Georgia Advocate, Summer 1968, Vol. 4, No. 3 University of Georgia School of Law

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5-1-1968 Georgia Advocate, Summer 1968, Vol. 4, No. 3 University of Georgia School of Law

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Vol. 4 No. 3 UNIVERSITY OF GEORGIA SCHOOL OF LAW, ATHENS, GEORGIA May 27, 1968

SECRETARY RUSK HIGHLIGHTS LAW DAY 1968

By Gerald Rutherg Warmly received throughout his all too })rief visit. Secretary of State Dean Rusk touched on many import ant issues in a Law Day address de livered in the Fine Arts Auditorium, iViay 4th. The native Georgian came home to 5peak before a capacity audience of some 1,800 persons, not including 50 anti-war demonstrators who paraded f^uietly just beyond the doors of the auditorium. prolonged applause greeted Mr. p.usk following his introduction by Day Chairman Tom Harrold, was responsible for bringing Mr. pusk to Athens. Apparently greatful (Advocate Photo By Caldwell) £^r the show of appreciation, Mr. pusk attempted to estaidish the best ^.^pport possible with his audience Sunday "Blue Laws" Upheld under the circumstances of having to deliver a prepared speech. In Moot Court Finals The result was an unusually hushed. By David Groves Mack Player, recently named to re Iceenly attentive audience listening to place Professor Pasco Bowmanas head at times fatherly lecture from a On May 3rd, the finalists in the of the moot court program, is already juan who has travelled over 800,000 second year moot court competition at work planning the program for next juiles in seven and one-half years of met in the newly dedicated Hatton year. The first task is to choose next service to the nation. Lovejoy Courtroom as a part of the year's national moot court team con After completing his prepared re Law Day activities to argue the con sisting of four members. Inter-sec marks, Mr. Rusk removed his eye stitutionality of a Sunday closing law tional meets are also being planned glasses and attempted to explain the enacted by the state of Transylvania. for next fall against moot court teams ^ourse of American foreign policy in The Court consisted of Hiram K. from other schools. Other outstanding j-ecent years. These remarks may Undercofler, associate justice of performers in this year's second year j.,ave been intended as much for those Supreme Court of Georgia, J. Kelly class competition will be invited to uUtside the auditorium as for those Quiilian, judge of the Court of Ap participate in these special meets. An vvithin. peals of Georgia. William B. Steis, other intrastate competition is plan Mr. Rusk emphasized tliat the Chairman, Special Judiciary Commit ned for next spring—hopefullv with United States is determined to avoid tee, Georgia House of Representa all three law schools in Georgia par 3 course of appeasement similar to tives. Howell C. Erwin. Attorney at ticipating. that which, he said, led "straight into Law. Athens, and D. Meade Feild, the catastrophe of World War Tl." Professor of Law at the University of Next year's second year competi He added that "We shall not have a Georgia. In a close 3-2 vote, the team tion program will be planned and ad chance to learn the lessons of World of Jerry Blackstock. Ronald Cooper ministered by Professor Player in con War III. There won't he enough left. and Charles Piusley was successful junction with a new Moot Court Board we had better address ourselves to for the state against the team of Mark to be set up. The ultimate goal will the problem of organizing a world Silvers, Jimmy Paul and Tom Moran. peace. We mav have sharp differences The Law Day match ended one of be a self-administered student pro as to how this should be done, hut the most successful moot court tour gram similar to that of the Law Re- Cont'd, on back page naments in recent years. Professor Page 2 ADVOCATE May 27, 1968

