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12-1968 The aC veat, December 1968

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Recommended Citation "The aC veat, December 1968" (1968). Caveat. Paper 16. http://digitalcommons.law.ggu.edu/caveat/16

This Newsletter or Magazine is brought to you for free and open access by the Other Law School Publications at GGU Law Digital Commons. It has been accepted for inclusion in Caveat by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. VOLUME 4, NO.2 GOLDEN GATE COLLEGE SCHOOL OF LAW DECEMBER 1968 L.E.A.P. in theRight Direction Legislative At a time when the phrase "law & Law School is the fact that Associate Pro­ order" has achieved singular notoriety in fessor Michael Golden is the director of Reform the political vernacular it is evident that this project. The sessions in effect simulate Seymour Farber, familiar to Golden much of our nation's social unrest stems a law school class; the small size allows a Gate students who have taken his courses from a thorough disenchantment with our greater amount of individual attention. As in Trade Regulations and Commercial legal system as it presentlyexists.The rela­ the emphasis of the program demands, Mr. Transactions, played an important role in tive lack of minority representation in the Golden focuses on the techniques of read­ the passsage of AB 536 during the last legal system breeds fear of jurisprudential ing, briefing and discussing cases as op­ session of the 1968 California Legislature. inequities and focuses on a major cause of posed to the typical substantive approach. AB 536, now Section 1717 of the mistrust and apprehension. In the Bay Students continually write memorandums Calif. Civ. Code, was introduced by As­ Area for example, less than 2% of all prac­ and practice examinations which are con­ semblyman Willie L. Brown Jr. at the sug­ ticing attorneys are black and the present structively criticized to aid them in de­ gestion of Mr. Farber, who called atten­ law school enrollment gives no indication veloping interpretive and expressive skills. tion to the unfair attorney's fee provi­ that a statistical turnabout is forthcoming. These students have an additional oppor­ sions employed in certain "adhesion con­ In an effort to make the law a more tunity to sit in on some of Mr. Golden's tracts." positive factor in the minority community first-year real property classes, after which Under existing law prior to AB 536, and to facilitate changes within our legal they meet to discuss the teaching techni­ those in a position to dictate a contract's structure, two private Bay Area founda­ ques employed, thereby enabling them to terms, particularly lenders, landlords, and tions have provided funds for a unique get an insight into some of the problems conditional vendors, could insert a clause tutoring program called Legal Education and issues the instructor has sought to de- specifically providing for the award of at­ velop. . ..Advancement Program (LEAP). Operating torney's fees to themselves if they prevail­ .., under the auspices of the Neighborhood Upon successful completion of this ed. No comparable provision was made Legal Assistance Foundation, this program program these students will be guaranteed for the other party. This meant, for is designed to give pre-law training to mi­ admittance into one of the participating example, that if a lessee was wrongfully nority students whose scholastic averages Bay Area law schools which include Stan­ billed for damages to the premises, or if a would not ordinarily qualify them for law ford, Boalt, Hastings, USF and Golden maker of a promissory note felt he had a school admission. The initial five partici­ Gate. valid defense for non-payment to an os­ pants are black students currently enrolled This program may well be the fore­ tensible holder in due course he faced a at San Francisco State College. During runner of a greatly expanded statewide choice of either settlement on the op·· their senior year, in addition to their stu­ project this summer. At a recent confer­ posing party's terms or litigation in which dies, they will be given intensive training in ence of the California Accredited Law he would have to pay the legal expenses the basic skills needed to study law. Sti­ Schools, plans were developed to initiate of both sides if he lost, but would not be pends are provided to free these students an intensive summer program to train 60 reimbursed for his expenses if he prevail­ from part-time employment, permitting minority students at institutes in both ed. them to concentrate on their preparatory Northern and Southern California. The Under Section 1717, "where such work. CAVEAT will publish further information contract specifically provides that attor­ Of special interest to Golden Gate on this project as it becomes available. ney's fees and costs, which are incurred to enforce the provisions of such con­ ANNUAL FALL DINNER DANCE Wives' Club, next presented the dean with tract, shall be awarded to one of the par­ a plaque for the law school. This plaque has ties, the prevailing party, whether he is The San Francisco Hilton's lush Im­ engraved on it the names of the past win­ the party specified in the contract or not, perial Ballroom was the setting for the ners of the Wives' Club Scholarship. This shall be entitled to attorney's fees in ad­ 1968 