Juris Magazine- October, 1968

Juris DUQUESNE

UNIVERSITY,

PITTSBURGH,

PA •

Duquesne Law School Newsmagazine Octob .. r, 1968

Vol. 2 No. I

.... a; ..Cl

o

+-I

U

o

DEMOCRACY

Page Two

Juris

The Duquesne law School Newsmagazine Duquesne University, Pittsburgh, Pennsylvania EDITOR-IN-CHIEF

James N. Falcon ASSOGATE EDITOR

Bt'SINESS MANAGER

Stephen R. Signore, Jr.

John A. Mike

Editoria.l:

Reverse Censorship 'It makes us want to pack up our cameras and typewriters and go

TOPIC EDITORS: FEATURE EDlTOR

ALUMNI EDITOR

Robert W. Pessolano

James R. Farley

NEWS EDITOR

GRAPHIC ARTS EDITOR

Will iam T. Lapcevic

Laurence E. Davis

j\DVERTISING MANAGER

CIRCULATION MANAGER

James R. McDonald

Chrl s G. Copetas

ASSISTANTS TO TRR EDITOR:

Joseph B. Collins, Donald Charles, and Thomas Scott.

STAFF MEMBERS: James Bradley. Frank Carr, Harvey Eger, Harry Cramer, Lawrence DiAngelus. Robert Goehring, Joseph Hopper, John Hovan, Charles Kenrick, Robert Lovett, Albert Maier, Kenneth Martin, Samuel Pangburn, Tim Stanney. John Sughrue, Stanley M. Stein, Matthew Von Staudach, John Wollman.

ADVISORS: John J. Sciullo and Nicholas J. Demos.

JURIS is " publication of the Duquesne University School of Law. Corre· spondence may be addressr-n to JURIS, 8chool of Law .. 600 ForbE'"5 A,,"enue t Pittshurgh, Pennsylvania, 152JCI. Telephone: 47)-4600.

E"l~n.\cn .371.

Copyright CI Duquesne Um",,,,..lty, 1968 Printed at NEWS COMP, 1430 Penn Av<,,,u<>. Pgh., p"

15221

statement emanated from one of the newscasters during the Democratic Convention, T re-examining the picture as presented by the newsmen HIS

their crews t it was, unfortunately t one of the more observations made during the entire proceeding.

The newsmen, like the rest of society, are bound instituted laws. They, as we, must obey these laws: and ""JU"'." the newsmen are necessarily privileged in their occupation keep SOCiety informed. they also carry a much responsibility not to betray the trust societ.y ll.:'lS upon them. This duty restricts the newsmen to the and not 'making the of 'getting the Applying these principles we shall look to national newsmen who were reporting from Convention. We shall see that, under the of news' they presented one the most prejudicial, onenewscasts of recent times.

During the reports from this news commentators continually interrupted proceedings to show their eKa mples of 1J1..H.~L'C These fIlms and tapes were finely emotional verbiage and manifestations The newsman has Ii duty-a duty to inform the public IS occurring. He Is not to determine which ""..<>",t·o nOn,,",la insure their arriving at a previously determined

Congratulations

JURIS upon achieving Highest Honors for your AWARD-WINNING

NEWSMAGAZINE ,Student Bar Association

The news commenta tors, however. were seemingly hound the following precepts: ••. rF IT [S NOT EXCITING make it so.

, , . if there is no comment- create it through the

use of 'contrived' rumors.

Through these tactics. the convention viewers sa . ." 'viciousness' of the Chicago pollee; but, where were these samE dedicated newsmen when some of the 'innocent' demonstratorS' were defecating in paper bags which they then toss.ed at thE police? Where were these adept newsmen when some of these: demonstrators were copulating openly in the various Chlcagc. parks? Where were these disgusted newsmen when tM demonstrators were beating the police with wooden clubs' This writer is not condemning all demonstrators who wer~ in Chicago for, I am sure, that most were there hi good conscience. These demonstrators were there because theS felt morally that they had to be in Chicago to express theili feelings. It Is too bad, though. that some of this morality diG not rub off onto these newsmen who contrived, twisted, anrt selected the news to convey an incomplete, irresponsible picturd of the events as they occurred at this convention.

It Is this type of (reverse censorship' that the people can without; and. should these newscasters continue to spoonsociety such distorted news, then, maybe, they should pack their cameras and typewriters and go home. 9. : i . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Edlto ....In-cbi .. r

/" /

f JURIS

October, 1968

what

Page Thn:t'

It was Registration Day. 1968, and the staff was busy enrolling the largest numoor of students ever at the Duquesne Law School. Law School Deans should have this first day to quietly contemplate those innocent Bachelors coming in to face the First-Year Professorial Socratic Guns. And so I sat - contemplating the new school year -wben my secretary told me that Jim Falcon. Editor-In-Chief of JURIS. wanted to see me immediately. -It would oo1y take a minute,· be insisted, and demanded an audience. Sucb impertinence from a mere Editor-InChlel bad to be reeognUed and so I stopped everything - all that contemplation - and asked that his Honor be ushered In. I thought sure the abrupt interruption would result in an appropriate mea culpa from Jim. But the Honorable Mr. Falcon was smiling as be entered and literally shoved a letter into my face.

'Read this,' be ordered; and so I read it.

". • • JURIS, the Duquesne Law School Newsmagazine, r e c e 1v e 5 National First- Place Award in Law School Newspaper CompeUtion. H I began smiling and forgave Jim Falcon for the interruption.

Later in the afteruoon. I thought of the history of JURIS and the power of a simple idea born several years earner. I thought of the faculty meeting wbere approval was finally given to financially aid the new publication and of those who volunteered mucboftheir time for the take off. Professors Ronald R. Davenport.

John J. Sciullo and Patrick J. Basialbelievedstrongly in the I new idea' and presided during the conception. delivery and weaning of our new family member. I thought of J. William McLafferty, (Law, 1968) chosen by the Professors to be the first Editor. and of his instantaneous, creative enthusiasm which spread quickly to a well-organized and dedicated staff. I thought too of the few critics who wondered if •McLafferty and his Gang' knew what they were doing.

Volume I of JURIS is history with the attending accolades, awards and congratulations. We are proud of this excellent ach1evement. Jim Falcon 'and his Gang' have something to emulate.

That which is worthwhile in our societies of men never gets started except when one individual tells another individual about a 'new idea'. and prudent, receptive people listen and oogin building. Yet, if we fai1 to 'listen' to one another, good ideas end in the echo chambers of deaf human ears. The Law Sebool Administration or the administration of any educational institution that does not listen to all wave lengths makes serious mistakes. To be sure, the transmissions are numerous - the faculty regularly. the students incessantly. the alumni sporadically-yet all with worthwhile ideas. We have, with this new philosophy, tuned in to tbe student and faculty world here at the Duquesne Law School. In time we will turn on alumni channels with more frequency.

It is not the lack of 'new idea' that destroys the human spirit; rather, destruction of the spirit, man's only legitimate fear. results from an over abundance of deaf and therefore stupid ears located in the hard heads of those empowered with the near-sacred obligation of exercising authority over other equal human beings. To those in education who 'refuse to listen' or 'play the game of listening'. the power of the idea will be supplanted by the power of internal chaos.

We shall listen faithfully, reject cautiously, attempt to decide prudently - and cbeck JURlS regularly for the 'new idea'.

he Dean Comments • • • JURIS

October, 1968

Page four

Mueh has been wrttten aoout the Democratic National Convention. Usually the various writers have had an axe to grind and either chastised the yipples or Mayor Daley. We've heard it argued by partisans of the various candidates: -0I-that the convention was firmly in the control of the Humphrey forces; 2-that the convention was not responsive to the climate of the country; and 3-that the convention was the death of the Democratic Party.

-0The Vietnam debate, the fight over the rules, and the fights over the seating of various southern delegations are used by critics to indicate the serious divisions in the Democratic Party. The oppressive air of Chicago, the repressive tactics of M,lyor Daley, are used by Republican rartisans to prove the Democrats have lost control and are incapable of governing the country. George Wallace, sensing a swing to the right by the electorate, confidently predicts one of the political rarties will no longer exist after November and he will be the dominant political force by 1972.

All of this reminds me of the statement by the man who, when informed of the rumor of his death, responded "The news of my death has been greatly exaggerated." The Democratic party is not dead.

Chicago demonstrated its vitality. What we witnessed was the change of political power from one generation to another. Had Bobby Kennedy been the candidate the change of power might have been orderly. With Humphrey and Nixon orderly change is questionable.

r

went to Chicago to observe the convention - an interested citizen with a press pass provided by Ground friends, For several weeks before the convention, newspapt'rs played up the likelihood of trouble, Delegates were discouraged from bringing their wives and, in general, the tun atmosphere which normally pervades a national convention did notexist.

Upon arriving at the hotel which housed the PI?nnsylvania delegation I was immediately stnrek by the omnipresence of the police. Daley's lOgistics called for a PJIice officer every half block. There were policemen in the hotel lobhy, at the hotel entrance, and in prowl cars around the entire area.

It looked like there were pollee officers wan to wall and street to street.

Mayor Daley: No Middle

The debate on local television and in the lobby of the hotel was whether or not it really was necessary to have such extensive PJUce protection. It was argued, quite reasonably, that in Ught of the yipples planned and well advertised intention to disrupt the convention, that if Daley failed to prm,1de protection for the delegates, he would be properly criticized by the public for not adequately preparing for the trouble promised. The dominant presence of the police was not the only thing I observed. Daley's presence was also dominant. It was impossible in the hotels or on the street to turn either north, south, east or west without seeing Daley's name. I soon concluded that if 1 lived in Chicago I 1V0uid be either a Daley hater or a Da ley lover. In Chicago t.here is no middle ground.

MONDA Y, the first convention, was interesting. I de<:idE,;i to the main headquarters rOftlOs! of the candidates and convention officials - tre famous or infamous Hilton. At the Hilton were the demonstrators whose confrontations with the would soon be flashed around the world. At the was the main contingent of the polie.e force, were barrieades in front of the Hotel which the used to keep the sight-seers out of the of tht pedestrians. On occasion you might see a small group of demonstrators rarading in front of Hotel. Across the street in Grant Park was the mat force of demonstrators. The lobby of the Hilton Wa! always jammed with people. Every once in a a candidate McCarthy. Humphrey, McGovern or MaOdox - would walk into the hotel surrounde;i hi policemen. Depending on who came partisans in the lobbv would cheer or shout s The McCarthy people would too when Maddox wa through and shout 'Dump the Hump' wilen f:iumnh,.,,,arc walked through, But as of Monday afternoon seemed calm and reasonable.

