Juris Magazine- December, 1969

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J UrIS 路 DUQUESNE

UNIVERSITY,

PITTSBURGH.

PA.

Duquesne Law

Ne';5~~:~Zine

December,1969 Vol. 3, No. 7:

The Subtle Art Of Discrimination - PageB

EDITORIALS

Juris Duquesne University Law School Newsmagazine

Comps and Committees ...

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HE issue of senior comprehensive examinations, whieh had generated so much controversy among students this year, is now a moot one. On November ZO, 1969 the faculty voted to abolish ·comps." Although the issue is now a dead one, a few commentS are in order on its demise, without getting iDto the academic merits or non-merits of the exam Itself. Despite the fact that the last semester of law school has been noted to produce a major epidemic of ·senioritis," the elimination of "comps" assures the student that he will have sufficient time for classroom preparatlaDi job hunting, and extra-curricUlar school activities. Withouttheworryabout taking and passing "camps," it also means that a student more readily can peak himself psychologically for the bar exam. Therefore, the action of the faculty is to be commended as serving not only the best interests of the students but those of the law school as well.

ECiltor-in-Chlef

ROBERT W. GOEHRING

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The faculty has also passed a motion which states:

Bustn_ Manll....

"'MOVED that Faculty Committees sbould honor requests from Law School Students for joint meetings on school problems."

Fut",e Edlto.

FRANK SMIZIK

ALBERT MAIER Alumni Editor

N_Edltor JOHN HOVAN

STEPHEN GOLDRING

Althougll the motion indicates progress in student-faculty eommunication, it does fall soort of defining exactly what type ot voice the students will have. It is hoped that the motion Will be construed as allowing the students permanent seats on committees so ht they may participate in the planning stage of discussions, as well as in the problem solving stage. One such committee is presently being organized by Professor Broughtoo to study the legal research and writing program offered during the first year. Another area that calls for this type student-faculty d1alog is the JXlSsible connection of tile Jaw school With the Implimentation of Pennsylvania Rule at Civil Procedure No. 12.75. This rule, to become effective January I, 1969, would permit upperclass law students. to defend. indigent clients. It is hoped that a faculty-student committee Will be formed in the near future to deal With this.

Am EdltCH' HARVEY EGER

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CIrculation Man_ ANTHONY POPECK

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Adwrtmng Mana,_ RICHARD CHAMPNEY

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CorruponCIlng Editor

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MATTHEW VON STAUDACH

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Staff Memblln: ELMER BEATTY, CLAUDE CARSON. FRANK COLUNS, JOSEPH HOPPER, ROBERT JOSEPH, STEVE MARC/NeIN, OAN PELLEGARINI. E.+tEARS POLLOCK, BRIAN T. STANNV, AND ROBERT WAEGER.

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one S. B. A. Auoclate: TOM SCOTT

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For~otten

JOHN J.SC! ULLO and NICHOLAS J. OEMAS

Americans

AREPLY has been made to' the Forgotten Americans and It bears repeating: Sen. Jacob Ja'Vlts. New York Republican. in a Harvatdspeeeh:

oot .

Middle Americans' see.' themselves as being taken' for grante!1 •.• I simply do believe this is so. After all. the Middle American was Qoce tile bae~bone'of the so-called New Deal coalition. ,And.,' as such, he was the Victor to whom went the spoils of the Great Depression battles for SocIal Security. for the minimum wage, for work relief programs, for home ownership incentives, and for the Fair Labor Practices Act. And he was the deservedly heralded hero 01 World \Var n arid the carefully looked-atter veteran of the late '40s and the '50s.

The legacy ot· all the,se programs is still in effect, and the Middle Amerieans - as grieved as they may feel today.... Qre still the beneficiaries, as are his more disadvantaged fellow Americans.

Wbat we have experienced in the '60s is not so much tile conscious neglect of the MIddle Americans, but the deternlinedeffortofthe Federal Government to begin providing the civil rights, welfare programs and man-power education and bonsing opportunities to the poor and the nonWhites who came to demand a larger share - and I might say a deservedly larger share of the American dream.

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JURIS is II. publication of the Duquesne University School of Law, Correspondence may be addressed to J URIS, School of Law, 600 Forbes Avenue Pittsburgh, Pennsylvania. 15219 Telepbone 471-4600, Ext. 371 Copyright © Duquesne University. 1969

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JURIS

December, 1969

Duquesne Wins Regional Appellate Moot Court Competition

...

Lorraine Mullen

Michael Reilly

~ Prof. Alfred Pelaez

DUQUESNE University Law School was represented on November 7th and 8th, 1969 at the Regional Rounds of the 20th Annual National Appellate Moot Court Competition by a day student, Lorraine F. Mullen, and a night student, Michael J. Reilly.

These two individuals formed one of the most wellbalanced and awesome appellate teams to ever represent Duquesne Law School.

Duquesne Dominates

TOGETHER Lorraine and Mike won first place for the best team In achieving this feat, they participated in a round-robin competition, defeating Seton Hall of N.J. in the first round; Rutgers U. 01 Newark, N.J. in the second round; Dickinson of Carlisle, Pa. in the semi-fInals; and Rutgers U. of Camden, N.J. in the finals. They also won first place for the best written brief, and individually Michael J. Reilly won the award for the best oral argument in the final round.

The Regionals were jointly sponsored by the Dauphin County Bar Association and the Dauphin County Association of Young Lawyers. The Regional Rounds have never been completely dominated by one school as they were this year by Duquesne.

The competition was open to law schools in Pennsylvania, New Jersey, and Delaware. Those schools that participated were~ Dickinson, Duquesne, The University of Pittsburgh, Rutgers U. of Camden, N.J., Rutgers U. of Newark, N.J., Seton Hall, and TemplEl U. The finals were judged by the following: Justice Samuel J. Roberts of the Pennsylvania Supreme Court; Superior Court Judge J. Sydney Hoffman; Chief Judge Michael H. Sheridan of the Middle District Federal Court; Wm. H. Eckert of Pittsburgh, President of Pennsylvania Bar Assoc.; and Thoma..'> M. Kerr Jr., Presidentofthe AmericanCivil Liberties Union.

The runner-up spot was won by Rutgers U. School of Law, Camden, N.J. The subject for competition involved the constitutional rights of student protestors at aprivate university. The question involved was: Whether or not a private university has a right to expel its students through a hearing lacking certain aspects of Due Process.

Written Brief

ONE of the keys to Duquesne's success was its written brief.

The Key Realizing that in the past this was Duquesne's biggest weakness, Lorraine and Mike spent many hours researching, discussing and writing their arguments for the regional competition. Following the advice of Professor Alfred Pelaez (the faculty advisor for the Appellate Moot Court), Lorraine and Mike attempted to write an -attorney's brief", not a scholarly brief akin to a law review article. The results evidence

By JOHN HOVAN, News Editor the wisdom of Professor Pelaez's insistance upon an argumentative type brief.

In speaking of this year's team Professor Pelaez stated: "Their preparation was thorough and they were good on their feet. I would presently rank them in the top of Allegheny County's Appellate attorneys. They are extraordinarily good, and they did it all on their own. The competition this year was of an infinitely higher calibre than that of recent years, and we still won.Professor Pelaez added, "I was absolutely amazed at Miss Mullen. She dispelled all prejudices I bad about female attorneys. She argued more forcefully than I ever thought any female could. She fielded all Questions like a pro. She and Mike complimented each other well; they are the best I've seen in four year.Michael J. Reilly, the male counter-part of th!l; year's team, is a fourth year night student. He is single and resides at 3111 Landis st., Pgh., Pa. While in high school Mike belonged to a Forensic League that helped to develop his speaking talents.

He graduated from Georgetown University in 1964 with a degree in History. Mike then worked with National Cash Register for a brief time -and was eventually selected as a city patrolman for Allegheny County in June 6, 1966, An Easy Going Detective

PRESENTL Y, Mike works as an Allegheny County De t e c t i v e assigned to homocide. Mike likes police work and law school. He is a modest man with a sincere belief in helping people in the Creal world," He is easy-going and yet argumentative. He thinks his present position as a detective has enabled him to study human nature and learn first-hand the problems of a big city.

Eventually, Mike would like to become involved in trial work.

Mike strongly believes in the present Appellate Moot Court Program. In his view the voluntary participation alter the JIlandatory first round allows the most interested and most competitive students to participate. Mike stated, "The experiences obtained from participation in this program are well worth any sacrifices. - Mike continued, -To orally advocate your position, to defend it before top.-notch legal minds, and to attempt to convince them that it is the correct position is an intellectually challenging experience that brings great satisfaction.· Of his pj.rtner. Mike stated, ·She was fantastic, she had the most difficult issue, and she argued so forcefully in establishing a •justiciable issue' and 'jurisdiction' that I was able to argue at ease.· JURIS

December, 1969

THE (eminine balf of the duo that swept the Regional Rounds of the _ Annual National Ap.pellate Moot Court Competitionis Lorraine F. Mullen. a female law student in the third year day class. Sberesides at 703 Wlndermer Ave., Drexel Hill, PI.. LorraJne attended Arehbisbop Prendergast High SChool,. bae debaters were the champions of the Philadelpbia region. Lorraine was 011 that team and represented ber high school in the National Finals for tdgh school debators. Thus, the up-coming National Finals in tbe Appellate Moot Court Competition are old-bat to Lorraine.

A Hard Working Female

While teaching the fifth grade at Sacred Manoa, Pa.. Lorraine graduated from the division of St. Joseph's College in three and a years. It is interesting to note that Lorraine and Mike both majored in history at Jesuit universities.

In the three years tbat she bas been at Duquesne, Lorraine has continued working night and day (attending classes during the day and serving as a Resident Advisor in st. Ann's dormitory at night).

