. Rix , Jill L. information sheet from Rev . Daughtry and the Black Unit~d Director of the program. commented: "The Roisen , Kenneth D. Rubin. Jan A. Sigmon. Stacy "-anter. Kate Dodge. or hont. which he heads. have been among International Copyright course enrollment Brian S. Sokoloff, Rhonda Yacker-Car­ Catherine McGrath those charging that the po­ will be limited to a small number. The op­ men , Angela M . Yodice, Allan I. Young. in the Law Review Office lice often use more force than necessary in portunity to interact with Professor Brudno' Submission ])ue Date: May I. IIJH4 incidents in volving blacks. Hispanics and in a small group will be very valuable." Trial Advocacy Questionnare other minority gro up members. Rep. Ow­ lJSD will present law programs this sum­ ,\ course evaluation questionnaire was Placement ens also has been critical of police practices Lt. Col. Mic hael A. Haas of th e LJ .S. Army mer in Dublin on International Human distri buted in December 10 all student s en­ and helped arrange for the recent hearing ~ Rights. in London dealing with Interna­ ro lled in Trial Advocacy in fallllJt!3 . This is .I, GC will conduct an ori entatio n session held in Bew York by the House Subcommit­ tional Business Transactions, in Mexico Ci­ a reminder 10 those students to complete from II to 12 p .m ., Feb. 17, and indivi dual tee on C riminal Justice. headed by Rep . ty treating Law of the Americas, in Oxford and retu rn the quetionnaire to M ~ . Ruth int e r vie w ~ from 12 p. m. on. in Room 002. .Ioh n Conyers o j' Michigan. May "- och and Cl a ~s of 11J H4 o nly. Submit a resume to the on Anglo-American Comparative Law. in Wang on the Hth floo r who also has addi­ department o ffi c ial ~ ackn owledge there Placement Office by Tuesday. Feb. 14 . ·Paris on International and Comparative tional copies . . have been in s tan ce~ of police brutality, Law1generally, and in Russia and Poland on PERSONALS & CLASSI .... t:OS which they term regrettable. but deny they Socialist Law and East-West Trade. It is The Justinian will print da s~if i e d ad ~ sub­ Allention: ST UDENT (;ROUPS are widespread o r condoned by cit y of- . possible to participate in the Russia-Poland mitted by m e mbe r ~ of the Brooklyn La w All student o rganizat ions are in vited to fic iab. contribute to Justinian. Please in fo rm u ~ of program, then the programs in Dublin, School Communit y. There will be a charge The forum is the latest in a se ri e~ of o pen upcoming forum ~, meetings and other London. Oxford, or Paris, as they begin (I f j, 1 tM) per 25 words with a maxi mum o r .'ill meetin g~ sponsored by the Brooklyn civil eve nt ~ . If we know about it we'll write a fter Russia-Poland ends. Clinical place­ wo rd ~ per ad . Ads may be submitted for the lib e rt i e ~ group o n issues of public impo r­ ments a ~e possible in connection with the next i ~s u e by hb. 21' . aboul it. ])eadline for nex t iss ue is Feb. 21i. tance. programs in Dublin, London, and Mexico City. All classes are ABA approved. For further information, write Mrs. space. Coursey. Law School, Universit y o f San The cost for the construction has been Diego, Alcala Park. San Diego CA 92 110 . pu t by Dean Trager at $1 5,000. This is in addition to the $5 ,000 paid to Grossman for his report . The cost is somewhat higher OFFICES • • • than it could be because the offices were in­ Continued/rom page I tentionally made so that they could be easi­ o ffices to house Professor Levy, a secretary ly disassembled . According to Professor and an associate librarian for administra­ Levy, " we're hoping for a more permanent tion and planning. solution to our space problems." Various locations were considered for the It remains to be seen whether the offices new office space. The area in back of the will cause noise problems for the students elevators, now housing student mailboxes, studying in the smoking room. One other was rejected because of the fire hazard in­ problem could arise because of the new of­ volved in impeding the path to the emergen­ fices. With the partitions in place, the guard cy exits. Finally. the smoking room was at the center desk can no longer see out the chosen because it was seen to offer the least eastern side of the building. This could pre­ disruption to the day-to-day operations of sent security problems at night but, accor­ the school. It did not involve the loss of any ding to Professor Levy, the problem was shelving or seats, noted Professor Levy. never raised during the discussions. Nor Students bid farewell to Joe Hughes, who haven' t seen before. I want to thank Si nce t he room still contains the same was any student input solicited. According retired in December after J() years of service everyone for being so nice. It's made my number of seats as before, there are no to Dean Trager, " We're not going to run to on the front desk's day shift. Joe and his job a pleasure_" plans to offer the students more smoki~g the SBA for every little thing." wife, Nan. plan to travel and "see things we ing. All semester*** I plead ed wi th people to GRADES participate. to ask me q u es t io n ~. 10 fig ht Continued/rom page I with me .. . sometimes. I was lucky to get the other taculty member currently teaching the facts of a case." He sa id tha t when he ~ubject . Caplow said the faili ng grade re­ ca lled on Mudents they we re often absent or main~ on a ,tudent', record as does the new unprepared or they gave unacceptable Brooklyn-Progress grade. answers . Student~ who have already registered to Holzer said he realized the exam was go­ repeat the course have received a second ing to be a "disaster" three months ago. " 1 Copy Center unp l ea~ant shock. They were directed by drew an exam half as easy as my previous the R egistrar'~ Offi ce to page 04 of the exa m ~ for th at very reason." He was referr­ I ,}H.~ - X 4 law School BU.lletin which states ing to the fact that he asked onl y 50 hort that " repeated ... courses are billable a t the answer 4uestio ns on the exam as compared applicable per credit rate." This semester to the 100 he o rdinarily asks. Printing by all Processes the applicable rate is $215, for a total of " I think it was an easy exam if yo u had $HOO. in addition 10 regular tu ition to retake done the work ," Holzer said. "And there High Quality Xeroxing at constitutional law. are people who did very well on it. I was Wh en asked if there were reasons for this shocked by some of the people who did policy . Bursar Rosalind Zuckerman said poorly. people who are on Law Review. at Reasonable Prices " there must be some rationale." She said the top of the class, but we don' t know how the policy was in place longer than she has mu ch work they did . I don' t know how worked here arm she did not know the mu ch work they did." 93 Jor./emon Street Brooklyn, NY 11 reasons fo r it. Holzer ~aid that people generally did Cap low informed Dean Trager about the e4ually well , or poorly. on both parts o f the (Just one block from Brooklyn School) policy on Feb . J . She said Trager had never exam . People who did poorly on th e short uw heard of th e policy before and could see no answer also d id poorl y on th e essay. " If it rationale for it. Cap low said that Trager were not fo r this 'curious consistency. ( Telephone: Triangle 5-0696 characterized the policy as "double punish­ would have agonized more than I ha ve over ment " . and he officially abolished it so these grades" he said. As it was. Holzer st udent need not pay any funds above tui­ aid " I didn't even take off points for being t ion to retake a required course. unprepared. even though I had warned all Special Discounts to Law Students In an interview with the Justinian. Pro­ \emester that I would." fessor Holzer commented on the large num­ When presented with the number of fail­ ber of unsatisfactory grade. "I can 'I say ing grades given to last year' first year https://brooklynworks.brooklaw.edu/justinian/vol1984/iss1/1 that I'm surprised," he said. "I saw it com- Continued on page 7 4 NON-SENIORSet al.: The Justinian

MARCH IS THE MONTH!

