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March.1980
_ Kolvenbach , _ The gradl!_ating-editors of EQUITAS convened on Friday, March 14, to-choose the new e~ito:W ~ard. selections were made after ea~h· candidate went through an extens1v:emterv1ew before the present--board _ · Dorothy Zeman,_ class of 1982; the newly elected Editor-fu.£hief looks forward to taking on her new responsibilities: One of, her main concerns is, ;'the need fo}, more ~vestigative reporting of law scliooland law related issues." Laurie Chisolm, the new Managing Editor, hopes to.increase the size and qriality of the staff by encouragmg all. interested students to join EQU ITAS. ·· · Tlie graduating editors would like to congratulate the follo~g new editors:
Dorothy Zeman Editor-in-Chief
Michael Coneys
Laurie Chisolm ·
MarkCOn~d · News Editoi:
senior Editor
. Managing Editor
_Celeste Miller
Linda D. Crawford
Diane COH>o _
Copy Editor
Production Edito·r
Features Editor ·
Howard Schwartz Business Manager·
Ma!i< AStarita
1ra'Abei
Adve!lising Editor
Photography Editor
· Leetures _I IL$.
by William Holm Wor~er Democracy . On Thursday, February 28, the InterIn the half hour.during which Dr. Kol-. national Law SocietJ; hosted its first gtie§t venbach addressed the Society memberspeaker event of the semester. Presenting ship, he gave a broad overview of the conthe lecture was Dr: Wal~er Kolvenbach, cept of_ worker democracysin corporate General Counsel of Henkel, K.g.A.A:, one management. This ranged from the deof the largest West German chemical man- - velopment of trade unions in the latter part u~actur~rs., Henkel, a multinational com- of the 19t_h century to the full participation
_P~~y with gross annual sales exceeding 4.~ billion dollars, has undertaken substantial ~cquisit:_ions in the United States chemical mdustry. , Dr. Kolvenbach earned his law egree from the University of'Cofogne-and his.final degree gaining admission to the German bar from the UI1:iversity of Frankfurt in 1951. He _joined the leg~ department at Hekel ·shortly thereafter and became a specialist _in foreign law and licensing -agreements. Dr. Kolvenbach became general manager ofUenkel's entire foreign op. erati~n before rejoining the legal department as General Counsel in ·1970. He is an expert in corporate-legaldepart_ments and workerparticipation in company manage-" ment, having published sevefal Books in · .those fields.
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in decision-making at the board level by representatives· from the work force. The legislation in much of Western' Europe mandating worker participation on the boardofdirectors of companies employing more than a certain' amount· of workers coincides with the emerging theory that . management is responsible not only to the shareholders of a. corporation, but to its laborers as well. . · Dr. Kolvenbach outlinecithe progress made by· labor from the advent of works councils ar~und the turn of the century with elected representatives to present grievances and claim certain rights ofinformation (i.e., with respect to personnel), to the. Co-determination Act of Weste~ Germany, passe_d in 1976, which provides that 50%ofthe Board of Directors of major
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b~~~t:~:~~~n~f:roi:~e~~ corporate management by the monied elite by Ronny Green · has been obviated in much of Western The team of Paul Gajewski, Richard· Europe through similar co-determination MacLean and EQUITAS Senior Ecfitgr-j statutes.Wotkershaveseentheirpowerto Scott Batterman has won the first animal influencecorporate policy expand from de-·· National Administrative Law Moot Court cision making at the shop . floor to full, Competition, defeatinga team-fromUC~A · participation-on the board of directors. For Law School in the finals. The victory was the last several decades the fields of labor. all the more satisfyirig because the only law .and corporate law have been merging defeat the NYLS te_am suffered in the enat an increasing rate in Western Europe tire competition came in a preliminary and are now, indeed, inseparable. round at the hands of that same UCLA Morale and Profits Kolv~n6ach's lecture was followed ·by 'Jihe ·competition; hosted by the Unia· 30 minute question-and-answer period ·wersity of Dayton Law School, pitted elevdurmg which he indicated that although en'teams from allover the country against -~- profitability studies have-been undertaken each other. The problem case for the com~ -~ to determine the effect of worker participa- · · - ~titiofi dealt-with the standard of review :;:i - tion, their results are inconclusive. Koland the requir(:!ment of a cost-benefit anal: 3 ·. venbach pointed particularly to- the imysis m.