Juris Magazine- May, 1972

DUQUESNE UNIVERSITY, PITTSBURGH, PA.,

MAY, 1972-Vol. 5, No.4

Bail Bond Reform - P (l!!(J 10.

Page Two

Editorial: AT

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THE beginning of the school year we decided that the Bulletin Board and the SBA Newsletter could better deal with current events within the law school.

Since JURIS prints only four a year, we attempted to devote most of our space to legal- sociological problems that face the outside community. We feel that a vital part of a lawyer's education, besides learning the law, is to develop an awareness and sensitivity to people and their problems.

At this time we would like to thank the Editorial Board, staff, students, faculty and practitioners for their contributions.

It is through their efforts that we were able to find and print the type of articles that we felt deserved attention. As we turn the paper over to Ira and his staff, we feel certain that his major concern will be the content of JVRIS and its improve-

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puhitcatwn of the

Duquesne Unit'er8itll School of Leu' MARCH, 197

EDITION

EDITOR-IN-OUr: F

PATRICIA .1\, PARRELLA MANAGING EDITOR

LAWRENCE ROSS WEIDER

DEAN'S FORUM

ASSOCIATE f.DITOR

JOB!'! J McGARRY

RECENTLY, a decision was made by the Finance Committee of the Board of Trustees to increase the tuition of the Law School, the undergraduate school, and various graduate departments.

This decision was undoubtedly necessitated by the financial realities of Duquesne University. Candor requires me to say that I regret this decision. I regret it for all the reasons Father McAnulty made plain. How long can we as a university continue to service the general population of this community if the cost of our education limits us to the economically elite? How long Can we expect to maintain quality programs without feeding the academic side of this university?

On balance, I am optimistic for the Law School. We have received approval to bring in two additional faculty members who will help to lessen, somewhat, our student- faculty ratio and to broaden our elective program. In addition, because of the great overcrowding of our current facilities, the faculty has decided to limit enrollment this year to approximately 100 day stud en ts and 100 evening stustudents. Competition, therefore, for admission to the Law School is greater than ever.

There remains the problem of the size of our budget, the adequacy of our library, and the adequacy of our facilities.

With the probable adoption of a formula for a distribution of resources not only for the Law School, but for other departments of the university the financial problems will be, if not alleviated, certainly substantially improved.

The I?;reat demand for legal education

is causing many universities to examine seriously the establishment of a law school. In particular, many private and public institutions of this commonwealth are desirous of starting law schools.

Clearly this would have an effect on Duquesne both in terms of quality of its students and its competitiveness within the legal market place. The American Bar Association has commissioned the study on the question of the record enrollment in law schools. ~o Pennsylvania educator is as yet convinced of the permanence of the current demand for education. Consequently not only is legal education in the state of flux academically in terms of ne\\' pro路 J but also in terms of determining tern.l character of the demand education.

NEWS EDITOR

ALAN Co KLEIN ARTICLE EDITOR

TIfEODORE TRBOVICH FEATURE EDTTOR

DONALD ""ORGAN ALUMNI EDITOR

SANFORD P. GROSS ADVERTISING MANAGER

DA VID A, BRAKONIECKI LAYO'.'

R

JhFFREY L. \\RH'IIT

J

Duquesne Law School has both an opportunity and a challenge. An opportunity to make available extraordinarily competent individuals for the practice of law. A challenge to develop a student body which reflects the socio- economic and ethnic makeup of this country.

Duquesne Law School with its proximity to local governmental institutions, its active and aggressive alumni, and its many friends and supporters can have an impact not only locally but within this commonwealth and within this country.

The combination of university support, persuasiveness, imagination, and dedication of the faculty; the understanding and commitment of the student body together can make Duquesne a very good place to be.

DEAN RONALD R. DAVENPORT

JURIS - May, 1972

STAFF "lEMBER

.Tnhn P. Dohanich,

DIHlIlC

L. Frvin,

Claude V. Falkcnhan. Jr., Robl'rt \1. Friedman, Joseph V. lIuber, Robert n . .I aehnig, Stephen Levin,

\1. Richard \\ellon, Janet \Ioschclta, La'\TenCe E. Pnpp, Co Tirnothy 9mlfer.

RichtlfJ R. Tomsho, and Ira \h'iss.

Ath hors

JOHN J.SCI ULLO and .... ,

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

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

Telephone (41 ) 4.14-6305

Printed by NEWS COWP P.O.

BOl[

471, Monroev!l1e, Pa. 1514~

Page Three

Farewell To Professor Twerski and we will not be taking 125 students in the day or 125 students in the evening. My understanding that we are cutting down to approximately 100. But the physical plant only one part of the picture.

By M. RICHARD MELLON WHAT KIND of a world do you want to live in?" â&#x20AC;˘ Tough Tort!" â&#x20AC;˘ Do you want to legislate against children?" These are but a few of the expressions coined by Professor Aaron D. Twerski. His unique method of presenting a topic for dis('ussion will long remain in the memories of those fortunate enough to have had him as an instructor.

TWERSKI: \Ve have a clear need for substantial increase in faculty. There is a very large disparity in the studentfaculty ratio. We are now reaching a point \vhere we're going to have the additional faculty simply because we're going to need them to offer the kinds of courses. especia e 1 e c t i ve courses. that students should have in a full. well-rounded law school curriculum. The answer not only in updating the facilities, but in increasing faculty and doing the things that would contribute to the betterment of the school.

Delta Theta Phi presented Professor Twerski with a plaque on February 26, 1972. What the pictures do not and cannot show was the love that went with this plaque, or the deep emotions that were expressed by Professor Twerski. The plaque reads as follows: This plaque is presented to you, our mentor, our friend, by the Musmanno Senate of De lta Theta Phi on behalf of the student body of Duquesne University Law School.

Your presence has brought us joy, guidance, enlightenment, knowledge, and hopefully wisdom.

Your leaving brings us sadness: We recognize that your sojourn has brought us the opportunity to share.

Your leaving brings us the realization that you have touched our lives and futures in such a unique manner that we sMli be grateful in the years to come for havinc; shared this experience.

Thank vou for having passer; our way; ttl:lllk you for having given o( yourself so unselfisidy.

Professor Twerski was interviewed concerning his move to Hofstra and his observations about Duquesne after five years here.

MELLON~

Sir. I've composed some questions that I think the students would ask you if they had the opportunity.

I suppose the first question they would ask is "Why are you leaving?,j TWERSKI: Well, I suppose that the best way to answer that with regard to the interest the students might have is to state why it is I am not leaving.

My stay here at the Duquesne Law School has been a very pleasant one.

That's probably a mild understatement. I've enjoyed the comradarie with the faculty and my relationship with the administration and most of all my relationship with the students so that is not the reason for my leaving. There's no sense of dissatisfaction at all with the law schooL My reasons for leaving are mostly personaL I have some personal reasons for wanting to re-locate in the New York area, some of them having to do with religious affiliations and the nature of the community in which I will be living in New York.

MELLON: As a popular professor who has been here some time. your opinion on matters of the school will be

respected. What do you think about the facilities of the law school?

TWERSKI: The physical facilities of the law school are obviously inadequHte. It takes no experienced observer to make that observation. The classromns are clearly not adequate for the size of the classes even if we were to cut down substantially on the size of the classes. In other words, even if the classes were cut down or 30%. the classrooms would still be inadequate.

TWERSKI: There is an obvious need for additional study space and an obvious need for additional space for students to stretch their legs. For most of the students in the day school and even a good number of the students in the night division, the Duquesne Law School is home for three years. The inadequate study facilities. interfere with the intensity of study and with the ability of students to study together in study groups. Because they do not have adequate facilities they must then attempt to find places outside of the university complex and that has great disadvantages. There is no question that there is a very great need to do a great deal more with the physical facilities.

MELLON: Now you mentioned that the class es even if they were cut down by 25% would still possibily be overcrowded. Would you recommend that they do riot admit as many people or that they find larger physical plant to increase the classroom size or perhaps to have a split shift?

TWERSKI: As you may know the entering class for next year has been cut down

JURIS

May. 1972

MELLON: In your own opinion, do you think that the grading system. with respect to the standards here ar(~ from any other 13\';,

T\VERSKI: It's difficult to talk about lng in a vacuum. Grading is a of the entire law school environment.

For example, in a school like when you're dealing with students who have an entering record of 700 LSAT or the liek and close to an A average, you would expect to have a very small attrition rate and that is a fact. \Vhere students are coming from. what their motivation is, affects very much what the grading pattern is.

For example, in the evening division in any given year you may have a certain percentage of students who simply cannot take the pressure of the evening program. That's very understandable. Now that shows in the final exams. It could have showed as a dropout rate had the student voluntarily made the decision not to continue on. If the student sits for the exams fully well knowing that he is ill-prepared it w111 show as part of your attrition rate. So that it's very difficult to know what you're grading unless you know the makeup of your student borty. But to the degree that comparison can be made, I don't think that the cut- off point in terms of wheter a student makes it or doesnjt make it is far different from any other law school. I believe it's probably pretty close. \Vhat we call a C at Duquesne is pretty close to what other law professors across - continued on Page 4

Pale Four

Farewell To Professor Twerski continuea /Tom page 3

the country would call a C. MELLON: How do you in your own mind decide how to grade a freshman class as opposed to an upper class? Is there a difference in the standards here with respect to the year of study?

TWERSKI: There is a difference in the standards and there Is a difference in expections. I made the point with students and I guess I had better live with what I have said and that is I believe I am psychologically motivated differently when I grade freshman papers than I am when I grade senior papers. Especially with the freshman paper. is the question do you give the student the benefit of the doubt? How close do you call the "C." It is a difficult question because you realize in the freshman year that the grade below "C," especially in a high credit course. could conceivably flunk the student out of law school. At the same time you're very well cognizant of your responsibility for making that determination.

It's a cruel hoax to a student to pass him on with avery. very marginal C and have him flunk the second year or have him be an inadequate attorney simply because he doesn't have the analytical skills to make it.

So that responsibility weights very heavily on every law professor who teaches a freshman course. I know it weighs very heavily on my colleagues. Students do not appreciate the care with which instructors in this school grade exams and the conscientiousness they have in grading them. Now with regard to a senior course or senior elective course whether or not the grading eases up the answer is that in my view it probably does ease up some. At the same time it's hard to factor out other considerations. For example, students are at this point much more facile at exam writing. It is much more difficult for a senior student to write less than a C paper, simply because he now has two years of experience writing exams and he has a certain ability and he is not psyched out as badly. A lot of the elements of fear are cut down and these factors I think reflect themselves in the papers so that the quality of the papers would indeed be good. My guess is that it reflects itself in the higher grades of B and above more than it does in C and below. In addition I think that there is a more informal atmosphere as classes become smaller

and especially in the elective courses the rigor of the first year is broken down somewhat and this relaxation itself in better grade performance.

