Juris Magazine- March, 1971

路 J urI s DUQUESNE UNIVERSITY, PITTSBURGH. PA.

If Government

Duquesne Law

Ne';5~~~~line

MARCH. 1911 Vol .... No. J

knew how, I should like to see it check not multiply population.

-Emerson

t"age Two

EDITORIAL-

MAN'S ULTIMATE GOA L is happiness, but in his blind effort to reach this goal he has created many unanticipated problems. With an increased demand for a higher standard of living. industrialization has caused waste and abuse of many natural resources. Rivers and streams have become polluted and the atmosphere saturated with impurities. Air and water • once taken for granted, are now of immediate concern to all of us.

Possibly man has not thought that the value of a beautiful stream or clean, fresh air is worth more than his desire for materialistic objects. Drinking water is already being sold in some areas of Japan. Even in the United States you can purchase spring water in gallon jugs. Have you ever seen a cartoon depicting people on city streets purchasing a few breaths of fresh air? Who will laugh if this ever becomes a reality?

Vital resources can no longer be taken for granted.

DEAN'S (ORNER ·Our Traditions Grow Slowly, But

Man has many materialistic desires which, if uncontrolled, carry within them the seeds of his own destruction. He must realize that his desire for a rich, more pleasant life has created these problems. Though now in the initial stages of correction, mea sures taken to da te are little more than tokenism.

Pollution of air and water will destroy man unless he takes forceful steps while still having something to lose.

I

AM MOST pleased to announce that the Duquesne Law Family wm have two new faculty members for the Acadl?mic Year 1971-72: Mr. Michael Lioonati, a native of Chicago, a graduate of Georgetown with an LL.B. and LL.M. from Yale and presently an Assistant Professor of Law at the University of Alabama, and Mr. Sheldon Nahmod, a graduate of the University of Chicago with an LL.B. and LL.M. from Harvard, presently a Harvard Te:ilching Fellow. These are two dIstinguished gentlemen whose areas of interest (Mr. LibenatI - Contracts and Crimes, Mr. Nabmod - Public Law) will be of particular usefulness to us in the future.

Radio, television and newspapers help man to become more aware of the effect he has on Ecology. Articles are continiously being written informing the public of problems in pollution and how it affects man and his future existence on earth. Solutions have been proposed and theories applied, ••. but what is needed

(2)y'

Is action.

Juris 600 Forbes Avenue.

The pressure for admissions this year has reached almost fierce proportions. I would prefer to think that this is the result of the growing reputation of Duquesne University Scbool or Law, However, I think that we are somewba.t aided by tlle increasing interest among college graduates in becoming lawyers.

Duquesne University Law School has historically trained those persons who are the backbone of the Bar - the lawyer Who goes out and practices in the big cities, in the small towns and with government agencies. Historically, Duquesne has been a place where a person interested in practiCing law could expect to receive a competitive education. Regardless of the press for admissions with increasingly better LSA T scores, increasingly better college averages from increasIngly better colleges, we have no intention of changing our mission. Duquesne has been and will be It place with its doors open to those who seek to give their community the highest form of service the protection of their rights - civil, political and economIc. - RONALD R. DAVENPORT

Ou Quesne University Law School Newsmagazine Pittsburgh. Pa. 15219

JURIS is a publication 01 tlle Duquesne University School 01 Law !\IIarch, 1911, Vol. 4, No. 1I

EDtTOR-IN-CHIEF Associate Editor

William A. Destafano

Robert S. Joseph

BURtness Manager

Circulatton Manager

Frank A. Collins

Stephen J. Marci ncio

FeatUre Editor

Ne ... Editor

Alumni Editor

John M. Ridlon

Stanley A. Uht

Thomas N. Silverman

Corre spondlng Editor

Grat>hlcs Art. Editor

Ad" ..rtlolng Manaller

Frederick B. Gieg, Jr.

Larry Wieder

Jocl M. Breitstein

Sta(( Members:

David Haller, Charles Witaconis, Michael J. Batt, Charles Fonzone, Patricia Parella. Frank Keller and Jon A. Berger.

Advlto .. : JOHNJ.SCIULLO and NICHOLAS J. DEMAS Correspondence may be add.e.sed to JURIS, School of Law, 600 Forbes Avenue Pittsburgh, pennsylvania 15219

Telephone (412) 434-6305 Printed by NEWS COMP, P.O. Box 411, Monroeville, Pa. 151415

JURIS

Grow·

March. 1971

pale Three

Faculty Profile

Alfred S. Pelaez

By PATRICIA PARELLA PROFESSOH ALFHED S. PELAEZ joined the Duquesne Law School faculty in 1966. Pelaez, a native of Pittsburgh, graduated from the University of Pittsburgh, with a degree in English, and after having graduated from the University of Pittsburgh School of Law, received a Masters from Yale Law School.

He did general trial work for five years but always wanted to teach. "Teaching enables you to have a tremendous influence - your students are going to be partially your product. In the past our job was to turn out capable attorneys. We now recognize that it isn't enough to be good it is essential to give students an awareness of social problems and a thorough Understanding of the legal tools with which to deal with them!

A good deal of Professor Pelaez' enthusiasm about teaching at Duquesne stems from his belief that teaching here a f for d s an unusual opportunity to influence changes in the law which is not found at the type of school where the student body is composed mainly of potential corporation lawyers. "Corporation lawyers seldom make the laws. Duquesne students tend to go back to their communities to practice and many become involved in politics. These are the type of people who will become elected to the legislature and have opportunities to become judges, these are the men who will influence the law. This entrusts the faculty with the grave responsibility of attempting to make the students here at least cognizant of some of the problems.· When he was asked about offering courses in poverty law. urban legal problems or courses currently popular at other law schools, he replied; "Poverty law is nothing but a combination of property, products liability. and the basic principles set forth in the courses now offered. To segregate the problems of the poor is to imply that there is a rich man's law and a poor man's law the same principles apply to both groups.· The problem with the poor is that they cannot afford to get their case litigated. Perhaps the best way to begin to deal with this problem, is to institute a clinical program in this school.·

A clinical program for Duquesne is now under consideration and Professor Pe laez agrees that it would be beneficial to both the urban community and the third year students if a program of this type were started. "We cannot devote time to teaching practical courses at this school because techniques soon become obsolete. We coneentrate instead on teaching the METHOD so that if the students can spot the problems, no matter what changes have taken place in procedure, they will have a firm foundation in how to go about solving the problems.

However, in the third year there is much to be gained by putting legal education to use. The key here is supervision. As the system now stands, we send students downtown alone, and their first encounter with practical application might very well be taught to them by attorneys who never mastered correct methods; or they might go to work for the city, in an office which is so overloaded with work that it cannot take the time to do things properly. The student ends up with the impression that this is the way these jobs are normally done, and develops the same habits."

Duquesne has hired two new faculty members and hopefully this will do something to eliminate the "phantom electives" listed in the catalogue. Professor Pelaez is listed as teaching Admiralty, but with Contracts, Pennsylvania Procedure and Appellate Practice he does not have the time. One of the new faculty members is going to take one-half of the Contracts class next year and Admiralty could be exhumed. I asked him of what value such a course would be to a person intent on living in a place like Montana. He was quick to defend its value as a study of how groups with totally divergent interests can work together to come up with solutions agreeable to both sides. ·You learn about things you would never have imagined. Admiralty is unique in that it is a blending of the oldest and the most modern law." Pelaez is the author of volume 7a of MOORE'S FEDERAL PRACTICE and its supplement, which is devoted to admiralty.

Pelaez expects to see continued improvement of the school under the direction of Dean Ronald Davenport.

"The Dean is going to reach his goal of making this a fine law school by making working conditions such that prospective faculty candidates could not turn down opportunities for creativity and freedom found under his leadership.·

JURIS

On the subject of the elimination probation system, he said, ·Probation is a sword. The philosophy of the second and (Iura year courses is to treat matriculated students as professionals. This lets down the stl.ld€ats who are to stay in, and if the burden, out after two years. with eliminating probation is that a six professor eould cause a C student witb fail out in the first year. And mastered everyone else's method this one professor's. I would prefl,r a allow a student with of C or above work to remah, in school, and then let him those that he received less than a C in. Don't probation getting rid of students. No on", should be able to fail a student out."

He would like to see the Appellate whic::h he heads, run solely by the students after first round and a frreater emphaSis placed on those who make the finals. "Winning silould confer meaningful honor - hopefully it will have the same distinction as being named to the Law Review.

However, the program has to be continued to be fur. in the second year because having it in the first year would make it more limited.' He would als(;, like to see the program be related more with the Moot Court and legal research progra.ms.

Professor Pelaez. lives in Mount Lebanon with tIis wife Briget and his children, Mara 4, Linda :1 and John 1. He lists his hobbies as first, his and then an occasional squash game. His civic endeavors are confined to individual attempts to what he can in the community. He is currently involved in defending an indigent drug addict. -The use of drugs is an illness precipitated by sociologicalpsychological problems - it's something people do to cop-out of society. We don't even recognize the problem when we treat it as a crime. For a addict, there is a lack of the requisite MENS REA. It should be a jury question as to whether the particular person had the power to resist doing what he is accused of. Drug addiction is not a legal or medical problem - it is SOCiological, b r 0 ugh t on by frustration of bright and articulate minds who tru.ru. they haven't got a chance.· His ideas and his actions in the area of sociological problems reflect his be lief that -the primary function of law is to make EVERYBODY'S life more meaningful and productive. •

Letters To The Editor January 6, 1971

DEAR EDITOR: we fulfill his inability to provide'!

