Juris Magazine- October, 1969

J

路 UrI s

DUQUESNE UNIVE;lSITY.

PITTSBURGH, PA.

Duquesne Law

Ne.!s~~:~Zjne

October, 1969 Vol. 3 No.1

You Breathe This! ,

.

- page 8.

Page Two

EDITORIAL--

Juris Changes, Demands, and Negotiations THE PROCEDURES for change within institutions are somehow slow and circuitous, seemingly designed to produce acute frustration in any individual dedicated enough to pursue such a route. Duquesne Law School is an exception, however.

For all practical purposes, as far as students are concerned, there are no procedures at alL The school drifts from crisis to crisis without any organized method for students to present legitimate grievances and to pursue meaningful ideas. Consequently the whole school suffers. A case in point is last year's senior comprehensive exams. The faculty decided the penalties for failing students after the exams were given and graded. The students considered the action of the faculty to be "ex post facto" and violative of what ever due process rights students possess.

The issue was finally resolved after a belated student-faculty meeting.

That situation and others which might arise could be eliminated if methods were devised to formulate school policy and proc~dure with students prior to the time of possible application.

Student-faculty committees, meeting regularly, offer the best hope of solving the problem. To achieve this two steps must be taken immediately.

L Now that the students have passed a Student Bar Association Constitution, the student representatives should designate various students from all the classes to meet with the Faculty Committees.

Editor-ln·Chl"f ROBERT W. GOEHRING

Business Manager

Feat"•• Etlltol

ALBERT MAIER

FRANK SMIZIK

Alumni Editor STEPHEN GOLDRING

News Editor JOHN HOVAN

G.aphlc Art. Editor HARVEY EGER

Advertlslnll Manager RICHARD CHAMPNEY

Circulation Manager

Corresponding Editor

ANTHONY POPECK

MATTHEW VON S'-AUOACH

Staff Members, CLAUDE CARSON, FRANK COLLINS, JOHN GA LLfHAO, ROBERT JOSEP~ STEVE MARCINCIN. DAN PALLEGRINI, LARRY PAPER, BRIAN T. STANNY. anti ROBERT WAGER. Advisors: JOHNJ.SCIULLOand NICHOLASJ. DEMAS

2. The faculty should permit students, who are properly appointed by the student body, to sit on various committees. ,Students could then help to shape such areas as curriculum, grading, and school regulations and procedures.

.,.

JURIS i. " pubU cation of the Duque sne University Schoo! of L,l!I;w s

To avoid another year of moving from crisis to crisis, the above steps should be initiated as soon as possible. All this paper can do is suggest. The rest is up to the students faculty, and the administration. Is Duquesne Law School really interested in order ly change?

R. W.G. l

Correspondence may be addressed to JURIS, School of La .....

600 Forb... Aveflue, Pittsb ..... gh. Pennsylvania. 15219.

Teleohone 471-4600. Ext. 311.

Copyright

0

Duquesne University. 196<1

...,.

Printed at NEWS COMP 1430

JURIS

October, 1969

P~nn Av~nue.

Pgh .• Pa

15221

Paae Tbree

Politics and The Supreme Court

every interest group in the country. and decided it was time to appoint a committee.

f(1HE SUMMER Whitehouse in San Clemente, I on August 18th, had more press visitors than usual. Newsmen who had followed the President from Washington, had hurriedly changed from their bermudas, ban-Ions and golf spikes, to yacbting shoes, blue blazers and note pads. The reception room was overflowing when the President's public relations man, Ron Zeigler. announced to those present that former Justice Abe Fortas's seat on the high court had been filled, The President had nominated Clement Furman Haynesworth, a federal district court judge,

The selection committee was bi-partisan 4Ild consisted of J. Edgar Hoover, General Lewis Hershey, Mayor Richard Daley and Max Rafferty. Needless to say the committee was looking for a judge who hated communist party members. and also draft evaders and felt that all militant college students should be put in concentration camps. It was difficult to find such a perfect candidate outside of BUoxi, Mississippi, so the committee decided to compromise.

Even President Nixon was discouraged when his committee decided on General Curtiss LeMay. What was Nixon to do next? He did what every President has done since the beginning of the appointments themselves, he picked a man who WQUid be best for bim politically.

-Let me make one thing clear,- be told his cabinet members. -I have to appoint someone who will help me Win Uie election in 1m, That's what this whole business is about anyway. I was elected because I stand for law and order, J represent the farmer and the big businessman, the real American people. To insure my election in ''12, 1 don't need an Eastern Law School llberal or to continue the 'Jewisb what 1 need is someone who will get me the southern states away from George Wallace, Of course, I ean"'t offend too many in the IlOrth because 1 stUl bve some electoral votes there.-

The reaction was mixed, Black leaders, labor officials and northern liberals were immediately unhappy, while Southern senators and congressmen were grinning like cheshires, Those who were upset with the nomination questioned not only the President's intentions, but also the entire process of nominating supreme court Justices, They would be even more upset if they had known the full story behind the nomination; the backstage politicking that Zeigler failed to mention in his news release. The entire truth was not known until recently.

The inside story began a few months earlier while President Nixon was on the golf course with his daughter, Julie, his son-in-laW David, and Efrem No-guts, the President's domestic advisor. The golf cart phone flashed red, white and blue, meaning there was a call from a southern politician. The president flashed his apple-pie smile at the secret serviceman caddy, blessed all motherhood, picked up a "gimme· eight foot putt, and then answered the phone, "Howdee Dick! Sorry to lDterrupt you all's golf game, but it's a big emergency,· The President immediately recognized the voice of the distinguished Senator from South Carolina, Strom ThUrmond.

-Let me make one thing perfectly clear, Strom old buddy, I'm having from the conservative point of view a bad round, but looking at it from the liberal point of view not too bad, so I don't mind being interrupted, Besides, as you know, and I have explained it to the American people many times, 1 enloy hearing from my southern friends,-Well thank ya, Dick, but the reason that I called you all was to tell ya that my beautiful wife and I are havin' a little shindig on Saturday night, and we'all would :le mighty pleased to have the pleasure of your company,· -Why of course, Strom. Pat, Julie, David, Triciaand our seven secret servicemen would be pleased to accept your invitation. See you then.· That Satur~y night at the Thurmond plantation, sipping on Jack Daniels, the senator approached Mr. Nixon very subtly.

-You'all hear about that Abe Forms thing.-Let me make one tbing clear, Strom, I may or may not have heard,-Well I'm mighty pleased to see one of those pinko northern liberals get their commupance. They always point to us southerners as being corrupt.· -You shouldn't say that, strom. Some of my best friends are northern liberals. Why I only appointed Warren Burger on the advice of Roman Hruska and Gerry Ford.· -I didn't mean to upset you, but remember all that work I did for you during the campaign, and the six southern states that helped push you over the top, and don't forget I went to law school.-Let me make one thing clear Strom old buddy, I definitely feel those are sufficient qualifications, you

By Frank I. Smizik

did go to law school, you are an objective and wen qualified politician, but for some reason you have not gained the confidence and have inract alienated the NAACP, the ADA, the big city voter and anyone north of the Mason-Dixon line. Remember the first thing we learned in the back room on how to keep our popularity up? You have to do something that pleases nobody. but offends the least number of people.·Oh Trickie • , • uh • , • Dickie.· ·Yes. Pat?·Come dance with me and no more political chit chat. They're playing our song, , .Oh Promise Me,The distinguished southern Senator didn't approach the President personally after the discussion, but the seed was planted. These supporters of the Senator who had access to the President, such as Wilbur Mills, James Eastland, Sam Ervin and Russell Long however, did drop bints with the chief executive.

President Nixon had felt the first pressure, but it wasn't the last. After a hard day with the make-up man, the President was about to make a uationally televised announcement that he was going to Rumania.

While preparing, there was a call from his old friend Shirley Temple Black.

-Hello Mr, President, I understand that you are in the market for a supreme court justice.· ·Well ••• uh •• , yes, • ,"Don't you think it's about time for a woman to be appointed Mr, President? Don't forget the constitution doesn't specify that a lawyer has to be nominated,-I really don't tbink it's possible Shirley, but because you helped me and the Republican Party in California, I tbink you would be most qualified as a delegate to the United Nations. Let me appoint a committee on that and I'll get back to you later,The pressure was really starting to affect the chief executive. He received calls from members of

JURIS

October, 1969

A few days later the President told Ron Zeigler to

go ahead and make the announcement that Clement Furman Haynesworth from South Carolina, a middlewas the president's choice.

Immediately after the appointment of Haynesworth, polls were taken and the response was overwhelming.

An interview with a New Yorker was typical of the reaction received.

-I read the 'New York Daily News' on the appointment. Listen, President Nixon has every right to stack the court, after all basn't every other President done it, even Roosevelt.··or course, - answered the pollster. - but don't you think that the highest court in the land should be free trom political in-fighting.-Listen. if the conservatives don't paek the court the liberals will. What's the difference? Everyone knows that the judges are just politicians and are just as corrupt as anyone else.of~the-roader

-But madam It's the Supreme Court, •• -So what! HoW' can you have respect for a court that's packed by politicians?· -But •••1Similar polls taken elsewhere showed that the public was apathetic because they had lost confidence in the Supreme Court decisions. The polls showed that only 30 per cent of the people had a favorable opinion about the court, and many had no opinions.

Now that the real story bas finally been told it is doubtful whether the truth will bring any changes in the nominating process. The Supreme Court appointments have been traditionally political appointments. Oftentimes, as in the present case. the nominations are merely political debts owed from tbe previous elections. No wonder the polls shoW' that the people hold the Supreme Courtinsucb low esteem.

The public has a general distrust for politicians, and because justices are appointed by politicians, it follows that this same distrust is carried over. Hopefully Supreme Court justices will never make politically tainted decisions, but try to explain it to the American people who are becoming more and more cynical everyday. Especially when they see another congressman, aide, and lately a justice himself, being censured. being tired, or resigning because of unetbical conduct in office. The smell of politics sbould be left out of the balls of justice.