I'm coming back to the other point that I made earlier that grading cannot be taken in isolation. It's part of a bigger picture.

MELLON: What do you look for in a good student?

TWERSKI: I think that that question is as broad as "What do you look for in a good person?" There are so many things that make up a ~ood stud?nt that it's hard to pinpomt. I thInk that there is an intensity of commitment which marks a good student.

It's how involved he is with what he is dob~.g here at the law school.

You can tell the student who has been thinking about the course, who just doesn't close the book but the book goes along with him. The more intense he is, the better a student I think he makes.

ME LLON: Is there anything in your opinion or is there any way that you think the law school can improve or become a better law school?

T\VERSKI: I believe that the faculty as a whole is ever conscious of that question. There probably is no magic in a good law school. It arises from several factors. It arises from good students, good faculty, good facilties. and a good library. You put those four inO'redients together and you have a good~ law school. Now defining the term "O'ood" in each one of these instance~ is fairly difficult. And it's fairly subjective. It's a very subjective test. r ve been very proud to be associated with the group of people on this faculty and with the students at this law schooL There is an honesty and an integrity throughout the law school which I think stands it in very good stead and I think it's some-

thing that those of us who are here all the time take for granted and fail to appreciate. The financial problems that have hit this University as a whole have, of course, affected the law school very deeply. I think our problems here are problems that money can solve and those are nice kinds of problems. The spirit the law school is I think a very one and that's why leaving is such a painful experience to me.

MELLON: Professor, you are the father of five children, all daughters. Would you ever want any of them to enter into the legal profession?

TWERSKI: Now you've asked a really tough question. The reason that I find the question so difficult is that I am not sure that we have even in this day of women' s liberation properly defined the role of the woman.

Taking my chances that I will be called a male chauvinist, I do not believe that the roles are identical.

Now with regard to the fact that there are a great number of \vomen now entering law school that's a great advance and it should have a long time ago. When you phrase the question a personal â&#x20AC;˘ uWould I like to see my daughters in law school I respond with a set of emotions that are probably not fully up to date.

I think that I might very well but I suppose that a great deal would depend on their own individual personalties and how they view their careers in conjunction with their roles as wives and mothes. It may be that the two are exceedingly compatible for certain kinds of people depending on their personality make-up and it may be that they are not. I guess I don't view the role of the woman as keeping the home fires burning as the exclusive role. I am not living in the eighteenth century, I suppose I still view the role of the woman as motherand as the mainstay of the family as a yery significant part of a woman's life but I'm afraid, Rick. that this decision will be made by my children and not by me.

4

MELLON: It's always hard to know and realize that a friend is leaving. Without going into a lengthy farewell or goodbye and without sounding too poetic, I am sure that I would convey the thoughts of the majority of the students here by just saying Shalom and wishing you all the best and all the luck in the world. Just make sure that you realize and know that we're going to miss you.

TWERSKI: Thank you very much.

JURIS - May. 1972

Paje Five

libonati leaves law School

By IRA WEISS

A bow tie ••• an immense cigar . . . tortoise shell frames . . .

Mike Libonati was all of these and more.

On his bookshelf, you would find all the familiar names like Corbin and Prosser, and some unusual ones like Hegel and Bentham. His style of conversation w'as brusque and sprinkled with "damns" and "hells," but he could wax eloquent when speaking about the intricacies of the social order.

Perhaps more than any other single thing, his Seminar on Crime personified his to legal education. More than just cases the entire social interaction viewed \vith a critical eye. For once in our lives, we were to the "whys" of policy instead of the policy itself.

His ideas were different and were often met initially with open cynicism.

But, under the hard light of scientific data, he was more often right than wrong.

We spoke for hours about Chicago poli-

Mike Libonati is, above an else, a true Renaissance Man. equally at home in all of the academic disciplines. His departure was all too premature , • • he will be missed.

The Capital "F" Syndrome

tics, but he could to the political theory

as easily switch Aristotle.

By DAVID WARD MURPIiY

As DEFINED by the Constitution of the Student Bar Association (Art. 1Sec. 2) one of the purposes of the organization is ,to guarantee its members a voice in the policies and operations of the Duquesne University School of Law." Membership in the organization is defined as including all persons pursuing a course of study leading to a degree from the School of Law. (Art. II-Sec. I), The powers of the SBA are defined as follows: "The Student Bar Association shall be the student governing body of the Duquesne University School of Law. It shall have the power to carry out the necessary and proper activities of the Student Bar Association." (Art. II- Sec. 2).

The definition of the purposes of the Student Bar Association contained in the Duquesne University Bulletin for the School of Law reads slightly differently.

It states: "The Student Bar Association maintains liason between students and Faculty; it conducts informal lectures at which addresses are given by the members of the Bench and Bar; it sponsors social activities of the student body such as smokers, sports activities and dances."

The seeming disparity or disagreement between the two definitions is interesting to say the least. I prefer to attribute this disparity to a lack of communications and possibly an administrative "snafu." I'll even graciously consider the fact that in the Law School Bulletin the word faculty is capitalized and the word student is not as a typographical error.

I prefer to think that no capital 'IF'! syndrome exists at this Law School.

In the course of my previous dealings with the faculty and administration. they have been for the most part, cooperative and concerned with the welfare of the students. Obviously. there are exceptions.

The principal area of contention is the question of how much responsibility the students should have. On the one side of the scales stands the faculty; on the other side, the students. The object that we all, faculty and students alike, must strive for is to strike a balance point between the two sides. There is no reason or justification for classifying our respective positions as adverse or conflicting interests and then refusing to discuss the issues. The students are concerned with their education, the quality of that education, and the means to that end.

The faculty and administration are concerned with the same issues.

The problem then is essentially one of communication. Vertically, it exists between the students and the faculty and horizontally, among the students.

If given the chance and utilized prop-

erly. the Student Bar Association can provide the vehicle for resolving the problem. The SBA is and can only be

JURIS - May, 1972

as strong as the support it receives from its members hip, the student body.

The goal of this Administration is to provide the students with an effective form of self-government. We cannot do it alone. We need the students' interest. suggestions, support and guidance. We need the continuing support and cooperation of the faculty and administration.

In the past. the Student Bar Association has been criticized as an impotent organization that never gets much done.

The students then use this premise as a reason not to support the Student Bar. The Student Bar then blames its impotence on an unaroused student body; and so it goes.

I pledge this Administration to the task of beginning a new era of communication the object of which will be to provide the law student body with an effective form of self-government.

To accomplish this. we'll need the support of all concerned.

/:'age :"lIX

1972-1973 JFRIS is pleased to announce the selection of the 1972-1973 Editorial Board composed of: Ira Weiss, Editor- in-Chief.

Joseph V. Huber, Associate Editor, Lawrence E. PoPP. News Editor. Duane L. Erwin, Fenture Editor, Richard Tomsho. LRyout Editor, Alumrli Affairs Editor, M. Hiehard ~Iellon, Graphic Arts and Hobert 1\1. Friedman, Business Manager.

Next yeHr \v'ill reflect several structural changes in the composition and operation of the Editorial Board. For the first time the Editor- inh:15 been elected b,v the Board and he, in turn, has been permitted to appoint his Editorial Staff. The new Board will also show extensive restructuring with the elimination of the offices of Editor. Article Editor, Circulation Manager, and Advertising Manager and the creation of the positions of s Manager and Graphic Arts Editor. It is hoped these changes will provide efficient cooperation and coordination within the new Editorial Board.

Th(, New Editor Sp(>aks T'HE POSITION of Editor of JURIS or any such paper is, in the long haul, probably not as important as the holder of the position \vould like to believe.

Because it is a quarterly publication, its emphasis is feature rather than news.

Still, being an active memher of the Fourth Estate, we still feel the pressures in our own \vay that all print and news media feel in this year of Our Lord 1972. There is a desire on the part of some to present the non- controversial and hy implication, the trh'ial. \Ve11, Pollyannas we're not!

All ideas have a place in JCRIS. Because both students and alumni receive the paper,the relevant prohlems of the Law School will be presented in a forthright manner. If all media lose this sense of existing in a free atmosphere, freedom of speech has lost its basic component. For those of you who feel that this is meaningless shouting in the wind, consider that we have seen injunctions against two major ne\",spapers for attempting to print material that was at the time four years old. We have seen the president of a major network grilled before the Congress of the United States because he would not turn over the tapes of a controversial hut true television report.

Let it be said that the coming year for JCRIS will be interesting. challenging, and above all, honest and relevant.

;;rW

Jt'RIS - May, 197::'

Page Seven

Delta Theta Phi

By AARON ARBITTIER

FEA l'VRElJ

ALUJIIVVS

Phi Alpha Delta

By GLENN SCHillO

IN

MAl\CH 16, 1972. the A.D. Law Fraternity elected the for the 1972-73 year. They are: Schillo. Justice; Art Rinaldi, Vice-Justice; John Higginbotham. Treasurer; Regis McCoy. Clerk; and Al Bell, Marshall. Professor Patrick Baslal the Advisor.

THIS MONTH will see the installation of the newly elected officers of Delta Theta Phi. With this activity. the Fraternity's first year will draw to a close. and its second year in existence here at Duquesne will begin.

L '57 - H. BERYL KLEIN ..• A native of Aliquippa, Judge Klein has been a lifetime resident of the borough and was recently selected by the Chamber of Commerce as their • Man of the Year for 1971.· Educated in Aliquippa's puhlic schools, Klein received a baehelor's degree in Business Administration from Ule University of Pittsburgh and his law degree from Duquesne in 1957.

In its first • Delta Theta Phi suffered growing pains however its accomplishments and programs were more than sufficient to soothe those aches.

For example, the Musmanno Senate won 'Outstanding Award in its region. The programs such as the Speakers Bureau, magistrate! s program, and shadow program were, for the most part, open to the entire Law School community.

Even though the membership in our Senate is over one hundred. they all have been outstanding active members.

This however. has not precluded members from being active in many other activities. The membership is involved in all areas of the school. The Delta Thets extend their congratulations to members Joy Conti, Tom Black, Janice Gambino, Thomas Koza. John Wall, and Jackie Bernat who were selected as Editors of the Law Review. Our heartiest congratulations also go to members Dave Murphy. and Don Speice on being elected President and Treasurer of the SBA. The second initiation of the Musmanno Senate held April 8 begins the second year for Delta Theta Phi here at Duquesne. Again, we initiated a huge class as well as three honorary members. The outstanding members were Congressman John Heinz. Harry Kramer, Judge of Commonwealth Court (who was unable to attend). and Professor WilUa m Donaher who will be the new advisor.