Upon graduation Lorraine would Uke to doappellate and trial work.

Both Mike and Lorraine would like to thank: Professor Pelaez for Ids advice; Pro!essorTwerskiwho gave untiringly of his time; Eugene Fignar (a Moot Court Finalist wbo was drafted); Carl Jobnston and Fred Traynor whose competition and assistance served in sharpening the arguments of this year's team; and finally, special thanks to last year's Appellate Moot Court Board (especially Ralph Davies and Dennis Mankin) for the time that they gave to achieve uniform results throughout the competition.

The success of Mike and Lorraine points to the advantages of Jmticipation in the Appellate Moot Court Competition. According to Professor Pelaez, one of the criteria future employers watch closely is the Appellate Program. Professor Pelaez stated, "Both of this year's finalists have increased their marketability upon graduation.Beyond this, however. the success of Lorraine a41d Mike indicates the satisfaction that can be achieved from full participation. Not only are the results gratifying, but the entire legal eommllllity admires and respects good appellate advocates.

For the sacrifices they have made and for the type of people that they are - JURIS thanks Lorraine F. Mullen and Michael J. Reilly for a job weU-done and wishes them luck in Natiooal Finals at New York on December 17, 18, 19 and &0, 1969.

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Censorship, Pornography And Anti-Social Behavior

By DAVID PICKER '70 & WAYNE DIETRICH '69

The fact that obscene publications are not protected by the constitutional guarantees of freedom of speech and press, and also, that obscenity laws are for the general welfare of the people seems to be the basis of justification for the obscenity laws. However. in connection with the welfare clause of the Constitution, tbere must be a protection from some harm as the basis for the laws, and usually the burden of proving the harm protected, is on the state. Freedman n.

Margland. (1965), However, this does not seem to have been the case as stated in the recent case of GinzIJerg n. New York (1968): To be sure. there is no lack of •studies' which purport to demonstrate that obscenity is or is not • 0. basic factor in impairing the ethical and moral development of ._ .. lIouth and a dear and 'Present danger to the people of the state.' But the growing consensus of commentators is that while tllese studies all agree that a causal link lias not been demonstrated, they are equa!ly agreed that a causal link has not been disproved eitller.

LOOKING to the Supreme Court decisions it is clear that censorship laws will be held constitutional as long as the law meets the court's standards for constitutionality. The question presented is, has the court been correct in exempting obscenity from the protection of the First Amendment? A main reason for holding that 0 b s c en it y is not constitutionality protected is that exposure to obscenity may lead to anti-social conduct. Does there exist a causal relationship between obscenity and anti-social behavior which would justify taking obscenity out of the areas of constitutionally protected speech and press? This is the question which tbis article will explore, A Causal Relationship?

HE Supreme Court has held in Jacobellis v.

O/lio (1964) that the question of what is and

what Is not ·obscene" is ultimately a question of constitutional law and that the Supreme Court of the United States is therefore the final arbiter of "obscenity," The standards as to what is or is not obscene were set out in the case of Roth v. U.S. (1957) and have been applied in subsequent cases.

Under the Roth definition, the elements of obscenity are: l.)the dominant theme of the material taken as a whole appeals to the purlent interest in sex, 2.} the material is patently offensive because it affronts contemporary community standards relating to the description or portrayal of sexual matters, and 3.) the material is utterly without redeeming social value.

Does exposure to pornography cause conduct which may be harmful to the community? Since this is a behavioral question, the first place one looks for aD answer is to some of the behavioral science investigations.

In a survey of 100 inmates of a penal institution.

12% stated that movies stirred them sexually. Nineteen indicated that an exciting pieture makes them want to make love to a girl; 35% said movies taught them how to flirt, kiss and make love. In a sample of 252 delinquent girls, said they had felt like making love after they had seen a passionate love picture; 25% said they engaged in sexual relations after becoming sexually aroused at a movie.l

The test for obscenity as related to minors is similar. except that it is adjusted to· social realities" by permitting the appeal of this type of material to be assessed in the terms of the sexual interests of minors. Ginzberg I). New York. (1968). However, there is one important difference in the standard; that is, when applied to minors the test states tbat the patent offensiveness is determined by the prevailing standards in the adult community as a whole With respect to what is suitable material for minors.

The justification for the law applicable to minors is that it is the State's exigent interest in preventing distribution to children of objectionable material, and it can exercise its power to protect the health, safety, welfare and morals of its community by barring the distribution to children of books recognized to be suitable for adults, Also, wherever there is an invasion of protected freedoms, the power ofthe state to control the conduct of children reaches beyond the scope of its authority over adults, Prince v. Massacllusetts.

(1944).

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anti-social behavoir are all subject to various interpretations. Since this area is basically Involved with anti-sooial sexual acts, and since what is sexually proper Is an always changing concept, for the purpose of this article It is best to limit this concept to non-consensual behavoir; that is, conduet which is defined as criminal and tor which individuals are normally prosecuted.

Before attempting to answer this question, it should be noted that the terms obscenity, pornography, and

JURIS

December, 1969

What does this investigation show? It doesu't really show these individuals engaged in anti-social conduct because of these movies; it basically shows that these individuals were sexually aroused by the movies.

But even assuming that if a criminal views certain movies he will engage in anti-social conduct. does this justify restricting what a non-criminal may view at a movie?

One interviewer questioned 100 luvenUedelinquents (16 to 21 yrs, old) at Cook COUl'lty Prison, Illinois.

The deUnquents were asked what effect TV, radio. movies, sex, and pornography played in his committing an offense wbich resulted in bls impr:lsonment.

Fourteen percent said they were habitually sexually excited by pornographic materials which depicted sex acts whicb they bad read; some said they sought sexual relief. None of the subjects who had been charged with criminal sexual bebavior reported that his crime was linked to the viewing oftbese materials.2 This iniestigatiou lends support to the idea that certain individuals (bere juvenUe delinquents) are sexually excited by pornography. The importance of this investigation for our purposes, :Is tbat none of the individuals questioned who had committed sex crimes felt that there was a causal connection between their crime and the pornography they had read. This result would lend support to the conclusion that exposure to obscenity does not lead to anti-socia] behavior.

The Kinsey Report

IN one of Kinsey's surveys males and females were questioned as to their sexual response to various psychosexual stimuli.S See Table No, 1. The results of this survey indicate that there is a sexual response to psychosexual stimuli In some individuals; with the majority of individuals there was no major response. There was no clear trend which would support any specific type of censorship; some reacted to one specific stimuli whUe some individuals reacted to other stimuli. Also, males and females reacted differently to different stimuli•

What does Kinsey's report do for our problem?

It would seem to show that general legislation regulating all psychosexual stimuli would be too broad because only certain individuals are affected by certain stimUli. This survey only shows that II sexual response may occur in an individual; it does not display that an individual will engage in any overi anti-social conduct. Kinsey shows there may be ~ sexual arousal, but does not show there will be aDJ sexual activity; most important, it does not displ!!.] that there will be any anti-social sexual or crimina activity.

According to a 1935 survey by two Europea investigators, there does exist a relationship betweel the choice of reading matter and the nature of crimI for which a sample of male prisoners had beel committed: murderers prefer high grade Informatiol books and adventure stories, swindlers prefer Ugh novels, thieves prefer ·practical culture- books, aD sex offenders show a preference for ·sex books,How does this survey help the discussion? It merel shows that individuals with a particular trait ar

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interested in a particular type of reading material.

The survey does not show that the reading or the material led to the crime; that is, no causal connection bas been estabUshed which would justify censoring books to avoid anti-social behavior. For example, this investigation does not show that keeping adventure stories away from murderers will stop the murders.

One interesting type of test which bas been given are the various Thematic Apperception Tests.5 In these tests individuals are shown a picture and then asked to write a story; the conditions under which the test is given are varied. One test showed males a picture of a nude female; some were shown the picture in a classroom while others were shown it at a beer party. Some were shown the picture by young instructors while others were shown by more elderly men. The results varied according to the circumstances under which the individuals were tested.

What does this result mean for our purposes? The test shows that the potential effect of a sexual stimulus is affected by the conditions under which the individual contacts the material, as well as the erotic content of the material observed. Would this result notIessen the justification for general obscenity legislation?

Maybe it should be considered where and under what conditions the material is being viewed and censor it accordingly. Again, this investigation does not show a causal connection between the pornography and the overt anti-social conduct.

FROM these studies it seems clear that certain conclusions may drawn. Exposure to obscenity affects different people in various ways; the effect varies with the circumstances under which the exposure took place.

The physiological and psychologic,al makeup of the individual makes for different responses to various stimuli; an Carousal- will occur varying with the type of material and the type of individual.

Different People, Different Effects

Regrettably, these investigations really don't help our query. They do not show us that the reading of or viewing of illicit sexual acts will lead to anti-social conduct, they fall short of the main question. An -arousal- is only thought. Criminal laws regulate conduct, not thought. Therefore, we need to know if there is a link from the thought to the overt behavior.

Obviously. we are right back where we started; we need our ever-missing causal connection. Since the available data does not tell us. we decided to turn to the experts of the human mind - the psychiatrists.

TO do this. a questionnaire was sent to Pittsburgh area psychiatrists; various questions were asked which were keyed to solving the dilemma. The following questions were asked: A Questionnaire

1. Do you believe a definite relationship exists between the viewing of nudes and anti-social conduct?

2. Do you believe a definite relationship exists between the observing of genitalia and anti-social conduct?

3. Do you believe a definite relationship exists between the viewing of commercial films and antisocial conduct?

4. Do you believe a definite relationship exists between viewing of Burlesque and floor shows and anti-social conduct?

5. Do you believe a definite relationship exists between observing sex acts and anti-social conduct?

6. Do you believe that the material one reads directly affects one's conduct?

7. Do you believe that a direct relationship exists between the reading of erotic storIes and anti-social conduct?

8. Do you believe that the effect of numbers 1 to 7 in leading to anti-social conduct are increased with individuals under 18 years of age?

