Juris Magazine- October, 1971

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DUQUESNE UNIVERSITY, PITTSBURGH, PA.

Duquesne Law School

Newsmagazine

OCTOBER. 1971 Vol. 5, ISo. 1

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Selecting Jurors In Allegheny County

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Editorial:

Juris DUQuesne University law School Newsmagazine JURIS is a publtcati01l of tlte Duques1le University School of Law OCTOBER. 1971 EDITION

ATTICA

EDITOR-IN-CHIE F

PATRICIA A. PARRELLA MANAGING EDITOR

T HE

TRAGEDY at Attica State Prison demands that we take a hard look . . . not only at our Ucorrectional" system, but also at ourselves. Is human life still as valuable today as it was before automation and the population explosion? If it is, are A LL humans important, or only those who have not offended society ... or themselves ... in some way?

In the past we have always felt human life must be saved no matter what the cost. State and federal law enforcement agencies always negotiate with kidnappers.

The lives of the individuals on the Pueblo meant more to us than national honor. We spent eighteen months negotiating in North Korea. We spent four days at Attica.

Why do we refuse to negotiate with prisoners? Does it have to do with our ideas about prisons and inmates?

One belief is: Prison is society's trash heap. Those who have caused harm to society must be locked away.

It is the people on the outside who must be considered.

They must be kept safe from those who do not fit into the system. others say society itself has caused the harm . . . that the people on the inside must be helped.

They must be given a chance to find respect for themselves and humanity. The first view stresses security and

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LAWRENCE ROSS WEIDER ASSOCIATE EDITOR

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ALAN C. KLEIN ARTICLE EDITOR

mEODORE TRBOVICH FEATURE EDITOR

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ALUMNI EDITOR

STAFF MEMBERS

Larry Popp, Julia Burkee. Tim Shaffer.

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DONALD MORGAN SANFORD P. GROSS

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NEWS EDITOR

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gradually; squandered. But we DO recycle old bottles, cans, garbage. We do nothing to recycle people. Is human life still a national resource?

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Ed Unity, Robert Friedman. Jeffrey Wright, Bob Jaehma. Steve Levin, Joe Huber, Ira Weiss, John Dohanich, Rick Mellon Claude Falkenhan. Gene Martucci, Rich Tomsho. Warren Ferry and Duane Erwin

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sam. issUE and "Jud issUE wher a cl< theSE

"H Allvl.orl: JOHN J.SCI ULLO and NICHOLAS J. DEMAS

JURIS Is published quarterly during the school year. The views expressed herein are those of the individual writers and do not necessarlly reflect those of the Faculty or Student Body unless otherwise stated.

An correspondence should be addressed to: Editor, JURIS, 600 Forbes Ave., Pittsburgh, Pa.15219.

Telephone (412) 4.14-6305

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JURIS

October, 1971

Pase Throe

Judge louis l. Manderino

PEOPLE, IDEAS, STYLES ha ve changed. Twenty years ago, if you beca me dean of a law school, you stayed there . . . it was a very comfortable, status position. A judgeship used to be a "caretaker-retirement" role. Not today.

Being involved is the important thing . . . These are the ideas of Commonwealth Court Judge Louis L. Manderino, former dean, and now a candidate for the Pennsylvania Supreme Court.

"The fact that I and my running-mate were even nominated shows that the times have changed. Twenty years ago, the Democratic Party wouldn't have thought of putting up two candidates in their early forties. The average age on the court now is sixty- seven. Forty- one is an age full of energy. At sixty-seven. you want to rest."

"The era of the blue chip plaintiff Is gone. Now the man on the street Is going into the courts too. Yet, the Supreme Court is composed of men from the same corporate-type background. The new issues are with consumers, neighborhoods and freedom. . personal freedom.

"Judge Manderino understands these issues because of where he came from. where he ' s been. Professor Alfred Pelaez, a close friend of the former dean, chose these words . . .

"He was my colleague. My dean. You get to know a man when you work with and frequently talk to him. God, he's bright. Few people can more quickly absorb information and use it to reach logical and often entirely new conclusions.

"He was my colleague. My dean. You get to know a man when you work with and frequently talk to him. God, he's bright. Few people can more quickly absorb information and use It to reach logical and often entirely new conclusions.

But a lot of people are bright . •• and that doesn't necessarily make them good candidates for the Supreme Court. Lou's brightness, his quickness, has another dimension much rarer, and much more important, than just intellect. A human dimension. He's not just computer bright • • • able to sift all the facts through his mind and retain those that have legal significance. Lou has the intelli-

gence, and the daring, to throw out those facts the computer might well retain if, though patently relevant. they don't coincide with human experiences. And Lou knows people, the lives they lead, the desires and fears they have, the hopes they harbor for their children.

A highly educated, unpretentious man, totally at ease with, and obviously interested in all people; really concerned about their problems.

A man whose opinions have been sought by business and government leaders • • • but remembers what it's like to show up at registration without a dollar in his pocket. A leader of men at the Constitutional Convention ••• who understands, and respects, the mistrust of people who have suffered the abuses of power • A

JURIS

October, 1971

man who takes other people's problems seriously, and works hard to solve them • •. but hasn't yet lost the ability to laugh at himself. I remember the laugh we all had ••• and Lous laughed hardest .•• at the campaign picture of him standing knee deep in water, clumsily holding a fishing pole ••• to capture the "sportsmen's vote." Lou said he could have pulled it off if a pari-mutuel ticket would have had the same effect!

In trying to come up with a campaign slogan someone suggested "Lou ••• a man for you, not the special few." The pros didn't buy it.

Too bad • • • it fits this very special, very decent, very understanding man like a glove." continued on Page 15

Page Four

Students Hear Suggestions From THE BENCH "P LUS

By IRA WEISS Second Year Day

CA CHANGE, plus c'est la meme chose;; . . . The more it changes, the more It remains the same. Alphonse Karris observation over a century ago sums up the lessons to be learned from the '( Practica 1 Suggestions from the Bench for Young Lawyers/! program sponsored

by Delta Theta Phi law fraternity on September 22 in the Moot Court Room.

Over 120 persons jammed the Courtroom to hear speakers Judge Robert Van der Voort, Judge Harry Kramer, and Judge Joseph Wets.

The program, described by Fraternity President David Murphy as aiming to give students an added measure of professional growth, opened with Judge Van der Voort. the Presiding Judge of the Criminal Division of the Allegheny County Court of Common Pleas. He pointed out that young attorneys don't feel at home in the Courtroom and offered four suggestions to the audience. The first dealt with investigating a client' s story.

He urged complete investigation to prevent 'Ishocking disclosures H in Court which are due to insufficient preparation. His second suggestion was to avoid repetitive

questioning during trial. This hurts the attorney's case "materially," since the jury senses a flaw in the witness' answer.

He next stressed the importance of the brief. A !though most attorneys feel the judges do not read the briefs. this is not true. In close cases, the brief can make the difference. He also stressed punctuality. Judge Van der Voort recalled the time he installed a time clock in his Courtroom and fined attorneys one dollar for each minute they were late.

Needless to say the problem disappeared.

Punctuality is very important, especially at the beginning of a young attorney's career.