Our plans for the future include working with the Pittsburgh Police and a personal resume booklet consisting of all graduating seniors who are members. Expansion of present programs are also planned.

H. BERYL KLEIN

.•. Inside Edge ...

Prior to his elevation to the Bench of Beaver County in January of this year, Judge Klein was engaged in active practice for 13-1/2 years. He served as Solicitor for the Alliquippa and Center Area School Districts and was the first Solicitor for the new Beaver Valley Intermediate Unit Board of School Directors.

In 1960, he was Solicitor for the Beaver County Welfare Department before being elected to the Pennsylvania House of Representatives for three consecutive terms from 1961 to 1966.

While a Legislator, Judge Klein served on task forces of the Joint State Government Commission Which studied the prison and probation systems and the judiCial system. He also was Chairman of a sub-committee whose work led to making the University of Pittsburgh a state-related school.

Judge Klein served as Legal and Research Counsel to the State Senate Floor Leader from September, 1967 to April, 1971, when he was appointed Deputy Attorney General and Chief Counsel to Lt. Governor Ernest Kline.

A past president of B'nai B'rUh Lodge No. 1125, he also has served as a member of the Advisory Board of the Catholic Social Service of Beaver County.

He is a memt>er of the Pennsylvania Conference of State Trial Judges and the American Judicature Society.

Married to the former Mildred Labovsky of Pittsburgh, the couple has three children: Lloyd, 19; Roberta, 15; and Arnold, 10.

JURIS - Ma)" 1972

The new officers assumed their duties immediately after being thoroughly

by Justice Rich Lebovitz. Treasurer Julie Burkee. and Clerk Byrne. \Vh11e Art Rinaldi JOhL attended the at Schillo ficers Pittsburgh UH:~ week March to get some new ideas for activities in the coming year.

In the five weeks remaining present school year the new officers are continuing the Criminal Film Series are planning events for next year including the customary rush program over the summer. The last official function the old and new officers this year is the Annual Banquet at \vhich the outgoing officers are acknow ledged for their services with gavels. awards, and certificates of appreciation.

Plans for next year include a variety of programs designed to inform the members of the different types of legal practices and opportunities available in the Pittsburgh area. Tours of city. state and federal agencies are easily arranged and have been found to be highly informative. A police "ride along" program will also be established over the summer.

In short, the P.A.D. Law Fraternity is planning to make its programs informative to its members as well as providing areas of interest which the students can consider for possible summer or permanent employment.

With such programs and the cooperation and interest of old and new members, the new P.A.D. officers feel confident they can be of service to the fraternity and the law school.

Pale Eight

Report on the National Conference of Law Review

By THOMAS C. BLACK

T HE EIGHTEENTH annual meeting of the National Conference of Law Reviews was hosted by Howard University in Washington. D.C. March 15 through March 18.

The national organization, of which Duquesne is a member, is comprised of representatives from schools across the country who believe cooperative effort is the best way law reviews can meet the obligations to their respective schools, legal communities. and professions.

J Conti Janice Gambino. and Tom oy.

D t th r:cent1; named Editor-in-Chief of the Law Review, While Miss Gambino will serve as Article Editor. Mr. Black is the new Comment Editor. The group attended seminars. panel discussions, and speakers' sessions.

While the Conference did have national business of its own, the primary purpose in sending Duquesne's representatives was to enable them to gather new ideas for improvement of the law review. DUQUESNE LAW REVIEW has taken significant steps forward the last two years under the leadership of William Costopoulos and Steve Kreglow. The Conference provided the new editors with a valuable experience on which to base further imt f th re iew prove men s 0 e v • Of the many schools represented in Washington, a great majority expressed their respect for Duquesne as a fine law school. Credit for our reputation must be shared by the administration. faculty, JURIS, and Appellate Moot Court program.

~~n~~ren~~re~~~t.ed Cont~q,:::e

The most important part of the Conference was the series of seminars in which the members eXChanged ideas about problems which face all law reviews.

Law reviews have been accused of being elitist groups which merely serve the interests of the few who are chosen to write. The Seminar on Candidate Selection dealt with this problem extensively. The seminar was premised on the theory that there should be a greater effort to allow at least all those students who wish to write to do so. This is no easy administrative task. Several schools, however. have initiated open writing contests to determine who will become a candidate. Other schools have simply allowed anyone to write for the law review. and have published those articles which have met the high standards of legal writing.

These programs have met with varying degrees of success. Information concerning further attempts to open law review candidacy will be coordinated through a national information center.

The Panel Discussions were conducted by outside lawyers and professors. The theme of these discussions was "The Role of the Law Review in Contemporary Society." This theme suggests another major problem faced by law reviews.

Some would have the law reviews exist

principally to serve the local bar, or at most the circuit in which the schools are situated. The obvious problem with this approach is that the review may become too localized. passing over many of the important socio-legal issues of the day. Other panel participants warned that a review striving to become nationa11y- oriented may publish esoteric articles which are duplicative of existing national reviews. State bar members often look to schools in their area to develop imaginative approaches to the local prob1ems. The result of the panel di~cussions was the realization that law reViews have failed to establish a definite position in the legal community. A ~ruly relevant answer would be a comb.mation of the two approaches. Some revl~ws have published special issues ce,nte.rmg on a major problem in a partiCudlatr JUri~dic;ion. Ot?er schools have move owar a aw reVIew concerned with one area of law, sTuch as the GEORGE WASHING~ON JOURNALOF INTERNATIONAL LA\\ ANI? ECONOMICS. The Conference hopes Its members will attempt to encounter these problems.

New solutions and approaches can be disseminated throughout the country by the Conference meetings and the new mformation c e n t e r . .

DELEGATES REPORT Duquesne's delegation took an actt ve part in this year's Conference. Not only were all the seminars attended, but many personal contacts were made\\lhichshould enable next year's Board of Editors to keep up to date on current developments.

Mrs. Conti was co-chairwoman of the Seminar on Internal Organization and Management. It was very gratifying to the whole delegation. and especially Mrs. Conti. that more than a few participants

expressed their belief that it was one of the best seminars they attended.

DUQUESNE LAW REVIEW· was nominated to serve a two -year term on the Executive Board of the National Conference! but was not voted to serve on the Board.

This nomination was a result of the interest taken by the delegation in the affairs of the Conference. However, the members of the Executive Board agreed they would solicit Duquesne's opinion on all matters coming before it. The elected members felt the enthusiasm and interest of the Duquesne representatives should be used in a meaningful way to further the work of the National Conference. The delegation was very thankful for this vote of confidence and sincerely hopes next year's representatives will be able to take a more active role in the organization.

OUTCOME OF THE CONFERENCE The delegates from Duquesne drew some general impressions from the 18th annual meeting of the Conference. Most of the students and lawyers in attendance said law reviews and law students are faced with serious problems. The problems confront not only students but also law schools in general. In essence, many of the broader issues brought before the Conference cut across the whole legal profession. The lack of real commitment to solve the social problems of America has allowed law reviews to remain aloof from society's "gut problems. " Hopefully, steps can be taken in the immediate future to improve this situation. To have a truly meaningful commitment, the National Conference of Law Reviews will have to play a major role in coordinating efforts of the various reviews.

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JURIS - May, 1972

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Pale Nine

Trial Moot Court AFTER

several long and difficult months of competition, this year's Shalom Moot Court Competition produced J. Stephen Kreglow and James Skorupa as the representatives of Duquesne Law School. The victory was certainly gratifying in regards to the future plans of both representatives, as each intends to work in litigation; Steve with a firm in Easton, Pa., and Jim uncertain as of this time of his post graduation plans.

ThCl competition left both victors with several reflections on the internal operation of the moot court program and on the most effective method of approaching the competition. Steve believes that the Board should be organized earlier and competition begun and completed within a shorter period of time. This would alleviate a great deal of schedule and preparation conflicts between competition and the student work load. In addition each feels that the competition should include criminal as well as civil cases with students in later elimination rounds finding themselves competing on a one- to- one basis rather than the pairs system now utilized.

gram next year, the best advice Steve and Jim can give is to prepare and know the case well. use a good closing statement and work hard on the cross examination. The student who presents a good closing and controls his case in all aspects most effectively and purposefully is the one most likely to impress both judge and jury favorably.

JlJRIS ~ould like to take this opportunity to congratulate both representatives on their vj.ctory over Dickinson Law School and continued success in their future competition for the Gourley Cup as well as in their chosen areas of practice.

For the students competing in the pro-

Hard day in court?

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JURIS - May. 1972

Page Ten

EDITOR'S NOTE:

This article has been prepared

BAil BOND REFORM ,

especially for Jl'RIS JUDGE LEWIS is a graduate of Allegheny High School, Adrian College and the Cornell University Law School. He is a former Assistant City Solicitor of the City of Pittsburgh and a former Assistant District Attorney.

During World War n he served in the United States Army from December, 1943 to March, 1946.

He was President Judge of the Military Government Courts in Land Baden, Germany, and later served as the Military Governor of the City of Mannheim, Germany.

He has been a member of the Judiciary since 1951 and is presently the Presiding Judge of the Civil Division of the Common Pleas Court of Allegheny County.

Judge Lewis is a former President of the Pennsylvania Conference of State Trial Judges and is Vice-Chairman of the Supreme Court's Committee working on Criminal Court Pattern Jury Instructions.

T HERE HAS been a growing demand throughout the country for bail reform beginning in the early 1960's.

Perhaps the pioneer effort in seeking alternatives to the present system of bail was the Manhattan Bail Project launched in the Criminal Court of New York City in October. 1961. The Manhattan Project sought to test the hypothesis that a far greater number of defendants could be released successfully on their own recognizance if verified information concerning their stability and ties to the community could be presented to the court.

The system of bail as we know it originated in England during the thirteenth century. 1 Whether a defendant could be released before trial was within the sound discretion of the sheriff. In exercising this discretion the sheriff was to consider the gravity of the charge, the weight of the evidence and the character of the defendant. 2 As time went on, restrictions were put on the sheriff. 3 In addition, bail was made available only if a friend or relative of the accused promised to forfeit a specified sum of money to the court if the defendant failed to appear for trial. This development gave use to the keystone of the American system .•• the bail bond.

Because the private surety often did not have the financial resources to conduct widespread searches for fugitive bailees, this practice was soon abandoned and in its stead the commercial or professional bondsmen came into being. 5

By The Honoral The bailment or delivery of the accused over to the bondsmen was brought about by the execution of a bond conditioned upon the delivery of the accused to custody at the time and place stated in the bond.

If the bondsman was unable to deliver the accused, the bond was forfeited. In return for the service of the bondsman, the accused was charged generally in proportion to the amount of the bond.

