New York Law School Equitas, vol. X, no. 1, September 1978 by New York Law School Library

EQUITAS

Consumer Center S~eks Alumni Aia _

The NYLS Consumer Center of Lower · ~ Manhattan plans to institute a new program o which will unite students ~ . and alumni in - a -. ~ cooperative effort to help consumers unable .-· to affo'rdlegafservices,- · · _ _ The Cent§[ plans to compile a Iist o{ _alumni willing to donate their time to handle· cases that requirelegal action. While able to - "help most clients-resolve-their complaints; - occasionally students encounter a problem · in-which'they can do no more than~sugg~st ,)~at:~he_ client -$eek_ tlie services of an a~torney; ironicallyzthose contacting the Cen- _ -ter do so precisely because,they _cannot afi:Qll lTAS copy-editor Linda Kennett ford-an attorney. · · _ · - - · - · "'- . ~ Rawson, daughter of Mr. and Mrs: Ken.,, Can'?n Two of the Co~eof Professional' nett Longley. Rawson of New -York; was Responsibility: of the New York State Bar - __ married, during the summer vacatiOn, to A~sociationstates, "The-basicresponsibility , Edward Winslow Porter.' , ·for providing-legalservicesforthose unable · - The_ bride attended the Spence School topay ultifµately~-restsupon the individ_uaI a11d was graduated cum laude from Abbot - Professor Rortald H. - Ma_udsley has lawyer." The Center's staffers, faced with Academy and Harvard University. She is a been invited PY tlle_'Americarr.Law Insti- clients who donotqualifyfor Iegal aid, yet third year day student at the. New York ~ftite to join the Advisory Committee on the are unable to afford a lawyer, hope to find. - - Iraw School." Her father is president and Restatement of Property. _ -~- __the solution,to-thisproblem'inthisoduty-Cif".- -herinothe1\ Eleanor-s~~Rawsorr;:exe~titive- -----I?t'Of"'·Malfctsfey·:·wasal;o h~~red by the legal profession to make cotinsel avail-,> vice 'president.ofRawscn Associates Pu9-- the University of San Diego School of Law able to all. .., lishers Inc., book publishers. at lits 1978 Commencement Exercises. Tile It is the expectation of the Centerthat ' U.S. D. School ~fi'aw, at which Maudsley this program will benefit client, student 51ncl S'.I'UDENTS teaches- during the spring semester, attorf.iey-;~thestudent-willhavethec}:ianceto 'Elevator', service on the rear _ awarded him an Honorary Doctor of Laws -witness the course of action and resolution - freight elevator is now a~ailable degree. The Citation praised .him-as an of-a complaint with whi~heis.familiar, - _during-peak class periods.. Access· "outstandil}g_leg~l scholar and educator," while the attorneywho volunteers 91~ time to 'the elevator+is through the; and stated that "his coti_rse;are c~ntinually will hav_e the advanfuge of hayin_ga. law - - eager for a student to_ help with the back_ground re; Charles Froessel Libra'"" , . . oYersubscribed by:_stud_ents ""' onthe· EQUJTAS alSo extends congratulll.-_:chance tQ learn from a master." Up0n r'e- search and details"-of the-case, while·p~r" first floor. - -~ .-, . . ions to· third year &.tudent Lieutenflll't'ce_ipt of His cifation, the graduating class forming a much needed service. ~ Sfodents are urged to use~ J1,1.nio,r Grade W_jlliam:J. Glasser,_who.was g<-ive proof of that last statement, by ac- Scott Batterman ': ··this eievator. · - recently awartled· the Armed Forres 'll~ coi·ding him a standing ovation. · · __: s~nve"Medal for_ "ten years -of honorable . : ---~ · '-. - · ·active ind" inactive duty in the United - States Naval Resei:v-e."Lt. Glasser is.at~ tending N:YLS under the Navy Judge Ad=-"vocate Gerier.J·Corps Student Program: to _ anCI is presently,assignedas Legal AdminiOur_R'!-sh Party! stration Officer at the Nayal Support Activity in B!looklyn. 47WorthSt. - ., Glassei-'s- other honors include the st Floor Lounge e LAW C~SSETTES Naval Reserve Meritorious Service Medal with Bi:onze Star, the. Nationai Defense Service Mec!aiand' Navy Chif!{of I_nfor-. •- TEXTBOOKs-:·· RESTATEMENTS-_ mation . Merit Award - for Exemplary Free Beer, Wine and Munchi~s _ Achievement in Sj)ecialjournalism-:-~ e, REVIEW BOOKS DJ¢TIONARIES ' . - · - , : • - -Scotf'B~tterman ,.1' -

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·Aliso~ Greene.,Class oq978

' Alison E. Greene, '78, former Technical EtlitorofEQUlTAS,has.been appoint_edto ' / the'post of Legislative and Public Affiirs~ Assistant .of the Na ional _Foundation (Mdrch of Dimes). Based.in the Washing-':. ton n.c. Office, she will concentrate on · · fede~l legislation and prografns which af-. L~ ,\ f~~t the objectives of the Nlitional F_ou_n~~~ Jion. She formerly served as a leg:isla!;ve· assistant to Congressman George Miller of . California as personal and research assis-

tant. to Hugh Jenkins, Member of Parlianient arnl Minister' For The Arts in England. Alisonreeeiv'ea-h-erJ:D.·Degreefrom NYLS this past Jurie and has taken the examiniatiofi for admission to the Bar in the. District of .Columbia, -She spent her _ third-year as a guest law student at Ameri->. can ~ni_versjt)'. 'ashington, D. C. and was certified to practice law under thp ·D.C. Student .Practice Rule and· represented clients through the Civil Process Clinic. !>-_w_ -

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by Scott Batterman t Tltls colw1111 11Jil[ appear-?lt01ttltly, in mi attempt todeal w"itft twa jJTOblems; t(J(J· 11uw11 .<fiudents wriit.until their last year, or even until aftertl~arE:rm'.t, bejore they start job-J11piti11g-;otlters,'s.lil/..w wmild like to get an early start, a.re 11;ot s-tirewhat to do, ana dlnl't liaoe time to take part in the Placemeiu. Office'!} pr()ghn!is. Hopefully, tliis colunm. will se.rve to mot hiate iheformer and inf0nn the latter, .. . The)irst cohcnm deal :with interview techniques, Subjfct.~ such as career pf <t n 11i11g -<ll:id .(lSSessment atld }ob, hu1tUng stmtegies will ~- covered ili the months nlreacl.'J . ., ~ · ' , . · '· • . . ··'~ · · - ~- s : ~

firm. Ask ~ha.tyQurautles will be, whether you will have a chance to go into court; if only

