Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History

The Advocate Student Publications

10-6-1978 The Advocate The Advocate, Fordham Law School

Follow this and additional works at: http://ir.lawnet.fordham.edu/student_the_advocate Part of the Law Commons

Recommended Citation The Advocate, Fordham Law School, "The Advocate" (1978). The Advocate. Book 84. http://ir.lawnet.fordham.edu/student_the_advocate/84

This Book is brought to you for free and open access by the Student Publications at FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in The Advocate by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. Vol. X No.1 October 6, 1978 Blue Cross·Group Plan Dropped After Mix-up

not conform to the new Blue by Warren Graham Cross Policy . . The Student News'paper of Fordham l!aw Schooi The Student Bar Associa­ The situation became public tion has eliminated its Blue la~t spring, when one of the Cross Group Coverage Plan twelve students not covered by following a filing mix-up last the plan put in a claim for year which could have exposed medical expenses. It was then ' Five Added to Faculty the SBA to liability for un­ that the mix-up was by Jack Hughes satisfied claims. discovered. A iotal of five new pro­ According to Peter Altieri, Subsequently, the SM, at fessors have been added to the SBA treasurer, the problem one of its last meetings of last faculty at Fordham Law this arose last fall when Blue year and without knowledge fall, including two associate Cross, without informing the of the student's identity, passed professors, two visiting pro­ SBA, changed its enrollment a resolution saying that the fessors, and one adjunct pro­ policy .to require that all SBA would reimburse the fes§or in the evening division. ' enrollment . take place during student if Blue Cross failed to The two new full-time the months of September and honor the policy. associates are Professors October. According to both Altieri Maria L. Marcus, who will Without ~nowledge of the and the student involved, Blue teach Criminal Law, Federal new requirement, last year's Cross later relented and reim­ Courts and Advanced Pro­ SBA .treasurer, Jim DeWindt, bursed the student for the cedure, and Andrew Sims, accepted applications and claim. The remaining students who will teach Constitutiohal Maria L. Marcus Andrew Sims premiums, twelve of which did were also given coverage after Law and Remedies. it was pointed out to Blue Marcus, a graduate ·of Yale Cross that the SBA had not Law School, comes to Ford­ FLS Lands in ]op Ten been notified of the change in ham after having spent two procedures. years as an adjunct professor The result, according to at NYU Law School. In Two National Polls Altieri, is that the SBA has She is also a "former assis­ decided to eliminate the plan, tant attorney general for the Fordham Law School is the cent. Yale headed the list with that we can only accept so which offered a savings of ap­ state of New York, having run fifth hardest law school in the an 8.75 percent admission many students in any given proximately 535 per year to that office's litigation bureau. country to gain admission to, rate, followed by Harvard year," Moore was quoted as students, rather than face the Marcus said that she had according to a recent survey by with 10.41 percent, Columbia saying, "but other schools risk of extensive liability been "doing a little bit of the National Law Journal. with 15 percent, and Stanford have the same problem. I just should the problem again teaching and a lot of litiga­ The report, which appeared with 15.86 percent. can't really understand it." arise. tion" in her dual capacity with in the first regular edition of Ranking after Fordham on Nonetheless, the Law Jour­ Fordham students will not the Attorney General's office the new legal weekly, noted the list er" h well-known na/ noted that "the aDli>unt of .Pc w~nt i'WJanct mot'"r­ and NYU,.md that she "simp­ that for the 1978 entering law schools as the University competition for each place in tion together, saId Altten, ly felt" that she would like to class, only Yale, Harvard, of Virginia, the University of the entering class paralleled because the SBA will continue reverse her priorities. Columbia, and