Dicta pened. With the increased interests shown in the SEA elections this spring DEAN'S and the new slate of officers perhaps What ever happened to separate something can and will be done. Of CORNER graduation? The proposal has been course the faculty will probably have kicked around for several years but to attend the graduation program if seems to have been kicked firmly it is held in the Law School where it by under the table this year. Each year ought to be, but why not? Lindsey Coiven, Dean those students campaigning for Stu » e » dent Bar Association offices offer a The Staff of the Georgia Advocate vigorous program including promot elected new officers for next year at ing a change from the present grad a recent meeting. They are Jim Mar Every so often, about once a year, I guess, I feel like leading a protest uation system Avhere the Law School tin, Editor; David Groves and Dun against the very existence of the graduation is held in conjunction ham McAllister, Associate Editors; with the undergraduate university Spring Quarter. It is always so and Milton Lefkoff, Business Mana graduation. Thus far nothing has hap jammed with activities that it seems ger. as though there is not enough time to do anything properly. So, annually, as the Spring Quarter comes to a close, I tell myself that next Spring it will Faculty Activities be different, that some activities will be moved to other quarters, and that By Mike Kovacich the Law." He has made four tele others will simply not be scheduled. Continuing the feature started this vision appearances on educational But for some reason I have never year on faculty activities The Georgia television discussing duties and re been able to accomplish such a re Advocate presents this report on the sponsibilities of policemen in enforc vamping of the annual calendar. activities of some members of the ing the law. Mr. Murray has address One of the very real chores of the faculty. ed the Georgia Chiefs of Police on Spring Quarter, and one which can Dr. Chajjin has recently completed "Recent Supreme Court Decisions." not be rescheduled, is the preparation the Georgia Annotations to the Re He has participated as a member of of the annual Dean's Report. It is al statement (Second) of Trusts. This the Finance Committee of the Law ways a headache because there is so project was sponsored by the Georgia School Admission Test Council, which much which must be compiled and State Bar Association in cooperation has met in Washington. D. C. and included in the permanent record. Yet with the American Law Institute and Montreal. Mr. Murrav has also con this process of compiling information will be published later this year in tinued his membership on the Gov about the year's activities brings back book form by the American Law In ernor's Commission on Crime and to mind both the reverses, happily stitute. He delivered a paper "Estate Justice, his membership on St. Jo normally few in number, and the Tax Consequences of Creating Des seph's School Board and his super many successes which have occurred cendable Future Interests and Rever vision of the U. of Ga. Law School during the preceding year. Admissions and the Legal Aid and sions" at the Thirteenth Annual Estate This vear's major setback is, of Planning Institute. Dr. Chaffin has Defender Society. course, the impending retirement of completed a research report on "En Mr. Brumby, the Law Librarian, our colleague and friend. D. Meade largement of Administrative Powers continues to be occupied with the ac Feild. Meade has been one of the of a Trustee" for the ABA Committee quisition of lihrarv materials from great strengths of this faculty for on Modification. Revocation and the special fund of SI.000.000 that many vears. and he has earned for Termination of Trusts. He will attend was made available about two vears himself a place wliich no one else the Annual Meeting of the American ago. It is expected that the remainder will ever fill. But our sense of loss Law Institute. Washington. D. C., will be usefully expended during the in Athens is lessened by our know Mav 22-24. next year and a half. To complete or ledge that he will continue to serve Dr. Green attended the United ganization of the materials will re the legal profession in Georgia as a States Fifth Circuit Judicial Confer quire several years longer. Professor of Law at our sister school ence in Dallas on April 17-19 at the Mr. Davis will be active this sum at Mercer University. invitation of the Circuit Judges. He mer as a visiting professor, for the Our successes have been many. has spent much of the last year in first six weeks at the University of Gonsnicuous among them have been preparatory research, collecting ma North Carolina teaching Constitu the dedication of our facilities in the terials and in writing his findings for tional Law. and for the second six- Fall with Mr. Justice Black as the use by his class in Georgia Practice. week term at the T^niversity of Ar principal speaker, and our Law Day He plans to continue his research in kansas teaching Contracts. exercises this Spring which featured the future. Mr. Jackson recently spoke to the United States Secretarv of State Dean Mr. Murrnx addressed the Athens T nivprsitv of Georgia chapter of the Rusk. Botli events focused national Chantrr of the American Civil Liber- Hillel Foundation on the suliject "Is ato-ntion on llir Universitv of Georgia tie- Union on "Equal Enforcement of there a conflict in BilJical Law?" School of Law. alt! loiigh it is not com- May 27, 1968 ADVOCATE Page 3 pletely certain whether tlie TIME ar ''Legal Eagles" Hold ticle, on balance, was an asset or a GEORGIA liability. Fourth Position Also clurinp: the year. Professor ^tibocate Bowman anrl his Advisory Commit Published quarterly by the students By Tom Hicks of the University of Georgia School tee completed the Corporation Code of Law. Study, and as a result of their efforts X'i'ith the final results of three out and those of several dedicated legisla of seven spring contests tallied, our tors, many of whom are graduates of best anticipated performances are yet Editor in Chief Jerry B. Blackstock this School. Georgia enacted a new to come. Although the "Legal Eagles" Associate Editor James F. Martin and modern corporation code. have been very impressive in the Business Manager Michael Kovacich But in this year, as in the ])ast. the minor sports, the baseball team has Reporters: achievements which have counted the been plagued with inequitable fortune. Boyce Connell Charles Krumbein jTiost are those of our students. Our With strong enthusiasm and spirit Tom Cooper Dunham McAllister IS^ational Moot Court team earned a which has been outstanding through Mike Dover Gerald Rutberg trip to New York by defending teams out spring drills fthere is at least five David Groves Photographers: from Tennessee. Mercer, and Florida minutes practice before each game), S. Christopher Hall Spencer Caldwell jn the Region Seven competition. Un the surprise of the season is the rec Tom Hicks Dick James fortunately. for the second time in as ord. With one game left. Ave are doAvn Kip Kirkpatrick iTiany trips to New York. Georgia lost 2 to 3; but onlv because fate is not jn the first round to the team which with us. The highlights of the last ultimately became the national win game were a homer bv Charley Swartz ner. It is some consolation that the though the Governor of Athletics fafter which he struck out), a double hasn't been overrun with drones of jnembers of this year's winning team hv Danny Tate (which would have from Boston College were kind competitors that he'd like to see (there been a homer had he not slipped has been an anticipated dearth of first- enough to say that our team gave rounding second), and Ron Rogers' them the stiffest com])etition they en vear men). some all around outstand getting causrht stealing home: with ing efforts have been recorded by countered in their road to the nation poor breaks like that what can you ex- al championship, and 1 am entirely jiect from the hoys? people like Ron Rogers and Bruce ^villl'io take that statement at face Kirwan. We can expect to see excel value. In mid-April this success was Our net game has been the most lent performances by Hank Spires and duplicated when another of our teams outstanding sport thus far. George Dave Ogilvy next year, along with ConneH';; "tennis whites" psvched out vvon the First Annual Intrastate Moot a host of fresh. neAvly confident sec Court Competition held in Atlanta all his oooonents and got him through ond-year men. We may even see under the auspices of the Younger the finals (blue shorts, yellow shirt, one or two spectators next season. Lawyers Section of the State Bar of and no socks), but it wasn't enough With the newly appropriated SBA Ceorgia. for the team to win the championship. trophy for the one who has done most Finally, the achievements of our However. Jim Wimherlv. Dan for athletics, presented this year to genior Class on the Georgia bar ex- Weilie. Wendel Johnson and Ralph Charley SAvartz. the competition and aniination. reported elsewhere in AlcCelland nut forth sterling per enthusiasm for next year's squad these pages, must not he overlooked; formances in bringing us the ping should be overAvhelming. The advo fjy anyone's standards, the passing pong championship. cates of justice shall reign supreme percentages are impressive. Of course, To round out the final results, track on the playing field—it's only just some work remains to be done, but and field saw outstanding perform that Ave do. there is justifiable satisfaction in ances hv Andv Heiskel in the 880. jioting the dramatic improvement in Tom Jones in the shot, and Ron Rog ers in the 100. Wrestling saw out har results. National Moot Court This is not to say that there are no standing performances from no one— as a matter of fact, it saw perform other problems. There are. but we Team Selected gre working on them. Nothing appears ances from no one. lo be beyond solution, although it Our big hones are riding on the up Professor Mack Player, recently will take not only the sustained ef coming golf contest. With three forts of all members of the Faculty scratch shooters. Jack Wotton. Jack appointed head of the moot court pro and student body, hut also the sup Littleton, and Mark Silvers, we should gram. has announced the selection of port of our alumni and friends wher see a definite team win. To couple the National Moot Court team for ever they may b(>. Still, the future is the golf victory, our tug-of-war team next year. bright; and so. all things considered. ha< a good chance to muscle its way Mrs. Mildred Bell. Mr. Ronald S. I think maybe 1 won't move, at least to the championship. Cooper and Mr. Jimmy Paul Avere right now. to abolish the Spring Quar With the intra-mural season closing ter. No matter how hectic it has been, out. the "Legal Eagles" are fighting chosen by the faculty selection com tliis year it was clearly worth the ef to hold on to fourdi nlace in the field mittee Avith Mr. Allen Keeble chosen fort. of ten professional league teams. Al- as alternate. Page 4 ADVOCATE May 27, 1968