Judge Harry Kramer of the Commonwealth Court said, "Every case was like my first ride on the roller coaster at Kennywood and winning a case was like scoring my first touchdown at Peabody High." The Judge stated that his suggestion could really be summed up in one wordA ttitude. He urged the students to put all they have as advocates into their client's cause. He favors a strong attitude in Court because weakness can be sensed by a Judge. A large part of attitude -

JURIS

October, 1971

C O1Itilltled 011

Par; e 13

Seleding Jurors In Allegheny County A Challenge For Cause

T RIA L

by jury is one of the most valuable rights of an A merican cItizen.

That right, no matter how fundamental to our scheme of justice, is only as effective as those persons who comprise the jury. The experIence and knowledge of those persons who will sit in judgement on another, must reflect a cross section of the entire community. Representation of the experiences and knowledge of one segment or class will not suffice.

Success in acquiring a cross section of the community is directly dependent upon the method ofinitial selection. Unless an effective method of initial selection is followed, the required representation wUl not result. The statutory method of selection in Pennsylvania's second class countries. specifically Allegheny County. may be defective both on its face anq in application in achieving the necessary cross section. This failure could defeat the effectiveness of the jury as an institution in the fair administration of criminal justice. Even the possibility of such a result should. and can, be legislatively cured by eliminating the sources of selection now mandated, or by reducing the ambiguity of applying the present statute.

In order that a true cross section be chosen, the statute governing initial selection should be one that bases selection on some compiled source or aggrega te of the community's populace which is least likely to incorporate, or have inherent in it, anyone specifically designated interest group, It should also be a method of selection devoid, as much as possible, of state manipulation, discretion, and control.

Ideally. an initial selection statute should be premised upon a source not susceptible to constant variation . . . one that selects from a source that is broad enough to encompass as many of the community's citizens as possible ... without regard to race, creed, color, or economic status.

Initial selection of prospective jurors in second class counties of Pennsylvania is governed by the Act of May 11, 1925, which states: "The commission shall procure from the county commissioners of the respective county, or such other county officer or officers having the information, the names of ALL PERSONS ASSESSED FOR THE PURPOSE OF TAXATION, arranged alphabetically, and each year thereafter on or before September first a similar list of such taxables as have been added to or removed from the last preceding list shall be obtained; and for the purpose of obtaining such list the

commission or its properly authorized employes MAY inspect ANY assessment list or book or list of taxables in ANY of the offices of the respective counties: and in addition to said names the list shall contain the occupation and residence address of each of such persons assessed for taxation.

The subjects of taxation statutorily enumerated include: Real estate, occupations and all other things and persons not taxable by the laws of the Commonwealth for county, city, and school purposes. The occupation tax on trades, occupations, professions and persons who follow no occupation or calling was subsequently abolished in its application to second class counties. Only the subjects of real estate and all other things and persons nOW taxable by the laws of the Commonwealth for county, city and school purposes remained as the statutorily enumerated subjects of taxation. It is further provided by statute that the assessors in second class counties, where tax on trades, occupations, and professions have been abolished, should prepare a list for taxation purposes, of residents and inhabitants over the age of twentyone and return this list to county authorities with other taxable property.

By ]. ALAN JOHNSON ing initial selection of prospective jurors should more specifically designs te the source in una mbiguous terms from which initial selection should be made. The general direction to procure "the names of all persons assessed for the purpose of taxation" does not specifically designate this source. and as a result, it supplies no clear cut guldel1nes to the jury commission in the performance of its function of initial selection. This lack of a specific statutory direction, at the initial stage of selection. could quite conceivably result in the use of tax lists which might reflect a disproportiona te cross section of the community, e.g .â&#x20AC;˘ the use of a list containing only those persons assessed for taxation on real property. Such an initial selection would ha ve the effect of placing only property owners on the grand and petit juries.

It would appear that the mandate of initial selection statute directing the jury commission to procure from the county commissioners or other county officers having the information the names of all persons assessed for the purpose of taxation, would include lists of those assessed on real estate, lists of those now taxable by the laws of the Commonwealth for county. city and school purposes, and lists of all residents and inhabitants in the county over the age of twenty- one years. This method of initial selection of prospective jurors has inherent weaknesses, which in effect, may frustrate the attainment of the truest possible cross section of the community.

The statutory duty of the jury commission to procure the "names of all persons assessed for the purpose of taxation," is vague and susceptible of several interpretations. What list or lists does the sta tute direct should be procured?

Should the list procured be tha t of those assessed on real property holdings, the list of persons now taxable by the laws of the Commonwealth for county, city and school.purposes, or a list for taxation purpo.ses of residents and inhabitants of the county over the age of twenty- one?

Should all of these lists, in addition to others, be procured? Any statute govern-

JURIS

October, 1911

On the other hand, if, in addition to the list containing those persons for purposes of taxation on real property, the list of persons now taxable the laws of the Commonwealth for county. city and school purposes, and the list for taxation purposes of residents and inha bitants of the county over the of twenty-one were used in the initial selection, the inherent possibility of a disproportiona te number property owners would still not be eliminated; the initial selection statute provides no guidelines for the use of any of the lists of taxables. Without sufficient statutory guidelines to direct the jury commission's use of the tax lists in initial selection. the likelihood of choosing initially. a true representation of the community for jury service becomes a matter probability. when instead. it should ideally reduce the probability involved in selecting a cross section.

The complications involved in the use of tax lists for initial selection of jurors create the possibility of other problems.

The process of compiling complete and up to date tax lists is not a process that lends itself to rapid accomplishment.

Canvassing the areas of the county in an effort to discover those who may constitute "taxables" is a continuing process. Due to the more transitory nature of the country's population and the population movements characteristic of the last few decades, the search for county 'itaxables" is a function that consumes time and, is subject to a variation that is detectable only at times subsequent.

In addition. taxation is an area that is the subject of constant legislative change.

The enactment of new taxes on the city. county, or state level. subjects the tax cOlltillued 011 page 6

Page Sill

Jury Selection -continued from page 5

lists to constant variation. The enactment of new taxes at any level of government could quite conceivably. depending upon whom they encompass. provide another tax list for initial jury selection which could result in a more disproportionate cross section of the community. Since the initial selection statute provides NO guidelines. it is quite possible that the use of tax lists containing the names of persons against whom the new tax is directed could easily be included within the meaning of the language "all persons assessed for the purpose of taxation."

That the particular class taxed may consist primarily of persons of one economic status, may, and possibly has, lead to over representation on the juries of the county of persons of that class.

It does not appear from a reading of the selection sta+:ute that this possibility was ever considered.

The enactment of a statute which uses as its source of selection something as state regulated as taxation and tax lists, appears to give government control over the prospective juror. This type of control could defeat the purpose of trial by jury as expressed by the United States Supreme Court in DUNCAN v. LOUISL<\NA. "The guarantees of jury trial in the federal and state Constitutions reflect a profound judgment about the way in which law should be enforced and justice administered. A right to jury trial is granted to cr1mlnal defendants in order to prevent oppression by the Government. Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority."

Since the jury is of such pa ra mount importance in the scheme of American justice, the initial jury selection system should be one that, as closely as possible, summons a cross section of the community. A lthough no method of selection can guarantee a true cross section of the community, some systems are more likely to premise their initial selection on a source which will not be as laden with possible shortcomings as the system used in the second class counties of Pennsylvania.