9. Do you believe that anti-ohscenity legislation is justifiable on the basis that psychosexual stimuli causes anti-social conduct?

10. Have you ever come into contact with a case of anti-social activity wbere you felt the activity was directly caused by the patients reading pornographic material?

11. Do you feel an individual who does not bave anti-social characteristics (criminal, homosexual. ete.) is more easily influenced by pornographic materials?

12. Do you feel a -normal- psychological individual may be detrimentally affected by reading pornographic .material? .

13. Do you believe pornography is beneficial in that it relieves certain anxieties which would have led to anti-social activity if not released?

14. Are you in favor of anti-obscenity legislation for minors?

15. Are you in favor of anti-obscenity legislation for adults?

16. Do you feel it is constitutional to restrict what the general public may read or see?

Now. let us explore the results of this survey using the Allegheny County area as representative of th~. country as a whole. In response to the first question we asked, 80% of the psychiatrists who answered the question felt that there is no definite relationship between viewing nudes and anti-social conduct. This is a strong indication that possibly there is no basis for the justification of obscenity legislation, and that the government is taking away someone's freedoms of speech and press discriminatorily and unreasonably.

Other strong indicia came in questions #2, 3, and 4 where the majority of our responses were that antisocial conduct was not directly related to the observing of genitalia (80%), the viewing of commercial films (84%), and the viewing of Burlesque and floor shows (80%). The responses to these first four questions. coupled with the responses to the fifth and sixth questions, may also indicate that a liberalization of the obscenity laws is in order, or at least a clarification of those things banned by those laws.

In the fifth and sixtb questions, the responses were not as one-sided. There were only 64% of the psychiatrists Who answered the question, who thought that there was no definite relationship between observing sex acts and anti-social conduct. And only 60% of the psychiatrists answering question six felt that there was no direct effect upon one's conduct by the material he reads. However, if this latter question were as close as it appears, that would indicate that criminal stories and reading matter should be banned because they too lead to criminal conduct. The former question seems to indicate that maybe there is a need for a distinction between erotic realism and -hard core- pornography.

pointed out very ably in

by Drs. Eberhard and Phyllis Kronhausen, 6; however, that is notthe subject at hand, the subject at hand is the law and the situation as it presently stands. This work by Drs. Kronhausen and Eberhard is important, however, for other reasons. One is that as J.W. Erlich states in the foreword that -Readers react to their own sexual tastes,- also, 路Without proven research on the effects, no one wishes to give free license for the publication of obscene works. - But, here again we are faced with that allusive word obscene. Throughout this book. the authors discuss the lack of dependable research data on the possible effect of erotic reading matter.

This article is an attempt to change that situation.

This

distinction is

Pornography and the Law

Majority

REGARDING this lackofresearch data on the possible effect of Says No Relat10llship erotic reading matter, 76% of the psychiatrists answering the question felt that there is no direct relationship between reading erotic stories and anti-social conduct. This seems to indicate that, at least in the Allegheny County area, there is a good argument for not having obscenity laws. However, it may be said that these percentages are not based on a large enongh sample to truly indicate that the laws are noUor the protection of the general welfare of the people, and wen that may be.

JURIS

December. 1969

The eighth question, which relates the first seven to minors was answered by 64% stating tbat the effect of the material on individuals under 18 is not any greater than the effect it has upon adults; tbat is, the chances of anti-social conduct occurring is not any greater. This is an indication that obscenity laws should not be stricter for minors. This seems to disprove the rationale of the 1968 Gmzberg Case Which stated that the state had a greater leeway in legislating for the protection or minors than it does for adults - at least in the area of censorsbip legislation.

Dr. E.H. Davis. Director or the Behavior Clinic of the Criminal Court of Allegheny Count! felt that there was really no greater danger of harm to minors from exposure to obscenity; rather. he felt that the basis for special legislation for minors in the area, is due to the anxiety of parents to protect their children. It would seem that the anxiety of parents is a weak reason for limiting the collStitutiOnal rights of the First Amendment; especially. since the result of question eight shows that the fear of the parents is not completely justified.

With question number nine we were trying to determine whether or not the psychiatrists felt that the relatiollShip between psychosexual stimuli and anti-social conduct justified anti-obscenity legislation.

Given the fact that the psychosexual stimuli does cause an arousal, we tried to see it the doctors felt this arousal led to anti-social conduct. Eightypercent of the doctors answered in the negative. This result would not necessarUy in itself, disprove a relationship; but, it does show that the psychiatrists don't feel it is great enongh to justify censorship laws.

Actual Cases?

IN question ten, we wanted to know if the doctor bad come into contact with any actual case where the individual did engage in anti-social conduct directly because of reading pornographic material.

Again, 80% answered in the negative; however, here the 20% minority becomes significant. According to the returns. approximately one out of five doctors came into contact with a case where a causal relationship was clear. Assuming these were different patients, spreading this result out on It wide basis. it would seem that pornography is baving a sufficient -cOlltiJlued

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Protection for Computer Discoveries:

I

N an examination based patent system such as that of the United states, in contrast to a registration based patent system, two unique problems are presented when the government agency charged with issuing patents is confronted with a new technology exhibiting explosive commercial growth. With recent extensive digital computer developments, the United states Patent Office has had to respond to many patent .applications for computer programs while it is not staffed to handle the work load which this technology growth portends and while there are doubts in the minds of many whether this new technology of computer programs is within the ambit of contributions to society which are intended protection by identification as presum'ptively valid inventions. To meet these problems, the United states Patent Office coneluded in 1966 that most computer programs which it identified as "algorithm" programs were not within the meaning of congressionally defined patentable subject matter. This conelusion would neatly sweep both problems aside as computer program appUcations could be summarily dispensed without reaching the issue of inventive quality and without requiring extensive Patent Office consideration. The position of the Patent Office has been widely challenged by advocates of patent protection for computer programs; and recent direct challenges have met with some success in the courts.

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Patenting Programs in the United States

In order to understand how the United States Patent Office can and should respond to patent applications for computer programs, which are essentially information processing schemes and devices, it is necessary to place ourselves in the context of computer technology as well as the patent system.

by E. Kears Pollack

COMPUTERS fall intotwogeneral classifications: analog and digital.

Our interest here is primarily Digital iii the digital computers of recent development which can accept and communicate information in human readable form as wen as process information by processing representative electrical bits by massive electronic switching circuit combinations and magnetic core storage devices.

Programs are essentially sets of sequential switching combinations which direct the internal routing of representative kits of electrical information.

Programs may be physically placed in a computer by patch wiring as in the early post World War n computers or may be inserted into a computer by some electro-mechanical device which causes coded instructions to be stored in the computer as magnetic states which may be detected by appropriate electronic circuits when the starting circuit is completed.

Analog

And

There are two general classifications of programs.

Those which define all signal handling in the computer circuits and provide basic switching combinations to translate use r programs into switching combinations are called system programs. Other programs which are called applications programs generally appear as mathematical algorithms related to information processing external to any computer but coded to be read by the electro-mechanical readers associated with computers. These programs are the source of the Patent Office's dual problem. Not only are programs of this type being written in great quantity, but the nature of these programs is so similar to the logical thought processes of a human mind that is questionable whether it would be futile or even proper that the patent system should be raised to protect their discoverers by limiting their use.

Under the United States Constitution Article I. Section 8, the Congress is empowered to provide for enforcing the exclusion of others from use of the property rights an inventor has in his invention.

Congress is, however, not required to exercise this power with respect to all inventions and the Congress has, in fact, provided a limiting defInition of patentable subject matter. Patentable subject matter has been confined to processes. machines, articles of manufacture and compoSitions of matter by the 1952 Patent Act.

JURIS

December, 1969

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At the time Congress defined patentable subject the judicially announced fiat that mental process could not be patented was accepted by the implications of legtslative history and engra1ted implicitly into the Act. The arguments ofth e proponents of patents for computer programs emphasize that "process' is not a narrow concept:.

In fact since the late nineteenth century processes acting upon both material' and energy have been recognized as processes within the lIleaning intended for patenting. Nevertheless, the. processing of information per se bas been consistently found to be excluded. and the Court of customs and Patent Appeals stated in 1951 that, -it is self·evident that thought is not patentable." matter~

Is It.

THE position of the Patent Office bas been that mathematical processes fail as statutory processes, for their novelty, 'if any, lies in mental steps, In a case appealed to the Court of Customs and Patent Appeals in 1968' (in re Prater aac! Wei), the Patent Office was overruled In its rejection of process claims to a mathematieaI process where the applicant disclosed a novel apparatus on which to perform the process and separately claimed the apparatus. The court did not overrule prior decisions that mental step processes are unpatentable, but distinguished those cases where no apparatus for carrying out the process was separately claimed in the same application. This leaves unsettled the question of whether a computer program to be performed on an existing rather than a novel apparatus can be patented.

Novel?

It !

Even before this most recent case it was possible to patent computer programs if the claims were so narrow as to be defined as the processing of energy by electronic circuits in order to obtain the information proceSSing function, but not broadly protecting that function itself.

Information processing schemes have long been effectively protected by machine claims for machines having a particular mode of information processing inherently included, While this implicit process protection exists in machine claims, it has been more difficult to obtain machine claims for the computer program itself as a machine. It is apparently. distinguished by a few that the punched cards or written instructions representing a program are no more the operative program than .a blueprint is identically the machine it represents. If the approach is used that a programmed computer is a new combination machine compared with an unprogrammed or differently programmed machine, a question of novelty is raised. To obtain the protection of the patent system the claimed combination machine must exhibit a new cooperation between the old machine and the new program. In many instances where a standard computer is programmed by a novel mathematical algorithm the computer-program interaction will produce no unexpected results and novelty of the combination may be difficult to establish.