FULLER DELIVERS PROVOCATIVE SIBLEY LECTURE

By Gerald Rutberg a plane incapable of handling it. Prof. Fuller devoted the second Introduced as one of the brightest portion of his lecture to examining stars on the Harvard law faculty, Pro the development of the rule of law fessor Lon Fuller did his best to live up to that lofty billing with a thought- provoking Sibley lecture delivered in pose provincialisms and unconscious the law auditorium April 2nd. biases which seem to cloud our feel Prof. Fuller spoke from a prepared ing on this problem." text for an hour on "The Law's Pre Prof. Fuller defined the problem carious Hold on Life." The first por faced in emerging nations as one of tion of his lecture dealt with three transition from customary law to en areas where Prof. Fuller believes the acted law "among people ^vho are law fails to be effective. The second not used to thinking of law as some portion of his address concerned ap thing made or enacted." plication of the rule of law among As a means of cautioning those emerging nations. The role of the police patrolman on skid ro\v was pointed to by Prof. cess of law by custom jiracticcd in (Advocate Photo by Caldwell) Fuller as a prime example of an area many emerging nations. Prof. Fuller where the law fails to achieve an ef PROFESSOR LON FULLER quickly pointed out some verv cus fective hold on life. He noted that the tomary practices seen in the United laws of property don't apply in a skid Turning to the automobile in draw States today. row type of society for "these people ing a third example of where the law He underlined the American cus take things so often that no one can fails to achieve an effective hold on tom of withholding criminal action tell what belongs to whom." life, Prof. Fuller lashed out at the where the wrongdoer is willing to tort liability requirement of pinpoint make restitution. Prof. Fuller rapped Prof. Fuller explained that the po ing fault where fault is, in fact, im liceman on skid row is cast in a hu this customarv practice of forgiveness possible to prove. A multi-car pileup as simply "compounding the felony.'* man wilderness as a participant ob involving cars travelling at 70 miles server "not on a mission of enforcing He noted liiat this example of cus rules of law. hut in keeping the in an hour on an eight-lane highway is tomary law in America should enable said by Prof. Fuller to be a situation habitants from sinking deeper than Americans to see how custom has de- the mess they are already in." where the law requires proof of negli gence in a situation beyond the reach He termed the skid row situation of ordinary powers of human observa- a result of projecting forms of law tion and judgement. customary law may be quite different on a society too chaotic to maintain' As an allernative to the iiegligence :hrwarof.''oV'i'JomoiV! piirpo in them. approach Prof. Fuller suggests that institution." Prof. Fuller said. Prof. Fuller identified econd compulsory insurance he required area of legal ineffectiveness the husi- with guaranteed compensation, re- "Customary law is primarily one of ness practice of using printed forms gardless of fault, intimate face-to-face relations," he to restrict contractural relationships. In summarizing the first portion added. In summarizing the first portion Prof. Fuller emphasized that the This "battle of the forms" was scored of his lecture. Prof. Fuller termed the by the white-haired Prof. Fuller as a above three illustrations examples of purpose of enacting rules to replace custom in emerging nations is sim meaningless exercise. areas where the law injects itself on ply to bring diverse cultural systems into one legal order. This he defined as the problem of emerging nations.

Russell Elected Legal Aid President Georgia law professor Wylie H. Da-

The Legal Aid Society recently^ of Criminal and Civil Affairs will be Dean Lindsev Cowen. Dean Cowen elected a full slate of new officers to filled by Don Loggins and Bill Boyett took the opportunity to announce that Iiead the program for next year. respectively. Prof. Davis had accepted a permanent Jerry Bussell was elected as Presi- The Legal Aid Society also an- position on the rhoruia law facultv. noiinced the names of the members While visiting the law sciiool. Prof.

Civil Affair^. The offices of Secretary patrick. Review at a luncheon in his honor. May 27, 1968 ADVOCATE Page 5