The sale of commercial bail bonds thus became a widespread and lucrative adjunct to the judicial function of setting bail. Actually this method of shifting the responsibility and expense of assuring the presence of the accused at trial from society to the accused and his surety remains an integral part of the American system of bail.

The United States Constitution does not expressly grant a right to bail. The Eighth Amendment merely provides that "Excessive bail shall not be required."

However. even before the Bill ,of Rights had been ratified, Congress enacted the Judiciary Act of 1789 providing that upon all arrests in criminal cases bail shall be admitted except where punishment may be death. 6 In connection with capital cases the statute made the right to bail discretionary depending upon ffhe nature and circumstances of the offense. and of the evidence and usages of law.

Rule 46 of the Federal Rules of Criminal Procedure secures the right to have bail set before conviction in all noncapital cases. 7 The Constitution of Pennsylvania provides: 8 'Excessive bail shall not be required. nor excessive fines imposed. nor cruel punishments inflicted. All prisoners shall be bailable by sufficient sureties. unless for capital offenses when the proof is evident or presumption great; and the privilege of the writ of habeas 1. J. Stephen, A HISTORY OF THE CHIMIN AL LAW OF ENGLAND, 233-34 (1883).

2. J. Stephen, SUPRA, Note 1 at 234.

3. W. Morris, THE MEDlEV AL ENGLISH SHERIFF to 1300, 232-33 (1927); 1 J. Stephen, SUPRA, Note 1, at 234-235.

4. See 2 F. Pollock and F. Maitland, THE HISTORY OF ENGLISH LAW, 584, 589-90 (2nd ed. 1923).

5. A. stearns, SURETYSHIP, 391-400 (3rd ed. W. Cook 1922).

6. Judiciary Act of 1789, Act of Sept. 24, 1789, Ch. 20, Sec. 3, 1 Stat. 9l.

7. Fed. R. Crim. P. 46 (a) (1) states: «A person arrested for an offense not punishable by death shall be admitted to bail."

8. Pa. Constitution, Art. 1, Sec. 13, 14.

corpus shall not be suspended unless when in cases of rebellion or invasion the public safety requires it."

Excessive bail has been defined as bail set at a figure higher than an amount reasonably calculated to fulfill the purpose of assuring that the accused will stand trial and submit to the judgment of the court.

When a defendant is indigent the tion arises as to whether he has the constitutional right to be released on his own recognizance. In UNITED STATES v. R U::\ffiICH. it was held that a person arrested upon a crimina! charge \I\t'ho cannot give bail has nO recourse but to move for trial. 9 In \\'HITE v. UNITED STATES, the conclusion was reached that the mere financial inability of the defendant to post an amount otherwise meeting a standard reasonably calculated to insure that the accused will stand trial and submit to sentence if convicted, does not automatically indicate that hail is unconstitutionally excessive. 10 In a Pennsylvania case, COMM. EX REL. FORD. APPELLANT. v. HEN!)RICK. the Superior Court affirmed the lower court in refusing to release an indigent defendant without any bail what~ ever. 11 In Pennsylvania. in implementing the Constitution of Pennsylvania, 12 certain guidelines were laid down for the determination of reasonable and appropriate bail in every case by the adoption of the Supreme Court of Rule (a) of the Rules of Criminal Procedure.

This rule, which was adopted on June 1, 1966, provided as follows: "The amount of bail shall be such as to insure the presence of the defendant, and shall be determined ac~ cording to, but not solely upon, the following criteria: (1) the nature and circumstances of the offense and the stage of the prosecution then existing; (2) the age. residence. employment, financial standing and family status of the defendant; (3) defendant's character. reputation and previous criminal history; and (4) defendant's mental condition. "

9. 180 F. 2d 575, 576 (2nd Cir. 1950).

10. 330 F. 2d 811 (Bth Cir. 1964).

11. 215 Pa. Super. Ct. 206.

Page Eleven

~

ALLEGHENY COUNTY

LORAN L. LEWIS Ironically enough. during the same month and in the same year that the Pennsylvania Supreme Court adopted Rule 4005 (a) of the Rules of Criminal Procedure, Congress passed the Bail Reform Act of 1966. The Act required that the following factors be considered before any conditions of release are imposed upon a person accused of a noncapital offense, 13 the nature and circumstances of the offense, the weight of the evidence against the accused, family ties. employment, financial resources, character and mental condition, length of residence in the community, record of convictions, and record of appearances at court proceedings. These factors were selected as indicative of the likelihood that an accused would appear for trial.

Generally, the Bail Reform Act of 1966 seems to establish a policy in the federal courts of releasing a defendant without security. The Act provides that a defendant shall . . • be ordered released pending trial on his own recognizance or ••• upon the execution of an unsecured appearance bond in an amount specified by the judicial officer. unless the officer determines in the exercise of his discretion that such a release will not reasonably assure the appearance of the person as required.»

If justice requires the defendant to put up some security for his release pending trial, the court may in its discretion require the defendant to put up the ordinary bail bond or may permit defendant to put up a sum of money not exceeding 10% of the amount of the bond which will be returned to him after his trial. 14

As late as March 1972, the Supreme Court of Pennsylvania took a progressive step forward relative to bail reform by amending the Rules of Criminal Procedure to read as follows: "Rule 4007. (a) The issuing authority or the court shall release a defendant on his own recognizance or on nominal bail in court cases when (1) the offense charged is punishable by a maximum sentence of imprisonment of not more than three years; and (2) defendant is a resident of the

Commonwealth; and (3) defendant poses no threat or immediate harm to himself or to others; and (4) the issuing authority or the court has reasonable grounds to believe that a defendant will appear as required. (b) In court cases where the offense charged is punishable by a sentence of imprisonment of more than three years. the issuing authority or the court may release a defendant on his own recognizance or on nominal bond." 15 In the early days of the Commonwealth of Pennsylvania. as well as in many other states, bail bonds were posted by individuals . . . usually friends of the defendants. As time went on the professional bondsman came on the scene and began to post more and more of the bail bonds. Their fees ranged anywhere from 6% of the face of the bond to 10%. The postin~ of bail bonds by professional bondsmen became a very lucrative business. It has been estimated that over $700,000 a year has been siphoned off defendants and relatives to pay the premiums charged in Allegheny County alone for the release of prisoners. Under this system it was the professional bondsmen who actually determined what prisoners would be released and what prisoners would not be released pending trial.

Bondsmen in Allegheny County long have been the source of controversies, scandals and even grand jury investigations. As early as 1964 the writer of this article proposed that a rule of court be adopted permitting a defendant to deposit with the Clerk of Courts 8% of the face amount of the bond, with the proviso that if the defendant were found not qullty he would get his money back a small service charge; if he were found quilty, the amount deposited would first be applied to the court costs and any excess would be returned to the defendant.

portant things: first, an innocent defendant would not be penalized by his bond premium; second, the county. in the case of the quilty defendant. would collect its costs; and. third, it would give the defendant an incentive to appear for trial. This proposal received favorable comments from the trial bar and received the ndorsement of the Allegheny County Association. Very little was done to implement the plan and put it into operation until 1969 when a criminal court committee \vas requested to study it and make recommendations.

The committee held a public hearing at which time all interested parties were permitted to be heard. It was evident from the large number of interested organizations and members of the bar who spoke in favor of the plan that they wanted the court to adopt a rule putting it into operation, which was done on February 11, 1971.

The Illinois legislature adopted a somewhat similar plan in 1965. 16 In those cases where the defendant is denied release on his own recognizance and is instead released on bail, he may deposit with the court an amount of money equal to 10% of the bail imposed by the judge.

If the defendant appears for trial, 90% of the amount deposited is returned. The remaining 10% used by the state to cover administrative costs.

This would accomplish three very im- continued on Page 12

12, Sees. 13 and 14, Art. I, Constitution of Pennsylvania.

13. 18 U.S,C. Sees, 3146-3152.

14. 18 U,S.C.A. Sec. 3146 (a) (3) (SuPp. 1966).

15, Rule 4007 (a) (b), Rules of Criminal Procedure,

l"'a. Supreme Court, as amended March 18, 1972.

16. Ill. Rev. Stat., Ch. 38 Sec. 110-2 110-7 (1965), "

Bail Bond Reform In Allegheny County - continued /rom Page 11

When this legislation was under consideration by the Illinois State Legislature, the professional bondsmen and the insurance companies who wrote bail bonds descended on it with the cry that it was attempting to put the state in the bail bond business and destroying private enterprise. Further they predicted that jumps under the proposed 10% provision would be as high as 90% since no defendant would bother to appear if he had no professional bondsman to fear. In Cook County, where they were able to gather statistics on the first two years of operations, the opposite proved to be true. The percentage of jumps under the 10% provision in both felonies and misdemeanors was significantly smaller than under surety bonds. 17 The Illinois plan differs from the plan adopted in Allegheny County in two respects. Under the Illinois plan the percentage of deposit is 10% while the percentage of deposit in the Allegheny County plan is only 8%. The Illinois plan provides that if a defendant appears for trial he gets 90% of his deposit back.

Under the Allegheny County plan if he is found not quilty he gets all of his deposit back less a small service charge.

If he is found quilty. however, his deposit first goes to pay his costs and anything left is returned to him. It was thought that the taxpayer should not have to assume the burden of the costs for the guilty defendants. which have been estimated to be close to $100,000 per year.

The release on an 8% deposit of the face amount of the bond, while progressive in that the innocent defendant is not penalized, does not help the defendant who is not able to raise this deposit and who might be a good risk. With that in mind the Allegheny County Bail Agency which was set up by the court on April I, 1972, decided to broaden the 8% release plan and, if possible, increase the number of defendants to be released on their own recognizance or on nominal bail. 18 For some time now we have been releasing defendants on 17. Bowman, "The Illinois Ten Percent Bail Bond Provision," 1965 U. Ill. L.R. 35.

18. Nominal bail may be used as an alternative to the system of releasing a defendant on his own recognizance when it is desirable to have a surety.

The purpose of the surety is to facilitate interstate apprehension of the defendant who has absconded by allowing the nominal surety the right to arrest the defendant without the necessity of extradition proceedings. See FISBEE v. COLLINS, 342 U.S. 519 (1952). Release on his own recognizance should b.e uS:d where a defendant has a family and economic ties with the community, is not likely to flee the jurisdiction, and does not appear to need a third party to assure his appearance.

nominal bond in Allegheny County. This has been accomplished through the help of the Neighborhood Legal Services who prepare and present petitions to the court requesting the release of indigent defendants whom they feel are good risks.