Patentable As Macbines

IN the United States today some, but not all, computer programs may be patentable subject matter as processes or machines.

Process claims, to be valid, must not be in the form of mental steps, except that it is now permissible to read the process claim with an associated machine

a.. claim, if any, to establish that a mental function occurring in nature is to be performed in a manner not existing in nature and thereby confer patentability upon the process itself. It is evident then that those programs most· intimately connected with computer hardware, those systems programs which direct specific hardware responses, are quite likely to be patentable as machines. It still seems unlikely that many of the applications programs, which are the bulk of all programs written, will be patentable at all unless they are presented in combination with novel apparatus rather than as detailed mathematical algorithms.

Following the most recent cases, the response of the United states Patent Office to its patent applications for computer program inventions must be to examine the merits carefully, rather than to summarily. disJlQse of the application with a rejection based upon a determination of unpatentable subject matter. While this imposes additional work upon the Office, this obstacle alone should be no bar to the approach; for if an examination based patent system is to perform its function of determiniUg not only the inventor but inventive quality of applications, it must examine the merits of each case and reject applications, not on generic technology, but for individnal failure to define an invention.

Program Monopolies And Society

THE position that algorithmic programs taken separately should not be patentable, however. seems altogether reasonable. The purpose of the patent system is to benefit society generally. Monopolies for inventors exploitation of their inventions have not been intended as reward for the efforts of inventors but rather to induce the disclosure of new and useful advances to the public.

No reward is intended for those who keep their discoveries to themselves for with respect to the society at large they have made no discovery having failed to communica.te it to others. The discovery intended for protection by the patent system must go beyond that characterized by observing a phenomena

'" JURIS

December, 1969

and communicating it to the: society. To conclude otherwise would sUggest that natural phenomena in their raw state could be encumbered by propert) rights In the first person to -discover' them in the sense of describing them in a meaningful communicative fashion-mathematical or otber~.

For society to benefit from an inventor's contribution the society must obtain some eapabllity it did ha~~ before. WhOe discovery of improved communieative knowledge about naturalphenom~na may ease useful developments, . standing aJonew1thout more, the communicative knowledge does not alter Dature to the benefit of society. Coosideringthat the grant of the government to an inventor for bi$ contribution is to stand behind bim in excluding others from using his invention, it would be untenable, both Qecause of its nnerdoreeabluty and its repugnance to humanistic phUosophy. to attempt to prevent buman thought as would be required If communicative discoveries were protected. from use by other persoos than the discoverer.

Coocluslou

IT is, therefore, reasoDaJ)lethat

the protection of the United States patent system· should be denied to computer programs claimed in the form 01 novel mathematicalalgorlthms representing a Simulation of nature. However.• wbere the algorithm is ~ressed matbemaUeallybut in reality is a procesl!! which woul<) never be' done in the human mind, such as iterative processes designed solely for. computer operation, it would seem reasonable to permit Its patelltingin a most lnelusive form.

This seems now to be the position of the United States Patent Office. A computer program will not be rejected because it is a computer program having the superficial characteristics of a mental process done by machine. IlIStead the nature of the program will be examined and if the program truly accomplishes its function • outs ide of nature' in a novel fashion patent protection will be granted.

Pas

tI 0. ISCrlmlDa 100-'

Wltat is needed is acti01l to create a1l eamtOllment in which it is more natfltal to help O1Ie's ma1l tkat to profit trom Aim. For as tAe· social, n01l· profit and aestltetic sectdrs of societu e:r:"01Id. more and more pe(}1Jle will be able to live tAeit liVes and 63;press tkentsel'06s i1l the actual practice of a CO(}1Jerative. rather tAa1l a competitive etlde.

And tAat fact will he tAe most 'POwer/fl.l Setm01l 01 aU, - MICHAEL HARRINGTON

R

ECENT demonstrations .hY the Pittsburgh Blaek Coalition against local labor organizations I1nd the Master BUilders Association, have accentuated certain incessant controversies that have been neglected, Ignored, repressed, and concealed from public scrutiny for too long a duration. The methodology of discrimination in employment frequently operates in such a subtle manner that the victim has no way of comprehending the forces whlcb bave adversely affected his employment status; and therefore, since the employee'S available avenues of aid to redreSS his grievances are scarce. the usual result is another addition to the welfare list or another recipient of unemployment compensation. The slgnificanee of job discrimination has ramifications not only for welfare payrolls; the POSSible consequenoes permeate all sectors of society and fUnction in such fashion so as to defraud the victim of '8 semblance of self respect and human dignity_ This authorts purpose is not to instill a social conscience or a social awareness in businessmen or any other reader. but it is to air some views on a precarious situation, and hopefully. to shed some insights into controversies which cannot be Intelligently settled Without the oompassionate understanding of the public, or without the affirmative solicitation of minority group members by employers.

Furthermore, this article will oot plead for -handouts" to the poor and the lazy. but will demand that all individuals be granted an equal employment opportunity _ CiYll

TITLE W of the Clvil. Rights Act of 1964, See. 703, makes it an unlawful employment prattiee by or 1964 an employer, employment agency. or a labor otganization to "fail or refuse to hire, (to exclude from memberShip.) 01' to discharge any individual or otherWiSe. to. diSctiminate against any individulll with respect to his.. • • conditions .... hecause of such Individual's race, color, religion, sex, or, national origin." The law does not govern the diScriminatory conduct of employers who operate With less than 25 employees for each. working day in each of twenty or more calendar weeks in the current or preceeding calendar . year. Also, religious corporations,. the United States. or any corporation wholly owned by the United states. Indian tribes, States or political SUbdivisionS. of a. Smte. and bona fide private membership clubS, Ilie exempt.

Rights Act

The Equal Employment OpportuMty Commission was created by the Civil Rights Act as the administrative agency empowered to enforce the law.

The grievanee procedure established by the act functions in the follo..,fng manner, it an individual believes that he bas been discriminated against, he may contact I regional offiee of the CommIssion and file a complaittt; thEl regional office will then dispatch an investigator to gather evidence pertinent to the alleged discriminatory action; the investigator compiles the evideneelnto a Final Investigation Report and sends it to the Commission's headquarters in Washington, D.C,; the main office reviews the evidence and determines whether or not there is "reasonable cause" to believe. the employer has violated. the Civil Rights Act; the decision is returned

to the regional oft'1ceand the aggrieved ptrty It informed of the result; if a • cause decision" has been rendered, the regional offiee will send a coneiUator to the employer and attempt to obtain II. reeonciliation of tbeeonfilet whioh is satisfactory to the employee and the employer; if no settlement is. readied, the Commission's job bas terminated. but the employee may resort to civIl action through the courts; if a "no cause" decision is rendered, the Commission's duties cease at this poll1t. An examination of the disc1'tminatory . cbarged tiled With the Equal Employment OJ:lportunfty Commission Is relevant at this time, to demonstrate the means utilized by employers to systematically deny minorities an equal employment opportunity. Critlcs of this article will assert that the foUpwing information is merely speculative, rare. and. probably "only .one man's opinion." Such critleisIfi would be valid if It were not for the fact that the Comm:ission has. a backlog of 4000 cases. of. alleged discrimination from all parts of the country and cases continue to pour into the headquarters at a rate of 90 to 150 per week.

Significantly. the cases are extremely similar in their charges of discrimination. Therefore, only representative situations will be cited with the expecmtion that critics will appreciate the fact that these examples of discrimination were not publicly known before 1964 because the devices utilized were not unlawful prior to the }:aSsage of the CiVil Rights Act•. The .oases to be illustrated are not rare. but instead. they clearly exemplify the normal stratagem exercised by employers.

Preliminary .£xandnations

THE . sophisticated methodology job discrimination is subtle for tbe rea son that hiring procedures and working conditions are apparently

JURIS

of

December, 1969

valid on their face but haw Inherent mechanisms constructed Into the system whicb have tbe effect of being unduly discriminatory agalnst mi!tnrlttv,rt'Ol:ln members. Manifestly. the most effeoti'e ('!nl1ltrt1ml'll~g used by labor unions and employers alike are preliminary examinations wbicb the applicant must pas·s before memberShip or employment is _'>1'1'1'11<'1 The Commission reqUires that the exams "valid, " that lS, there must. be It correlation between the netesstty minimum score and the predictabutty of a de~irable It the exam is valid, it is considered it may discriminate against a Therefore, Bueb a probe does not Violate Rights Act. Nevertheless. a of the Commission's cases illuminates the that with rare exception, any test which has effect normally discriminates in an UDla:wtuJ Moreover. if there is a demonstration of the examts unequivocally establisbed. For~xampte, appil1e~mts for personnel or administrative positions are usuany required to take an exam designed determine the examineets ability to. assocmte and communicate with. other people. .The frequently canvass the social ,aluas and o.f the indiVidual. Sneb things as knowledge of mustc, art, and literature are requested, even though these areas may be remotely related to duties of tbe desired posltion. The applicant's score must satisfy an Ideal employee standard Which is usually a person with typioally a White, middle-class, values.1II Moreover. in the event that a minority group member .~ufflciently meets the criterion, most employers reason that the applicant bas thedesirablepersonaUty traits and therefore is employable. It is ooteworthy 'that minorities, especially those members Who l1ve

Employment

By ELMER BEATTY

constructed, the results ascertaining the of Examinations be del.iglled wttn one eye employees will be the community from recruited so as to avoid discrimination against lucal minorities. Questions asked and the information sought should be phrased narrowly in order to reveal only valid job qualifications, disregarding race, religion, color, national origin, or sex. Probably the most innovative modus operandi an employer eould implement would be the affirmative recruitment of qualified minority group members. Voluntary adherence by trade unions and employers to the underlYing principles of "Philadelphia Plan,'"* currently under study by Departments of Labor and Justice as to its constitutionality, would be an enormous stride toward the attainment of this end.