Golden Gate Law School Fall Dinner year's winner, David Lawson, was present dition to costs and necessary disburse­ Dance - over two hundred were in atten­ to graciously receive his scholarship check. ments." The prevailing party's right to at­ dance to enjoy the delicious buffet dinner The First Annual Richard Johnson torney's fees is not subject to waiver, and and dancing to the well-diversified music Memorial Scholarship was awarded to any." purported waiver provision in the of the "Pure Funk." Larry Donoghue. Mrs. Johnson personally contract is declared void. In his com­ .. Dean Gorfinkel was presented with announced the selection of Mr. Donoghue ments on AB 536, prepared by Mr. Far­ .. a Sony portable tape recorder as a fare­ for the award and presented the scholar­ ber and submitted to the Continuing well gift from the students. He will be ship. Education of the Bar Legislative Review leaving in June to assume a position with Joe Russell, this year's Editor of the Project, Assemblyman Brown stated that the State Bar Association. Law Su!ve)' w~s named the recipient of the the "major beneficiaries of the legisla­ Mrs. J. Davi, president of the Law continued on back page continued on back page Recent Case of Interest NOTES ON LSCRRC Dillon v. Legg that zone lies in the fact that one within it In lieu of what television refers to as 69 Cal. Rptr. 72, June 1968 will fear the danger of IMP ACT." Second­ a hook - the program you were watching "The risk reasonably to be per­ ly, there are other facts peculiar to the ends, before you have a change to change ~ ceived defines the duty to be obeyed." principal case which illustrate the artificial­ the channel and before the important part ., With that now famous sentence, Justice ity of the prior rule. The deceased infant comes on, the commercial, you are shown Cardozo set forth the primary limitation was lawfully in a crosswalk when she was the murderer lurking, or the starlet fearing, for liability in negligence actions. Justice hit by defendant's automobile. A few steps or the darling tot chasing the darling puppy Tobriner, writing for a majority of four, behind the deceased was another child of towards the lurking murderer, etc. - you uses that same limitation to expand one the plaintiff who also suffered trauma and are hooked. You watch this program. You of the most problematic areas of Califor­ shock while in the zone of possible impact. buy what you are later requested to buy. nia tort law and arrive at a new interpre­ There could be no way to justify relief for Drama, suspense, and excitement have tation not to be found in any other the sister but deny it to the mother merely come to the aid of the free enterprise sys- American jurisdiction. because the daughter was a few yards tem. So ... in lieu of what television refers The facts of the issue presented are closer to the impact. Returning to the to as a hook, let's just say LSCRRC (pro­ simple. The plaintiff suffered severe statement of Cardozo, Tobriner, citing nounced as it is spelled - if you can say shock and mental trauma as the result of Prosser, argues that anytime a child of ten­ SNCC, you can say LSCRRC) in in the witnessing of the death of her infant child der years is to be found in a crosswalk, it is process of being organized at Golden Gate. as a result of defendant's negligent opera­ only reasonable to perceive that its mother The letters stand for Law Students Civil tion of his automobile. As recently as 1963 will be close by and would suffer shock and Rights Research Council. the same court had denied recovery upon emotional distress upon seeing the child hit What law student has not asked him­ similar facts. (Amaya v. Home Ice, Fuel by an automobile. self what he could be doing now that and Supply Company, 59 Cal. '2d 295). After discussing the possibility of would be both useful to the community The Amaya case restated the existent rule fraudulent claims and deciding that meri­ and at the same time further the student's that without impact, a plaintiff may pre­ torious claims should not be defeated in education in the field of law he hopes to vail only if he were in fear for his own fear of that possibility, the court establish­ someday enter? In two ways LSCRRC pro­ safety; this has been restated as the zone of es considerations for determining recovery vides the answer; through research and danger rule. in future cases of this nature. (1) What was through internships. Justice Tobriner states compelling the actual distance of the plaintiff from the At Golden Gate LSCRRC will begin reasons for the abandonment of the scene of the accident? (2) Was the injury research in three fields, 1) landord/tenant Amaya rule. Since the impact rule had contemporaneous with the observation of relations, 2) consumer fraud, 3) various been rejected by California as long ago as the accident? (3) What was the degree of aspects of criminal/ constitutional law . Stu- .... 