The University of Arizona LAW RECORD
Fall/Winter 1981
JOHN D. LYONS 1903-1981 The University of Arizona LAW RECORD Fall/Winter 1981 Volume 2, Number 2
1 Letter from the Dean
2 John D. lyons, A Tribute by Professor Charles Ares
4 .Buyers' Remedies Under The Uniform Commercial Code by Professor William E. Boyd
7 Law College News
THE UNIVERSITY OF ARIZONA LAW RECORD Is published semi-annually for alumni and friends by the College of Law and the Law College Association.
Editor: Patricia Luciano, Placement Director
Photography: Ray Macnley Portraits - Cover George Kew - pages 1, 8, 9, and 14 Rick Potts - pages 6, 1 0, and 11
Production Services: Desert Graphics, Elgin, AZ Commercial Printers, Tucson, AZ Law Record Dedicated to Dean Lyons
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Dear Alumni and Friends, students and a faculty of five to 464 This issue of the Arizona Law Record students and 16 faculty members by the Letter from bears the portrait of a gentleman who had end of his tenure in 1966. the Dean a great impact upon the lives of many Dean Lyons continued to teach at the people within and without the legal pro College until his retirement in the mid- fession. John D. Lyons, Sr., Dean and 1970's. In recognition of his teaching Professor Emeritus of the University of ability, the U. of A. Foundation gave him Arizona College of Law, died on Sunday, the Creative Teaching Award in 1972. He August 23 , 1981. Dean Lyons was born in was 78 at the time of his death. Monticello, New York and received his This too brief account of Dean Lyons' undergraduate degree from Cornell life is given here as a prelude to the University in 1923. He moved to Tucson remarks of Professor Charles Ares which in 1927 and graduated with high dis were delivered at the memorial service tinction from the University of Arizona held on August 27 , 1981. For those who College of Law in 1932. knew Dean Lyons, it is not necessary. For After working in private practice, Dean those who did not know Dean Lyons, it Lyons served as Tucson's City Attorney provides a little background so that they from 1941 to 1944 and handled some of might better appreciate Professor Ares' the City's most important wartime nego remarks which appear on pages 2 and 3. tiations, notably for land acquisition in connection with the establishment of the Sincerely yours, Marana Army Air Base and what was then called Davis-Monthan Field. He was appointed in 1945 to serve as a Pima County Superior Court Judge. In 194 7, then Judge Lyons left the bench to become the Dean of the College of Law and during his 19 years as Dean Roger C. Henderson the school tripled in size. It grew from 160 Dean
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Digitized by the Daniel F. Cracchiolo Law library, James£. Rogers College of Law, University ofArizona. All rights reserved. John D. Lyons, A Tribute*
BY CHARLES ARES
*This tribute was delivered by Professor father returned to New York to take care graduated from UCLA, was living and Ares at a memorial service held in Tucson of the law practice and the farm . The working in Los Angeles. This resulted in on August 27, 1981. treatment for consumption, as it was what must have been, in the small Tucson called in those days, was complete bed community, something of a minor scandal rest, so John was placed in bed -flat on because each weekend for four months We are met here this afternoon in a his back on the screened porch in the John Lyons would go down to the train shared sense of the loss of a loving house on North Stone. For two years he station on Saturday night and take a train husband, an endeared father and grand was not allowed to move , so a 24-hour out of town. Sometime Monday noon he father, and a gentle friend of us all. But nurse attended him , fed him and read to would return and stagger sleepily into despite the sense of loss, we meet to him. When his strength returned so he Tim Cusick's office where he worked. The celebrate with joy a greatly fulfilled life , a could lift binoculars, he took up bird question in Tucson was, "Where does life that had a profound effect not only on watching, a pleasurable habit that stayed John Lyons go on weekends?" The fact the members of John Lyons' family but on with him thoughout his life. Gradually he was that he was going to Los Angeles. Nan a great University, on a growing com began a walking program until, when he would meet him Sunday morning and munity, on his profession, and on each was walking seven miles a day, the doctor they would spend the day together and one of us personally. It is simply impos pronounced him cured. she would put him back on the train sible in a brief space oftime to sum up the At that time the family moved back to Sunday night. Mter a while he persuaded accomplishments of a lifetime of 78 years New York and John enrolled in the Law her (she says that he told her that it was as full and as rich as those of J ohn Lyons. School at the University of Arizona. He simply cheaper) to get married, so in 1938 John was an uncommon person and it is was president of the student body, when John was 35 , they were married. appropriate that we set down at this graduated cum laude with a J.D. degree They have three children, Nancy, Johnny moment of a combined sadness and when that was an honors degree and was and Rick, and now four grandchildren. triumph at least some of the fa cts of hi s admitted to the bar in 1932. It wa s Although John didn't belong to many life and, as best we can, to suggest some of depression time and John was apparently organizations, the most notable, I the ways he influenced us. the only member of his class to get a job, suppose, was a legendary group called the In today's mobile society, John's back in Arizona at least . He always thought Literary Club. Some of the other ground is now almost unique for he spent that he had graduated first in the class members of the club were President virtually his entire adult life in this one until Speight Barnes, a classmate and Richard Harvill, Dean Byron McCormick, community. He was born on April 3, 1903 also a late and beloved colleague of many Judge Richard Chambers and Rabbi in Monticello, New York in the Catskills of us, returned from California and Albert Bilgray. north of New York City. He was the eldest proved to John that shamefully he had In 1941 John became Tucson City of three sons but his brothers have pre finished second to Speight. Attorney and served until 1944. In 1945 deceased him. His fa ther was a small town Some time later, John went East to his he was appointed to the Superior Court lawy er and the family also owned a farm. brother Jim's wedding. On a return boat but his judicial career was not long as he John went to Cornell University at 16 but trip down the east coast, he met Nan and, left to become Dean of the College of Law in his senior year he contracted tu bercu to show you how much of a romantic John in 194 7, succeeding Bryon McCormick losis and it was finally suggested that he really was, when the boat docked in New who had become President of the be taken to a dry climate. So he and his Orleans, John suggested that they go University. Thereafter, John served the father set out for Arizona. The choice was sightseeing but confessed that he was out astounding period of 19 years as Dean of Phoenix or Tucson and even at that time of money and borrowed $20 from Nan for the College of Law. I say astounding the relative advantages of the communities expenses. Having known John as we have, because the average tenure of law deans must have been apparent because, in we can only conclude that the attraction these days is something under three 1927, they chose Tucson. to Nan must have been very strong for this years. They just don't make them the way John's father bought a home on North reserved young lawyer to bring himself to they used to. Stone Avenue and his mother and borrow $20 from the young lady. At that Each of us has a personality known only brothers came here to stay while his time Nan, a California girl who had to those very close to us. It may surprise
