Equitas, vol II, no. 4, Friday, March 5, 1971

TfrlE AWARa WINNING

STUl:>ENT NEWSPAPER OF NEW ~ORK tAW .SCHOOL AFFILIATED WITH PACE COLLEGE

VOLUME 11, NUMBER 4

PUBLISHED JOINTLY BY THE STUDENT BAR ASSOCIATION Af\lD PHI DELTA PHI COPYRIGHT, EQUITAS, NEW YORK LAW SCHOOL, MARCH, 19.71

FRIDAY, MARCH 5, 1971

SBA Withdraws Reeognif.ien Of Pltii Delta Phi Over Admission Of Women NYLS••The Student Bar 1' s=. sociatlon of the New York Law school has withdrawn recogni= tion of the D.-.right Inn Chapter of the Phi Delta Phi Inter= national Legal fraternity by un· arnlous vote. The censure vote Executive Council of the SBA meets to discuss school problems is the first of its kind by the and activities.

SBA, and is considered a surprise move by members of the fraternity.

The controversial censure vote was cast after seven New York Law School students were refused admission to the Iraternity on the basis of their sex.

Mrs. Patricia Carney, a night

By Michael Macklowitz student and secretary of the The Student Bar Association important part of the resolution SBA, began the battle with <of New York Law School held concerned the need to gain ac- bootlegged copy of the applica> its first meeting of the new credidation from the American tion for membership.

She said spring terrr-, on SUn~y. Fehru= Association of Law Schools she handed the photostaned ary 21st at i:OO. The members' (AALS).

This can only be copies of the application to Mr. of the council concerned them- done by fulfilling the organiza- William Polignani, the fraternity selves primarily with the pro- tionts requirements.

Secondly, pledgemaster in October. cedures and regulations which it was proposed that the NYLS Mr. Polignani reportedly told govern this institution. ~ Placement Serviceacquireafull• Mrs. Carney about the no women The first topic of discussion time officer and staff. It was clause at this time. But she considered was the legislative contended that this was needed insisted that he take the appli· Assistance Program which to provide a fully effective cations and he did.. According initially was designed to have placement service. to Mrs. Carney, Mr. Polignani students working with LegislaThe proposal further called for said he would bring the matter tors doing the research and anonymous grading, and a of the seven's admission to the drafting of documents.

How• program to enable a student to attention of the general memberever, this program has expand- repeat finals within two weeks ship. ed to also include a Legal and of notification of failure. Other At its next meeting, Mrs. Judicial Assistance Program. proposals considered were semi- Carney informed the SBA of The S.B.A. is presently making nars, a Review board composed the situation regarding the ad» plans to procure the needed funds of 1 student, 1 faculty member mission of· the women. lib for operation of the broadened and the Dean. The final area action was taken at this m eet» prograrn.. The success of such covered concerned a raise in ing in ?lbvem]?er. a program depends UPOn tuition in qrder to implement It was not until the December student Pf rticipation; all inter- ·'these changes, The resolution meeting that .the resolution to · ested snklents contact Marvin just discussed will be given to censure was proposed. Although Raskin In the Equitas office on the student body in petition Mrs. Carney was not present the Fourth floor. form, and· then presented to the at the meeting . Bill COleman'.

The meeting lingered for a another SBA member, offered Continued On Page Five time discussing the alleged dis• the proposal.

It called for the crimatory procedures practiced by the Phi Delta Phi Fraternity.

Ed Ryan, President of the NYLS chapter, was present to explain his position, and any progress that has been made concerning the matter.

His

By Charles J. Revelli presence at the meeting was Dean Walter A. Rafalko inet placement office. initfated by a resolution passed with respresentatives of the While the Dean stated unequi• by the S.B.A. condemning the · student Bar Associationandother vocally that he is in favor of schools chapter for failing to interested students in an open AALS accreditation and was doing take positive action on the forum on. Wednesday, February everything within his power to position of allowing females into 24 at 1:30 p.m. to discuss plans achieve this recognition, he also the traditional men's club. for New York Law School and noted that many administrative Greg Frost, a freshman day to listen to student grievances. and academic problems had still student, · suggested that perhaps Jn addition to answedng all to be· worked opt before that this discussion ought be ended questions that the representa• goal becomes a reality. Citing by the S.B.A. giving some en- tives had gathered from a student several of these, Dean Rafalko couragement to the chapterts caucus. Dean Rafalko accepted stressed the necessity of se• movement.