From the rather sparse statistics, it has been found we have a high forfeiture rate compared to other nominal bond programs. For example, in May. 1970, there was a forfeiture rate of 6%. while in June of 1970 there was a forfeiture rate of 20.3%. 19 In \\'ashington. D.C., where they have one of the highest crime rates in the country and where 48% of those persons released before trial are on non- monetary conditions, the forfeiture rate in 1969 was only 2.3%. 20 In San Francisco the forfeiture rate is below 3%. 21 In the Manhattan Courts, New York City, during the first 30 months of the Manhattan Bail Project, only 1 % of those released on their OWn recognizance failed to appear. 22 Our higher forfeiture rate in Allegheny County of persons released On nominal bond apparently has been due to the lack of a follow- up and personal contact program with the defendant whUe he is awaiting trial.

The success or failure of a nominal bond program depends on the thoroughness of the preliminary investigation of the defendant and his roots or lack of roots in the community and, most important of all, the follow-up and the direct personal contact if he is released on nominal bond. For example, under the Manhattan Bail Project, the bail bond staff agency notifies the defendant in writing of the date and location of subsequent court appearances. If the accused is illiterate he is telephoned personally as well as notified by letter. If he cannot speak or understand English, he will receive a telephone call or letter in his native language. Notification is also sent to any reference who has agreed to help the defendant get to court. On the date of the court appearance, the defendant is asked to first visit the staff agency. If he does not appear. staff personnel immediately attempt to locate him. If his absence was for (Tood '" cause, they seek to have the parole reinstated. 23 19. American Friends Committee Survey of the Nominal Bond Program in Pittsburgh, J~ly 1970.

20. D.C. BAIL AGENCY REPORT, Jan. 1, 1969Dec. 31, 1969.

21. SAN FRANCISCO BAIL PROJECT -THE FIRST FOUR YEARS. 22. THE MANHATTAN BAILPPOJECT AREPORT ' OF THE VERA FOUNDATION. 23. THE MANHATTA..N' BAIL BOND PROJECT 49 Mass, L.Q., P. 312. '

JURIS - :\ta)', 1912

For any nominal bond project to be successful it must originate at the magistrate level so that a defendant whose past record and background that he is a good risk will not have to remain in pretrial custody and longer than is absolutely necessary. In endeavoring to bring bail bond reform to Allegheny County and, if possible. to establish a model program, the court's Bail Bond Agency will proceed alonothe follOWing lines: "" 1. The Bail Bond Agency will keep a record of all those persons released on their own recognizance. on nominal bail, on money bail. and on a surety bond. The record sheet will include the date of arrest, the charge, the amount of bond and all other pertinent data that can be obtained in regard to the defendant's backO"round.

2. A system of reporting will be set up so that all persons on bond will required to report to the Bail Bond Agency by phone at least once a month to confirm their availabiUty for trial.

All persons on bond will be notified by the Agency either by letter or telephone of the date of their trial at two weeks before the trial date. ",

3. An advisory service will be furnished to the district justices of the peace and other issuing authorities in regard to the type and amount of bail and pertinent information the Agency or can obtain promptly in relation tf) the defendant! s background. This service will extend from 8:00 a.m. until 11:00 p.m. initially and later. when the Agency is fully staffed, on a 24- hour basis. 4. Defendants wh9 make a request to the Agency for information or help in obtaining a release on their own recoO"izance or nominal bond will be inte~足 vie\ved and investigated and a recommendation made to the court or to an issuing authority.

5. A working arrangement with the Bureau of Identification of the City Police and the County Detective Bureau will be established so that information of prior arrests and convictions of a bail applicant can be obtained quickly and with a minimum loss of time. Allegheny County borough and township police departments will be ,asked to cooperate in obtaining informatlon about bond applicants who live in their areas.

6. The Bail Bond Agency will assist in the apprehension of those persons who forfeit their bail and will assist in having it reinstated when the defendant has a legitimate excuse for not appear- continued

on Page 13

Pale Thirteen

Bail Bond Reform In Allegheny County - continued from Page 12

ing for trial.

7. An education program for the minor judiciary will be set up immediately as to the procedure of granting and admitting defendants to bail.

One of the prime objectives of the Bail Agency will be to keep in close contact with the defendants while on bail.

This should result in keeping the forfeitures of bonds down to a minimum and indirectly prevent the postponement of cases which in the past have resulted in the County of Allegheny assuming thousands of dollars Each year in uncollectible court costs.

When we speak of bail reform we generally think of reforms that benefit the accused. However. there is a strong movement on in this country for changes in our bail system that will benefit society as a whole. Almost daily we read in the newspapers where a person who has been released on bond has committed a serious crime. The citizenry is generally incensed about this and the courts are subject to its wrath. It is interesting to note that pre-trial detention in the case of dangerous criminals has been the policy of most countries in Western Europe, including England where there is a high regard for civil liberties. In Great Britain, the decision to grant or deny pre-trial bail in all felony cases is largely discretionary with the court and one of the prime considerations in making the decision is the likelihood of crime on bail.

In West Germany and in Sweden there may be pre-trial detention when there is reason to believe that a person charged with a major crime will commit another major crime of the same type. 24 Most of our states do not have pre- trial detention except in capital cases. Three notable exceptions are Arizona. Maryland and New York. In Arizona any person free on bail who is charged with a felony may have his release revoked and may be detained during trial if there is probably cause to believe he has committed another felony during the period of his pre-trial release. 25 In Maryland an accused is allowed two chances at bail on felony charges before his release is revoked on an arrest for a third felony. 26 Under the New York law the courts have the discretion to deny pre- trial bail altogether on a basis of risk of flight. 27

Perhaps the most drastic step toward pre-trial detention in this country was the enactment into law of the District of Columbia's Court Reform and Criminal Procedure Act of 1970. 28 Among other things, this act provides for pre- trial detention of dangerous defendants in the District of Columbia and is a basic change in the federal statutory bail law which has been in existence since 1789.29 The impetus for this legislation was no doubt brought about by the drastic increase in serious crimes within the District of Columbia. District of Columbia grand juries had repeatedly criticized the operation of the Bail Reform Act of 1966. 30 In a letter on behalf of the grand jury to Attorney General Ramsey Clark, the foreman wrote that many times the jury faced a defendant with a long record of violent crimes who was then under indictment and awaiting trial. He stated that he was appalled to learn that these defendants were often free on bail thus being afforded an opportunity to commit more crimes. In his view their presence served as evidence to others that one could commit serious crimes in the District of Columbia and still be free to v1alk the streets. There seems to be no doubt that the foreman of the District of Columbia grand jury expressed the opinion of many people throughout the United states, especially in those areas that have an increasing crime rate. The District of Columbia Crime Act provides that initially all defendants appear before a judicial officer in the same manner as practiced since the Bail Reform Act of 1966.

If on presentation of a motion by the United States Attorney for a detention hearing the judicial officer reaches a determination that no condition or combination of conditions of release will insure community safety. he then has the discretion to order a pre-trial detention hearing. The defendant must fall into one of four categories before the hearing officer can order such a hearing. The first category involves dangerous c~imes and includes the felonies of robbery. burglary, arson. forcible rape. and unlawful sale or distribution of drugs. The second category . . . crimes of violence . . . emphasizes the past conduct of the defendant and his prior involvement in violent offenses. A defendant charged with a crime of violence will only be within this category if (1) he is currently on pre-trial release or release pending appeal, charged with a prior crime of violence, (2) he has been convicted in the past 10 years of a crime of violence.

JURIS - May, 1972

or (3) he is on parole or probation for a crime of violence. This category looks to past conduct and stresses either the fact that the defendant has been trusted once with pre-trial release. or has a record of conviction for a crime of violence leading the court to believe he will commit another crime.

The third category covers a narcotic addict charged with one of the crimes of violence. The final category covers those defendants who, irrespective of the offense charged. obstruct justice by threatening witnesses or jurors.

If a pre- detention hearing is ordered it must be an adversary heaing. The defendant is entitled to be represented by counsel. to present witnesses and information on his OWn behalf. and to appeal. If the defendant takes the stand. his testimony will not be admissible on the issue of guilt in any other proceeding. If the judicial officer decides to issue a detention order, he Is required to submit written findings of fact and the reasons for its issuance. The act requires that the pre- trial detention cannot last longer than 60 days unless the defendant is delaying the trial other than filing timely motions. If ~t the end of 60 days the trial has not begun and the delay was not caused by the defendant, he must be granted release conditions.

Another very important benefit provided to the defendant under the act is a reasonable opportunity to consult with counsel and in certain cases to be released for a limited time to assist in the preparation of his defense.

Pre- trial detention of the dangerous defendants and the release of the good risk defendants On their own recognizance or on nominal bond will go a long way in satisfying all segments of society and result in the complete elimination of the professional bondsman.

24. PRE-TRIAL DETENTION AND THE 1970 DISTRICT OF COLlTMBIA CRIME ACT - THE NEXT STEP IN BAIL REFORM, Brooklyn L.R., p. 277322.

25. Ariz. Rev. stat. Ann., Sec. 13-15, 77D (SuPp. 1969).

26. Md. Ann. Code, Art. 27, Sec. 616-1/2 (Supp.

1969).

27. Supplement to Official Law Reports and Sessions, Criminal Procedure Law, ch. 996, Laws of 1970, Sec. 530.20 (2), 530.40 (2), 510.32 (2).

28. Pub. L. 91, 358, 84 stat. 473 et seq. (1970).

29. See Judiciary Act of 1789, Act of Sept. 24, 1789, ch. 20 Sec. 31, 1 Stat. 91.

30. PRETRIAL DETENTION AND THE 1970 DISTRICT OF COLUMBIA CRIME ACT - THE NEXT STEP IN BAIL REFORM, Brooklyn Law R. Vol. 37, p. 291.

Page Fourteen

As I watch my friends reflecting On the courses they've been taking And the money they won't be taking While you guys are still in school.

I thought I might just touch on something Some of you may feel is nothing As some of you are prone to puffing When the grades go on the wall.

It isn't that you're getting smarter Or that you've been working harder And don't dismiss me as a martyr When I say that things have changed.

I recall when I was younger Wasn't much before last summer Most of us had thought we're 'gone-ers' When we saw the grades come out.

Now I see that things are changing And I find it quite sustaining Just to know my peers berating Had not been a waste of time.

Many times I h.ea,.d complaining On the subiect of the grading For we found it aggravating That so mal'll' would fail out. remember {roT": this letter Though you ~:now things coufd be better Keep on kicking tif! you've met her And you find the battle's yours.

JUR IS Editorial Board

T HERE'S

NO momument yet . . . no grand edifice to testify that after this year Duquesne will he R law schooL To justify your if not to pad the resume, you seare bi. f 0 r t'I1 , a~..