A statute that is less ambiguous on its face and more ascertainable in execution would remove the shortcomings inherent in the present statute. It would

. . . The registration commission of each of said counties shall lodge with the sheriff of the county for the use oUhe said board, a duJy certified list of ALL THE REGISTERED ELECTORS, setting out their names, places of residence, and o('cupation, and â&#x20AC;˘ . 0' it shall be the duty of the said board or a quorum thereof to assemble together and to select from the said list a sufficient number of persons, to be fixed by the board, to colt.<:!titute the several panels of jurors, grand and petit, that may be required for sen1ce in the courts for the next ensuing year.

also provide a system of concrete selection if based upon a source not susceptible

of economic bias and constant government control and variation, a method of selection that would guarantee to the criminal defendant a jury of as near a cross section of the community as possible.

Instead of a system of selection being based upon something as a mbiguous as persons assessed for the purpose of taxation," in addition to the indefiniteness of who those persons are under the taxation statutes and the further ahsence of guidelines in choosing them, it is suggested that legislative action be taken to remedy the method of selection in second class counties.

The present statute, enacted fortysix years ago, even though it may comply with minimum constitutional standards on its face, is nonetheless, far from being a method of selection designed to bring forth the truest possible cross section of the community. The legislature should recognize the shortcomings of this statute and strive for a system of selection superior to one that may simply meet minimum constitutional standards. In so doing. it would add to the betterment of Pennsylvania's administration of justice.

What method of initial selection should be chosen for second class counties?

It would appear that initial selection of prospective jurors from a list of registered voters may do much to eliminate the possIble problems Inherent in the present statute. The use of a list of registered voters would eliminate the a mbiguity of ascertaining which persons should be considered "assessed for purposes of taxation," and, more importantly, eliminate the possibility of disproportionate selections resulting from the use of tax lists of specific groups such as real property owners. The use of lists containing the na mes of registered voters would minimize government control over sources of selection. In addition, the indirect effect of constant tax legislation, which under the present statute canresult in a disproportionate selection of jurors from those newly created tax groups, would be reduced by selection from voter registration lists. The use of registered voter lists in the initial jury selection process is the method used in many other states. It has also been the method used in Pennsylvania's first class counties since 1949:

JURIS

It must be empha sized at this point

that the use voter registration lists even though superior to the system presently mandated by statute in Allegheny County. is itself,l1otfreeofposslble shortcomings.

The strength of voters lists as a source that wUI produce the truest cross section of the community is dependent upon initiative of the community's citizens in registering.

Failure of those inhabitants who are qualified to vote but fail to register for whatever reason coulGi conceh"Rbly in the disproportiona te cross section which frustrates the concept and rationale of trial by jury. Unless. and until. county is in the financial position to take a census year. however, the use of voter registration lists as the source of initial selection would appear to be the most favorable method of making initial selection. The time for leglslatiue action has arrived.

The significance of a jury trial in criminal cases has undergone extensive discussion, and is, without question. of major significance in the fair administration of justice. The jury's importance guarantee in the criminal process is dependent upon many factors, one of which is who will ultimately comprise it. This determination is made at the initial selection process and the pro c e s s as statutorily governed in Pennsylvania's second class counties, has not kept pace with the evolution of the concept of the jury itse If. Until our juries represent, as possible, a cross section of the community, their effectiveness can be negligible. their consequences unfortunate. After forty- six years it is time to reexamine our second class county selection statute. It is time to realize the possible weaknesses inherent in it, and put it aside for a system that will be a credit to the fair administration of justice in the criminal courts of our Commonwealth.

J. ALAN JOHNSON

October, 1971

Paae Seven

Judge Bolte

By THEODORE TRBOVICH

The change there Is brought a bout by their legislature. In this country, the question of school integraUon was origina lly decided by the courts, not the legislature. Lawyers always initiate the change of philosophy by the position they take in their arguments in court. It is all because of our constitutional arrangement. The constitution is flexible enough to keep up with the changing times."

H LAWYERS, as a group, have contributed to the welfare of this country more than any other individual group.

As a class, they are the highest caUfbe of men. A man's word should have a great deal of weight. I have always been happy that others have accepted my word without reservation, and that I could and did take the words of others in the same way." These are the words of Judge Frank R. Bolte, native of Pittsburgh, and a distinguished alumnus.

After receiving a Bachelor of Arts degree at the university of Pittsburgh, Judge Bolte attended Duquesne Law School at night while teaching school in South Park Township during the day. In 1938 he graduated at the top of his class.

He then went into private practice, which was interrupted by the outbreak of World War II. "Private Bolte" was sent to the European Theater, where his legal education was brought to the immediate attention of his superiors. A Captain, on trial for insubordination, asked him to prepare his defense.

As a result of Private Bolte's efforts, the captain received a reprimand and the private was transferred to the Judge Advocate General's corps. Later, upon completion of Officers Candidate School, he became the Judge Advocate General of the 75th Infantry Division in Europe.

Reflecting on his military legal career, the judge recalled having had the 'opportunity to try a great number of both civil and criminal cases.

With a certain noticable degree of satisfaction the Judge noted: "Yes, Urnes ha ve changed. There Is a greater demand placed upon the law schools today. There is a greater variety of work being done in the law. This is because of new concepts that have been developing: Social1mprovement, ecology, aid to the underprivileged, and government Eervice. There is more opportunity now than ever before."

Following his return from the army, Judge Bolte engaged in general practice in the Pittsburgh area. On March 3, 1970, he wa~ appointed to the bench by Raymond P. Shafer, then governor of Pennsylvania. In discussing his role on the bench, he commented: "I am enjoying this work as much as anything I have ever done . . . more in fact. It is challenging because under the present court structure, the Common Pleas Judge must be a ble to field the numerous problems which arise in the criminal, civil, and Family Division of the court." He also reflected on the progress of the Ia wand the role lawyers ha ve played in this progress. "Social advancements and improvements in this country, as compared with other countries, have come a bout largely through the direction of la wyers. In the English system the courts do not make these types of decisions.

JURIS

October, 1971

The Judge and his wife Ethel have two daughters, and reside in Bethel Park.

His goal is to "continue serving on the Court. "

Page Eight

T

HE PENNSYLVANIA BarAssociation can perform a unique service by giving the public an objective, expert view of no- fault insurance.

The Pennsylvania Bar Association can do itself a service by demonstra ting that a professional group can do more than serve its own narrow economic interests.

Unfortunately, the Pennsylvania Bar Association (PBA) has not succeeded in accomplishing either of these objectives, On April 2. 1971. the PBA assigned the investigation of no-fault insurance to a special subcommittee made up of three trial lawyers. It might have created a broad based subcommittee made up of all segments of the legal profession, but it did not choose to do so. Instead, it assigned the study to a small committee of three, all of whom have a direct economic interest in opposing no- fa ult.

No-fault represents a test case of whether the legal profession can demonstra te it is entitled to public confidence. If it disqualifies itself by its actions on no-f'lult, it may live to regret its decision. In an age of consumerism, there will be a growing number of proposals directly affecting the leÂŁ;al profession. The profession is not Ukely to be able to respond to these changes if it now loses its credibilitv over nofuuli. " The PBA should not disqualify itself because of its economic interest, but it should lean over backwards to convince the pu bUc it is giving no- fa u It a fa ir hearing. By appointing a committee of three trial lawyers, it may look like the PBA is in the process of rubber- sta mping the anti-no-fault views of the trial bar.