as an observer. Inquire into past experience as to advancement in the firm. (Save the questions ~oout money until the end of the interview.jv, · . ' · · . The key thing is to sell yourself. Dwell on your strengths, but-know your weaknesses and be able towork around them. Make them remember you for your drive, your· energy .and your ability. Do not put yourself down, ever; modesty i's novirtue in a job interview. . A.fter the interview, follow up. Write letters. to all the people who talked to you; , thanking them for their time e ; A week or so after that, call back and askif the job is still 0 • ·..;: available;)ndic~te your continued interest; and - ask if they received yourletters' . · .,.·_ ,.,. __ _ "Next to your resume, the in r.view·is the key," advisesVera Sullivan, NYLS lfyollhavemorequestions,coritactthePlacementOffice.AnappointmeritwithVera J ~ --._ ' --•, -;!• , • · · Placement Director. The· tips that f9llow wer_e gleaned from a eonversation.EQUITAS'. -. · . · had with Mrs. Sullivan, and from material available in the Gar~r Counseling & Place,. ' ment Office. . ·. ; .. · . -~ . > · . , · ···~· · . . . ~.. . · . The most.important tf.iing is pr.eparation. ~ow wha.t io1f~going to s·ay; the -< . ~ .questions start, espeCially the difficult ones. Kn6w what question~ you Wl.n a8k, wHen the ,. \, time come!l, er if the intervie~ hits a silent ~pot. Above all, know as much as youcan'abou't . • ~ the]aw firm/c6rporanjon/.ag~ncy that is interviewing you. . _ - . ..' · - Where do you get that laSt1)iece of in.formation? Sfart aj_th Martinqalec Hutlbell:"Ask · rnru@~~ urnruf?)©~@rru~ Mends, co7workers·,~classmales, and especially profe~ors. If you're interviewing with a . ~orporatior( get copy of their annual report. If you know someone with. a relationship \\·ith the organization you are going to see; so much the better·. You mighfevenhave them call ahead and put in a good word' for you.·(Never be a'fraidof using co~tacts- everybody_ , wlfocari, does.)'· · " ' · · _' .· · . . · · · ' - • · ;-.;.. · ·Before the inter-view ,.think abol!ll the questions' likely to be a8ked. The-interviewer ' - ·may play games with you - be prepared. -Expect to be asked: Why did you go to NY.LS?- · Briefly, what can you do for our firm? What are your abilities and experiences, that we · - shQµl<i hire' you? Why do~you waht to·work for our firni? What do you kn-owabOut us?Where do you see yours~lfinfive/ten/twenty years?.Have gOod,-positiYe answer~ worked out in advance - practice them with a friend, if:necessary' to)build confidence.~ Some ''challenging" and often illegal questl(!ns.women might expect to be asked, reg~r.dless ofwhethertliey arefairornot,:are: Are ydu planrungafamily? Are you on the"'· , _ . . . .. Pill? What if you do gef pregf!ant:?'Do you th!~k Y2.uj:anmanage a family and a career at . Sullivan can be made frorp 10-&, M~nday, Wednesday and Friday. Tuesday and Thursday the same time? Won't an attractive woman m the office be adistraction?ll'hese questions she has a walk~in hohr from 11-12. nd fro1n 9-10 A.M., Monday through Friday, she can cannotalwa~s.oe avoitled, .so have prep~ed in your mind ~forehand what you are going . be reached ·on the phone. The. Place~er:it Office assista9't, Kukla Brqek1!11in, h~ office . to say. A g~od answeris illways'to r~mind the intendewer what you have accomplished in ·hours from 11-4, Monday and Friday. ~eeial hours for evening students only, are from . . Ia\i.· scnool. Remember, l\'hetlier you're a~ma:n or a woman, don't get flustered, or ahgry, 5-7, Monday and.Tuesday. . · .. . . . . · . . t . · · · and it:pos!>il:Jl~ try to maintain your sense of humor. ·. , . · ·- . , · ltq excellJ!nt source fotinformation, from job searching to re~umes to interviewing, · - Another point_: ask questions. You're sii.oppingareund as much~ tile interviewer· is a booklet prepared by David Byle, NYLS 198Land -the Place~ent Qffice, entitled._ is, and it shows yoJl are interested. Also, there may be a silence, deliberate 01:not, and it's . "Steps to a ·Suceessful Job· Hunt." Other sources: Sweaty Palms~ The Neglected Art; Of . especially: good to i}a~e 'questions prepared for those tim~s.' Suggestions: Ask how· Being Inte..Viewed; R. A~ton Medl~y, _Lifetime Lear~ing ?ublications; What Color is associates are-trained, Jiow much_contact you'Il -have with clients ol'. senior members.of the Your Paracfillte?, Richard N. Bolles, Ten Speed Press. ~ ., .

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··According to the NY Times,.· NYC by John Durst firms are. growing at a steadi, if not specIf last year's plac~e~ effortS_ by NYLS . tacular rate. As the firms grow, ·so do the are any inQicatioi1, it can be;I-easonably ' salaries,· with top firms offering three estimatea that ninety. ~rcent of tl:ie '78 . time~. what they offered a decade ago. _graduates will be working.in legal positio9s' .· Thes_e 'large firms count on' an average anwithin nine.months ofgraduatiop. ' . nual gross income of $150,.000 pet la\Vyer . It may take some NYLS grad~ates . for. tlieir $28,000 salary investment, thus. !anger fo find jobs than their.Ivy League few senior partneFs~are-earning less than counterparts, buC ~rn. predictions of.in$100,000 per year. But only about 500 of, . adequate_ job opportunities did not effect the nation's 3'2,000 graduates can hope to· · lasfyear's class: and Ve_raSullivan, I>jreet--land positions on Wall Street.' "People tend . or of Career Counseling and. Piaceme~t " to think they want the prestige of the large' - Sel'.Vices at NYLS,-- says ·the outlook· ap- .. . ..-firms," says Mrs. Sullivan, '!but not every-. ~ars even. better for this year's J :D. 's. , one Is:willing to :work the 100 hours a week · sevehty-severi percent of the '77. cliSs .· . tfiat is _necessary to gain that prestige. It is ·.· respqnded to six surveys eonductedby the, not Without. cost to a person's lifestyle, ;:,- placement- office last year; and of the 180 lei~ure. and personal life." who responded,. 168 _wJ;!re woz'.'iong~ in.legal positions•at an.average salary of $17,729 .. TWe~ve were unemployed, and 69. didn't _ - .-. , . .. · · Law schools· around the natfon gradurespond. _ _, . ,. Office e~pects'to.make further ill!oads into~ ate 32,000 annually, but the Bureau of LaTl1e i~tial swv~y_s'ofthe '7~ graduates the large New York firms with the help of b.ot. Statistics claims that only 20,000 legal - ~n't'be in &ptember,·but Mrs. ·Sul~ · -rPlac_ement Consultant ·Francis' Fried~· positions will open annually through l985. lifan' says that so. far top stµdents have, man, Esq.,: \\;ho has ruready· schedllled .. -Yetthere are·obViously enormous areas of accepted jobs in-firms that- t~ditionally thirteen major· New ,York firms to 'inter- ·legal needs that are notmet at all: ''People - ired exclJJsively from·~ight or t~n select~ view ·on campli~ tl)is Fall. Though :Mrs .. ·. use numbers to justify their not going out Ivy League law. s~chools. Stqdents have~ Sulli~an downplays Jh~ significance ofon- . 'and fooking for a job. I haye to say over and . accepted jobs with, for instance, Cadwal~· campus recniiti11g for the majority-of'stuovei:.again that anyone who wants to get a .ader Wickeriiham &· Taft;· !\fudge ,Rose; dents, she \ioes say that there has beeiu~n · ·job can get a joQ," says Mrs. Sullivan. She ~. Guthrie & Alexander; Pr~skauer Rose · increase _in the nwriber' Qffirms .applying t~. apd her administrative. as~istant, Kukla Goetz & Mendels~hn; . Wa¢htell- Lipton . . inter\riew. OJI ~pus ... ''We're completely \ Broekmafi, develOQ~cl and posted an aver_Rosen &-~tz; Weil GotshaI & l\!anges;and bOoked for &pte.mber October. The age of60 job oraers a.month last year':· . Hawkins Delafield & Wood, an.d ar~ eani- o'rily available time left for on •campus re- ·: Mrs. Sullivan stresses that cl~s rank ·ingSalafies up ta$28,000. Th~'Placementi.c cruitlngistltemonth.qfNovember." · · is not the determinative factor iri finding . I ,. "" ~ ~... .

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the right job. "People don't have trouble finding jobs because thefre'not in the .top of their (!lass,· people have trouble finding jobs because their job searcn strategy is not started early enough.--lt shouldn't start the latter piu-t of the third year." She adds that if you're not persistent, you don't get a . job. "You'll get more nos than yeses, what-. ever you do. Sometiines people's expecta-· tions_ are. unrealistic. Jf you don't accept a- . job because it only pays $14,000, or you do take it but say 'ah, but it's not a very good job,' that's just not the right attitude. you'll· learn more on the job than out ·pounding the-pavement looking for one ari~ having yo~ego sapped .. If you believe you can do something with a job, you: can grow with that job and make it anything you .. want it to be." , The class of '78 J~D.'s had the assistance·of.the faculty placement committe.e, composed of Profs. Schain, Kleiner and Pes_sen. F:rof. Pessen provided job oppor. tunitieito' students,~Prof. Schain brought a niunber~of ','Big· Eight" CPA firms to the _school to .interview, and _Prof. Kleiner's friend Judge Ryp provided inside information on 200 oi)enings in the civil and criminal ·court systems. Mrs. Sullivan says th~t lots of stu<l_ents ,found jobs from these efc forts. "I get a tremendous az:nount of input from lots of different sources in the NYLS commurµty."

What argu~e~t~ can possibly be Jnade: to ju~tifythis decision? Besides teaching a Âˇ

. EQUITAS

_Faculty: Forum

Page.7

BARZ:BRI. - _

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Plea Bargaining; An :-Analy~is~·- . E;ARLY·-~NROlLMEN1· DISGOUN1 .