D. Meade Feild BAR EXAM RESULTS

Honored At Dinner With the results of the winter bar shows an 80% passing figure for By Dunham McAllister exam recently made public, another those who have taken the bar exam. It was a different kind of testimony. page has been added to the success Those in the bottom quarter of the The some 250 people—alumni, stu story of the University of Georgia class who have taken the bar exam dents, faculty—came to give testi School of Law. show a 67% success figure. mony of appreciation to a retiring Of the 58 students listed as mem The trend is even more impressive professor and legend, D. Meade Feild. bers of the class of 1968 for the spring when compared to the bar exam re Professor Feild is retiring from the quarter 1968, 38 have taken the Geor sults of the Class of 1967 at this time Law School at the end of this quarter gia Bar Examination. The results last year. The Class of 1967 reported after 20 years of continuous teaching show not only tremendous support an 89% passing figure at this time at the School. He and Mrs. Feild will for the program here at Georgia but last year for the top half of the class move back to Macon where Professor also indicate the merit of a recent compared with a 95% figure for the Feild will teach part-time at Mercer statistical report issued by the Dean top half of the Class of 1968. The where he served as Dean before com of the school of Law, Lindsey Cowen, bottom half of the Class of 1967 re ing to Georgia. entitled "Class Standing Does Make ported a 58% success figure at this The appreciation dinner the night A Difference." time last year compared %vith 75% before Law Day heard several alumni Students ranking in the top quar passing in the bottom half of the ter of the class of 1968 who have tak tell of Professor Feild's classroom, his Class of 1968. influence, and his interests. en the bar exam show a percentage passing of 100%. Students in the sec These figures speak for themselves Judge Sidney 0. Smith, 1949, Fed and merely echo what many of us eral Judge for the Northern District ond quarter of the class who have tak of Georgia, said that students go en the bar exam report a 90% passing at the University of Georgia School through three stages of feeling toward result. The third quarter of the class of Law have known for some time. professor Feild—terrified of him, hat ing him. and loving him. A plaque presented by Gerald Bur LAW FRATERNITY NEWS rows, and read by John Corry, 1965, vvas given Professor Feild citing him By Mike Dover held April 26 in conjunction with Phi Alpha Delta. for his "many years of outstanding In direct defiance of the Spring service to his fellow man and profes- Quarter work load imposed at the In addition to helping with this party Phi Alpha Delta also has had sion. Lumpkin School of Law, a recalci And King Cleveland, 1949, pre trant sprout of social life manages to an enviable steak and beer party and sented a check from alumni and subsist. The two chief proponents of has initiated a series of "happy hours" which will continue through friends for S2.500 to Professor Feild. this blatant insurrection are Phi Delta Norman Underwood. 1966, presided Phi and Phi Alpha Delta legal fra out the quarter. gX the event. ternities, which provide something of Both fraternities were active in or But the evening was not the usual an organized social vent for the ganizing the supper honoring Mr. Feild, and Phi Alpha Delta presented appreciation dinner. It was more like abraded law student. a comedy hour with many of the Mr. Feild with an engraved ice bucket speakers typifying Professor Feild's Both Phi Alpha Delta and Phi in appreciation for the many years he good humor by using his best known Delta Phi have announced their re has served as faculty advisor for the spective Spring slate of officers. The stories, gestures, phrases, and class P.A.D.'s. room performances to convey their officers for Phi Alpha Delta are: Jus In recognition of outstanding ac appreciation and admiration. tice, Dave Daniel; Vice-justice, A1 complishments at the University Law Bowers; Treasurer. Bob Rowe; Clerk, School, both fraternities presented Dave Daniel. Chief-Justice of PAD Don Loggins, and Sergeant-at-arms, to whom Professor Feild was faculty awards at the Law Day ceremonies. advisor, gave him an item "not to Bob Smith. The newly elected officers Phi Delta Phi honored Boyce Gonnell further your profession but your hob for Phi Delta Phi are: Magister, Tom as the outstanding graduate and Da by—an ice bucket." my Chamhless. Exchequer. Leonard vid Carnahan for having the highest Fred Hand. Jr.. 1959. had the im Skiles; Clerk. Ralph McClelland; and average in last year's first year class. possible task of defending the Flynt Historian. Danny Tate. Phi Alpha Delta recognized Bill Good Biver Ah'reah. Phi Delta Phi's contributions to man as the brother of the year. Earl Mallard. 1957. gave a "Marvin the social scene have been the co- I'm sure this sketchy survey of the Griffin speech." sponsoring with the S.B.A. of the quarter's activities is not complete, Chuck Driebe. 1958. told of foot cocktail partv on Fridav of Law Day but it does touch upon some of the notes in Judge Eberhardt's opinions. weekend and also a Combo party more noteworthy activities of the fra And the guest of honor was report Saturdav night, which according to ternities. To the fraternities go many ed to have "turned down" every Frank Allen was a striking success. thanks for their untiring efforts in Schlitz offered him—or maybe that Phi Delta Phi also furnished the band the pursuit of nleasure within the con should be "turned up." for the band, beer and shrimp party fines of the Lumpkin Labor League. Page 6 ADVOCATE May 27, 1968

FACULTY FORUM often proves to be the most practical man around — as Einstein demon strated — and the educated realist With this issue, the Georgia Advo Of course, these winds of change must often be as pointedly cgghead- cate boldly initiates a new column. blow up much division and contro- ed as any academician, there is an in To he called simply the faculty jorum, versv. I have seen law teachers, who herent obstacle to curricular "bal this will hopefully provide a place have no peers in nitpickery, verge on ance" between theory and practice: for interestd faculty members to make purple apoplexy in debate over the Most law teachers, and the best of known ideas that they have developed curriculum. The whole academic busi those who aspire to teach, have gen or interests about which they wish to ness is fraught with vested interests, erally had brief experience in law comment. gored oxen, ground axes, pet peeves, practice, or none: and it is a lamenta The Advocate has asked Professor visionary schemes, and intractable in ble but firm fact that experienced, Wylie H. Davis to be the first in our ertia. Not infrequently, the contro mature lawyers usually make poor series of commentators. He is particu versial curriculum issues will be re teachers, even in the "practical" pro solved hv compromises and trade-offs cedure and evidence courses. More larly qualified in his subject area that really satisfy nobody. A few for this article having studied law and more law schools, however, in schools, however, can afford the cha cluding the University of Georgia, are at Mercer and Harvard and having otic luxury of letting professors offer at least gnawing on tliis problem with taught law at the Universities of Ar whatever thev enjoy, if it's remotely such incisors as legal aid. trial prac kansas, Illinois, Texas and Georgia. related to law. .Since no one can de tice. and the encouragement of pre- Most importantly, however, he alivays fine "law." this sort of franchi.«e has graduation. summer employment of few. if anv, limits. A profe.ssor I law students bv practitioners. has something to say and always says know at another law school anplied it in a way that makes people listen Other forces are equally influential. this year for a year's sabbatical leave A stunted curriculum, like a mediocre and remember. and foundation grant fto support faculty or physical plant, may be dic field research) in order to work up a tated by anemic funds. No law school new seminar entitled "Sex et Lex." can concoct a sophisticated curricu By Wylie H. Davis This interdisciplinary enrichment lum without generous backing for the Like the course of the common law, of law curricula and social-.^cience re recruitment of excellent teachers and curricular change in American law search method naturally attract schol students, and the support of research schools has been typically slow and ars who dislike tlw mustv restrictions The University of Georgia's posture timid. The "core" subjects, for ex of law-book research. And so offer in this respect, albeit a threshold one ample, offered at the Harvard Law ings like Law and Technoloaical is now more favoralde than that of School in 1876 were Real Property, Chanse fdubbed "Fission. Fusion, most American law schools. Another Contracts. Torts, Criminal Law and and Flux" at one school ) and Legal influence, and one that goes about as Procedure, Evidence, and Equity. In Aspects of the Vietnamese War will far as monev to e' plain the wide this aspect, things are about the same continue to nroliferate. usuallv with spectrum of American law^ curricula in 1968. The Harvard Law Faculty out the slightest objection or even is the innovative com}iulsion of su recently eliminated all required interest bv professorial colleagues perior law faculties. 1 have already courses after the first year. wbose sole concern is to squat pro alluded to some of our orbital offer- Again like the common law, our tectively on tbeir own established ings around the country, and even national curricular trend over the last courses like brooder hens. (The esgs. the first-year "basic" courses are by hundred years — while supposedly T miuht add. are often infertile.) The no means immune from such disturb- wise and reasoned — has lagged be one-worldlv trend, in fact, is irreversi ing tinkering — disturbing, tbat is hind a pervasive and explosive revolu ble. Several American law schools to the first-year professor who has in tion in the American way of life. But now offer Soviet T.aw. International toned the same stuff for twenty Years new. strong forces are at work in both Commercial Transactions, and Com or more and isn't going to let curricu legal education and the administra parative T,aw in many apnroaches and lar rock 'n roll upset his golf game, tion of justice. Most of our law variants. A few others offer courses or even put him out of work, if be schools are said to he in a state of or seminars on Red Chinese T.aw and can hell) it. Some vears ago a yount* ferment; certainly they are generat ^Tandarin Metaphvsics, law teacher had the effrontery to pr<^ ing some heady goings-on. and the Manv pressures nudse our think pose in the Journal of Legal Educa matter of what to do about curricular ing about modern law currieula. and tion a merger of Contracts and Torts. structure and content is a constant at times one or another will predomi Presumal)lv be would have called it preoccupation of law faculties, bench nate. For vears some practitioners "Contorts. ' but in anv I'vent he made and bar. professional organizations, this sillv su2:ge-tion in cavalier dis aufl even, lest we forget, law stu- and some teachers (most in both groups have glanced at the frav dis- regard of the jialpable fact that a dent>. (A few brave faculties, in fact, contortionist would have to be hired interestedly ) have quarreled with one are now adding students to their cur to teach it. riculum committees: and I view this another about "practicality" versus Probably most law professors to view this as a good move as well as "theory" in the law schools. Aside day. anfl certainly most law students, a shrewd one. ) from the fact that the theoretician would agree tbat the usual third-year May 27, 1968 ADVOCATE Page 7