Perhaps even more than the public, the legal profession needs to support no- fault, or it will greatly undermine its credibility with the public. For in my view, objective observers are likely to agree with the conclusions of the $2,000,000 two year study of the Department of Transportation (DOT). the most comprehensive in history. which described our present system as being: " . . . inefficient. overly costly. incomplete and slow. It allocates benefits poorly. discourages reha bilita tion and overburdens the courts and the legal system. Both on the record of its performance and on the logic of its operation, it does little if anything to minimize crash losses."

The DOT study concludes by urging a no- fa ult automobile insura nce law.

Incidentally, the PBA Special Committee which -reported on no-fault did not even

cite the final, sUThmary and recommendation volume of the DOT study, which I have just quoted. It is entitled "Motor Vehicle Crash Losses and Their Compensation in the United States â&#x20AC;˘â&#x20AC;˘.

A Report to Congress and "the President."

(March 1971). This omission, as well as some other disturbing oversights, may be considered by some as a reflection on both the quality and objectivity of the PBA stulily.

In view of the results of the DOT study and the other, objective, comprehensive studies of no.. fault, the PBA would be well advised to explain its position more convincingly than its three man Special Subcommittee.

WHO NEEDS Pennsylvania

The bar, for the reasons given. may need no-fault as much as the public, and our fifty states also have a unique and compelling need for no- fa ult. For both the Congress and the public may view no-fault as a test of the capacity of the states to bring about needed change.

A lready many voices are heard saying that the states and their legislatures are una ble to meet the challenO'es of the 1970's. If the states cannot ""meet their legislative responsibiUties for managing change, we will certainly see the further and dramatic rosion of state power.

By like token, if the legal profession does not meet its responsibilities for bringing about change, we may see the diminution or collapse of the a biUty of the legal profession to influence legis~ lation in which it has an interest.

Will the state abdicate to the Feders 1 government? Will the legal profession abdicate to the consumer advocates?

Perhaps we will have the answers to these two questions in the cominO' struO'gle ::> :::> over no-fault insurance.

I would urge you to reconsider your position on nO- fault. I think if you do, you will find that the objections your Subcommittee raised to no- fault are either not persuasive or are not applicable to the kind of act which we plan on proposing in Pennsylvania.

I would like to comment on the seven basic objections of the PBA Subcommittee's Report.

OBJECTION 1 The PBA Subcommittee claims that the present tort system represents a moral and social judgment that people should be personally responsible for their wrongs, and that the wrongdoer should compensate his victim.

At the present time, roughly 80 percent of all Pennsylvania drivers purchase liability insurance. Only 1 percent of losses are paid by "wrongdoers;' ninetynine percent is paid by insurance companies. The public has made a judgment tha.t it is better to spread the risk of wrongs which they might JURIS

commit, and to have a third party compensate the victim of those wrongs.

Would anyone claim it was immoral for life and health insurance companies to pay policyholders without regard to ?

Would anyone claim it is morally or socially improper to pay Social Security and Medicare benefits without regard to fault? Thus, as a practical matter. it seems that there is no such consensus as claimed by the PBA Subcommittee, or that any such consensus is secondary to a desire to provide security for oneself and one's family, Our bill, which will be presented shortly, increases this security and allocates this risk among all those who create it, and not just among the 80 percent whose personal responsibility has already motivated them to purchase insurance.

OBJECTION 2 The PBA Subcommittee claims that most no- fault plans conceal the true costs of benefits claimed to be provided by throwing such costs onto the Blue Cross, Blue Shield, wage continuation carriers and so on, Our bill does not do so. It endeavors to interna lize these costs by making the no-fault insurance

October, 1971

VO FAULT?' )ENNENBERG e Commissioner

primary to all other voluntary insurance plans. The only kinds of benefits which are not primary to those provided by no-fault Insurance under our bill are the statutorily required benefits like Social Security and Workman's Compensation.

Because our bill internalizes all these costs, it will facilitate the regulation of rates and the rational allocation of the risk of driving a motor vehicle.

OBJECTION 3 The PBA Subcommittee claims most no-fault plans contain a threshold medical expense criterion for determing eligibility for pain and suffering claims. Under the threshold approach an automobile accident victim can recover for pain and suffering only if his medical expenses exceed a specified amount, such as $500.

It is argued that this approach encourages the padding of bills and the over- utiliza tion of medical resources. I agree. Therefore, our bill does not use such a threshold approach. Instead, it relies exclusively on a specification of the type of injury which is considered so serious that intangible losses should be allowed.

OBJECTION 4 The PEA Subcommittee argues that

no valid reason exists to single out motor vehicle accidents from the general tort lia blllty system. Court congestion resulting from litigation over such accidents is a separate problem. and should be handled through separate techniques.

Again, with the latter point I can agree.

Court congestion is a separate problem.

Eut it seems clear to me from an examination of the problem, including the discussions in the DOT report, that motor vehicle accidents ought to be singled out from the general tort system. As that report says: "Most accidents are caused by environmental or personal factors which are external to the individual's conscious control and tPat punishment or its threat, therefore, is ineffective as a deterrent to deviant driving behavior." The individual motorist is not responsible for unsafe cars, for defective and crowded highways, or for myriad other factors which cause or contribute to the cause of motor vehicle accidents.

Even where a error in judgement contributes to an accident, however. I do not find it for society to provide a shared method compensating for the injuries resulting. is some dgreement that auto insurance should not compensate one who intentionally causes injury. or whose injury is a product of his drunken or driving.

Accordingly, persons are excluded from no-fault recovery in our bill. if areas of tort are in need of reform, this does not mean a single area cannot be carved out for action now, with later attempts to reform other areas of the law. \Ve may need changes in the law in medical malpractice. in aviation law, in products liability.

But this does not mean we should hold up needed reform in auto law while a grand, a 11- oncompassing reform can be worked out.

OBJECTION 5 The PBA Subcommittee argues that no one gets something for nothing. and that lower premiums must mean either lower benefits or a shifting of the cost to other types of insurance. That is not how our bill would finance its improved benefits. At the present time, roughly 44% of the automobile insurance premium is returned to the victims of automobile accidents. A substantial portion of the remainder Is consumed in the frictional costs of adjusting losses: in investigations. court costs, witness â&#x20AC;˘ defense attorney fees and plaintiff's attorneys' fees. These costs will be greatly reduced under our bill. and I am heartened to see that: "The bar must not disqualify itselfbecause of economic interest from its duty to be concerned with evaluation and enlightenment of the public as to the important issues" presented by our plan.

The PBA Subcommittee Report also suggests that property da mage insurance

JURIS

remains unaffected or increases in cost under a no-fault plan. Our bill does away with the necessity for most property damage liability coverage. Each person who elects to do so insures only his own car, so that his rates are based almost exclusively on the type of car he has purchased and the nature of his use of tha t car. I believe this to be a fairer and more economical method of insuring against damage to vehicles. It will a Iso tend to encourage the production of stronger and more repairpble automobiles, since there w1l1 be a more direct rela tionship between the type of car purchased and the insurance rates on that car.

OBJECTION 6 The PEA Subcommittee argues that since all no- fa ult plans jury adjustments of pain and claims in some instances, the jury of pain a nd suffering is best in all instances. The force oHhis the

October, 1971

,",U,.j.LCL".L

is characteristic No- fault. of course, anyone's right to trial jury. It takes away tile need for victim to indulge in and aggravating litigation.