Pale Four

by Robert S. Webb President, Bractou Law Society University of Exeter Exeter, England

Barristers

TO ALLOW for this defect, if soob it is, we bave the Englisb barrister. He does oot belong to a Specialists partnership but works on bis own account, althougb he is usually based in -Chambersin London. These Chambers are collections of individuals who use the same offices and share the same overbeads but who are working as independent units. It is these men who are the specialIsts and experts in one field (tax, for example) and they tend to gravitate towards the same sets of Chambers.

The position has been likened, very aptly. to a taxi-rank. The taxis would be the barristers with the solicitors as passengers who walk along the rank and choose a taxi at will.

Are

Till:

The Distinction

Between Solicitors And Barristers:

A Relic Of

The

C:\IVEl<SI

')i

OF EXETER

During the last ten years in England and particularly since 1964 when the Labour Government came into power, If not in control of the country, the subject of Law Reform has come very much more to the fore than has been the case for many years, It has, for the first time, become a politically charged subject and the Labour Lord Chancellor, Lord Gardiner, has set up many bodies both of reform and of enquiry, not least the Law Commission.

Much of this debate on reform has been directed towards discussion as to the possible fusion of the two branches of our legal profession, namely.

Solicitors and Barristers. However, as this article is to be printed in a Journal outside England, perhaps the learned reader will forgive me, if before. commenting on the various proposals whichbave been made for fusion and reform, I should spend a few sentences explaining what the distinction is and' how it works In practice at !:be moment.

Solicitors The Most Numerous

THE numerically strongest branch of our profession is the Solicitors, who are a p pro x i mat ely !:be e quiv alen t of our general practitioners in the medical world and who, like the medical world, are baving to cope 'with an ever widening field of study, They are reputed, although this is, an understatement of the case, to know a mne about a lot and it is to them the -man in the street- will go if he has a legal problem, or very poSSibly, if he has any problem at all. They therefore have a clear duty to the public not to be negUgent in any way. This point, as will appear later, is one of the most important in any discussion as to whether barristers should be able to do their jobs or viceversa, They are organized in partnerships which are usually quite small, consisting perhaps of up to ten or eleven partners (it will be seen that it is indeed rare for a partnership to be able to afford a specialist in any particular field,) There are a few London firms, Freshfields, and Slaughter & May spring to mind, which are very large indeed and to them this generalization about solicitors not being speCialists does not apply. However, in the other provincial towns of England, even quite big ones such as Manchester and Birmingham, it is very rare to find a partnership with speCialists in all fields.

Past?

JURIS

October, 1969

The advantages of such a system are easy to see. for it means that instead of having a great many people, who, by virtue of the nature of the law can only know a little about a subject and who have to deal wIth tbe most complicated cases, !:bere is available a specialist whenever one is needed and he is always obtainable.

There are other advantages too in that a solicitor, although he is an officer of the Court, is bound to establish some form of personal relationship wIth his cUent which might make the presentation of an important case more difftcult for him. There is also the difficulty that, if he has been working on a case for a long time (perhaps It has been nine months in preparation), then he may find that be has heard so many irrelevancies from his cHent that be is unable to sort out what is and what is not important - the old -can't see the wood for the trees路 metaphor. A barrister will, on the other blind. on the reading of a proper -Brief" be able to pick out the relevant facts.

HOWEVER, apart from these immediate advantages there are other consequences of the system, some of wlUch are quite definitely undesirable and others of which depend, for approval or disapproval, on a personal point of view. For example, although there are a great many more solicitors than barristers In this country nearly all Judicial officers are taken from the 2,000 practicing mrristers in existence. This also includeS Recorders and other simUar judicial posts. Many people, particularly those on the left win in politics regard this as an unjustifiable bastion of privilege. They also regard some of !:be practices of barristers as being somewhat restrictive.

For example, when a junior barrister -takes silkand becomes a Queen's Counsel he can no longer appear without a junior. There is a contention that a junior must be paid two-thirds of his leader's fee, Which obviously makes the ease a great deal more expensive for the client. However. long before he gets to the stage of taking silk, a barrister will have to overcome a great many other obstacles besides simply knowing the Law. For example, it is unlikely for the first three years after leaving University that he wIll make enough money to live on, which, of course, excludes those wIthout means from entry into the profession (there is a proposal to reform this which I will discuss later in the article). These legal rules such as no silk appearing wIthout a Junior are no doubt restrictive and, as with so many rules of legal procedure, it is very difficult to trace their origin (where, for instance did the obligation under Doctrine of Judicial Precedents start?), but the fact that they are embodied in practice means that they are as much part of the Law as any Statute - at least from a practical point of view.

A Bastion

or Privilege

It is these difficulties whicb bave promptedsomany suggestions for reform, and tn particular, reform by fusion of the professions has been sparked off by the controversy tbat soHettors may oot appear in any Court above Petty Sessional or County Court level. A breakaway body from our official Law Society calling itself the -British Legal Association-, with a

Pille Five

membership of about 2000 solicitors; is campaigning and has been for some time for the abolition of this rule; but it is unlikely that their method of approach which is for a solicitor to stand up in Court and begin to address the Judge until he is told to sit down, will be successful. The Law Society is making its own negotiations along rather more dignified lines. Their point of view is that for a Solicitor in a simple case, such as might be presented at Quarter Sessions. it is extremely wasteful for him to brief a barrister perhaps a very busy barrister who will only have an hour or two to look over his brief- when the solicitor could equally handle the case himself. This point of view has, to some extent, gained acceptance in the fact that Solicitors are now able to undertake undefended Divorce cases which were previously the prerogative of barristers. Not all solicitors are delighted with the privilege since, owing to some disagreement With the Lord Chancellor, their renumeration for Divorce Work leaves something to be desiredl Although this change seems, at first sight, to be all for the better it is interesting to draw a parallel. If one had bought a ticket to go to Stratford-an-Avon to see a Shakespearean Play and found that King Lear was being played by a 16 year old boy With no dramatic experience, one would perhaps feel cheated out of one's money when the part could have been played so much better by Sir Laurence Olivier. This example is not as far fetched as might appear, the classic barrister's opinion in this country reads as follows: "Yes· written and crossed out, "No· written and crossed out, "Maybe· left standing, together With a fee note for 50 guineas.

Va.luable Trabdng

A RATHER similar argument might run in the favor of barristers - that the County and Quarter Sessional work provides, admittedly at the expense of some clients, a very valuable training for barristers when they later go on to appear in the High Court, the Court of Appeal and the House of Lords. If the prerogative of the lower Courts were taken away from them, they Would not only lose much of their -bread and butter· work through wbich they are able to keep alive during the early stages of their career, but they Will also lose the training to give them confidence in higher Courts later on. In these lower Courts they also gain experience of how the Courts are run, and it is to be remembered that many of the barristers may end up as the Judges in those same Courts.

As with all legal disputes there is so much to be sald on each side that it is notsurprising that, as yet, very little change has actually taken place. One suggestion that has now been adopted is that. If a solicitor wishes to renounce his practice altogether and become a barrister, he may do this within six months. Previously, he had not only to take different exams, but also to eat two years -dinners· in the Halls of the Inns of Court before he was a qoa.lified barrister.

During the time he was eating these dinners. he could neither practice as either a barrister or solicitor and so lost much income and livelihood. This requirement has now been waived and all it now needs is six months pupilage for a solicitor to become a fully fledged barrister. It need hardly be mentioned that this

change could not take place the other way since the barrister's profeSSional examinations are reckoned to be much easier than those of solicitors. The reason is this, that as I have mentioned above. Solicitors deal directly with the public and SO this latter must be protected whereas Barristers can only be reached through Solicitors and, as they are such asmall body.

If one proves himself incompetent this information is quickly received and his practice and income Will diminish!

The big changes in the profession are likely to be made when the report of the Ormerod Committee (headed by Mr. Justice Ormerod) reports in the near luture. The General Council of the Bar has tried to forestall its recommendations to a certain extent by instituting a further year of training for all Barristers.

This takes place In London and is maiDly training in the practical side of law, advocacy. etc. It is hoped that this is what the Committee will recommend so that they will not have to change it again! SimIlarly. the Law Society, dealing with the other side of the profession, has a Committee looking into the position between Solicitors and Barristers, and while it fe~is that not much can be done about the present Situation, it does suggest that the two halves of the profession should be educated together up to a certain level and it is also in favour of easier transfer from Solicitor to Barrister. Whether it Will ever be possible for a Barrister to become a Solicitor without extensive Articles remains to be seen.

J URIS lvishes to express its grat ilude

jor the cooperation received .{roln

Thus, the present state of affairs is that the two parts of the profeSSion are still separate, Solicitors are organized in small Partnerships dealing with the Law in general. All have done several years in Articles and have covered, to a limited extent, all fields of the law. The Barristers who are regarded by many as "the cream· of the profession. although in this article it has been hoped to point out that they are merely another part, are still the body from Whom all Judicial Appointments are made. Their field is still where most money is available for a very good man$48,400 a year is easily possible for a top Specialist in his own field; and it is a tribute to the status of Judgeship that so many men should accept a considerable drop in salary and become County Court or High Court Judges. It seems to me that this fact destroys the argument so commonly found in constitutional history books that Judges are highly paId and. this is why they are incorrUptible.

Whal Doea 'file F.ture

AS TO what will happen in the future, tb1lIgs are very uncertain.

Hold?

It seems Uke1y that a Conservative Government Will come in in the near future and, If they do, this may. or may DOt, make a difference to the birth of legal reform whicb is at present being carried on. Personally. I think it unlikely in this field, that any clla.nge of Government will bave an effect and it seems that. before very 10Dg, a1tbough the professions must, by virtue of our legal system remain separate, transfer, co-operation and some sharing of work between the two must be the order of tomorrow and the future.

JURIS

Octobor. 1969

all the

Alutl1ni throughout the past year.

Pale Sill.