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Digitized by the Daniel F. Cracchiolo Law Llbrary,. .James E. Rogers College of Law, University ofArizona. All rights reserved. k full a ad mi duti , . J ohn L on , a a nd m mber of the fa ult , wa a force fo r th ughtful and progr iv change in legal education. B in g member of different generation and having different lif experience John and hi new younger , u e or did not alway agre in detail ou top hitting but I a with great affection and gratitude ur ~ elf on the head with a hammer., that I never had a more lo al or wi e any A D an of the Law School John pre coun elor than he . And when the vote anoe sided o r the turbulent ear following were taken I would find that if John ne\ World War II when a hoard of returning believed that the i ue wa important eteran d cended on the College. enough to the new Dean' program, he in rea ing it ize threefold. John met would vote affirmative! even if at time thi challenae with the calmne and great he had orne per onal re ervation . In the it re tive Tea hing Awru·d in 1972. patience we all remember. But a Dean of heat of controver , John taught u b hi A ean. John enjo ed hi a o iation the Law chool John clear! got hi example how good lawyer could di pute with the lurninruie of the profe ion who greate t profe ional atisfaction not about things that matter and win or even found their \vay to the ni er it . Ju tice from administration but from teaching. lo e with civility and good humor. William 0. Dougla spent time at the Law Perhaps hi greate t plea ure in thi wa Through orne very difficult time , John "' chool when he wa recuperating from a in leading neophyte lawyers into the al o howed that, with all hi gentlene and patience, on matter of principle he fall under a hor e and John aw to it that demanding world of the ethical lawyer. he had the u e of an office in the Law And it wa there in the clas room that wa made of tee!. chool. Ju tice Torn lru·k and Hugo John had hi mo t profound effect on For me John Lyon epitomized the Black came to dinner and when enator tho e of u who were his student . virtues of the mall-town lawyer he John F. Kennedy poke in Tuc on, John Each of u ha our own special memorie tarted out to be in up tate ew York, wa called on to introduce him. Later, just of John Lyons and I can speak best of m and hi life demon trate the univer ality to how hi impartiality even though he own. Each of you will of cour e have of those virtue and their importance \Va a lifelong Democrat, John presided your . My best memory is of the great anywhere in our ociety and at any time in when John Fo ter Dulle lectured at the kindne with which he found me a job in our history. They are the virtues of niver ity. the Law Library when the arrival of our patience of diligence, of hru·d moral fir t bab required orne part-time work thought, of concern for the young of John' ervice to Arizona and the belief in the ability of people to govern nation were man and ju t thi pring the that wouldn 't take me too far from m stu die themselves, of gentility and gentlene -ni er ity gave him it Di tinguished and of personal dignit . I up pose if there Citizen Award. As a matter of fact these Hi tudent will alway remember the is any one word to de cribe John Lyons two. John and Nan, each together con kindly patient but demanding way he that will strike a cord in the heart of each tributed o much to this community- he conducted his classes. Each remembers person here, it is that word dignity . through the niversity and government vividly orne one of us who was called on ervice , she through her community to recite, truggling through some And when John's final illnes truck, activitie , particularly on the Tucson complex old case usually mangling it hi family gathered round him and mo t of chool Board. They were a beautifully beyond all recognition. When finally in us did not even know of the eriou ne s of complementary couple: he , calm and despair we ub ided into silence the hi condition until the end wa very near. deliberate; she, energetic and impatient. Dean' re ponse was always the arne , And to an 's great credit and to that of "Well Mr. Birmingham, that was very the children, they kept John at home in Many of us will remember John for his good; thank you very much. There familiar urrounding where he would be wry wit that dry sen e of humor that perhap may be one or two points that we comfortable and feel the warmth of his ometimes was so subtle that it almost haven't got quite clear." He would then family. What an and the children were e caped you. I remember being present at proceed to reconstruct the ca e in uch a doing was preserving for John to the ver a luncheon meeting at which John was to way that it made en e. But it wa done last that central a pect of hi being. hi speak. The master of ceremonies thought with grace and kindness. per onal dignity. It wa a fitting it would be humorous to introduce John monument. as omething of a wowser, given to fre At one point during my law school day I would close now with orne words of quenting honky tonks and uch. It wasn't John took a leave of absence to serve in a Longfellow quoted by Clark lifford on funny merely embarra ing. I remember government post during the Korean War another occasion uch a thi , becau e wondering how one re pond to uch an and I remember someone at the farewell the are equally fitting here. improbable introduction. But John was ceremony saying of Dean Lyon that he equal to it. In the embarra sed ilence wa the example to all of u of what a good Longfellow wrote: that followed, he just took the podium and lawyer is like . Hardworking, hone t, fair o when a great man die aid with gravity: 'Well, thank you very minded wi e and careful. For year, beyond our ken much for that introduction. Perhaps I'll I al o knew John when I was a part-time The light he leave behind him lies get the chance to introduce you ometime!" member of hi facult and later in a new Lpon the path, of men.