program in legal education is sterile to abolish all of our existing offerings (1906) (being within the term "work and uninspiring — in short, a big and to substitute therefor a single horses" as used in a constitutional bore. Various nostrums for this con course: Mule Law I through XXIX. exemption provision, mules are not dition have heen urged. One professor All segments would be required and subject to seizure by a creditor); in the May, 1968. Journal of Legal a single (very thick) casebook, sup Meredith v. Kidd, 147 So. 539 (La. Education suggests, among other ad plemented by dvnamic mimeographed App. 1933) (in suit for death of justments, trying the English system problems, would be used for the en mules struck by an auto, trial court of outside examiners: .. the teach tire three vears. I will, of course, edit properly e: eluded testimony about ex er of a course does not himself pre and publish the casebook, The follow pense and time required to obtain a pare the questions or grade the ex ing small sample of cases (efficiently new pair of mules); Sparks v. Broivn, aminations." This might indeed add collected by Editor Jerry Blackstock) 46 Mo. App. 529 (1891) (a mouse an element of excitement; and all law will demonstrate the vast legal range is a small rodent quadruped; it fol professors. Em sure, would applaud of such an offering: lows that a mouse-colored mule is one such a change on other grounds as whose color is that of a mouse); United States v. Mittrv Bros. Const. well. Personally. I am skeptical about Co., 4 F. Supp. 216 (D. Idaho 1933) Commonwealth v. Davidson, 4 Pa. the efficacy of anything less than (claim for purchase price of mules Dist. 172 (1894) (reward for appre dancing girls as a gimmick for re hension of horse thief does not apply lieving the ennui of third-year law and horses furnished by materialman was not covered by government con to apprehension of a mule thief); students. We need more than gim Goldsmith v. State, 38 Tenn. (1 micks for this thorny problem. One tractor's bond); United States v. MattlocL, 26 F. Gas. 1208 (D. Ore. Head) 154 (1858) (crime of horse- radical solution is a two-year course 18^2) (word "cattle." as used in the racing included running of a mule to graduation. This has heen seriously Indian Intercourse Act of 1834. in race); Allison v. Brookshire, 38 Tex. proposed by a prominent Harvard 199 (1873) (mules exempt under cluded mules); Atlantic Coast Line law teacher (Prof. David Caversl, R.R. V. Carroll Mercantile Co., 206 statute exempting two horses for each and not — in my opinion — without Ala. 320, 89 So. 509 (1921) (dispo family); State v. Gould, 26 W. Va. merit. sition of mules to buck was judically 258 (1885) (cruelly beating a mule I believe, however, that the best noticed); Jones v. State, 10 Ala. App. is within statutory prohibition of solution to this problem is two-fold: 152. 65 So. 411 (1914) (crime to cruelly beating a domestic animal). Cl) To encourage and offer ample sell or exchange mules knowing them This bold vehicle would explore opportunity for subject-matter spec to he diseased and with intent to de every legal "subject" from Admini ialization in both the second and fraud ); Alaska Lumber Co. v. Spiir- strative Law to Zoning, from Corpor third years — a "tracking" approach; lin, 183 Ark. 576. 37 S.W.2d 82 ate Reorganization to Lunar Law. It and (2) to replace all of our custom (1931) (mules will occasionally walk would be tightly integrated, and as ary third-year offerings, and some in or run awav): Terrv v. Little, 179 an incidental advantage it would the second year, with prohlem-orient- Ark. 954, 18 S.W.2d 916 (1929) give fitting recognition to a noble gd, multi-subject offerings that em (mules do not drive themselves: it is animal. For every law professor, phasize library and empirical re necessary for someone to control their moreover, who fancies himself to be search, practical internship, and legal work): Tarlor v. State. 44 Ga. 263 a latter-day Socrates in his classroom writing. Such a program would be ex (1871) (under the Georgia Code method, this curriculum would offer pensive. as well as unpalatable to "horse" stealing includes a mule or new potential. About three years ago many established professors. But those ass. and both sexes thereof, without I put the following Contracts case to who raise the money and pay the hills regard to anv artificial alternations); a Chicago-type student: might bear in mind the possibility McLamh & Co. v. Lamhertson, 4 Ga. Davis: Mr. Hohfeld, suppose A that legal education, as presently App. 553. 62 S.E. 107 (1908) (word makes an agreement with B to pursued, is the least expensive of all "horse" is generic and includes mules sell the latter a brace of mules, professional education in terms of and asses, hut term "mare" does not Nellie and Kelly, for SlOO per student-teacher ratios, relatively mod describe a female mule); Miller v. animal. Unknown to either party est hardware requirements, and auxi- Kellv Coal Co.. 239 111. 626. 88 N.E. at the time of contracting, Kelly liary services. 196 (1909) (where master furnish has just died of a coronary. Up Alumni and students of the Uni ing mule to servant knew of the ani on discovery of this fact, is B, versity of Georgia School of Law will mal's vicious disposition and servant the buyer, legally excused from he giad to know that Dean Cowen has was kicked hv the mule, master was recently constituted a special commit the contract on the rationale that liable): Toledo. IF.&'W. Rv. v. Cole, a mutual, material mistake of tee to examine the School's curricu 50 111. 184 (1869) (railroads have a fact excuses both parties? lum and make recommendations. Per dutv to erect and maintain fences suf sonally. I make no claim to insightful ficient to prevent mules from getting Hohfeld: Why sure. Fess Baby. genius; hut all of us on occasion get Kelly's death was material be on the tracks): Winhigler v. Cliff, cause it prevented B from using flashes that are fresh and promising. 102 Kan. 858. 172 Pac. 537 (1918) One such idea has heen blinking (operation of a horse and mule mar the mules for breeding purposes. at me of late, and 1 intend to ]iress ket in a residential district was a Obviously, the adoption of my pro it upon th<' special eurricidum com public nuisance): McElveen v. posal would put us a horse up on mittee. In a nutshell, my proposal is Goings, 116 La. 977. 41 So. 229 every other law school in the country. Page 8 ADVOCATE May 27, 1968