A Look At Thing entire amount of their personal deductions to taxable portions of their Income, but must distribute these deductions between the taxable and non-taxable portions. A low income allowance has been iDeluded. designed not only to remove any tax burden imposed upon those persons at poverty level, but also to provide relief for those other persons wbose income levels are such that they are only slightly more capable of paying iDeome taxes. As a result approxima.tely 5,8 mUllon persons Win be removed trom the tax rolls. Rellef is also provided for those persons In the mldi:ile iDeome brackets in the form of an increase in the percentage llmltation of the standard deduction and in the maximum standard deduction. n is expected that as a result of Uds change, and because of the low income allowance and simpllfied procedures. that twelve million returns Will be switched trom the itemized deductions to the standard deduction. Tax rate reductions slightly over 5% are provided for all levels arove Which the loW income allowance and standard deduction have the greatest Imptct. Scbeduled to coiDeide with the now of revenues anticiptted from corrective measures. the rate reductions decrease the top rate trom '10% to 55%. and even though there are no rate reductions for the lower brackets, the other reductions are expected to amount to 64% In the $0-3,000 bracket. 27% In the $3-5,000 bracke~ and 12% in the $5-7,000 bracket.

Union CaIeatIar No. 172 9~~~~~ss

H. R. 13270 [Report No. 91-413]

IN THE HOUSE OF REPRESENTATIVl'}8 AUGUST ],] 009

(for himself and Afr, BYI!)"&!! of Wisconsin) introduced the following biU j which was referred to the Committee on Ways and Means

Ml" )flUS

AU01;8T 2, 1969

Committed to the C-olllniittec of the Whole IIouse on the St.M-l! of tIle Union and ordered tn be printed

A BILL To reform the income tax laws.

Be it cnactedb!J the Senate and

1 2

tire.~

H01l8e

of Representa-

of the U'IIilrd States of America in Congress assembled.

Included Within the provisions of this bUl are those provisions of H.R. 12290, which have not as yet passed the Senate. These measures postpone the scheduled reductions in the excise tax; continue the surcharge for the first half of 1970, at a rate; repeal'the 7% investment credit; Inltlate a low income allowance; and provide for a five year amortization of pollution control fae-Wties. The revenues derived trom the repeal of the investment credit and the loss attributed to the low Income allowance have been considered in determining the amount of revenue reductions made by H.R. 13270, but the excise tax revenues, due to their temporary nature, have oot been considered.

3 SECTION 1. SHORT TITLJ, ETC.

-----------f.I!fOil/ S(C, 1(...) - - - - - - 4 (a) SnoRT TITLE.-Tbis Act may be cited as the "Tax I) Reform A ct of 1969".

- - - - - - - - - - - - 6i ff S€t.. I 6 (b) T.ABT,E OF OONTENTS.-

(b)>-.;...·- - - - - - -

Trrr,E I-TAX EXEMPr ORGANIZATIONS SUBTITI,. A-PRIVATE FOUNDATIONII

See. 101. PriYltte foundations.

SUBTIThJO: B--OnrF..R TAlI: EPlfl'T 01lGA.lliIUTlOJIa

It is anticIpated that by 1979, the revenues raised by the reform provisions Willreaeh 3.6 billion dollars.

With the additional 3,3 bUllon dollars generated by repeal of the 7% investment credit, tile gains will approximate the expected reductions. (see Table 1).

See, 121. TI\JI; on unrelated business ineome.

B',,, Sc.c,

I

I (h)

UNDER THE present tax laws, many organizations pay no tax Proposals on their unrelated business income. A tax of 7-1/2% has been proposed upon the net investment income and net capital sins of these organizations. Deductions are allowed for expenses incurred in the production of that income and in the case of net capital losses. Tax exempt organizations will no longer be able to sbare their exemption With prIvate business through the use of debt-financed leaseback arrangements. In addition, the unrelated business income of all tax-exempt organizations, Including churches, will become subject to tax. In the case of tax exempt organizations which operate primarily for the benefit of their members, a tax at the regular corporate rate is proposed.

Major

House

A

'ND so begins H.R. 13270, the most

substantive and comprehensive tax reform bill ever attempted by Congress. This bill, which includes 27 groups of tax reforms, is designed to curb the abuse of various provisions in the Internal Revenue Code originally enacted to aid limited segments of the economy. As a result of these provisions, many IndIviduals have gained advantage to such a degree that last year 154 persons with adjusted gross incomes in excess of $200,000 paid no tax whatsoever. The House Committee feels that if taxpayers are to pay their taxes on a voluntary baSiS, it is essential that they feel the law imposing these taxes is fair, and even more important, if these taxes are to be kept at a tolerable level, it Is essential that everyone share the burden. The reforms, designed to take effect over a ten year period, are not specifiea1ly designed to eliminate these advantages, but aim to remove and eliminate general hardships,

in addition to providing tax reductions of general application. Congress has been careful not to absorb the fiscal restraint provided by the measures included for 19'70, but after next year the general reductions approximate the revenue gains. Since many segments of the economy Will be affected, and many industries will have to conform to the new regulations, it would be impossible to implement the proposals immediately.

In addition, the House recognizes that problems also exist With respect to the estate and gift tax laws, but has deferred action in this area until a later date.

UNDER the proposed measures, No Escape no individual With significant income will be able to escape payment of all tax, A minimum tax has been imposed on all persons With significant amounts of tax free income, requiring that they pay a tax at least equal to one half of their economic income. In addition, these individuals Will no longer be able to allocate the

JURIS

October, 1969

The present 30% limit on charitable deductions will be increased to 50%, while the unlimited cbaritable deduction is to be eliminated over a five year period.

Farm and hobby loss provisions will be restricted, with additional limitations imposed in the ease of taxpayers with substantial amounts of income from other sources. Interest deductions are to be limited in the case of funds borrowed to carry investments.

The moving expense provisions will be extended to permit deductions for house hunting trIps, living

Page Seven

To Come expenses incurred prior to finding a new home, and expenses incurred in the sale of an old residence oc the purchase of a new one.

Of particular importance is the provision with respect to limiting tax preferences. The bill provides a limit of 50% of a taxpayer's total income that may be excluded from tax, in order to eliminate the possibility that a person with substantial tax free income will pay no tax. The minimum tax is to be computed by adding to taxable income one hall of the tax preference to the extent that it exceeds regular income. In addition, taxpayers will no longer be permitted to allocate all their personal deductions to their taxable income, but will be required to divide them between taxable and non-taxable income. The provisions relating to income averaging have been substantially revised, and will become more generally available. At the present time, there are no specifiC rules relating to treatment of restricted stock plans.

The bill proposes that a tax be imposed upon the property at the time it is received. rather than deferred until the restrictions lapSe. In the area. of deferred executive compensation, many individuals postpone the receipt of portions of their salaries until retirement. when they expect to be in a lower tax bracket. The bill requires that the tax be comvuted at the time when income is earned, but permits payment to be deferred until the income Is received, In the case of accumulation trusts. the bill requires that the beneficiary be taxed in the same manner as if the trust distributed the income to him when it was earned. Where a taxpayer creates a trust for the benefit of his spouse. the income she receives will be taxable to the settlor as it is earned.

MULTIPLE corporations will no longer be permitted to take advantage of all the exemptions deSigned to aid small corjl<lrations. These provisions include the multiple surtax exemption. the $100,000 income accumulation limitation, and the additional first year depreCiation deduction. By 1975, these groups must reduce their exemptions to one, while the prOvisions regarding depreciation and the repeal of the investment credit will become effective at the end of this year.

Where corporations claim an exemption for bond interest in connection with acqusltions, the deductions will be disallowed where the bonds closely resemble equity. Stock dividends. currently exempt from tax, will become taxable where the corporation permits shareholders to elect between cash or stock. if the proportionate interest of the shareholder receiving stock is increased. lJmiting MulUple CorporaUoDs

rates on certain minerals. It also eliminates altogether percentage depletion with respect to foreign gas and oil wells. Carved out production payments presently being used to circumvent tile percentage limitations on depletion are to be treated as loans by the owner of the production property to the owner ofthe mineral property. In addition. the rules regarding recapture as applied to certain exploratiol! expenditures not presently covered, have been extended.

Capital THE treatment of capital gains Gains has received substantial attention.

The alternative capital gains tax for individuals would be repealed, with a resulting increase in rates for those in upper brackets of 35% (32-1/2% under the rate structure provided by the bill). Long term capital losses would have to be reduced by 50% before being used to offset ordinary income. The offset against ordinary income in the case of a husband and wife filing a separate return will be limited to $500, in order to conform with the limit imposed on couples who file jointly. The six month holding period to qualify a long term capital asset is to be extended to twelve months. In the case of a sale of pagers by one whose efforts created them, the income will be taxed at ordinary rates. An employer's contribution to pension plans, when paid as part of a lump sum distribution. will also be treated as ordinary income. Life estates will no longer be accorded a cost basis to be deducted when the interest is sold. Casualty losses and gains will have to be consolidated in order to determine whether or not they give rise to ordinary losses, or tqgains which will be added to other 1231 gains. Finally,\vbere one transfers a franchise with a retained interest, the transfer will not give rise to capItal gains trelltment.

In the case of real estate depreciation, the 200% declining balance wauld be limited to new housing, while other .real estate is limited to 150%. All used property must be depreciated on a straight line basis.

In the event of a sale, any excess depreciation above that computed on a straight line basis would be recaptured by converting from capital gain to ordinary income the extent of such excess. The bill also provides a five year amortization period in the caSe of rehabilitation expenses for low income housing.

The tax treatment of cooperatives has been revised to require patronage dividends and per unit retains to be revolved out over a period of up to 15 years, The required cash payment on either current or prior year's patronage must equal atleast50%ofthe amount of the current year's patronage.

Amounts set aside under qualified pension plans for shareholder-employee-beneficiaries of sub-

By

chapter S corporations COUld no longer exceed of the compensation Inidor$2,5oo, whicbever issmaUer. State and local governments would be permitted to issue taxable bonds and in turn these units would receive from the Federal Government a payment of 25% to 40% of the interest yield of their bond. In addition. the interest payments on arbitrage bonds of state and local governments would no longer be exempt from tax.