DEAR PROFESSOR PELAEZ: I was very impressed with your article in the December issue of JURIS as I feel that the realities of the drug problem are rarely presented in such a forthright manner. I wish the opportunity to reprint the article with the accompanying photographs pursuant to approval by my editorial board.

My hat is off to you on a fine article.

I am respectfully yours,

slMARVIN RAY RASKIN, Associate Editor Equiias, New York Law School 57 Worth Street New York, N. Y. 10013

Anent your Editorial in JURIS, Vol. 4, No. 2 about ~Social Inequities ••. " Love is Love is

Your editorial reminds me of a Bull Moose floundering around in a morass with very little idea where the shoreline is. Pray telI in a few wordsa succinct sentence - What you said on the huge full page spread of printer's ink. Some advocates do think noise, talk and much verbiage is persuasive and proper to the ends of justice.

Please pardon this critique if it seems harsh and lacks understanding.

THE EQUATION OF SURVIVAL, INDIVIDUALLY AND EN MASSE, OUR WORLD OR THEIR WORLD, IS SIMPLY PUR.E AND PURELY SIMPLE. A universally recognizE'd definition of lE'arning is to cast aside all pre-dispositions, look at the evidence, and seek out and assemble the objective truths.

January 17, 1971 DEAR MR. PELAEZ: I have read your article -The Liturgy of an Addict" in the December 1970 issue of the Juris (Duquesne Law School Newsmagazine), and would like to reprint it in the Condon Commentaries which is the newsletter printed at the Universin: of Wa.<;hfngton Law School.

May we publish your article, verbatim? It is an excellent and powerful one.

Sincerely, slELLEN TIGER Ellen Tiger Condon Commentaries U. of Washington Law School Condon Hall Seattle, Wash. 98105

.J an

FIRSTLY, we must forget the three-deckE'f universe concept of our learned forefathers as believed before 1492 A,D. and define and re-define "God,' "Godis a force and power omnipotent, omniprp.sp.nt, and omniscient, not always so inVisible; yet not a "being" SITTING ·up there- or ·out there;" rather an "it" than a "Him." The learned and erudite Greek, St Luke, a three-decker writer, referred to "God' as "up there,· ·out there;" clearly inept, inadequate, and non-descript language to communicate "omnipresent. " A most fundamental and Significant essential understanding is that there is but one "God;" one world; one people - there is no "our society" "their world.CONDITIONS were created by God; they exist; they are constant; and they are not now, and never will be, EQVAL. So be it! The well-wishers will never overcome this tact. There will always be the moron and the genius with the vast majority inbetween. Shall we, can we, encourage, aid and abet the moron and imbecile to procreate at will while

Thusly, DISCIPLINE is patently the KEY to survival for one and all - an unalterable which is simply pure and purely simple.

My friends, is not LACK of DISCIPLINE the real culprit for the woes about which the Editor's heart seems to bleed? Prevention, "No." My recollection of Duquesne's social to",,,h;,," is to the effect that #if the provident pamper tile improvident, the improvident will arise to swallow the provident. It This is much like the late President Kennedy's concern about National PhYSical Fitness being but a sum total of the physical fitness of the constituent individuals. [!the dereUds and improvident cannot stand on their own feet mllst or at least not be allowed to The provident can ill-afford the THEIR world, in my does not '.:reate a sustainablE' society - they on 'our dro"t",.'" sleep on ~pads" in our shelters: eat orf the providers like the paraSites they are. "More must be !lone for them." - From whence shall it come?

Perhaps "education" is a help. As an in my view, if all the money out of tbe New York ghetto for "drugs" were into education instead, the Condition would be selfliquidating and on a sound foundation. Let's face the facts and conditions amI go from there.

We trust your correspondents may receive and share equal space with you.

Greetings to my Alma Mater. Happy New Year! siPHILIP H. SCHWIESOW '51 Attorney and Counselor at Law Germantown, Wisconsin 53022

associate

P. O. NALY COMPANY

" a summer clerk

J

Love Me, I Love You.

SECONDLY, and for our purpose here. most manifestly and elearI~', God is "DISCIPLINE! Witness the greatness, the reliability and the pret'iseness of each oay God provides for us. Whom the Lord loveth He cbasteneth. Should God fail to the sunrise ALL humanity, as we know would fail.

PRINT;NG • ENGRAVING· STATIONERY

a part time clerk

"a research assistant

Law & Finance Building 425 Fourth A venue

Pho~.:

contact: Duquesne Placement Service Dean John J. Sciullo

JURIS

Pittsburgh. Pa. 15219

March. 1971

261·0366

261-5841

..... iC ):<IVC

Pooh's Views On Appellate Moot Court

By IRWIN 'Pooh' LICHTER Third Year Day

F

OR THE PAST two years, Duquesne University Law School has sent winning teams to the a p p ella t e moot court regional competition and subsequently, to the national finals in New York.

The success of these teams is the direct result of J) an incalculable volume of blinding personal brilliance, 2) natural talent of the first water (not to mention a modicum of modesty and an unfatho~able degree of sheer blind luck) and, lastly, 3) a broadly based appellate court program. The community at large, especially those tyros en t e r in g appellate competition at present, who undoubtedly possess as intimate and first hand knowledge the veracity of the first two previously mentioned attributes, Should, as a matter of self preservation attempt to gain an insight into the forbidding machinations of the third.

As a past National Appellate Moot Court finalist

I present below as an exposition, the appellate moot court program as it exists, or rather subsists, at Duquesne University. And, for those of you who are interested, or fanciers of the bizzare, I append several suggestions for improvement.

In the past, the appellate program has consisted of a series of four inspirational lectures in the latter half of the midyear of law s c h 0 01.

Moreover, each student is, or at least has been in the past, required to submit a quantity of critically evaluated written material and at least one appellate brief prior to entry into actual combat.

After the preliminary busy work, designed to acclimate the student to appellate practices and befuddle his already overtaxed mind, competition is commenced. This paves the way for the first real decision-making plateau which occurs i m me d i ate I y after the initial rounds. The winners are faced with the option of either continuing on to subsequent rounds or discontinuing. The zenith of the bachanalian fete (can you feel the mounting tension and excitement?) is usually reached sometime in April.

The Winners, having been rendered hors de combat, are given the summer for R & R (ruminating and rationalizing) to be followed closely by the Duquesne finals in an effort to select those participants with the proper degree of skill, finesse, intelligence, beauty, and divinity to represent the school at the Nationals.

The program as thus discribed, if set to a good S i m 0 n and Garfunkle tune could un d 0 u b ted I y revolutionize our concept of popular music, cure the common cold and render the listener draft exempt.

However, this is not to say that as a s c hem e for producing competent appellate court practioners it could not bear improvement. Quite the contrary, the program must be recognized for what it is - a beginning, - a stepping stone to a more refined and sophisticated system gleaned from the experience of having produced nationally ranked appellate teams for the past two years in succession.

JURIS

March, 1971

Recognizing the duty to offer improvements to the program, this year's appellate moot court board has been meeting since the past summer and has put forth several suggestions embodied in a proposal whose pro min en c e today is oftentimes favorably compared with that of the holahoop.

Recognizing the existance of more than a few social pariahs who happen to be unfamiliar with the gist of this rare document, a cursive dis c 0 u r S Ii! on the subject is in order.

The board sought "to offer a program which WOUld, for the (irst time and from tbe 0 If set, excite the interest of every participant, exhibit the school in its best possible Ii g h t before the Pittsburgh legal community, and produce those potential litigants who would best be able to represent the school in the National Appellate Moot Court Competition."

(Naturally, what this proposal suggested was that in exchange for three credit hours, tbe board would provide the man power needed to accommodate a highly instructional, in-depth appellate program.

At any rate, although discarded initially, some of the soggestions in the proposal proved to be rather novel (others proved to be downright lewd), and they included, for example, an additional early round of arguments to be judged by the members of the board.

This early round of arguments would have served the function of a break-in round, providing the average student with a much needed opportunity to acclimate himseU with a court room situation and thereby overcome his tnbal nervousness. It would also have offered a preliminary appraisal of his brief, his understanding of the issues involved, and his approach to questioning. Any student who did not perform adequately could then be given personal attention looking toward his eventual improvement. A second preliminary round could be provided these students prior to their carrying the school's reputation into a courtroom before a highly esteemed and reputedly omnipotent member of the Pittsburgh Bar. Unfortunately. this proposal, although not devoid of merit in toto, has been subjected to buck passing par excellence by both sides and cannot therefore, be pragmatically implemented this year. However, for those of you under whose aegis the program falls next year, this proposal, though not the last word on the matter, merits your consideration.

It is expected, however, that the appellate moot court board's proposal will ultimately fall into the hands of those same wonderful people who brought you the non-use of Rule 12 3/4, the farsigbted final examination-cram school conflict and the political pull not class standing employment reqUirements.

In which case, the method to be used whereby the appellate program can continue to produce appellate practicioners capable of competing nationally is to select only those partiCipants whose personal aggressiveness and natural talent will overcome any deficiencies inherent in the program.

Pale Sill

LAW REVIEW:

By JAMES l. ROSS Second Year Day

Should Grades Be The Sale Criteria?