He further pointed ·and answered questions from the curing more volumes for the out that being in the same school floor ranging fromoverallschool library, presently 7000 short of and striving for the same .goals, programs to personal 'com• the minimal requirements pro• · perhaps more could be ac« plaints. Although class-wide in posed by AALS~ Additionally, compllshed thru cooperation nature, the vast majority of the the faculty-student ratio does rather than antagonism. approximately 300 students prenot come within the standards An important resolution con• sent were freshman. set by the accrediting organicerning the entire School body The major issues of concern zation.

He als0 noted that the was, brought forth -by Bob Wig- to the students involved New AALS requires that a law school gins and Allan Woodward. both York Law Schoors failure to be affiliated with a college or first year day students. Their gain accreditation by the university. · resolution outifued~ a six point American Association of Law In this regard, Dean Rafalko plan which, they asserted, would Schools, its affiliation with Pace discussed another of the stu• imP!O~-- greatly _ the NYLS College, class size, the grading dents• major concerns: New York situation.

The firs; and most system, and the obtaining of a Law School•s affiliation ·with

By PHILIP KENNY SBA to take away recognition of the fraternity, and it called upon the faculty to withdraw its support both moral and flnan= clal, Stuart Dember, a first year day student SBA representative and a fraternity pledge suggest=

ed that the · resolution be tabled until a representative of the fraternity could have a .chance to explain the fraternity's position. Mr.Coleman said that· this was unnecessary slnce, "The fraternity has had seven Continued On Page Seven

SBA Examines Six POinfr Piroposal

ALAN J. SCHNURMAN

I~ -~--

F 0· r

I

ED RYAN

w 0 m e fil Q n I y tlllmtl lllltl•lll

_.

By James Dobbs "Ffnd out what the women feel Stelnems and Bella Abzugs, In• about Phil Delta Phf." said the stead, I found a good deal more Editor in Chief, "Yeah, find beauty, and an all-enveloping out what they want," shouted apathy. the male chauvanist Editor.

Every single woman chanted, 01t 0If better be good," shouted there is to be a professional another. · fraternity at NYLS, then it Thus reassured, I approached should be open to women; but_ both the subject matter and the of course I am not personally subjects with high expectations interested in joining."

This and a certain curious trepi.; · detached viewpoint was repeat• dation. I expected to encounter ed so often. that it began to a budding group of future Gloria sound like an LBJ telethon.

Where were the troops to man the barricades for the most live• ly issue at NYLS since Kent State?

Slowly, the real reason for this attitude became ·clear.

The women are satisfied. They have Pace College.

Explaining that made. it at NYLS. There is no affiliation with Pace would be real discrimination against mutually enhancing, the Dean them.

Their good averages in listed the many advantages to the last two years, and the num• be gained from this union, such ber of course books they have as exchange of faculty members, won are the basis of this vast access to general library and complacency. They do not care dormitory facilities, and en• about women•s rights. at NYLS. richment of student contact. The · . Their concerns revolve about whole program, the Dean added, . the school•s general problems. was under constant study in They are glad to be ignored. · light of the best interests of They worry about not being at . the law students.

N.Y.U., but they do not worry Dean Rafalko next treated about their rights. another important issue, that of This is the usual myopia of the number of students in the Law complacency.

If one is to ad• School. He pointed out that next vacate something, he (or she) year the second year class will must support it, not with vague merge into one section and meet generalizations, but with en• in one classroom.

Negotiations thusiasm, continued interest and presently are under way to se• · to the limits of his ability. cure new faculty to meet the. There is no point in slaking increased size of the student off when the going gets easy. body, and the Dean is especially , Il:>es this i?i&h that the women desirous of obtaining new faculty are apathetic about sexual dis• members in the electi~es areas. crimination when it personally Continue~ On Page Eight -Continued On Page Three

Dean Meets With Students To Oiscuss

Plans Atfd Proposals For Law Schoor

i

PAGE.TwO

NEW YORK LAW SCHOOL

FRIDAY,

New York Law Sc:heol Al;umni AssociatioA Alumni luncheon Held At Hilton; Just-ic·e--N_un_e_z Mai._ Speaker __ .

by- Charles J. Revelli New York Law School.