Past

NUMEROUS kinds of discrimination in recrUiting, I' e fer r a I, birlng, promotion, demotion, layPractices off, recall, pay facilities, cornUtions, discharge, segregation, and retaliation were legal prior to 1964. Subsequently. many employers voluntarily complied with the new law and removed past discriminatory practices. Nevertheless, as a consequence of such prior discrimination. many employees were accorded preferential treatment in terms of seniOfity~i lJlly.,reeall, demotion, and promotion. Whether or not the preferential standing of employees who were the beneficiaries of past discriminatory in spite of the employer'S subsequent the law since its passage, is proscribed clearly articulated Discriminatory

in the ghettos, are not Ukely to have the requisite characteristics. The consequence istbat the exam acts as a screening device which excludes minority group members, while apparently endowing the employer with the argument that he administers the exam fairly to all prospective individuals, whereas, in reality, minority applicants never had an equal opportunity to qualify for the available jobs.

Another example concerns examinations used by trade unions as a prerequisite to admission to apprenticeship programs. The prime purpose of such programs is to adequately prepare an individual for employment in aparticularoccupationbyeducat1ng him through on the job training. Admission to these training sessions is severely restricted by tests Which question an individual'S knowledge of basic mathematical principles. However, with relative ease calculus and trigonometry problems can subtlely be POSitioned on the exams so that only the well educated or very intelligent examinees may qualify, in spite of the fact, that the necessary quality and quantity of education and intelUgence required to pass the exam, is remotely related and is frequently nonrelated to the predictability of a sa.tisfactory performance of the trade. The obvious affirmative product for the trade· union is that· not only are undesirable people excluded, but also the labor force is reduced to a desirable amount, thus channeling more bargaining power in favor of the union. while thousands of employable people are left to fend for inferior jobs or to seek welfare agents. Under these circumstances, applicants that were educated in de fa.cto segregated schools, or individuals that did not realize the value of a good education are never given an equal employment opportunity.

tremendous emphasis on education, numerous employers have availed themselves of the strong public demand for well educated people by frequently requiring a high school degree or a minimum grade completion level as a minimum essential for employment.

However. this seemingly Valid job requirement can have the effect of being unfairly discriminatory if the employer is geographically located in an· area similar .to southcentral and southeastern Texas, where a large proportion of the population is composed of Srxmish surnamed Americans. Because of State and local government neglect and various· other environmental factors, the people receive a perfunctory education. As reported to the Senate Committee on Labor and Public Welfare on August 8, 1969, by the Honorable Hector p. Garcia.

Commissioner, United states Commission on Civil Rights, in the 20 southernmost Texas counties, which are mainly rural and have from 35 to 80 percent Spanish surnamed Americans, the median level of education of these Spanish people was generally less than five years according to the 1960 Census. In some counties the average levelof education was as low as one year, nine montbs. Under these circumstances, an employer can easlly exclude or eliminate, under the guise ot legitimate educational standards, minority group members from employment.

If a higb' school degree is unrelated to the performance on the Job, it should be struck down and declared unlawful, with a heavy burden of proof imposed upon the employer to prove the non-discriminatory nature ' of the criteria he employs.

This was apparently settled --case of Quarles v. Phillip Moms, (271 F. 842, 1967). Prior to January 1, 1966, the Morris employment policy functioned on a token basis and racial segregation in hiring procedures was the rule. Negroes were restricted to specific departments and opportunities for advancement and other privileges were contingent upon the "' ..... ·....1"'".,..,'<: seniority based upon the date on which the worker was first permanently employed by the COIDPiny The of the departments on a prevented Negroes from meritorioUS ad1raJl(lemlent to aftilable positiOns that were open to 'white only. The white employees were therefore preferential rigbts and privileges because placement in a highly ranked classification from which advancement was ooSS11).le to many other attractive and lucrative areas, while the avenues of advancement open to the tn the inferior classification were substantially ioh.ihited even .thougtt tbe nature of the work performed was similar ill both classifications. In 1966, the company partially desegregated the formerly all white classification. However, the Negroes who formerly were subjected to the discriminatory conditions, continued to work under these circumstances and they remained in the same~ department with its corresponding disadvantages. which were formally based upon race, but welte now based upon past discriminatory habits. The District Court for the Eastern District of Virginia, held that the d1seriminatory seniority system devised before the effective date of the act, is not outside the coverage of the . law. The court felt that Congress did not intend to freeze an entire generation of Negro employees into discriminatory patterns that existed before the act. A departmental seniority system that had its genesis in denial of racial equality is not a

What can employers do to comply with the law?

The eradication of preliminary examinations fs certainly unrealistic because if they are properly

- cDntinued on. page 11

Htgh Scbool

IN this modern age with its

Degree Requirement

JURIS

December, 1969

•.In·· ....... nce. the Philadelphia Plan requl... 5 Construction Employera on projects financed by Federal funds to hi.e a oedaln percentage of minorities. a.,cordlng to 10c,,1 popUlation figuHa.

~-~--------------

DISCRIMINATION IN EMPLOYMENT cO'lltinlled from Page 9

bona fide seniority system under Sec 703 (b) of the act.

..

Past discrimination also inheres in the form of paying minority employees less compensation for equal or similar work as white employees; classification of jobs according to race; segregated locals in trade unions; and unequal representation in Job referral systems. It is interesting to note that employers in a superficial attempt to comply with the law, would merely change the labels on job classifications, while in fact, not changing any of the working conditions and privileges emanating from the classification. Apparently, the Commission and some of the Federal Courts will strike through this "veilof legitimacy and declare the conduct in violation of the law as 8de facto discrimination, - although the conduct was seemingly valid on its face.

RUMORS originating from reliable sources disclose that sex as a basis of unlawful employment discrimination was incorporated within the Civil Rights Act by a coalition of Southern Congressmen in an attempt to "railroad- any likelihood that the law would effectively aid racial and ethnic minorities in gaining an equal employment opportunity. The Congressman supposedly reasoned that in America's male-dominated working worlq, employment discrimination against women· exists in great abundance. Therefore, the Commission would be so overburdened with charges of sex discrimination that significant endeavors designed to eradicate racial discrimination would not only be greatly inhibited, but would possibly be nullified. History has clearly demonstrated the faulty thinking of the Congressman.

Sex as a basis of employment discrimination has not unduly burdened the Commission but rather, it has affirmatively functioned as a deterrent to the future exercise of this style of discrimination.

Sex As A Basis Of Employment Discrimination

Sec. 703 (e) of the act recognizes that sex discrimination is not an unlawful employment practice if the employer can establish that the discrimination is a Bona Fide Occupational Qualification reasonably necessary to the normal operation of the business or enterprise. Absent is a clearly articulated standard for determining what is a bona fide occupational qualification, and therefore, decisions are made on a case by case basis. The Commission adheres to a narrow construction of the term. The following situations are examples of what does not warrant the application of the exception: a. the labels "Jobs for Men or Jobs for Women- in newspapers or utilized by employment age n c i e s usually denies employment opportunity unnecessarily to one sex or the other; b. the refusal to hire a Woman because of her sex based upon assumptions of comparative employment characteristics of women in general. For example, the fallacious assumption that the turnover rate among women is higher than among men; c. the refusal to hire based on sterotyped characteristics of the sexes, such as that men are less capable of assembling intricate equipment or that women are less capable of aggressive salesmanship; d. the refusal to hire an individual because of the preference of the co-workers, the employer, client, or customers; e. the fact that the employer may have to install separate facilities for a person of the opposite sex will not justify discrimination unless the expense is clearly unreasonable.

Probably the most unique situation created by sex discrimination as an unlawful employment practice is the controversy concerning wbether or not sex is a bona fide occupation qualification for tbe position of FUght Cabin Attendant, which is usually referred to as an Airline Stewardess. The Commission determined at a public hearing alter receiving testimony from various airline companies, the Transport Workers Union of America, the Air Line Pilots ASSOCiation, and a number of other organizations that sex is not a bona fide exception within the meaning of the act. The Commission considered the most important factor to be whether the basic duties 01 a FUght Cabin Attendant cansatisfactorUybeperformed by members of both sexes. Accordingly, an airline which refuses to hire members of a particular sex for this position thereby violates the law if the applicant meets all the other relevant qualifications (F.R. Doc. 68, 2381, Feb. 23, 1968). Although tbis decision will undoubtedly be met with great dismayby traveling businessmen, the predictability of the furtber demise of sex as a basis of employment discrimination may become a reality within the next few decades.

Proposed Enforcement Powers

IN the final analysis, discrimination in employment will never be solved without the absolute understanding and cooperation of all people in society, Nevertheless, legislation can have a profound influence in this direction. Presently, there are two bills in the Senate which are under committee scrutiny. that are intended to give the Commission enforcement powers. The specified enforcement method is the differential factor contained within the bills. One method would give the Commission the power to bring lawsuits in a District Court if the Commission is unable to rectify a valid grievance, while the other bill would give theCommission"cease and desist- powers similar to those exercised by tbe National Labor Relations Board, The latter bill (cease and desist powers), is obviously the stronger piece of legl!Mation but has been opposed oy the Cbairman of the Equal Employment Opportunity Commission, William Brown, a Republican Negro, and a Nixon appointee, in order to support th.e former bill, which, oddly enough, is also the Administration's proposal.