T HE MAJORITY of law schools throughout the

country, Duquesne included, have used grades alone to determine Law Review candidates. If a student is fortunate to have a grade average in the top percentile of his class, he automatically becomes a candidate for this honor. The Board of Editors adopt an arbitrary cut off point (I.e. 15%) and the less fortunate student outside this percentage is denied eligibility. Before analyzing the present system, it should be noted that Law Review is more than a school honor. It has always functioned as an aid for the practicing lawyer and also for the conscientious student in search for a deeper insight of a legal problem. Law Review affords the graduating student extensive job opportunities and, aside from any monetary remuneration, gives the student a sense of pride that he is contributing something to the profession he will soon be a part of. Why should student ~A" having an average of Z.49 be precluded, while student uB" having a 2.5 average be eligible for this honor? Based on this alone can one honestly say the excellence of student "B" is such that he alone should have this privilege. Any distinction made between the quality of both students based on this finding alone is m a a t. Class participation, appellate practice and moot court practice have no impact upon grades at all. Our grading system focuses upon how well a student can address himself to specific legal questions within a limited period of time. If his writing style is non-conclusionary orientated and he has adapted himself to the so-called "method", no doubt he will succeed. For want of no better grading system, should we allow this to further determine Law Review candidates? By allowing grades as the sale criteria for Law Review. one is merely compounding the eXisting inadequacies of the present grading system. It should be noted that this article is not intended to criticize our grading system, as such. In it's dE'fense, it may be said that it is objective and impartial. But the high price of objectivity required in a grading system prevents evaluating the student as a whole. Many individual attributes go unrewarded by our grading system and should not be equally neglected in determining Law Review candidates. If a high premium is to be placed upon Law Review by the legal society, we should look beyond grades in determining M.l!didates. This is not to suggest discounting grades entirely. for grades definitely reflect an important aspect of the student. Grades have always served to motivate hard work and beneficial class discussion, basic for a good legal education. But in addition to grades, there are other qualities of the student equally important.

The University of Cincinnati Law Review has considered the student's writing ability in addition to grades. By so doing, they pro per I y address themselves to that fundamental sktll essential for excellence in any law publication. All students are e Ugible to submit plpers on a particular topic

JURIS

March, 1971

chosen by the Board of Editors. All the students are given the same facts and dead line for completion of the work. The editors of Law Review read and grade the papers baSing their judgement on the statement of the pertinent facts, the statement of the issue, and discussion of the applicable law and the writer's own analysis and proposed solution to the legal question. In the final analysis a certain percentage was aBated to grades and another to the student's writing ability. Although grades alone show an aptitude for spotting issues, essential to good legal writing, the University of Cincinnati is one law school that will not allow legal research, writing ability and genuine commitment to go unrewarded in their selection of Law Review candidates.

In defense of the present system of drafting candidates, it may be said that although not ideal, there is an advantage to it's objecth1ty. The figure may be arbitrary. but the selection of candidates and administration of the system is most objective (to the degree of a locked box system). If grades are of such importance to demand objecth1ty, should not Law Review demand equal criteria? Do not all students begin on equal footing having equal opportunity to excel?

A new system requiring the evaluation of papers

by Law Review editors could allow too m u c h subjectivity, Although a number system would be employed, the papers may be subject to a number of editors' reading. If the burden of administration demands the papers to be divided among a number of editors, there is a danger that different standards will be applied to different papers. What one editor considers to be a superior paper may not be in agreement with another editor's standard. To require each editor to evaluate every paper himself, wbich all fairness would demand, is an over-burdensome task. The reading and rereading of all papers (possibly 100 or more) by each editor would leave little time for their studies, in addition to producing notable Law Reviews. A more serious problem is the hassle created by giving all the students the same topic and deadline. Library facilities would be strained if all students were required to research the same legal problem. Assignment of different topics would further threaten objectivity. If the editors are to collate items as statement of facts, issues, etc. it is paramount that all students submit the same subject matter to facilitate the editors' task in determining the best papers.

This article cannot proport to present nearly all the PRO'S and CON'S of a new system. Nor is this article saying the University of Cincinnati has found the answer. But if Law Review is to continue to live and have a useful implct on the legal profession, it must strive for new and improved changes. Many of the major law schools in selecting Law Review candidates have favored systems evaluating other criteria. The current trend is moving away from grades alone. The time is now to give this honor justice; the time is now for change.

Page Seven

Moral Ethics Vs. Code Of Professional Responsibility MAY AN ATTORNEY disclose incriminating evidence learned while defending a client acquitted of criminal charges; when an innocent third party is subsequently charged with the same offense.

Attorney Jones, while representing Bob, who was charged with embezzlement, learned certain facts Which proved that Bob had ~ommitted the crime, These facts, however, were unknown to the prosecution and Bob, tried on other evidence, was acquitted of all charges, Bill, who works with Bob, is subsequently charged with the embezzlement and faces a strong, though circumstantial, case against him, Assuming that Bob can no longer be prosecuted for his actions, may attorney Jones reveal the facts he learned while representing him that establish Bob's gui It?

By STANLEY STEIN Fourth Year Night The answer to this question involves the interpretation of Canon 4 of the Code of Professional Responsibility which states that" A Lawyer Should Preserve the Confidences and Secrets of a Client • Canon 4 is a re-enactment and expansion of Canon 37 "Confidences of a Client,~ of the old Canons of Professional Ethics. Three additions made by Canon 4 to the Canon 37 concept which are particular Iy relevant to this discussion include (1) a more C'omplete statement of the reasoning behind the general rule of attorneyclient privilege; 1 (2) the explicit distinction between those things which he may not be compelled to do because of the evidentiary privilege2: (3) and a specific reference to the use of confidential information "for the advantage , .. a third person." 3 Ethical Consideration 4-1 states that· A client must feel free to discuss Whatever he wishes with his lawyer and a lawyer mustbeequallyfreetoobtain information beyond that volunteered by his client. A lawyer should be fully informed of all the facts of the matter he is handling in order for his client to obtain the full advantage of our legal system •.• The observance of the ethical obligation of a lawyer to hold inviolate the confidences and secrets of his clients not only facilitates the full development of facts essential to proper representation of the client but also encourages laymen to seek early legal assistance," A BA Opinion 250 with its citation to Mecham on Agency, 2d Ed., Vol. 2, Sec. 2297 is indicated as stating fully the reasons underlying the rule of privilege, But if the lawyer has a duty not to reveal the c~nfidences of his clients, he also has a duty as an offlcer of the court and a "higher duty to society."4 "The superior affirmative duty of a member of the bar to the state, the public, the courts and his fellow lawyers prohibits any relatina of high standards ~t the insistence of or on behalf of a client."5 It IS . ~pparent, therefore, that the attorney-client prlVllege has not existed in a vacuum and that "the scope of the privilege protecting confidential

1.

Code of Professional Responsibility Ethical Consideration 4-1. '

2.

Code, E C 4-4

3. Code, DR 4-101 (B) (3).

STATE v. BARROWS 4.

5Z ronn 323 (l885).

communications between an attorney and his client is determined by judicial and legislative balancing of our legal systE'm's fundamental desire to ascertain the truth by consideration of all relevant evidence and the basic need to foster the disclosure of information between cliellts and attorneys." 6 This balancing has resulted in many exceptions to the general rule, The exceptions are so numerous in fact, that in terms of the evidentiary privilege: as opposed to the general ethical obligation, there can be said to be a judicial presumption against the privilege. a presumption requiring the strict construction of the general rUle,? The exceptions have been characterized as those involving "the superior claims of national security or puhlic safety-S but an analysis of the ~ourt opinions and opinions of committees on professional ethics clearly indicate that (1) the exceptions fall into a Significantly greater number of categories than the two above mentioned (2) the deciding body rarely takes into consideratio~ the extent to which its decision will promote or retard the prime reason for the rule the encouragement of client forthrightness with his la ~er and (3) many of the cases where the attorney has bee~ obliged to provide the information involved harms much less grave in my opinion, than the prospect of an innocent man going to jail, even for a day for a crime be did not commit. ' According to one authority, Canon 37 contained an implied exception which required the attorney to disclose information when such information was essential to the public's safety.9 "Accordingly, where a lawyer has confidenti;aJ information from a foreign government with which the United States is at war he should reveal to the proper authorities that he w~ confidential information from a foreign government with which the United States is at war, he should reveal to the proper authorities that he has received it, and abide the latter'S decision; and he may tell of subversive activities by his client, the common defense transcending Canon 37."10

excepted by both old Canon 37 and new Canon 4 an attorney must disclose his client's intention t~ comn:it a crime.n Botb Canon 3'1 and Canon 4 made the d~closure of the intent to commit future crime p~rmlssible. The deCisions, of course, make such dIsclosure mandatory in the testimonial context This distinction seems to result from the diffe~ence be~een the general ethical obligation and the eVldenti~ry privilege. Tbat is, an attorney who vo~untanly reveals his client's intent to commit :I cnme, even when not required to do so by a court cannot be held guilty of unethical conduct. On tb~ ?ther hand! even though the reading of the Canon IS permiSSIve, the lawyer cannot refuse to disclose when so ordered by a court. Curiously enough, however, altho.ugh t~e future crime exceptioll is grounded on consIderatIOn for public safety, the cases generally do not take into consideration the specific crime thre~tened and tbe actual danger therefrom to tbe publlc. Such cases have turned rather on the extent to which the attorney kl10win rr ly or otherwise participated in continuing or futur: iUegality.l2 Some of the earlier American cases beld that the was vitiated only in cases of violations malum se, and not in cases of crimes malum prohibitum. 13 However, this no appears to be the rule. 14 T.he concept of illegality or unlawful activity as a for the exception, as opposed to threat to publIc safety, has been carried furtller in a body of cases in Which the privilege has been held give way t.o uncovery of fraudulent acth;ty.l5 ?t?er Hl;stances in which the attorney-cUent pflvlle~e YIelded to other conSideration beside public safety mclude a case in which an attorney was to reveal his client's whereabouts in a child custody case after the eBent had removed her daughter from the temporary court-awarded custody of a third partyJ6 Also included are cases sucb as those cited

by Drinker in which a client bas falsely testified as to the nature of injuries SUffered, 17 where an attorney must proteethimselffrom false accusation 18 or protect his right to reasonable compensation' 19 or ca.'ies involving alleged bribes to public official~.20 basl~

- cORttllued all Pave 13

II.