FACULTY SEMINARS FEATURE LEGAL EDUCATORS

By ThomasR. Cooper,Jr. out of money to maintain it or the sciences such as the opinion survey The University of Georgia School doctor sooner shuts off the tap of life- and the use of models with computers preserving care. to test various possible solutions. of Law has instituted a series of fac ulty seminars featuring discussions Prof. Rosenberg pointed to three The greatest task will be to draw with nationally known leaders in the factors as responsible for these prob standards of official conduct in many field of legal education. lems — the technological revolution, unexplored areas into which the law changes in people's values, and the must venture. It will be the job of the Professor Maurice Rosenberg of population explosion. lawvers to blend the ethical, religious, the faculty of the Columbia Univer To enable the law to resolve these and pragmatic aspects of these prob sity School of Law led the first semi issues, legal research must venture lems into a form that will enable the nar- which delt with a modem ap outside the law library. Researchers society to meet these changes in our proach to legal research. Attended by must use tools developed by the social world. faculty from several departments of the University, the meeting provided Dr. Stone Winter Sibley Lecturer an exciting exchange of ideas. In a fast paced, hair-raising view By Charles Krumbein opened the way for Dr. Stone's un of the near future Professor Rosen orthodox lecture. Dr. Ferdinand F. Stone, this year's berg "spread the deck" of several Dr. Stone began, "I have here a problems he saw facing legal research second John A. Sibley lecturer, was introduced to the group in the law legal, academic, and esoteric paper ers. school auditorium on February 29, replete with a plethora of footnotes. The transplantation of vital organs 1968, by Dean Cowen and Professor With your kind permission," he con of the human body raises questions of Leavell. Professor Leavell, a personal tinued, "I will drop it off in the law review office before I leave. In its which interests in society should be friend of Dr. Stone's since their as place tonight I will read two small represented in making the decisions sociation at Tulane, indicated that determining which recipient gets an Dr. Stone was particularly qualified stories about Animals. You see," he organ where several patients are in as a Sibley lecturer because of Dr. added as further explanation, "off- desperate need of such a transplant. Stone's many outstanding achieve times the animals I watch so closely Prof. Rosenberg suggests that doctors ments both in this country and know more of our existence than we humans." should decide by not only medical abroad. standards, but by standards includ In the first story, "The Cock ing other community interests as Dr. Stone received his B.A. and M.A. from Ohio State University. roaches' Dilemma." Dr. Stone related well. how the cockroaches overcame man's While a Rhodes scholar at Oxford In questions of copyright and in University, England, he received a erradication effort through education. fringement of labels and trade names B.A. in Jurisprudence and a B.C.L. "The Badgers and the Grey Ground the outcome of the suit often turns on Squirrel." the second storv. told how the question of whether the members Later he received an M.A. from Ox an interloper, the squirrel, had with of the general public are oeing mis ford. In 1936 Dr. Stone received his little effort destroyed the Utopian led by the defendant party's label or S.J.D. from Yale University and in 1966 was awarded a Docteur honoris society which the badgers had created. product name. Social Science research causa from the University of Greno The first storv perhaps suggested has produced methods of determining ble, France. He has been a member that much of the educational process this fact. These fact finding methods of the Tulane University Law faculty is often accidental and infrequent provide a technique for testing many since 1937 with the exception of three rather than regimented, but is still legal assumptions which have until years absence for active duty in the very much worth the effort. Admini now remained unexamined. For ex United States Navy as Lt. Command strators, teachers, and students are ample. does the striking from a er during World War II. Dr. Stone not always able to work together criminal jury of all consciencious ob is now W. R. Irby Professor of Law smoothly for their common good. jectors to capital punishment tend to at Tulane and Director of the Insti The second storv perhaps was in produce a jury more likely to vote tute of Comparative Law. Dr. Stone tended to suseest that we hold fast to for guilt and so deprive the accused has published, lectured, taught, and of a fair trial? our ideals and not strav from a prov been recognized in England, France, en course of action without just rea Further problems concern the abil Germany, Italy and Holland. ity of the law to cope with the prob son. lems of environmental pollution. In As a final introductory remark In the literary form Dr. Stone addition, the law will be called upon Professor Leavell told the audience chose the listener is free to interpret to completelv reexamine its position of Dr. Stone's interest in nature. Dr. and apply the message to his own on the so-called "right to die." mercy Stone has a summer home in the situation: the beaiitv as well as the killing brought on by the capacity of mountains and is reputed to have purpose of the fable as a literary spent many hours photographing and form is to provoke thought hv ana- medicine to keep a miserable human watching the animals nearby. This logv. Dr. Stone demonstrated an un vegetable alive until the family runs sidelight was most appropriate as it common expertise in this medium. May 27, 1968 ADVOCATE Page 9