. By Prof. Bostjan·Zupancic ~ -, andJohnBarth

ave 100·

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Plea tiargaining is generally cohdemned because it is unjust. Critics charge that bargaining' subordinates the search _for truth to the. logistics of relieving the burden on overcrowded courts; and they assert that the laws and their protections are used as chips. in a game oflegal poker, a game whose. stpkes are conviction 'or acquittal-Of a crime with which the defendant is no'r even ,Charged. Therefore, the critics say, a mortal stroke is· directed to the very heart of justice because the bargained ·punishment does not fit the charged crime, . . 1 · ~ The-injustice argument is valid only ifwe assume that the ordinary criminal process is I substantially fairer for the individual defendant- But if we examine criminal law as a. system ofindividualjustice, this Basic assumption does not stand up. ·: · . . 'The law requiresthata decision be made . · based 011 the facts the legislature deemed essential when it defined a given crime. ju~ge -m~st decide gwlt.or innocence only i~te!"'Ils. of these legal criteria. Any facts that do pot fit within the narrow. strictures of the law are rigorouly exeluded, although they m;zy tell-more about the crime or the- criminal and· his -olameworthiness than the legally rele-;ant facts that serve as the basis for decision. 'Such a system, based on rules of law, is formal · justices _ -~ In Crime and Punishment, Dostoievski u~dertook an exhaustive psychological and social study of Raskolnikov, tl!_e murderer of an old, pawn-broker woman. By the end of the novel we become "so familiar with Raskolnikov, his 'motives and intentions, his _-philosophy and his-i:e!!_gious beliefs, his conscience-and, indeed, his entire consciousness, . that we are willing to forgive his act of-killing; .If every defendant could be examined and · understood as thoroughly as Raskolnikov, we would have a system of substantive justice - that lea-ves the door open to any relevant facts that might help to explain or clarify a given act. However, we, like the police detective who arresWd Raskolnikov, must. blind our~selve$to all those factors that ean-be important to a nove]is_t-but that are not legally 'relevant. In a court of.Jaw, then, Crime and Punishment woilld be reduced to. a simple verdict, guilty-of first degree-murder, because only thehomieida with premeditation is legally important. ThliS, substantive justice is reduced to foFmal jlistice, the whole truth of the novelist to the part,UiltJCUtb of .the jurist.

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lf we recognize that formal j\lstice cannot be totally fair to the individual because societal interests other than individual justice are we!ghed in the legislative balance when laws are drafted, and ifwe recognize that substantiVejustice must be reduced-to rules of - "Jaw in order W be Workable, then plea oruiifuing is not theJnOnStrous creature it fust - appears· to _be. Its effects are morejnsidious than overtly hid~~· - · " · · Formal justice "works" because-the public perceives it be fair. ·As long as the s~·stem sticks to the application of intrinsic criteria that aie related to the purpqses of the laws, and as long. ai;; cases are adjudicated fairly"according to the laws, the' rton-crii:ninal members of society be more likely to, accept the propriety of the iegal norms and introject the laws' underlying values into thefr own psyches. This -is the process of normative integration. / · · · . . · : · · · · . " . . · .. Indeed, criminal law iS-most importctnt for its contribution to normative integration .. It · obVious that criminal law has llttle direct effect on individual offenders. In fact, it is ~ axiomatic that criminal law and its accbmpanying 'penal system have be~n unable tO deter ··offenders froin future acts of crime'except by freely using capital):>unishment to keep down,recidivism rates. Impositjon ofle§S-than capital criminal sanctions often contributes more to individual criminality by labelling ·the offen'der a ·~crimi;ai,·~ fil.id thereby con0ncing the stigmatized individual 'tbat he is, indeed, a criminal, Since . criminiil sanctioning in general has little direct effect on individuals, _plea bargaining must be . assessed as a. part of the criminal justice system that seeks -to further norfuati~e in. . . , ./ ,teirrat10n. · , · ·. . · The lmi>ortance of Faith in the System· Criminal law can be an effec;tive integrator only when there is faith in the system. Even ·though. criminal law is not totally fair .since it is formal and not substantive justice, t,he search for the partial truth of criminal law can be enough to satisfy:_the public "{hat the-law is just. As long as the public has enougli faith in the law tojustlty its beliefi'n the efficacy and justice of its iegal norms,_ most individy~s in society will be able t_oacc~pt-the legal norins as their own. · - . - • Plea bargaining; though, undermines the entire structu~e of.crinf~nal l~w because it shoV.~s that tli.e ins~itutions charged with enforcing the law do not ~e the ,underlying/ ·values, those that the law seeks to il!ternali'ze in society, seriously:Since itis the public's· perception of justice _that gives meaning to tbe legal norms and permits them to be internalized, a perception that the formal justice system, the cornerstone of our - jurisl)rudential structure, is not valid.as a source of values because the courts themselves '.act outside the:formal system, is fatal to-normative integration. .. . .• . Criminai law, as a system of formal justice, presupposes an impartial ~djudication of _ guilt based on the criteria that are set out in rules of law. Wjthout impartial adjudicationthe formal justice system becomes superflous since· factors other than those deemed legally relevant will be controlling, and without formal justice the'legal norms will become ineffective since..,_ there is.. no legal expression~ of their value. Thus, fornormative in. . . ~

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EQUITAS .

· September 1978

More~-Teriure. !Jetters~.-~. \ '