Monday: Air Was Calm

Facade

or Rebirtb - Signs

the

scheduled to leave at p.m., meant on Mondav vou would not eat a I was riding o-n' one of the buses Pennsylvania delegation. We had a police led us to the expressway and then off the ""-'''''10,,,:,,,",>,,;11), past a wen kept public'housing drove by this development, I did not see ldos in the street., or on the grass.

In fact, there was a conspicuous lack of After passing the public housing we into what appeared to be a lower class whitt community. As was rePJrted on televiSion, the vacal1! lots in the commnnity were in some ea.'les clean and the normal debris found in lots clean. AU W('r1: Some of the lots had not been fenced wIth a very attractive On some the lots there were signs lot will erected new h01lsing Cor welcomes the conventioneers. There were Signs on these lots which elearly gave the these lots had been deared as rart or a renewal of the eity.

Police,

SHORTL Y before arriving at amphitheater we drove seven; More Pollce street corners where see a group of citizens and waiving the American flag as we drove Upon arriving at the amphitheater we drove into parking Jot which, as reported, was completely fencel in with a barbed wire topping. Outside the amphitheater there was a contingent of PJlice officers. Ther, were policemen on the roof and a helicopter overhead. There was a guard who asked to see your pass as you walked into the area immediately to the amphitheater. The de legates, the delegates, the press, and visitors all went separate gates. It was at these separate

Police And

A Civilian Perspective

JlJRIS

OnolX'r.

1<Xi1!

Pagc Five

convention delegate, visitor or observer encountered the electronic equipment which at least theoretically determined whether or not the pass was real or phony.

After getting inside the amphitheate:r you were informed by guards to keep your pass visible. When you walked to the assigned seating area there was a guard at each entrance who checked to make sure you had a pass. The security system, though impressive, was not fool proof. I am told it was possible to get someone into the amphitbeater merely by getting them on a bus carrying a contingent of delegates and then using th~ old device of passing along the pass.

MA YOR Daley on the one hand Commenda.t1on and the yipples on the other have OJ succeeded in polarizing the Condemnation country. Either, as is the overwbelming published public reaction, you believe the police were perfectly justified in whipping the beads of the yippies and the news people and thus deserve the commendation of the public, or you believe tile Chicago police are 'pigs' or 'facists' who deserve the condemnation of America. It has been difficult, if not imPQssible, for anyone to take the middle "round. deliberate taunting of the police by shouting sometimes dirty and always Imfiammatory slogans. as well as the highly publicized incidents of the use of spiked golf balls and human excrement, gives some justification to those who argue the , rippies got their just desert. The wanton whipping of any and everyone on the street or near the park, the use of tear gas, the raid on the McCarthy suite, . ~ives credence to those who shout police brutality. police repression, and fascism. It is, therefore, quite understandable the country is polarized. But as a civilian at the convention I refused to be put in one group or the other.

The

As you mayor may not remember the yippies sought permission to camp out in the park for the duration of the convention. Daley reslXlnded by having his city council enact a 11:00 p.m. curfew for the park. Tbis of course assured a confrontation. On Monday night as relXlrted in the newspapers, the enforcement of tbis curfew precipitated the first serious confrontation. Tear gas was used for the first time and the Chicago police tor the first time whipped heads. Unfortunately, for the police and for Mayor Daley. the police were not too terribly selective as to the beads they whipped. Severa] newsmen were beaten even when they identified themselves as newsmen. The word on Tuesday was the curfew would not be enforced and the police were instructed to 'cool' it. The time was approximately 11:00 p.m.; the place was Grant Park in front of thE Hilton.

My vantage lXIint wa.<; the sixth floor suite of \BC news whicb wa.s directly across from Grant Park. The scene was as follows: ApprOXimately >,000 yipples in the park and several hundred ;x;licemen in a solid line faCing them. Inside the lark the yippies were shouting sometimes obscene ,Iogans and burning what were purported to be dralt :ards. Sometimes during that evening there would be , minor disturbance in an area of the park away from

the main contingent of demonstrators. In a comic looking though deadly serious reaction. a platoon of poli~e officers would go running in formation to the area of the disturbance to quell it. For those of us in the ABC News suite it was quite a sight, At one time in the evening the oiftcer in charge apparently expected trOUble, and to prevent the re-occurence of the beating of news people he cleared the park of both newsmen and cameramen. We assumed some violence was about to take place but nothing bappened, and soon the newsmen and photographers began to drift back to the park.

Freedom-

THE demonstrators continued to sing songs and shout slogans, the pollce continued to maintain their solid blue line and nothing happened. In the local Pl,pers the following day it was reported that somewhere around 3:00 a.m. troops replaced the pollee. The next day, Wednesday when the yippies attempted to march on the amphitheater, tbere was a repeat of Monday's violence. Tbere were those delegates who thought the yippies got what was coming to thel!l~ Th~ were generally the machine politician iJpe. There were those delegates, not ne.cessarily of the McCarthy variety, who were appalled at what they saw on television. For what they saw was the police wbipping the beads of their children and their friend's children. The yippies, as has been reported, were. not the poor or the black. but were alienated middle class kids. These delegates were not only a.ppalled at the poliee action. but the omnipresence of the police as wenâ&#x20AC;˘

Fenced InFenced Oaa

On the. buses with the Pennsylvania delegation, there were those who understood that a pollce officer or fence which keeps the demonstrator away from you also keeps you away from the demonstrator. In other words, the demonstrators were fenced out and the delegates were fenced in. Generally, however, the trouble outside had little if any ettect on the delegates inside.

THE interesting thing about the police actions is the support it Allia.nce: received from labor leaders. This Police Aad more so than anything else LalIor indicates the changing character of the labor movement. It was only a few years ago that in the ll3.me of law and order the police were whiPPing the beads of labor. The picket lines have past. Tbe Wagner Act was passed. The lower to middle income suwrban homes have been built.

Paid vacations and sick time have come. Labor bas moved into the middle class and with that movement bas gone their memories. The police, whom labor fought more viciously than any group of yippies or black people or poor people, are now the sym'bol of protection of the achievements of labor. Chicago and its aftermath demonstrates that the current leadership of labor has shifted from progressive programs to 'law a.nd order'.

The New

As is quite evident from what I have written I did not personally witness a violent confrontation between the police and the yippies. Tbe only violence I saw

was on television. 1 did witness and hear the yippies shouting obscene slogans at the police. Was Daley right in his reBp)nse? Were the yippies and those who support them right in their reaction? Daley was right in attempting to protect the delegates. It was, in fact, safer in the amphitheater than on the streets around the convention hotels. Daley was right in attempting to discourage violence and trouble by the show of military and police power. Daley was wrong in barring the yippies initially from using the park.

His reaction contrasts to the reaction of W~bington officials who avoided violent confrontation with the Poor People's Campaign by cooperating with that campaign wtiere they thought it in their best interest.

Daley was wrong in barring the yippies from demonstrating near the amphitheater.

As a practical matter, due to the deployment of the IXlllce. it was a logistical impossibility for the demonstrators to get anywhere near the amphitheater.

Clearly, they did not have the right to disrupt the proceedings of the convention. Just as clearly, they bad the right to make their presence felt by the delegates. Except for what one saw on television and read in the newspapers, the demonstrators, from the point of view of impact on the delegates as a whole, might just as well bave been in Miami.

Daley was wrong in attempting to play down the over-reaction of his IXllice force. Policemen are supposed to be highly trained officers instilled with discipline so that they will not react as ordinary citizens or as a mob. They had the right and responsibility to deal effectively with those demonstrators who gave them physical trouble. They did not have the right to beat a man or woman merely because some other person made them angry. What I am saying is, the IDUee had a right to a measured response to the provocation - response which bad, as its goal. the containment of the situation. I make no excuse for those demonstrators who deliberately sought to provoke the reaction wbich occured. I am just as appalled as any citizen when I hear obscene slogans shouted at anyone. But as a citizen. I say the heavy-handed reslDnse of the police was a disgrace to this country.

THE debate on Vietnam began at 1:00 p.m. on Wednesday and lasted until approximately 4:00 p.m. This meant that for ttu:: delegates and for the press both lunch and dinner would have to be eaten on the run. Congressman Hale Boggs of Louisiana presented the platform plank for the administration. Congressman Don Edwards of California quarterbacked the oPlXlsition to the administration plank. The speeches from 'both camps although scheduled to last only two hours, in fact, lasted two and a half hours. I do not know how it looked on television bot from the gallaries it was a sight to behold - the eloquent phrases oC Ted Sorenson, the gutty comments of Pierre Salinger. the logic ot Senator Muskie, the commitment of Congressman Boggs. Here, contrary to the Republican convention. was democracy with its strengths and weakness at work. Viewing the Republican convention one might easily think that we as a nation are of one

'l'he Deba&e Beg;ins On Vie&aam

-coatill!ÂŁed OIl page 13

of the Democratic Convention

By RONALD R. DAVENPORT Professor at law

JURIS

October, 1968

Page: Six

The Keeton-O'Connel Plan of Automobile Insurance:

Alternative

to<ins

• The • plan- derives most of its featllrt;;"Crom el:tstJllllit types of insurance, such as Pll1'l"ne.ntf coverage,. modified to reimburse losses a lump sum. month rather than ~ Tort liability Is partially replaced claims wherein II. vietim claims 0'1\'11 insurer. Qf if a passengl?r in SOlTleoIle against his trost's ''''"....",..

• The insured is from tort "_'.""L the extent that the victim's economic loss eeed $10,000, and damages for iJi1IU<l.IIU""'wt<, ....," ex?eed $5,000, all losses falling within these "t'n''''~~. bemg reimbursed by basic protection benefits under ·plan". In cases of more severe injury the victim retains the right to seek redress in to~t.

• Benefits will cover net loss only. peeted that they witI not be treated • "Loss· is termed as economic loss eODsf.s1tine reasonable I!xpense incurred and work loss i.e, loss

wages.

By MAllHEW vtW STAUOACH Third Year Nitht The Federal Government recently initiated aformal investigation of the American automobUe insurance industry. Charges were made during Senate bearings that the entire tort liability system wasatfault for the . massive backlog of court cases and the inappropriately high injury awards resulting in higb premiums and mass cancelIations. Soon more voices of alarm joined an already large chorus raising the spectre of government interference into yet another seetor of priva.te enterprise. However, while many concede that the industry is beset by problems. fewprovlde rationalsolutions. In 1965. a reform plan was offered by two law professors, Robert E. Keeton and Jeffrey O'Connell, which, thougb immediately beleaguered by critics, does offer a detailed alternative to the present system of automobile insurance, A brief overview of the present situation is necessary before the Keeton-O'Connell plan is scrutinized.