The bill also provides several adjustments in the tax burden of Individuals. The standard deduction would be increased from 10% to over a three year period, while the maximum standard deduction Is increased to $2,000. The minimum standard deduction would be increased to $1,100, by the addition of the low income allowance. After 19'10. the minimum of $1.100 wouid be available to all taxpayers whose standard deduction, wltbout regard to the minimum, does not exceed $1,100, A maximum tax rate of would be imposed on all earned income. Since this 1s a maximum ma.rginal rate, the result is that 00 income would be taxed in excess of the rate, Single persons 35 years of age or older, and persons whose spouse bas died are provided with a new rate whlcb falls between that previously avaUable to single persons and that available to married couples. In addition, widows and widowers with dependent children nineteen or less, and stiU in school, would be given tbe advantage of full income splitting. Insofar as rates are concerned, the proposed reductions for 1970-71 aggregate slightly over $2.2 billion dollars.

In 1972 the rates provide fOf a reduction Slightly in excess of 5% for those in the upper income brackets, while those persons upon whom the low income allowance and standard deduction has the greatest imInct enjoy substantially greater reductions.

THE 1969 Tax Reform Bill was passed by the House only five days after coming from the Ways and Means Committee. It received an overwhelming vote of 394 to 30. The Senate Finance Committee then conducted open hearings, whicb were scheduled to conclude on October 3, It is expected that the Committee will spend the remainder of October In closed session preparing the BU\ for presentation to the Senate. The proposals prepared and approved by the House promise a much needed reform in the existing law. and even though many people appear to be optimistle, it is feared the many controversial issues contained therein will forestall Senate approval, and ultimately result in an extremely watered-down version of H.R. 13270.

A ComDl8D&

HARVEY J. EGER

Table 1 BalaDciDg of Tax: Reform with ReHer uder H.R. 13210 (iD millions of dollars) The rules relating to the Foreign Tax Credit have also been revised to provide that where a domestic corporation operating abroad sustains a loss which it offsets against domestic income, the subsequent earnings from foreign operations, to the extent of 1/2 the earnings remaining ,after foreign tax. must be recaptured until any benefit derived from the initial offset of the loss is recovered.

Financial institutions will no longer be permitted to build up bad debt reserves. In addition. the advantages accorded by capital gains treatment of bonds held in the course of business will be withdrawn.

The depreCiation deduction for public utilities will have to be computed on the straight-line method in order to determine earnings and profits only. This provision is designed to eliminate the practice of paying tax free dividends to shareholders of these industries. The alternative capital gains rate for corporations will be increased from 25% to 30%,.

1970

1972

Tax Reform Program

-1,640

-2,180

-2,600

-3.555

Repeal of Investment Credi t

-2,500

-3,000

-3,100

-3,300

TOTAL Income Tax Relief

-4.140 -1,692

-5.180 -6,813

-5,700 -6,813

-e,855 -6,813

1974

1979

NOTE: The tWl: Burch .... ge e"tension ($3,100,000,000 liability for 11110) and the excise tax extension (1,110,000,000; $800,000,000; $800,000,000 and $400,000,000 for 191n.1973, respectively) ....e not Included abo_ becauae 01 their 'temporary' nature.

The bOI proposes to reduce the percentage depletion

JURIS

October, 1969

Page Eight

By ROBERT BROUGHTON

Wbat Difference QUITE A LOT. There are of dIsadvantages of I i v i n g Does It polluted air. For particulates All.Make7 802 of these have been studied and measured, the mea.,>urE~ments described in two documents published the National Air Pollution Control Administration Air

Professor at Law

Qualit, Criteria JOT Particulate Matter Air Qualit, Criteria for Sulfur Oxides.

Ttlere are health

effects, disease, morbidity. and mortalil rates, there are effects on building materials, paint, metal structures, ete. there are effects on animals and there are effects an vegetation. tbere are effects on visibility, and there are effects on the aestbetic and the general and comfort of man. last category may be the most important one, but it is also the most difficult to measure.

What is easier to measure is the tangib1e damage damage to property. Damage to health, and the to health in the form of increa.<>ed mortality rates occurs at concentrations of suspended particulates as low as 80 and at concentrations of 802 as low as 0.04 ppm.

-Co.-tesy of United Steel Wotker. of America

• you

ought to have seen it 20 years ago,·

seasonal variation from around '70 to 80 in the winter to 20 or 30 in the summer,*

That is the stock reply to anyone who complains about air pollution in Pittsburgh. And if what they say is right, it may well have been worse 20 years ago, But the comment seems to imply that air pollution, as a problem, is no longer with us, that the problem was solved 20 years ago.

The County average for suspended particulates bas, indeed, shown improvement over the past several years - down from about 256 micrograms per cubic meter (ug/m3), annual average**, in 1960, to about 128 ug/m3 annual average in 1967,

There is plenty of evidence, however, that the problem bas not been solved in Allegheny County, (1) The Department of Health, Education and Welfare (HEW) ranks Pittsburgh as the siXth worst polluted city in the nation. (2) Looking at the city from the air - anywhere over 5,000 feet - there is a murky brown miasma obscuring the city, This is most noticeable on a clear, still day, because wind tends to carry the pollution away and rain tends to wash pollutants out of the air. (3) A drive along any of the three rivers away from the Point will take one into some quite extraordinary smog concentrations pollution that can be seen, smelled, and tasted, For the most spectacular pollution, drive east on Second Avenue through Hazelwood, cross the Glenwood Brtdge to Homestead, cross back to Rankin and take Braddock Avenue to East Pittsburgh, then stay as close. to the Monongahela River as possible all the way to EUzabeth, I venture to guess that there is no more badly polluted body of air in the world. (4) The figures bear out the impression one gets looking at the air in Allegheny County from above and from below.

The figures can be given in terms of totals and in terms of concentrations of pollutants at particular points. At present, reasonably accurate data exists In Allegheny County for suspended partiCUlates (those which stay suspended in the air for extended periods of time, until washed out by rain or absorbed onto various materials), for settled particulates (those which settle out by force 01 gravity - these contribute the dirt on the window sill, and on term papers and casebooks left out overnight) and sulfur dioxide (S02), The part of the problem that was so vastly improved 20 years ago was presumably In the concentration of settled particulates, and to some extent suspended particulates. From 1951 through 1967 settled particulates seem to have ranged around 40 tons per square mile per month, with an extremely pronounced

S02 levels on the other hand have actually been increasing in the County at all stations-from average of about 0,04 parts per million (ppm) to about 0,05 ppm., over the same period.

The totals for the County are less important, but more impressive than the average concentrations.

190,085 tons of particulates (all types) were emitted in Allegbeny County in 1967, of which 112,320 tans were from heating and electric power generation. and 68,400 was from manufacturing processes.*"'''' 382,535 tons of S02 were emitted in the same year, of which about 345,000 tons were from industrial fuel use, power generation, and manufacturing processes.

The most important figures are those showing concentrations at specific locations. People don't breathe County-average air - thEy breathe air at one location. And, as the description of the drive along the Monongahela implied, Pittsburgh's topography means that our air pollution problems are often extremely localized.

The annual average S02 concentration for 196'7, for example, was about 0.04 ppm Downtown, about the same near the University of Pittsburgh in Clakland, but was three times thatlevel, 0,12 ppm, in Hazelwood.

Suspended particulates were close to the CountyAverage Downtown - about 130 ug/m3, but were nearly twice that in Hazelwood - 250 ug/m3. *4 .. Th... e flBW"'. ar.. from th .. REPORT FOR CONSULTA· ON TRE METROPOLITAN PITTSBURGH I!Io TION INTRASTATE AIR QUALITY CONTROL REGION, (National AIr Po Illation Control Admlni_tratlon, Department of Health, Education and Welfare, February. 1969).

•••

The aspect of material damage most thi1,T',,,.ahl,, studied, to date, is household cleaning and maintemmce costs. If one Uves in a polluted area, one must clean clothes and hanses more often, wash windows more often, palnt houses inside and out more often, and perhaps rebuild and repair more often. The exact miXture of activities required to compensate for air pollution will depend on a varIety of factors- the kind of house one lives in (wood must be repainted, brick and stone cleaned and pointed). the types of air pollutants (002 will affect many types of paint worse than particulates, for example). s tan dar d s of cleanliness, etc.

The Cost?

T A KEN over an en tire metropoutan area, and compared er with similar costs innon-polluted Famlly (for example, rural) areas, many of these factors can be isolated out, and the separate effects of air pollution measured, Irving Michelson and Boris Tourin, of Environmental Health and Safety Research Associates, New Rochelle, New York, have done some studies of this kind. They recently found that total bouse bold maintenance costs attribute to air pollution in the New York City area (1'7 counties in southern New York and northern New Jersey) in 1967. came to $180 per person per year, or $570 per family per year.

1570 p

.4 In an averBlfll, the normal period of tIme for .. ntadlng for RUllpended particulate. 1_ 24 houre, II they are collected on fllter paper which Ie Ihen weighed, or chemically te.ted. The annual averag" 18 then the geometric ",ean of Ibe daUy readlng_. Thh will be equivalent to the antllOIf of the ....Ith..... tlc mean of th .. 101f1 of the daily ... ading., which II,.., distributed IOI... ormal1y.

Air Pollution -AnlJ

• All concentrations are f...." various publications of the All.peny

other bea.!th effects, increased hospital admissions, absenteeism from work and law classes, and increased incidence of such respiratory diseases as bronchitis and asthma have also been corre lated with air pollutl.on.

CbUdren and older people are hardest hit. A recent review of a number of pollution studies indicates that somewhere between 25% and of all bronchItis may be caused by air pollution. In nearly an respiratory ailments, symptoms will be exacerbated and discomfort increased in the presence of significant air pollution. Settled particulates. interestingly. are not so mucb of a health problem as 000 might - they settle out on tna mucous of the nasal prui'SBl~S and bronchia, and do not reach into themselves, The fine particulates may not the alveoli deep in the lungs, but may poisonous gases - for example, S02, ordinarily be absorbed in the nasal P;:Ui::;!1i~:S them. This is a main cause of observed synergism of pollutant effects. *5

County Bur"au of AII' Pollution Control.