· the little-litigated Food Additives _portant factor of employee morale (or lack . Amendment of 1958. The calibre of ques~ · MacLean, Batterman ana Gajewski \\'ith awanl of strikes) on profitability. In response to a tioning from the bench clearly i;eached its ·The· team,· which nickfiamed itself the semi-final argument agl!inst Florida question on whether worker participation .zenith in the fjnals, - where the bench was "The Pros from Dover,'' a reference from . State University was conducted by ]1atter- might be responsible .for the recent flow of - composeu _of Peter Barton ·Hutt, former the movie M* A *S*H, had been working on man and Paul Gajewski~ who is Chairman . capital from Western Europefo the United -General Counsel to the Food and Drug Ad- t_he competition since early January, when of the Moot Court Board. MacLean's turn State_s (e.g., Henkel's acquisitions) Kolministration, "and the Ieaoing authority on they begiin researchingthe bri~f. AJ'terthe ·came next, as he and Batterman then con- venbach indicated that the Russian~threat Food .Additive -regulation; Professor· Ed- briefs came in,. the team conducted four qucted the final argument against. UCLA. was ipore directly responsible. ward Ziegler of !he University of. Dayton practice rounds; with students and profesWhen asked their impressions- of the The event concluded with a wine ana .· · Law School, who help·ed-prepare the_ prob~ sors s1:!rving as practice round judges. The . competition, all . the ('.Ompetitors agreed . cheese receptionwh_ere studentswere.able Iem: and Jerre Williams_, Presiden.t of the team expressed its gratitucfe to Hon..Judge . that the hardest part of the. com~tition_ to meet Dr. \Kolvenbach informally. Dr. Association of American Law Schools and Di Fede, Professors Sullivan, Scherer came. during thm~e arguments when a team . Kolvenbach is the author of a major article foriner head of the AHA ::lecfion on Ad- and Butein, and Moot Court Board_ Melli- -d1ember was not ariumg. As Gajewski de- on WorkerDen:iocracy in Western Europe ministrative Ljtw. . . . hers Richard Jasper, Paul Capofari, James . scribed it, "It's a feeling of helplessness, to be published in the forthcoming edition . r;r'he corµpetit_ion e~tends; over two, Flannagan and David Pollack; for· their as- knowing that the entii-e matter is-out of of the International Laiv Society days; . aI!d iS unique that ·it provides for . -sistance in preparation.. . . your control:" . . ' . Journal. fmmpreliniinary arguments., instead oftlje -"From-the beiinning, we felt it would, Irollic3.ny, the, greatest mQinents of The Speaker Committee of the Inter"Qsual two. As a result, the- teams in the come down to-UCLA and us,,,-said Richard nervousness for .the winning ·team ~e national Law Society has other events iiiiah! ftati"conducted s~ arguments in.two MaeL~an. In"'fact,the UCLA brief, written after ·the preliminary rounds,· as th~y scheduled for the Spring semester: Watch ,.. da-y,;s, making 'it in t--he words - of Seott Bat- -foFcfespondeu.t, was used by the_ team to . waited --to find out if -th!'!Y had, eve.n the bulletin boards for future announce~ rman,-"sortiething of a marathdn - a8 prepare .tbe practice round judges. Mac . advanced as far as the semi-finals. After ments,conceihing these events and other tnuchanendurancetestasariythingelse." Lean cotild ohly sit nervously,-though, a~ · · , · ,(pleaseturntoprU,:Jeseven)_ Societyfilnctionsplanned: ,
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