The prime issue is the growing number of automobUe aCCidents. Between 40,000 and 50,000 traffic fatalities occur annually. which, coupled with anadditional 4 million non-fatal injuries, cost insurance companies $5 billion in damages during 1967. During the thirties, this amount was only $600 million, the difference between the two figures poignantly foreshadowlug a dark future under the present system as more and more automobiles will be on the highways. More than 115 million vehicles are expected to jam American roads by 1983, an increase of 39 per cent in 20 years.

That litigation resulting from the increasing number of traffic accidents has had a crushing effeet on the courts where they are settled is evidenced by the immense backlog of cases, which in some instances don't come to trial for as long as five years. Furthermore, cases filed represent only a small fraction of the total number of claims, and, in turn, cases tried represent only a small fraction of cases tiled, giving rise to a potentially fantastic backlog where only the descendants of the original claimants see the outcome of their contest, all original parties having long since died of old age. Even the present delays sometimes create problems making a fair trial virtually impossible; witnesses move away from the locus of the trial, or their memories become unrellable due to the passage of time. Added to this are va.rious other factors tending to cloud the issues, such as the traditional

theatrics assoeia~ 9ifb ttial-t>Jo1S toswaytbejuryand the normal bias of the parties asserting their eases.

The extent

of inequalities is revealed 1n va.rious studies eonducted by law schools th.rougbout thecoun-

try. A University of Michigan study completed In 1964 showed that of 86.120 persollS involved in auto accidents and suffering economic loss. 3S per cent recovered nothing at alL Furthermore, the pattern is one of ample compensation for the least severely injured and only fractional compensatJon for the seriously injured. The ~lCblgan slDdy cites statistics where 33 per cent of those with less tbaft $l~OOO in loss recovered 151 per cent or more of their economic loss. while most of those suffering $25,000 or more of loss re-

covered less than 25 per cent of their economic loss.

An irony of all tbls -maladjustment- is the high cost of the present system. Of course, the layman is most aware of the ever Increasing cost of pre.. miums which, in certain eases. have reached $1,000 or mote per year, even Without prior record of acm.. dents. However, wbat is most appalling is that only 5~ of the premium dollar ever reaches the hands of the vIctim, the rest goes to agents, adjusters, inVestigators. lawyers, overhead and prOfit.

Thus, reform of the present auto Insurance system Is clearly deslreable. Professors Keeton and O'Connell offer such a plan of reform in their proposed. Motor Vehicle Basic Proteetion Insurance Act. which was introduced in their book, "BasicProtectionfortheTra!fic Victim.- The plan encompassesZ3features, which, although offering some much needed solutions, does not imply a total upbeava.l of theautolnsurance industry, or seem to be as unpaIamblea.s Increasing government interference.

A detailed scrutiny of the "plan- is not within the scope of this article. However, it is hoped that the following diScussion will suffice to enable the reader to grasp the essentials.

Basically, the "plan- offers a new form of compulsory automobile insurance providing for coverage of all ·out-of-pocket" loss up to $10,000, with legislation exempting the insured from tort liability in certain cases. or reducing it by certain dollar amounts. .....()....

Below is a synopsis of the features of basic protection coverage (the "plan"): JURIS

October. 1968

•

• Property loss will continue to be handled present system. Since most property is vehicles involved in theaceident. this by collision illSuranee.

• ProVIsion is made forastandarddeductibleQfreimbursahle loss 01$100 of net loss or 10 work loss, with options for larger (je(l!uctibll~ 9.11!lounlS; • Tile Insurer's standard maximum $10,000 for to one person and "''-'''V.W'''' all injuries oneaeetdent, with an sured to added protection I'!'lV""ll,""" of catastrophe protection eO\'era~ "".",,'i •., an additional $100,000. .

• Basic protection ..fi''''''''''''''''' registering an a.utomobile. pulsory by law.

• A bureau of assigned claims is estabUshed. the victim ofa hltand run driver is an uninsured pedestrian wOO doesn't own It car). the victim's cla.im in rotationtothevariousCO!llJ)aIil!1!i operating in tile state. Similarly, claims ;---" •.: .. resident drivers are also handled assllOliM c blims bureau under the "plan" • • Tbe beneffts of the ·plan" are extended to survivors of a deceased victim.

• The covering poUcy will be issued as under present system, to the owner of the veIdcle and mar~ keted as in the same manner as present liability insurance.

• Perhaps the most controverSial feature is elimination of trial by jury where the amount in eon. troversy is less than $5,000 for pain and .<:Inff"";nll' .....()....

Messrs. Keeton and O'Connell maintain that the . a?vantages of their system far outweigh its supposed dIsadvantages; total cost will be lower. claims wiHbe processed more swiftly, and what isperhapsmostimportant, that generally the integrfty ofthe entire industry should be elevated with the elimination of much of the chicanery in exaggerating which per: vades the present system.

Soon after publication, the an army of detractors, eouliooe,hifif'hmF'll"r,"'" of statistics. including ness, it must be said that raised by responsible 1...4!""ff~._;f,," sors of law schools. and t?riliMLllcm

Page Seven

an honest desire to separate the "plan's· constructive elements from those thought to be undesirable.

-0-

Primarily, the detractors propose that under the The incidence of fraud will increase rather than ....."'.."..... since now basic protection will be automatic vehicle ownership. and unwitnessed ac~idents will open invitations to dIshonesty.

2-Court congestion will worsen under an "avaianche" of new actions because the claimant will have everything to gain and little to lose since he's already Al!overed by the basic "piau".

THE STUDENT BAR OFFICERS FOR 1968-1969

3-Actuarial studies conducted in New York and Mashave shown a variety of contradictory rewhich, while not disproving the cost-reducing of the plan, also did not prove that savings be incurred.

- While the plan would eliminate inequities where, example, because of contributory negligence the receives nothing, other inequities would when the system is burdened with the added of paying benefits to the drunken driver, the accident repeater, and others of similar

5-There will be a major redistribution of prefrom those most likely to cause accidents, to safe drivers, least likely to cause accidents.

The equity of eliminating' tort Uability under economic loss and $5,000 pain and sufferquestioned. What is magic about $5,000? is feared that since none but the larger incompanies will be able to afford the rating and potentiall y high administrative costs, the smaller companies will be forced out of To cope with the large and varied problems of the plan, federaljnterference will become The elimination of tort liability in certain cases deny individuals the opportunity to plead their re the "time-proven" jury system.

(From left to right) LISLE A. ZEHNER. III, Secretary; EDWARD ABES, President; WILLIAM T. LAPCEVIC, Executive Vice President, and LOUIS C. LALUMERE, Treasurer.

Finally, some attorneys maintain that the basic plan will be struck down as a violation of process and equal pr.otection clauses of the and state constitutions.

-0-

Furthermore, what is more interesting is that some tbe plan's critics take a position which is even more than the .. plan", saying that it does too little the present situation. Professor Alfred of the University of Michigan Law School sugthat a massive infusion of government insurance in the form of social security to provide payments to traffic victims. authors have ably rebutted their critics in arin various legal publications, and the still continues. They point out that since the is criticized by oPPJsing sides, at least it serves that even if the "plan" has its faults, its cannot be entirely right either. It is and has aditional in American political and social histake the "middle road,· which Keeton and maintain is the central merit of their pro-

Whether the" plan" is the best Solution to the chaos the courts and the present claims system yet to be seen, but it is certain that some change is a necessity. The Keeton-O'Connell at least offers an alternative to ever-growing IDvolvement in private industry. and it certhe most articulately expressed system yet Since the authors readily concede that what advocate will involve evolutionary change, it bethose who have the power to bring it about to UU1'","lY. before the present problems can only be by far more drastic means.

A Complete Line of Legal Blanks

A Complete Une of Supplies for the Law Student

P. O. NALY COMPANY PRINTING· ENGRAVING· STATIONERY

Law & Finance Building 425 Fourth Avenue

Pittsburgh, Pa. 15219 Phone.: 261·0366 261.5Ml

p . Eight

Guaranteed

By ROBERT W. PESSOlANO

'Whllt we !leed 1ft tile Ufaited 8ta.tes .•• is love alld wisdom aM compas stoll tmDBras O1Ie aaother, and a

feeliflfl of tustice toward tAose wAo still suffer wit.\ill OUT Oflm COU!ltrtf,

w.ether

titer be w1tite or t1tell be

be brack.

- Robert F. Kennedy, April oil, 1968

D

URING the last several years this country has seen the phrase "long hot summer" become quite fashionable. This phrase, In its most Widely aceepted connotation, is used to describe the phenomena of civil disorders that have rapidly swept the country and wblch threaten the very existence and survival of America as a viable and stable democracy. n does a great disservice to everyone concerned, namely tbe participants of these protesls, to Instantly categorize tbese ever increasing spasms of violence as the work of hoodlums or anarchists seeking to undermine and subvert the false god of the American system, capitalism, by such "so-called" displays of wanton, malicious. and pre-meditated destruction of private and public property. It 15 likewise Ulll'I'!asonable to offer as the panacea for this problem, as some "eminent" public officials have, the extremely nebulous slogan - "law and order'; or to engage 1n temperamental tirades of self-righteous indignation and Phariseeistic breast-beating as !l way of salving our collective supremacist consciences. Tbe more reasonable and logical answer to this deUmma is a sober, scrutinized reflection on such disordersrather than a quick condemnation - in a sincere effort to determine the causes of such catastrophic activities, and to ultimately offer constructive, concrete programs to rectl1y this serious SOCiological problem. Perhaps such a reflection and appraisal of the situation will reveal that such individuals riot - 11 you will - not out of any subversive tendency, but out of a deep frustration horne out of several hundred years of nonfeasance. Perhaps such a study will reveal a definitive pattern of neglect and second-class treatment which we, in this country, magnanimously bestow on our nation's poor-especially the black poor.

Perhaps such a study will show a systemitized repression of these indivIduals. Perhaps it will narrate instances of sub-standard and rat-infested housing.

Perhaps it will detail tales of college educated, wellquali1ied individuals being forced to sweep floors solely because of their color. Just such an extensive study was recently undertaken by the much heralded and well publicized Kerner Commission. This commission performed an excellent public serviceperliaps too excellent - by succinctlysummariz1ngthe legitimate grievances of the poor and by recommending speci11c methods to solve this pressing domestic problem. It is indeed tragic that the findings and recommendations of this able commission have been relegated to the bureaucratic trash can. The time for idle talk, bureaucratic inefficiency, and inattention to signifieant social problems has long since passed.

The time Is urgent - the time calls for an honest demonstration that this country really and genuinely cares as much for the starving family in the ghetto as It does for the Carnegies, Vanderbilts, and MeHons, which this country has paternally coddled for centuries.

The time demands and cries out for action. What we need are imaginative, vital, resourceful, and innovative programs to effectively eradicate the causes of violence - programs which will eliminate the true nemesis - POVERTY. Could it be that the solution is a Guaranteed Annual Income?