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Digitized by the Daniel F. Cracchiolo law libra~ James£. Rogers College of L.nv, University ofArizona . All rights reserved. Buyers' Remedies Under The Uniform Commercial Code
BY WILLIAM E. BOYD
Although the Uniform Commercial contract between the buyer and the could establish that the manufacturer by Co de CC) had been adopted by most manufacturer. Insofar as a breach of its post-sale, post-delivery conduct had tate legislatmes by the mid-1960's, implied warranty was involved, the made an offer to honor the warranty and judicial interpretation of the Code was decision was quite consistent with the law that the offer had led to a binding contract parse until relatively recently. As a result, as it has developed elsewhere. Courts in between the buyer and manufacturer. law professors were free to expound at most jurisdictions have concluded that The case was remanded on this point. will about the proper " meaning" of its privity is necessary in suits to recover for While the approach to the express many and varied provisions. This situa economic injury based on breach of an warranty issues is certainly not unreason tion has changed rather dramatically. The implied warranty. 1 See White & Summers, able, and although the opinion is in fact reporters are now replete with decisions Uniform Commercial Code 406-09 (2d quite thoughtful, the decision is nonethe involving one or more ofthe U CC sections. ed. 1980). But the Court also concluded less bothersome. Had the Court premised Not smprisingly, the courts' conclusions that recovery for breach of an express its decision regarding the U CC warranty do not always comport well with what warranty under the UCC was also pre on the fact that the manufactmer's written professors, myself included, have been cluded by an absence of privity. In warranty did not reach the buyer until teaching. Indeed and more unfortunate, particular, the manufacturer's written after the deal was closed, the holding the comts themselves often differ from warranty could not qualify under the U C C would have been less significant. 2 But the one jurisdiction to the next regarding the because it was not part of the basis of the flat conclusion that privity is necessary to meaning of what was intended as a bargain of a sales contract between the support an express warranty under the 'uniform" law. Be that as it may, what the manufacturer and the buyer. See 2-313(a) U CC does appear to represent a departure courts and in particular the Arizona (Ariz. Rev. Stat. § 44-2330A). from the law as it has developed elsewhere. courts, think obviously must control. Two In most jurisdictions, the trend has been recent Arizona Supreme Court decisions Having delivered this unhappy, and as to allow recovery for breach of express disclose a good deal about what the will be explained, rather unexpected news warranty in the absence of privity of Arizona courts think about buyers' that express warranties under the UCC contract. See White & Summers,supra, at remedies under the UCC. Because these do not apply in the absence of privity, the 407. It, moreover, often has not taken decisions reveal a departure from what Court proceeded to offer alternative very much to support an express warranty the UCC may have been thought to mean, theories by which the buyer might yet claim. See, e.g., Randy Knitwear, Inc. v. they warrant special comment. salvage his case. To begin with, a buyer American Cyanamid Co., 11 N.Y.2d 5 The first of the decisions is that in Flory might be able to recover against a manu (1962) (labels in clothing representing v. Silvercrest Industries, Inc. , 633 P.2d facturer with whom he is not in privity on material to be shrinkproof). The leading 383 (1981). Flory involved a suit by a the basis of a non-UCC express warranty. case is probably Seely v. White Motor buyer of a mobile home against both the According to the Court the manufacturer's Co., 403 P.2d 145 (Cal. 1965). Although retailer and the manufacturer of the written warranty often will support such a that case was decided under the Uniform mobile home. An award of damages for non-UCC warranty action, but it would Sales Act, it has not been thought, up to breach of contract and fraud against the not help the buyer in Flory because the now at least, that the decision would have retailer was affirmed without difficulty. written warranty had not been given to been any different under the U CC. It is An award of damages for breach of a the buyer until sometime after the sale not a little revealing that the decisions warranty by the manufacturer was, was consumated and the mobile home cited by the Arizona court to support its however, reversed. The reason for the delivered. Even this buyer still had hope, decision regarding express warranty all reversal was an absence of privity of however. The hope was that the buyer involved implied warranty claims.
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Digitized by the Daniel F. Cracchiolo Law library, James£. Rogers College of Law, University ofArizona. All rights reserved. Th appr ach f t h :\.rizona c uri do s s quential and incid ent al damag ~ - See T he retail er did not fare a we ll. It wa haYe cet1ain intuith·e appeal. . lth ugh :..-60 (-2:17 1) and 2-7 11 (-2390). After a true that the r tailer had effectively Arti le Two applies to transactions in bench trial. the buyer wa, permitted to di claimed a ll warranty li abili ty. " ds. :..-10:.. (-:230:2). the l TC warranty revoke against both the retailer and But. according to the upreme ourt, ections seem to ontemplate i h exi s manufacturer and wa awarded damage breach of warranty i not the only non co n t en e of a sale of good . But th r cl arly in ex ess of $1-1. 000. The buyer wa , formity that will suppott revocation of are , ales in cases such as Flory. It i not howe er. deni ed damage, for lo of u e. acceptance. Thi retailer, concluded the obviou that l CC warranty liability can The court of appeal rever ed. It first Co urt. had represented that it would exist only where the seller and buyer are held that revocation again t the manu make the mobile home a goo d a new and parties to the , arne ale contract. cr facturer wa not po sible because there then fail ed to live up to the representation. Official Comment 3 to 2-31 0eaving to wa no sales co ntra t between the manu T hat fai lure was enough to allow revo the owt the matter of ve rtical privity). fa cturer and buye r. A for the retail er. a cation against the retailer. Because To the Cow1' credit it eek to offer a to whom there was privity of on tract, revocation wa s available, incidental and les formalistic rationale for its decision. revocation was deni ed because the retail er consequential damages were properly According to