Stanford law Chicago, New York University the school's usual standing to offer applications for Blue Andrew Sims, Fordham's . schools were more difficult to and Cornell University . among law schools." Cross coverage on an in­ other new full-time faculty get into than Fordham. Interviewed for the Law Fordham also rated highly dividual and family basis. member, comes to- the school According to the survey, on­ Journal article, Dean William in another survey released Fordham University's own by way of a clerkship with ly 650 students were accepted Moore was at a loss to explain , recently-the 1978 Salary medical plans are also Chief Judge Charles D. Breitel to Fordham out of a total of Fordham's showing in the Survey conducted by Juris available, he added, but in­ of the New York Court of Ap- 3,961 applicants, resulting in poll. Doctor magazine of its terested students must sign up . Continued on 4 an admIssion rate of 16.41 per- "I Know we have in mind readers. Continued on Page 3 for this plan py October 15. Legal Aid Debuts at Fordham byJack Hughes imately 400 lawyers who Community Law Offices in spend part of their time do­ East Harlem exist to fulfill In conjunction with the ing work in Harlem. that responsibility." New York Legal Aid Society, But the full-time staff and Last year, about 2000 a group of Fordham Law volunteer part-timers are not clients, individuals and com­ students have formed a new, enough to cover all of the munity organizations, used organization, the Fordham organization's requirements, the law organization's ser­ U:gal Aid Society, to expose and law school students wh0 vices in matters ranging from students to the practical are willing to volunteer their uncontested divorces to aspects of a legal services time are needed. criminal defense to com­ plicated housing transactions program. "The need for a larger to saving apartment houses The Legal Aid Society has staff has opened the doors that might have otherwise been operating its Communi­ for law students to work with ty Law Offices in East have been lost to abandon­ and contribute to the Harlem for 10 years, but this community as well as gain ment. Since its beginning, over is the first chance Fordham practical experience," said students will have to par­ 1500 lawyers have par­ Bruce Gitlin, the second-year ticipate in the program. tic~paied in the program. Fordham student who Located at 106th Street One estimate of the value of initiated the program by and 3rd Avenue, the mem­ the organization's private contacting the organization. bers of the group work with .contribution is $1 million. Fordham Law students at work at the Community Law Office in economically disadvantaged Gitlin explained that he For students who would ,' East Harlem last week. members of the community felt that students should have like to volunteer-any stu­ to help them resolve their the opportunity to work with dent may participate- there housing cases. Once trained, Harper, who is the faculty legal problems. _ the Legal Aid Society while is an eight hour per week the student becomes the sole liason with the school's ad­ Currently, the organiza­ they are still in school. commitment for at least a representative of the client at ministration, is looking to tion is staffed by six full-tim\! "Providing free legal ser­ semester. the hearings and works with become a forum for discus­ lawyers and 16 support peo­ vices to people who are Gitlin explained that the the client until the case is set­ sion of legal issues and ple, some of whom are social . unable to pay for lawyers is student is assigned an at­ tled. speakers. workers and community con­ an inescapable responsibility torney and is taught to repre­ In addition to the work in Students interest in par­ sultants. In 'addition, about of the legal profession," said sent clients in one of a wide East Harlem, the' Legal Aid .ticipating in the program 50 New York law firms sup­ Gitlin. "The Legal Aid range of proceedings in­ Society at Fordham in con­ may contact Gitlin, a ply and remunerate approx- Society at Fordham and the cluding welfare hearings and junction with Professor member'of section 2A. 'age 2 The Advocate October 6, 1978 J . Wormser Arguments IE Pushed -Back