OBJECTION 7 The PBA Subcommittee the real benefits inherent insurance can better be achieved available voluntary medical and economic loss coverage. I believe, however, that the fairest way to accomplish this is through a compulsory system which spreads the risks as broadly as possible, and through a no-fault system which. by eliminating the frictional costs, assures the most efficient utilization of the premium dollar.

The Report of the New York Insurance Department rejected such "overlay~ proposals in the following language: "Beyond the serious practical defect of expensiveness the "overlay;; proposals are up against a dilemma which they can never resolve. To the extent they place a low limit on the no- fa ult benefits, as to all current proposals, they would aggravate the misallocation of benefits . . . paying too much on small losses and too little on losses . . . that Is already one the cruelest flaws in the fa ult insurance - continued on Page 15

Pale Ten

Faculty Profile Michael E. Libonati "I'm not saying I have the truth, but I do have a different way of looking at society and the law. That's all."

MICHAEL E. LmONA TI -0-

His voice rose; his eyes lit up; the hand holding a black, chewed cigar waved in the air - "There is no Mafia!" protested Michael E. Libonati, professor of law at Duquesne School of Law. "There's no nationwide crime circuit, no far-reaching syndicate vice network in America," he continued. "Certain ethnics in each city control what most people term 'organized crime,' but the nationalities differ from neighborhood to neighborhood within the city and from city to city and are neighter connected nor cooperative with each other."

N

EXT semester Professor Libonati will teach a two hour elective in organized crime, the same course that he taught at Alabama Law School last year. The emphasis of the elective will be on viewing crime in scientific, detached terms rather than applying moral values.

"We tend to let our emotions run away with us," he said, "and consequently criminal law exhibits terrible craftmanship and analysis, and a failure to relate the punishment imposed with a viable theory of what the correction processes are supposed to accomplish." He gave a hypothetical example of a Mexican who takes two puffs of a marijuana cigarette and subsequently, while under the alleged II influence;' kills 25 people.

Because of public arousal, the legisla ture immediately passes a statute prescribing 25 years' imprisonment for smoking marijuana.

This area of learning to observe social interaction, i.e.. the study of sociology and criminality will be stressed in Professor Libonati's course. Research for the required paper will be done, not in a law library. but in the city of Pittsburgh itself.

Professor Libonati's interest in law as a social science and his educational background combine to produce a keen awareness of the lack of knowledge that white ethnics have about their own past.

WASPs study their Puritan ancestry. blacks now study black history. and Jews study their Jewish tradition. There is a void in the area of ethnic, immigrant history. "People who wrlteabouttheMafia are ignoramuses. They don't know the history of Italians, their culture, their customs." Not enough is known to accuse certain people of a predisposition to criminality. Because of this ignorance, we now have a Myth System that allows

the Federal Government to assert jurisdiction over local offenses. This Myth System cannibalizes local and state systems by vesting the afeds/ police, prosecutors and courts. with jurisdiction over local offenses. The Professor illustra ted his theory by showing how the U.S. Supreme Court found loan sharklng to be regulable under the Commerce Clause of the Constitution. The Court accepted the argument that individualloan sharks are a part of a vast nationwide system of organized loan sh&rking.

However. Professor Libonati asserts, recent studies have shown that loan sharks are individuals who not infrequently remain in business because their customers believe the myths circulated about their "Strong-arm" tactics. The loan sharks themselves are not necessarily violent men, and have no nationwide "back-up" team.

Professor Libonati sees a definite need for reform in certain areas of the law where morality rather than criminality has been considered. "Consensual crimes ha ve no business in criminal law. When you forbid crimes among consenting adults you're breeding locally organized crime to fill the unsatisfied demand." He is optimistic about the repeal of gambling laws, and foresees the end of such laws within the next five years. This prophecy is partially based on recent legislation legalizing lotteries in Pennsylvania and New York, and Professor Libonati sees this as indicative of a new trend toward liberalization of gambling prohibitions.

The complete and final deletion of consesnual crimes from the lawbooks. said the native Chicagoan, is a major step in the realization of the full potential of a pluralistic society. "Immigrants in America were made to feel ashamed of their names. customs, accents . . . and

JURIS

some of their customs were even defined as criminal, e.g., drinking during prohibition." In many European countries gambling is not illegal. but an accepted "sport,'" and bookmaking is a legitimate and accepted occupation. Thus. when foreigners come to the U.S. they found that gambling was 111egal. but continued to practice an old custom. Professor Libonati contends that Americans stHI ha ve an opportunity to learn from or at least tolerate different customs instead of forcing assimilation upon minorities.

However. we have imposed and continue to impose assimilation on immigrants and other minorities in the U.S. The importance of understanding ethnic groups, their histories and cultures, said Professor Libonati, is brought out in our understanding of law and the legal process, Little research has been done In the areas of immigrant history or history of the ethnic workers, and no schools include such courses in their curricula.

It is no wonder that we do not know much about what happens when there is a dispute in a Polish or Italian or Irish neighborhood. Often. before a policeman is c~.l1ed or a lawyer is consulted there Is informal dispute- settling between the parties by someone in the neighborhood.

The Professor sees this as extremely important, because this is an economical yet efficient way to permit negotia tions between two parties, and could help to alleviate the pressure on the court systems today. However, very few academics are now interested in this area; the emphasis today is on the blacks, chicanos and Indians. 'But I'm doing some research on my own," Professor Michael Libonati remarked, as he gazed out his ninth floor office window at the city below him, "and I'd really like some day to teach a course on Law and Ethnicity."

October. 1971

Pase Eleven

By LAWRENCE ROSS WIEDER

EVERYTHING needs recognition trees . . . crabgrass ... puppies ... everything. (trees?) (crabgrass?) maybe a stray dog. sure, but not trees. not crabgrass ... trees need air, dirt and water.

That's ALL. LOOK at a tree ... it's content calm, aloof ... we come and go, but trees, they stand idle and watch the world pass by. trees don't care if we notice them. who are \VE? who are THEY? they are they and we are we . . . let me ask . . . ever greet a tree ... ? you know. hlya tree! howareya ...

NO? ever s mile a t a tree . . . ? a big toothy grin? guess not.

WHY? It's obvious . . . trees don't smile back .. trees don't nod in recognition (or do they?) ever catch them off guard? when they didn't see you looking? they smile back . . . they do ... (honest) know what else smiles back?

PROFESSORS! (professors?) no kidding ... they do! of course they didn't know I saw . . . but I did .. .

The DAV .. .

Big A L .. .

The MURPH ...

Bobby B .•• All of theml they SMILED .•. big SMILES •.. you thought. like a tree . . . professors don't smile ... of course it's no wonder. ever say hello to . . . a tree? ever smile at ... a PROFESSOR they DO smile ... they DO say hello when you can't see ... when you aren't looking ... they smile .. . no kidding .. . (they DOl)

JURIS

October, 1971

Page Twelve

'Problems

Of Penology Today'

By JOHN DOHANICH Third Year Day

ON

SEPTEMBER 30, 1971, the Student Bar Association presented the first in a series of Speakers Bureau Presentations. The featured speaker was Mr. Joseph Brierly. Warden at Western S tat e Penitentiary in Pittsburgh. His topic was ;lThe Problems In Penology Today." After a brief account of the history of and justification for our correctiona I institutions, Warden Brierly answered questions from the student body. He discussed problems in the corrections a rea today, and the changes that have been made and that need to be made.