UNITED STATES v. BOB, 106F.2d 37 (2nd Cir. 1939) Cf. Annotation, 125 A.L.R. 508-512.

12.

Cf. A.B.A. Ops, 155 and 156; IN HE RYDER, 381 F2d 713 (4th Cir. 1967)' US v BOB OP. CIT. ' ..• ,

13.

Cf. HUGHES v. BOONE 102 N C 137 9 S E 286 (1889); ALEXANDER v, UNIT'ED STATES: 138 U.S, 353, lIS. Ct. 350, 34 L.Ed, 954 (1891).

14.

Cf. UNITED STATES v. McCAHTHY, 292 F, Supp: 937 (S.D.N.Y. 1968) (conspiracy to bribe penslOn benefit fund offiCial); IN MATTER OF JACK WASSERMAN. 198 F. Supp. 564 (D,C. 1961) (income tax evasion); UNITED STATES v. BOURASSA, 411 F, 2d 69 (loth Cir. 1969) (Counterfeiting coins).

•

In another large category of cases, specifically

5.

Wise, Raymond L., LEGAL ETHICS New York, 1970, p. 160. '

6.

Note, 45 Wash. L. Rev. 181 (1969).

Dike v. Dike, 75 Wash. Dec. 2d 1 448 P 2d 490 (1968). ' .

8. Wise, p. 169.

9.

Drinker, Henry S., LEGAL ETHICS, New York, 1953, p. 137.

7.

10. IBID., p. 137

JURIS

March, 1971

15. Cf. 125 A.L.R. 512-516.

16. DIKE v. DIKE, op. cit.

17, Drinker, p. 137.

18, IBID, p. 138.

19. IBID, p. 138.

20.

BUELL v. SUPERIOR COURT OF MARICOPA COUNTY, 96 Ariz. 62, 391 P2d 919 (I964)' AGNEW v. SUPERIOR COURT FOR THE COUNTY OF LOS ANGELES, Cal. App. , 320 P .2d 158 (1962).

Pale Eilht

Population Probll

By RUSSEL TOBY of .food supplfed, but resorption the fetus (}1~CurS frequently wh.en food snpply is rl?stri~ted and thus h'eps down thl' total population. Many other mechanisms in nature limit animal nny",I"tifm<: levels compatible with the proper the individuals that reach maturity.

IT

IS ESTIMATED that at the present rate of population increase of 2% per year, the world population will double in 35 years. At a sustained rate of increase of 2% per year, the population of earth will be 6xl0 (16 pwr) persons or approximately 100 persons per square yard of Earth's surface, land and sea. (2) J. H. Fremlin, the BrItish theoretical physicist, has calculated that an increase beyond this level would be Impossible due to a theoretical inability of this planet to effectively dissipate the heat produced and reI e as e d by bodies to the atmosphere.(3) Population growth is not occurring uniformly and great disparity exists between nations and regions in the rate of growth. It is believed that a rather neat division of countries may be made into two groups~ those with rapid growth rates (undeveloped countries) and those with slow growth rates (developed countries). It is believed that in the next ten years, this division will become more apparent.(4) The demographically stable industrialized countries enjoy a higher standard of living and have or are developing effective fertility regulation. Birth rates in these countries vary from 1.7 to 2.5% and death rates range from .8 to 1.2%. Most people in these countries are adequately nourished. Included in this group are Australia, Japan, the Soviet Union, Is rae 1, all Europe and Nor t h America and the temperate-zone countries of Latin America. The demographically unstable countries which are struggling toward economic development have no effective regulation of fertility and are inhabited by nearly two-thirds of the world's population, 40% of which is less than fifteen years old. Birth rates vary between 3.8 and 5.0% and death rates range from 1.0 to 3.0%. In some the population doubling time is as low as twenty years. In developed countries however,

l.

Hardin, Ganett; Population, Evolution and Birth Control; Second Edition p. 17; Freeman & Co., San Francisco.

2.

Ehrlich, Paul; The Population Bomb; 1968; p. 18; Ballantine Books, N.Y., N.Y.

3.

4.

the doubling time ranges between fifty and two hundred years. Population is a problem for developed as wen as undeveloped countries, Developed countries are overpopulated by virtue of their inability to produce enougb food to feed their populations. Urban centers are crowded and surfer from related social problems such as riots, crime, and growing slums.

It Is worthwhile to briefly summarize tbe reasons for the rapid growth in world population, In 1650 the world population was approximately five hundred million persons. In 1850 the world population was approximately one billion persons.(5) Seventy five years I ate r in 1925 the w 0 rid population was approximately two billion persons, In 1962 the world population was three billion persons. Between 1650 and 1950 while the world population increased fivefold from 500 million to 2,5 billion, the population of Europe and areas of European settlement together increased sevenfold. A combination of developments including the "agricultural" and "industrial" revolution brought about a sharp decrease in death rates, and an increase in average Ufe expectancy. Three factors contributing to the decline in death rate were the increase in standard of living resulting from technological advancements, development of envlronmental sanitation, and medical advancements including development of effective means of treati~ disease. The great increase in population growth in undeveloped countries results from their retention of a high birth rate and precipitous decline in death rates.

It is generally conceded that there is a severe food shortage today which is likely to worsen in the future, Particularly affected by this shortage are the undeveloped countries which are importing food from developed countries. It is widely but erroneously believed that population size will be controlled in proportion to available food supply, For example, the number of rats in a city increases with the abundance of garbage in the streets, justasvegetation becomes more abundant when fertilizer is added to the soil. On the other hand, food shortage calls into play mechanisms which tend to limit the number of offspring. In mice kept in their natural habitat under controlled conditions the numbers of matings and rate of fecundation are little affected by the amount

How many People Can the World Support?

J. H. FremIin; New Scientist 415: 285-87; 1964.

World Population Prospects; Robert C. Cook; Ohio, S.L.J, 27: 591; FaU1966.

In the case of man the chain that binds reproduetion to abundance of food is often weakened by cultural influences. Nevertheless, it is clear that some of the large spurts in population size that have occurred during historical times have been coincidental with new agricultural practices or trade policies resulting in increased food supply. The introduction of the hean into the Rio Grande Valley brought about a marked increase in the numbers of Pueblo Indians during the sixteenth century. The N a va j 0 tribe increased rapidly in numbers after it began to raise sheep and instead of basing its subsistence merely on the products of hunting. Corn. the sweet potato, and peanuts were introduced into China between A.D. 1550 and 1600, providing readily cultivated, large-yield crops whicb supplemented the traditional grain diet. From approximately 60 mUlion in 1578 the population increased to 100 mUlion in 1660, 140 million in 1741, 300 million in 1850, and approximately 600 million at the present time. So far as is known no other significant change occurred in tbe Chinese way of life; certainly no new sanitary or medical practice was instituted. Yet the population Increased at an accelerated rate despite recurrent bouts of pestilenre and of warfare. Similarly, the domestication of the white potato introduced from the Andes coincided with a population spurt in Europe. In England and Wales the population rose from 10 to 34 mUlion during the nineteenth century, In this case the increase in food supply had its origin in the overseas trade stimulated by the Industrial Revolution.

Benjamin Franklin had given much thought to the population problem. He expressed the be liefthat more Englishmen would be west of the Atlantic Ocean than east of it within 100 years. Neither emigration nor immigration, he felt, was of any significance in affecting the size of population, whereas "If you have room and SUbsistence enough ••• vou mavof one make ten nations • . • or rather increase a nation ten fold tn numbers and strength. "(6) Extreme hunger will check population growth temporarily. Loss of sexual desire was one of the early effects of malnutrition in concentration camps; the famine in occupied Netherlands at the end of the war was followed nine months later by a marked decline in births. Under ordinary conditions. however, food shortages do not seem to constitute effective checks of population size. The birth rate has remained extremely high in most of Eastern Asia despite the fact that chronic malnutrition and periodic famines have prevailed there for many centuries. Clearly, the restrictive mechanisms that regulate population trends in wild animals faU to operate as effectively in man because of cultural interference. Ancestor

6.

5.

Population: The Vital Revolution: Ronald Freedman, editor; Chapter I, 1964; Doubleday & Co., Garden City, New York.

JURIS

March, 1971

Observations Concerning the Increase of Mankind and the Peopling of Countries; Benjamin Franklin in Population Evolution and Birth Control; Second Edition, p. 20; Hardin, Ganett Editor.

Pale Nine

~s

And Solutions

fEPHEN GOLDRING worship in China, religious e t h i c s in Catholic countries, the nee d for fa m il y labor in r u r a 1 communities, and simply fondness for children are all factors wbich tend to increase the population often beyond What appears to be the biologically optimum level. Whatever their state of destitution, most human communities make every effort to permit the survival of Children, even when it is known that these will suffer from malnutrition and disease throughout their lives.

In his "Essay on the Principle of Population as of Society.路 published in 1798, Malthus said that, since any population un c h e c ked in its growth increases geometrically while its food supply could only increase at an arithmetic rate under usual conditions, it was unavoidable that a large part of the world would be condemned to live under marginal conditions. While the abundance now prevailing in Western countries appears incompatible with Malthus' law, the present food-population problem in underdeveloped parts of the world bear out his view. To save people from death by measures of public health is proving relatively easy, but no solution is in sight for the many problems created by their survival.