THE COMPLETE PACKAGE OF NON-SENIOR EARLY ENROLLMENT ADVANTAGES WILL ONLY BE OFFE$D UNTIL ~ 16

Since most of you will eventually take a bar review course. it makes sense to enroll now in BRe, the First & Second nation's fastest growing bar review course and receive early benefits. You pay only a SSO down payment, and receive the following: Year Students -BRC OtrrLlNES THROUGHOUT I.A W SCHOOL: Pre­ enrollment in BRC entitles Y'?u to BRC Law Summaries, the finest bar review materials availabl~. for use durinC la ..· school. These Law Summaries arc replaced with a new, revised set when you begin ac­ tual bar preparation in our course. -JOSEPHSON ISSUE GRAPHS (JIGS): Special visual study Save Money And Receive aids-very popular! -GUARANTEED COURSE PRlCE: Stop innation! ByenroUing Continuous Support now, you assure yourself of your bar review course al exiSling prices . -BRC "BUDDY BUCKS": Our "TeD a friend" campaign entitles you to $20 for each friend who ~nrolls with BRe. Our Campus Reps From have Buddy Bucks for distribution. -BIG DISCOUNTS ON CES MA TERlALS: Fu-st and second year Josephson CES/B·Re enrollees will be entitled to at least a 10'7. discount on all CES legal study aids, including the "Sum &t Substance of Law" books and lec­ ture cassette tapes. written and delivered by some or the nation's most outstandinllaw professors (many author the major required America' s 'T'''~Tn I law school texts). -EXAM WJUTlNG I..ECTl.J1U: CASSE"ITE: First year enroDees Finest Aca~en:ic~ receive valuable "How To Write Law Schol Exams" lecture by Pro­ fessor Michael JOKl)hsoD (Standard C·90 audiocassette)

~ 1 "" . • FREE MUlTISTATE PROFESSIONAL =$ ~" .., RESPONSIBILITY COURSE ; ~ ",..... In states requiring the MPRE, BRC \\\\\\\ provides special Law Summary, lecture - ...... UII • ""III.... ·· and testing for BRC enrollees at no extra cost. ($SO to non-BRC enrollees). Marlno-JOSePhson/BRe

10 East 21st St, RM. 1206, NY, NY, 10010 212/505-2060 Published by BrooklynWorks, 2018 5 6 • JUSTINIAN • Feb. 14, 1983 The Justinian, Vol. 1984 [2018], Iss. 1, Art. 1 LSD REPORT Continuedfro,",'Page 1 FORBES: RES IPSA LOQUITUR The following article appeared in Forbes state aid, miscellaneou fees and the nece sary are some lecture halls, teachers magazine on January 16: $240,lXXJ float on tuition payments make a and administrators, and a library. Compare big difference. Add up all this extra income that with a medical school, which need You wouldn't film The Paper Chase at and it comes to about $7 .0 million. roughly costly lab equipment. i:lrooklyn Law School. There is no campus. break-even. Be ides tuition, which now averages o~l y one box-like, ten story building with There's more. Last year Brooklyn Law $0.2(X) annually per student at private in ­ uust 14 classrooms. Nearby are a six-lane .School earned $93U,O()() on it s $15 million stitutions, law schools also lean heavily on highway. munic ipal offices and block of endowment . tax-free of course. With no alumni for contributions. Most private fa t food restaurants. debt or mortgage to pay- and no cash­ ~ chool receive gifts that amount to nearly But never mind. Like law scho ols guzzling. affiliated medical or undergrad­ 5070 o f their total operating budgets . everywhere. Brookyn has become a high­ uate ~c h ool to ubsidize- Brooklyn simply Brooklyn Law. of course, is already a profit. high-margin business. Brooklyn. invested it s profits and geared for a bigger money machine. But its fundraising now what's mo re. i a pure play. It i!> I of only fundraising drive next year. Year-end brings in an amount equal to 2.X07o of IJ ABA-accredited U.S. institution in bu - operating margin~, counting endowment in ­ operating income. Imagine what could hap­ tne s~ olel y to sell legal educatio n . come: 1J .4070 . pen if the school effectively tapped its hid­ Brooklyn Law' ~ income tatement i ~ A ~ law schools go, Brooklyn's figures den reserves-13,OOU grads scattered across revealing. The c hoo l spends roughly are high . Even mighty Harvard had margins the U. S .. includ ing uch well -heeled poten­ $';' .2(X) a year to turn out a lawyer. That in­ of roughly X.507o on law school revenue of tial donors as artists' representative Swifty dudes building maintenance. running the about $22 million last year . not counting Lazar and David Liederman. owner of library and paying about 50 profe so r ~ an another $2 million in restricted gifts. Oavid' ~ Cookies. -Jill Andresky average of $50.000 each. With annual tui­ Law schools make money because they Reprinted by permission of FORBES tion of only $b.O 1984 NEW DEAN Continued