by Stephan Kallas cording to Burke, and students formance in an in-school com­ Editor·in·Chief Bill Ruane In a departure from may sign up either as a two­ petition, demonstrated writing ability, or a particular Photo Editor Suzy Marquard previous years, the Moot Col­ man team or individually. Sports Editor Dick Prentice urt Board has announced that In addition to the intra­ knowledge of the subject mat­ ter involved." Staff Marshall Donat the oral arguments in the l. school Wormser and Mulligan Upcoming competitions in­ Warren Graham Maurice Wormser Moot Court competitions and for those Jack Hughes Competition will be held dur­ who strive for' inter-school clude: S'teve Kallas ing the first two weeks in competition, the Moot Court • The Jessup Competition, in which a team of students Ted Neustadt January. Board coordinates Fordham's representation at a number of represents the Fordham Inter­ Bill O'Connor In past years, arguments in Dave Tanenblatt regional and national competi­ national Law Society in the the Wormser Competition tions. annual Internation-al Law were held late in the first Moot Court Competition. The Advocate is the student newspaper of the Fordham University School semester, generally in Burke said the Board was • The Kaufman Competi­ of Law, published by and for the students biweekly during the school year. November. According to Ed "hoping to improve ' our per­ tion, which 'is sponsored by Editorial opinions expressed are those of the Editor-in-Chief, and do 1'1(;;[ Burke, chairman of the Moot formance over past years" by . Fordham and which presents a necessarily reflect those of the University, the School, the students or Court Board the change is indi,vidual members of the staff, CommuniCations may beaddresseNew York City 10023, Advertising inquiries should be adCIressed to students. " participated in one inter­ in the Second Circuit, the . the Busin'ess Manager, Letters to the Editor, preferably typed, are welcome. Burke noted that in years school competition to coach Kaufman will be a national past, the contest was barely the new teams. competition for the first time over before the first semester The teams for the inter,. this year. ______.. ______exam period began. school contests are generally • The Sutherland Cup This year the Wormser pro­ made up of three students who Competition, dealing with a blem will be availble on Oc­ are selected on the basis of in­ constitutional law problem. . tober 16, and briefs will be due terviews . • The National Moot Court Babitt Cleared in mid-November, allowing Anyone may apply for an Competition, in which a more study time for exams. interview to participate on one team of three Fordham The competition is open to of the teams, said Burke, students represent the school In Bankruptcy Case any upperclass student in the noting that the criteria for 'against teams from all over the day or evening school, ac- selection inr;lude "per- country. Federal Bankruptcy Judge companies, and his attorneys. and Fordham Law Professor As to the appointment of his Roy Babitt has been cleared of brother's firm, the committee Alumni Plea Nets 176G any misconduct for his hand- said simply that "While ling of tlJe D.H. Overmyer Co. Referee Babitt acted in good by Marshall Donat are not covered in the main paigns," according to Professor bankruptcy case. faith, he should have been The Fordham Law Fund­ law school budget. Robert Byrn, "is to develop a A five-member Bankruptcy aware that the appearance of Campaign '78, the annual According to Dean William habit of givjng in our recent Committee, made up of judges influence was ever present and fundraising effort run by the Moore, the law school does graduates s.o that, theoretical­ from the Southern District the situation should have been Fordham Law Alumni not have the final say on how ly, as their income increase·s, crfrtctzed BlIblu for using avoided." Association;has' raised a total the money will pe spent, but contributions increase as "poor judgement" in appro v- The investigation by the of $176,000 for use by the the school's recommendations well. " ing the appointment of his com~ittee was begun after the school this year. have been followed in recent Campaign '79 is currently . brother's accounting firm to appearance of a story in the According to campaign years. under way, according to Cur­ aid the receiver in the Daily News" displayed pro­ chairman Paul Curran, '56, "The goal of these cam- ran. bankruptcy proceeding. minently on the paper's front the money, raised over a However, the judges, at one page and covered extensively twelve month period ending point expressing their "high inside the paper, detailing and on June 30, represents a regard" for Babitt, found no questioning Babbitt's actions $75,000 increase over Cam­ Presidential Corner merit in charges made by the in the case. paign '77's total. Curran also Daily News that Babitt had Babitt said last week that he noted that the first campaign acted improperly in appoin- had no comment on the com­ only netted $25,000 when it Frustrating, .Isn't It? ting attorney Robert Herzog mittee's report. As to the was held six years ago. by Florence M. Fass as the receiver in the action _ News coverage, Babitt said All of this year's gifts are I arrived two minutes late for Professor Quinn'S first class and in failing to conduct a "All you need to be a reporter unrestricted in nature and will in commercial paper. Not to my amazement, aIL of the "com­ hearing on charges of im- is a pencil and paper-anyone be used to cover such expenses fortable" table slots had been filled by zeal.ous second year propriety by Herzog. will buy your bullshit. I don't as financial aid" extraordinary students still vying for the best board-eye contact positions The committee found that think reporters are anywhere library expenses, the Dean's or lethargic third year students who now do scheduling in both instances Judge near as regulated as doctors, Day program, salaries for around room assignments. Babitt's actions had met with ' lawyers, dentists and other students doing faculty Somewhat to my surprise, even the plastic, rainbow­ the approval of Daniel Over.. professionals. They have no research, and the Urban Law colored assortment of useless kindergarten craft desks placed myer, head of the bankrupt pretense to be professionals." . Journal budget. These items at the blackboard line and along the tw.o walls had also been filled. In desperation, I looked to the new row of ceiling seating which had been inconspicuously installed over the summer months to accommodate the chr.onically late. Alas, all taken! With stoic resignation (a c.omfortable posture for third year students).I took my place onJhe window sill with a d.ozen .of my fell.ow p.ost-bell arrivals. , And s.o it goes. Another year .of overcrowding, .of cramped classrooms and multiple choice exams. I have yet to understand why such basic courses as an­ titrust, wills, trusts, domestic relations and securities regula­ tions are offered only .once a year-forcing students to choose between desired electives with the realization that work .or conflicting electives next year will remove all possibilities of taking the course. A particular burden falls on the night stu­ dent who has few choices of electives at the outset. Surely, scheduling can be. handled with more sensitivity to student needs. Perhaps the problem is input. I would ap­ preciate receiving your comments and suggestions on elective scheduling. What courses you would like to see offered, how , often and when. Many of you have approached me with ver­ bal complaints, but I need something of more substance to present to the Deans and faculty. A brief note will do' it. Leave it in the SBA Office and I will make sure that your views are known. Until some action is taken, shower regularly and watch for reprints of your suggestions in this column. October6, 1978 The Advocate Page 3 . . Intramurals-The Pause That Refreshes