the ourt. its decision will had effectively di claimed all warranty awarded by the trial court. Where the force buyer to choo e their eller care li abili ty thereby eliminating any ba i for ell er knows of the buyer's intended use, fully in the expectation that they wi ll have revocation. As Flory had not yet been such damages may include those for loss to seek recovery for economic loss from decided by the Supreme Co urt , the court of use. Since it was not clear whether the tho e eller rather than remote parties of appeal assumed that damages for trial court had denied loss of use damage who may be more financially re spon ible. retained goods would have been avail able as a matter of law or only because the With all due respect, this rationale is not as again t the manufacturer despite the buyer had failed to prove loss of use very convincing. The reality of modern resulting from an actionable defeat, the merchandi ing transactions is that manu ca e was remanded.5 facturer · warrantie are rarely explicitly Whjle the outcome in favor of the buyer made a part of the deal and yet the parties 'rortunately for the buyer, seems more than justified, the Supreme a ume those warranties will be effective the Supreme Court found Co urt's analysi once again is a bit to give buyers relief. Retailer may, and a way out of the troublesome. The decision regarding often do, attempt to limit their liability revocation against a remote manufacturer under the manufacturer's wtitten war 'catch 22' result produced again has a certain intuitive appeal. To ranty. especially because of the impact of by the court of appeals. allow revocation where no contract exists the fe deral warranty law. A is illustrated might seem strange. Moreover, the denial by the decision in Seeking, the decision The path it took in doing so of revocation is co nsistent with the discussed below these attempts are not is, however, what makes position taken by courts in other juris always successful. But avoidance of liabili ty di ctions. See Voytovich v. Bangor Punta by the retailer is nonetheless possible. If, the decision noteworthy." Operations, Inc., 494 F.2 d 1208 {6th Cir. as Flory holds, it is also true that recourse 1974); Conte v. Dwan Lincoln-Mercury, against the manufacturer is precluded by In c., 37 4 A.2d 144 (Conn. 1976) . But the the absence of privity, the wri tten warranty absence of privity. It held, however, that conectness of the decision is , nonetheless, may be rendered nugatory. The lengths because the buyer had chosen to revoke, not beyond di spute. The analysis leading the Supreme Court was willing to go to he could not now seek such damages. to a denial of revocation might be chal allow for non- CC liability, tied as it Fortunately for the buyer, the Supreme lenged as being too formalistic. It is not ultimately was to the written warranty, Court found a way out of the "catch 22" apparent why a buyer should be allowed suggest the Court was quite cognizant of result produced by the court of appeals. damages against a manufacturer in the the problem. It thus appears that the The path it took in doing so is, however, absence of privity but be denied relief Court has concocted a remedial approach what makes the decision noteworthy. For designed to relieve the buyer of liability that is necessarily more complicated and openers, the Supreme Court affirmed the for the price and provide for restitution. clearly less well-defined than that pre court of appeals as to the attempt to See Durfee v. Rod Baxter Importers, Inc., mised entirely on the UCC warranties to revoke acceptance against the manufac 262 N.W . 2d 349 (Minn. 1977). Whether accomplish the correct substantive result.3 turer. It held that revocation is as a matter the remedy is technically viewed as revo The second decision, in some respects of law available only where there is a sales cation of acceptance or not, there is the more interesting of the two, is Seeking contract creating privity between the something to be said for allowing the v. Jimmy GMC (No . 15479-PR Nov. 25 , buyer and the manufacturer. The Court buyer to escape from the bargain and let 1981). Flory involved a suit for damages acknowledged that under Flory a claim for the retailer and manufacturer battle it for retained goods. Often buyers will damages for breach of a non-UCC warranty out. This is especially true where, as in prefer to put an end to the transaction, ordinarily would be possible. Since the Seeking, the relief that is given ultimately return the goods, and recover any part of buyer had chosen to revoke, however, he is tied to the manufacturer's written the price paid. Seeking involved a buyer of could not now assert a claim for damages warranty. a mobile horne who initially both sued for for retained goods. Although incidental It may be noted in passing that the damages and sought to revoke acceptance and consequential damages may be made Co urt may have effectively approved the against the retailer and the manufacturer. where revocation is pursued, such a claim "catch 22" result reached by the court of At the trial court's insistence, the buyer could not be made in the particular case appeals. Thus, while the Court purported eventually chose revocation, which, under because the manufacturer had effectively not to decide the question of whether the the U CC, ·allows a buyer not only to cancel excluded such damages in connection buyer could be forced to abandon its the contract but also to sue for con- with its written warranty 4 claim for damages for retajned goods as
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DigitiZt!tl by the D11ni~f F. Cr11uhio/o Lo11w Ubntry, J•mes E. Rogers College ofUw,. Unit 6 Digitized by the Daniel F. Cracchiolo Law Libra/}/ James£. Rogers College of Law, University ofArizona. All rights reserved. LAW COLLEGE NEWS ?e~i~ions . and therefore improves McCormick JUdiCial accountability and ethics. Profile of the :· There must be something less " than Lecture Impeachment to reprimand a judge Class of'84 because "if you want a judge to Delivered by decide fearlessly. he cannot fear" On August 24, the Class of 1984 impeachment. began their first of three years at the University of Arizona College of Law. Judge Re . a lawyer. author and educator Of the 111 2 students who applied for served in the administrations of both' admission, 13% (148 students) were Edward Re John F. Kennedy and Lyndon B. actually enrolled. Forty-five percent Johnson. He was chairman of the The third annual J . Byron of the students who applied are Foreign Claims Settlement cCormick lecture entitled "Judicial Arizona residents while 93% of the Commission by appointments of both Independence and Accountability." students admitted call the Grand presidents prior to his nomination as as delivered November 10. 