President Nixon claims he is for the elimination of job discrimination. Yet, he offers only token support for an impotent piece of legislation which is not likely to be more effective than the present system. Commissioner Brown's justification for supporting this insipid bilI is that the administrative machinery of the Commission is more conducive to the establishment of enforcement by lawsuit than enforcement by a board of commissioners vested with cease and desist powers. Significantly. the difference in time ls no more than two to five years, and according to former Commissioner Clifford Alexander, the administrative machinery for cease and desist powers could easily be constructed within six months to two years, Since employment discrimination has existed for centuries, certainly a matter of two to five years does not represent an unreasonable time limit to wait if the long run result will substantially shorten the existence of this plague.

Interested observers will note that there is a substantial likelihood that neither bill will pass the the Congress lacking the adamant support of the Administration. Moreover, there is strong resistence in both Houses of Congress to grant the Commission any form of enforcement power no matter how weak the power may be.

In conclusion, a sweeping reformation of present institutions and policies must be adopted if social ills are to be abolished. The nation's spokesmen contend that they search only for tbe elimination of war, hunger, and ignorance in the world and in the United States, and then follow poliCies which make the rich richer. the poor porer, and incite the

JU

residue to Violence. Former President JOlmsOIl proclaimed war on poverty, and three years later announced that life in the slums had become worse.

Further social legislation may indeed, place tbe United states on the road to the "Great Society.However, until that utopia is attained, the principle of non-discrimination necessitates that the individual be considered on the basis of individual capacities, rather than on the ludicrous basis of characteristics generally attributable to the individual's group.

Significantly, if the principle of non-discrimination were absolutely adhered to by aU the worl(fs citizens, social legislation in the employment realm would be obsolete, outmoded, and unnecessary.

Student BarCalurnn

C

OMPREHENSIVES bave been abolished,- intoned Dean Mandarino in his ever foggy baritone, and in the heady haze of jubilation the Student Ear reps pondered "What will we attack next?- *How about guaranteed graduation?- said one. "How about a milk machine?- suggested another. While this debateraged furiously in the student lounge. its wasoccuring in the faculty lounge. "Oh, what and sagacious event of academic brilliance we ponder upon in the future, - said 000 erudite lacking academieion.

"How about doing an analYSis of tbe voting registration of the first year class- fogged the Dean. '"Let's have a cup of coffee first and then give this problem some consideration, • said 0 n e professor. "What'u you have in your coffee?- he asked of the IV'Y League type sitting next to him. "r don't know, what do you thInk?· came the 8Wait tUI I get a professor to his loose outside, And the Dean your crampons before on the rug,-

window ket' squeaked one looking peer on the ledge said, ·You bave to take off you come in. They're bell

"Now where were we?" pondered another, looking to be in great need of having his cbin combed.

Up jumped a professor who had been heretofore sitting in buddah-like arudety. Arms waving, head shaking, he blurted, "Where were we where were we?- "I'll tell you where we were. We've just been to comprehensive-land and abolisbed it. What's more, the students think it was all their doing, The next thing you know they'll think all they bave to do is get up a petition and they can run the school. Why they'll be wanting to critique the faculty, choose the secretaries and even install a milk machine in the student lounge. We've got to do something fast.

Liberalism is creeping up on the Law School.Alas, at this crucial juncture, someone dissolved our secret transmitter in their coffee, It was hidden in the sugar bowl. While the outcome of this conversation is unknown, the fact remains that at a particular time in the academic year a problem arose and was overcome to the satisfaction of both faculty and students, and, the students bad some (\egree of participation in that solution, While their actual affect on the outeome may be open to question, the point remains that the channels of communication were open and, a needed airing of the issue occured. It is the hope of Student Bar that the means of communication already existant will remain so, and the future avenues of communication currently under examination will be given utmost consideration.

In thiS, the most joyous of seasons, Happy Holidays to all from the Student Bar. Tom Scott President, Student Bar Association

Pal

Censorship, Pornography, And Anti-Social Behavior confd from page 5 anti-social effect. Therefore, the results of tbis particular question would deftnlte ly lend support to censorship legislation; it shows a sufficient number of individuals are affected by the pornograplly. It should be noted that Dr. Davis stated that he had never come into contact with an individual who committed his crime because of reading pornograpllYi since Dr. Davis does deal with criminals on an everyday basts, his answer has greater significance.

However. before drawing any conclusions, question eleven should be considered in conjunction with question ten. With question eleven we tried to determine if the psychiatrists felt that persons who do actually engage in anti-social conduct are more susceptible to the influence of the pornograplly; 70% of the psychiatrists felt that they were. Looking to the results of questions ten and eleven, it would seem logical to keep pornograplly away from anti-social individuals. This however, would not necessarily justify censoring the material to the entire public.

Rather than curtan the entire public's First Amendment rights, possibly a system couldbeworked out where only the anti-social individual's material was limited. Perhaps something in the nature of a literary parole board could be used. Would it not be better to have someone watching over these individuals than to limit the entire public?

A comment by Dr. Abraham J. Twersky of the Community Mental Health Center seems very appropriate here. He felt that an individual who does engage in overt anti-social conduct has a predispoSition for this type of activity and does not need to read or see anything in order for this antisocial behavior to occur. Dr. Twersky expressed. the view that if there is any causal relationship between pornograplly and the conduct of these antisocial individuals, it is so indirect and remote to the act, to be insignificant. Dr. Twersky was of course one of the psychiatrists who had never known of an individual to engage in. anti-social activity because ot pornograplly.

In question number twelve we desired to know if the psychiatrists felt '"normal" psychological individuals could be detrimentally affected by re~ pornograplly, Over 90% of the doctors answered. that such an individual would not be so affected; it is Significant to point out that this was the greatest majority result in any question. Working on the assumption that the vast majority of the public Is "normal" psychologicaUy, the result would negate the Justification for general censorship. If it will do no harm to society to allow an individual to read pornography, assuming that this individual desires to read this materIal, does it make sense to restrict his constitutional rights?

An MANY individuals who believe Absolute tltat the First Amendment rights Right are absolute and who therefore believe that censorship is unconstitutional, support allowing pornograplly on the basis that it is actually beneficial in that is relieves certain anxieties which could have led to anti-social activity if not released. In other words, they contend that there is a psychological justification for allowing the free dissemination of pornographic materials and films. In question number thirteen, we asked our psychiatrists what they thought of this proposition; the doctors supported it by approximately a two to one ratio. The result of this question would therefore negate justification for anti-obscenity legIslation; however, it should be kept in mind that one-third of the psycblatrists disagreed with the theory. Dr. Davis feels that pornography satisfies an intellectual need in the sense that it deals with biological (sex acts) aspects of life; obviously, this is a posttive factor of pornography. A free democratic society should be informed.

With questions number fourteen and fifteen we wanted to see if the doctors were in favor of antiobscenity legislation; the questioned differentiated between minors and adults. The majority were against anti-obscentty legislation in the case of both adults

and minors, However, the opposition to censorshIp was much stronger in the case of adults, were against censorsbip in the case of adults whUe only 60% of the psycbiatrlsts were against censorship tn the case of mlnors. This result shows, t!:l)t as far as psychiatrists are concerned., they are a,;::linst censorship but believe there is a stronger jllStific.'a....>u tor censorship where minors are cooeerned. Naturally. the results of question eight is related: to recall. the majority of psychiatrists felt that the influence of pornography and such was not greater with individuals under eighteen years of age.

Although question number sixteen was not directly related. to the field of psycbiatry. we thought it would be appropriate to see how the psychiatrists felt as to the constitutionality of restricting what the P1>1'Il!>fltl pubHc may read or see; 80% of the doctors was unconstitutional to do so. This result is signUjLc8.lll.t in that it follows the trend of the previous !lrl!::WP'I'!::' the carre latlon shows that the doctors might 1X)Ssibly have been slightly biased in their answers.

IT is important to mention that a substantial number of doctors returned the survev unaDSVr"Ered for various. reasons, they felt incalY.!tble of answering the questionnaire. Naw",,,l some of the doctors felt that the questionnaire was however, these doctors did not what we were trying to the various questions that they objected to. However, some of these psycbiatrists did make valid points.

One psychiatrist stated that the answer would rest more on beUef than on va.lid data. Another brought out the fact that there is a lack of evidence with respect to many of the questions asked. One doctor felt he could not engage in this type of research on the basis of his own "personal philosopllieal outlook:."

A fourth said: "I feel that psychological theory is not relevant to the issue as you pose it. Wbat is re levant is that a law on a moral issue is being -continaed 011 Page 13

Survey CritiCisms

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503 Greenfield Avenue, Plttsourgh 420 Grant Avenue, Millvale 4205 William Penn Highway, Monroeville 102 Malts Lane, Irwin 931 Fifth Avenue, New Kensington 105 Atwood Street, Oakland

JURIS

December, 1969

nar!\짜aIe SAVINGS

ASSOCIATION

- continued /Tom. Page 12

considered, and I suggest that you look for your answer from those who are expert in this area, lawyers, judges, and the ministry. I am not sidestepping the issue, I am merely pointing out that, in my opinion, this is not nor should it be an issue for the broad field of psychological sciences.-

arguable that such discretion on the part of these officers is unwarranted; the dangers of arbitrary and unreasonable decisions is obvious. If the constitution is to really mean anything, what is morally right for an individual to read or see should be solely the individual's decision - not that of the local law enforcement officer.

The significance of these comments are that they display the difficulty of the area we are involved with; possibly psychiatrists can't really tell us if the causal connection exists or not. If so, this would not add any justification for censorship laws; certainly it would lessen the basis for saying pornography causes anti-social activity. Since the courts are looking to tht, toehavioral sciences for an answer, would it not 00 better to wait until they have the answer rather than blindly sustain anti-obscenity legislation? Or, is it better to allow censorship and assume it causes anti-social conduct until disproven?

These are the questions the courts should face.

I. Bl\UIler and Ha.."".. , MOVIES, CRIME; pp. 13--14, 83, 86 (1933).

Therapy (HISS).