One of the major problems cited by the warden in the area of corrections is the lack of sufficient fundf':. For this problem Warden Brierly blamed society. because of its lack of knowledge and interest In the plight of the prisoners in our institutions. dWe need society to understand what we are doing and what our goals are. Our goal and aim is to provide society with law-abidIng, productive and taxpaying citizens. Society has failed to understand what we are trying to do:! He stressed that legislation is needed in the area of prison reform, but this legislation will not come until society becomes aware of the goals of corrections, and in turn, places pressure on our legislators to take action. Brierly pointed out the funds are needed to furnish new correctional facilities, to provide various types of treatment programs and to provide legal counsel for the prisoners.

On the other side are those who believe prisoners are receiving little or no treatment or rehabilitation. Not only are these differing views being expressed within our SOCiety, but as the warden pointed out, they are present as well within the prison itself. When rehabilita tion progra ms are initia ted, the inma tes. for the most part, are in favor of them, while the prison guards tend to voice opinions against them. This conflict of views, in addition to the fact that there is a lack of sufficient funds. reflect the difficulties in t I' a nsf 0 I' min g the correctional ins tit uti 0 n from its traditional custodial function to that of a treatment center for the rehabilitation of criminal offenders.

Warden Brierly admitted that homosexuality is a problem in the correctional institutions. He cited the activities of the jailhouse lawyers as one reason for this problem. Although the jailhouse la wyers ha ve been known to write excellent lega I briefs on their own behalf or On the behalf of others. the warden designated them "parasites," because they charge compensation for their services and enforce payment against those who have nothing to pay, which results in payment in the form of homosexual activity.

The warden was questioned having stopped publica tion of the pI' i son newspaper. VIBRA TIONS. He it.

The paper stopped printing after a "wholesale shakedown" of the prIson, was requested by the inmates some of whom were in fear of their . Shivs, confidentia 1 records of certa in prisoners and other contraband were found in the pUblication office of the newspaper.

Following this shakedown the entire Editorial Staff of VIBR" TIONS resigned and some members of the staff were transferred to other prisons. When the Editoria I positions were to any other prisoners who would interested there was no I' e s po n s e whatsoever, ending the pubUca VIBRA TIONS. Some of the changes which Brierly has instituted since 'Western State Pen1tentlarv increase in visitation hours with ments in the visitors' lounge, of barriers and microphones and permission of physical contact; ability of "weekend furloughs" for prisoners qualifying~ and the 路h for prisoners to obtain associate rt"",,,,,,,'ac from Allegheny C 0 u n t y COllege. "Major changes;' stated Brierly. brought ahout as a result of violence and loss of I1fe," We experienced that violence, and now. hopefully, those major ch.qnges respect to prison reform that are so desperately needed will take place.

F\T\l""..\ ...

A Comptplp Lirr,.. of L"lfnt Blmlh'S A Compl"t" Line of 8l1pplif'S for tl,e Ltlu'

Another of the problems Warden Brierly spoke of was Changing the correctional institution from a secU'rity oriented prison to a center for treatment programs. He called Western State Penitentiary a "monstrosity," because the institution is inadequate in providing rehabilitation for its inmates. "You cannot rehabilitate one whom you place in a cage," commented the warden. With respect to the problem of providing treatment programs, the warden appeared to be the middleman with two divergent positions converging on him. On one side are those who are complaining that we are being too permissive in our attitudes toward prisoners.

S'ud"",

P. O. NALY COMPANY ROSS M. BLAIR, Oum.er

PRINTING路 ENGRAVING' STATIONERY

Pittsburgh. Pa. 15219

Law & Finance Building

Phonel!l: 261-0366

425 Fourth Avenue

JURIS

October. 1971

261路5841

... aae Tbuteen

Suggestions From THE BENCH

is honesty. Judge Kramer stressed the importance of being honest and "on the level" with the Judge. "The Court may be sympathetic and help you if you leveL!; He continued: "Once you mislead the Court, you are in trouble because you practice law not just for one day but for a lifetime. Paths cross many Umes in a lifetime." He also pointed out the importance of courtesy to both bench and bar. As his final point, he stressed the importance of brevity and conciseness in briefs. With the Commonwealth Court hearing over 600 cases and reading 1200 briefs, this becomes cruciaL Judge Joseph We is of the Federal District Court for the Western District of Pennsylvania gave a brief overview of Federal jurisdiction and added this caution: "Students who feel that wrongs can be righted in Court do a disservice to the cause and the courts. Courts are not equipped to handle these broad social issues. The Legislature has broad social duties. The Courts must deal with each case on an individual basis. The judgment must be enforceable and cure the wrong.

It cannot exist in a vacuum.¡ He further stated that decrees against "anyone" are unenforceable and a mockery. Judge Wels stressed the need for civility in Court.

He told the audience that he was in England and had an opportunity to view an English trial. "The politeness of the Barrister toward the Judge and fellow barristers was a real delight." As a closing remark. he observed, "You will never have a case which is worth winning a t the price of professiona I integrity.

Keep it in mind." j

YOU tell HIM how the case is to be run!" He also pointed out the lawyers integrity and duty as an officer of the Court.

Another question concerned Judge Van der Voorts comment that most young attorneys don't feel comfortable In Court.

Would a greater emphasis on clinical education rather than traditional legal education help the problem? He stated such a program would help in that it would make the student and the young lawyer feel more at home in Court.

He also responded to a related question concerning the 12- 3/4 Rule and its infrequent use up to this time. He favors the rule and favors an attorney "backchairing" the student during the trial and favors students representing clients at preliminary hearings.

A questioner asked Judge Weis if he fa vored the abolition of the jury system in civil trials as many other countries ha ve done. He sa id tha t he fa vored the jury system in that it gives people a chance to see the system at work. "The jury is equally if not more competent than the Judge to decide the close questions involved in diametrically opposed stories that often are told at trials." He was

also asked if he favored Chief Justice Burger's comment that attorneys are not supposed to make the law but to uphold the law. He responded to this by saying that the lawyer can change the law but there are limits. Speedy change comes only from the Legislature and for this reason, he urged members of the audience to participate in the system and to get involved in politics.

At the close of the program, Judge Kramer was made an honorary member of Delta Theta Phi. It is 'true that the law is always changing and is In a constant state of evolution.

Yet the remarks of the three judges indicate that in the midst of this change. the cardinal virtues stHl form the bedrock of the profession. Honesty, civility, punctuality, and integrity . â&#x20AC;˘ . " Plus ca change" indeed.

A question and answer session followed the remarks and covered a wide spectrum of topics. One questioner asked about the expectations and demands of a client as to dress and conduct and the Court's adverse reaction to it. How. in other words, is the attorney to choose? Judge Kramer stated that an attorney who dresses and acts according to his client's wishes does so at the risk of losing his case. "Judges are human and they react subconsciously." Judge Weiss added: "You are going to be a professional.

JURIS

October, 1971

Note: The 12-3/4 Rule is a rule of the Pennsylvania Supreme Court Which permits a Law Student with at least four completed semesters to represent clients at proceedings where counsel is not required.

Such a student may also represent clients at proceedings where counse1is required but the presence of an attorney is necessary.

Page Fourteen

WANTED: 51-year-old city law school wants university with which to become affiliated, We are self-supporting and need only your affiliation for accreditation purposes. We bring excellent faculty and a diversified student body. Our only requirement: allow us to develop and grow. Do not destroy us for your own purposes.