It Affects the Future Improvement

Experts point out that all the possibilities of food production have not yet been exploited, and that agricultural and industrial technology will eventually make it possible to feed some 10 to 50 billion people tour to twenty times the present world population. But fulfillment of this goal would require drastic changes in the pattern of life, including the elimination from the earth of practically all wild animals that compete with man for space and for plant products. This process, in fact, would not be a radically new departure, for it has been going on for countless generations. Over much of the planet, animal life is allowed to survive unmolested only if it contributes to the needs and pleasures of man, and to the extent that it does not interfere with his interests and comfort. (7) There are, fortunately. many sources of food other than those presently in use. Proteins can be prepared from grasses for human consumption. The oceans have hardly been tapped. Practical techniques for fishpond culture and for the growth of algae under factory conditions could be developed rapidly if needed. Synthetic chemistry may eventually render obsolete the conventional methods of food production.

Synthetic vitamins are displacing the vitamins of natural origin; several thousand tons of fats were produced from coal tar for human consumption during the Second World War; and recently some of the essential amino acids have been produced industrially on a large scale and at very low cost, thus promising to relieve man from his dependence on animal products for adequate protein nutrition. Hunger, so long one of the main drives of human activity, may thus be eliminated as a biological experience through technological advances in food production.

7.

Ecology, Eugene Odum 1963 Cbapter 3; Holt Rinehart Winston Inc., N.Y., N.Y.

It is frequently stated that wars and especially disease constitute the most effective checks to unrestricted popUlation growth. There is no doubt, indeed, that certain diseases can have this effed by shortening the average span of life and decreasing the birth rate. Tbe enormous infant mortality that prevails wherever malnutrition is widespread and sanitation defective is probably the most important factor in this regard. During recent years in Ceylon the generalized use of the insecticide DDT brought about a reduction not only in malaria but also in infant diarrhea, Simultaneously, the over-all de a t h rate dropped almost one-half and the birth rate rose, Thus, one single public health measure resulted directly or indirectly in a rapid increase of the C e y Ion population. It is far from certain, however, that the effect of public health on population growth will be lasting. While it is obvious that malnutrition and infection take a large toll in most communities, it is also true that various compensatory mechanisms can neutralize their effects. As a rule, birth rates are the highest preCisely in the areas and groups where infant mortality also is the hightest. Even the loss of life caused by wars and epidemics has in general but very few transient effects on population trends. The tremendous death tolls exacted by plague during the Justinian era and the Renaissance, or more recently by influenza and the two world wars, were in each case more than made up for by actual exponential increases in world population within a few decades.

On the other hand, the fact that the wor ld population is increaSing presently at an alarming rate does not necessarUy mean that t his trend will continue indefinitely. The stimulating effect of tecbnological advances, sanitary practices, and improved medical care might well be followed by a phase of falling birth rates, as has been observed on several occasions in European countries, When food shortages and kUling diseases are no longer acute problems, the distaste for effort, the desire for comfort, the craving for social prestige, as well as other cultural forces, become limiting factors in population growth. Food may one day be produced in amounts sufficientto feed 50 billion people, but past experience shows that men Who are adequately fed develop preoccupations and tastes which tend to restrict the number of their progeny.

Thus, population trends are influenced by many opposite forces. On the one hand, biological exigencies and cultural urges make it appear unwise to let the world population grow beyond a level compatible with a life comfortable, safe, and easy for all. On the other hand, men continue to want children despite the threat of starvation, disease, war, and disaster. Mankind

JURIS

Marcb, 1971

behaves as though governed by the subconscious faitb th.at life is always a worth-while adventure, even when the actual experience spells privations and tears.

Another problem related to increasing population is the disturbance of the delicate ecological balance in nature resulting from increasing demand upon natural resources and alteration of the natural environment.

Increased food prodnction involves large scale efforts in environmental modification sucb as the use and conversion of land for agricultural purposes and the use of pesticides to control or eliminate undesirable organisms. Such measures result in a simplification of ecosystems by man and resultant lesser degree of stability associated with Simpler ecosystems. The more complex an ecosystem is and the more genetic variants it contains, the greater its ability to"buffer" itself and resist alteration.(8) The increaSing population and increasing industrialization demand greater amounts of energy from our natural resources.(9) The primary sources of inanimate energy are coal, petroleum, natural gas, water power and wood. Fossil fuels such as coal supply more than ninety percent of all energy used for productive purposes. It is estimated that as both population and per capita cOllSumption of energy are increasing, that energy demands will increase at least twentyfold by the year 2050 and the world's coal reserve would be soon afterwards exhausted.

Likewise it is estimated that if the world percapita consumption of petroleum equaled that of the United States in 1950, the petroleum reserves would last less than forty years. It is possible that the petroleum reserves of undeveloped countries will be depleted before these countries begin the i r in d u s t ria I development.

Water is a renewable source. It, unlike coal and is recycled rapidly by nature and by arhficml means. However. estimates indicate that utilization of all potential water known in Nor th pet:ol~um,

cOlltt~ued

011 Page 10

8.

Ecology, Eugene Odum 1963, Chapter 6; Holt, Rinehart Winston Inc., N.Y., N.Y.

9.

The World's Exploding Population; Karl Sax; Chapter 5, 1963; Beacon Press; Boston, Mass.

Pale Ten

Population Problems and Solutions - continued tram page 9

America would prOduce only fifteen percent of the total per-capita consumption of energy. Possible utilization of atomic and solar energy does not permit production of adequate amounts of energy for projected human consumption. (10) For the above reasons. the pOpulation problem is considered to be the most critical social problem of our timej (ll) a problem both national and international in scope.(l2) Now that we have an awareness of the dramatic consequences of an overpopulated world, what can be done to prevent it and to preserve the remaining quality of our environment? The pro b I em of overpopulation is not a recent one. It was antiCipated over one hundred and twenty-two years ago by such men as John Stuart Mill: . . • if the earth must loose that great portion of its pleasantness which it owes to things that the unlimited increase of wealth and population would extirpate from it, for the mere purpose of enabling it to support a larger, but not a better or a happier population, I sincerely hope, for the sake of posterity, that they will be content to be stationary, long before necessity compels them to it. (13)

This is the exact situation that we find ourselves in today, The concern of the United states in this area was recently manifested in President Nixon's message to Congress: If the present rate of growth continues .•. by the year 2000 or shortly thereafter, there will be more than three hundred million Americans. Thisgrowth will produce serious challenges for our society. I believe that many of our present social problems may be related to the fact that we have had only fifty years in which to accommodate the second one hundred million American. (14)

The concern of Congress in the area of overpopulation is shown by the idea of a broadening federal program for curbing population growth. On February 18, 1970, the House of Representatives approved by a 371 to 13 vote, a bill that would create a "Commission on Population Growth and the American Future. "(15) The concern is also evidenced by the reports of the Hearings before the Committee on Government 10.

Id, Chapter 6

n.

Arquendo: The Legal Challenge of Population Control.

A. p. Blaustein; Law and Loc Rev 3:107; Ag 1968.

12.

13.

14.

World Population and International Law; R. A. Falk, American Journal International Law 63:514 July 1969.

Mill, John Stuart; Principles of Political Economy (1848).

"The Drive to stop Population Growth", U.S. and World Report, LXVlIT; March 2, 1970; p. 38.

Operations of the United States Senate., concerning the population crisiS; where they had before fhem the country's most noted authorities in this area.

So the concern is there. the suggested solutions are many and varied - the legal implications great.

Traditionally. the law has stood as an impedment to effective population control. In REYNOLDS v.

REYNOLDS 85Mass. 605 (1862). Justice Bigelow stated that •.. The great object of marriage in a civilized and Christian community is to secure the existence and permanence of the family relation, and to insure the legitimacy of offspring; which insinuates that procreation is the principle function of marriage. The legal authorities, for reasons not really related to population policy, have been 1n s t rum e n tal in encouraging more rather than fewer chUdren. There are the tax laws, with exemptions for children that indirectly encourage larger families. Statutes in many states place various obstacles in the way of dissemination or information of birth control devices.

An examnJe of this was GRISWOLD v.CONNECTICUT 381 U.S. 479 (1965). The Appelant Griswold was Executive Director of the Planned Parenthood League of Connecticut. The other Appellant, Burton "''3.S the M e d i cal Director for the League. They g a v e information, instruction and medical advice to married persons as to the means of preventing conception; and were arrested for doing so. There are also criminal statutes which prevent abortion from being an effective means of population control. These cases and regulations evince long-standing concern of-law making agencies in the area of human reproduction; whatever the reason for their intrusion may have been.

The adoption of legal measures for population control would, therefore, not constitute an intrusion by the law into an ar€'a of human relations formerly exempt from legal influence,(I6) The most acceptable method of population control is contraception or birth controL A major stride in the birth control movement was made in GRISWOLD v. CON!I!'ECTICUT when in that case the United States Supreme Court held unconstitutional the Connecticut statute prohibiting the use and dissemination of contraceptive devices. The majority opinion written

by Justice Douglas held that the Connecticut law infringed "the zone of privacy· created by the penumbra of various constitutional guarantees. It would seem; however that in the specific context of birth control, the major significance of the seven to two decisIOn is that it established a prinCiple of voluntarism.