3. KINSEY REPORTS, (46 Minn. L. Rev. p. H120, (1962) ).

4. Von Brack"" and Schafer, .. UEBER DIE HAL TUNG ST,JilAFOENFANOENEN ZUR LITERATURE, Zelbchalft 1".... AnC"",,,,,dt .. Pa)rchololl'ie 169 (1935).

5, Cl....k. THE EFFECTS OF SEXUAL MOTIVATION ON PHANTASY, IN STUDIES OF MOTIVATION, 44,48 (McClelland ed. 1955).

Muasell .....d Scode1. THE EFFECTS OF SEXUAL STIMULI UNDER V ARYINO CONDITIONS SEXUAL RESPONSIVENESS. 19}. ConsultingPs'vd,ol.'iU 9D (1955).

SINCE, the majority of the psychiatrists could answer the surHoover vey, at least we will be able to Replies draw conclusions as to our basic inquiry. However, before we reach our final conclusion it would seem fair to take a brief look at some of the data used by those who are strongly in favor of antiobscenity laws; for this we turn to the nation's leading law enforcement official- J. Edgar Hoover, Director of the Federal Bureau of Investigation.

• A fifteen year old girl was arrested following a series of promiscuous escapades with students from nearby colleges. To a local juvenile officer, she confided that she had begun seUingher -lavorsto teenaged youths atter reading a number of cheap novels in which the Uves of prostitutes we r e glamorized.

• A young hitchhiker was picked up by two men and driven to an apartment where he was subjected to horrifying indecencies. When police, acting on information supplied by the victim, located the two men involved, a virtual storehouse of obscene phogographs, literature, and other pornographic material was seized.

• A police officer issued a public warning against depraved sex offenders who had plied local children with intoxicants and pornographic material - then plunged them into wild orgies. .. A collection of -peephole- magazines and photographs of nude and semi-nude women helped confirm the identity of a vicious sex offender who had committed a series of atrocious crimes which led ultimately to his conviction for kidnapping and murder.

• Two young terrorists staged a violent crime spree which included the horse whipping of teen-aged girls and a savage attack upon an old man whom they dumped into the East River to drown. Following their arrest, the youths admitted having devised the pattern for these sadistic assaults from reading lurid books.

In the article Mr. Hoover also discusses some comments made by the chief psychiatrist of a municipal court in the East (no name given). The psychiatrist labeled pornography as -the most vicious means by which our people are victimized into habits of i m m 0 r a Ii t y.It According to Mr. Hoover, the psychiatrist's experience in analyzing the case histories of offenders who have been exposed to the "contaminating influence- of pornography has convinced the doctor that pornography is "an instrument for delinquency and an insidious threat to moral, mental, and physical health.- Naturally, the views of this particular psychiatrist contradict the opinion of the vast majority of the psychiatrists of our survey.

It seemed that a main purpose of Mr. Hoover's article was to display the supposed dangers of and the need for censoring pornography. He concluded by saying that as to pornography, "to allow is to invite an eventual fioodtide of moral corruption and

AND

2. Hames, JUVENILE DELINQUENCY AND TV, IJ. Social

J. Edgar

In a University of Pittsburgh Law Review article,7 Mr. Hoover reported the following cases:

DELINQUENCY

6. PORNOGRAPHY AND THE LAW, Dra.

hEll'd Kronb ...."e.. , Ballentine Book .., New

and Ebe....

(19S9).

7.}. Edg.... Hoover, COMBATING MERCHANTS OF FILTH: THE ROLE OF THE F.B.I., 25 U. of Pitt. L.R. 469 (19154).

II. Calms, P ....1. ....0 Wldtn"" SEX CENSORSHIP: THE ASSUMPTION OF ANTI-OBSCENITY LAWS AND THE EMPIRICAL EVIDENCE, 46 Minn. L. Rev. 1009 (1962).

spiritual decay.What is the significance of Mr. Hoover's article?

Obviously, it does show the reasoning of those who favor censorship laws. Assuming that the contentions made are true (note - contrary to result of our survey), then there is a basis for justifying censorship laws. As to the specific cases given by Mr. Hoover to show the need for stopping pornography. it should be kept in mind that these may be extreme exceptions. Except for the first and fifth cases, no casual connection is shown; also, even as to these two cases they don't really show a strong causal connection between the pornography and the criminal act. However, if we are to be completely objective, they should be given some weight.

Conclusion

WE have tried to determine whether or not anti-obscenity legislation is justified on the basis that obscene materials cause anti-social conduct. If It does cause anti-social conduct then the state should legislate against it to protect the general welfare; if not, the state must find some other justification for anti-obscenity laws • From our survey, we can conclude that the majority of Pittsburgh area psychiatrists either believe that no causal connection exists, or at best itis so remote that its effect on anti-social behavior is insignificant; therefore, anti-obscenity legislation would not be justified on any causal oo.sis. However, it should be kept in mind that there was a sufficient minority view. Possibly, it would therefore be better to conclude that we still really can not answer our question.

Even assuming that the result of our survey shows no proof one way or the other. we feel this in itself would be a basis for holding obscenity to be constitutionally protected. The burden should be on the state to show that the obscene material causes anti-social conduct harmful to the general welfare.

Since the causal connection has not bee n demonstrated by the state or anyone else (assuming our survey does not give the answer), one could easily conclude censorship laws are unconstitutional.

However, the Supreme Court has not placed the burden on the state and has sustained anti-obscenity legislation.

Of course, it is always possible to sustain antiobscenity legislation on the basis that obscene materials are morally wrong and that uncontrolled pornography Will cause the moral deterioration of society. The problem with this approach is who will decide what is moral? As things stand today, the deciSion remains in the hands of law enforcement officers. Since this is normally not a function of the offices which these men hold, considering the high place First Amendment rights hold in our law, it is

IlJRIS

December, 1969

Sciullo Named Associate Dean

D

EAN Manderino has recently announced the appointment of Professor John J. Sciullo as the new Associate Dean of the Law School. Dean Sciullo replaces Dean Walter Rafalko who accepted the position of Dean of the New York Law School. Dean Sciullo. a faculty advisor of JURIS, was born and ralsed in the City of Pittsburgh. He received his B.A. in History from the University of Pittsburgh in 1953. In 1956 he received his law degree, also from the University of Pittsburgh. After serving In the Armed Forces for three years, he returned to Pittsburgh and the general practice of law. He also was law clerk for Judge Frederic Weir and later for Judge Samuel A. Weiss. After serving for a year as a part-time Professor teaching Land Use Planning, Dean Sciullo joined the full-time faculty in 1964.

When asked how he felt about his appointment, Associate Dean Sciullo replied that he was happy but surprised. Dean Sciullo continued, -Times and problems are constantly changing, and a person in the positi.on of Associate Dean should keep io tune with the times." To effectuate this philosophy, Dean ScIullo will continue to teach, hoping to keep in close contact with the needs of the students and the Law School. Although teaching is Dean Sciullo's first love, the demands of his new schedule Will prevent him from teaching any electives and Umithisteaching duties to the Estates and Trusts course.

The new Associate Dean, in addition to teaching, Will assume the responsibility as serving as: 1.) a liason betweeo faculty and administration, Z.) director of admissions, and 3.) head of the placement service for the law students. With reference to placement, Dean Sciullo had some criticism for students in this area. He stated, - Placement is a two way street.

Only 20% of the senior students responded to Dean, Rafalko's placement questionnaire. This may indicate that the students aren't interested in the placement service. - Speaking of the Alumni Association the Dean said, "The Association is one of the best avenues for prospective jobs. The AlumniAssociation of the Law School is a very tight and cohesive organization and one of the best sources for the Placement of new attorneys.The Dean concluded by saying that his door is always open to any student who wants to discuss a problem.

Pale Fourteen

Dean Manderino loses Supreme Court Bid

by Stanley Uhr

First Year Statistics

By STEVE MARCINCIN

A

RECENT survey taken ot the first year day classes, 103 reporting out of 139, showed that 52 colleges and universities were represented at the Duquesne Law School. 16 of the 52 schools contributed more than one law student to the first year class, Duquesne University sent the most amount of freshmen to the law school with 12j the University of Pittsburgh sent 10; Pennsylvia state University sent 9; the University of Scranton sent '1; Saint Vincent's College sent 5; and John Carrol University and washington and Jefferson College sent 3 each.

The 52 schools came from the states of Ohio, New Mexico, Pennsylvania, Massachusetts, West Virginia, New York, Rhode Island, South Carolina, Virginia, Utah and Oklahoma. pennsylvania was highest on the list with 2'1 schools. Ohio was second with 7 and New York was third with 4.

The -Home states· of the first year day students were Pennsylvania, New York, Connecticut, New Jersey, Delaware, Virginia and Utah. Pennsylvania Wlls the highest with 88, 38 of Whom were from the Pittsburgh area. New Jersey was second with '1 and New York was third with 5.

Undergraduate work of the first year day class tended heavily towards liberal arts with 39 degrees in political science, Hi in history, 11 in economics,

10 in EngUsh, 10 in business administration, with 19 other undergraduate degree areas represented by the other 17 reporting students.

The cumulative grade point

ot

the first year day class as surveyed averaged out to 2.67 on a 4.0 system.

The same survey was taken in the first year night class with 79 out of 136 reporting. The night school represented 34 colleges and universities of which 13 schools cootrlbuted more than one night student. The University of Pittsburgh seot the most number of freshmen night students to the Duquesne Law School with 16; Duquesne University sent 11; Pennsylvania State University sent 8; St. Vincent's College sent 4; and Indiana University of Pennsylvania, Carnegie-Mellon University, Clarion College and Washington and Jefferson College each sent 3.

Tile 34 schools came from the states of Pennsylvania, Illinois, Michigan, Ohio, New Jersey, Delaware, Virginia and the Commonwealth of Puerto Rico.