DELTA THETA PHI

Student Bar Newsletter

By JOHN Gil TINAN

by JIM DUNN s.b.a. president Third Year Day LAST YEAR was the year of the THIRD A LTERNA TIVE Students striving to swe Duquesne. No one asked what preCipitated the financial crisis. Whether it was merely the rising cost of education or poor administrative planning is open to conjecture.

Our problem is THIS yea rand la w students are striving to sa ve a la w school.

We are fighting to save ourselves from programmed mediocrity forced upon us by the university administra tion. They cannot comprehend what legal education is a bout nor the consequences of killing the goose that lays the golden egg.

ITEM: The Law School's gross income from tuition is $1.2000,000. It is budgeted $600.000 by the University.

Last year the Law School was the only school within Duquesne University that made more money than it spent.

In spite of t his the Ad ministra tion considered a ra lse in tuition . . . a raise in tuition for students who were already overpaying. For various reasons the increase did not go through, but neither did any improvements. a) The law school has no placement director. b) In some classes 141 students are squeezed into a room meant for half that number. c) A number of reports have been made of mice roaming the halls and library. d) In some rooms students are forced to sit on the floor during lectures because of the lack of seats. e) The Library funds have been cut to the point where it is doubtful that bills can be paid beyond March. f) Student office space is becoming nonexistent. g) The concrete block walls are rapidly developing an indistinguishable color. h) A number of faculty offices resemble monastic cubicles.

The question of fiscal irresponsibility holds a prominent position in the mind of the Duquesne Law Student. as he sits in flqualor and watches 50% of his tuition outside the school. The voice from Hill says "This is necessary to keep University going." The voice from "You took me this time,

..

Delta Theta Phi launcbed the 1971-72 academic year with its formal initiation and instal1ation ceremony on October 2 and its first in a series of professional speaker's programs, Following a dinner at the Top of¡ the Triangle Restaurant in the new U. S, Steel Building, members of Delta Theta Phi and their guests met in tbe Duquesne Room of the Student Union for the formal ceremonies.

D AVE MURPHY, Il:;an of the Musmanno Senate, opened the program by describing the activities and goals of the Senate. The members and guests then heard remarks by Ronald R. Davenport, Dean of the Law School; Aaron Twerski.

Professor of Law and advisor to the Musmanno Senate, Earl R. Stanley, Chancellor of the Supreme Senate of Delta Theta Phi; Honorable William F. Cercone, Judge of the Superior Court of Pennsylvania and a nephew of the late Justice MIchael A. Musmanno; and

by Joe Breman, Tribune of the Musmanno Senate.

After the opening remarks, the national representatives, Mr. Stanley; Edward F. Meyers, past Chancellor; William L. Richard, Master Alumnus; Ernest J. White, Editor-in-Chief of the Paperbaok; Dean Clatterbuck, Executive Director; and William J. Conlyn District Chancellor, conducted the initiation of student members and the installation of both the student senate and the Pittsburgh alumni senate.

Representing the Pittsburgh A lumni of Delta Theta Phi were the Honorable Joseph F. Weis, Judge Federal District Court, Ray Benzenger, Tribune, and Jim Bennett, Dean.

Judge Cercone accepted on behalf of the Musmanno family the dedication of the Senate to the memory of the late Justice Michael A. Musmanno. Dean Murphy also presented Judge Cercone with a certificate of membership, making him the first honorary member of the Musmanno Senate of Delta Theta Phi, Chancellor Stanley presented the charter to the Musmanno Senate and congratulated the Senate on achieving the highest number of charter- members â&#x20AC;˘ JURIS

Chancellor Stanley gave the Outstanding Student .~ward for Region II to Jim Bennett, a 1971 graduate of Duquesne. Mr. Stanley noted that in January, 1971, there were only three members of Delta Theta Phi a t Duquesne and through the effort of the three, Jim Bennett, Jerry Krause and Ron Kuishner. the Senate grew to its record- breaking size. The Musmanno Senate received the Outstanding Student Sena te A ward for Region II. A reception in the faculty dining room followed the ceremonies.

*

*

*

*

On September 22. Delta Theta PhI. through its "-\d Hoc Committee for Professional Development presented its first speaker's program. The Honorable Joseph F. Weis, Jr., of Federal District Court; the Honorable Harry Cramer of Commonwealth Court and the Honorable Robert Van der Voort, Presiding Judge of the Allegheny County Common Pleas Court, Criminal Division, addressed a standing- room only crowd in the Moot Court Room on "Practical Suggestions from the Bench for Young Lawyers,"

Steve Evers, Co-chairman of the Ad Hoc Committee has announced additional programs for the 1971-72 academic year. The Ad Hoc CommUtee plans to draw on the skills, knowledge, and talent available in the Allegheny County Bar A ssociation. the State and Federal Courts, and the local law enforcement agencies.

The next progra m in this series concerns environmental controL On Friday, October 22, at 8:00 p.m. in the Moot Court Room, Mr. Richard S. Ehman, Special Assistant Attorney General of Pennsylvania and Prosecutor for the Environmental Strike Force will speal<; on "Polluters and How to Prosecute Them." A reception in the Student lounge will follow.

Some of the progra ms being planned include: A panel of judges to discuss their views on areas of the profession; a panel of lawyers to discuss areas of specialty; a "siLqdow program!' where law students spend a day in a lawyer's office; a "Ride in a Police Car Program" where law students get a look at the lawman's lot; and programs on court systems in A llegheny County. A s usual Delta Theta Phi will open these progra ms to all members of the law school and encourage the entire student body's participation.

October, 1971

Pale Fifteen

-collltinued from pa.ge 3

Judge Louis L. Manderino

Who Needs 'No Fault?'

- continued from Page 13

system. To the extent the "overlay" proposals provide generous benefits on a first-party, no-fault basis. they destroy anything that might be left of a reason for continuing to have the fault insurance system at all, for the most basic principles of fault law (shifting losses to negligent defendants and denying compensation to negligent plaintiffs) would have been completely done away with by the combination of liability insurance and first-party benefits. " Elsewhere in its report the PBA Subcommittee suggests that the salutory development of product liability law would be reversed by no-fault legislation. I share the view tha t product lia bUity la w does have a constructive effect, and accordingly our bill preserves that effect by excepting from its umbrella claims arising out of the manufacture, sale or repair of motor vehicles. I also believe that highway construction and maintenance can be improved by preserving liability for negligent roadwork. This basis of liability is also excepted fro'll the preclusive provisions of our bill.

CONCLUSION The PBA Subcommittee Report may indicate some no-fault plans should not be adopted, But it is not persuasive on the no-fault bill we are to propose.

We hope the PBA will take a look at our no-fault bill before it rejects it.

The Judge feels that unless there are changes made, there is going to be a crisis in the judical, not the legislative branch of the government. It must change to accomodate the common man, to make it easier for him to litigate. The Supreme court should take the lead in revising time-worn administrative rules. "The printed brief is something that became a requirement in the days of the rich litigant. We all have access to xeroxing machines . . . court costs could be cut.

These things are symptomatic ofa system as it was 200 years ago."

Most judicial issues aren't the kind of things for which you go out and wave a flag. It's hard to run a campaign for judgeship. If you talk only about the man. you run the danger of not knowing what he thinks, you only know what. or who, he is. Judge Manderino disagrees with this. .. Point of view is very important. A man's, and everybody's point of view comes from who they are, where they've been, and what they do.