1939 (Cook v. Maier 33 Cal. App. 2d 581), relationship between the accident victim dents working on the first two topics will ., to retain the zone of danger rule would be and the plaintiff? work in close proximity with the establish- logically inconsistent "because the only Ken Cooper ed community legal organizations, in the reason for the requirement of presence in third topic with private attorneys involved in cases related to the specific facet of the law we are researching. LETTERS We know military personnel give up a goodly number of their civil rights. Does. Re: J. Rutledge's article in Issue You and your staff are doing a it follow they also ar~ deprived of their No. 1 concerning School of Law name great job. Your most recent effort, that constitutional rights? Is mutiny a justifi­ change. Excellent idea and suggested to change the name of the law school, able charge to bring against twenty-seven name of R.F.K. Law School is enticing. meets with my and I might add, with the prisoners at the Presidio for "striking" in Any assistance I can render will be appre­ approval of every other alumn. I have protest over the shooting of a fellow in­ ciated to effect such a change. mentioned it to. Keep up the good work. mate? Can military personnel be subjected Philip Effenbeck Ted Long without limitation to conditions which are 1st Year - day Class of '67 found to be "cruel and unusual" when encountered in a state prison? :-c:x=-c c c c c , We are all by now familiar with the cccccc=> composition of the Oakland Grand Jury. Is San Francisco's different? Should a Grand Seems as though a new name for A reply to Duncan from jury represent the community? Is it suffici­ the law school, if adopted, should have the self-appointed God ent that it merely represent the afternoon enough of a relation to the past history of daily with the largest circulation? the school to enable the administration Twinkle, Twinkle, little Barr What if an instructor here - and this and alumni alike to relate to the new How we wonder what you are should split a few sides - suggest some of name. The new name should be short, Up above our heads so high us carry weapons? Does that authorize the should create a tie with the past while Like a turned-on shot gun T AC squad to search and seize? Does it. still representative of the present-day in­ -miss, miss, but try have to be a state college? A black profess­ stitution: Gate College of Law. or? Twinkle, Twinkle, little Barr What right does the Committee of How we wonder what you are Bar Examiners have to inquire into a per­ ccccccc=: Up above our heads so high son's driving record? I know, who wants So high, so high, so high, SO HIGH practicing attorneys that are inclined to -2- drive into their clients? A NEW ERA OF REPRESSION In late December or early January provisos, along with certain requisites for Ibid at 466. of next year seven leaders of the October giving information coiltained in the in­ It is pointed out in the article that 1967, "Stop The Draft Week" demonstra­ dictment to the defendants before com­ illegal demonstrators have not been tried _ tions will go on trial. The "Oakland mencement of the trial, are supposed im­ under the conspiracy law in recent years ., Seven" as they are called face the charge provements on the common law and in California. Instead, demonstrators who of conspiracy to commit two misdemean- make the law more palatable to some have actually engaged in illegal conduct ors: trespassing, and resisting, delaying writers. The overt acts in the Oakland have been charged and sentenced under and obstructing police officers. It is not Seven indictment include: Arranging and the misdemeanor sections of the Cali­ alleged that any of the Seven actually directing a meeting in Berkeley; distribu­ fornia Code (i.e., 408, unlawful assembly; committed misdemeanors which they are ting maps and pamphlets describing a de­ 409, failure to disperse; 602, trespass). charged with conspiracy to have per­ monstration to be held at the Induction Merga felt the failure to use the conspir­ petrated. Center; directing and walking with others acy law here was unfortunate because a The MOVEMENT PAPER in the to the vicinity of the Induction Center; conspiracy conviction could be a felony November, 1968, issue said in recalling hiring buses to carry persons from Berke­ conviction under the provisions of section the incidents of last October, "Stop the ley to the City of Oakland; etc. 17 of the Penal Code. "Thus, instead of Draft Week, during which ten thousand Is it any wonder that United States punishing the demonstrators for commit­ brothers and sisters tried to halt the in­ Supreme Court Justice Robert Jackson ting misdeameanors, the courts could duction process at the Oakland Induction once called the conspiracy law "the pros­ convict them of felonies on a conspiracy Center, helped to issue in a new era of ecutor's darling," here for example the charge, with the attendant higher penal­ militant street demonstrations." Terence Seven are charged with conspiracy when ties" (i.e., a possible three years in prison Cannon, one of the defendants, in a the overt acts in furtherance of the sup­ and five thousand dollar fine, Calif. Penal speech delivered in Berkeley September posed conspiracy are legal in and of them­ Code 182). Ibid at 468. One must also 27 of this year, commented on the im­ selves? The California law, expressly up­ remember, as is illustrated in the article, pending trial, "The Seven are in fact not held as constitutional in PEOPLE v. HEN­ that the sanctions imposed on the con­ being tried for conspiracy. We're being DERSON, 120 Cal. App. 2d 50, does not victed felon include informal penalties, tried for everything that happened last seem when all is said and done to be such as loss of jobs, educational oppor­ October ..." much of an improvement over Federal tunities, etc. This case is very important because law. Going further, Merga hypothesized it may well set a precedent for dealing The dangers posed by conspiracy that if the conspiracy law in California with the leaders of all such future con­ laws to people seeking to change the sta­ was utilized arrests could even be made at frontations. If the charge of criminal con- tus quo and long standing wrongs are weIr the preparatory stage of the alleged con­ A spiracy in support of a political demon­ laid out in a Note in 16 Hastings Law spiracy. This theory was not carried out W stration can be proved, law enforcement Journal 465 (1965) by Yvonne Merga, in the Oakland Seven situation where the agencies will have a powerful club to hold then a third-year law student at Hastings, alleged objects of the conspiracy were over the head of all political protestors. now an Assistant District Attorney in completed before the indictment was As stated in the Note, THE OBJECTS OF Alameda County where the Oakland brought. But there is no reason to assume CRIMINAL CONSPIRACY, 68 Harvard Seven will be tried. Merga's article en­ that this theory will not be exhumed in Law Review 1056 (1955), "The law of titled MASS DEMONSTRATONS AND the near future. In any event, she felt that conspiracy constitutes a formidable weap­ CRIMINAL CONSPIRACIES might bet­ the effective use of the conspiracy law on in the hands of state prosecutors, by ter be described in her own words ... might well be a deterrent to "illegal" which many of the more technical re­ "the possibility of convicting unlawful demonstrations. If demonstrators saw the quirements that might otherwise prevent (sic) demonstrators of criminal conspir­ law in action and felt the imposition of conviction, such as stringent rules of acy and the possible effect of such a its severe penalties for acts previously evidence or specificity of indictment, conviction as ? law enforcement tool." continued on poge 6 may be avoided." Criminal conspiracy based on the San Franlll,a'. nllUllt And Flnld Hlalth lIub common law is now generally defined by statute as an agreement to do an unlawful Far IUllnll1 And 'rallilianal min affln: act or to do a lawful act by criminal or unlawful means. The justification for ranDlTlanmG Roam [Individual sup.rulll_] making conspiracy a crime is a matter of policy - that the agreement itself is evil, SlunA lATH HOT WHIRLPOOL spa independent of an act done to carry it STEam Roam paDDLE Ian raURIS out. Group offenses such as conspiracy requiring two or more people are con­ UlTRa-UlalET sun lamps sun ROOF sidered more dangerous than individual crimes as there is a lesser chance of aban­ RUnninG T.arH donment of the plan. cf. Perkins CRIMI- . One block from school IIRIER SHOP NAL LAW 527-549 (1957). Monday - Friday e In California, Penal Code section 6:30 a.m. - 9:00 p.m. RESTaURlnT 182 enumerates the illegal objectives Saturday which provide a basis for the conspiracy 9:00 a.m. - 5:30 p.m. POOL TABLES charge, and requires proof of an overt act 571 MARKer STREET, SAN FRANC'leo 14101 ralaR T-U in furtherance of the conspiracy. These PHONE: (415) til'" ANOTHER HARVARD? ter way than that offered by Boalt Hall, know or think they know about a school, Hastings, USF or Stanford; the way of its staff, students, and administration. What do you think should be the Golden Gate Law School. There can't be a reputation if people have Orientation of Golden Gate Law School? We have a reputation in the legal never heard of us. By participation in the Do you want another stereotyped institu­ academic community of the Bay Area. It community's affairs we can put our best a. tion where the manner of instruction too is one not to be compared with those of foot forward and show the people of the. often detracts from rather than adds to other schools in the area because we are community just what we have to offer. the textual material? Should your profes­ of a different natu~e. We aren't s~eking Service in the Neighborhood Legal Aid sors feel that they must drag themselves national reputation by requiring our pro­ Society, counseling of minority students away from their research or interrupt fessors to write treatises such as, 'Who who are interested in the legal profession, their studies to teach your class? If these Owns the Space on the Far Side of the or working in the public defender or civil sound like loaded~questions, it is because Moon?' Instead, we give to our professors liberties programs are all activities in they are intended to be. time; time to devote to the preparation of which both faculty and students could Most of us have friends who have class materials, time to know their stu­ participate. By working with people from attended or are attending other inajor dents. Our reputation is for having one of the community we become capable of Bay Area law schools. A brief conversa­ the finest TEACHING institutions and projecting our reputation farther and far- tion with them as to the comparative staffs in the State. ther afield. quality of their instruction reveals that all Here at Golden Gate Law School The law students are organizing a share the same evil; a cold atmosphere the administration policy is one of build­ civil rights research council designed to where professors assume you know as ing a reputation for teaching