LL.M. Program W i'. !.i Ml. j.rj I- Begins in Fall iv i:j:;tx:r:c The first candidates for the LL.M. degree from the University of Georgia School of Law have recently been ac cepted. Dr. Chaffin, head of the Grad uate Studies Committee, announ ced that two outstanding law grad IM uates with experience as practicing attorneys have been accepted for next year. There is a possibility that one % more position will also be filled. The program is projected eventu ally to involve about five graduate students each year. The new program will require one year in residence and 36 quarter hours of work to be divid Managing Board of Editors for Volume 3 are, left to right, standing: Jerry Blackstock. ed between course work and research. Bob Rowe, Rick \'onUinverth. Bob Sterrett. Seated: Charles Parsley, Nat Slaugh A flexible schedule is planned to be ter, Mildred Bell. Not Shown: Dick Stephens. tailored to each individual accepted. LAW REVIEW REVIEW The graduate students will also as sist the first year legal writing pro gram and perhaps the second year By Boycc Conncll Requests for the Sentell article moot court competition. The mastlieacl of the Georgia Law have been numerous, many coming Dr. Chaffin stressed that fellow /ieviciv contains the following state- from federal judges. The Taylor ar ticle has received similar recognition, ships are available for this program jTient: "Puhlislied Four Times a Year and that further information can be \Yy Law Students of the University of many requests for copies of the ar ticle coming from law students. Sev obtained by contacting the admis Georgia.'" Despite this hold procla- sions office. iriation, tlie Fall 1967 issue of the eral student letters have requested I^eview was published in the Spring immediate mailing, citing the rapid of 1968. And although certain cynical approach of their criminal law eyam- faculty members have challenged the inations. The students at Columbia The ability to analyze and write gbility of the Review Editors to count University were more fortunate — are necessary qualifications for Re view membership, but a vitally im to four, the Editors' Page of the most Professor Monrad Paulsen personally recent issue of tlie Review rashly pre- requested several reprints of the Tay portant function of the Review is to (Jicted the completion of Volume 2 lor article for use by his classes. develop further these qualities in its staff and editors. on schedule. A practicing attorney in Atlanta Regardless of the disjointed publi wrote, saying that the Taylor article Finally, the Review- requires a qual cation schedule, the contents of the was the most beneficial aid he had ity of dedication in its editors. Long fleview continues to elicit favorable discovered for reviewing the current hours and hard work are essential to responses from members of the bench status of criminal procedure. He had a respectable publication. The per grid bar. worn out his first copy of the article sons recently selected for positions After complimenting the Summer and wrote requesting a replacement on the Managing Board of Editors for 3^967 issue, one federal district judge copy. Volume 3 of the Review- have this wrote. "As a long time suhscrilier to In addition, several student works quality of dedication. They are: Edi the Columlna and Harvard Law Re- have received laudatory comments, tor-in-Chief. Nat Slaughter: Executive Editor. Charles Pursley: Articles and yiews. I don't remember enjoying an and practicing attorneys have request edition as much as I enjoyed this Book Review Editors. Bob Sterrett ed copies of these works. and Jerry Blackstock: Notes Editor. one. Although favorable reception by If the numlier of comments and Rick vonUnwerth: Georgia Editor. requests for reprints are an accurate the recipients of the Review is some Bob Rowe: Recent Decisions Editor. Dick Stephens: and Research and measure of merit, then the articles indication of its stature, much of the Projects Editor. Mildred Bell. Also. Jjy Perry Sentell of the law school Review's merit is in its educational faculty on reapportionment. and Hun Bill Boyett was named Business Man value. Even though this attribute may ager for Volume 3. ter Taylor, also of the faculty of the not be noticed by its readers, the staff law school, arc among the more meri In their hands, the Georgia Law torious articles published in the Re- sees this as a primary value of law re Review should do well. Perhaps they view experience. will even put out four issues a year. Page 10 ADVOCATE May 27, 1968

Awards Presented At Law Day

By S. Christopher Hall At the annual Law Day observance held Saturday. May 4th in the Fine Arts Auditorium. Secretary of State Dean Rusk was not the lone recipient of attention. Perhaps less well known, hut no less worthy of recognition were several students of the Lumpkin School of Law, these persons having shown their mettle by excellence in academics and scholarship. Those honored at the Fine Arts Auditorium were Boyce Conneil as the most out standing senior in Phi Delta Phi, Bill Goodman receiving this same honor from Phi Alpha Delta. Honored for election into Who'.s Who In American Colleges and Universities were Dick Stephens and Jerry Blackstock. Re cipient of the U.S. Law Week Award was Howard Turner. The idol of every first year student, David Carnahan. re ceived recognition as having survived first year trials and tribulations with the highest grades in that class. Moving to the Georgia Center for Continuing Education, more honors were bestowed, these included both ]}resent students and honored alumni "I find for the appellant—you write up a decision telling me ^^hy The class of 103.3's Award for excel and have it on my desk Thursday morning." lence in the study of Torts was at that time undecided. hoAvever. since Courtesy The Colonial Lawyer, Marshall-Wythe College of Law the Law Day banquet a determina tion has been made with the award GEORGIA SWEEPS STATE MEET going to David Carnahan. Of special esteem at the banquet were those re On Friday. April 19, teams repre Allen Kceble and Joe MadVabb. ceiving Distinguislied Service Scrolls, senting the University of Georgia These two teams were chosen from the highest award conferred by the School of Law swe])t all available members of the second class who University of (h'orgia Law Sehoo] honors in tlio lirst Annual Georgia had been eliminated during the Association. Acting as "instant mas Inlrastate Moot Court ComjDetition. course of the second year moot court ter of ceremonies." Mr. Howell Kr- Each of the three accredited law competition. Bick vonUnwerlb was win presented these awards to the schools in the State fEmory. Mercer, named the outstanding speaker in the Honorable S. Ernest Vandiver. Gov and Georgia) was invited to enter ciianipionshi]) round. ernor of Georgia. 19.30-1062. LL.B. two teams. Emory declined to ])artici- State Bar President Dave Gamhrell Georaia. 1012. and the Honorahle pate. The competition took place in presented awards to the winning team the federal court rooms of the Old Roy v. Harris. Member of the Board Post Office Building in Atlanta. and to Mr. vonl^nwerth. Messrs. of Regents. Tniversitv System of Bowers. Carter, and vonUnwerth will In the opening round of the com he jiresent at the annual meeting of Georgia. IJ,.B. Georgia. 1010. Jn ad petition. both Georgia teams were vic dition to their (jiiaiifications for these torious over their Mercer opponents. the Slate Bar in Augusta on June 7 awards, mention nui-t he ma(l(> of Mr. The tuo Georgia teams met in the to receive a suitahly inscril)ed plaque cliam|>ion-hi|) round, with the team whieli will herome the permanent Harri- wit roneeming "co<'(ls and of Albert Bower-. James (!arter and projierty of the law school. Tlie com- hippie- . Perhaps he -lioiibl receive Bick \onl nwertli gaining a close de pelition was s[)onsored by the Young a mini-O-ear fo?' hi- tliorouglilv (m- cision o\er the ti-am of Mihlred Bell. er Lawvers Section of tin- Stale Bar. lertaining performance. May, 27, 1968 ADVOCATE Page 11