1981 at Canyon state home. The mean under a JUdge of the U.S. Customs Court he Univers ity of Arizona College of graduate grade point average for the by Johnson in 1 968. La by The Honorable Edward Re class is 3.49 and the mean LSAT In 1977 he was appointed Chief Ch ief Judge of the Court of · score 1s 610. Judge of the Customs Court by International Trade. Judge Re Thirty-nine percent of the in-coming President Jimmy Carter, and in 1980 discussed The Judicial Conduct and students are women , wh ich marks the he became Chief Judge of the U.S. Disability Act introduced by Senator third consecutive year that more than Court of International Trade. Dennis DeConcini wh ich was signed one th ird of the entering students are A native of New York City, he mto law October 1, 1980. Re feels the female. There are 13 minority received his B.S. degree cum laude Ia is reasonable and necessary as it students, making up 9% of the class. from St. John's University in 1941 otters alternatives to impeachment The average age of the first year law and in 1943 was graduated summa and removal of judges in a U.S. student is 26, exactly the same as last cum laude from St. John's University District Court or Court of Appeals. year. It is interesting to note that the School of Law. In 1950 he received a The legislation states that anyone men tend to be slightly younger on juris doctorate from New York ~ay file a written complaint against a the average at 25, while women University School of Law. JU dge by addressing the judicial average 27 years of age. The range of He was appointed to the faculty of council of the circuit in which the ages extends from 21 to 44 . St. John's in 194 7 and served as a full judge serves. A person can file the The majority of the students (66%) professor from 1951 to 1961 . He has complaint if they believe a judge is graduated from Arizona schools: also ~aught at Georgetown University u~able to perform efficiently in 45% attended the University of and IS presently a Distinguished his/ her duties because of a mental or Anzona; 1 7% are from Arizona State Professor of Law at St. John's and an physical disability, or has engaged in University; and 4% went to Northern adjunct professor of law at the New "in consistent conduct with the Arizona University. However, York Law School. effective and expeditious graduates from 41 different An active member of the American administration of the business of the institutions are represented in the Bar Association, he has served the courts." After the complaint is filed ··a class from as far away as the association as a member of its House judicial council shall process and University of Delhi . Diversity is also of Delegates from 1976 to 1978. He investigate the judge within its reflected in the choice of has also served as president of circuit " according to the legislation. undergraduate majors. Political several legal associations including Re said the judicial council then science remains the most popular the American Foreign Law decides whether to dismiss the choice of pre-law students with Association. the Federal Bar Council complaint or act upon it. If the council history and psychology tying for the .American Justinian Society of · chooses to hear the charges. the second place. In all , the first year Junsts and of Scribes. judge has the option to appear class represents 45 d ifferent majors The McCormick lecture is before the council. inc!uding such choices as nursing, sponsored annually by the J . Byron The council may reprimand the Latm ,speech pathology and rel igion. McCormick Society of Law and judge in one of four ways: In addition , as the average age Public Affairs which was organized in -reprimand the judge privately indicates, many students have 1978 in memory of the former Dean of -reprimand the judge publicly engaged in a great variety of the College of Law and President of -order a temporary freeze on the interesting and unique occupations the University of Arizona. judge's case assignments and activities prior to entering law - requ.est the judge retire voluntarily school. Re sa1d the legislation provides "accountability while preserving maximum independence" in judicial 7 Digitized by the Daniel F. Cracchiolo law library, James£. Rogers College of law., University ofArizona. All rights reserved. LAW COLLEGE NEWS New Hampshire, and received his law degree from Georgetown University in 1928. He was admitted to practice in the District of Columbia and Arizona and opened a law office 1n Mesa in 1928 where he practiced until 1941 . He held a number of public positions which included serving as City Attorney of Mesa, Administrative Assistant to United States Senator Ernest McFarland, Assistant United States Attorney, Maricopa County Attorney, and Judge of the Superior Court in Phoenix. In 1947 he left the bench to join one of Arizona's leading law firms , now known as Snell and Wilmer. In 1951-52 he was chief counsel to the Arizona Code Commission which completely revised the statutory law of Arizona. In 1961 Judge Walsh became Chief Judge for the District of Arizona and served in that capacity until1973. He continued to carry a full work load until his retirement. Less publicly noticed, but far more important than these formal accomplishments, are the human qualit1es that have enriched all those who have known him. Judge Walsh is recognized throughout the federal JUdiciary as one of the finest trial judges in the United States. His example of calm , judicious temperament has been a model for federal and state judges everywhere. His diligence and impartiality in carrying out the duties of his office have earned him the respect of all who have appeared in his court. Countless lawyers, both in Arizona and throughout the West, learned from him the high values to be placed on hard work, thorough preparation, and the civility with which the work of Judge James A. Walsh lawyers and judges should be conducted. Judge Receives Honorary Degree It is only fitting that the University of Arizona recognize this truly Former U.S. District Court Judge Mark Wilmer of Phoenix, a former law dedicated public servant whose James A. Walsh received an honorary partner of Walsh and classmate at decisions have helped shape several Doctor of Laws degree from the Georgetown Univers1ty. decades of Tucson and Arizona University of Arizona at a special Walsh, the last district judge history. convocation October 22, 1981 . The appointed by President Harry S. honor?ry degree was presented by Truman in July 1952, retired Richard A. Harvill, UA president September 1, shortly before his 75th emeritus. Speeches were given by birthday. He was born in Michael A. Lacagnina, president of Massachusetts in 1906, attended the Pima County Bar Association and St . Anselms College