""' ," ~ .. _ -· . · · hr Mauro Minervini · ._ _ ( _ (Continued from page 8) · · public official, who has nothad occasionto Certainly. oneofthe great skilli"agy:law..sch~lcan hope to impart to its-students is "inar, his lecture'hall and, as soon as maybe, -. prove llimselr· as scholar .in the- usual the· ability to approach language 'in a pi:ec!se.and analytical manner- Through these · in his printed publications" . (emphasis.. s~11s,e, and there may perhaps be other ex~ delicate mentaJ•dissectfons the student is able to pry those essential, if subtle, nuances ' supplied). ,./ . ,. . . . eeptions; none of them, however, _see.ms -from ~emingly inconsequeptialpassages. Such treasured.insightmay spellthe difference ·. · - To be, in Sutherland's words, -~·a truly· 'relevant here. between s~ccess arid failurewhen dealingWith the linguistic treachery of theLlc.Cr, the' excellent" institution.. a law school's tenU .C. C .. or Prefessor Koftl.er. .. . , _ . . ," . ured 'faculty must consist of what he aptly • New York Law School has a distin- ', · --Like any g:rea,t talent: lio~ever,::.theip.otenJia,lfor abuse is gr~at and the temptation. calls..;_''.teacher-sch0lars." If! . the hajcyon guished Board of Trtisiees.· The Board incompelling. Regrettably; .casual conversation often becomesthe .subject of the law stu- ... days of -Chase,~Wilson, Hughes and the cfo~s presidents .and other.ihigh, e~ecu. d~_nt's ne~·ly found avocatiortoflirtguiSticwrfection; Once embarked on thiS:ne,v~(ending ~ others, New York Law School had a facul- . tives- of, major corporations; and _wellroaa of"you mean to say'!" the results caa.be disastrous. The unsuspecting layman, often ty of'1teacher-scliola:rs."This is the kind of· known lawyers. Unlike the boardsof most astonished to hear wh!it"he has~really said.ssoon becomes.gunshy and is.reduced to .facultytheScliooln1!1st-havetodayifitisto educational ·institutions, however,· our . communicating In. hand gestures reminiscent-ofa cross between Hatj>O_Marx and Neison continue as a "big league", law school. We Boardof Trustees also Includes a substan'' Rockefeller:'· , , . . - , , · : enjoy.nQ exemption from the rtormaf stan-. tial representation of professional educaOften"t'he technique baclefires'co{iipletely and it js the stt!$Ient wh~-fin(fa·himself · dards ~fexce_llenceand we should !}Ot Se~~ tor~, irtcluding-preside_nts or other top f!dyearning for bliss-ofignOI:a,nce: l,learned this pa1p1ullesstmone evening on the Jersey: any. · · -' _ , .· , miilistrators·of some.of the most p.reslig-. · Turripikewhile battling my-Wife, rnetnlfficand tfie n~ous odors ofEllzabeth, N -!l .- After ·. -I note in this conliectionthat thel.hie'e'ious-educationali~titution~nthe country.., a somewhat heated personalargtimentI decided that the_merits 9f ~y case were dubious pmfessors ·to whom ·we denied. temn:ein . These leading,educators have been add,ed a~'best and -remembe.ring·someofctsaying.al:io.ut!'._he 'relatfonshipbclween discreti~n and · the cour8e of the p~t-12.months or so had· : in the past"few ye~ as part of our effort to -valor I decided to~concede::·At this poin(mywi(e quite jnnocentlyturneqto:meandsaid,-.: not produced a singl~ publis:P.ed legal.arti~-· demonstrate the depth of the Board's.com" 111111 .-,;e(·; .1111d 1Fi'1t_(ti n;r'!J.~ tl~i11k [__'111 the bnstanf!: Instantly rriy-mi1!9 we;t to w?rk. de during. their years of teaching at, t~e :_nitment to building a school, a faculty, and_ _ Her use of articles intrigued.me. Shehad11't said; "you always think I'm (j bastard",._ Law School and.only one of.them had a firfu a student body of the first rank. \ - _ she~srud, "you-always~thinl{-I'm.the oasfip'dt'. Tiie1inplication is, of course, that'some6ne. com!'litment -to hav.e an article . published . ~-. · Under the Schsi_ol's Principles of Rank , must be the bastaro, a!ld siµc~ it was,:not.she, it must be I. . ·. _ . '. . ' , - hereafj;er. (I do not include Prof:. Erickson and..Tenure~theBoard ofTrustees}sspeCif- . . Clever-, I· thought, a>tnily ingenious manner iii which:..to call someone a bastard. in-this reckoning be.cause, as noted, ~ final ically charged with the ultimate respol}si~ Quickly, however,-~ realized there was more to it than that. According tO my Wife, not·. tenure decision Withrespect to her.will not bility for.making tetmredecisioni;;, and tqe . only was I the bastard, but al~ the while I was suffering underthe delusion Uiat it was she occur for, sev.eral. years.) It must not be -concomitant promotions to· full professor.: · ·. and not-I tfiat was in fact the bastiir.d. I thought for_a qioment, t1hat not only makes me the · assume_dthatwe.l!l'e refoctant to make ten- ships.:Vje make those decisions as respon=-- · · - ·bastard, it makes me a stupid bastard. In one fell swoop my wife'had insulted my. ure appointments.'We have in fact during sibly. as we can, after receiving as much • ·intelligeftc(b.-mypawers of perception and my geneology. " . . the past year made more tenure appoint-·. input as we can, and "in the' light of our . · I looked'Qver.·at-my.wife afrd noted•sorPetliing of. a dirty smirk on her pi'ettly::littf;;~ men ts than 'We· have. denied; DUrlng t}iat understandingof the academic excelle~cea face. I w~ndered if she realized the implieations of hei: offhanded remark. While l was· tiine we granted tenure to Prof. Lang, who law school must exhibit-· both in faculty · deliglited at my ability to breakdown her viciousattack to its rotten core, I ~as appalled.,, was recently.the recipient of the Jeffords _and student- body - , to be. one of the ··at the thought of:'a:ll the other assorted sl_urs she m,ight have slipped by. Unable to contain . Writing Awahl for her excellent treatise in nation's top-flight schools. We consider all rrlyself anytonger I confronted her..,with.mydazzlingbit ofafi'alysis. · . the field~ of· legal history, to Prof. Simon, ,relevant factors,· including comRetency'iii "A stupid bastard"; she replied, '.'notmore like a crazy bastard". one of. whose boob was . awardea the teaching, ·scholarly achievement, perform-:.- J should~e liSteriedto mytmcle and become an accountant'. . r American- Bar Association:s Silver GavEtl ,. · ance of non-classroomduties (including ad~ . - . ~ • ; . ~ Awartfl¥td whols writing a:majorJudicial . ~nistrafion where th11t is :elevant), .

the

,-G.. .·e. ·_t ··.· s'·e:.. ,''·t-. ..: Un·,~o·. '·. . . 0·. _n·;_.-i·:i:ro,~-u:w·r· '·· M· a_- 'r<k·

·biograpny under- contract with Harper & ;growth in professiop.~l. com~ten!!e tlius· Row, to Prof. Newman, who has publi$hed far, and promis~ of continuing growth. We _ , . . . ./ , an original and authoritative maiuial, on do riot pretend to infallibility.-We believe, ·. By.Ke'nrieth Small Esq, District Manager of the Board, will consilmer law and is writinga second hand- however, that we understand the meaning• In the summer issue of EQUIT AS we l;)egin and end in front of NYLS and will book in that field under contract with of quality education, as that concept is apr.eported that the administration ·of New take the contestantsthroughthe City Hall· Doubleday.; and to Prof. Maudsley, whose plied at top-flightlaw sch()Qls, andwethihk - )"ork Law-Sclioot was iii the--process of and Ba:ttery";_Park area. Ribbons-,Will be various treatises ~rrlahd law, equity, arici that the ~ine qua noo ofq~a!!tyeducation organizing a mini-ma111thon. Thanks to the . given to all finishers~and Gil_will ~award~ trusts a:~ intemationallyknorn. · . is a tenured·facu!Q: ~f "_teacher-sch~lar's" concertea efforts of Gil Hollander and ing wall plaques to the firiit three men and I do not;mean.to suggest that ~here. comparableto.those found at such schools. . '. . , - third-year students Richard Cariiien ana . the frrst three wome11 to finish. · . , should be a1l absolute dogma o'f "publish or lf you deem it appropriate, you may · .· Franco Foti, the details.have .beenworls.edEntry.forms can Qe picked up at Gil's: pensh." There mayn0wand·again be cas~s - feel free to print this letter as a reply to the· _ out and the date for the<race-has been set: . , ol'. the SBA· office. · Students, from· other where a law !')chool aspiring to first quality' editorial on tenure in the Summer 1978edi·_ .TheraeewillberunonSunday,,,Sepo S'chools will be··able-to sigri,'up at ~heir canappropriatelygranttenuretoaperson tion of EQUiys. As you can well ima- · 'tember 24, 1978 ~ 10:00-:A,M., .~n or schootThe deadline for' entries is.Thurs- who has not''published·but ·has-in some , gine, Itake sharp issue withthe editorial's · . ~: . ·, 'shine, . and is open to presently regis- day' Septembe~2i; 1978. . ' :. . other way convincingly demon~trated ca~ entnymeme that teaching competenceis all ·.' tered law studentsi·faculty and adrilinistra. . ability.for sustained scholarship of a higli -that a first-class law school is entitled to -~. tors o( merropolitan area law schoois·.The, There - will "be- post::race ceremonies order who has other outstandingcreden- demand in return for a lifetime employ. five-mile Ct>urse; which has been mapped .and r.efreshmefits.· . . tials, which overcome a Iack of:impressive ment contract, but you are certainly en. · out with the assistance of t~e Police i;>e~ o'lunteers ar;ne7ded to_ assist-the scholarly attainments. One· can imagine, - · titled to raise the question. I wouUl also like - . partment and the. Commumty · PJ.anmng orgamzers on the-day pf the race. If you for example, granting tenui-e in a particu- to compliment Linda Rawson on her handBoa1'4 and approved oy C!!lus- Reinisch, ''would like tO.~elp, see Gil. lar case -to a famous practitione~, jurist or ling of the tenure decisions in your' new§ - · columns. Some of the statements in her story are inaccurate, bu~ the inaccuracies are, I'm sure, in no way attributableto her. In my judgment she took great pains to find the facts and present them fairly. Finally; on a personal note, let me congratulate you and your assocfates on receiving the First-·PlaceMedalist Award of the Columbia University Scholastic Press Association for "outstanding student journalism." It is a great tribute to your hard work and high standards. · , Sincerely yours, : John V. Thornton ----- Chairn\an of the Board of Trustees

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WANTED

File Clerk for Downtown Law Office. Call: 267-1850

'·

puters in banks, credit check services, in. surance companies and government. What can be done .about it? Often very little is

done. The companies are so embarassed bythe breaches in their - systems that the crooked employees are quietly fired and