JURIS

October. 1969

Page Nine

If one assumes that the population and pollution charaeteristies of the 17 eounty New York area are approximately equivalent to these characteristics in Allegheny County (pollution is probably worse, on the average in Allegheny County). then the household maintenanee costs of pollution in Allegheny County are $281,088,200 per year.*6

How do these costs of pollution - the order of $300 million per year-eompare with the costs of controlling air pollution?

According to estimates made for the New York area

by Michelson and Tourin, based on data collected independently by the U.S. Department of Commerce and by Fortune Magazine, a reduction in pollution levels in 1965 to 40% of their then current levels would have cost about $250 million, or $16 per person per year. If costs of pollution reduction are comparable in Allegbeny County, then, assuming a 25% increase in cost due to inflation, controlling pollution in Allegheny County would come to about $31,120,000 per year*7 - about 1110 the total costs now being imposed on the citizens of Allegheny County.

For particular methods of emission control, some estimates can be made, but only provided one has data on a variet\' of Dlant characteristics. In Control Techn.iI;lues Jar Sulfur Oxides (NAPCA, Dept. HEW, Jan., 1969), Tables 4-17 and 4-18, pp. 4-58 and 4-59, one typical analysis of S02 emission control by fuel substitution, for a utility steam boiler in the Chicago area, is demonstrated. For a difference in price of 38 cents per million Btu for low sulfUr coal, as against 31 cents for bigh sulfUr coal, a total cost of $34 per ton of 802 eliminated is calculated. For Allegheny County, where a total of just over 345,000 tons per year of 802 are emitted each year from industrial resources, $34 per ton would come to $11.7 million, total, if the cost and operating assumptions upon which the NAPCA calculations are based are at all applicable in this County.

Other cost figures, for removal of BOto 90 percent of S02 from stack gases, by a limestone-dolomite injection process followed by a wet "scrubbing- of the remaining gases. are given (SulJur Oxide C01l:troL Tecbiques, p. xxi) for operation in a -typicalaOO-megawatt, coal-fired power plant, operating at a load faetor of 90%. With a capi~ cost of $4.650,000 the operating costs come to only $0.00035 (3.5 one hundredths of a cent) per kilowatt hour. For 1000 KWH's of consumption, in a month, this would come to $0.35. Estimates in energy terms (on p. 4-112) by the commereial producer of this process (Combustion Engineering Co.) range from $0.015 to $0.02 per m1llion Btu. This would be a substantial saving over the fuel SUbstitution figures given above.

- the people living in polluted areas, the consumers of industrial products, or the public, through the government? It seems fairly clear that the people living in polluted areas should not continue to have these costs unwillingly imposed on them, both because the costs of continuing to pollute are so much higher than the costs of control, and for reasons of equity and justice.

Pennsylvania then became obligated, within 180' days, to adopt "ambient air quality standards, - and within another 180 days to adopt a plan, including enforcement provisions, emission controls, andsoon, which would get the air as clean as the standardi specify. The standards are the goals - how clean we want the air around us to be -and the emission limits and regulations are the way to reach the goal.

Industry might have an argument for some subsidization of control efforts. especiallyofresearcb programs. On equity grounds, however, it seems reasonable that the consumers of a product should pay. ultimately, all of the costs of producing that product. And. if 35 cents per month is at all representative, it appears that the electricity consumers (at least) of Allegheny County would be getting a bargain.

So far, in Allegheny County, we have had hearings on a proposed set of goals, and we have had hearings on a proposed revision of the regulations administered

by Allegheny County (which, under state law. is empowered to operate its own program so long as that program is at least as strict as is the state's program).

Wbat Is Tbe Law Doing

AT PRESENT. all levels of government have become involved in trying to solve the problem.

About Tbis?

Even the United Nations is planning to hold a conference, covering air pollution among other things, in the near future. Efforts in Allegheny County started with the City of Pittsburgh, just after World War IT; the problem was taken up by the County in 1949; the Commonwealth of Pennsylvania began regulating air pollution in 1959; and the Federal government became directly involved (in a more than peripberal and advisory way) with the passage of the Air Quality Act of 1967.*8 The Air Quality Act contemplates a somewhat coordinated national attack on air pollution, with the states operating the control programs and making all the decisions, subject to veto by HEW and the theoretical possibility that HEW might step in and operate the necessary control program. Under the Act, HEW declared Allegheny County and six surrounding counties an "Air Quality Control Region,· in April, 1969. Once this was done, Pennsylvania had to decide either to go along with the Federal scheme, or not. A letter of intent to go along with the Air Quality program was filed in June, 1969.

The proposed ambient air standards were notable in that the pollutant concentrations specified as goals. for at least the annual average of suspended particulates (the goal was set at 100 ug/m3) and the 24 hour average of S02 (the goal was set at 0.25 ppm). were signifieantly above the levels where increases in mortality rates have been noted in various studies (80 ug/m3 for suspended particulates.*9 and 0.11 ppm to 0.25 ppm for 802*10). This led one witness to note that the statement, -Air pollution at these concentrations causes increased mortality rates,· is simply another way of saying, cAir pollution at these concentrations kills people,· and to go on from there to accuse the Air Pollution Commission of -trying to legalize murder.· Wbile it is difficult to question the pure logic of this accusation (even though the facts are probabWties) it would also seem dfffieult to find the necessary mens rea - I suppose this implies that -legalized manslaughter- would have been more appropriate, even if less newsworthy.

Citizens groups generally. ineluding the United Steelworkers of America, the Western Pennsylvania Conservancy, the League of Women Voters. the YWCA, a large number of garden clubs and womelfs clubs. the Medical ASSociation, the North Hills Conservation Council, and many individuals, presented testimony

For all of these cost estimates, while no claim is made of absolute aecuracy, it is notable that the order of magnitude of the control costs seem to be easily less than one-tenth the costs of continuing to pollute.

From the few studies that have been made, this divergence is true in marginal terms as well as total terms, though less markedly so. The Micbelson & Tourin study, for example, found that a reduction in air pollution to 46% of existing levels would have saved New York area residents about $1.41bUlion per year. This is not quite six times $250, the cost of that level of control. Other incrimental studies have indicated benefit-cost ratio of 5 to 1.

It may be well to inquire who should pay the costs -5 For a aoed elementary IJUtllmary of many of the effecta and problem_ 01 air pollUtion, .ee • Air Pollution Primer', pubU.hed by the National TQbe.culo.l_ and Re.pir.tory Dl.ea.e A •• oelatian. For • •ome....t..t mo... detailed treatment, Section 33 Law and Contempo.....,.. Problema, pp. 195-426,

~er

-6 Slao tim..

1,561,000 (196'1 AUeabemy County populatlori ••Umate), -'1 '20 Ume. 1,561,000 -8 Th.l. Act bullda on the Clean Air Act of 1963, whl.cb had foundation. that reached back •• far a. 1955.

UntU the Air QuaUty Act of 196'1, Federat Involvement w.a limited to research, and tecbniC'at and fbi_clai a •• i_lance.

Twenty Years?

JURIS

October, 1969

and sufferlDg. not by tally sheets.

I, too, tended to read the numbers without feeling,

- contillaea on Page 12

-9 Wlnkelatein, .t. at., .tndle. of the Buffato, New York area. Noted bi CRITERIA POR PARTICULATE MATTER (NAPCA, HEW. 19(19), Chapt.r 11, BecU_ C-lb.

-10 AIR SULFUR OXIDES (NAPCA. HEW, t9(19), Chapter g, Secthm C.

Page Ten

Do you make these five common mistakes about selecting diamonds?

TEST YOUR KNOWLEDGE. IF YOU ANSWER ALL FIVE QUESTIONS RIGHT, YOU'RE AN EXPERT L The finest diamonds are A. White B. Slightly yellow D. Colorless

C. BIue-white

2. When a diamond's clarity is not marred by any scratch, spot, cloud or other blemish, the gem clln properly be described as A. "Ideal" B. "Perfect" C. "Flawless" 3. When professionals refer to a diamond's "cut" they melln A. Its general shape, such as round, oval, pear, marquise or emerald.

B. The extent to which the angles and proportions of its many sides, or facers, conform to the ideal for its particular shape.

C. The diamond's ability to scratch other hard such as glass or steel. :I. The i'a/tle of a diamond is determined by its A. Carat weight B. Cut C. Color E. Price

D. Clarity

S. Aside from differences in the price ranges of various products, selecting a diamond is most like choosing A. a watch B. Savings honds C. a steak D. a new GU

Here's boU' to score 10111' answers. (Bllt please, dOll't read m;y furtber /lllti! you've ansU'e"ed aU the questions 10 the best of your abilit),.)

1. If you checked answer "D," you're absolutely tIght. The finest diamonds have no color of their own whatever. They merely blaze with all the colors of the light that enters them.

If you checked "Blue-white," be careful. The term is fraught with many meanings and loopholes, It is used as a sales aid by some jewelers to help sell diamonds of inferior color. Because "blue-white" is inexact and misleading, we forbid the use of this term in referring to any diamond at Hardy & Hayes.

2. If you checked "flawless," you're right again. A flawless diamond is not necessarily a "perfect" one, however. The Federal Trade Commission's ruling on the use of this term states that besides being ftawless a diamond must not be of inferior color or make. There really is no such thing as a "perfect" diamond.

Like the term "blue-white," the term "perfect" is forbidden at Hardy & Hayes.

3. You are right if you chose answer "8." Diamonds are cut in different styles, such as round, oval, etc. There are Ideal angles and proportions for each style.

When a professional refers to cut, he is talking ahout the human factor of a diamond's beauty. Just how well has man done his job? If the cutter deviates from the precise angles and proportions of the Ideal, your diamond would have . less beauty and should therefore cost you less than a more precise cut.