in Manchester, 8 Digitized by the Dzmiel F. Cnu·chiolo loJw I.Jbn1ry, J11mes E. Rogers College of Law,. Univel'sity ofArizomt. All rights resernd. LAW COLLEGE NEWS Recruiting Season: Fast Paced But Fruitful Fall is the time of year it is easy to spot the Law Placement Office. Eager second and third year students and graduates update their resumes , don conservative business suits, and await their turn on the hot seat. The mood might be described as tense, hopeful or frenetic, but never dul l. Sixty-fi ve different recruiters representing law firms , judges and government agencies traveled to the U. of A. th is year to conduct on-campus interviews with law .._...... ~ ~ students and alumni. The great Q) Ol majority were from the Phoenix area 0 Q) as the following breakdown 9 Digitized by the Daniel F. Cracchiolo law Library, James£. Rogers College of Law, University of Arizona. All rights reserved. LAW COLLEGE NEWS dollar contracts and grant-writing New Faces at activities and served as its administrative counsel . After the the College inauguration of President Reagan , Professor Doyle was named EPA Deputy General Counsel. She worked closely with the in-coming administration on the transition, and resigned her position at the end of June. Professor Doyle returns to Tucson with her husband, Jim Webb, now in private practice in Tucson, and their son , Joe. > .0 (/) Reka Hoff 0 Cl. .:.: u cr: > .0 Reka Hoff joined the College of 0 2 Law Faculty in August and is teaching ~~------~~~~ L ------=- Cl. Individual Income Taxation, Partnership Mary Doyle Taxation , the Taxation of Multinational Transactions, and the Economics of Taxation . Professor Hoff Mary Doyle rejoined the College of is a graduate of Wellesley College, Law Faculty in August, after four Yale University Law School, years away in Washington, D.C. and has an LLM in Taxation from New Professor Doyle is teaching Water (/) 0 York University Law School and a Law, Environmental Law and Cl. .:.: Ph.D . in Economics from George Property. She spent the first of her a:u Washington University. She is a Wa shington years as a visiting > .0 member of the New York Bar and 0 professor at the Un iversity of Virginia 0 practiced law in New York City before £ School of Law in Charlottesville. Cl. going to the office of Chief Counsel , Durin g the second year, she taught at Wayne lteska Internal Revenue Service in 1964. Georgetown University Law Center Since 197 4 she has been Principal and served as a consultant to the Tax Law Specialist, U.S. General De partment of Energy in the Wayne lteska joined the Law Accounting Office. development of energy conservation Library as an assistant librarian for Professor Hoff is interested in regulations. Professor Doyle left DOE public services. He earned his developing interdisciplinary studies to accept an appointment as Associate undergraduate degree at Black Hills in tax law and economics at the General Counsel for Grants, State College in South Dakota, his University of Arizona. She is Contracts and General Administration master's degree in library science particularly interested in the of the Environmental Protection from the University of South Dakota economic effect of the federal Agency. In this position, she and his law degree from Antioch income tax laws on investment in U.S. supervised a staff of 20 lawyers who School of Law. He comes to us from farmland . advised the Agency on its multi-billion the Department of Energy, Office of Intergovernmental Affairs in Washington , D.C., where he was working with Indian tribal governments on energy-related issues. Wayne has two children, Lara , 8, and Sky, 3. 10 Digitized by the Daniel F. Cracchiolo Law library, James£. Rogers College of Law, University ofArizona. All rights reserved. LAW COLLEGE NEWS NEW FACES Mike and his wife Pat had a daughter, continued Alumni Notes: Michelle, on August 6, 1981 ; Nancy Flora '79, became Assistant U.S . Where They Are Attorney in Tucson after completin g a Federal District Court clerkship with Now the Honorable Mary Ann Richey; Thomas Milton-Goddard '79, Victor J . Hayek '30, retired opened his own Tucson law office California Superior Court and married Alice Milton ('82) ; Guy A. Commissioner, now hears Superior Bailey '80, associated with the law Court arbitrations, civil service and office of Tony S. Cullum in Flagstaff retirement board appeals; Robert E. and a visiting lecturer on law at Clark '46, former professor of law at Northern Arizona University 1981-82 . the University of Arizona, now a partner in the Tucson law firm of Barry & Clark; Calvin H. Udall '48, senior We appreciate your response to director of the Phoenix law firm of the survey in the last issue of the Law Fennemore, Craig, von Ammon & Record and hope you will keep us Udall is now a member of the A.B.A. up-to-date on your employment and Board of Governors; John P. Collins activities by us ing the form provided '56, re-entered private practice after on the last page of this issue. 15% years on the Superior Court bench; Wayne M . Hancock '56, en 0 general counsel of The Dow a.. .X u Chemical Co. in Midland, Michigan; a: Lawrence J. Sandell '59, Lt . Colonel > New Placement D 0 in U.S . Army JAG Corps in Fort Sam 0 .c Houston, Texas; Stanford Lerch '61 , a.. Service Offered Patricia Luciano senior partner in Phoenix law firm of Harrison, Singer & Lerch , was to AltJmni elected chairman of Family Law Section of American Bar Association; In order to assist alumni in their Patricia Luciano joined the staff of Sidney M . Rosen '64, now search for employment, the the College of Law as Placement commuting regularly between the Placement Office is now publishing a Director in August . She earned a Phoenix-based law firm of Rosen & monthly Placement Bulletin which master's degree in Counseling Sundeen and the firm 's branch office lists current job openings in and out and Guidance from the University in Guaymas, Sonora, Mexico; James of Arizona. This service will be of of Arizona in 1979 and a C. Stephens '68, earned the status particular interest to those graduates Bachelor's Degree in Education from of Diplomate of the Court Practice not living in the Tucson area and the University of Iowa in 1969. Before Institute at the National Trial therefore not able to check the coming to the College of Law, she Advocacy Seminar in Fullerton, "Current Openings" bulletin board. worked six years for the Pima County California; Terry Grimble '70 , To receive a copy of the Bulletin, Developmental Career Guidance formerly a prosecutor for ten years, alumni may either pick one up in the Project. In that capacity she assisted now in private law practice in Tucson; Placement Office or send a supply of elementary and secondary school Daniel Alban '71, re-elected Judge self-addressed, stamped, business