(Treat leap forward that has been pre~ipitated by the Student Bar Association.

When the only sound heard is the shuffling of feet, the is ')

wiII fall

When that the officers the Student Bar will be able to on the projects which fables ~re \J,iritten. student

So

If you do as I've suggested Never quit till you've corrected All the things that you've selected West of Harvard we'll be headed.

One quick note before I leave you I'd like to take this time to thank you Dave and Jim for all you've been through Helping me these past three years.

By LAWRENCE ROSS WIEDER

The year and the people 'Nere not blessed with the serendipity of place which gives rise to the Renaiss anee.

The motion, while slow and unspectacular. was at least forwarct. Forwarct motion however I while it is laudable, does not cause writers to trample each other in a rush to get syndication rights to the story. When ambition abounds, why then no c~ll for DeMille?

In

a word.

the

answer is MONEY.

For too long, during the past three years the Student Bar Association has been forced to do battle in an area in which it should have neither the desire nor the need to participate. University financin(T of the law school has been, and will'" continue to be, the single most pressing problem faced by the law sch,ool.

In the past it has called for meetings and letters, and meetings and threats, and meetings and • . • The atmosphere is not conducive to spectacular achievements, but it breeds perseverance ••. a perseverance which has been mildly successful. ("Successful!" I hear them cry. "Tuition is going up $100. next year !")

To the disbelievers, consider what might have been. Picture yourself an undergraduate.

Duquesne Law School stands like a young David, whose father has mort aged the slingshot. When the money is found, the

JURIS - May. 1972

that some- will research course which of

"The Harvard of the v'Vest." The phrase evokes a smile even the hundreth time around. One wonders what causes the smile, however. Is it really funny or do we smile so as not to think that elsewhere the guffaws register 180 decibles?

If tuition stayed within the law school the giant killer would be armed and we would know that no one Was laughing.

By JAMES E. DUNN, Jr.

Page Fifteell

Law School, !lO\'vcver, n;)t all humor, nor has it been tota tion and agony. To be truthful \\ it is to admit that it is tion and study in told many times.

make be are

•

e

e e y

L PON BEING asked to reflect on my "term of years" in Law School, I asked myself . . . should I do it and should I be honest and chance blowing the whole thing? \Vell, the answer to the first 8elf- inquiry was obviously yes. and what follows will determine the answer to the second question. To start at the beginning is to determine the answer to that never ending question; why in the hell do you want to go to law school?

The end is near and so is the answer.

3

1

)

?

1 1

I

The Night School is an immediate shock to anyone used to anything better • . . and all of us were. There was the realization that we weren't as smart as we thought we were with our other degrees, et a1.. that we were floundering anew in an unknown sea, and that there were 110 other people in one crowded bland classroom all insecure and all wondering why, From those moments of terrifying and frustrating thoughts, things got worsel First there was registration, an exercise in inexcusable mismanagement, (this process has not improved).

This was followed classes and first year professors . . . briefing every case, standing in Contracts to recite, intirnidated in Legal Process, reading along in Civil Procedure and Agency . . . Oh what memories . • . oh what agoniesl

Exams followed classes as the storm follows the quiet, but our first encounter was the most terrifying. After feeling that you blew an exam, you waited . . • and waited . . . for the writing to appear on the wall, the Wailing \Va11 (at this one you pray before you get there and grieve after you leave). Grades went up and quickly ppeared from the scene.

This has been four years my have slight ha ve been slight.

the routine for the has been here. There variations, but they

There have been during our tenure here; changes in the student body, the faculty and the facility. The School has taken on a younger atmosphere, perhaps a more liberal one. The faculty has increased in number and it too doesn't get its hair cut as often. The rooms are still drab and bland, but thert~ are more of them than when we started.

In fact, we did receive a roomier lounge than that upon which we were \\leaned.

The coffee is more expensive, but it tastes just as badly. Of course there was the emergence of Delta Theta PhL Humorous things han; occurred e September of 1968. Professor FisHs stumbled On a three (3) dog. Steve Schwem asked Professor Dema8 if it was true that everyone in LA PO an A. Professor Broughton told the story about getting "scrod" in Boston. Professor Hummel did his famous grapefruit trick. The Christmas parties were enjoyed by all and conjured up memories of gags and lines that each of us could identify with. And of course, everyone found great amusement in the various student body elections and their results.

JURIS - May. 1972

his , the educational

Tile and have made may be tht~ mark that Duquesne leaves is a certain comradre that exists cause of the the us all through, and there is humbling of the facilities \\hich to keep all of our must not forget the of them personal, ofthose who found it within themscln's friends as well as For all this each thank you. \\e have earned anel for this we must cOl,sicier better than when journey' four yt'ars ago.

Law at

in

the

he11

to nnsv.'er our we

By JOSEPH E.

Page Sixteen

or trying to be creative or making an independent contribution on your own at any time during the three Duquesne years.

Just spot that· class issue or some small variaton on the theme.

Law review . . • do that casenote not sa you can in some sense add to legal scholarship or contribute to a body of knowledge but because it might help you land that job in a close case. Remember the law teaches that it is outward acts and not motivation that is important anyway. And who in this school (save possibly one or two professors) appreciates scholarly writing anyhow?

Thanks to Legal Research I barely know how to get into and use basic source materials . • . you expect me to make some sort of substantial research effort and contribution too? Don't forget your grades might suffer.

THE DUQUESNE Law School "family" • . . a cliche and incidentally a legal fiction of the first magnitude.

Duquesne does not even possess a sense of community. It reflects the ethos of the commuter university it is. One comes to class, takes notes, and leaves. No intellectual interchange takes place except in class (if then).

Course selection and methods • . . they're like the way of measuring legal ability and achievement. The ran~e, of options is limited. Get used to repetItlon.

You may choose 7 electives during three years. Of course, don't count on getting more than 4 of your first 7 choices . . . out of a total of 12. We learn by the case method at Duquesne. Period.

Forget about any independent study ?r research or chance to work closely wIth a professor. There are just too few faculty to go around. And besides we produce a practicing lawyer at Duquesne . . . he can get all he needs or wants to know in class. Teachers, scholars, policy makers be damned. Forget about clinical education . . . it's for liberal dogooders and a fad. There's ,no need for much in the way of specIal programs or outside speakers. And why bother with a special course in Appellate Advocacy? Your peer group can evaluate you just as well . . . and tell you your suitcoat button was unbuttoned.

The relationship between the institution and persons and between persons within Duquesne is of the' I- It'1 variety. People are not so much persons as they are objects to be manipulated. Remember we're all engaged in a great conpetitive struggle and Darwinian principles apply.

And don't forget Adam Smith either.

For all its failings, Duquesne does . l'f prepare one well for certaln Id: , s realities. The outside world a harsh place. Most cannot remain in the undercrraduate womb forever. Ideas in and of themselves are not highly valued in our society. The emphasis is on practical utility: production. and competition. It is on getting a case settled and moving on the the next one as quickly as possible.

If you want to reflect and contemplate fine , but -vou had better be one of the 4 000 or so law professors in this country.

If you're concerned about justice and concrete human suffering a social worker or write for the NEW REPlJBLIC. But don't come to law school. Law is a business and the emphasis is on efficiency and volume (quality may occassionally suffer). Law as a business must essentially cater to private interests in an adversary setting. The client cares about winning . • . not the public interest.

Idealism is fine but it must be tempered by certain practicalities. Maybe our expectations in coming to law school were too great . . • intellectual challenge, prestige, a guaranteed well paying job, and a hope that the law could be used as a tool for social reforms (only the first and last. of course. are idealistic).

Duquesne never promised that the profession of law would be an easy living or that it would not be subject to the business realities of supply and demand.

It never pampered us. Few professors ever went out of their way to be nice (at least during the first year). To the extent the Duquesne experience toughened our feelings as well as our intellects, it prepared as well for the challenges and disappointments that lie ahead.

The measure of the man is grades baby and don't you forget it. Three hours of issue spotting and endless hours of reviewing class notes determines whether you can cut the mustard or be relegated to the Xerox machine. Reflection on inconsistencies in the law or what the law should be are for the most part to be postponed till later. Just know the rule and the reason for it. There's no need to develop an underlying philosophy or to spot interrelationships with other areas of the law or other disciplines. Don't worry about trying to resolve any issues

By

JURIS - May, 1972

CHARLES W, KENDRICK

P ••e Seventeen

T HE

OTHER day. my wife asked me for the twentieth time to finish painting the bathroom shutters. It seems that the half- painted shutters (one side green and the other foundation press blue) are causing her considerable embarrasment in our circle of friends.

"They think that color scheme is intentional," she said. "they don't realize that you failed to finish them between your UCC and Corporations exams." I was surprized to hear that anyone outside our family used the bathroom considering

the fact that I've never fastened the commode seat to the fixture when it broke last fall after classes had resumed. "Don't they realize that I'm a night law student. and don't have time to worry over trifling matters 7" I retorted. Alas, as soon as I said it, I knew that remark would percipitate more discussion. "You won't be able to hide behind that excuse to much longer," she replied.

Being a basically fair person, I realized the poignancy of her remark. Over the years I have accumulated over two hundred projects which I have faithfully promised to devote attention to upon graduation: Hooking up the suds saver, installing the window screens, (for last summer) and dismantling the Christmas Tree platform are but to name a few.

Being a night law student has had an impact on my social life as welL Our neighbors were aloof for five months when we first moved into our home since they regarded our relatonship as illicit. They based their belief on the fact that my car was parked in the driveway only on weekends. It was only when two neighbors assisted me into the house after the last law school Christmas party that they realized we were married when one remarked "The widow has a husband." It's not that I drank to an excess , it was merely that my liquior tolorance level had been significantly reduced since I seldom drank while studying. Anyway that encounter resulted in my acceptance as a neighbor.

Fortunately. throughout the past four years, my wife, as well as many other law wives, has been understanding and patient. She has also learned the elements of all intentional torts and knows the difference between an absolute and a bed and board divorce, since she was forced to overhear me rote memorize them preparing for examinations. Undoubtedly we all owe them an expression of our graditude for their support. We might even be so bold as to find a job as an attorney.

By ROBERT J. AMELIA

A FEW years back there was a popular song entitled "Is That All There Is." If anything can sum up my feelings about the past four years this would be it. As the song says "Lets bring on the new. " It is hard to believe that in a few short months we will be receiving professional degrees while prominent in my mind is the unprofessional atmosphere in which we were forced to earn them.