September }978- ·

,~'

by Dennis Stukenbreeker They went to lunch and I wentupThe Americarr:Bar ASsociation Constairs to a Section op General Practice pro-, . vention started on Tuesday' August-I, with gram-:- "Energy - where do we go frOm ; , . thefirst of the rrieetings;<conferences, sym~· here?'' It was scheduled at the same time as.::., posia, assemblies, breailfasts luncheons, c:·st!v~i:~l luncheons. 'After a half hour they · buffets, receptions, dinnersand dancesheld .· . ~ had still only filled up 15 of75'seats.' . · · · by th~arious:divisions,__sections.~ridcom- :· ;;;f•... ·A>~ mittees of the ABA. ·1t·finally wound 'to a 2:30 P.1\1:. To the Americane, Jay'(;: halt Aug:llst 10: - '< ' · Foonberg, ~ California.lawyer, shows his ~. ·Headqu:artered.iri-theHilton, itspread r ' film .of the~ major· points he made in his over most of the expensive hotels in i;rtid- ' ABA book of the same name and answers ' townManhattan;·TheLiiwSt~dentDivisiOn-._ questions from the 99 people in the small· swas in the Anierlcana with the National - . di'nirig,n)Qm. He pushes a-few basic points. · Shoe Fair. The Division of¥ oung Lawyers· Care about'your clie!].t~· Keep accurate time , operated out of the Plaza. The Section of, records:'sen&the client lot_s of paper, that's · P..atent, Trademark and-Copyright Law: what he's paying you for. Give the family-a · seemed to havean en less series of cocktails discount; how would it look if your.mother andJunches at the WB,ldorf-Astoria: went to another lawyer. · . (· , · . Various other happenings occurred at · Ofall people, he was the most practical · · · the St~_g_egis, .Pierre, Essex House, Winabout pow to help the littleperson. "I)~n't <lows on-the World, tayern on the Gree~,, _ charge 0for the. initial consultation, Tl'iis. Yankee Stadium, and floatfiig aroqnd t!_ie. , · gives everybody access to a lawyer without ~ harbor. worrying about money/'- . , The~onventionop'erated~nfourlevels,__ ·· · · , 4:00 P.M. Stopped inat"Skolµe and_ :.British.Attorney Ge11eral Samuel Silken.addresses the A,BA"".lforeaucratic, educational, commerciaJand --·•· tfie·Holocatist" a panel discussion·m9derwhQopee!lt was possible to igliore two, or tioners to hear what is new in the field and J' . ~. :;tted by Dean E. Dona]d Shapii:o for the eve~three'levelsaridbetiedupmosfoft~e' t~lkshopfor.afewdays. · _. Sectionof-Individua!Rjghtsand.Responsitime. In fact, i.t was~ofteil impossible to , ' -However, the. inevitable-c.tedfum inbilities, wnich was in progress.. With over· _cover very much. I~ the Calendar of volved·i111mnel discussions, anci'thecoilflfct' . by Dennis Stukenbroeker. : _/. 2-00 people, it was one of the most crowd~d' _-Event~, t.J;ielistoft1iings that startedat the ~in~:ciemands'on e"'.erybody's time.often re- MOND~Y, AUGUST 7 .section meetings I attended: Also, the orily same tnne often,.went on for over a page. . duced attendance to a few people ma large 8:50 A~M. Stopped by the n.ews center . one with any real difference ofopiriion. ·The burekuc~cy had to do with the 'roolll. As -the-possible .extent of a' recent for, a sticky bun and coffee, and to pick up a. : _ Aryeh Nier, executive director of the ABA itself. This is when those Martindale- FTC ruling was mooted about, the air condi- copy Kennedy's speech. - . ..::ACLU, tried to explain how defenOing the Hubrn;lI catalogues of titl~s come. to .life. tioning_tinkled:the glass lli!ndants on the 9:00 A.M. Grand Bfillroom at the Hil-.' nuisances of a handful of'cornpone storm~ There.are-thebusine,ss meetings, committee light fixtures and tl:ie pattern in the carpet ton for, after six days of_ convention, the · trOQpers was, a ,cheap way 'to defend the meetings; council-meetings; assemb~es and became more interesting. -first meeting of the whole ABA. It starts at first amendmel)t. . , . elect:ioris. . -- The coinfiiercial side (ignoring, in the 9:30, Out I want to get.aiseat in tliepress ·BGnnie Fechter, National D:il'ector of ' -~ · A'Ssocjation politics-went unnoticed by . interest of the Code of Ethics, the number of section becaus.e it's going tobe a full house. the.JD~ tried to keep·the Nazi threat alive. most of tfie conventioneers~ Tl!is was a _cen::':- ·business cards passed around) was centered . Troopingthe color. National anthem. Brit· 6:00 P .M. Up to the fifth flo_or'of the ·te1u:iial, not a controversiafyear: No Yoqng - on-the 85 stcllls of ~·ta'"".Yers' Expo" in the ish_ national anthem (a suri}rising number-, Hilton for·an incredibly hot and crowded Turks. No Communist-threat. The hottest Hilton: Anybody who couid sell things to of people know the words). First time I've , NYLS alumni reception. Name tags were . issuewaslawy"ers'advertisingontelevision .. lawyers was-there, incluoing Alcoholics said·the pledge of allegiance since junior gi~en.out, butpeoplewerepl!-ckedsotightThe ABA, which·had opposed an advertis- Aponymous. After a hile one got used'to high schooL ' . . ly together you weren't' sure ~ho's y~u ing pre-Bates and O'Steen,approved it. people wani:lenng around with Practicing William Spa11ri,- tbe AHA. president; were wearing. < ' ~ ,-One of the hot est debates: -I hearcL Law Institute shopping bags. .:: introduced Chief Justfoe· Warren Burger, "- For somereason the suites on tHe fifth , about was a Young Lawyers attempt to set . . Three new legal periodfoals, NYLS J\.ssociate Justice Powell, Lord Widgery,, floor ~re named after 1930's New Yorker ·up a· combined Youn/ Lawyers/General "'Trustee Jen:y Finkelstein's,.The National -.andthetop gritfsh contingent (the British .·writers. NYLS' wa8 in the F ... P. Adams '' Practice Section Cominitte'e on Jogging.and , Law J oui:m~l, Legal Times, and a more pop legal professfon has~be~m le.acferl~ss'for a· suite. After a half ani10ur of trying to_get to Running; which was defeated on budgetary · The American Lawyer, were handeaout to · week). Spann is from Georgia.. Even· the · the=bar and back, I retreated to the Rooert grounds. · - _ . ariyone wh~ would take one. .minister who gi~es·the invocation is from Benchley Stiite down the hap w~ere aH~the Most lawyers, bless them, .did come for Whoopee! ran rroin the cocktail recep- G.eorgia.· There· are a lot of Georgia name ~ir hadn't been breathed yet. Goes to show . the educ~tion,ai side: O\ter 600papers_were- tions; hos.pitalitysuites ~nd banquets, to the tagsaround. , · . , the length~. to which NYLS students and delivered at th~ convention. !f~b~rs of. activities otganized mainly;for the spouses.. Goyernor Carey says a few welcoming ~lumni will go for a free drink. sectiqns fronaAdministrative Law to Taxa" .and children of conventioneers. For those words. Mayor Koclrsent the Corporation v7:00 P.M. Ballroom of the Americana tion found full programs in their~specialties \..+lo like tob~ organized,.there we'retours of Counsel, ::..who is long and boring on the Law Student Division Annual Banquet. (if you wii:nt to s~e~how: specialized,tne law museums and the UN; baseball game~ and . financial crfsis. The star of the day is Teddy , Over -500 at' a giless, very hard to tell.· lfusinesshasbecome,gotoanABAconv{ln- theCircleLine:-Forthedisorganizedthere Kennedy( . . Acres of people eating. Very noisy. Mantion). It was a chance for r-~gfomal p.racti- was, well, New Ym-~. ' Less pudgy than years past, but still ~ hattan clam chowder quite good, even for · · -rumpled, Kennedy reads his prepared text one who prefers the New England variety. with h-alf-glasses slippfog aoWn his nose. Even the hotel ·chicken is pretty good. The - My God, he says the.same thing as'Nader, · local New Yor,k wjne could have been done or for that matter, Spann; "Help the little· without. . . person." Law students just want to geL Awards and .toasts, chaired by the jobs so tney can pay -off their loans and LSD head, another Georgian. EQUITAS. everybody wants them to work for'free. wins an honorable mention for its RosenKennedy holds a short press7 conf!=!rence berg articles. later:- ' · ' · · ----------------: :11:.30 A:M. Back at the news center to eat a couple of sandwiches a,nd a Fresca. ,Dean E. Donald Shapiro, moderator_ the-LSD job fair,the previous morning. Planned to ~~ver the Foonl,>erg "H~w to · _ "Skokie.and the Holocaust'' ·Public interest Iaw means joos, Nader • Start ·Your Ow~ Law Firm':_show at one,· , Prof. Joel M.arteJ,' moderator sajd. He's the only person I've heard say but a note o'h the bulletin board said it had "Government Patronage and outofthelegalsystem,"~esai(:C"Theafflg_-' the V'.l!_Stnumber ofpeop!e:being churned '.b~~nput back to 2:30: DyBded to catch a Artistic Freedom" ent can afford it, but it usµally costs more - 01.~t by law schools is a goodt~ing. There is section meeting. Picked the Waldorf. : Prof. My'res $; McDougal, speaker than tli~y get out.of it." · , stien!rt.hin numbers to change the law·an<! 12:10 p,:M. Terrace Coilrtofthe WalHe attacked "cri~s in the.suites" a1!.d_, society, he'.figures~ . . ::' , __·. ' · do1:f-Astoria_.'Avail myself of the cocktail. ,Joint Breakfast Section of International. Law and:Afuerican Foreign • condemned law school& for crushing egos He was also pushing a new outfit of his hospitalit~· of the Section of P-atent; Trade~_:; Law Association ., . ,and ·creating a narrowly 5iased·corporate called the Equal Justice Foundation.~Na~ , mark and Copyright. ''The best section to Prof. Peter Schroth, speaker , point ofview. His biggest ·~sponse'c~e der wants to fund it by fithif!g one percent _belong to," the ex-editor of the Patent and Committee on Environmental Law when - he c~lled the &)crntic method "a _of~law students' inco~.e~· This sounds:~€ . Trademark Quarterly ·~ells me. 'A qui~k · Vera Sullivan, Placement'Director game at which only one.can, play." How- · as~ng the dead. to pay for better health chat with him and a British.patent solicitor· · :LSD Job Information Fili · ever, i.£ was hardly the Law Student DiviwhQ was a speaker at the luncheon. - ·