educators in the design and of the Magistrate Division of the envelopes to: implementation of career and District Court, Blaine County, Idaho; Patricia Luciano vocational curricula. Prior to this she AI Dover '7 4, fell in love and married Placement Director taught school in Iowa. a magnificent woman in Nevada City, College of Law Besides being in charge of the California; Robert J . Roberson '75, University of Arizona Placement office, Ms. Luciano also partner in Roberson & Shelley and Tucson, Arizona 85 721 serves as editor of the Law Record. part-time Court Commissioner for The Bulletin will then be mailed Yuma County; Jerrold F. Shelley during the first week of every month. '75, partner in Roberson & Shelley Employers are urged to advertise and part-time Court Commissioner their position openings by calling the for Yuma County; Steven P. Suskin Placement Office at 626-4 441 or by '79, opened law office in Cave Creek, writing to Ms . Luciano at the above Arizona; James W. Weipert '79, address. Assistant Vice President for Bank of America; Michael R. Scheu rick '79, 11 Digitized by the Daniel F. Cracchiolo Law library, James£. Rogers College of Law, University ofArizona. All rights reserved. LAW COLLEGE NEWS Professor William Boyd has Professor Charles Ares prepared 'Inter Alia' completed an article on simplification an article on Chandler v. Florida, in of the truth-in-l ending law. Part one which the U.S. Supreme Court held appeared in Volume 23 of The Arizona that the televising and photographing Professor David B. Wexler has Law Review and part two will be of criminal trials does not necessarily been asked to serve on an American published in a forthcoming issue. An violate the defendant's right to due Psychiatr ic Associat1on Task Force article which Professor Boyd co process of law. The article will appear on Seclusion and Restraint. He authored and which is entitled, "The in the Supreme Court Review cont inues to serve on the Advisory A-9 : A Program for Drafting Security published by the University of Board of the National Center for State Agreements under Article 9 of the Chicago. Courts' Invol untary Commitment Uniform Commercial Code," was He addressed the Arizona Council Pro1ect and on the American Bar published in the 1981 summer issue on Social Studies at Arizona State Association's Criminal Justice of the American Bar Foundation University. The talk was entitled "The Mental Health Standards Project. Research Journal. Professor Boyd New Orthodoxy" and dealt with the addressed the Arizona Judicial problems presented in Pico v. Island Conferen ce in December on the Tree s Unified School District in subject of recent developments which the U.S. Supreme Court has Professor Joseph Livermore has under the UCC. Professor Boyd has granted certiorari to decide the completed his revision of Udall on also continued his service on the question whether rem oval of books Evidence wh ich will be published by State Bar Committee on Creditor from high school and junior high West Publishing Co. early in 1982. He Debtor Rights, a subcomittee of school libraries violated the First was one of the speakers from the which is preparing a proposal to Amendment. College at the annual Arizona Judicial revise the Arizona exemption laws. He also addressed the Journalism Conference in Rio Rico on Club and journalism graduate December 4, discussing character students at the Department of evidence. Journalism, University of Arizona. The talk was entitled " Lawyers and Professor Charles Marshall the Press - Mutual Mistrust" and Smith has completed the Arizona spoke to the Judicial Education and Manual for Courts of Limited Training Seminar sponsored by the Professor Roy G. Spece, Jr. was Jurisdiction. It was prepared under Superior Court for Maricopa County honored by his colleagues at a "book the auspices of the Supreme Court of on problems of fair trial and free party" celebrating the publication of Anzona and was distributed to press. his new West casebook, Cases Arizona justices of the peace and His remarks at the memorial Materials and Problems: Bioethics municipal judges in May. Professor service for Dean Lyons are published and Law; this text has been adopted Smith was a participant in a mini on page 2. for use at severa l colleges and law seminar on commu nity property at sc hools throughout the country. the 1981 State Bar Conventi on. He Professor Spece also presented was also a speaker at a Judicial portions of an article he is writing on Conferen ce held in Tu cson on decision makmg for incompetent Associate Dean Mike Sacken May 19. persons during the meeting of the has been teaching a course in Because of the volume of Law and Medicine Section of the education law at Fort Huachuca th is significant Court of Appeals American Associati on of Law fall . He has also been teaching Law decisions, Professor Smith's monthly Schools at the latter group's annual and Literature with Kenney Hegland summary for the State Bar News was convention in Phi ladelphia. In and John McElroy from the redesignated "Arizona Appellate addition, Professor Spece spoke to Un iversity's English Department. He Highlights". He continues to serve as the Arizona Attorney General's Office has made several presentations on a member of the State Bar Committee on " How to Argue What Constitutional education law topics to tea cher on Civil Practi ce and Procedure . Standard of Review Applies in Due groups during the fall semester. During the summer the sixth Process, Equal Protection, and First revision of the Arizona Civil Trial Amendment Litigation." Finally, Manual was completed and the 1981 Professor Spece is serving as Summary of the Arizona Summary of President of the University of Arizona Community Property was prepared in Faculty Association. October. Professor Smith is serving as a member of the Advisory Council of the Lower Co urt Study and acted as a judge for a law quiz at the state meeting of the Legal Secretaries Association. 