I have the feeling that we are members of the 1972 rush class to the lawyers fraternity and that the past four years have been the pledge period. With this in mind I guess the Bar Exam must be considered the 'Hell Night" to end all "Hell Nights." It seems as though we have been subjected to a lot of unnecessary harrassment both intentional and unintentional. This harrassment added nothing to our ability as lawyers and may have in fact impeded the educational process. Unfortunately this is what stands out most in my mind. There were many other problems at the school that detracted from the learning of the law. What I find most significant is that we seem to be talking about the same problems year after year. Many changes have been made but the basic problems remain. \Ve have been called upon to pay more and more but if anything we receive less and less.

Law school has of course provided many worthwhile experiences. During the past four years I have been fortunate enough to meet many interesting people and have made many friendships that I hope will continue long after graduation day. I also suppose that many valuable lessons have been learned that will not he fully appreciated until sometime in the future. For now I am just content ~nowing that a long four year venture IS nearing an end.

I T IS idle to recount what now must be a programmed transitional format of the law school experience hypothetically ranging from the forboding ~loom of fear and trembling to the brill~ant revelation of accomplished expertise In legal analysis and expression. Assuredly, this exaggerated level of excellence is seldom if ever attained after thre.e years, but few would deny that varyIng of proficiency in selected areas have been achieved by each of us. Each must determine for himself whether his potential has been realized .•• Yet to savor distinguished ~chievement is a self- indulgent exercise In complacency; and to languish in the abhorrent bane of mediocrity is a selfd~fea.ting exercise in resignation. The dIe IS not yet cast, but the future is fast becoming now.

JURIS - May, 1972

Nor Is it particularly useful to dwell upon the relative strengths and weaknesses of the law school community. The community itself is neither a microcosm of society nor a sequestered outpost of Academia. I suggest it Is a curious synthesis of both. It offers the inspiration and creativity of some gifted faculty members complemented by the practicalities and universal maxims governing human relationships . • . a study of people as well as the law. Its problems philosophies, and aspirations will continu~ to be critically re- evaluated by a conscientious faculty and involved segments of the student body. Duquesne will continue to become a superior institution. \Vith little more than a few weeks remaining, reflections should focus not only upon the degree of self-development attained, but also upon what has been imparted. Here again a considerable divergence exists. Some have contributed immeasurably to the advancement of legal publications. A fe\\' have been instrumental in the success of inter-university competition. Others worked tirelessly providing able and direction for the student body. They have all unselfishly given of themselves, and for this Duquesne is in their debt. Undoubtedly, their forthcoming compensation will be a hundred- fold.

Still others have concealed themselves in an aura of detached reticence (often construed as apathy). For them the role of beneficiary is more than that of' benefactor. But they need not despair, for restitution may yet be made . . . \Vhat one has done or failed to do here is now history. a single esisode in the phantasmagoria of life's great pageantry. Sallying forth to continue the sojourn. each will mount a vigorous steed and brandish a sharplyhoned lance. As windmills appear. it is the manner in which they are viewed rather than the credentials of the Knighterrant that will be remembered . • • ultimately, our future becomes the inescapable legacy each of us leaves behind.

Pompous profundities aside, it has been rather interesting to observe the diversified likes of Sunday morning Steins (er. I mean grinds). Hecklers, pretty boys, horses' behinds, Hoboken wild animals, fashion plates of the Polish Intelligentsia, Riddlers with the Golden Goose, Kennedyesque Grand Muftis, the uncompromising Fish. not so princely Prince Valiants, Cribari-weaned pseudostuds, and an aging, paunchy ex- athlete whose cynicism is only exceeded by an encyclopedic knowledge of little known yet unimportant facts, to na me just a few. I wish you all the very best.

By ERNEST A. PHilLIPS - continued on Page 18

Pa&e Eighteen

continued /Tom Page 17

In my fir s t year of law school I learned from Dean Davenport that there is no appreciable difference between Slippery Rock and Harvard, but after I'd EARNED my first D from Professor Murphy I began to wish that I'd gone to Harvard. The first Jewish friend I made at law school was a guy named Marty Z and our friendship continued on into my second year.

This was the time for organization. I joined a study group, That means that you let your friends do all the studying while you sit back and pick their brains.

Finals found me with my notorious yellow pad outlines which got me into my third year.

It's been a long haul. There have been three law school Christmas parties that, unfortunately, I remember little about; more reading than I'd care to do in a lifetime; a lot of frenzied booking for exams; and even a little football with the boys. As I reflect on the past three years I find that I have actually learned something. I know that I have learned a lot about the law, some about professional ethics, and a little about legal

TO DALLAS: Nice seeing you once in a while. Maybe you can even make it to graduation . • • that is if you don't have a handball game scheduled that day.

TO BIG \VIT: When you open your bar in the Valley. I'll be your first customer, provided the drinks are on the house.

Some chance of that.

TO ED DEVER)lA: Try eating your own lunch for a change.

philosophy. I have also learned something about my fellow students. And it is to those friends I've made that I'd like to say goodbye.

TO MY STUDY GROUP: Thanks, guys.

Without you I probably wouldn't be writing this.

TO SKIP MATTAS: May somebody buy you a lifetime subscription to Sports Illustrated.

TO ERNIE PHILLIPS: To save postage, Ernie, they'll be enclosing your :Medicare card in your diploma this year.

TO THE PRINCE: How about investing in a new pair of jeans, at least for graduation.

SO LONG. you are.

T\VIGGY:

You know who

In just a few weeks we'll be uating. Some of us will go on to school, others will migrate back home to find jobs or set up practices. With some luck and as few malpractice suits as possible we might make it. I'll miss all of these people and I might even miss law school now and then.

By PATRICK E. DOUGHERTY

Group legal Representation vs. Code of Professional Responsibility

By SANFORD P. GROSS THE OPPORTUNITY for the attorney to represent large groups of people through corporations, labor unions, trade and other associations presents difficult questions and far less than harmony of opinion. 1 In a series of cases, the United States Supreme Court has struck down, on Constitutional grounds, the standards of the profession which hampered methods of making legal counsel available to the mass of people in this country.

Starting with NAACP v. BUTTON 2 in 1963, the Court has steadily whittled away at the underpinnings of the various sections of the Code 3 by interpreting 1. See, Voorhees, GROUP LEGAL SERVICES AND THE PUBLIC INTEREST; 55 A,B.A.J. 534, (1969); The 1969 Report of the ASSOCiation, Special Committee on Availability of Leg~l Services, 2. National Association for the Advancement of Colored People v. Button, Attorney General of Virginia, 371 U,S. 415, 83 S. Ct. 328, herein cited as BUTTON. 3, American Bar Association, CODE OF PROFESSIONAL RESPONSIBILITIES: Sections: DR 2-103 CD), DR 2-104 (A) (2), DR 2-104 (A) (3), EC 5-1, EC 5-13, EC 5-21, EC 5-22, EC 5-23, EC 5-24, DR 5107 (B), DR 5-107 (C) (3) as applied to former Canon 35 of the American Bar Association CANONS OF PROFESSIONAL ETHICS; EC 1-5, DR 1-102 (A) (5), EC 3-1 through 3-9, DR 3-101 as applied to former Canon 47.

its many words in such a way as to meet and serve the modern and realistic needs of the public.

The following year, in BROTHERHOOD OF RAILROAD TRAIN~IEN v. VIRGINIA, 4 and three years later in UNITED MINE WORKERS OF AMERICA v. ILLINOIS. 5 the Court reaffirmed its position and cast the burden on the Bar Associations to show that the particular restrictions sought were. as alleged, ~ in the public interest." The Court held that the Constitution placed the burden on the Bar and that failing in that burden of proof. the activity sought to be enjoined would not only be authorized. but encouraged under the First and Fourteenth Amendments.

In its latest defense of group legal services, 6 the Court may have put to rest some of the more difficult questions raised in this area.

Robert W. Meserve, President- Elect 4. Brotherhood of Railroad Trainmen v, Virginia, Ex Rel. Virginia State Bar, 377 U,S. 1, 84 S, Ct. 1113, herein cited as TRAINMEN, 5. United Mine Workers of America v. Illinois State Bar ASSOCiation, 389 U,S. 217, 88 S, Ct. 353, herein cited as U.M.W. 6. United Transportation Union v. State Bar of Michigan, 410 U.S. 576, herein cited as UNITED TRANSPORT AT ION.

JURIS - May, 1972

of the American Bar Association has observed, "In a long line of cases culminating with United Transportation Union v. state Bar of Michigan . • . the United States Supreme Court has ruled that these group arrangements are protected under the First Amendment to the Constitution.·' 7 While it is clear that in accordance with the first clause of the second paragraph of the original Canon 35, 8 "A lawyer may accept employment from any organization, such as an association, club or trade organization, to render legal services in any matter in which the organization. as an entity is interested.'" the latter part of that proposition had raised severe problems. " but this employment should not include the rendering of legal services to the members of such an organization in respect to their individual affairs."

Canon 47 9 stated: "No lawyer shall permit his professional services, or his name. to be used in aid of, or to make possible, the unauthorized practice of law by any lay agency, personal or corporate.'"

It appeared from this, that the rendition - continued on Page 19

7. OUR FORGOTTEN CLIENT: THE AVERAGE AMERICAN, 57 A.B.A.J. 1094, (1971).

8, CANONS OF PIWFESSIONAL ETHICS, Op. Cit.

9. mID.

Page Nineteen

- continued from Oage 18

of services to employees of a corporation or association, in respect to their individual affairs. if paid for by the corporation or association, would have come in direct conflict with the prohibition of the Canons, or so held the American Bar Association. 10 This would be true even though there is no conflict of interest between the client and the corporation or association, and even though the reason and occasion for the service is the genuine interest of the organization in seeing that it is performed for the employee.

The combined impact of Canon 35 and 47 had for too long denied much needed legal services to large groups of people.

The original American Bar Association CODE OF PROFESSIONAL ETHICS was rewritten as the American Bar Association CODE OF PROFESSIONAL RESPONSIBILITIES, and reflects a more liberal and realistic view of the legal profession and the duties and limits imposed upon its members. The simple, forthright language of the predecessor was not, however, reflected in the progency, and awaited interpretation.

In BUTTON the Court was faced -with the problem of interpreting a statute which upon its face abridged the rights guaranteed the First Amendment. The Court there held that the NAAC P did have an interest in defeating the discriminatory practices which prevailed.

They then went on to consider the question: Was this the practice of la\v by laymen?

(The unauthorized practice of law as proscribed by the Canons). The Court noted that regulations, such as the type sought to be imposed are generally aimed at those who stand to gain privately, without gain to the public from thp litigation at hand. anel in the final analysis grounded its holding on the First and Fourteenth Amendments.

and he represented its members thereafter. 11 The Court was concerned with the possibility of Union influences and control being exerted upon the attorney and thereby subverting the individual claimants interest. The Court again utilized the First and Fourteenth Amendments and found an unconstitutional invasion of the rights of petition and assembly.

introduced, are now and the dire predictions made about them have proved 13 The real argument against this type of "social improvement" as presented certain members of Bar is the fear that a system of this type will result in the loss of income to some practitioners with a resulting concentration of services in the hands of a few.