from page I BLS's physical space at this time, but, she added, it is "clear that everyone in the By MkltMi S. SdtreIMr tioning the smoking section of the library. school is well aware of our space con­ Gordon said this creates an intolerable straints, and efforts are constantly under­ At its February I meeting, the Brooklyn burden on smokers and diminishes library way" to find new space. Law School Student Bar Association House facilities which need to be expanded; Among her other activities, Dean Caplow of Delegates unanimously passed a motion, - The placement office. whictJ Gordon is still employed as a consultant to the authorizing the Executive board to send a says is ~rlY staffed and unable to serve Brooklyn District Attorney's office as letter to Dean David Trager expressing the needs of BLS Students; Director of Training, on the Criminal Ad­ grading standards, the schedule change and - The academic calendar, which is a source vocacy Committee of the ASSOCiation of the night courses. The motion threatened the of perennial complain!. Hoffer specifically Bar of the City of New York, on the Ma­ administration with "direct action" if an referred to exam and study periods and yor's Committee on Marshalls, and is an ac­ immediate response is not provided to tbe vacation time as matters in which students SBA but did not specify the nature of the tive member in the clinical section of are concerned and have no say; the AALS. "direct action." In other business, the SBA -Grading disparities. Hoffer complained (esolved the controversy over its Grenada that some first year sections have higher Resolution and approved the expenditure of grading professors than others and wanted funds for the 1983-84 yearbook and for a to know if this was taken into account in gift for recent BLS retiree Joe Hughes. determining class standing. SBA President The motion to send a letter to the dean Mary Malet also noted that she had re­ was raised by SBA secretary Lisa Heide ceived a number of complaints about the Gordon. Gordon said there were certain grades given to Professor Henry Mark "actions taken by the Trager administra­ Holzer's constitutional law class; tion which we should address." The SBA, DOGS - The closing out of night courses. Opper Continued from page 3 Gordon said, "should be an active voice" said that many night students have been into the school computer so that it can be in what affects the student body. closed out of night courses which have been statistically analyzed; at press time Siskin The letter will address a number of "con­ filled by day students. He wanted to know did not have the results but told the Justi­ cerns" raised by Gordon and by delegates whether night students received any priority nian that generally most' people were Peri Hoffer and Edward Opper. These con­ for night classes. satisfied with the cafeteria employees. but cerns include: Some delegates questioned the efficacy of expressed a desire for more fresh food, a -The new "Merit Scholarship Program" sending a letter, but their concern was lost wider variety of foods, that the vending which offers a 33'70 tuition break to the top in the general discussion over what the let­ machines be replenished more often and quartile of incoming students. Gordon said ter should contain: that the quality of the coffee be improved. this program is "unfair and undemocratic" The motion was jeopardized at one point Siskin noted ' that she had several and it poses an "intolerable burden on the by a debate over whether these issues were meetings with Food Concepts staff to in­ lower 75'70;" considered to be "concerns" or form them of students' desires. According - The new office space created by parti- Continued on page 7 New YOft( City Law Department to Vinnie Mongello, an employee of food has _DlATE vacancies for •~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~, Coo~puw~Mer~s~e8LSca~~ri~ current evening law students in the new salad policy-paying by the ounce these fULL TIME, DAY, YEA ..• IN MEM ORIUM rather than the plate-was implemented at Arthur's friend also have expressed their ROUND positions: (1) LD Siskin's suggestion, as was the new policy The foilowiB. IeUer was sellt to the interest in making a fitting donation to PV #004 for first year law of filling the all-purpose vending machines dBSleS of 1911, 1912. alld 1913: Brooklyn Law . chool in hi s memory. ny students: $13, 491 : with promo­ every night, rather than ignoring them, as idea!