This principle recognizes and protects the right of parents to "choose the number and spacing of their children within the dictates of individual conscience .(17) Now with the technical means of population control at hand, will there be a national policy adopted in this area? The major step in attempting to formulate a national policy in this area is to repeal the numerous statutes which discourage the use of contraception in various tangential ways.OS) These include the federal statute forbidding the shipment of contraceptives

through the mails (18 U.S.c. this statute is very seldom the r€'peal of as with anv other old statutes on the books are no longer enforced, would demonstrate an affirmative desire on the part of the """",,.nm to promote and Hncourage effective population control would be methods. An even more positive statutes which make contraceptive and devices available to everyone and which affirmatively promote birth control by making VU'JU ..lIW'U the business of specified government ':lO"t'n('fp~ statutes of this type have already been enarted in Colorado. They authorize the county welfare department to provide the full range and birth ('ontrol services to thos€' intf'rested.

In fact it has been suggested that the may have a positive duty in this area. established the right of voluntarism But what about the people who are the means of birth contrQl?

rnK'UJnT

If the government does not a program in this area then the right given GRISWOLD may become meaningless. The to GIDEON v. WAINWRIGHT 372 U.S. 335 will s e r veto illustrate the a r gum e n t that the government has a positive d u t y in the area of population control. In GIDEON, the court recognized the fact that the Sixth Amendment gives a person accused of a crime the right to counsel, but if he cannot afford counsel because he is econornicallv deprived then this constitutional right has no meaning at all. The court there held that the government is under an obligation to furnish people aCl'used of a crime representation when they cannot afford it.

What the court is really saying is that a rig'lt which cannot be exercised because of € con 0 m i c impoverishment is not really a right at all and that the government must provide that citizen with the means necessary to exercise this right. Therefore, when the government gave the right to voluntary family planning in the GRISWOLD case, they may have a corresponding affirmative duty in this area to afford the citizens the means necessary for exercisIng their right.(20)

There are still certain problems in the area of government sponsered or government subsidized birth control methods. An important limitation is that they are not used. In England, according to a recent national sample, only six percent of those who have used birth control have ever received family planning advice from a clinic. In Japan, where over eight hundred health centers include family planning, an experienced observer estimated that. "Of the families

15.

Ibid. p,37

16.

Clarke, Homer H., Jr.; "Law as an Instrument of Population Control" University of Colorado Law Review 40 (1968); p. 186.

17.

Piepel, Harriet F.; "Birth Control and a New Birth of Freedom" 27; Ohio Law Review (1966); p. 68\.

19.

Ibid.

Clark, op. cit. p. 195.

20.

Piepel, op. cit. p. 689.

- continued on page 11

18.

JURIS

March, 1971

Population Problems and Solutions -coatiBusd /Tom page 10

utilizing birth control in Japan, not more than ten percent have received instructions of material from government services.-(21) From the statistics, it can be seen that many times government programs fail because of a lack of knowledge of the devices or materials available by those for whom the programs were designed.

A sec 0 n d method of population con t r 0 1 is sterilization. In the United States, sterilization has never been regarded as a means of population control although it eminently qualifies as such and is currently being used for this purpose in such countries as Japan, Puerto Rico and India. Sterilization involves an operation upon the reproductive organs of a man or a woman with a view to terminating permanently his or her capacity to produce a child. The most common male operation, known as a vasectomy, cuts and seals a part of the tube through which the sperm proceeds from the testicle to the u ret h r a.

Salpingectomy, in the case of a woman, involves the se~ering or tying of the fallopian tubes, through which the ovum passes from the ovary into the womb. Neither of these operations entails any loss or sacrifice of sexual pleasure. Both are drastic in that the sterility thereby achieved is permanent within no assurance that the result can be reversed by a subsequent operation.(22) In the area of voluntary sterilization there are some states which prohibit this operation (Conn.

Gen. Stat. Amm. 53-33 1960). These statutes prohibit sterilization except for medical necessity. In the absence of such a statute the common-law rule would seem to permit this type of an operation. It can also be argued that any statute prohibiting vol un fa r y sterilization would be held unconstitutional under the rational of the GRISWOLD case. It would appear that a state would be forbidden to intrude into the area of voluntaryism established by Griswold. the only difference between the two types of birth control, contraception devises and s t e r iIi z a t ion is that sterilization is a permanent.(23) The area of involuntary sterilization, or compulsory sterilization, presents a different set of legal problems. There are statutes in many states which require the compulsory sterilization of sex offenders h a b it u a I criminals and men t al defectives. Th~ constitutionality of these statutes were upheld in BUCK v. BELL 274 U.S. 200 (1927). BUCK v. BELL upheld a Virginia statute authorizing compulsory sterilization for feeble minded persons in institutions of that state. However the constitutionality of these types of statutes are open to doubt today.

The most serious difficulty with compulsory sterilization as a birth control measure is that is interferes with one's capacity and fulfillment as a human being in an intimate and irreparable way and the state should not exact this sacrifice of individuals unless voluntary methods have failed and population growth has reached emergency proportions.(24) The situatIOn has not reached that great an emergency in the United States that would justify compulsory sterilization after two children. Also, there is the emotional reaction of tile populus that would result

21.

i f

from such a statute. Germany's experiments in the area of procreation during World War n is enough to give us many second thoughts about compulsory sterilization.

A third major method of population control is abortion. Abortion, unlike sterilization, is a major method of population control in the United states. The estimates on the number of abortions performed in the country annually range from two hundred thousand to one million two hundred thousand.(25) Abortion today is illegal in a majority of fifty states. One state where it is legal to perform an abortion is Hawaii whieh recently passed a statute permitting abortions for other than the rap u ti c reasons. The only requirement. deSigned primarily to prevent Hawli from becoming an "abortion capital-, is a three month residency in the state.

Abortion has been legal in Japan for twenty-one years and in that time over twenty million abortions have been officially registered. The true total is generally believed to be double because of the cases that go unreported by doctors evading taxes or paperwork.(26) The Eugenic Protection Law in Japan spelled out a woman's right to terminate a pregnancy when it's a threat to her well-being. Most Significantly it recognized that both physical and FINANCIAL considerations can effect that well being.(27) Today, more than ninty percent of the reported operations are requested because of "economicnecessity with no proof required. The success of Japan's abortion law can not be denied. In 1948, Japan was faced with the same potentially disruptive situation that is present in the United States today.

Abortion has been the number one factor in birth control in Japan for two decades and a major ingredient in the Japanese economic "miracle".

The major argument against abortion by those opposed to it is that it constitutes the taking of a human life. They contend that there can be no distinction drawn between a fetus and a living person.

The argument can be raised that a statute legalizing abortion would violate the Constitution of the United States. The argument would be that the fetus is a person and that permitting the abortion deprives this person of his life without due process of law in violation of the fourteenth amendment. (28) However, the law has traditionally differentiated between a fetus and a living person in other areas of the law.

24.

Ibid. p. 193.

25.

Sulloway, op. cit. p. 221.

26.

28.

Morse, Jane; "Japans Answer to the Population Explosion-, The Pittsburgh Press Parade; March 15, 1970; p. 19.

Clark, op. cit. p. 188.

Stycos, J. Mayome; "Effective Implementation of Fertility Control Programs-; Readings on Population, ed. David M. Heer; New Jersey: Prentice Hall, 1968; p. 225.

Performing an illegal abortion is still not considered murder as it would be in taking the life of a liVi.rlg person rather than a fetus. In the area oltal law there is no exemption given lor a fetus, only for ; li~'ing person. The legal poSition. then is that the Unborn child under certain conditions is entitled to legal rights and under other conditons is not entitled to legalrigbts.

There is then no constitutional rule that be must be given all or any of the rights of a living person; therefore further liberalization of the abortion laws raise no substantial constitutional issues.

Some of the anclUary methods of birth control that have been suggested range from postponement of marriage to a child-tax. In the area of taxation the suggestions have ranged from the elimination o( tbe standard deduction to placing an additional tax burden on couples who have more than two children. The problem with the tax solutions are that they art' fundementally unfair. They would effect the poor more than the wealthy. Theywouldbehuding 01 our. population who most need help. Another use of tile taxlng method would be to cease taxiDg more than married ones, But, even here, a family more money than does a single person and we would still be hurting the fundemental units 01 our ""T""'.

Another method of population control is encouraging postponement of marriage beC3.Uire individuals who have not married by the time are in their late twenties often do not marry at It would be difficult to accomplish this means a because the marriage age depends more on socia-land economic conditions. Tbere would be a ooed to keep a child more dependent for a of which itself may have as many tWi;aQ'vaJJlla~(es does advantages. other suggestions include reduced leaves, reduced family allowances public housing on the basis of family of granting fellowships and other educational married students,(SO) The problem with all these solutions is that tbey effect the more than do the wealthy and this in unfair.

An encouraging sign is the of the FAMILY PLANNING SERVICES AND RESEARCH ACT OF 1970, Public Law 91-572; Stat. approved December 24, 1970. This Act establishes the Office of Population Affairs, under HEW, as the central agency in Government responsible for population research and family planning. Also included is a new Title X to the Public Health Service 42 USCA 201, (58 Stat. 682). This amendment " ..",.vkl"", for grants to states for family planning services with sums allocated on the hasis of population and financial need; grants to public or nonprofit entities for research; and grants to public norwr.:i!it private entities for developing and making available family planning and population growth information.

There is, disappointingly, an absolute prohibition against use of the funds made available under Title X in connection with any "program where abortion is a method of family planning." This would seem to apply only to funds distributed under the amendment to the Public Health Service Act, and would not restrict the Office of Population Affairs from research into the use of abortion as a means of population control, if funds could be obtained uoder some other authorization. Another question is whether tbe existence of a liberal state abortion statute would fall under the prohibition so as to deny that state continued on Page 14

22.