NEW STUDENT BAR OEFICERS CHOSEN

By Kip Kirkpatrick : As far as the University of Georgia :e3 School of Law is concerned. Cam ♦ T paign '68 ended on May 9, 1968 when the student hody Avent to the polls to elect officers for the coming year. A heavy voter turn out saw w y,; 98.8'Jf of the registered voters cast ballots to determine new Student Bar i wl Association and class officers. Absent a miracle machine to furn ish compuL<.'r election forecasts, the election officials decidetl to count the v-otes. The vote counting began witli (Advocate Photo by Caldwell) solemn Chief Justice Ilansford an New SBA Officers include (L-R' Charles Hatcher, Mickey Avrett. Mike Dover. nouncing that the ballot box key had Jimmy Paul. Gerald Rutberg, Dick Stephens, David Douglass, Oscar Cook. Spence Lee, been lost. Yet. the democratic process Phillip Wright. was not to he deni

Rusk ... and timidity all too often in the face most of the world's other hot spots of crisis. Mr. Rusk emphasized the over the j)ast 20 years. He called on ]ieace-building purpose of the ^vorld the middle and smaller nations of the (Cont'd, from page V body. world to join the larger nations in Iet'< liope we can all agree that is the The blue-suited Mr. Rusk next recognizing "their stake in interna actual question." spoke iDriefly on the ^ iet-Nam con tional peacekeeping. They must ac Organizing a world peace was the flict. He noted that the eve of Paris cept and act upon the jjroposition that overriding theme of Mr. Rusk's ad ])eace talks was no time for "euphoria the common good, including the wel dress. He said that liiis goal could be or bombast." He recited the U.S. fare of all members of the \vorld com achieved through collective security. jmsition on Viet-Nam as follows: munity. requires attention and effort, "In a world beset by violence, unrest "American assistance to South Viet- and sometimes sacrifice." and. at best, uneasy peace, the burden Nam is rooted in our belief that only Expressing optimism in spite of the of maintaining world security must by cooperation in the community of monumental challenges lying ahead, be shared. The United States will al nations to resist and suppress aggres Mr. Rusk termed faith in the law the ways do its part, but this country will sion can peace be established and free basis of his hope for the future. He not and cannot be the world's ])olice- dom survive and flourish in the talked of further world cooperation in man. Joint action has protected free world." the exploration of the seas and the dom in Europe, in Latin America, in Secretary Rusk proceeded to out heavens, and in the battle against Korea and in Viet-Nam, and only line specific steps that he feels could world-wide poverty. joint action can offer hope for the be taken to "heighten the prospect of "Humanitarianism should suffice future by warning those who commit a stable world." Ranking first in Mr. as a reason for all industrialized coun aggression that they cannot succeed," Rusk's eyes is a halt in the arms race, tries to join in making the world fit Mr. Rusk said. particularly in the area of nuclear for human life. But even those whose Secretary Rusk arrived in Athens weapons because it "maintains in the hearts may be hardened to the plight at 9:.30 a.m. Saturday morning hands of frail human beings the ca of others must recognize that the bell aboard a gleaming silver "United pacity to destroy, in a few hours, most is tolling for them as well," Mr. Rusk States of America" jet. of civilization and perhaps to doom said. Whisked by motorcade to the Fine the human race." Mr. Rusk concluded his prepared Arts Auditorium. Secretary Rusk He added that the U.S. seeks a remarks as follows: "As we engage opened his remarks with a reference negotiated settlement of the Vietna our efforts to build a world based on to the law's role in society. "Law is mese conflict in the hope that "we can law, we have to see that we are enter the guardian of the presumption of convince Norh Viet-Nam that its own ing a new phase of the world's his good faith which is the cement which future lies better in peaceful coopera tory. It is a phase in which the na holds our society together. It permits tion in development of the entire tions of the world must recognize us to pursue our own eccentric orbits Southeast Asian region rather than in their shared intere.sts and accept their with the minimum risk of collision a costly and wasteful effort to over shared responsibilities." witii each other." come the South by force." Moments later, Mr. Rusk was given Mr. Rusk ne^ t turned to the role of Mr. Rusk then summarized the a lengthy, standing ovation, and short the United Nations in organizing major points of potential conflict in minutes later he was airborne once world order. Thougli he later sharply the world including Latin America, again on another mission as America's criticized the U.N. for foot-dragging the Near East, Eastern Europe, and prince of peace in a troubled world.

UNIVERSITY OF GEORGIA SCHOOL OF LAW Non-Profit Org. ATHENS, GEORGIA U. S. Postage PAID Athens, Ga. Pprmit No. 1 6^