excellence. work in areas where time or finances pro­ much as they and consequently little at­ The prime objective is to hire those per­ hibit adequate work by attorneys. They tempt is made at instruction. If you are sons who are effective in class, not just intend to work in almost every area of to get anything from attending their effective on paper. There is little thought the community, among all types of courses you must rely entirely on your of hiring a "big name," we are looking for people. This is an activity in which a own devices. Is this the reputation we teachers rather than scholars. worthwhile side effect would be to carry want for our school? I say there is a bet- A reputation is what other people our name and display our qualities to many individuals. Participation in this It must be noted that August 1969 will be the first time that full-time and other such groups by the students and faculty can be particularly beneficial Golden Gate Graduates will take the Bar Examination. The statistics to the school. herein presented represent the efforts of either night students or day stu­ Two ways of becoming known in dents in the four year part-time program. We fully expect a substantial the community are by publishing scholar- improvement in our performance record by next December. ly articles or by directly working with A and assisting other members of that com- •

CUMULATIVE STATISTICS munity. There are two methods of selec­ 'uf AilC'. 1965 to ~filr. 11)68 E:'llllnill;tliulllI, Indu"ive ting law school staffs; the first based on Tilking EX;lIlIin'lliun fur First Tillie achieved scholarly reputation and the 1'( \ \If: OF !. \ IV ~CIIOor. Nun.Gradnn!('s@ Gradual •.·lJ second based on desire and orientation Pcr Per Cent. C(!nt towards teaching. In both cases Golden Tot .. ! Palllled rallied Total Passf'd }Jasled Gate Law School has chosen the latter, Accrl'ditl'd and I here submit they have also chosen University of California: the better. Hnstings Colll'g-e of Law ...... 1 ...... 761 558 73.3 1 Chas. Haughton School of Lnw, Berkeley ... " ..• 2 ...... 680 542 79.7 21 School of Law, Los Angeles ..... 3 2 1 50.0 619 451 72.9 3 California WI';;tcrn University ...... 4 2 0 0.0 96 44 45.8 4 Golden Gllte College ...... 5 26 4 15.4 81 40 49.4 5 Loyola University ...... 6 ...... 220 163 74.1 6 :YI"(;l'org-c School of Law, University of the Pacific ...... 7 12 4 33.3 63 49 77.8 7 Univer~ity of San Di!'go ...... 8 ...... 110 50 45.5 8 San Frnn<:isco Law School ••• 0 •••••• 9 ...... 49 29 59.2 9 UniversilY of San F!'anciRco ...... , . 10 ...... 186 135 72.6 10 Santa Clara University ...... 11 ...... 65 45 69.2 11 University of Southern California ..• 12 11 7 63.6 356 243 68.3 12 Stanford University •••••••••••••• 0 13 1 1 100.0 289 223 77.2 13 Unaccredited California College of Law ...... 14 ...... 9 4 44.4 14 Humphreys Colleg;) .....• '" ...... • 15 46 10 21.7 ...... 15 Lincoln University ...... 16 7 1 14.3 77 19 24.7 16 Pacific Coast University ...... 17 ...... 31 6 19.4 17 University of San Fernando ...... 18 5 2 40.0 105 26 24.8 18 Southwestcrn University .•.... , .. , . 19 29 2 6.9 377 132 35.0 19 University of West Los Angeles ..... 20 ...... 3 2 66.7 20 Van Norman University ...... ,. 21 3 0 0.0 67 5 7.5 21 OUl of State@ Hnrvard Law School ...... 22 ...... 147 131 89.1 22 University of l\lichh:an ...... 23 1 0 0.0 60 44 73.3 23 Yale Law School ...... 24 ...... 34 29 85.3 24 All Oth('rs " ...... " ...... 25 .. .. .,. 450 2GB 59.6 25 -4- BLOODBANK GOLDEN GATE COLLEGE Why not give blood? It doesn't hurt, it only takes about an hour, it can '_ save you money and after you finish BOOK STORE you feel pretty good - after all it might just save someone's life. Christmas Sale Anyone giving blood for the first time might be just a little apprehensive about small details such as pain or Thursday 12/12 LAW SPECIAL - 10% off West's Calif. Codes inconvenience. As far as pain goes, there is little if any. A skilled nurse Friday 12/13 Sweatshirts $2.00 puts the needle in so gently that you hardly feel it. What little pain is in­ Monday 12/15 10% off regular paperback selection volved certainly shouldn't deter any of the strong, virile future lawyers, judg­ Tuesday 12116 10% off Parker Pens es and insurance salesmen who grace Wednesday 12/17 10% off non-text hardbacks our hallowed hallsl The inconvenience should also be inconsequential; for if Thursday 12/18 Pot Po uri we start a blood bank fund here at the college, as I think we should, the Friday 12/19 Pot Pouri blood bank will send a mobile unit to us at a convenient time. EACH DAY: RUMMAGE, CAM FUS PACS & RECORDS Although seven thousand units of blood are processed monthly, there is a constant shortage. This is because blood can only be stored twenty one days and blood is increasingly re­ quired in modern surgery techniques (open-heart, heart-transplant, etc.). The only available source is the human abody and therefore the blood banks Wdepend on donor support. New donors SKI SPECIALISTS are urgently needed. If you're reaSon­ ably healthy and weigh at least one hundred and ten pounds (sorry Mr. Smith) give it a try. Blood costs about $25.00 per unit plus incidental hospital fees of approx­ imately $15.00. This amount can be repaid by a friend's donation but most KENNEAllY'S often it comes out of the patient's pocket. The advantage of a blood bank fund is that all donations are credited to the group membership and SKIS BOOTS CLOTIDNG should any member or one of their im­ • Head • Lange • Head mediate family (depending on the par­ • Kneissl • Koflach • Ljungberg • Rossignol • Nordica • Loper ticular plan) need blood, the fund • Alps replaces it free of charge. Such funds • Fischer • Humanlc • Montant are commonly used by business firms • VR 17 • Raichle • Obermeyer • Sportcaster to assist their employees shouid they • Tempco need a transfusion at any future date. A blood bank fund is very easy RENTALS to start and] seriously urge that we do for the entire family so here at the college.