JURIS

October. 1%8

THERE are currently two very siocere and significant programs being prop>sed to solve our most crucial domestic problem - the Cnegatiw incometaxt proposal authored by University of Chicago economist Milton Friedman and the· guaranteed income'" program of James Tobin. While these pro}X}sals constitute honest attempts to alleviate the problems of the poor, this writer feels that each proposal contains a glaring shortcoming which renders it ineffective in meeting the problems ot the JX>Or. Present Proposals

THIS pro}X}sal, authoredbyMUton Friedman. was first enunciated in 1962. In Mr. Friedman's own Tu-Too word~ "the basIc ideaofanegative Negative income tax is to use the mechanism by which we now collect tax revenue from people with incomes above some minimum level to provide financial assistance to people with incomes below that level'" (Newsweek, September 16) This pro}X}sal. as outlined in one of his recent columns (Newsweek, September Iii) operates as follows:

Negative

Income

Under present law, a l'amUy of four - husband, wife, and two dependents - is entitled to personal exemptions and minimum deductions totaling $3,000 ($2.400 personal exemptions, $600 deductions.)

If such a family has an income of $3,000, its exemptions and deductions just offset its income.

It has a zero taxable income ~nd pays no tax.

If it has an income of $4,000, it has a positi.e taxable income of $1,000. Under current law, it is required to pay a tax of 15.4 per cent, or $154. Henee it ends up with an income after tax of $3,846.

If it has an income of $2,000, it has a negative taxable income of - $1,000 ($2,000 minus exemptions and deductions of ~,OOO equals - $1,000.) This negative taxable income is currenny disregarded.

Under a negative income tax, the family would be entitled to receive a fraction of this sum. If the negative tax rate were 50 per cent, it would be entitled to receive $500, leaving it with ;m income after tax of $2,500.

If such a family had no private home, it would have a negative taxable income of - $3,000, which would entitle it to receive $1,500. This is the minimum income guaranteed by this plan for a family of four,

THIS approach, sponsored principally by James Tobin would award all families under a $3,130 Guaranteed "}X}verty line" a straight Income allowance of $400 each for the parents and the first four children, $150 each for a fifth and sixth child. As family income from accrued, it would trim the subsidy. b~t per cent of each dollar earned. This s~h:t!me would eontinue in effect until the combined allowance· earnings total of a family f'l'acbed tM neighborhood of $5,000 - or the government's designated July 1, 1968.)

A Sincere Effort:

Third Year Day

WHILE both proposed plans represent an honest, sincere effort to solve and eliminate the degredations and suffering of poverty. and are both im measurably better alternatives than the inefficient welfare system, each contains the same fundamental shortcoming which renders these plans ineffectual in adequately dealing with the problems of our nation's poor. It is this writer's firm belief that any prospective program of a minimum annual wage which seeks success must provide sufficient income to completely'remove its recipients from the ranks of the starving poor and create viable members of society out of them. That is to say, the beneficiaries of these programs must receive considerably more than the hare, minimum subsistence level of $3,130, or their plight will remain exactly the same and nothing but the status quo is achieved.

I would suggest that a minimum income of $1,500, as proposed by Mr. Friedman, is clearly absurd.

This amount is certainly not sufficient to support one person, let alone a family of four. Under this plan, the poor will still be struggling for survival on the meager, anachronistic, SUbsistence level of $3,130.

Under this proposal, nothing would change - the poor would remain poor, while the wealthy continued to amass their fortunes in the city and return to suburbia confident that they have done their {art in eliminating poverty. Actually, this plan underscores the malaise which pervades this country today - an unwillingness to become involved, a reluctance to accept the moral responsibility .3nd commitment to provide for those who are less fortunate than we.

For, while this program gtltes mere lip service to the democratic ideals this country is supposed to espouse, it underlines the affirmation and worship of the "puritan ethic," and the deep unwillingness and reluctance, on the part of White, middle-class America, to discard this anamolous, anachronistic, and vestigal characteristic of the eighteenth century.

Present Plaas

Are Too lDefficieat

Prescription For Poverty Mr. Tobin's proposal is a more equitable attempt to alleviate the suffering and starvation of the poor, but it too falls far short as a solution to the.problem.

This proposal is based on need, to a certain extent, and gives each family a $400 allowance or stipend for each parent and child until the ceiling of $5,000 is reached. While this may represent a substantial benefit to large families, consider, for a moment, this same proposal as applied to a family of three who are seeking out a bare existence on an income of perhaps $2,500. By adding to this amount the $1,200 allowance, this family's income would swell to the astronomical total of $3,700. Does this plan solve their problems, alleviate their suffering, put food in their mouths, or improve their lot? The answers are, of course, a resounding NOll! Even a cursory glance at such a situation would reveal that their income is

only slightly higher tban tile bare, subsistence standard and consequently, any improvement,lf any, in their life

of existence Is negUglble. This proposal, hence, does little more than encourage proereation which only compounds the problems of the poor by increasing the number of mouths whieb must be fed, clothed, and sheltered.

money, and wID become cognizant of their respoosibill.ties and obligat1oos In this regard.

and mode

I submit that the best proposal in this arena ealls for a complete, albeit a total restructuring and redIstrubution of income in the United States. Nothing short of this dramatic undertaking win have any chance of success, This proposal is the simplest, least complicated, most just, and most equitable of any of the other current proposais for a guaranteed annual income. Under this proposal a governmental agency similar to the Office of Economic Opportunity would be established to supervise the distribution of the income. I would suggest, as the guaranteed annual income, a figure which is substantially higher than the current subsistence level - a figure in the neighborhood of $5,000 to $'7,000.

After agreement is reached on an appropriate amount, this amount would then be uniformly distributed to every family in the country having a combined income of less than the minimum amount regardless of whether that family be white or black; can or cannot work; seeks or does not seek employment. As a corollary. I would also establish a ceiling on the maximum amount any person could earn in a given year - as a beginning I would set the maximum annual income at a figure in the vicinity of $100,000 to $500,000 with the provision that this could be constantly revised, or even abolished, as the need arises. Any person earning more than this amount in any given year would contribute the surplus to tbe supervisory agency which would then distribute it to the people at the lower rungs ot the economic ladder. I submit that this is the most effective way to combat poverty and halt the glaring and flagrant inequities of the existing distribution of income in the United States.

Is this proposal radical? Is this proposal impractical? Does this proposal encourage tbe lazy members of our society to shun work knowing that money will always be there? Does this proposal destroy human dignity? Is this proposal socialistic?

Why should I work to support those "bums"? The preceding questions represent the most widely encounterea objections to the implementation of such a plan.

Assuming arguendo that the answer to each of these questions would be yes, I submit that this would be highly irrelevant and insignificant once this country is willing to cease paying homage to the "sacredprinciple that confers dignity on a person solely on the basis of the type of job he has, or how mucb be earns, or how many Cadillacs he drives, or how many SWimming pools he has in his back yard, but completely disregards his basic, inherent, intrinsic human worth and dignity. I would suggest that this, the desparate grasping on to the obsolescent principles afthe Puritan Ethic, is the only thing legislating against the acceptance of such a highly enlightened and progressive concept. Once this concept (puritan Ethic), which supposedly encourages competition, but actually impedes and thwarts human progress, is discarded, the people of this country will realize that there is a higher moral imperative and motivatlonthangreedfor

JURIS

October, 1968

MANY will undoubtedly be skeptical of the practicality and feasibility of sucbanall-inclusbe program. Many will wonder how such a program can be implemented or financed. Th1s proposal is suggested as an alternat1ve to the inefficient welfare system, and hence its creation would supplant and supersede aU existing publ1c welfare programs as well as the social security system. Its adoption will aiso result in the curtailment. to a great extent, of the activities of the medicare program. The aooptlon of this program wUl make these agencies and methods of public assistance superfluous. The program insures every family an annual income ofapproxlmately $7,000.

Every family is therefore assuredofafair, just sum; a sum which will permit it to live a relatively normal existence. This, in turn, eliminates the very reason for the existence of such programs. Once the reason for their existence is no longer present, the next logical step in the process is the abollsbment of such programs. Tbis program wID also diminisb the need for the medicare program in the respect that, by granting these families sufficient income to lead a meaningful existence, it will likewise permit them to pay for the medical services which are currently being substantially covered by the government.

Under this proposal the monies now being spent to operate our present -token- attempt at public welfare will be transferred to the agency which will be established to oversee and implement the program. It will represent and constitute the budget for this administrative agency. The bulk of the money, tbat is, that {art which will become the actual guaranteed income, will come from the people- themselves - an:. surolus over and above the amount which is reached as a maximum annual income. Hence, the program win actually cost little, and will instead be self-sustaining,

Moral

MANY will be virulently opposed to such a program because they feel that this program only encourages laziness and destroys one's dignity. Such a plan, it has beensald, willlnhlbit, if not destroy, the initiative, competition, and greed for money which have made this country so prosperous.

Opponents frequently state that it will destroy the dignity and spirit of a person by compensating him for doing absolutely nothing. Doesn't it seem strange tllat such "noble" utterances usually, if not unanimously, emanate from the mouths of the more affluent members of our society. Doesn't it seem strange that the opinions of our nation's poor with respect to such programs are never solicited? Doesn't it seem strange that these people, people who are farthest removed from the problems and frustrations of the poor, are purporting to act as spokesmen for the less affluent members of our society and dictate what is and what is not for their public welfare? It is my conception (perhaps erroneous) that a democracy is supposed to represent and reflect the wishes and desires of the people; that it is supposed to live for all the people and not just those with large bankrolls and vested interests; that it Is supposed to stand for progress and not the status quo.

CoD81dera&ton: DipUy Aa4 Honor

- c011tilluea Oil page 12

Page: Ten

l7' FLAW

IS LARGELY THE PRODUCT of historical. decisional evolution, then its development in Panama began under distinctly ominous circumstances. Shortly alter tbe discovery of HIe New World. the Spanish Crown dispatched its first governor to the Isthmus, with the following instructions: ~

'Take care &0 look aner tbe people. Prohibit tbe use of cards aad dice. Punisb marder, robbery, and blasphemy. Be just aDd fair 1a tbe treatment of the Indiaas. AND TOLERATE NO

LAWYER IN THE TERRITORY .'

Justice in the Barriadas

Fortunately. the ban on attorneys was lifted centuries ago,' long before Panama won its independence from Spain (1821) and from COlombia (190S). Today the law and lawyers. are playing a vItal role in a creative new effort to eliminate the underlying causes of urban poverty in the Republic. On May 15, 1968, Panama's first program of legal services to thepoor, Asistencia Legal a Las Barriadas, was established in Panama City. In an age when increased emphasis is being placed on the extension of legal assistance to the indigent, the creation of one more such pro}ect is not in itself necessarily newsworthy. The umque significance of Asistencia Legal is found in its relationship to two indigenous phenomena: tbe barriadas de emergencia, and the Urban Community DE'velopment Program.