Sullo way, Alvah W.j Population Control; Duke University: Oceana Publications, 1961; p. 218.

29. Population Policy: Will Current Programs Succeed?

Kingsley Davis Science vol. IS3; no. 3802; 196'7 p. '737.

23.

Clark J op. cit. p. 192.

30.

JURIS

Mar~b,

1971

ibId p. 737.

Pale Twelve

P.A.D. Egan Chapter

By JOHN S. SHERRY, vice justice

S.B.A. Column

By JAKE MYERS JULIA BURKEE FIRST WOMAN "BROTHER."

The Student Bar Association - Student Government is a Conduit.

As the 1970-71 Academic year draws to a close and attention is being focused on programs for next year, a few words should be said about what the Student Bar has accomplished to date, and what it should attempt to accomplish in the future.

If asked to state in a word what the Student Bar's most Significant accomplishment has been this year.

I would have to say COMMUNICA TION. Communication with the faculty and administration, communication with the needs and wants of the Student Body.

Our foremost objective this past year has been to open up the channels of communication between the students and faculty so that we could begin to appreciate each others problems and interests.

Channels have also been opened to a point where the sentiments of the students are known prior to the making of any final decision by the Dean or by the Faculty Committee as a Whole. For this reason we sought a structural change in the Law School Administrative Process, and the result has been a tremendous learning experience for both students and faculty.

ON

FEBRUARY 25, Phi Alpha Delta held Its Second Semester Initiation Ceremony in the Faculty Lounge of the Duquesne Union. This semester's Induction was quite different from those of past years because of the admission of Mrs. June Sehulberg and Miss JuUa Burkee as Egan Chapter's first women "brothers." This precedent shattering event was made possible by amendment of the Fraternity Constitution at the New Orlean's Convention last September. Mrs. Schulberg Deputy Coroner of Allegheny County and a 1969 graduate of Duquesne University School of Law, became the first woman alumna member and Miss Burkee. a first year student, became the first woman to be admitted to the Active Chapter. It Seems only fitting that Mrs. Schulberg should be the first woman admitted to membership since she had attempted to gain admission as a law student only to be frustrated in her attempts by the P .A.D. Constitution's exclusion of women. other new members inducted were Robert Costello, Thomas HeSSion, Rohert Johnston, Robert Rosen, Gerard Sorg and Herhert Zeh. The Brothers of Ph! Alpha Delta extend a fraternal welcome to all of our new members.

Future plans for this semester include chapter elections of new officers on March 10 and tbe Anrrual Awards Banquet at the Holiday House on March 20, at which time the new officers will be installed.

Upcoming in April is the District XIV Conclave Meeting of P .A.D. which is being conducted through the cooperath-e efforts of Egan and Watson (Pitt) Chapters, along with Mr. Alan McClain, District Justice. The Conclave wiH be held at the University of Pittsburgh April Z a.nd 3, and will be attended

by P.A.D. r~presentaUves from Law Schools in Pennsylvania, West Virginia and New Jersey. Plans for the Conclave include a welcoming reception on the evening of Friday, April 2. On Saturday, AprIl 3, the program will begin with morning Workshops involving Chapter and National business. In the afternoon, a Panel of Judges and young lawyers will discuss the topiC. "What young lawyers do wrong and what judges do wrong." The Conclave will close with a banquet at which Judge Masterson ofthe Eastern District of Pennsylvania will be the guest speaker.

We as students day and night - have learned that many factors which lie far beneath the surface of any particular question must be taken into consideration. By the same token, we believe there has been an erosion of the faculty myth that the students are incapable of, or not genuinely interested in determining the welfare of the Law School.

Help keep our mailing list up to date.

This newly gained knowledge and appreciation has molded a family of students and faculty that can move as a united force to make Duquesne a superior Law School.

......

WHERE ARE YOU NOW?

NAME .................................................................................................. .

NEW ADDRESS ........................................................................... . no. street ·······~ity··

...................................

'~'t~t~"""

............................ ;ip······ ..

FIR.M NAME ................................................................................ -... -.... Looking ahead, I like to beUeve that we have just begun. Now that we are truly becoming a family it is time to put away the tools of division. We as students should have trust and confidence in members of the facuity. The faculty should become less conscious of enroachment on their prerogatives. In general, we both need to become more flexable. We must recognize respective rights and obligations, with each group willing to honestly express their position without fear.

POSiTION ............................................................ _................................ .

Names of other alumni who may nof be on the mailing list.

NAME .____ .. ___ ._ ... __ .. _... _._ ... ___ .. _. ___ .. _________ . ___ -. ______ ..__ .. -____ ----_________ .-_.. --. state zip street city NAME._______________ ..___ ..__ .. _______ ... ______ . __ ....__ .__..... -.-.---..... ---.. -.--------. no.

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March, 1971

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Page Thirteen

Moral Ethics V s. Code Of Professional Responsibility -- continued from page 7

For the sake of this decision, however, we shall treat the possible harm to the client as relevant.

Should an attorney permit an innocent individual to face a jail term plus the destruction of his reputation and future career, for the sake of his c 1i e nt's reputation and career? Assume also that there have been any. In searching for an authority, can't we make an analogy to the cases involving court-granted immunities to defendants who have asserted their 5th Amendment privilege? In MURPHY v, WA TER FRONT COMMISSION, 378 U.S. 52, 84 S.Ct. 1594, 12 1..Ed. 2d 687 (1964), the Supreme Court in die ate d that witnesses could be compelled to testify once they were granted complete immunity from prosecution. The court did not consider possible damage to the witnesses' reputations in order to "implement this constitutional rule and accommodatE the interpsts of the state and Federal Governments in investigating and prosecuting crime • • . "21 It awears, therefore, that the interest in the fair administration of justice gives way only when the l' ountervailing interest involves freedom from criminal conviction unfairly achieved. Considerations of damages to reputation and other personal losses are not brought into play, even though the privilege rises to constitutional stature. Is there any reason why such considerations when balanced against the unfair conviction of a third party, should be brought into play when the privilege is not constitutional.

The final question is whether to require disclosure in this instance would undermine greatly the confidenee which the rule seeks to encourage between attorney and client. I think that permitting disclosure in such a case will have little effect on the value of the attorney-client privilege to encourage mutual confidence. Candor, of course, carries its own reward in terms of adequate representation. It is unreasonable to think that a client will refrain from telling his attorney everything simply because of the remote possibility that the attorney may make a disclosure in the future for the purpose of preventing the conviction of an innocent person. This will be particularly true when the client is faced with the prospect of a jail sentence. The present incidence of elient reticence and distrust will hardlybe increased because of the limited incursion into the privilege which is here suggested. And the innocent individual, always the special ward of the rules of criminal justice ("It is better that ten guilty men ..•. , etc.) may be soared unnecessary hardship and harm.

In addition, because of the extensive nature of tiJe exceptions to the rule at present, clients cannot now be sure what their lawyers may treat as confidential and to what the privilege will attach.

As a conclUSion, and in order to minimize objection to the notion that the attorney has a duty to make necessary disclosure in this case, I suggest that extraordinary procedures be set up to minimize the publication of the confidences. The attorney, for instance, could be permitted to make affidavit before the judge and prosecution, on the basis of which affidavit the District Attorney should have the power to recommend a not guilty verdictor agree to discontinue prosecution.

Careful record should be made of the information and stipulation entered that such information can never be used against the client in any proceeding, unless independantly discovered by the prosecuting authorities who would have the burden of proving beyond a reasonable doubt the independant discovery.

The record should then be impounded, subject to release only upon lawful order of the Supreme Court for good cause, such as where the District Attorney is accused of improper conduct in relation to the case and its discontinuance.

+

witnesses testifying in criminal cases in the county in which the trial takes place. Finally, the affiant cannot be the attorney representing the innocent accused and he must not accept any fee for services rendered in connection with the defense of the third party.

For the foregoing reasons, therefore, the answer to the question is that the attorney-client privilege should not prevent an attorney from disclosing the confidences of a client when the failure to so disclose will result in the wrongful conviction of an innocent person; provided, however, that the client has been acquitted of or otherwise immune from any criminal charge to which the disclosed information might be relevant.

In answering this question, should we take into account the possible harm to the client whose confidence is being revealed? A study ofthe cases will indicate that the courts have not done so. The courts have not said, for instance, we will permit disclosure in one case because the client will suffer at most a money judgment, but we won't in another case because the client is likely to go to jail. The question of the possible harm to the client has been treated as an irrelevancy, even though in most of the cases discussed above, the disclosure threatens to result in the client's conviction for a crime. If the harm to the client is irrelevant in a case where he faces jail because of the disclusure, why should it be relevant in the case where the harm, as hypothesized, is merely the possible injury to reputation, certainly a much less serious harm than conviction and jail?

We have assumed, remember, that the client cannot be tried again for the crime, and the disclosure will never appear as evidence against him in any courtroom.

It can be seen, therefore, that in many of the cases in which disclosure has been ordered, the harm from non-disclosure has not been such that it posed a threat to the public safety or national security. The question, therefore, is whether the privilege should be upheld when the harm of non-disclosure is the conviction of an innocent individual, in the face of cases in which disclosure was required when to avoid harms of far less consequence to third persons.

" an associate " a summer clerk

J

a part time cle

..; a research assi contact: Duquesne Placement Service Dean John J.

21.

Cf. also PEOPLE v. IANNIEL 418, 288 N.Y.S. 2d 462, 235 N.E.

den. 393 U.S. 827, 89 S. Ct. 2nd 98 (1968).