> in this regard would be greatly ap­ tion opty. (2) LD PV 1005 for se­ had been the policy in the past. preciated and hould be sent to Dean cond and third year students with The Food Services Committee, which It i with great s adne s~ that we end thi ~ Trager or .Ioganna Gurland at Brookly taw good record: $16,386. Hours: consists of students, faculty and staff, will leller. As you may have already heard. Ar­ School. Monday-Friday, 9 a.m.-S p.m., continue to meet during the semester to thur Gluckman . our good friend and col­ The void left by rthur's untimely death 8:30 a.m. -4:30 p.m. ~ in­ evaluate options for the 1984-85 school league. ha~ been killed. Arthur was last ~ een and the utter enselessness of his murder clude legal research, preparing tor year. ali ve o n hiday. January O. He was found in will be keenly felt by all of us. He was that litigation, etc. Duties vary upon LD hi ~ car a few days later. The police tell u~ he rare combination- a true scholar and a PV # . BenefIts 4 wQ vacation, wa ~ ~ trangled to death. No one ha yet great human being- and he will be sorely medical. Location: Some borough come forward with any po sible motive!> fo r mi ssed . assignments available. However. thi terr i bl~ tragedy. Expressions o f condolence may be ent to most positions by WOOd Trade Arthur' parents. Dr. and Mr . Melvin Center Area. Posision is for the A brief memo rial ervice wa conducted Gluckman . J435 Vintage Valley Road. Ann duration of Law School. New Yof1( in Arthur' honor at the nited ' tate Tax Arbor. Michigan 4X1U5 . City residency required. No day Co urt in Washington. D.C. on Friday. Jan­ ·incerely. classes. Send resume with uary I J. Due to the number of peo ple who Thomas W. Hanlon. Jr. number of oompleted credits & were unable to attend, and who expre ed Laurie C. Nelson currrent year of enrollment with interest in paying tribute to Arthur. another Neil W. ' ilberblatt AVAILABLE starting date to: memorial service will be conducted at Brooklyn Law School in the Moot Court Room on March 5 at 5: 3U PM. If you have The Justinian wishes to join the student any uggestion about the content of the body in expressing deepest sympathy to Ar­ memorial ervice. please contact Johanna thur Gluckman's family and great sadness Gurland, Director of Alumni Affairs. at his passing. https://brooklynworks.brooklaw.edu/justinian/vol1984/iss1/1 6 Feb. 14, 1983 • JUSTINIAN - 7 some length, the fact that the Constitution etSBA al.: The Justinian. . . may have been controlling on this point was HOLZER ... Continuedjrompage6 . not raised. Debate at the December, 1983 "problems." Gordon had proposed using meeting revolved around the latter con­ COfIti"wd j'rotft ~ <# the stronger language in the letter to sideration. students, Holzer's first reaction was one of Trager, but several delegates, who agreed Treasurer Lance Dandridge made a mo- surprise. He questioned the accuracy of the that the SBA should be concerned with tion to approve that part of the minutes figure. He said, '" think it may well be that these issues, were not prepared to concede (pertaining to the Grenada Resolution) the standards are tgo low, not that' believe that they were all problems. Rather than which had been tabled at the December in automatic fa ilures." He said that the address itself to each issue . seperately, the meeting. Malet elaborated on the motion. nllmher of failing grades given to the first SBA adopted a motion in favor of a letter She said that essentially, a vote in favor of classes last year (5 out of approx- ~ear containing the milder language by a Dandridge's motion meant that an absten­ ~m~!~!~ . ~~~ _._exams) amounts to only unanimous vote. tion is not counted as a vote against .a one eighth of one percent of the grades. The SBA then turned to the question of resolution or motion in determining "I don't believe in curves, .. said Holzer the validity of its " Grenada Resolution" whether it passed. in response to the question of why he which was voted on at its November 1983 The motion passed by a vote of 13 to 8 hadn't graded according to one. '" have an meeting. The issue was raised at the with no abstentions. objective notion of what' want. I' m not December 1983 meeting, when Delegate In financial business, the SBA agreed to going.to cheapen the achievement of those Stuan Diamond questioned whether the donate $500 from the general fund to the Pro fessor Holzer who did well by giving charity to those who motion had passed according to the SBA )1)83 -84 yearbook. This is a yearly expendi- didn'!." the faculty is unaware of the issue ." She Constitution which requires "an affir­ ture of the SBA and it passed with only one Holzer said that he did not believe in giv­ would not