MOVE TO CITfES

Progress In

Panama

By ROBERT S. BARKER Class of 1966

ONE of the most imrortant davelopments of the mid- Twentieth Century has been urbanization.

Nearly every nation is experiencing a large-scale shift in roPUlation from rural to urban areas, and a concomitant socio-economic dislocation. In Panama, this trend began to assume large prorortions during the Second World War. Thousands of eampesinos left the agrucultural provinces of tbe interior in search of the "better life"' which, rightly or wrongly, is associated with the cities. The mIgration accelerated during the 1950's and continues to the present day. As a result, the IX>PUlationof Panama City (tbe capital and largest city) has risen from 127,000 in 1950 to over 350,000 today. The majority of the newly-arrived were poor and untrained for commercial or Industral employment. Housing facilities were inadequate to accommodate HIe influx, and the problem was compounded by severe lImitations on the expansIon of the metroJlO1itan area: Panama City is bounded on the south by tbe Pacific Ocean and on the north and west by the Panama Canal Zone. In any event, waves of penniless, jobless migrants began to occupy tracts of vacant land on the fringes of the city, fashioning makeshift houses from wbateverscrap materials were available. These squatter communities rose so rapidly (at times, literally overnight) that they were labeled barriadas brujas (barriada neighborhood; bruja - witch). The official terms are barriadas de emergencia and barriadas de urgencia, hut despite the connotation of transition, these settlements have become permanent communities, with a total population of more than forty thousand.

LIFE

BY any standards, the barriadas de emergencia arecentersofpoverty. Incomes are low, nnemployPOVERTY ment and underemployment are high, and living quarters are substandard and overcrowded. Some barriadas have no electricity. and many lack adequate water supply, sewerage and roads.

A few are flooded during the rainy season. Over the years, various attempts have been made to alleviate these conditions. Some barriada lands have been purchased by the Panamanian Government and are now administered by the Instituto de Vivienda y Urbanismo (IVU the national housing agency) in tbe interests of the ;esidents. In otber instances entire communities have been resettled in new IVU developments. But these efforts have been limited in both scope and purpose. There remain today some thirty-two distinct barrladas de emergencia in Panama City. They are now, as they have always been, - poor, often Ignored, and 01. -v marginally affected by the considerable progress being enjoyed by the rest of the nation. * OF

!RIS

October, 1968

·In ltteracy. life expectancy. and per capita income. Panama ranks among tke leaders in Latin America. and a recent United Nations study disclosed that Panama's per capita gTowtk rate is the highest in the region.

AGAINST this Office of Urban Development was established 1967 within the Social Welfare, and Public Health, cooperation of the United States Peace Agency for International Development, specific purposes are:

SETTING OF SOCIAL GOALS

• to develop and implement an integrated' program of community development deslgned to Improve the social and economic status. the living and working conditions, hOUSing, and employment opportunities in the barriadas de emergenciaj

• to encourage democratic private and local governmental institutions to participate actively in the economy and in the development process; and • to demonstrate the advantages of Ii coordinated program of barriada rehabilitation antI urban development.

-0-

To carry out its program, OllCD primary emphasis on community development, i.e., the process of stimulating each barriada to utilize its 0"\\'11 human and material resources in organizing itself, defining its problems, and formulating and executing its own plans for social and economic improvement. To this end, trained OCCD community developers work with each community to encourage constructive local action.

OUCD supports barriada efforts byprovidinl5technical assistance {e.g., architectural and engineering services,} research materIals and financial aid (loans and grants). OUCD also operates Servicl0 Nadonal de Empleo. which is similar to the Manpower Training and Develoment Program in the United States.

However, the essential function of OUCD is "".,,'''''''' material aid is designed as a supplement to, a substitute for, barriada initiative and barriada resources,

HUMAN RIGHTS DURING tbe,erganizationaJ stages AND LAW of OUCD it became increasingly VS. POVERTY apparent that any successful

attack on barriada poverty must include some form of legal assistance to the comm unities invo hed, Pre Uminary studies documented the fact that unresolved legal problems were among the most formidable barriers to progress. Many of tbe difficulties were tbe result of the residents' tenoous relationship to the land; other legal needs were implicit in tbe community development process itself. Effective community organization involves the drafting of adequate constitutions and the acquisition ofpersoneria jurldica. Community self-help projects raise matters of permits, zoning restrictions, conflicting and overlapping agency jurisdiction and, in general, the complexities of the administrative process. There was considerable evidence tbat the absence oflegal assistance had alreadv caused the abandonmentofbarriadainitiated development programs, and had contributed to HIe disintegration of once-promising community action groups.

The creators of OUCD had envisioned the establish· ment of a legal department within the Office, to deal with internal matters and thus, indirectly. to facilitate barriada development. others, however, felt that there was an immediate need to provide legal assistance directly to the people of tbe barriadas, and on a permanent basis. Tbere was little precedent for the idea. In 1957 the National Assembly had established Los ConsuItorfos Juridicos Populares whieh, however. remained dormant for lack of funds.

The Co]egio Nacional de Abogados (national bar association), the UniverSity of Panama Law School, and at least one private organization had, at various times, advocated the formation of a legal ald.program. but these plans never materialized. Gradually, tbe idea of barriada legal services, under the auspices of OUCD, began to gain support. The vital stimulus came from the barriadas themselves. A committee of citizens of Monte ascuro (the largest of the blrriadas de emergencia) drafted a petition in which they outlined their legal problems and specifically requested legal assistance for their own and other barriadas. Their closing comment was particularly incisive:

wealthy. The Panamantan example has not been lost on the rest 01 the hemisphere. With in a tew weeks 01 the inauguration of Asisteneia Legal. it was cited by the Salvadorian newspaper La Prensa as a fitting prototype for legal assistance to the poor of that country. As one United States Congressman noted, ..the barrtada legal services program WiJl start a process which will encourage the poor to view the legal system as a protector of their interests and not as an instrument of oppression.-

is not enough for a to know that he rights. He must also able to use these to further his well and to defend these when they are

-

e response was e!lTwo law stutheir to OUCD, where ,:isted in laying the for a legal program. The Law School coin selecting atfor the project. FtComUe Pro-Pana private civic assocontributed funds the effort. The is Asistencia Legal Barriadas, formed OUCD "in order to the benefits of legal and rep-esentation residents of the bari to supplement and J\lPport the ongoing pro~ess of community devel, and to promote !lutual respect and understanding between barriada rtasidents and those responsible for the administration justice.-

STAGNATION VERSUS DEVELOPMENT

THE legal services office is staffed by two attorneys, both 1966 graduates of the University of Panama Law School. Under the ,program, advice and representation are available to individuals and organizations who are unable to pay ,rlvate counsel. Although assistance is available in a fUll range of civil and criminal matters, priority is .given to problems of a community nature,notso much to reduce the number of domestic relations and juvenile cases which invariably inundate legal aid offices elsewhere, but rather to enable the attorneys 'to focus directly and immediatelyon those fundamental flIIsstions which constitute the difference between barriada stagnation and barriada development.

Whereas many neighrorhood legal programs have been slow to gain acceptance by the poor, Asistencia Legal already has a substantial caseload. There have iiliOt yet been any landmark decisions, but the day-toassistance is baving the salutary effect of freeing barriadas from many of the restraints (and the accompanying despair) which heretofore bad made community action virtually impossible. Barriada councils and cooperatives have been organized.

Evictions have been prevented. Permits, licenses, and easements have been obtained to enable barriada committees to improve roads and to build libraries and community centers.

In a broad sense, the work of Asistencia Legalis directed toward the development of democratic local government in the barriadas. Low income areas, of Which the barriadas de emergencia are prime examples, invariably lack the policy- making influence which their populations would otherwise justify. In a political system where power is exercised at district, ward, and municipal levels, there is a ready-made framework within which even the most disadvantaged communities can wield grass roots power. However where, as in Panama, the governmental structure is unitary and highly centralized, such an outlet does Dot exist, and the voting power of any given community becomes infinitesimal when projected on the national plane. The result, aU too often, is overreliance on the national ministries and autonomous agencies, and a corresponding neglect of local potential. It is hoped that as the barriadas develop stable internal organizations which achieve some measure of success, the ground work will simultaneously be laid for the emergence of the barriadas as articulate bases of poUtical power. At best, with appropriate enabling legislation, the barriadas will become units of representative local government; at least, the experience of effective organization will eventuate in a strong, responsible 路barriada lobby.-

AGE OLD PROBLEM -LAND

THE greatest legal problem of the barriadas, and thus a majorchallenge to ouen and the legal services program, is the land situation. Wben the migrants first began to invade private lands, many owners attempted to have them ejected. But the presence of so many squatters made eviction a practical impoSSibility. Accordingly. the landQwners changed their tactics. They expressly pero:dtted the occupation of their lands, thus obviating .the possibility of the squatters' acquiring rights by prescription. As mentioned earlier, ,some barriadas have been purchased by the national government.

But more than a dozen are still large tenancies at will, often sprawling over as many as seven separate private tracts. Under these circumstances, lasting progress is impossible. In San Cristobal, the landowner's opposition prevents the electrification of the community. In Villa del Rey. local efforts to construct a sea wall are similarly blocked. The magnitude of the problem is retIected in the easeload of Asislencia Legal: at least 50 per cent of the clients seek help in matters of land tenture or land use.

In resplnse, the attorneys bave begun a systematic investigation of the status of the land in each of the barriadas, together with a comprehensive evaluation of all relevant statutes and administrative regulations.

They are also conducting a series of community education sessions, to explain roth the status quo and available alternatives. Negotiations are underway with several landowners in an attempt to obtain maximum voluntary cooperation, and discussions have begun with numerous governmental agencies, with a view to the formulation of a coordinated plan of action.

A partial solution may lie in the aequisition of easements of sufficient scope to permit necessary barriada improvements, but in the long run, this evades rather than solves the basic problem. Other possibilities are purchase and relocation. The latter, requiring the movement of thousands and the construction of entire new communities, would be very expensive. Purchase of the barriada land would likewise be costly because the present owners see the barriadas as sites for future commercial ventures, and consequently are willing to sell only at exorbitant prices. The owner of a tractbavingan assessed value of $800 will sell for no less than $45,000. The remaining alternative is expropriation, which may ultimately prove to be the only practicably solution.