4. If you chose anyone of the four es, you're partly right. A diamond's value is determined by all four.

The price you pay for a diamond includes more than the value of the gem itself; the value of the ring or other setting, for instance. A portion of the seller's cost of doing business also is included, as is his profit.

Because aU Hardy & Hayes diamonds are obtained directly, via New York cutters, from the London sights of the Central Selling Organization (marketing arm for all jewelry diamonds in the world) our price does nor include the profits and expenses of intermediate brokers, wholesaler~ or agents. For this reason, you often pay less at Hardy & Hayes than you would elsewhere for a diamond of comparable quality.

Judge for yourself. We'll give you a booklet':' that explains how the various chara<:teristics of a diamond are rat~ how the professionals compare one diamond with another. It's a

JURIS

dearly ,,-eitten little booklet, easy to understand. We'll answer any questions you may have and, if you have time, show you examples of the characteristics you'll want to watch for.

Then shop around.

S. Buying a diamond has something in common with aU four possible answers, of course. \'X'atches and automobiles, being manmade, can be standardized, however. You can usually expect one new car to perform as well and ride as comfortably as another of the same make, model and equipment. But nature never does anything quite the same way twice.

Savings honds have but one variable-their size, or dollar value. You look at the denomination and you know what each one's worth. Not so a diamond.

Selecting one is thus most like choosing a steak. No two are quite alike. Price per pound (or carat) is only one of several considerations. Color and clarity are as important in a diamond as tenderness and flavor in a steak. And cut, certainly, is vital to both.

Of course, one way to be sure of getting a good steak is to go to a good butcher. We'll spare you the rest of this analogy.

If you got four of the fitle questions right, your knou'ledge diamo,lds is abof,'e average. But e1;'etl if .rOIl missed onl'J Mle, it would be wise to filld out all you am about dia1fumds before :),Ote actually invest in one. 1,17 e'll be delighted to help YOfi learn as milch as YOli care to. Don't jeel YOlld be imposing. After all, the more yott know about diamonds, the betfer for lIS. ~'lf

you would like us to mail the booklet to you at home, simply send us a poStcard, giving your name and mailing address. We'll send your booklet the day we get your card.

Your Mellon Bank charge account is welcome at. ..

------~-...............

FINE JEWELERS SINCE 1887

DOWNTOWN, WOOD AT OLIVER

October, 1969

SHADYSIDE, 5529 WALNUT ST.

281.0440

Pa&e Eleven

Changes At Duquesne Professors Write

And Study

The Student Bar Association of Duquesne University proudly congratulates JURIS for its award of

O

Rafalko Named Dean

Of New York Law School

by John Hovan, news editor

I

N Sept. I, 1969, Dr. Walter A. Rafalko, Professor of Remedies and Agency, officially assumed the position of Dean of New York Law School, which is located in lower Manhattan and is affiliated with Pace College.

The present status of Dean Rafalko at Duquesne University Law School is no longer that of Associate Dean, but rather that of Visiting· Professor. He will serve in this capacity until June, 1970, when his tenure at Duquesne will end. In the meantime he will commute to New York Law School every Monday, and return each weekend to be With his famUy and fulfill his commitment to Duquesne.

Prior to joining the Duquesne staff, Dean Rafalko practiced law in Missouri and Washington. D,C. He also has served as an instructor, teacher, professor, and administrator at: st. Louis University, St. John Fischer College in Rochester, New York, and University of Rochester in New York.

Realizing the importance of keeping updated With current legal problems, Dean Rafalko, the scholar, earned the following advanced degrees: LL.M from Georgetown University School of Law (1953); a J .D, from John Marsball University School of Law (1965); an LL.M. from New York University School at Law (1967); and an S,J.D. from New York University School (It Law (1968).

For excellence in the pursuit of his legal education he has been cited in Who's Who in American Education (1966) and Who's Who in the East (1967). He is a member of the American Bar Association, as well as the Allegheny County Bar Association. Dean Rafalko has also written for several scholarly publications.

Joining Duquesne's faculty in 1957, it was Dean Rafalko's stabilizing influence that carried the Law School through its period of adjustment when the Law School was striving to fill the post of Dean in 1967-68. In the absence of a Dean, an Advisory Committee was formed to cope with school policies and administration. This faculty committee was chaired by Professor Rafalko.

There is no way. anyone coU!d review the activities, the qualifications, and the contributions of Dean Rafalko WithOut concluding that it is with reluctance that Duquesne Law School announces his appointment as Dean of New York Law School.

N SEPTEMBER 4, 1969 the students of Duquesne Law School witnessed several cbanges that were the culmination of months of planning. The introduction offour new elective courses into the curriculum was perbaps the most noticeable cbange. The new courses are: LegaIAccountingtaught

by Professor Fritz, Family Law taught by Professor Sciullo, Law and Public Opinion taught by Professor Davenport with Mr. Demas, and Civil and Political Rights also taught by Professor Davenport.

The new school year also finds a new face on the Duquesne Law School faculty - Professor Nicholas Fis11s. Professor Fis11s, who r e c e i v e d his undergraduate and law degrees from the University of Pennsylvania, will be te a chi n g Commerci8l Transactions and ProfessiooaJ. Responsibility. After clerking for Federal District Court Judge Wallace Gourley, be served as Assistant U.S. Attorneyforfive years. Commenting on his new role as a teacher, Professor Fistis stated, -I like teaching; I find it enjoyable.Also returning after a year's leave of absence is Professor Leonard H. Levenson. He again will be teaching Corporations and Business Planning.

Three Duquesne professors are currently involved in activities relating to their teaching duties. Professor Corneilus F. Murphy, Jr. is nearing completion on his book, The StlIdy of Justice, which be has been working on for a year. Professor Murphy has demonstrated that only through modern insights (selfreflection) and traditional concepts (analytical historical experience) can justice become mea.ningfu.l.

It is his theory tbat the a,pplication of the abstract ideal to a concrete situation demands objectivity tempered by persooaJ. prudegee. Finally, Prof. Murphy thinks it is when human decision making acquires the virtue of prudence tbat inner strengthening of moral and etbJcal aspects of the inner person are achieved.

This summer, Professor Robert Broughton attended the 15th annual Rocky Mountain Mineral Law Institute, which was held on July 10, 11, 12, at Vail, Colorado.

Prof. Broughton's attendance was in preparation for his Natural Resources Course, which will be taugbt second semester. The Professor commented, -The Institute was much more important thanI thought, since a representative ofevery major 011 company attended. Professor Broughton considered the Institute beneficial, since it made him aware of many of the present problems facing modern man and his environment.

Finally, Dr. Cyril H. Wecht, director of the Institute of Forensic Sciences and research professor of law, has been invited to be part of the American faculty for a joint Soviet·American InlernatiooaJ. meeting on forensic medicine being held in Moscow, Leningrad and Budapest. Along with partiCipating in the International Meeting, Dr. Wecht Will also lecture on forensic medicine as it eXists in the United states and also the investigation of bomicides and accidental deaths •

.....

JuaJs

October, 1969

FIRST PLACE as the Inost outstanding Student Bar Newspaper in the United States for schools with under five-hundred students. .,.

The award was presented by the Student Division of the A Inerican Bar Association. ~

S. B. A. congratulates

last vear's Editor-in-Chief James N. Falcon. and his staff for their outstanding performance.

Page Twelve

- conti.fled from Page 9

Air-Pollution - Another Twenty Years?

urging adoption of lower goals, ideally those proposed in New Jersey - 65 ug/m3 annual average and 195 ug/m3 24 hour average for suspended particulates, and 0.017 ppm annual average and 0.1 ppm 24 hour average for S02.

The fireworks really started when the hearings on Allegheny County's proposed new regulations started September 24, 1969, in the Gold Room in the County Courthouse. As long as it is only goals that are being set, then those who want stricter standards and those who want to be able to pollute without restriction could all react with a certain amount of dispasSion.

The proposed goals are better than existing air quality in most areas of the County, so that reaching them would be an improvement; on the other band goals do not impinge directly on what any polluter does.

The difference between good goals and bad goals may be important, but not in the course of the next year - the difference is likely to show up anywhere from 2 to 5 years hence.

Not SO with emission standards. These would impinge. on a polluter's activity right away, ane would a.ffeet the air breathed by downwind residents right afty.

"'0

THE proJXlsed regulations themselves were written by a '!'be Proposal? committee, the Allegheny County Air Pollution Control Advisory Committee, and show some of the more notorious problemsnf . committee authorship: After designing their 1roriIe they piled too many straws on its back.

One sometimes gets the impression when reading them that alternate paragraphs may have been written by polluters and bronchitis sufferers.

Wrote

For example: (A) The emission standards for particulates are, in themselves, quite good, but they are framed in a way that (1) would make them unnecessarily difficult to enforce, and (2) would insure that those particulates that continued to escape into the atmosphere would be mostly the finer particles - the ones most damaging to health. They are also ringed with exceptions that will leave many sources untouched for three years.

(B) The regulations propose an emergency warning system in case concentrations get so high that drastic measures need to be taken. This sort of thing migbt well bave saved many lives in disasters such as oceured in Donora in 1948, when 20 people were killed and 6,000 out of a JXlPulation of 14,000 made ill, or London in 1952 when 4,000 people were killed, or in New York in 1953, 1962, 1963 and 1966. But the proposal does not suggest levels which have been tested by medical statistics and by experience in other places; instead, the committee notieed that if they set the emergency-warning apparatus into motion whenever the levels used in New York were reached, Allegheny County would be in an emergency condition every other day, practically. So the committee set higher limits, based on a desire for a low frequency of emergencies. The reasoning must have been that its better to make people sick or kill them than to scare them too much - or more likely they just weren't thinking about that.

(C) The procedures to be followed in the event an emergency occurs are similarly irrational. The Chief of the Bureau of Air Pollution Control is to request each polluter to submit a plan showing what that polluter will do in the event of an emergency. out of the answers is supposed to come a coordinated plan for the whole county.