- all we need is donors. How about it? . Further information can be obtain­ New Enlarged Ladies' Boutique Next Door ed by contacting the Irwin Memorial Blood· Bank at 270 Masonic Avenue OPEN EVENINGS: MONDAY, TUESDAY, WEDNESDAY, THURSDAY _rom 9 a.m. to 6 p.m. Monday through Ask about our F R E E Parkinq Friday and on Saturday from 8:30 a.m. until 2:00 p.m. Or the author! 67 SECOND STREET Between 362-6042 Vic Lazcano SAN FRANCISCO Market and Mission 3 6 2 -3 6 7 6

-5- REPRESSION from page 3 around the Federal conspiracy case of often free to legislate or to decide great punished as misdemeanors maybe they KRULEWITCH v. UNITED STATES social issues largely in accordance with would think twice. This concept is as 336 U.S. 440. Some' of his argument~ their political convictions, it has rendered false as it is familiar. It should be clear to were clearly applicable to the misuse of the courts open to the bitter and constant all concerned that the leaders of the any conspiracy law. He wrote: "conscious cry of class partisanship." Ibid at 427. • "Movement" are willing to sacrifice even appellate review of conspiracy convic­ The purpose of this article has been to illustrate the dangers inherent in an ex­ their lives if necessary to carry out their tions as well as caution and restraint tension of the conspiracy law to the tes­ goals. No one wants to go to jail, but as among prosecutors is necessary." 54 ting ground today centering in Oakland. Terence Cannon has put it, "If we could Georgetown at 155. The judge's call for If the Oakland Seven are convicted does do it again tomorrow, we'd do it." On the restraint does not appear to have reached Alameda County where District Attorney it not stand to reason that mass demon­ other hand the use of the conspiracy law Coakley has made clear that he will use stratons will be severely hampered? Is not in California undoubtedly would have a the conspiracy law against demonstrators some prior planning essential to these "chilling effect" on the exercise of free as much as possible. Coakley has said in demonstrations? Will not dissent be muf­ speech and assembly by many Americans the Oakland Tribune, "The indictment fled or driven to clandestine violence? To not as willing to sacrifice as those young procedure in such cases is a new one, A this writer the answer to all these ques­ men who will soon be on trial. Could this NEW POLICY WE HAVE ADOPTED tions is clearly yes - and the victims will be the raison d'etre for the use of the and should serve as a warning and be more than just the dissenters. The real conspiracy law in the current context of notic~ to people who would violate the law by loser will be America. Whether you agree today's struggle in this country? so expressing themselves ..." (emphasis with their tactics or not it must be con­ Yvonne Merga concluded with the added). ceded that people like the "Oakland observation that the conspiracy law would be applied fairly because judges As Professor Francis Sayre wrote in Seven" have done much to bring to the have been tempered by centuries-long the 1920's when animosity in this coun­ surface and expose to public scrutiny in­ try was directed against labor unions and criticism of the crime. Ibid at 469. It is justice at home and ill-conceived actions true that judicial criticism has often re­ the conspiracy law was used against strike abroad. Members of the Bar and law stu­ strained people in authority who would leaders, "A doctrine so vague in its out­ dents should do all in their power, whe­ use the law as a tool for their own inter­ lines and uncertain of its fundamental ther through the state legislature or be­ ests. However, the hysteria of the time we nature as criminal conspiracy lends no fore the courts, to seek a review of the live in should still make us think twice strength or glory to the law, it is a veri­ conspiracy laws and the prevention of about extending the scope of conspiracy table quicksand of shifting opinion and ill their application to leaders of mass dem­ laws. considered thought. 35 Harvard Law Re­ onstrations. Judge Alvin Goldstein, a lecturer in view 393 (1922). Sayre added, "It has Walter Gorelick law at Golden Gate warned of the danger tended to make the law chaotic and form­ of overextending and misusing the con­ less in precisely those stiuations where spiracy laws in an article found in 54 the salvation of our troubled times most Law Books Gerogetown Law Review 133 (1965). Al­ demands a precise and understandable though Judge Goldstein's article, THE law. Because under its cover judges are . New Used KRULEWITCH WARNING, revolved SAVE MONEY '/1\ -'-1 BY DEALING WITH LAKE " /1 ,- I 1 '\ ' 1/' - ! All student Books & Aids i/ Also Practice Sets

.'/ Come where your credit is good!