12 Digitized by th~ D1mie/ F. Cr11ahiolo LIIW Ubr.,ry, }Jtmes £ Rogers College ofL•w, University of Ariztm 'INTER ALIA' Professor Reka Hoff is currently Professor Emeritus Robert continued engaged in the preparation of a book Em met Clark, who opened a practice of readings on the economics of with Frank J. Barry, Jr. on September taxation for use in a course by that Professor Kenney Hegland spoke 15, 1981 , will give a paper on title to be offered in the spring on law school film forums at the Law "Groundwater Law in the Border semester and in the preparation of an and the Arts Section program at the States " with panelists from California, article on foreign investm ent in U.S. annual meeting of the Association New Mexico and Texas at a meeting agricultural land scheduled for of American Law Schools in in Cuernavaca, Mexico, January publication in the Agricultural Issue Philadelphia. With Mike Sa cken and 28-29. The continuing joint U.S. of th e Drake Law Review , April1982. Mexico seminar is entitled English Professor John McElroy, he She has also completed several "Anticipating Transboundary is offering an independent research articles : ''The Implications for Farm Resource Needs and Issues in the seminar on Law and Literature. He Ownership of the Tax Preferred Border Region to the Year 2000." has just completed a major revision Status of Pension Trust Inves tment in of his materials for the High School Real Estate," 23 Arizona Law Review, Teaching Program. The Program No. 1; "Allocation of the Dependency Professor Boris Kozolchyk was currently utilizes 1 5 to 20 law students Exemption for Children of Divorced awarded the Dana Research per semester to teach basic legal Parents; Equitable Di vision of the Fe llowship for the spring semester of materials in participating high Di vorce Bonus," 20 Journal of Family 1 983 and has been nominated as a schools in Tucson. Law 43 , 1981 ; "Al ternative Fellow for Stanford's University Approaches to the Tax Treatment of Center For Behavioral Studies. He Home to Work Expenses," 6 Th e prepared a se t of materials for the Professor Tom Mauet's second Review of Taxation of Individuals 40, teaching of Jurisprudence and has book, Materials in Trial Advocacy - 1 982; "Th e Appropriate Role for Tax wri tten a review-comment for the Problems and Cases was just Cred its in an In come Tax System," American Journal of Comparative published by Lit11e , Brown and The Tax Lawyer, Winter 1982. Law on the topic of morality of law in Company. This problem book is a Professor Hoff is also serving as a economic development. Presently he companion to his text, Fundamentals member of the American Bar is writing two articles, one for the of Trial Techn iques, published by Association Section on Taxation , University of Arizona Law Review Lit1 1e, Brown last year. subcommittee on General In come Sym posium on Letters of Credit, the Professor Mauet again served as a Tax Problems. Th e article on tax other for the first issue of the Arizona teaching member at the Natio nal credits is adapted from a presentation Journal of International and Institute for Trial Advocacy's made at the May, 1 981 meeting of the Co mparative Law. national session at Boulder, subcommittee in Washington, D.C. As in previous years , he lectured to Colorado in June and also taught at a group of international banking Harvard Law School's trial advocacy lawyers and banks {lnterban) meeting program in September. He continues at the University of Miami and has to be the Director of NITA's Professor August Eckhardt been invited to deliver the keynote Southwest Regional Program, held planned and moderated a continuing speech to the Mexican Association every year at the College of Law. legal education program on of Notaries Publ icos that will be Selected Probate Problems which meeting in February in Mazatlan. was presented at the College of Law The April issue of the Banking Law in October. Topics covered were: Journal will contain a partial transcript Professor Emeritus G . Kenneth Executing a Will , Disclaimers, of his expert testimony in the Reiblich continues to write the Inequities Resulting from Elections landmark Texas decision of Ayoub Summaries of the Term of The During Administration, and Fees of vs. First City National Bank of El Paso. Supreme Court of the United States Personal Representatives and of which have appeared annually in Attorneys. West Publishing Company's Professor Eckhardt organized five Professor John J. Irwin , Jr. is Supreme Court Reporter, beginning Practice Sessions for students in the continuing to serve as a member of with the Summary of the October Decedents' Estates course. Eighteen the State Bar of Arizona Committee 1952 Term , 73 S. Ct. 87 (1953). He is Tucson attorneys worked with small on Continuing Legal Education. He currently completing the Summary of groups of students giving those also is presently engaged in research the October 1980 Term for 1 01 S. Ct. students the practical experience of regard ing the employer's obligations Reporter, and has agreed to write the probating a hypothetical estate. to an in cu mbent union when the Summary of the October 1981 Term . In addition, Professor Eckhardt is employer decides to close all or part serving on a Committee of the State of a business. Bar of Arizona Section of Taxa tion which is preparing proposals for revising the Arizona Estate Tax . 13 Digitized hy the Dn11iel F. Cnu:chio/o L11w Libn1ry, J11mes E. Roger, Cofle9e of L.tw, University of Arizrmll. All rights reserved. LAW COLLEGE NEWS CLEProgram And Barbecue At Homecoming Homecoming took place at the University of Arizona College of Law on October 24 , 1981 . In addition to class reunions for the classes of 1956 and 1961 , the Law College Associat ion hosted its annual Barbecue with an attendance of over 150 people. The Arizona Law lnst1tute, the continuing legal educat1on arm of the Law College, under the direction of Ms. Marcia Lindley put on a program entitled "Selected Probate Problems." The program part1c1pants were Will iam C. Scott of Scott, Mclean & Renneckar; Paul D. Slosser of Molloy, Jones, Donahue, Trachta, Childers & Mallamo; Larry R. Adamson of Fish , Briney, Duffield, Miller, Young & Adamson; Robert Barlow of Laventhol & Horwath, Certified Public Accountants; JayS. Kittle of Corey & Kittle ; Martin F. Ryan of Greenwood, Ryan , Herbolich & Atonna; Kenneth W. Reeves, Ill of Evans Kitchel & Jenckes; and Michael A. O'Brien , Vice President and Trust Officer of First Interstate Bank. Approximately ninety lawyers attended. 14 Digitized by the Daniel F. Cracchiolo law library, James E. Rogers College of Law, University ofArizona. All rights reserved. WHAT'S HAPPENING? The Coll ege of Law is interested in developing more complete records on its alumni and also shari ng some of th eir news and accompli shments in the Law Record. Would you please take a moment to complete an d return th e foll owi ng form: Name,______Year of Graduation ____ Current Employer ------ Business Address ______ Recent Changes in Employment and/ or Professional Activities w a: w I ~ _J 0 Personal News Please return to: LAW RECORD College of Law University of Arizona Tucson, Arizona 85721 Digitized by the Daniel F. Cracchiolo Law library, James£. Rogers College of Law, University ofArizona. All rights reserved. Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of l6W, University ofAn"zona. All rights resured. Non·Pro1it Org. The University of Arizona U.S. Postage LAW RECORD PAID College of Law Permit No. 190 Tucson, Arizona 85721 Tucson, Anzona Address Correction Requested Return Postage Guaranteed