JURIS

October, 1969

(D) SO emissions are left essentially uncontrolled.

There may well be some technological basis for leaving them uncontrolled - this seems to be the subJect of an intensely heated dispute knowledgable chemical and industrial engineers. the regulations as proposed do not even contemplate speciflc action on S02 emissious, other than specifying tbat if the nureau Chief can prove that a â&#x20AC;˘ satisfactoryt process for removing S02 from staelt gases is "commercially available w, 10wsuIfur coal is available. he can order its use.

IT IS bard to describe some of A loke things without sounding a little like one is trying, unsuccessfully. to be humerous. What rm really doing is trying, also unsuccessfully I suppose, to sound deadly serious.

The Allegheny County proposed regulations are so bad that they sound, in places. ridiculous. This is despite the fact that the members of the Committee include some quite good writers, and some people who know the problem ememelywell.Italsoincludes. however. some people who really do believe tire problem was solved 20 years ago, and who either haven't read or don't believe tbe medical and economic evidence on the effects of air JXlllution. If you don't believe the problerrt exists, then you will not operate effectively in the search for a solution.

That seems to be the beart of the difficulty in Pittsburgh: convincing people that the problem exists.

And I would be willing to guess that they will not be convinced by simply qooting the oumbers from the medical and economie studies. Tbese numbers may demonstrate that a problem exists, but they do not C01lvmce. The numbers acquire meaning to us only after our emotions have become moved by the problem: ud emotions are aroused by human loy - contiaaed on Paoe 13

Page Tbirteen

P.A.D. Egan Chapter

by Hugh Grady, clerk

Air Pollution Another 20 Year.?

- contil'luea /Tom Peas 12

I

Student Bar Column

by Ted Watts s. b.

Q.

vice-president

T

HE

Student Bar Association will be disbanded in the near future. All representation will be withheld from the student body.

Any administrative decisions to be made will be handled without regard to student opinion. It may come as a shock to the members of this law school but the above situation presently exists.

N

continUing Phi Alpha Delta's fine tradition of ·Service to the studen~ the laW school and the profession," Egan Chapter is proud to announce that we have received the 1968-69 "Outstanding Chapter" Award for District xn (Pa •• N.Y., Del., and N.J.) from the national organization.

This award is in recognition of Egan Chapter's growth in membership and the professional, service and social functions which it performs throughout the academic year. The chapter began this school year with a very successful -Freshman Orientation" program, thanks to the bard work of Vice-Justice Henry MacNicholas and his committee, We also conducted our annual book sale which willbeavaiIable again to all students at the beginning of the second semester.

The future plans of the fraternity are many and varied. In regard to the -Speaker Series: our first guest will be Jack McGinley. a 1967 Duquesne Law graduate and winner of the Trial Moot Court competition that year, He is presently an assistant District Attorney in Pittsburgh. In October the fraternity will initiate approximately 50 pledges in a formal ceremony in the courtroom of the Honorable John G. Brosky. Judge of Common Pleas Court.OD our social calendar we have scbeduled our annual "Fall- and ·Sprtng- dinner dances plus various stag parties throughout the year. We are also in the process of developing an Alumni Executive Board for the purpose of re-establishing professional and social ties with our graduated brothers.

Finally, Egan Chapter is proud to announce the appointment by Justice Pangburn of Professor Patrick Basial as our new Faculty Advisor. Professor Basial was one of the original organizers of Egan Chapter in 1962 and will be a welcome addition to chapter government.

Who is the villlan that deprived us of the ability to have a hand in determining our fate? The answer is fairly evident. There are in excess of 500 such villains presently enrolled at Duquesne Law School r You are the culprit.

The opinion of the masses has always been a powerful force in our society. It lets an individual have a hand in shaping decisions that he might otherwise be unable to affect. The apathy toward student organization here has effectively deprived us of the benefits of majority opinion.

and suffering, not by tally sheets.

1, too, tended to read the numbers withoutfe&ling~ with no sense that each medical studywas teWng abol1t somethillR' more than "bits- 011 computer tape. But just before Labor Day, this year~ at the end of about a 10 day inversion, our famlly drove from Duquesne Law School. along Second Avenue tnHazelwoodtnwud the new Glenwood Bridge. When we passed the blast furnaces at the Jones and Langhl:1n Plant, at the toot of Panther Hollow. it was like driving througll the gates of Hell - into what seemed like it must have been 999,000 ppm of particulates. 802 aIld HfS, with a small amount of air tbrown in.

Will Our

NEAR THE eorner of Second CbUdrea Avenne and Hazelwood Avenue Survive? there Is a pla.yground.• AbouU50r 30 children, ranging in age from about 4 through 12, were playing there" I tried to imagmgraisingcbildren in an atmosphere like that, and what their lungs would be like, 20 years from now. I bad read enough of the numbers so I pretty mucn knew; Twenty years from now one or two of those children may well be dead. The lungs of nearly all the oues that are left will be stck, damaged beyond repair. Probably not a single one ot those children will ever be truly healthy. if they continue to breathe air as it is today In Hazelwood.

The plight of those children got under my skin, and brought the problem bome to me. as no numerical description ever COUld. For the law to allow pollution to continue to do to the lungs ot those cbildren what it is and has been doing would, Indeed. be very close to lega11zed murder.

Twenty more years of such a solution must not be accepted in Allegheny County.

A Complele Line oj Legal Blanks A Complete Line oj Supplies Jor the Lau: Student

The probable reaction of most readers is that we can accomplish little or nothing. This is quite possibly so. However. with the present situation being as it is we are guaranteed of accomplishing absolutely nothing. It seems that just the possibility that our efforts will be successful would be an inducement for student solidarity. A Student Bar that speaks for several hundred of its peers may command some respect. The way things stand It can only guess at what the student body actually wants.

P. O. NALY COMPANY PRINTING· ENGRAVING· STATIONERY

The Student Bar Representative election has recently been completed. Hopefully you have elected someone that you feel is responsible. If there is something going on that is bothering you, let him know. Ideally. we can work up a semblance of communication with every student. Perhaps if the administration knows the Student Bar actually speaks for the majority it will be prone to listen. With a little luck we might get something done around this law school•

Law & Finance Building

Pittsburgh, Pa. 15219

425 Fourth Avenue

Phoaea: 261·0366 261-5841

...

JUR.IS

October. 1969

Page Fourteen

journalist and a noted legal A PROMINENT scholar will be the speaker at two

Prominent Journalist~ Le~al

lectures and discussions to be sponsored by the Law School.

Scholar

On October 27, 1969, from 2:30 to 6:00, Mr. Roderick MacLeish will be at the Law School for a lecture on ·Student Dissent and Protests: Following the lecture, Mr. MacLeish will be available for informal discussion with students. Mr. MacLeish, Commentator for the Washington News Bureau of Group W, Westinghouse Broadcasting Co., Inc. is a veteran news broadcaster and commentator. With Group W since 1955, he organized its Washington News Bureau (1957) and European News Bureau(1959).

As a journalist he has covered four of the five continents. He has covered both the Vietnamese struggle and the Arab-Israeli six day cQPflict of 1967, about which he wrote the book, The Sun Stood StillF

To Give Lectures ¥

'" ~

~~RAVEL SEn y " .......... ,,~.

On November 24, 1969, Allen De r s c how i t z.

ProfessQr of Law at the Harvard Law School will lecture at the Law School at 2: 30 p.m. In the evening he will speak at the Duquesne Union Ballroom, where his topiC will be "Some Fictions about Predictions" in which he will discuss the ability of behavorial scientists to make decisions upon which the law can base decisions. This lecture will be sponsored jointly

by Duquesne Law School and Saint Francis Hospital.

ROD MacLEISH

Ic.at .. ,.

Tw GRANT BUILOING PITTSIU./IIG>1. I'A. IS~I" TEl.EPHONE ~.I·nQO

A noted authority on psychiatry and the law, Professor Derschowitz has a distinguished legal backgrouod. He was Editor-in-Chief of the Yale Law Journal and a clerk for former U,S, Supreme Court Justice Arthur Goldberg.

of tbe

lrreco! beblnd the tin:

commc eoneUi when i eommll Recent of his Honora

OnlyatWPNB can you now get total flexibility • In your

A.C.B.A.

Keogh plan

Pharm AtFb

Under the guidelines set by the A.C.B.A. and WPNB (Trustee), you are now permitted complete freedom of investment choice for your HR-lO retirement funds.

This privilege is granted to every lawyer participant, whether an independent practitioner or a member of a firm.

You may choose your own investment advisor, or consult with our Trust Department on all selections available within the limits of the Act. This broad range covers common stocks, preferred stocks, bonds, mutual funds, life insurance (up to 49%), and savings accountsincluding the various long term 5 % growth programs offered by WPNB. All transactions (including the purchase of life insurance) may be effected through your own broker, or through your Trustee. In either case, you will at all times retain complete control of your HR-lO investments and their apportionments under this unique plan.

For full details, talk with the Allegheny County Bar Association or with Stephen M. Totton, Trust Officer, WPNB. • • • •

tbe co fond

bearde legal p was tl( Twers!

Medr8.l York, body 0 the Mo

Western Pennsylvania National ~ Bank

SAVE ON TAXES BUILD RETIREMENT INCOME INVEST IN LIFE INSURANCE ENLARGE YOUR ESTATE

JURIS

(

MEMl!$lRf'tm:

October, 1969

DeSI that hi law sc Marqut studle! malte f sehola: must ~ was h' Revie'\'!

Jesuit memhE PerSOI finisb

bad,8I

Afte admisl Civil July c

Page Fifteen

by Brian T. Stanny

Aaron Twerski

As

A young boy growing up in Milwaukee, Aaron Twerski, Associate Professor of Law, developed an early interest in the law. This legal fascination came from living with his father, a Hassidic Rabbi, who was viewed in the community as a man of patriarchal wisdom sought after for his advice. Thus the Twerski home was visited by disputing members of the Jewish community bearing what seemed to be irreconcilable problems, and young Aaron "would sit behind the door and listen to the ',trials' going on all the time. Wills were drawn and contested. Domestic problems solved.- Professor Twerski goes on to say.