confirm rumors that the faculty mative vote of the members present." SBA abstention. The SBA also agreed to ing undeservedly higher grades to enable his plans to discuss the issue at its next meeting. Const., Art. B, sec. 4. establish a committee to find a gift, not ex­ tudents to compete with those in other sec­ She said the next faculty meeting is three The delegates agreed that the vote was ceeding $150, for retired BLS guard Joe tions. "What's implicit in the question is weeks away, and.as of now, this issue is not valid according to Robert's Rules of Order, Hughes. that I am being asked, by the students. to on the a~enda . copies of which had been handed out prior President Malet reported that she had lower my standards to theirs. Uniformity is SBA President Mary Malec at the last to the meeting. According to the SBA Con­ been recommended by the BLS faculty to an institutional policy and it is not one that the Brooklyn Law School Hall of Fame as SBA meeting, said her office had received I stitiution, SBA meetings are governed by BLS has adopted," he said. numerous complaints about H olzer's , Robert's Ru es, unless they conflict with the Student of the Year. She said that this was Professor Gora also said that his grades grades. "The students have every right to Constitution. the first time in a while that a student were unaffected by those of other profes­ know why the average grade in Joel Gora's Not all delegates agreed that this resolved government person had received the award. sors. Holzer's grades. he said, "have cla ss is X5 and Holzer'S is a D." she said. the issue. Diamond said that the Executive "I consider this to be a group honor, a nothing to do with mine." Dean Lisle was Holzer said he is "aware that there is alot Board had distributed copies of the wrong recognition of the SBA , ,. she said. unavailable for comment. of di sgruntlement" among the students. He Iedition of Robert's Rules. He said the edi­ In other business the SBA announced it is Holzer said that he had never posted his said that he has sc heduled appointments . tion in the delegates' hands did not address soliciting the names of students who would grades before this semester. He said that he with several people to go over their exams. the issue and that there was a more ex­ like to be nominated to the student/ faculty didn't post grades so as to protect the Many students are unwilling to speak on t haustive edition in the library. Several grievance committee and the student/ facul­ privacy of students whose exam numbers the record concerning the iss ue . Several Idelegates expressed dismay that the debate ty hiring committee. Three or four students might be known to others. He said he have said they will be more open after they ' had lapsed into an argument over which are needed to be on each comittee. The posted them this time because "things got SBA also announced that the book co-op meet with Holzer to disc uss their exams. I edition of the Rules was proper. out of hand." Many simply do not wi sh to call attention Though Robert's Rules were discussed at hours will be expanded in the near future. " We had to inform the people who to themselves. failed , so they could register in time to One student, who preferred not to be determine the content of their courses, their st udy of grading disparities between sec­ retak~ the course this semester. It 's a fluke identified, spoke to rhe Justinian about the assignments and their grading policies . It tions of last year's first year courses that it's offered now, and constitutional meeting which members of Holzer's fall se­ would take extraordinary circumstances for prepared during the fall semester. but that law is a prerequisite for so many electives. mester constitutional law class planned to the administration to interfere. There are the results have not yet been analyzed . we felt that students should have a choice hold on Feb. 7. He said he was unsure what issues that transcend academic freedom." Most of the complaints that Caplow has whether to take it now or wait till next spr­ would happen at the meet ing but " I think she said. "but it is not clear that this is one received are from students who received ing. we are going to identify our basic com­ yet poor or failing grades in H olzer's class. She Though Holzer is not surprised by the plaints. A lot of us have very different Cap low said that concern should be said that she has provided them with aca­ grades in his constitutional law section, the gripes. We want to find out what directed toward the issue of grading stan­ demic counseling and an