NEXT STEP- TO GRASP

WHATEVER the outcome, it will require many months of planning, discussion, and advocacy. But to focus too intensely on specific problems is to ignore the tun impa.et onegal services in Panama. The organization of Asisteneia Legal bas united public and private groups in a recognition that the legal system is not the exclusive province of the

Asistene1a Legal has developed Its own dynamIcs of expansion. Arrangements are nearly complete for the estabHBbment ot a clerk-ship program whereby law students will work under the supervision of the barriada attorneys; and the organized bar. while not an omctal participant, looks with favor 00 the program and is exploring means to enlarge its scope.

In the final analysis, the success of Asistencia L ega! will not be measured by its easeload, Its won-lost record. nor even by the phys1cal transformation of the barriadas de emergencia. The only valid test of this undertaking is its ability to make "equality before the laW- a reaUtyas well as a slogan.

When a man, becanse be is poor, can neither initiate nor respond to litigation. be is denied access not only totbe courts, oot ultimately to every fair and orderly avenue to dignity. progress, and a meaningful role in society. As one observer has correctly stated; '1& LatiA A Menea, aevelopmeat depeads aot

011

mOM" but to a UBique degree os spirit. JUlllt'tce au a S6Bse 0/ participatioa ia tile fiJe 01 OS6'S coatnJ are flS86rdial precomiiti0S8 to any materisl progress.'

-0Judged in these terms.AsistenciaLegalisasueeess - not because of what it has done or will do - but because of what it is. We may call it -the extension of legal services to the poor.. But to thousands of Panamanians It is nothing less than justice in the barriadas.

Tire staff oj BARRIADA legal services program: (1. to r.) Oscar E. CeviUe, Jr., Robert S. Barker, Raul A. Lape2.

Bob Batker graduated from Duquesn.e Law Sc100l ill 1166 and was admitted to tAe Bar tAat same 'IIear.

Sillce joillillfl tile Peace Corps ia 1161, Bob 14s been seM,", as Advisor to t1t.e legal department .of tAe Pa7lllfllallia" O/!'tce 01 Urbaa Comm","_ Deve lopmetat.

p~

Twelve

By fRANK CARR

Annual Income

P.A.D. Egan Chapter

- c07ltinaed /TO'III '{Jt10e 1 Z

Another thing which comllietely puzzles me is the notion-held by the voice of the right, RonaldReaganthat an individual magically achieves human dignity and worth by his attainment of gainful employment, as if human dignity were a commodity which could be purchased at any factory or department store.

Individuals, I believe, possess an inherent dignity solely because of their status as rational human beings.

Tbis basic dignity is demeaned and destroyed by their failure to even Uve at the bare, subsistence level. It is far more destructive of human dignity to passively and disinterestedly stand by and watc:h individuals live in squalor; to permit 10 million Americans to go to bed each night starving; to allow individuals to reside in dwellings not fit for human habitation. Should we not sbare some of our wealth with them, sacrifice some of our luxuries for their bare necesslties, allow them to live the life to wblch EVERY AMERICAN is titled?

Not A Utopia

MANY will be "turned off'" by the socialistic nature of such a program. Let me remind these indtiiduals that I do not regard this as a panacea for all of society's ailments nor do I regard it as the ultimate utopia. I regard it instead as a viable alternative to the present system which turns a deaf ear on the needs of the poor. I regard it as a step in the right direction after too many years of Intractable immobility. I see nothing sacred and inviolate aoout the concept of capitalism; I see nothing sacrilegious and sinister aoout borrowing a concept or principle from a different strand or philosophy of government and making it apart of your own system of government. I see nothing wrong with admitting our failure to adequately achieve justice and equality for aU under our present system or of attempting to remedy past unjustices and inequities through the use of an admittedly sociaUstic principle. Our concern sho.uld be focusedon maintaining and insuring freedom, 1ustice, and equality for all citizens of this country, and not on condemning a vital and imaginative proposal merely because it does not possess the proper, white, middle-class label. It such a program can succeed in guaranteeing to -the poor the rights to wmcn mey nave long been deprived, our only concern should be its Immediate implementation and not the childish and

.. Service to the student, the law school and the profession- is the spirit that distinguishes Phi Alpha Delta from any other law fraternity. Since its organization in 1902, PAD has provided the American Bar Association and the American people with many outstanding and distinguished leaders, numbering among them are: Vice Presidents Richard Nixon and Allen W. Barclay and American Bar Association Presidents John D. Randall, David F. Maxwell, and Robert G. Storey. Today, aware of the increasing demand for leaders, PAD has expanded to 106 active chapters with a membership in excess of 54,000.

PAD stressed professional and social activities that are designed to create a conscientious and effective lawyer of the future. PAD provides services to the law student that include: nationalfraternityaffiUation, student loans, scholarships, job prePlration and job placement. Recognizing the need for social functions, PAD at Duquesne Law School provides for its members at various times informal parties, a Christmas party, and a formal graduation banquet PAD also stresses assistance to the law school.

During the past years, PAD has expanded its aid to include: an orientation program for first year law students, a faculty-student directory, a regi.stration book exchange and a distinguished speaker series. morbid fear of the word socialism. For, as aptly explained by the Kerner Commission, ·only a greatly enlarged commitment to n a ti 0 n a 1 actioncompassionate, masSive, sustained, and backed by the will and resources of that most powerful and the richest nation on this earth-can shape a future that is compatible with the historic ideals of American society. The major need is to generate new will- IDe will to tax ourselves to the extent necessary to meet the vital needs of the nation.· It is felt that the Guaranteed Annual Income Proposal fulfills all the requisites of the above admonition, and for this reason, it is urged that utmost consideration be given to this proposal as an antidote to the social ills of poverty and the means for shaping a better future for this society.

Another function of PAD is to provide services to the legal profession. As a law student and a member of PAD, one will not have the opportunity to u.tilize everJOne of these services. However, upon entering the legal profession you will beeome aware of their importance. PAD offers such services as: insurance programs, admission before various courts, a PAD directory listing each alumni members, "The Reporter- - a fraternity publication - and job placement.

As a national law fraternity, PAD has provided its members with the opportunity to participate in District and National Conventions. These conventions are a challenging and valuable experience for all that attend.

During the Plst summer, Justice Charles W. Isaly was our chapter delegate to tbe PAD Convention held in Washington, D.C. Justice lsaly had the opportunity to serve on various committees for the furtherance of congressional staff assistance programs, judicial clerkship programs, law student European exchange programs, and a national fraternity brief on a more equitable system of draft selection for law students.

One of the biggest issues at the convention was the proposal to amend the fraternity constitution so as to permit female members. It was debated at great length, a vote was taken and the proJX)sal v."aS defeated by a narrow margin. Egan Chapter voted in favor of the proJX)sal. It appears, however, that this DTfIOO;Sl1 will pass at a future convention.

According to the PAD Egan Chapter by-laws, male, who is a student in actual attendance and in standing at the Duquesne UniverSity School of Law, is eligible for membership. Anyone interested in aequiring further information concerning PAD may contact any of its members.

For the 1968-1969 school year, the officers of PAD Egan Chapter are: Justice Charles 1saly, Vice Justice Lee Mescolotto, Clerk Frank Carr, Treasurer ,Joseph Talarico, and Marshal David McSorley. The faculty advisor of PAD Egan Chapter is Associate De a n Walter RafaDm.

'IN FORMA nON HEADQUARTERS FOR THE NA TlON'

Market Research Institute Trataed, Uniformed Interviewers

CoInpliln en ts

• Surveys

• Consumer Research

AL BERK

• Sales Consultants

682-8835 =======

• •

Classic Clothes

- - - - - - - - - ROCCO P. PANUCCI CO.-

FIFTH AVE. AT WASHINGTON ST.

FIFTH AVE.

DIAMONDS

OPPOSITE

OIATHAM CENTER

FINE STERLING SILVER

1--------- 261-6750

261.8816..;:;===:.... 391·0651 JURIS

Onober. 1968

FINE JEWELRY

Page Thinccn

A Civilian Perspective - coatiall.ed from page 5

mind about the war. One might not realize the eonvulsive nature of the American scene today - that war has split the country in half and has forced resignation of the President. All of the contusion. eoncern, division, and drama, notably absent from the Republican convention, were notably present at the Democratic Convention. After two and a half hours of debate the vote was taken and the so-called-doveslost with an approximate division of the vote. The 'rote concluded with 60 per cent in favor of the administration plank and 40 per cent opposed to the plank. The pro-administration forces. the newsmen ,and many observers proclaimed that the McCarthy coalition lost. But they are wrong. The so-called ooves won. The plank was not changed but the closeness of the vote assures a new war policy.

Wben you consider how most delegates are chosen, through control by the organization (I once heard a famous politician say delegates aren't people). it is absolutely amazing the vote could be so close. You _d, in fact, committed organizational politicians saying to their bosses they could not go with the administration on this one. This, by itself, is revolutionary. No, the peace people did not lose on the Vietnam plank, they won.

There are those partisans of McCarthy and the other candidates who criticize Chairman Albert and Platform chairman Boggs as being dictorial. Viewed from the gallery it appeared Mr. Albert was doing ~is best to be fair. He sometimes made the wrong judgment, such as attempting to cut short the spontaneous demonstration for Senator Robert KelUledy, and oft times appeared to be ineffectual.

Perhaps it was due to his phYSical condition - he soon became hoarse and only recently recuperated from a heart attack. I got the distinct impression, however, that those who controlled the convention were so determined that the party be united afterwards that they tried to bend over backwards to be fair. They had two problems: I-the invisible yet dominant hand of President Johnson and 2-their apparent lack of understanding of the forces not at work in our society.

One Crucial Failure

THE Democratic Party is a combination of labor, the South, Negroes, the intellectuals, and the urban communities. This is what gives the democrats their vitality and their promise. It is the richness and the dIversity of America. As the party in power, the Democrats have had one crucial failing.

S. YANKS CO. 908 5th Ave. Pittsburgh 19, Po. 281·4695

Discount Prices To AU on .IVante Brands GOLF - TENNIS FISHING - HUNTING JACKETS SWEATERS

TROPHYS A WARD PLAQUES STORE HOURS MONDA Y & THURSDAY ..• 9 to 9 OTHER DAYS ... 9-6

A failure to develop and expand the opportunities for .tbe orderly transitioo of political power. By tllat it Is meant a fallure to develop yo" pE:lOple. With the exception of the Kennedy's, who had the talent and the money to take political power, there has been a death of able young men clearly identUied as comers. Too often the democrats have decided to reward party loyalty to the exclusion of deserving young people. By contrast as the party out of power the Republicans have been free to experiment and put forth the best candidate possible. It is interesting to note Humphrey is criticized as not being relevant to today's problems but the coalition he put together in Minnesota has done more to get young people involved in politics and in positions of power than any other local Democratic party.

