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 ~ <1> ::.::: <1> Ol 0 '-/ <1> (.') >- .0 0 a..2 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 1 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 2 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 .