ll~ . \Jll;e ·, ' ay. · of

NYLS 'at the ABA

EQUITAS

September 197;8

·'From Her~,_to· Antiquity ~

•

S~A President's RepQri

_ by Hammurabi . On the morning of the test::! awoke to t~ penetrating invasion of .an incessant alarm-buzz, This was the day ofmyfirst exll!l1. It was ii national holiday, and an eight-inch The early signs indicate that this academic year promises to be unique.'. During the snow had blanketed the North~, with the result that nothing but the trusty Midnight first few weeks the tone 'of the student body seems to reflect disenchantment with Rider Line's "factor.y shift special" Jeaving~at 6:00 A.M. was moving. A fellow tesGtaker starting school in August; and the rather inefficient registration procedure. Concerning and-I boarded the bus with remnants·<ii the merrymaking which had taken place a short · our early start- it is an experimental calendar change and hopefu1ly its advantages will time before on New Year's.Day and beaded for the deserted city now occupied only by be realized during the three week Christmas.recess, ':A.s for .registration, it should be some of the Bowery's B~st and frustrat~d NYLS test-takers: . · · . ·· ' · noted that those people involved with the Administration's procedures, especially Bruce During the long ride past flat landscape and boring, ugly cities we quizzed each other Duiak, worked endless hours and that much of the fault lies with an outside· computer-data on our course, "1001 Obscure Points of Law. "Professor Lexass had drilledus in depth on service. Nevertheless, there 'still exists an efficiency problem and it needs to be solved: It 901 of the"se urumportaht legal maxims and said forget the other 100 (or .the test.But we is the Administration's responsibility-to study this problem now, in order that the second . were wise to this old trick and riveted of our attention on those sJ)ecial 100. We knew · semester registration can run smoothly. the. e~am would ba&.ed in large part on material gJOssed over, characterized as o~iteF _ - " -The absence-of Dean Marshall Lippmann, and the late arrival of Dean William Bruce dicta, dismissed as the minority rtile, or contained in those 100 pointS: · . has created an administrative void. While the Administration realigns its duties and · Students wer'e scurryiilg about lookingfor last minute answersto questions crucial to resP<>nsibjlities, students and student groupswill have to tread water. It is my hope that ( ··the course. ''What is Point· 937?" •'L_think. it's that lobstermen working out of these changes. will be completed quicklyand that the Jines of communication with the Kennebunkport, Maine, nave a 212 mile limit instead of 20fffound along therest of the .' stud~nts will be reopenaj,,.and strengthened. . · · ·-· ~, Atlantic Seaboard." "Why is that?" ·"Don't worry you don't have to explain.anything; Just , ·• - ---Exam Schedule Out Soon rememberthenumbers-937-212-200."' -:::, . . ~ . · '-. · .Theexam schedule.ism the workings and by the time this article appears the · "Does 957 have sQriiethlng to do.with the right of way of Pony Express routes?" "Yes, schedule should be 'posted. The thinking of the Exam Schedule Committee; according _to "but remember that of the 537 Indian tribes of the We's't, only3 recognized the right of way . Chairwoman Nancy Klein, is that the· schedule. if! final, 'but if obvious hardships arise and tiiey were fishermen located in Northwest Washington State." · which affect a-large.number of students, then reasonable clianges wjll be made. Much to our collective· dismay, no treatise or ~t contain~ Point 1001.-Rumors · · ·The SBA is planning two major events in the Fall, a mini-marathon and an October were running rife that the text of that point was either posted on one "of the School's 23 "feast". The mini-marathon·is scheduled for Septem0er 24th. Its originator is GiJJ{olan- .. bulletin boards, which at' hist count contained over 2,000 notices, or was scratched as der and tlie Marat.hon Committee is heade<! by Franco Foti and Rich Carma. The ra'Ce Wm . graffiti in one of the WCs. Who the hell had t~e to re~arch it. We'd have to-hope that involve all metropolitan ·area law,schools. De~ls will be fo~®ining and volunteers are after fifteen years of having no·student answer Point 1001, ole Lexass would give up· n~ed. The October "feast"-is still in the. planning stages but interested volunteers. askirig aboutit. · · · should contact Rol!_ Forman or Nancy Scgnell. · . . ,While the exam was ."open bPok" and all of us brought everything we were capable 6f In closing, I would like to make a final plea on behalf of the entire Association. We are ' carrying, we would not be provided with a surface· ori which to spread.the fruits. ofour in need of support from every sector of the law school'community. The more student diligent no~~taking and our codes heavy with annotations, marginalia: fold-outs, cliarts, partici uation we receive the more effective we can be as a student bOdy.: Internal change model an8wers_to former exams, and the-collected wisdom of Prof. Le){ass. You see, this· at NYLS comes at a very high price. The price is mea8ured in terms of time and'effortinconvenienc~wa8 of no matter because the tutorial thrust of the course was.to keep those let's do ourselves a favor and give a little of both. . . 1001 points obscure. . - ,.., .Before the test I saw a friend of mine who can write exams only if he sits in the last row. Just after he found bis favorite seat in the far corner, a proctor barked out, "Move to the front." Following much coaxing my friend moved up one row but only after he pushed. - the chairs in the last row out of the room. Thenfroc19r Benito said, ''I want youse one seat · over before gettm' a copy of the exain. ·~Meanwhile all of us had exams and were busy unravelling obsc\}tities. The last words I heard from my friend were, "If this is a co\lrsein musical chairs;j'i:>u better start humnlin'; Benito." . · . . by Sam Himme\stein -"'---"------~-'-'--'0-J · The test had been specially designed bY, the Faculty's Flunk-Out Committee to cause. -the ultimate in frustration and ·anxiety .. It contained a singl~ fact.pattern of 35 pages · On' behalf of the NYLS chapter of the Guild, I would first like to welcome our new followed by 15 pages of specific questions. The type, which was smaller than elite students,"as well as those who are.returning to eithe.r continue.or complete their legal . almost as large as that found in footnotes te the IRS Code - filled the entire page, education. Unfortunately, but perhaps predictal),ly, all is not well w\thin our hailowed thereby eliminating margins, and the Jines had been half-spaced. These typographical halls. · . considerations prevented the jotting of notes in the margi~and the underlining of key - We return to find that three of our most popufar professors - Marshall Lippman, words. Originally, the fact pattern was only 30 pages, and·we were given an additional Naf!CY Erickson_ and. Richard Harbus - have been denied .tenure by the Board of half hour to read it. But-Prof.-Lexass felt.that was surplusage and added a cute postscript Trustees. Student outrage has already expres~ed itself in the form of petitions, letters: of 5 pages. _ _ ~ . . . . \ and statements of ''no more· contributions" from alum.pi. The Guild has gone on record as About halfan hour into the e'xamjust when some OIUS were getting geared-up and enth.usiastically endorsing tfiese 2rotests; but feels that to adopt a "yQU can't fight the our stomac:ihs 'Yere beginning to jump, ·the Administration's Enforcer lumbered into the second floor" attitude at this point.would be fatal,. not only in relation to the tenure issue, testing center to-make sure· we had not rebelled over the girth and complexity of the . but in relation-to the future of student and faculty rights at NYLS. exam. While he waSJlleasuring tension with a specially designed sweat gauge, he lit-up . At the first meeting of the Guild, held on August31 and attended by over40 students, one of the vilest, foulest smelling cigars ever ihade. The ai~ in the room.turned green, and several first year students expressed their concern over this and other issues. In the near the·first two rows· of the room were awash witq rescrambled eggs and Cheerios. 'future, we will· hold a planning ,meetfog, aC which we will map out our events iind -For about the next hour ap_d-ahalf there was no..major incident. Then suddenly, and campaigns for the coming semester.' Based upon the comments of those who participated . without warning, ProL.bexass grabbed the m.icrophone. "Turn to Question 27 on page 42. in. the first meetini, it is likely. that the issues of tenure, affirmative action in light of the . Change the year 1837to1066." Most ofus had already passed that point and had to rewrite Bakke-decision, and the role of-NYLS as an Urban Law School will be the prime areas of tlie answer completely. Then he said, "Forget Question 60 altogether, and take down the concern. Student; (iesiring to get involved fo these campaigns are ~~!come to attend this 'folloWing: '--? . . ':-f" ; ' .: -. . meeting wlief/i('i' ()/' //Of you agree witli tlie Gni/d's positio11s Ull other issues. We are Under which Canon in the Medi~val Code of Chivalry was R~punseL anxious to work in coalition with other individuals and student groups. This seems to be a impnsonedl Give the numb¬ rand exact wording. Apply it to the facts of·· --' crucial,year in 'the ;chool's dev~iopment, and st~dents must hav~ a voice in determining her case. Argue both sic;Ies the~ write the inquisitor's opinion. What 'Yould --.... the direction to be taken. an appeals court do with the case? Has-the_casB been overruled with time? .., ~ . ~. · . .. • · · . (Suggested time: l 71h seconds. Value: .0732 ofa point);' · ' Withthat-indlgnity,,wHQSeupinunison, madeo):>scenegesture_satourexamiqers, threw . our "open):fook" materials on the floor, and began harmonized choruses of boos followtid , by stinging re'frail}s .of hisses. Abou(a minute into the demontration, Benito called (Continued from page 1) of· NYL$. Despite .the estimated . $10 "Time,'' and we queued up to deposit the results of three hours of pressuriie wriUen ~search for a superior lower Manhattan sit~ . million cost of the structure, Gold has conregurgitatfop, ramblings, and wanderfogs. · ' continues; the school has hired Kenneth D. vinced Shapiro and the .Board, of Trustees Justafte11 t1re-st-utfent in front ofme hande<iin her 11 neatly written blue books, three _Laub & Co: as consultant in the search fora that this E!Xpenditure would be_more eco. proctors; uniformed in polyester Nehru suits; and a female attendant wh~mbodied all of better location .. Shapiro has said that nomifal than· ren()vating the three buildthe warmth and sensitivity of V ampira surrounded 'th~ exhausted· student and led her· NYLS _is committed to· improvement and ings a[ld using them. Gold estimated the away. I never.saw her-again. Her h~sband said because she.ha,d five exarris in 12 hours she the school will spend the additional funds to maintenance cost'of the-140,000 sq. ft. new was placed in isolation by 'the Administration which was col)ducting well-regulated _create a school expressing a concept of building at. $3.25 per sq. ft. per annum scientific tests on finger corns, lawyer's writing cramp, middle finger anemia, and pencil quajity; he isopposed to another non deswhereas. present maintenance costs· are lead poisoning. By all reporls-·she·.was-doing wtll in spite of.th~ fact she had not been cript law school building and.prefers sometwo to three tirries that figure. allowed to communicate with other students, sh'e was forced to read The Daily News, and thing like the law .§.chool buildng at the · . One of the functions of incoming given only proctor-prepared pµdding to eat. _ · ·· University of ~innesota, or the NYU NYLS Dean William· Bruce, formerly of (Editor's note: Th is accowit of early law schooLexams was found during a daring Bobst Library on Washitlgton Square. . Harvard, will be to supervise tlie building mid by EQUITAS·into T. Scandal's'two-floor, 30,0oO square foot office: itformed-partof r·_ · _ activity now 'that the Building Committee tile archives bnilt by Prof Pericles Peeker<~uring .his mmiy expeditions to the site of TJijs new building will be-a replace- has been disbanded. Brue~ has had experi- , Plat6'8f;eripatetics. J . ' .' · · '~_ . . · . · ment for the entire present physical plant · ence o'Il a similar pr.oject while at.Harvard.