r ! Harry B. Lake Kenneth W. Lake MAIN STORE 339 Kearny St., San Francisco SUtter 1-3719

BRANCH STORE 138 McAllister St., San Francisco UN 3-2900

'/

-6- OUT OF THE RUT Lawyer's Guild SBA NEWS by Jonathan Rutledge Attorney Terence "Kayo" Hallinan The SBA has been meeting bi­ There are times when law school be­ spoke at a meeting of the student chapter monthly and held its last meeting on No­ ..comes a disillusioning experience. Every of the National Lawyer's Guild last vember 21, just prior to the Fall Dinner ,., student goes through the experience of month as a part of that organization's reg­ Dance. having a bad day in class, receiving a poor ular noon speakers program. The Guild The meeting included a discussion of grade, having a personal conflict with a hopes to present stimulating and contro­ the Fall Dinner Dance, professor-class eval­ professor to whom you are obligated to versial speakers every Thursday and time­ uation, separate graduation for the law listen every week. ly notices of such meetings can always be school and a report on the tuition for mem­ These demoralizing events all stem found on the Law School bulletin board. bers of the law survey. from a school system that completely re­ Terence Hallinan, whose father Vin­ The Fall Dinner Dance brought out volves around the drudgery of going to cent Hallinan is a nationally-known attor­ about 220 students and about 20 alumni class, taking notes, and studying at night. ney, is well known in his own right after and professors. Sales were not as high as Our school offers us little else. practicing law for less than two years here anticipated, but good. It is the right of a school to charge in San Francisco. Tentative professor-class evaluation tuition and fees; it is the duty of a school to The young attorney's admission to sheets were made up and discussed by the prepare a student, particularly for that the practice of law was, itself, perhaps the SBA. It was decided that these will be specific endeavor the school holds itself hardest battle of his short but already passed out at mid-year and when the final out qualified to teach. Our school offers us controversial career. A graduate of Hast­ grades are posted; that the professors will few of the extra-curricular activities that ings Law School with high standing in his be rated according to how the subject mat­ are necessary for us, as students of the law, class, he was denied admission to the bar ter was put across to the class and that any to emerge with a well rounded and prac­ by the Committee of Bar Examiners on teacher with an unusually poor rating will tical approach to that occupation for the basis that he did not possess the be rated by past as well as present classes. which we are paying $1000-plus a year to "good moraY character" necessary for ad­ Further study is to be done on presenta­ become qualified. mission. Hallinan had already passed the tion and the pros and cons of publication It is ironical and indeed quite sad in Bar examination and the Committee's ac­ before the evaluation is actually made. this era of student unrest that the admini­ tion was taken to court. A report was made regarding the law stration and board of trustees of this law Proceeding on a petition to review survey; the Executive Committee has ap­ school have not seen how fortunate they the action of the Committee of Bar Ex­ proved a proposal that the class be tuition­ are to be at an institution which offers no aminers, the Supreme Court of California free and that last year's class be presented student rebellion; nor, it seems, student in a sixteen-page decision written by Jus­ with a copy of the survey. President Sharp Aunrest. Golden Gate Law School appears tice Peters overturned the ruling of the has indicated that the full Board's approval - to be the living example of why students Bar Examiners. The Supreme Court deci­ is expected. have had to resort to being militant and sion as reported in 55 Cal. Rptr. 228 over critical of a situation in order to ob­ (1966), should be required reading for tain any rights or recognition at all. Does everying taking a course in Legal Profes­ the administration of this school make it a sion. This case has important ramifi­ prerequisite that the students close the cations for the activist law student who school down before we get a trial practice wishes to enter the legal profession and group, a legal aid society, a legal research for anyone else concerned with the pro­ pool, an organized recreation program, a tection of the advocacy of unpopUlar public relations committee, ad infmitum? ideas. All sponsored (yes that might even mean a Aside from the interesting facts _-----:::::::::::::::=::.....----..., little of our money used in a way we want) about Hallinan's life, the case is note­ The basic steps in a career in Law by the administration and run with the worthy for its holding that ... "the dis- are very well defined: a Degree help of our faculty. continued on back page from a good school, Passing the The time has come for law students of our school to at last unit to obtain the Bar Examination, and a Resume, common goals which we all want; for the well written and perfectly printed., student bar representatives to effectively Golden Gate provides a prime ed­ reflect their class feelings at meetings; for ucation. The Bar Exam is up to you. sound and constructive resolutions to be "A Happy adopted and presented to the administra­ We can help with your resume. We tion and faculty; for the administration to Place" have been helping law students for discuss them with our representatives and years, and know how to present undertake some meaningful programs, and your facts so you wi II stand out as for the faculty to help the students outside of the classroom as well as inside. an individual. Give us a call ... The time has indeed come. The RESUME BUREAU EX 7-0135 LUNCHEON FROM 11 am C()CKTAILS UNTIL 11 pm GG Law School students pay lower TELE. 362 2948 Battery at Bush and