Are you experiencing the ing organized by Fordham's intramural program either as a physiological phenomenon SBA. . participant or as an . en­ called body slippage? Are you Beginning in November and thusiastic spectator; the value having trouble focusing on the continuing through March of the program is directly pro­ clock in the classroom? Are (with the exception of the portional to the number of you finding it hard to month of December) there will people who become involved. distinguish Saturday from be basketball at Power If you have any suggestions Wednesday, or · 1 a.m. from Memorial High School every or would like additional in­ 1 p.m.? Are you becoming Tuesday night from 9:00 to formation about intramurals, paranoid of the person sitting 11:00 p.m., and volleyball, if please contact Florence Fass, next to you because you the SBA can find a gym- or Dick Prentice, Commis­ believe the only thing he or she , sioner of Intramural Sports. can talk about are the facts of Roto-Lith? Are you unable to FOOTBALL FEATS concentrate on the melodious 3B v. 2B ••. The Cinderella voices of your professors as SPEAKING team of the '77-'78 football they instruct you in the art of season, 2B, now 3B, clearly legal linguistics . . . huh? OF ·SPORTS and unequivocally demon­ Don't dispair if you are ex­ by Dick Prenttce strated last week . why they periencing any of these symp­ were the intramural cham­ toms of law schoolitis because pions last year and why they A joyful 2B football team, pictured last week after their first win there is a cure. It's in­ nasium. In March, an all-star will be the champions again in two years. This mHestone occurred only one week after 2B basketball team will travel to tramurals. It's amazing what a this year as they overpowered scored its first points in two years. Persistance personified. little exercise and good com­ Springfield, Mass., to defend a young, but inspired 2B team. pany can do for one's mental Fordham's title in the third an­ 3B's dynamic, versatile and tirbuted to the score by his 2A v. lA . . . 2A, the team attitude. This year the SBA is nual law school basketball awesome offense, lead by magnificient one-handed catch that everyone (especially peo­ sponsoring an exciting slate of tournament. Last year, 16 law quarterback Dick "the Duck" of a pass on an extra-point ple in 2A) thought would win activities. schools · from all over the Prentice, operated like a refin­ play. 2B, however, refused to the championship last · year, During the fall, there will be Northeast participated in the ed piece of machinery. 3B be shut out. They scored in the apparently continues to ex­ touch football for all those event. scored twice in the first half on first half on a terrific kick-off perience trouble with their of­ frustrated jocks and for all In April, the SBA will a pass from Prentice to Wild return by John Killea (which fense as they were unable to those people who have wanted organize an informal softball Bill Spelman and on a long run was 2B's only score, by the score a touchdown against an to play football and have league for all the students who by Prentice. They added two way). The run was made possi­ inexperienced first year team. never . had the opportunity. would like a little exercise more touchdowns in the se­ ble because of the excellent In fact, 2A had to rely on the The team that finishes in first before the battle of Armaged­ cond balf on passes from blocking by teammates aggressive play of their place will represent Fordham don .

~. 1919 Books Are Here!

BOOK DISTRIBUTION- , DAY IS THURSDAY, OCTOBER 12. ' ALL 1979 & 1980 GRADUATES WHO HAVE PAID OR WISH TO PAY THEIR $100 DEPOSIT MAYPICK UP THEIR?1979 NEW YORK VOLUMES ALL STUDENTS PICKING UP NEW BOOKS MUST RETURN OLD BOOKS PREVIOUSLY ISSUED. . REPS: 3B: Georgene Vairo 3E: Billy Maher 4E: Kevin Simmons Fred Green Adrienne Reilly Candice Ram Alice O'Rourke _ Doug Reiniger Steve Kallas 3A: Barbara Murray ·Larry Machiz 2A: Jim Scaduto Bill Yoquinto Linda Ishkanian John,Bradley Neil Novikoff 2B: Bill Ruane