outlet to vent their BLS community is. Student complaints happened ... dards as a whole. If anything is done about frustrations. have pOUTed into the offices of Dean David This student had two major complaints. the grades, she said, it will be done on an in­ Trager. Acting Associate Dean Caplow, Di­ First. "we were not tested on what he st itutional level. and not on a c1ass-by-class She said the first person students should rector of Student Services-Robin Siskin, the taught. we had no advance warning of what basis. "I think it is legitimate to question if go 10 see is Professor Holzer. " In some SBA, the Justinian and, of course, Profes­ the test would be like." Second, the ex­ there should be an institutional curve guide­ ways it's easier to come to me than 10 con­ sor Holzer. pected disparity in the grading of the dif­ line." she said, "but the issue of interfering front the professor." she said. " but it'~ Complaints have been registered not only ferent sections is "just not fair. It would be with an individual professor's grading is fruitless. 1 can only provide counselling. by students who received failing or unsatis­ the same as if he had given everyone grades very different. There are no prior standards Their feelings may change after seeing their factory grades in Holzer's class, but also by in the high 90's." or precedents to go by. exams." students whe received some' of the higher When asked what form student action Cap low said there was a situation several In di sc ussing the controversy. Holzer said grades and by students who were not even would take, our anonymous source said years ago involving an adjunct professor that he is hun most by the fact that no one in the class. Holzer has also received a re­ "we will probably elect a few represen­ who gave very low grades at the end of his has come forward in his defense.· "The un­ quest to meet with a student who claims to tatives to go talk to him . I don't think he'll first semester. But when the schools norms asked question." he said, "is were those represent hi s present constitutional law come talk to all of us at once. That's not were made known to him. he voluntarily grades deserved? Nobody yet has gom: over class. This student was unavailable for com­ fair to him ." . changed his grades. That case, Caplow said, any paper. What if the high grades and the ment and Holzer did not know the specifics So far the administration is unwilling to is very different from the !'resent one. low grades are consistent." of what he wanted to speak about. take a stand on the issue Dean Caplow said Caplow said the administration is con­ Holzer said he wa ~ " orry that people Commenting on rumors that the entire that the issue involved a very sensitive one cerned with the issue of grading disparities. were hun. that their programs were in­ faculty is " buzzing" over Holzer's grades, and concerns academic freedom . " The but is " not prepared empirically to say it is jured. but it was not deliberate." He said he Caplow said "I don't think that anyone in faculty ." she said. "is best qualified to in fact a problem ." Caplow said that Assoc­ regret~ that some tudent s apparently iate Dean George Johnson had a computer "didn't learn anything."

i. * * * * * * * * * * * * * * * * * * * * * * * * * * • ...... The Magic Typewriter ..

: TERM PAPERS. THESES-FULL RE- : .. SUME SERVICE - EMPLOYMENT CAM­ .. CAMERA-COPY· .RITING / EDITING • .. .. PICKUP ...... OELIVERY .~ ...... -...... , .. NYC .... --- .. CALL US •...... • N..y.c...... , ...... aR!5-R470 .. .. ********** **** *************.

Published by BrooklynWorks, 2018 7 The Justinian, Vol. 1984 [2018], Iss. 1, Art. 1 8 • JUSTINIAN. Feb. 21, 1983

BAR I BRI EnrOll'ments Are Up! BAR/BRI Pass Rates Are Up! and The New York .State Pass Rate IS Up!

As BAR/ BRI enrollments have climbed, the state JXIss percentage _has increased. We don't claim "cause-and-eHecl," but we know we must be doing something right! Last summer, New York's pass rate was one of the highest ever. And BAR / BRI trained more than 3,400.persons, more than all other lxIr review courses combined. BAR/ BRI's overall pass percentage was higher than the state rate, and at many New York schools we had a JXIss percentage in the low 90's or high 80's. Thus while some bar reviews claim astronomically high percentages each year, there is only one JXISS rate you can trust- the State Rate. And as BAR/ BRI enrollments have climbed., the State Rate has climbed with it. ooubn. The New York and Mullistate ExpertTM https://brooklynworks.brooklaw.edu/justinian/vol1984/iss1/1 8 ~ 1984 BAA /SAI