Market rates, but get our usua I top quality. -7- LAWYERS GUILD from page 7 cause of the outcry engendered, the Com­ DANCE from page 1 tinction between admission and disciplin­ mission has ordered psychological tests be ary proceedings is today more apparent administered to all prospective members San Francisco Bar Association Foundation than real." In essence the court limited of the Tactical Squad as a requisite for award. and defined the test of admission, hereto­ assignment to the unit. During the ques­ A word of thanks should be convey-e fore "good moral character" as set forth tion period Hallinan urged law students ed to Joe Gruber, who worked extremely in the California Business and Professions to taken an active role in the community hard to plan this affair and to Duncan Barr Code 6066, by in~icating that the appli­ and to aid lawyers who are working in who arranged for the band. cant's moral character must be judged important cases in the criminal and civil R. Bass from the standard of "moral turpitude" liberties fields. He cited his own participa­ as required for disbarment in Business tion as attorney for many of the twenty­ LEGISLATIVE REFORM and Professions Code 6106. seven men at the Presidio who are being from frant page tried on charges of Mutiny as a result of In the case at bar the court said in tion ... are lessees under form leases and their peacefully protesting the killing of a regard to the petitioner's convictions for debtors under form promissory notes." military prisoner. civil disobedience in various Civil Rights By initiating this kind of legislation, demonstrations, "If we were to deny to Walter Gorelick Mr. Farber has demonstrated what those every person who has engaged in a "sit­ (Ed.note) See Walter Gorelick's article in who are committed to eliminating class the October 1968 issue of the Caveat for in" or other forms of non-violent civil dis­ bias from the administration of justice suggestions on how to better police-com­ obedience, and who has been convicted can do as a result of the experience gain­ munity relations. therefore, the right to enter a licensed ed as practicing attorneys. profession, we would deprive the com­ NOTES ON LSCRRC from page 2 D. F. Zickerman munity of the services of many highly These are some of the questions qualified persons of the highest moral LSCRRC will be attempting to answer. courage." 55 Cal. Rptr. 239. Involvement of a more personal na­ It can be fairly concluded that the ture is provided during the summer by !Y5?i Supleme Court in this case, while not B:li means of placement of students in various condoning violations of the law, makes it internships. These internships fall into clear that non-violent illegal actions three main categories; with private attor­ against laws which may be unjust does neys, with civil rights, civil liberties and not constitute "moral turpitude" as de­ poverty program organizations, and with fined under the statutes and case law of community organizations. ~ this jurisdiction. A student placed with a private at­ 11Ir1DUl1 Since Hallinan's entry into the prac­ torney can expect to do research on a tice of the law he has taken many cases of number of cases involving a variety of pro­ unpopular nature that other lawyers blems, from housing discrimination to would not handle and has spoken out demonstrations, from school desegrega­ time and again in exposing discriminatory tion cases to police practices problems. IS.,.,...... practices and violations of Civil Liberties Another group of LSCRRC interns ...,..,...... W __,... still too common in the Bay Area. His are placed with such organizations as the address at the law school dealt mainly NAACP, ACLU, and various Neighbor­ with the alarming increase in the last year hood Legal Services Offices, such as Cali­ LUNCH 11:30 - 4:30 of police actions against demonstrators fornia Rural Legal Assistance. The activi­ EARLY DINER 4:30 - 6:30 and others. In this regard Attorney Hal­ ties of interns with the Southern Civil linan has been a leader in the fight to Rights Organizatons is an example of what COMPLETE DINNER $2.95 abolish the so-called "Police Tactical is loosely termed "field work." DINNER 6:30 - 8:30 Squad" here in San Francisco. The last category is unquestionably Hallinan termed the Tactical Squad the most nebulous. Community organiza­ SATURDAY 6:30 - 10:30 a "para-military unit composed of mainly tions generally deal with problems of wel­ ex-Marines who often carry out their ac­ fare, police brutality, housing, education, tions with clubs drawn and marching in and employment. military formation." He alleged that not The selection criteria is set out by only were members of this unit respons­ LSCRRC as follows: " .... the aim is to ible for many acts of brutality in the past recruit the most competent and alert appli­ year - citing incidents at the Fairmont cants. However, the chapters should take a Hotel, Haight-Ashbury, and in the Mis­ number of other factors into considera­ sion, but that this squad often turned tion. Among these are: whether the appli­ peaceful demonstrations into angry con­ cant was active in the chapter's activities frontations by their manner and actions. during the year; whether he will become In Hallinan's opinion not only have they active during the upcoming year; might the EDITOR - Harvey Levinson failed to appreciably stem the growing Associate Editor - Walter Gorelick internship create a personal and profes­ Circulation Mgr •• William Helfrick disorders but they have actually inflamed sional commitment to solving the pro­ Editorial Staff: large elements of people in the com­ Jon Rutledg.e blems of civil rights, civil liberties, or Duncan Barr munity and contributed to a growing dis­ poverty, does the applicant have any rele­ Joseph Gruber respect for police. The Police Commission vant experience; and is he likely to assume George Warren has refused to abolish the unit but, be- a leadership role in the chapter." Photos - Ron Bass -8-