National Lawye(s Guild__

-School on \the Skids

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BUl- ld ing - C. on t i-nue_ d ...

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'\my for these students to acquire real trial skilfa;. however, is Jo work· with' '"~~pei·J. ,.. ,._ ~ • ie11ced,,pracfitionei's in actual courtroom t

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evaluation. Not at all pleased, the accused gave ·th~.A. a.sharp right cross to the · back of the head. In a matter of seconds, a dozen cops jumped over the "communion . rail" and gang-tackled the defendantto the floor, "Hit me some more," he managed to cry out. He was. duly obliged. Finally subdued, he was carried away. A small · pool of blood was .on the__ floor. The clerk covered it with a desk anda "Next Case". c;i The wheels of justicecould not be stopped, <§:.. n01' made less wieldy by such a display. ~· I left with a perspective different-from the., one . I had been getting from my · Criminal' Law casebook. On the way home, my friends and I ·predicted that the "mistake of fact; mistake of law" classroom _ puzzle seldom, if ever, found its way into that courtroom. . ~-l stiil stop off at night court on occasion, usually · with a layman Mencl -·~ ,...:, JoeStavola -~ .... while walking back from Chinatown. The left obse1:ved that tli~defendant stood like .. comments are generally ones-of disbelief a ~1:ealWise-guy;''Afterarguing for,a ~hile and amazementr, I've yet . to hear any . with both-the judge and his own lawyer, .comments or suggestions on how it could .tfie defendant was r~oved for psychiatric:·. 'be improved.· .

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€olri!Dbia Dutµps· Gunther ~-'

Poer'sCorner

- by Leonafd Ross citing his . personal friendship - with way of reasoning, which requires line by. Columbia Law Schoolhas decided. not · Gunther. line . analysis, Without . imposing - his- to use ,Stanford law professor Ger.i.ld ·A review of the- Lockhart -text Coristitutionalphilosophy on the student. "-- · The Ravagesof Age Gunther's .Constitutional· Law 'as the indic~testhat i~ places a heavy emphasis on Sullivan expressed a belief that· Gunther . The caricatureof time -casebook for its-Constitutional Law course. first amendment. rights in line. with the uses the. open questions to be intellectually · etched upon thefaceof youth. Beginning fall 1978, Columbia will use- present direction of the Supreme Court. It honest by alerting the student to a problem Thefamily album.: ,,..-Lockhart, Ka~isar & Choper., Co1i_.'itit11- ~ stresses. problems of judici~l review-and without textuallyimplyinga "constitution- - the sole vestige . tio1111/ LHll' (West 1975). . : .:.. . federalism· and provides ,. introductory· al truth", \ · '\ ··of the beauty upon_which persone' Gunth~r's text-has been die subject of notes,to overview the topic and to provide - · , ·on.·cegazed in awe. · · NYLS Profs to keep substantial- criticism._ -Prof. Abraham the' student, with background on the - ,. . Chronology, . Soffair,'; Chairman of the Curriculum "material. . · Gunther Textboo~ ·· the curse to mortals, _ · Committee at Columbia which had made ~ . When· PrOf. · Catherin~ Sullivan of - Asked to comment on -the Columbia "a disease both-incurable and terminal ·the decision, . commented- that although· NY-LS-was asked about the ..fi:olUmbia - decision.. Ffuf: Lun Chu Chen said that it · iO livingflesh. ' '\~. some still think the Qunther 'casebook is ' $cision, she expressed- surprise, saying . would not be fair for him to state an-opinTheinfont, · / "the best available;" the l;iotik has too'many that the Gunther text is generally regarded" ion, . as this year is his first for use of the dro0lingin the crib, ql!eStions, too few .cases and heavily edits -as the best casebook in 'the field.·she is Gunther casebook and he thus far has not :withfleeting time; is,' . --. the- iEcluded cases. Soffair added, "It is a unfamiliar with the Lockhart book. On the formulated aeritieal decisioq on its merits. - , in reality, the precursor to the babbling basic ~ecision to . u~e a new set of. ~~ticisn_isof Gunther,Sullivan.agreed th~} The ~tto~ ~ine ap~ear,sto be that NYLS ·s-enility,ofthe man'. matenals." Columbia Con Law professor lt' is a difficµlt book for stqdents, however professors will contmue'touse the .Gunther Joseph Schmidt dedined 'to comment, she prefers Gunther's concern to develop a text, which is good .~-s foi; resale v~Iue~ .. ... ' -