Pennsylvania was highest on the list with 17 schools.

Illinois was second with 4 and Michigan was third with 3.

The Home states of the first year night students were Pennsylvania, New York, Illinois, Massachuetts, Delaware, Virginia and Puerto Rico. Pennsylvania was the highest with 68, 41 of whom were from the Pittsburgh area. New York was second with 4 and Illinois was third with 3, Unlike t.he day class, the undergraduate background of the first year night class was heavy in the sciences with 16 engineers, 9 accountants, 8 English majors, 7 business administration majors, 7 political science majors, 6 math majors, 5 historians, 4 economics, and 11 other areas including 2 M.B.A.'s and 1 M.D, The cumUlative grade point of the first year night class reporting was 2,78.

Ben Long says

The comhined morning LSAT scores of both first year classes as furnished bv the Law Schoo) Office was 524.

D

EAN Louis L. Manderino hasrecentlyoompleted an unsuccessful attempt to win election to tbe Supreme Court of Pennsylvania. It was unsuccessful in that he did not win. However. in many other ways it was extremely successful.

Dean Manderino was considered a poHtlcal unknown in this state when be entered the race as the Democratic candidate for the Supreme Court. By the time the campaign was over, the Dean bad personally met and talked to more than 125,000 people, visiting fifty counties in the state. The 'J€ln was warmly received every time he spoke. Tk'" IJean spoke to a diverse group of people such as Ro!:hry Clubs, Jaycee Clubs, Women's College Clubs, Secretarial Groups, Democratic Party Groups and over twenty colleges and univerSities including Muhlenberg. VillanOva, Temple, MUlersvUle State, Haverford and st.

Vincent's. In addition, the Dean appeared in a television debate with his opponent, Justice Thomas Pomeroy. which was carried statewide by the educational TV networks.

Although the lack of campaign funds was Deall Manderino's biggest drawbaek, there were others.

Justice Pomeroy was the incumbent and could run on the slogan, -Keep Justice Pomeroy.- Also, the registration in Pennsylvania is Republiean by 00,000 voters. In addition there were local fights wbich burt party and public interest in the race for the Supreme Court.

However, Dean Manderino did make an impact on the Pennsylvania 'YOwrs. In Philadelphia, where the Democratic candidate for District Attorney lost by 102,000 votes, the Dean lost by only 7,000 and thus led the Democratic ticket there. He led the Democratic ticket in Lackawana and many other counties also, but it wasn't enough to overcome the Republicans.

The Dean spoke frankly to the voters on a variety of problems that will face them in the next ten years.

The most prevalent is what the Dean "The Tyrannizing of the Young" which he felt is now exposed. The Dean said that "young people will no for lll1 answer: all they want is for the generation to listen to them as one human being to another." Throughout the campaIgn the Dean hrrm",lht a great deal of honor and prestige to University SchOOl of Law. We welcome the Dean home with mixed emotions .•• sorry he lost t~ election but happy to have him back whead our Law Scbool Family.

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JURIS

December, 1969

Pittsburgh. Pa. 15219 Phones: 261·0366

261·5841

PAD WINS OUTSTANDING CHAPTER AWARD

1969-70 Justice Samuel Pangburn and 1968-69 Justice Charles Isaly present the award to faculty advisor Patrick 8asial.

JURIS WINS SECOND ABA-LSD AWARD

1969-70 Editor Robert Goehring presents award to Dean Manderi no.

JURIS

December, 1969

r . . .c

i>1.&'CCn

Alumni Record L '67 - Mr. John Yetter is an Assistant Professor of Law at Florida state University School of Law. He is a graduate of Lehigh University with a degree in metallurgical engineering and applied science.

Having attended the day division of the Law School, Mr. Yetter graduated summa cum laude in 196'1.

Immediately after graduation, Mr. Yetter earned a Masters of Laws degree from Yale University.

by Stephen Goldring L '31- Hon. '68 Edward I. Goldberg a graduate of the University of Pittsburgh, earned. hiS law degree from Duquesne University School of Law, Evening Division, in 1931. In 1968 Duquesne awarded the Honorary Doctor of Law degree to Mr. Goldberg in recognition of his service to the community, his profession, and to Duquesne. Mr. Goldberg is continuing to serve Duquesne as a member of the Board of Trustees. He has also been President and a Director of the AlumniAssociation.

Always willing to give freely of his time, Mr. Goldberg has participated in numerous Bar Association activities. Besides being the incoming President of the Allegheny County Bar AssocIation this year, Mr. Goldberg bas also served as a member of the Professional Ethics Committee and In 1964, as Chairman of ~e ContInuIng Legal Education Committee. He is currently a member of the Allegheny County Board of Law Examiners and the Committee on Offenses of the Allegheny Court of Common Pleas.

He served as Senior Vice President of the Bar Association in 1969.

In connection with hls duties as President of the JeWish Home and Hospital for the Aged in Pittsburgh, Mr. Goldberg was recently toasted at a dinner given In his honor at the Webster Hall Hotel. Aside from all hls Bar Association activities, Mr. Goldberg still finds time to serve as a member of the Board of Directors of both the Pittsburgh Housing AuthorIty and the United Jewish Federation.

Since joining the Florida State facuIty in 1968. Mr. Yetter bas concentrated on the courses of Criminal Law, Anti-trusts, and Civil and Political Rights.

He is also a member of the govermnenta.l task force for Criminal Justice and a lecturer to the Florida state Highway Patrol and their poUce training program.

. . '" .

Mr. Yetter and his Wife live In Tallahassee, Fla.

L ~54-a.,mond W. Stabl has recently been appoInted Vice President of the Claims Department at the Travelers IllS1ttance Companies tn Hartford.

Conn. He graduated from Allegheny CoUege in 1949 and the evening division of Duquesne University Law School in 1954. Having joined the company in 1949 as an adjustor tn Pittsburgh, he was transfered to the Hartford office following his graduation from the Law School.

Previously Mr. stahl was an instructor in the School of Insurance at the University of Connecticut.

He is currently Chairman of the Board of the Travelers Auto Body Co., a Director of the American Adjustment Co., and a Trustee of the Hartford Rehabilitation Center.

'"

'"

'"

'"

L '63 - W1l11am E. Green has been elected to the board of trustees of the Rochester Savings Bank of Rochester, N.Y. He Is presently a member of the legal staff of Symon Corp.; serving as associate counsel representing the corporation in Its general legal affairs.

Currently Mr. Green is Chairman oftha City Planning Com m Is sion and is Roc hester's representative on the County and Regional Planning Councils.

He is also a member of tbe Boards of Directors of the Rochester Urban League and FIGHT, and holds directorships In the Community Chest, Industry TraIning School and the Rochester-Monroe County Chapter, American Red Cross.

Mr. Goldberg also served on the committee which was charged With the responslbmty of finding a Dean for the Law School In 1967-68. He indicated tllat Dean Manderino was both the choice of the faculty and the students. Under Dean Manderino's leadership. he for sees an era of expansion and progress for the Law School.

L '61- AUgIIst A. Banante was recently elected Justice of the Peace of the Borough of West View under the new system contained in the new Minor Judiciary Article of the Pennsylvania Constitution.

He graduated from the University of Pittsburgh in 1958 and was a member of the first day class graduated from Duquesne Law School in 1961.

The reasons that motivated Mr. Barrante to seek election to the office of Justice of the Peace were the abuse of fee and double bond systems, and the fact that be considered that a Justice of the Peace must know the law before he can apply it.

Ilr. Barrante Is currentlya partner In the firm of Barr ante and Barrante.

In addition be ls a member of the Pennsylvania and Allegheny County Bar Associations, the AmerIcan Trial Lawyers AsSOCiation, and also serves as legal counsel for the North Hills Jaycees. Mr. Barrante also chairs the Legislative Committee tor the Greater North Hills Council for Drug Education.

He resides with his wife and two children In west View,

*

'"

Currently serving as the Chairman of the Young Lawyers Section of the Allegheny County Bar Association, Mr. Boyle remains active in the activities of the Bar Assoctation. Mr. Boyle is also a member of the Penn's Woods West Chapter of Trout Unlimited, a conservationist organization.

He and his wife and five chUdren reSide In the Point Breeze section of the City of Plttsburgb.

Nem路 P,ofit O'9'II.intiOft

U. S. POSTAGE

PAID

Duquesne University School of Law 100 Fo ...es Avenue Pittsburgh, .Pennsylvlnil 15219

The Allegheny County Bar Association, which is the oldest county bar association in the country. will celebrate its one hundredth anniversary during Mr. Goldberg's term of office. The Bar Association bas set up a centennial committee to help celebrate this event and Mr. Goldberg looks forward to an active and progressive year for the Bar Association in 1970.

'"

L 'S2 - Mr. Michael J. Boyle was recently the moderator of the Estates and Trusts session for the recent Bridge-tbe-Gap series of the AUeghenyCounty Bar Association. The purpose of this series Is to acquaint the young attorney with the real problems eonfronted in the practice of law within a giwn area. A graduate of Notre Dame In 1957 and thedaydiviston of Duquesne University Law School in 1962, Mr. Boyle is presently associated with Meyer, Unkovlc. and Scott.

Juris

After an absence of many years, Mr. Goldberg returned to the law school classroom when he visited his son, who is noW a student at Stanford University Law School. Mr. Goldberg attended Property and Contracts classes with his son and was surprised by two things that he observed. First, he was,amazed at the number of WOmen in the .class - there were fifteen, and second. at the intense level of discussion and debate carried on by the students. Mr. Goldberg believes that the young lawyer graduating today bas a much greater knowledge of the law than he did when graduated from law school.

'"

Plttsburgb. Pa..

Permit No. 390

POSTAGE REQUIRED FOR THIS MAlLING MATTER

JURIS

December, 1969