When judges disagree, it doesn't mean that one is honest and the other is not.

It simply has to do with his point of view. " The Judge's point of view, his former students say, is enhanced by his age. his energy. his humanity. and his desire for change. He strongly disagrees with Chief Justice Warren Burger's statement . . . <Not to look to the law for social reform." "In a dictatorship. you cantt look to the law. . . here there Is going to be change by the gavel . . â&#x20AC;˘ or the gun."

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kitchen open 7 a.m. to midniehl

10 33 Forbes Avenue. Pittsburgh. Pa. 15219

JURIS

Octobor, 1971

Dean's Forum Welcome To The Class Of 1974

As YOU suffer through the rigors of law school study and the crowded conditions of our classrooms, you can take some small solace in the fact that you are here and that you are the best class in terms of credentials that Duquesne has ever had. Getting into law school is becoming increa singly difficult. This year. we are receiving 50 inquiries a day from people all over the country.

Apparently, everybody wants to be a lawyer.

But. of course, you, the class of and the classes of 73 and 72 are concerned about conditions and programs now. In terms of programs, Professor Sekula committee on Clinical Legal Education has already recommended a new Legal Research Progra m which we hope to implement next fall and is currently designing a Clinical Education Program.

In our curriculum, we look forward to the development of new courses which reflect the concerns of the 70' s. In addition, we have received numerous inquiries for inter-disciplinary work both from this campus and from sister universities. can look forward to growing into interdisciplinary work that will both challenge the student academically and will broaden his capabilities to deal with the problems of our society whether they be social, political. financial, or economic.

Finally. second and third year students want a more effective placement service.

Let me say. unequivocally. that the law school is absolutely committed to help everyone find a job. Hopefully t we will be able to develop a placement program that will begin to meet the needs of law students.

Best of luck In the coming academic year.

Page Sixteen

Alumni Record

by Sanford P. Gross

ALAN FRANK L' 58 - Mr. Frank is a graduate of Carnegie Mellon University, while at CMU he played Varsity Basketball and holds a single game scoring record of 42 In 1957 he graduated a B.S.M.E. degree and married.

Alan graduated from the vening Division in 1962 and immediately upon admission to the Bar entered private practice. The fields of Criminal and Constitutional Law are of special interest to him and are viewed as favorite areas.

He is a member of the Bar association and is still a licensed and registered engineer.

Alan presently resides in Mt. Lebanon with his wife Barbara and three children. The Franks enjoy all family sports particularily skiing.

Coupled with the legal Mr. Frank cultivates Some commercial interests. He recently acquired an enterprise known as EQUINETRICS, Inc. This property represents a 71 acre farm in New Jersey devoted to the training and care of throughbred horses.

Quite recently, another Duquesne graduate has become affiliated with Mr. Frank. Congratulations to Ray Radakovich (L '71) on his affiliation and to Alan on his selection.

PAUL A. VILLAGE L '58 - Mr. Village, a native of Duquesne, Pennsylvania, obtained his undergraduate degree here in 1949, received his M.S. the following year and graduated from the Evening Division of the Law School in 1958.

After receiving his Masters Degree he took a job teachinl!: school and published -several papers on medical etymOlogy. When he decided to attend Law School he continued teaching until he completed his legal studies.

In 1956 he and Dolores were married and now have a family of five, residing in Duquesne, Pennsylvania, where Paul is a member of the School Board.

Additionally, he served as Solicitor to the MunhallHomestead Housing Association from 1964 until 1969 and as Solicitor to the City of Duquesne from 1965 until 1969.

In 1969 he joined the staff of the Public Defender of Allegheny County, but still maintains offices in Duquesne, Pa., and an association with Sanford Middleman in the Frick Bldg. .. Paul is a member of the Bar Association, plays golf, now and then," enjoys bowling with the family, and belongs to "The Cross and Cockade Society."

The club Is devoted to the presentation and preservation of the aerO-history of World War I. His favorite area of the law is Criminal practice.

Paul said that his goal is "to continue serving all people, as I have in the past, regardless of their race, creed or color, to be sure that they receive adequate representation as guaranteed by the Constitution. "

WILLIAM J. TARTER L '60 - Bill, a metallurgical engineer was educated at Syracuse University, graduated in 1950 before attending law school in the evening division. Of Duquesne Bill said, "We had no Law Review or other activities in those days. I guess you might say I was chairman of the Beer Party."

Since leaving Duquesne Mr. Tarter has become an active member of the Bar Association, Trial Law y e r ' s Association, American Society for Metallurgists, Penn Hills Lions Club, and The Duquesne University School of Law Alumni. With all these activities his wife Margaret still finds time to enjoy boating and golf.

Bill was employed as a contact metallurgist by Smith, Klein, French Industries of Philadelphia while attending school. Following graduation he became associated with E.P. Girman and remained there for five years. Two years ago he took a position in the law department of the Urban Redevelopment Authority and more recently became affiliated with Damian and Damian located in the Grant Bldg.

Although the area of criminal law is his favorite, his practice is more appropriately characterized as .. general." SomeWhat idealistically, he stated, "I'd like to be able to do criminal work on a full time basis and see I!:eneral reform come to the legal and court system. If only the Bar Association and the Court Administration could work more closelv . to iron out some of the problems."

Having received his degree in Law some ten years following his commencement from undergraduate school, Mr. Tarter recommends "no delay between educational processes." He feels that this long sought after goal "altered my life completely."

Juris

LARRY P. GAITENS L '65 - Originally from the Pittsburgh area, this graduate of the Evening Division, received his undergraduate degree from Duquesne Universitv in 1960. â&#x20AC;˘ In 1962 Larry married and took up residence the Pittsburgh suburb Crafton. In 1969 Larry was elected Mayor of the Borough. His family includes His Honor the Mayor, Mrs. Gaitens, and Richard, four years of age.

While attending School, Larry was employed as the Assistant Director of Personnel at the UniverSity of Pittsburgh, despite full time employment, he was a finaUst in both the Trial and Appellate Moot Court programs.

Larry's fir~t i.Ob was with the firm of Spfnl?m, McLean & WItt In 1965. In that same vear he was apPOinted to the staff of the Public Defender where he remained until 1969.

In 1969 Larry was appointed to the of Solicitor for North Fayette Township and Solieitor to the Prothonotary of Allegheny ,Just one year earlier he Joined two others and the firm of Luccino, Gaitens &7 Hough, with o(fjt:'es in the Lawyer's Building.

Mr. Gaitens stated that his favorite area of the law is "trial work." This is easily understood in view of his Moot Court success while in School.

Larry is very active with the Bar Association.

He is a Trustee of the Crimina! Law Section of the Allegheny County Bar, serves on the Public Relations Committee of that organization and is the Chairman of the Criminal Law "Bridge the Gap" Seminar on a continuing legal education.

His favorite pasttime is carpentry and while his wife Eleanor directs plays at Canevin High School Larry designs and constructs the sets. , Larry said "I take an active Interest in Richard.

Right now, even though he is only four he Is interested in hearing about the great Ame:ican heros and really enjoys traveling with my wife and I." Mr. Gaitens concluded, .. Trial law Is fun. So as a practitioner, if you want to haVE' a good time consider a small private practice and do som: trial work."

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JURIS

October, 1971