Hard day In court?

Relax at

Cocktails j]1t~ •

.1u,nch •

:bin-fteJt

1a1te-()uI; $e/UUce

kilcht'll open 7 a.m. to midllit!ht

-

Severe penalties should be meted out to any attorney who knowingly makes false affidavit in this regard.

The affiant should not be permitted to receive as compensation for giving testimony or affidavit any amount other than the usual witness fee paid to all

Plume 261-34.!}7

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1033 Forbes Avenue, Pittsburgh, Pa. 15219

Duquesne Law Review Synlposium

Population Problems and Solutions

On July &, 1970, the Supreme Court of Pennsylvania, 1n CIPOLLA v. SHAPOSKA, took an "interest analysis" approach to determine whether Pennsylvania's law, or Delaware's law, should apply in a cause of action between a Pennsylvania guest and a Delaware host. The Pennsylvania resident, while on his way home tram Delaware, was seriously injured because of the defendant's negligence. An analysis of the poliCies behind the competing laws indicated that earh state's law could apply to further its own policies. Pennsylvania, nevertheless, applied Delaware's law Which denied PennsYlvania's resident a recovery.

The significance' of this opinion invited a modern examination of the choice of law area. The Duquesne Law Review, in response, contacted tbe following eminent Conflicts Scholars to comment upon the opinion and the court's analysis:

-continued tram paue 11

Federal funds.

Even with these problems however, the passage of the Act is a positive indication that legislative concern is being transformed into action.

DAVID F. CAVERS Harvard University School of Law ALBERT A. EHRENZWEIG University of California School of Law, Berkeley ROBERT L. FELIX University of South Carolina School of Law ALFRED S. PELAEZ Duquesne University School of Law COURTLAND H. PETERSON University of Colorado School of Law ROBERT A. SEDLER University of Kentucky College of Law DA VID E. SEIDELSON George Washington University Law School AARON D. TWERSKI Duquesne UnIversity School of Law

CONCL USIONS Much of the writing and retoric in the area of population control centers on the problem itself.

Manv of the writers take great delight in quoting statistic after statistic on how we will continue to increase until we will burn up because of the heat of our bodies. This type of dramatic writing however does serve to make people aware of the fact that there is a population problem. This itself is the most fundamental thing that must be done to combat the population crisis. If we hope to control population on a voluntary and non-compulsary basis we must first educate people to the fact that there is a problem and they must do something about it. We must however provide them with the means necessary for them to limit their families. We must abolish our present abortion laws and permit women to obtain government subsidized abortions on a voluntary basis to limit the size of theIr families. We must abolish our laws against voluntary sterilization and permit men and women who desire to limit their family size with assurance to do so. We must furnish government subsidized contraception programs. We must attempt to make these methods well known and placed into the hands of the people who most require them. This should be done by an education program on birth control begun in the publiC school system.

EnvIronmental quality control is perhaps the most popular and discussed topic today. However at the basis of our air pollution and water pollution problem lies an ever increasing population. Even granting that we could solve the problems of air and water pollution would we then have a quality environment?

I think not. As professor Toshio Kuroda of Japan's Institute of Population Problems stated: When there ".re too many human beings they fall too low, they have no value. In a controlled population a worker can choose where he wants to work; he is not a surplus commodity. His human rights are respected.

JURIS

The result is the most recent and exhaustive analysis of choice of law rules and conflict of laws. The Review suggests this work will be a valuable addition to any law library. The expected publication date is April 15, 1971: should you desire a copy, fill out the form below and forward $2.00, for each one requested, to the Duquesne Law Review, Rockwell Hall, 600 Forbes Avenue, Pittsburgh, Pennsylvania 15&19.

I I

-------, EDITORS: PLEASE FORWARD THE SYMPOSIUM ON CIPOLLA V.SHAPOSKA

I I

I I

No. of I s s u e s - - - - - MAILING ADDRESS: Name . • . • • . .••..•.•.••.•.••.•..

Address . • •• City .

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March, 1971

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M~rch.

1971

Palo Sixteen

Alumni Record L '69 - ROBERT E. COL~LLE •• " • recently became too SUperintendent of the Pittsburgh Police Department as announced by. Mayor Peter F. Flaberty. The former North Hills Catholic scbool teacher and football eoach held the position of Assistant Public Safety Director prior to assuming his new title, While teaching high school on a fuUw time basis, Mr. Colville attended the Evening Division of Duquesne University and graduated in 1963 with a Bachelor of Arts degree.• He then joined the PIttsburgh Pallee Force and eonUnued his academic efforts at Duquesne as a law student during which time be was promoted from beat patrolman to a member of the Homicide squad.

Gra.duating 5th 1n a class of 75, Mr. Colville became a member of the Bar in 1969 and quiekly rose in the Poliee hierarchy to become Assistant Director for Career Development in August 1970 and Superintendent tn 1971.

by Thomas N. Silverman

Mr. Colvine, his wife Judith and tbelr three children reside in the North Side section of Pittsburgh.

L 'SO - PHILIP SQli!tDING . . . • bas recently been l.pl101nted by United steel Workers Association President I. W. Abel as counsel for the Union's Contracts Administration Department. He is a graduate of the University of Pittsburgh and Tbe Duquesne Law School. Mr. Schetdfng worked for the USWA as a law student graduating in 1950 as a member of the Evening Sebool Division. He was admitted to the Pennsylvania Bar and joined the USWA Legal Department in 1962, He has had extensive experience in both the Arbitration and Legal Departments and in the Joint Studies program where he served as tile UnIoo'smemberoftbeJointCommtttee on Local Working Conditions In the Basic steel Industry.

With the exception of a few years, sinee 1952 he has been cotinsel for the Jones and Laughlin USWA BaSic Steel Negotiating Committee. Just recently he completed a two-year task as coordinator for the USWA In the preparation of the. 1970 edition of the Steelworkers Handbook on Arhitration Decisions.

"

eDtroRS NOTE: The entire JUR18 staff Wishes Supt. Colville the very !)est of luck in his new assignment.

L '!9 - WILLIAM S. SQlWEERS ... a graduate Vincents College and the Evening Divtsion of Duquesne Law SChool, served as a law clerk for Judges Henry Ellenbogen and William F. Cercone folloWing hts admission to practice. He is presently a partner in the loeal law firm of Harrington, Feeney and SchWeers located on Ross Street in downtown Pittsburgb. As platntlfrs counsel. Mr. Schweers Is primarily concerned with Personal Injury and associated Negligence practice. He is a past President of the American Trial Lawyers Association (1969) and a present memo.!r of the Academy of Trial Lawyers.

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L '59 - PATRICK R. TAMILrA. .. • graduated from Duquesne University in 1952 and then returned to his Alma Mater to obtain a Law degree as a member of the 1959 Evening School Division. During his law school career. Mr. TamUia worked at the AlIe a OOny County Juvenile Court as both a probation and intake officer. Following his admission to the Bar I he served as a law clerk for the combIned Judges of the (then) County (now Common Pleas) Court. Shortly thereafter, in 1961, he was appointed Director of the Domestic Relations DiviSion of the same eourt. In 1969, he was elected Judge of the Common Pleas Court and assigned to the Family Dhision..Judge TamUia is eurrently a board member oC the local March of Dimes chapter as well as Consultant to the Forensic Serviees Division of the Western Psychiatric Institute. He is also an active member of bOth the Pittsburgh and National Councils on Crime and Delinquency. From 1964 thru 1968 Judge TamUia chaired the Family Division of the Allegheny County Bar Association.

As a member of the Family DiviSion Planning Committee, Judge Tamilia signlftcantly contributed to the preparation of (what is now) the Family Planning Proposal lor the Common Pleas Court.

Recently Judge Tamilia has been named Adjunct Professor of Law at The Duquesne Law School wllere he fs presently teaching Domestic Relations.

He considers the opportunity to teach Family Law a challenging experience and hopes to bring an awareness to his students of the need for a sweeping reform of Marriage and Divorce law as it now exists in Pennsylvania. According to Judge TamiUa, ., particular focus should be placed on the utilization of pre~marital and prewdlvorce counselling." Judge TamiUa also feels that if favorable results were obtained in the area of Family LaW its effects would carryover into related aspects of Crime, Delinquency and Soeial Disorganization.

*

L '67 - CAROL MANSMANN • •• served as a law clerk tor Judge Ralph Smith Jr. of the Allegheny County Common Pleas Court following bel' graduation from the DayD1v1slonClasstnl967.Jnl968. she took a position With the District Attorney's Offiee of the Cfty of Pittsburgh and was recently ntmedAsslstant District Attorney and Chief of Appeals. Mrs. Mansmann was the first woman to prosecute a murder case in Allegbeny County and during her brief career has twice argued before The United States Supreme Court.

She and classmate-huSband J. Jerome Mansmann make their home in the South Hills section of Pittsburgh.

st.

Mr. SchWeers is also a Board member of the St. Vlncents Alumni Association and Chairman of the Publicity Committee of the Duquesne Law School Alumni Association.

He resides in and six children.

too

Pittsburgh Area. with his wife

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U. S. POSTAGE

PAID Pittsburgh, Pa. Permit No. 390

Duquesne UniverSity School of law &00 Forbes Avenue J»ittsburgh, Pennsylvania 15219

Judge !amilia consi-:lers his role as that of an actiVist in a most critical area of law today.

POSTAQ£ REQUIRED FOIt

He is mar:rled, the father ot two children and resides in the Sheridan section of Pittsburgh.

JURIS

March. 1971

nus MAlLINO MATTER