_<loaventiQn_ Ji;J-ILlilunting J!lints . , ---·-·- -----·----By Dennis Stukenbroeker· The word from the Law Student Divi- . ,sion's Job Information Fair is - _the disparity in.starting salaries.is getting bigger, _,_ _ and corporations are cutting their legal costs by hiri}!gmore iri-housecounsel. · -The LSD sporisored the lightly at- _ -- tended job fairat ffie-Americana Hot_el,dur. ing -t~e ABA. convention. 'The Farr consistea ofapanel ofspeakers,)m.openlioil~e · with a chance for informal chats with over 30 representatives of firms, government and "corporations, and worbhops covering resume writing' and intervi_ewin~ te~ _niques.:-' ' -. The workshops included one on "career self-analysis", conducted by ~lie Place: . mentOftieerofNYLS, VeraSullivan. 'J'he sterotyped nin~persoil speakers panel :ranged from a solo practitioner to

representatives of the Departmentof J~.:::, .recruits thi:ough-half the divisions. _They ($18,250) which will rise soon with a cost of tice, the Legal Aid Society, Wall Street, -hi~e four-or five lawyers,out of law school livingi~crease. . · ' ·. and corporations. . · eveey year, reversing thitradition of corThe Legal Aid Society, with 700 lawAlvin Taylor of Aetna Life~ Casualty porations looking for firnl experience when yers, ·pays the equivalent of government and Robert M. Hersh of Equitable-Life hiring house counseL '_ ' · , sal¢~es. According.,to Susan B. ,~indeboth said· outside- . coti.nse_l was being · Hartford based Aetn1lplans on paying . nauer, ~ssistant for Legal Affairs, it is a ~ropped irithe insurance industry fn favor . $19;000 to start in 19.79 and Eqilitable Life - goodposition for th~se intere_sted in litigaof in-House lawyers ·.handling the com~ .is paying $23,500 this year. ,"< · tion. The Legal Aid S,ociety handles 70% of panies business. Aetna is increasing its 65 The tops in cash, not suprisingly, are the criminal cases iii New York City. It is . lawyer._staffto~Oby 1980. : the v;cy _large )Vall Street. firms. Ellen· also h_ea\jlyinolved i~ civil cases such as ; Although Equitable Life handles all its . Futter, an associate at Milband, Tweed, landlord-tenat_ltand consumer protection. own New. YorI< litigation, most l;:iwyers in Ha(lley._& McCloy, told the grQup the cur1:_lw Society does hot bother to recruit both _companies don't ~andle claims. They rent range is $25-28,000a year. on school campuses any more because they occupythemselves with placing the billions ~ The federal government has 19,000 get m_ore than enough Uf!~;olicited applicaof other people's money; an~ the tax, real lawyers,srudWillaiIDR. Robie Counsel-to tions. The· Society. cdnsiders: cliilical · ·estate and -mi>rtgage problems of any big the J\.ssooiate Attorney General for Attor- courses important and looks for-a.writing. 4•• cotporati.on. .. . . . _ - , . . . . ney Personpel,w!1i£h iS one per~e~t all. 'Sample along with~he r_esumes.~ , Equitable Life-ls}egal departme_nt is_ federal employees. It also hires.between. Last, but ominously not'least,' Lou divided into eight divJsfons'and h_!IS a two 2-3,000 a year, With.30-to 60 or more appli- . -Yorakis, a former municipal counsel and· year trafuing program desigl'\ed to rotate eations for evecy available position. Law-· ngw Vice President of Aspen Systems, Inc. , yers do not hav.e to-take the. ciVh service gave one example of a law-related career.exam. His company handles "litigation support," Most g~vernment attorneys are not in ,which is, ·among other things; computer·.· "'* the Departmentof Justice, but in the many . ized tile manaITTflent. An expensive service f:: regtilator.y agencies, ·dealing with adnlini- - only availa'Qle to the large users, it requires 1-'-S(rativelaw and litigatipn; Some agen_cies lawyers with .one foot in "information I . still start in~oming attorneys at the GS-9 science" to make it workand pays alrilost ~ ~ level ($1.f),000) but most ~start at GS-11 much as the.~g firins}~ servic~s.

Registi;ation. F,lwiks ... ~ ., .

(Continued from page 1) Over~Il, Dulak termed the semester's registration process "one of the most successful that' I've encountered sinee I've been at thi~ school;" choosing to look past all of tlie problemsand focusing instead on the fact thafthe numberof students seeking to change their p~ogranis after classes had begitn was much J?maller than in the·· ~t. -In conclusion, no answers were given as to why professors were not hired at an earlier tlme. so a~schedule could be. com'posed, nor a8,to what·steps areJ>eing_taken to-preventa_reocctirrence. Nor would any_- . one definitely say that registration would

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New Profs Profiled ... i

Dean Marshall Lippman . take plac~in the fufure_while the_students are still at school, a move that wo.uld ·still allow for the computerlzatio~of the registratiop proce~s_ye~wo1,1ld eli_!Ilinatela~ap~ pli~ations, mailing problems, etc, .. _. 0. ~~

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(con~inued from page 1) Herzberg. His pro bono publico service intaught· Conflicts of· Law and Secured eludes_ broadcasting law counsel in FCC Transactior.s; at the University of San proceedings for Classical Radio for ConFe,rnandoValley College of Law. nectiCut Inc: - · . . . -....... ,..: . ' > ' .. '.~· - - Perry S. Reich received h!s B.A. from Barbara C. Schwartzbaum, Visiting State University of New York at Stony Professor was a Law Review member at .' · Brl]ok,and aJ.D. from Hofstra Univer~ity - Howard Law School andreceived a·LL.M. School of Law in 1974. He was a_ student fr_omHanrard Law School. For three years ·law derk to the Hon. Jack B. Weinstein, a free-lance consultant, she was previously · U:S. District Court Judge, and a summer Deputy Regional Counsel and Acting Ge!l3) All .procedural questions regardassociate in the Office of the U.S. Attor- era! Counsel in the Office of Economic TAP: ing 1978-79 TAP awards should be · , · ney, Southern District of New York. After Opportunity for the New England States, 1) PI~ase submit the school copy of submittedas well. -a year's association with the firm of Win-· and Assistant Professor at Suffolk Law your 1978-79 TAP Award Certifk dels & Marx, he bec;ime a Law Assistantto · School. She has seven years experience in 'Cat{! to my assistant in_47 Worth the Hon. Jacob D. Fuchsterg of the New · legal management, liaison, training and We will answer (or attempt· to get.an Street, Rooml06; , , answer for)-every~questionwe receive. Y~tk State Court ofAppeal~in 1~75. . · program development, and resolved a potential Boston crisis. by prnposing and - 2) If you-arej)till experiencing diffi- We kno~ that many 6f you have exper- . LDavid M. Rice, Visiting.Professor;is having adopted a ruling by the Office of ~ culti~s .with your 19y7-78·TAP, - ienced numerous frustrations over your - an"Assistant·Professorof Law at Brooklyn General Counsel which prevented the firaward, jot·dowri.the specifics and TAP. awards, hut please ·try to be, pa. Law School. He received his LL.B. in 1967 ing of 7,000 Comm}mity Action Agency J_submit to assistant. We will tient! _,. from N. Y. U. School of Law where he was employees. contact NYSHESC rei.ml.ii:ig ·· - Merr.ilJ E~ -Feinberg ·ari editor of the l.-aw Review. A co-author "A profile of our new Dean William L. these difficulties and.try to resolv(_! of 101 Mathematical Puzzles and How to Bruce will be published in the next issue, Director of Financj!}IAid · them. solve tbem, Prof. Rice was also an Asso-· with a list and description of the new ad-,,... c1atewiththefirmofBotein,Hays,Skl~& . junctfaculty. ~ · '

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