"My father was extensively trained in the Talmud, which was a valuable legal aid. He also had good. common sense and, above all, was a talented conciliator. Often the judges in the Milwaukee courts when faced with litigating members of my father's community would say 'Send it to Rabbi Twerski.'

Recently the judges of Milwaukee, on the occasion of his seventieth birthday, named my father an Honorary Judge.路 -L

Pharmacy

INTELLECTUALLY stimulated by the s e s e tt 1e men t s of At First controversies and disputes among the community, Prof. Twerski became increasingly fond of the law. However when he began his undergraduate work at the University of Wisconsin, he started out in Pharmacy. He candidly admits that many friends advised against his preparing for law school, insisting that a deeply religiOUS, traditionally bearded, orthodox Jew would be out of place in the legal profession. Soon Twerski decided that Pharmacy was not to his taste and he turned to the Humanities.

Twerski finished his college work in 1962 at Beth Medrash Elyon Research Institute in Monsey, New York, receiving a B.A. degree in the Talmud - the body of Jewish civil and religious law derived from the Mosaic law.

Faculty Profile

rights acts had prompted scores of highly motivated young lawyers to join the Justice Department. In the Civil Rights Division there was a common feeling of working in a moral crusade against the hateful racial injustices of the past. In describing his workfilled but exhilirating year with the Justice Dept.

Professor Twerski says, "None of us limited ourselves to a normal work day. We all threw away the clocks for it just wasn't like going to work. You had a feeling of changing the social landscape." Twerski's first job was to see if the Poll Tax of Virginia violated the Equal Protection Clause of the Constitution. TheState of Virginia claimed that the tax was a necessary test of the citizen's interest in voting. An intensive investigation of Va. politics by the Justice Dept. and the F.B.I. soon revealed that the actual collection of the poll tax was so haphazard that it couldn't possibly test someone's interest in voting. Often tbe poll tax was automatically included in the personal property tax. Tbe poor never paid the personal property tax, and since they had never been told of the poll tax, were prevented from voting. Since it was a cumulative tax, even if they had heard of it often tbe poor simply couldn't afford to pay the tax.

Twerski was in charge of coordinating the materials that were to form a 500 page brief that described how a party machine was perpetuated by a tax that discriminated against poverty, race and lack of education. With tbe aid of this brief, the Supreme Court inHarper v.Virginia Board of Elections declared the tax unconstitutional.

IN THE summer of 1966, Twerski Harvard was to leave the heady atmosphere And of the Justice Dept. for the more Beyond tranquil, reflective life of the campus. He entered the Teaching Fellow Program at the Harvard Law School. During his first seinester at Harvard, Twerski led first year students in seminar discussions covering the entire spectrum of first year courses. In the second semester he worked with Profs. Keeton and Field in the Trial Practice Program given to third year students. This Program consisted of several classroom sessions, e a c h deSigned to examine an isolated problem of trial work. Thus one session would be devoted to crossexamination while another might scrutinize the introduction of demonstrative evidence. At the culmination of the Program a full trial was staged.

Impressed with the results of this Trial Practice Program, Twerski has suggested its introduction into the Duquesne curriculum.

In June of 1967 Professor Twerski said good-bye

Despite his apprehensions, Professor Twerski felt that his interest in the law compelled him to enter law school. In the fall of 1962 he began law school at Marquette University. Having acquired from his studies of the Talmud an analytic mind trained to make fine distinctions coupled with a Spartan sense of scholastic discipline - abilities that all law students must acquire - Prof. Twerski did well in school. He was honored with an editorial position on the Law Review, elected'to Alpha Sigma Nu (the National Jesuit Honor Society), and chosen to assist some members of the faculty in drafting material for the Personal Injury Commentator. Twerski went on to finish second in his class at Marquette; law school had, as he remarks, "turned me on.After his graduation in the Spring of 1965 and admission to the bar, Professor Twerski entered the Civil Rights Division of the Justice Department ill July of 1965. Congress' recent passing of the. civil

JURIS

October, 1969

to the rolling green of Harvard Yard and traveled to the more abrasive environment of a law school centered in an industrial city. Twerski has enjoyed tbe change. He states he has found in the classrooms of Duquesne a lively and stimulating combination of students from diverse educational and life backgrounds in can tr a s t to tIte somewbat homogeneous student body at Harvard. Professor Twerski also mentions that his Duquesne experiences have led him to join tbe educators wbo feel that nigbt law schools have an important place in legal education.

He speaks bighly of the calibre of tbe night students and is impressed with the level of discussion in his night classes.

When one talks to Prof. Twerski or has him in class one is immediately taken with the vast amount of his energy and the intensity of his involvement in whatever be is doing. In the classroom he stalks the aisles while questioning, searcbing for a correct answer; his hands are often in motion, dismissing an out-worn legal precept or summoning a student's opinion; his voice ranges octaves as it expresses delight or disappointment with a student's response.

One could dismiss this as mere professorial sbowmanship to keep book-weary law students on their toes, yet when Twerski talks about bis present plans and Interests it is evident that his classroom style is an example of a real engrossment in the law.

In discussing bis preparations for teaching his courses in Conflict of Laws and Torts, be remarks, "Simply keeping up with the vast amount of new literature in each area keeps me busy. I am fond of Heraclitus' statement that you never step into the same water twice. It's impossible to teach the same coursetwicej the problems of yesterday are not those of today_" Besides teaching, Professor Twerski Is doing writing in areas related to his courses. Eventually he hopes to do some work in the area of legislative reform and in commenting upon these reforms. Mentioning his interest in researching contemporary prOblems, he says,"The concept of the 'ivory tower' scholar is no longer true. If research is ancient history it has only peripheral value." Nevertheless he does feel that there is an advantage in the teacher's being away from the heavy pressures and the day to day work routine of the practiCing lawyer because of the objective perspective the scholar has of tbe legal world.

Professor TWerski states that the lawyer-scholar can be of significant social value if he is "involved, yet has enough detachment to look at the problems objectively. But removal is no longerval1d.Relevance is necessary.路

Pllge Sixteen

Alumni Record L 'S1 Carl F. Meyer ••• bas been elected Vice President-Legal of Joy Manufacturing ComllUlY. Mr. Meyer is a graduate of Carnegie-Mellon University Where he received his degree in Chemical Engineering. Mr. Meyer graduated from the evening division of D u que s n e University Law School in 1957. After graduation be served his clerkship in the law office of George Y. Meyer. his father. His first position after that was as Assistant GeneralAttorney for the Rockwell Manufacturing Company. Mr. Meyer joined Joy Manufa c tur i ng Company in March of 1968. He was appointed to his present position in September of this year.

Mr. Meyer believes that the general Corporate practice of law gives an attorney great eXpOSure to a wide variety of problems.

by

Stephen Goldring

L '29 Josepb W. Givens ••• is presently serving as an Assistant City Solicitor for the City of Pittsburgh.

Mr. Givens graduated from the evening division of Duquesne University Law Scbool in 1929. After graduation he entered the private practice of law. In 1940 Mr. Givens was appointed a Deputy Attorney General for the Commonwealth of Pennsylvania.

Mr. Givens assumed bis present position as assistant city Solicitor in 1963\

Mr. Meyer and his wife and six children live in the Penn Hills section of Pittsburgh.

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L '64 Paul Li . • . is currently serving as a staff attorney for the Administrative office ot the California Courts, a division of the state Judicial Council of California, under the direction of Chief Justice Traynor.

Mr. Givens is a member of the National Association for the Advancement of Colored People, Elks, Masons, and the Urban League.

Mr. Li, a graduate of Maryknoll College in Glen Ellyn, Illinois, attended the day division of Duquesne University School of Law. After graduation in 1964 Mr. Li took the position of Law Clerk for Judge Aldisert, and later joined the law firm of Burkhardt and Procopio. In 1965 Mr. Li moved to California and assumed his present position with the administrative office of the Judicial Council, specializing in Civil Procedure.

Mr. Givens believes that the young attorney today has many more opportunities than he did 'When he entered practice during the Depression.

Mr. Givens stated that the greatest change he bas observed in the Jaw in bis more than forty years of practice Is that the law Is becoming more active in trying to serve the judicial needs of the people.

Mr. Li now lives in Walnut Creek, California with wife and three children, where he is a delegate to the California State Bar Convention, Chairman of the

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Legislative Committee of the San Francisco Barristers Club and Vice-President of the Diablo Valley Montessori Schools Inc. He also serves as a consultant to the State Board of Law Enminers.

Mr. Li teels there is a need for administrators in the Law to introduce methods now used in Business to effectuate a more efficient system of Justice. A step in this direction was taken by the Judicial Council when it recently completely revised the State statutes dealing with Jurisdiction and service or process.

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L '59 Patrick R. TamiUa. • • is currently a candidate for Judge of Common Pleas Court. He is now serving as director of tile Farony Division of the Court of Common Pleas of Allegbeny County. He has worked as a vocational counselor, as a probation officer with the Juvenile Court of Allegheny County, detention home supervisor. referee. and intake officer.

Mr. TamUia was appointed to his present position in 1961.

Mr. TamUia is cbairman 'Jt the Family Law Section of both the Allegheny County and the Pennsylvania Bar Association and a member of the Famny Division Planning Committee, the State Bar's Committee on Crime andJuvenUe Delinquency, and the Mayor's Advisory Committee on Youth. other memberships include the American Judicature Society; the National Council on Crime and Delinquency; the International Society for Criminology; and the Society of St. Vincent DePaul. on which he serves as chairman of the Public Relief Committee and member of the Penal Committee and Board of Directors. He is also a Consultant to Courts on domestic relations administrations and a staff consultant of the Forensic Service of the De{XU'tment of Psychiatry, University of Ptttsburgb School of Medicine, Mr. Tamilia is married to the former Betty Doffler and has two children.

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