I'm a Democrat, I happen to think that even after the disorder which occurred at the convention, the Democrats are the best party to govern this country.

Before Bobby Kennedy died I had decided to devote such talents as I have to his candidacy. Although I had been approached by some of the Humphrey people, and felt Humphrey would undoubtedly win the nomination, I decided I would rather lose with Kennedy than win with Humphrey. McCarthy I never seriously considered. His appeal was obviously limited to middle class liberal types. Poor people and black people treated him with indifference and suspicion. The pettiness of his attacks on Bobby Kennedy before Kennedy's death made me wonder about him as a

man.

Humphrey is one of the most creative men in public life, His career in the Senate demonstrates this most clearly. Even as Vice-President. Humphrey demonstrated his concern with all people. He was tbe first national pJUtic1an to heed Witney Young's call for a domes tie Marshall Plan. He articulately explained the frustrations and hostilities of ghetto residents. His only problem is Lyndon Johnson.

Johnson made him Vice-President, helped him to establish credibility in the financial circles, and. in general, helped him to move from the fringe to the society. mainstream of power in American Unfortunately. in so doing, Johnson also cansed damage to that one thing a man needs to governcredibility.

WHA T I saw in Chicago was not the death of the Democratic Party. hut the Last Hurrah of an old generation. That generation whicb was charged with fulfilling the promises of Roosevelt. That generation which first put this country into the mainstream of 20th Century thought. From Wilson through Johnson, they have done their job well. Johnson was, in fact, a great majority leader, roth in the Senate and in the White House. His charge was to complete the work of Roosevelt. President Kennedy was the voice of the future. Most certainly he would not have had as successful a legislative program as Johnson, hut just as certainly, he, much more than President Johnson, would have been able to mirror the goals and aspiratic,ns of this generation. Similarly, Bobby Kennedy understood today, Now Teddy represents the only opportunity we have in this country for the orderly change of power - from the old generation to the new generation.

The Last Hurrab

I am confident if Humphrey is elected he will place young people into pJsitions of pJwer and facilitate the movement from the old generation to the new. I am equally confident that he will have difficulty because, at present, he bas not won the confidence of the American people. This confidence is absolutely essential because it gives to the leader a margin or error. This margin is what President Johnson always lacked. If Nixon is elected, the destructive forces at work in our society will not abate. They will have as a target a man similar to Johnson. A man of proven bad judgment. Nixon's response to the confusing and complex forces in our society will be to do wbathe believes the overwhelming majority of the people want him to do - repress the vocal and critical groups inAmerica. This will continue the alienation and make it more likely if not possible that, if cleared. he will be a one term presIdent.

The Democratic party did IUlt die in Chicago. The torch which passed to a new generation and was so grossly wrenched from their hand, with the death of President Kennedy, was passed back to that new

generation. The only problem is Uiat many of the old line leaders of the party bave not :vet reoopized this fact.

rf/7&r !»~JAt?'y;, ddJ

G/f:..H/"~~~/ur

fo:r //&#/(;/4AAPNNCeJ-' t?~44J J'ee/~ 6/#~~

aJ;cV'~ tZtf/

/k Ik"'" NIIfI/6~

d/~~c$1Zr Q/f;~~,I4" /k

~dkd&J ~~ JCk6//~'/7##~ /~e-k;lt:be/"/#~.(/#,

(i7;l;. d/#4-//~ /~ede#/e/{r d:r

d/~M- q;/il/j/PII/C;!

/k a/ke/t?C4A c$4/ ~t?C~a/~

/#hjr

r:fjj;le~e"eA'

4/6// C&Nf~6/N~eJr

k'r /;,r 4

(C~~&/-~-?$£V / ( ~ //;iz/H/

G/lkZ#/(r... ~4~

r/

~O//

/~~;e

NIIfI~~/H~~

.

Pagc Fourtccn

THE FRESHMAN RECEPTION: law School Welcomes New Students As the culmination of a day of Imrried 000k buying most first year day and nlgbt students attended a multi-purpose orientation reception. The evening session In Mills Auditorium, sponsored by Phi Alpha Delta,. attempted to provide newly matriculating students with additional information regarding tasic school pollcy. faculty, and organizations. lDtroduetIons and remarks of many program lumtnaries tended to extend far beyond the number of Items announeed on a printed guide of activities.

and registration

Content from speaker to speaker did oot vary markedly. Most confined their remarks to Initial 'Words of welcome and congratulations and a pu1ing exhortation towards bard work and achievement. In one way or another all emphasized the bard truth of the 00"" metaphoric cUcbe that -the law Is a jealous mlstress.- In transla.tiDg the metlip1lor fDto concrete advice Dean Manderino warned the first year class that deSpite their competent entrance quaIiflcations many. without dUigent study, could become a mere statistic In next year's attrition total.

Warnings of bard work ahead, however, represented only a minor portion of the Dean's remarks. He and others such as Professor Davenport spoke of the discipline and profession of law in gloWing terms of creative cballenge and opportunity. WhDe their remarks could only be general they at least conveyed a sense of devotion to and passion for their discipline.

During the introduction of faeulty and their wives the uncom mon sense of community operating within the law school became more readily apparent. Most first year students could observe an openness and informality not only on the platform but also In individual conversation with faculty. Doubts as to faculty avallabllty to students In most cases were quickly assuaged.

Next to refreshments first year students most appreciated brevity in a speaker's remarks. Mr. Walter Laake, the Executive Vice-President of the Student Bar Association for the Third Circuit. and Professor Ronald Davenport .eceived the most sustained applause for their abbreviated appearances at the podium. Only the announcement of national recognition awarded JURIS elicited a greater crowd reaction.

New Faculty Members Join Duquesne Low School

Student Bar Column

by ED ARES

JOining the faculty this year are three highly qualified instructors Whose enlightened endeavors will Im~rt to the student body even greater challenges.

1be amiable RAYMOND SEKULA, a Duquesne graduate, returns to Duquesne a short three years after baving completed his undergraduate and legal studies. Mr. Sekula received a Ma::.iers of Law in the area of taxation at the University of Virginia where he bad the dJsttnetion of receiving the only teaching tenowsbip awarded by that UniverSity to an American student. BesideS having been formerly associated with the firm of Dickie, M.cCamey and Chilcote, Mr. Selrula bas also served as house counsel for the West Penn Power Co. With Ilis Joining the roll-time taeu1ty in the areas of corporations and evidence, IIr. Sekula ruUllls a long-time ambition to teach.

H. DAVID ROTHMAN comes to Duquesne law school as a part-time member of the faculty. He is presently associated with the firm of Lipsitz and Nassau.

Mr. Rothman Is a graduate of Georgetown law School and completed his ttndergraduate work at the University of Pittsburgh. Wb1le acquiring much insight into the field of law, Mr. Rothman has served not only as law clerk to several Judges and as a member of the Public Defender's office, but he bas also aeted as director of the Neighborhood Legal Services.

Mr. Rothman feels that -Law schools should concentrate on those areas which deepen the students' perspective of the law, - and he intends to follow tbat principle in his evening Torts class.

RICHARD S. OORFZAUN, Who cut an unmistakable image last year as EdItor of the Duquesne Law Review, returns this year to the other side of the podium in order to assist In the legal research and writing course. Mr. Dorfzann. in describing his feelings on joining the faculty as a ~rttime memher, commented that it was -great for one's ego.To all of the new faculty members, JURIS extends a most cordial welcome.

Learn to Fly

s.b.o. president

A Uttle more than a year ago. a Law School Newsmagazine breathed Ufe at Duquesne University School of Law. The skeptics proelalmed inevitable fallure. But the end product was very different from this anticipated result. The magazine was far better qu.antitatively and qIlalititatively than anyone bad envisioned. Why? Because the first editorial ooard decided that if they were going to undertake this proJect they would either do a superb job or no Job at all. The result was the nationally recognized award winning JURIS. The present members of the Student Bar Assoctation Executive Board strongly realize the importance and value of tIlis pubUcation and agree with its pbtlosopby.

Now to our students: Our BBA was formed five a~ and we are now attempting to make It a far better one than anyone bad envisioned. WE shall Uve up to its full potential. WE shall Uve up to its functions but they will be worthy of Duquesne University School of Law. WE are attempting to remove obstacles that ougbt not to be in the student's way. WE sball also belp him get more than a purely academic education. WE will present blm with a cbannel of communication - to the faculty. administration, and to the entire legal community.

Every student at Duquesne comprises the 8M and the SM is functioning to permit him to take advantage of these opportunities. But, nothing can be accomplished on a plane that win continue into the future unless a system ls estabUsbed withln whlcn WE can operate. years

WE bave devised sueb a system but WE need your approval- that all ean abide by it.

The Executive Board bas spent many hours preparing a constitution that will enable the S.B.A. to fUnction in a manner responsive to the student 'OOdy.

WE have deliberated and weighed every sub-section, every sentence, and every word. WE intend it to be tbe roundation of our very existence, upon which the S.B.A. will either stand or fall. At all times WE have had the best interests of the La'IV School and the needs of tbe law student in mind.

Trtte, you may not agree with every section. In fact, WE were not unanimous on aU aspects. But in no facet of Ufe can there be universal accord. The SSA is no exception. WE only ask that when you, the SSA, cast your vote on the question of ratification, you will consider the acceptability of the entire proposal as a fundamental modus operandi.

PHILLIPS AVIATION Alfeiheny County Airport, West Mimin, Pa. 15122

INC.

WE made no compromise based upon the practlbility of making it easier to have this proposal ratified.

WE did not appease any specific interest group.

This instrument, WE felt, enables the SSA to better speak for you regardless of your status at our law school. It enables the SSA to better express the goals of each and every member, answer to his needs, and function accordingly together with the administration to build a living institution that will produce educated, thinking individuals.

AIRCHARTER SERVICE AIR FREIGHT SERVICE

FAA AND VA APPROVED FLIGHT SCHOOL

JURIS

October, 1968

The executive board urges you to cast your vote logically and sincerely that 8SA may proceed to operate under a united 1x:ldy of memhers.

Judge William F. Cercone, Com7IWn Pleas Court, lleg "enll Coontl/, is a candidate for Judge of tke r COUTt of Pennsylvania in the coming NobeT election. native oj Allegheny CountJJ, Judoe Cercone eltd stowe Township public schools, the Univerof Pittsburgh where he earned Ids B.A. degree after fOI/,T lIears of 1Li.g/l.t school was graduated Duques7Ul Law School.

After graduation Judge Cercone served witk the .8. Nllvl/ during World War 11. He has si1/,ce served Assistant District Attor1/,er 0/ Allegkenll COU1lt1/; cia I Assistant United states Attornell General: cial Deputll Attornell Ge'lleral 0/ Pennsylvania.