Finally, in UNITED TRANSPORTATION the Court goes all the way. Although dictum, the Court makes its position clear. It forecasts the future. In broad and sweeping language it reaffirms its earlier holdings. "In the context of this case we deal with a cooperative union of workers seeking to assist its members 1'1 effectively asserting claims under the FELA. But the principle here involved cannot be limited to the facts of this case. At issue is the basic right to group legal action, a right first asserted in this Court by an association of Negroes seeking the protection of freedoms guaranteed by the Constitution. The thread running through our decisions in NAA C P v.

Button. Trainmen and United Mine \Vorkers is that collective activity undertaken to obtain meaningful access to the courts is a fundamental right within the protection of the First Amendment. However. that right would be a hollow promise if courts deny associations of workers or others the means of enabling their members to meet the costs of legal representation." 12

The original Canons the cases decided thereunder failed to realize that in the true sense of "public interest." group services should be made available to everyone. The \\hole trend is in that direction. 14 If the general principle, as applied to health insurance. is applied to vices, it would materially 10\ver and effectively the cost of legal over a larger number of people; people who are in need of that This would enable those, here-to-fore unable to afford counsel because of their financial position. the "luxury" of a lawyer.

It is indeed difficult to see how those who would curtail the efforts of group legal services will be able to make use of the existing Code as a means of proscribing group activity in light of the Courts in this area.

There would seem to be a great deal to be s aid in fa vor of the propriety, as well as the wisdom. of permitting ::1 corporation to furnish. as part of the benefits of employment, serto its employees; especially where this is for the benefit of the corporation.

This argument is particularly forceful in the case of corporations \vhose direct interest, as an tmtity, is to see to it that their employees are kept free of entanglements and difficulties. This could ruost easily be analogized to the medical and health benefits offered as part of the employment "package" offered by corporations and their interest in maintaining the health of their employees as a means of furthering the corporate goal.

In THAINlVIEN. another Virginia case. the state sought to enjoin the linion from carrying on activities which it viewed as the solicitation of legal business and the unauthorized practice of law. The Court found neighter "com mercializ a tion" nor ambulance- Chasing" present, and again, using the First and Fourteenth Amendments, upheld the Cnions right to aid its members in gaining access to the courts.

In U.lVI. W. the Court was faced with a slightly different problem. There the Union paid a regular to an attorney and

As one author has said, "Group services are in the public interest and the profession should recognize this fact.

Other group services, which were resisted by other professions when they were

10. 36 A.B.A.J. 677, (1950); A.B.A. Ops. 3, 31, 35, 41, 56 and 98; A.B.A. Inf. Ops. 317 319 469 970. ' , , 11. 36 A.B.A.J. 677, Op. Cit.

12. United Transportation Union, Op. Cit. at 579.

13. Voorhees, Op. Cit. 14. Report of the American Bar Association Committee on Prepaid Legal Services: "The Shreveport and Los Angeles Plans."

路f

111111111111111111111111111111111111111111111111111111i

LUlf)

Reviel.('

Recently the Board of Editors of the Law Review chose their successors for volumn XI 1972- 73. In addition to these individuals the new board will be choosing associate editors and possibly a production editor to assist them in the coming year. The follOWing are the new editors: Joy Flowers Conti, editor- in- chief, Janice I. Gambino, article editor; Thomas Koza, book review editor; Thomas C. Black. comment editor; Jack Wall, managing editor and Karen Jacqueline Bernat, recent decisions editor.

JURIS Congratulates All Seniors. Cheer Up. The Worst Is Yet To COIJle! JURIS - May, 1972

Page Twenty

NOTICE •.. To All Recipients of JURIS JURIS, an ABA-LSD nationwide award winning newspaper, is circulated to every alumnus of the Duquesne University School of Law. Additionally, the publication is received, without subscription, by major law firms, law schools, and law libraries throughout the country.

Every summer we update our mailing lists to facilitate and insure that the requisite number of copies are printed for the first issue in the fall.

If you are not now receiving your copy of JlJRIS, or you would like to be added to our permanent mailing list, please send your requests to: Alumni Affairs Editor c/o JlJRIS 600 Forbes Ave. Pittsburgh, Pa. 15219 Arrangements with other law school newspapers are made on an exchang;e basis.

Family and friends of Duquesne Law School alumni are invited to send announcements concerning our alumni, for publication in this column, to the Alumni Affairs Editor at the address listed above.

L '63 - SAMCEL P. KAMIN ... "I always wanted to he a lawyer." That is what young, aggressive, solo practitioner Sam Kamin said, and he must have meant it.

After attending the University of Pittsburgh where he earnerl his undergrarluatp de g r e e, Sam serverl some time in the military. In fad he was forced to start his erlucation a month late due to the militarv. Reflecting on grarluation he noted, graduating class was a total of twelve people; thin2:s have really changed."

Sam approaches the law in two ways: from the "theoretical" where he noted, "I would like to have the opportunity to help people with their problems" and from the "practical" where he commented, "In my practke the emphasis is on real propertv and eminent domain proceedings."

"It is imperative for the young lawyer, starting out today, to find an area of specialiZation. The general practir'e of law is too vast for one person to be able to !',ive deep personal attention to every area. " He is presently active as the President of the Duquesne University School of Law Alumni Association, a memher of the American, State and County Bar ASSOCiations, for whom he has lectured on the subJect of Eminent Domain and is presently Program Chairman of the Real Estate Section of the AlleE;heny County Bar Association. Additionall v he is an Assistant Solicitor for Allegheny Count):, Special Couns(?l to the Plttshun\,h Board af Education on matters of eminent domain, a member of the Board of Directors and Chairman of the Committee for the Jewish Home for the Aged, a member of the faculty at the Cniversity of PittsburfTh School of General Studies where he teaches Re~l Estate Law and Conveyancing, Director of thE' School for Tax Assessors of Allegheny County whkh is jointly sponsored by the City of Pittsburgh, Duquesne University and the Society of Real Estate Appraisers, and is a member of the American Institute of Real Estate Appraisers.

With all of these activities, Sam still finds time to ski once in a while and to pursue one of his favorite pastimes Magie. He is an active member of the International Brotherhood of Magicians.

Sam is associated with Edward 1. Goldberg and one of his classmates Georl2;e H. Hoffman (L '63~ with offices in the Law and' Finance Buildi'ng. H~ resides with his wife Joan and his son, Joshua Max, age two, in the Point Breeze section of the City.

"My

Al umni Record L '33 - DANE CRITCHFIELD • . • Born and raised in the Knoxville section of Pittsburgh, Mr. Critchfield first attended the t'niversity of Pittsburgh. He is a we 11 known ' figure around the Courthouse, more particularly in the Domestic Relations Division. This area of the law accounts for 99°: of his practice.

Originally studying to become a C. P. A., Dane switched his enrollment at Pitt ~ Pre-Law.Herecognized that he enjoyed an interaction and association with people and felt that the law would give him mere of this than aecounting, From 1928 until t 931 he was associated with the late Judge Thomas M. Marshall III and since that time has been a solo practitioner. His newly appointed offices are in the Lawyer's Building.

1\1r. Critchfield as well known in another area beside the law. Since age "10 or 12" he has been an avid tennis player. He plays almost dail)', winter and summer, and in fact tries to plan his vacations to include some of the better tennis courts around the world.

Now a resident of the Greentree area, where he is Seeretary of the Civil Senire Commission and President of the Commercial Savings and Loan, Mr. CritchfIeld recalls that he was one of the original members of the Family Law Section of both the American and State Bar Associations. He is presently an active memb!:'r of the American, State and County Bar Associations. He is also a Fe llow of the American Academy of Matrimonial Lawyers.

Recalling some of the more notable cases he has handled over the years, he specifically refered to "a case~ whirh lasted a period of over ten years and finally had to be decided in the Supreme Court of the United States. This particular case was fraught with multi-state problems and r.onflicts, and as he said, "It was one of my most memorahle cases."

"I have always enjoyed helping people, especially whE'n thE'Y really need help. This is not marriage COUnselling. People really need qualified help in this area. Professionals are deve loping specialties, everyone is aware of this, so if you are not interested in a particular type of case, don't take the first one - you become cast after that.·

Juris

Duquesne University School of law 600 Forbes Avenue

by Sanford P. Gross

L '66 IRVING M. PORTNOY ... After ing his undergraduate work at the Pittsburgh, Irv attended the School of Law. He looks back, with rather fond memories, at his days in Rockwell Hall. While attending s c h 001, Irv served a,s Vice-Justice of P.A.D. and noted that he is still active in the Alumni.

He was a finalist in Appe Hate Argument, winning in the New Jersey-pennsylvania Regionals, only to lose in the National Finals at New York. He was Editor-tn-Chief of the Law Review and finished first in his class of twenty-five, He noted that his favorite subjects were Torts and Constitutional Law. "I never wanted to do anything else, earliest recollections are of interested in the law. education. No matter how The law is a day to long you do one thing, or how often you do you continue to learn something new."

Presently, his greatest interest is in thE: area of Products Liability. He finds himself knowledge and expertise in seve,!'al areas of the law in attempting to understand the Chemistry and engineprim: seem to Irv fee Is that a law student should while in srhoo1. and every area of the law You nevpr know When you are out of school and prarticing what you want to until you try it In this way you can have some familiarity with each area."

His first poSition after graduation was with the CommiSSion, as a staff Atomic in the State of Washington. After eighteen months he cam", "back home" anc! IK'came associatefi with trial firms. In 1'}63 he one of the City's joined thE' firm of Litman, utman, Harris (P.A.) where he is a principa.l. It is a firm, handling all types of lit.igation with on Negligence.

He is a member of the State and County Bar Associations, American Trial Trial western Penna~ Cbapter L.A., The Ameri<:an Judicature Society and is a member of the faculty at Robert Morris where he teaches Business Law, Irv, his wife Eleanor, and their hvo children Brian, age two and one-half and Scheryl, almost one, reside in Upper S1. Clair.

Irv tr ies to play tennis as often as and out. he and Eleanor have made a hobby of In fact their varations and travel' center around those places which offer the hest restaurants and a variety of crisine.

Non Proht Organrz.ahon

U S POSTAGE

PAID Pittsburgh, Pl. Permit :\0. 3'10

Pittsburgh, Pennsylvania 15219

POSTAGE REQUlliIED FOR THIS "' ...1 LING IiIATTER

JURIS

May, 1972