III 1956, 1&e was appointed to the Court of Common !eM 0/ Allegheny Coontl/ and ill 1957 was endorsed lectioa by the Alleg4enll Bar Association. In he was endorsed b1l both tke Democratic and ttblican parties fOT re-election.

Page fitia:n On Sept. 18, 1968 tAe Pnnsrlva»ia Bar Associati01l'S judiciary cQlilmittee 'ra~d Judge Cercone as 'we U qualified' lOT tie comiag e!ecti01l. Tke commit- . tee said its recommemiation res1&Ued /Tom all, (!;l;t6asive evaluation of Ais jndicial per/OTmance durmg !wleve ,ears on the Com7IWIl Pleas beneA and ill Ids earlier record as all AttomBf/. T1r.e bar Jzs8oeiation committee is MIl·politteal wit. /our 01 its members Republican and three Democrats. Judge Cercooe's opponent las received tile same rati1lQ • Judge Cercone luis been active in curbi1lQ the sale of obscene liteTat'lU'e t/l,1ougAout tAe state wAtch gave impetus to legis lation making tAs sale or distrioutioll 0/ ollsce"e magazi1l.es ill Pellnslllvania a felony.

-0-

Judge Cercone bas acquired unfque quaJi.f:ica.tioos from serving first as an attorney and then as Judge.

He has been active in a number of murder trials in the capu:ity of Assistant District Attorney. His prosecution and conviction of such notables as the number one Communist leader in Pennsylvania Steve Nelson - makes Judge Cercone's ohsenatkms on the current United states Supreme Court decisions in the area of Criminal Law especWly interesting.

Judge Cercone comments that, "the Supreme Court has tried to clarity and refine the rights that the citizen has always bad but were not explicit before." .. It is not unusual. .. be continues, .. to guarantee cO'IlGSel; it is not unusual to advise a man of his COQStitutional rights. These recent decisions Uke Escebedo should have been handed down 100 years ago. We do rot have to be afraid to give a man his rights for he was guaranteed these rights since the founding fathers drafted the Constitution in 178'1."

of the awards Judge Cerco7Ul has received

sept. 16, 1956 Honored by the American Legion for his fight against Communism.

Ih~4

famed, R.

May 4, 1957 Received tke Loyalty Award of tke /igkt against Communism.

~~

June 2, 1957 Received the 'Man of the Year' Award 0/ the Catholic WaT Veterans for his rele'lltless light agaiast Commuaism.

Q-The argument has been made, Judge Cercone. that these recent decisions are actually fa.\'Oring the criminal and bindering the effectiveness of the police officer. How do you view these decisions?

March, 1960 The Academy 0/ Trial Lawyers honored Judge Cercone '/or ach i.eving unde lalled justice through sllmpath.etic understanding, distinguis h.ed a bilitll, and tireless dedica tion to the eter1lal pri1/,ciples 0/ right',

A- The decisions do affect Investigatory pr(lC~ad1l~ but not to the degree of affecting law What we do need is better trained, better and better educated policemen.

The problem is not with the Supreme Court but with the people, with the trend of our soeiety.

We must realize that there is Ii for certain laws, certain rules and regulations, and without these, anarchy only. will be the result.

The people must realize and bear the resJX)usibiUty of life,

August 21, 1965 HonOTea wit" a life me mbership to the Disabled American Veterans.

Sept. 21, 1967 Honored 0$ 'Civic SlJOTtsman for 1967' 0'11 the AllegAenll COUllt1/ Civic Sportsmen's Association /tl "is outs tanding contributioa to the YoutA 0/ Allegheny Cooatl/ and tAe Commonwealth 0/ Penlls'/ltvarda.

Sept. 28, 1961 The Pittsburgh Baseball Employes Uni01l Local No. 508 gave a testimonial aad award for his tireless efforts in the figAt against obscene literature and his endeavors in belIalf 0/ tke 1I0ung people 0/ AUegAen'll Count1/ and the staUt of Pennsylvania.

q~

Q-Would you distinguish the different emotional experiences you have encountered as an Attorney and then as a Judge?

A-An attorney is an advocate whereas a Judge must remain, at aU times, impartial. Attorney's become so involved in a case that, at times, they fail to see the reason for a particular ruling.

Judge William F. Cercone

I have been sitting as a Judge in Common Pleas Court for 12 years and have beard every type of case from murder to emminent domain and there remains, at all times, a great satisfaction in helplilg to resolve the problems 01 the community-for without the Court there would be endless turmoil. The Courts are the fundamental basis for the stability and orderliness of state or nation.

Judge Cercone commented up:m the recent discussions and debates over the appointment of Justice Abe Fortas to the Chief Justice position.

He regrets the Fortas situation because it hurts the entire image of .the Supreme Court. He feels that Congress should either appoint Fortas or reject his appointment without casting aspersion on him.

JURIS is proud to congratulate Judge Cercone on his fine record of devotion to both the law community and society and wishes him continued success in the future.

JURIS

October, 1%8

Page Sixtl:ftl

Alumni Record L ··I1--wILUAM F. OONATELLI •.. is presently located in the Grant Building, Pittsburgh.

Or1g1nally from the Bloomfield area of Pittsburgh, Mr. Donatelli attended the ntgbt school of Duquesne to receive roth bis undergraduate degree (B.A. '3'7) and his Jaw degree in 1941.

From 193'7 to 1941 Mr. Donatent served as Law .

Librarian and was Executive Secretary of the Law ~hool from 1937-1940.

He has been active roth in the law commtmity, servtng on various Bar ASSOCiation committees, as well as participating In numerous fraternal organizations.

Mr. Donatelli Is married, has three children and presently resides In Allison Park.

'"

By JAMES R. FARLEY

L t6'7 - STANLEY A. WlNIKOFF ••• was recently sworn In as a . Deputy Attorney General with the Pennsylvania State Justice Department.

After graduation, Mr. WinDroff attained his I!mployment with this department through the Honors graduate program.

After graduation. Mr. DonatellI spent foul' years tn the Air Foree. In 1947, be became associated with the firm of Raybauer, Vandervort, Royton, Robb aDd Lenol'd. Since 1951, general praet1ee with emphasis in Orphan's Court work has been the specialization of MI'. Donatelli.

'"

L '38 - KENNETH P. CHRISTMAN ••• is currently sening with the Judiciary Committee of the Allegbeny County Bar ASSOCiation.

'"

'"

L '43 - RON. EARL S. KEIM ••• is presently serving on tile Common Pleas Court. Westmoreland County. Judge Keim was appointed to the county bencb by Governor Leader on Mareh 31, 1958 and s1l'bsequently was elected to a ten year term In 1959.

In 1962 Governor Lawrence aRDinted Judge Keim to serve out the term of Justiee Curtis Bok on the Pennsylvania Sup l' erne Court.

He Is married to the former Miriam Gross of Munhall, Penna. They and their daughter, AlliSOn, reside in Camp Hills. Pennsylvania.

'"

'"

'"

'"

L t33_ PHILIP R. MeLAUGHLIN ••• has a uniQ.ue association with Duquesne in that he Is a member of the first four-year night scbool class to be graduated from this Law SchoOl. Since that time be bas actively and most competently served the profession and tbe community.

He is a partner in the firm of CAMPBELL, THOMAS, and BURKE. and presently serves as Solieitor for roth Crescent Townsblp and the Coraopolis School District. Mr. MeLauglllin Is cosoliCitor for the Creswell Helgbts Joint Authority and the Crescent Heights Munieipal Authority. In addition to bis professional activities. Mr. MeLaugblin is Secretary of the Borou.gb Plaming Commission. '"

it

..

'"

L '67 - JOHN L. GEDtD ••• has recently changed positions from law clerk for Judge Herbert P. Sorg of the United States DiStrict Court to an associate with the firm of Livingston, Miller and Haywood loeated in the new law building. the Colonial, at the eo mer of Second and Ross Streets In Pittsburgh.

Mr. Gedid is marrIed to the former Carol Valkanas of Braddock, Penna. The Gedids' presently reside in Forest Hills.

Juris

A native of Youngwood.

Pennsylvania. Judge Keirn receiVed his undergraduate degree from Duquesne In 1936 and was presented with his law degree in 1943.

After graduation from law scbooI. and 36 months in the NaV'f, Judge Keim returned to Westmoreland County where he engaged In private practice from 1945 to 1950. In 1950, he was appointed to the pos1tion of Assistant District Attorney: an office which he beld wtU 1958. During this period Judge Keirn was anJD called to active duty and sened 18 months in the Korean Conflict.

Duquesne University School of Law BOO Forbes Av••• Pittshurgh, Pennsylvania 15219

Mr. Christman received his B.A. degree fro m Duquesne University in 1934 and then attended the nigbt division of Duquesne his Law School, r law degree in 1 graduation from law school he bas remained active in the affairs of the University. In addition to serving on the Law Banquet Committee, he is also a De an' s Associate and serves on the com mfttee for the Duquesne University Ten n i s Tournament.

Besides Ills involvement in the law community and devotion of time and energies to the University, Afr. Christman remains an active player in squash and tennis.

Mr. Christman ls also active in the Naval Reserve holding the rank of Lieut. Commander.

Mr. Christman's law offices are located in the Grant BUilding.

JURIS takes this optX)rtunity to thank Mr. Chrlstman for hls many services to the University and especIally for his efforts on the Annual Law Day Alumni Banquet. .. ,.,

'"

'"

L t56 - GUSTAVE DIAMOND .•• Mr. Diamond, like so many of Duquesne Alumni, attended law school at night in the old Fitzsimmons building.

During hls fourth year at Duquesne he served as

a law clerk with Judge Rabe F. Marsh Jr. of the United States Distr iet Court in Pittsburgb.

Since becoming United States Attorney in 1963, Mr. DIamond has participated in many of the more publicized cases in the PIttsburgh area. His most recent ease involved the Indictment and conv1etion of the notorious ·Commuter Bandit.-

In addition to thls position he senes on the Board of Trustees of the Federal Executive Association. the Board of Trustees of the Association of Lawyers in Criminal Courts of Allegheny County and is a member of the Judicial Conference of the Third Circuit.

Originally. trom Burgettstown, Mr. Diamond has lived in the Pittsburgh area since beginning la\\ school in 1952. He, his wife and daughter presently reside in McMurray, Penna.

Non - Profit OrgallintiOll:

U. S. POSTAGE

PAID PITTSBURGH, PA. Permit No, 390

Judge Keirn was elected to the otnce of DIstrict Attorney In January of 1958 and beld that office until his appointment to the Common Pleas bench In March, 1958.

POSTAGE REQUIRED FOR THIS MAILING MATTER

lodge Keirn has always been aetlve roth In the legal community and in the social community.

• • • •

JURIS