Alumni Association held its Luncheon at the New York Hllton on January 29, 1971 in eon= junction with the New York State Bar Association Conven· tion, Among those prsent at the affair, which was arranged

by Judy Compert s, "were DeanWalter A. Rafalko, Judge Charles W. F roessel,. Chairman of the Board, and President Sylvester Smith.

Tire

Mr. Ernest F .Marmorek,opened the meeting by requesting that the Alumni contribute their much-needed and appreciated ideas and suggestions in regard to the Alumni Association and the Law School. He then commended PROFESSOR MARKS for recommending to his classes that they join the Association after they graduate. After re= viewing the progress made by the Association, Mr. Marrnorek introduced Mr. Smith, President of New York Law School, who discussed the need for periodic review of the curriculum in the light of the needs of the Law School. Mr. Smith spoke highly of the Law School, and its distinguished faculty.

Dean Rafalko was the next speaker and his remarks concerned the great strides that New York Law School has made in terms of higher standards, and increased enrollments. He pointed out that nine out of ten of the Law School students pass

,.

·t

their Bar Examinations.

He further stated that currently the number of applications to the Law School is in the 4000 range.

Dean Rafalko cited as one of his major goals an in· crease in the number of volumes in the library from 53,000 to 60,000 by 1975.

The guest speaker of the day was Associate Justice Emilio Nunez of the Supreme Court, Appellate Division, First Department.

Justice Nunez, an alumnus and professor of New York Law School and the first Spanish-speaking judge in the City of New York, has had a long and distinguished career both in private practice and in public office, and is exemplary of the high-caliber of alumnus produced

by New York Law School. He practiced law from 1929 to 1951, then was appointed City Magistrate in 1951.

In 1952 he sat on the Court of · Special Sessions, going from there to the supreme Court in 1955. In 1966 he achieved his present position. The First oepartrnent, encompasses Manhattan and the Bronx.

-In his address, Justice Nunez spoke of the many problems be• setting the courts, and offered some dramatic solutions to those problems. He suggested that court calendars be controlled by the judges, and not by the District Attorneys, thereby eliminating inequities.

He called for the more expeditious selection of juries, citing the

by Michael Macklowitz On Saturday, April 24th 1971,

JUSTICE NUNEZ Seale case as an example of interminable delay.

It took seventy days to select seven jurors.

Under Justice Nunez' plan, the judge would select the jury in all criminal cases, rather than the defense and prosecuting attorneys.

Justice Nunez called for further reform of the criminal justice system by eliminating the following cases from its jurisdiction: housing violations, obscenity, certain sex offenses between consenting adults, public drunkeness, possession of soft narcotics, gambling and prostitution.

These forms of conduct, he feels, are better suited to be dealt with within an administrative hearing structure rather than the crirninal judicial system.

The Appellate Division Justice next addressed himself to the recent prison riots, noting that Mayor Lindsay had attempted to shift the onus of blame from the Executive to the Judiciary, which, the Justice said, "is not now, and never was, responsible for conditions in the city jails."

He stated that the City Charter places sole responsibility on the Commissioner of Cor rections, and that the State Comm Issioner had criticized overcrowding conditions as far back as October, 1951.

Justice Nunez implied· that the Mayor had no one to blame but him self.

Taking issue also with Mr. Lindsay's assertions that some judges shirk their duties, Justice Nunez cited the willingness of most judges to do their part and blamed the Mayor's office for not providing the auxiliary services to support the judiciary.

The distinguished alum nus next discussed the issue of more lenient bail and parole requirements.

He indicated that the scale of bail in New York is the lowest in the history of the City. Despite this fact, in New York County alone, over _75,000 persons have jumped bail, and are now "roaming the streets, undoubtedly committing other

Please contact me for job opportunities for students at New York Law School.

Full time Part time -

I I I I I I I

Firm: Address:

Tel: Send to:

Placement Service New York Law School 57 Worth Street New York, N. Y. 10013 Telephone: (212) 966-3500 ext. 41

----------I A I um n; I -

-

-

-

-

-

-

-

-

-

I would like an application for membership in the Alumni Association. [ ] Year Graduated . . . . . . . . . . . . . .

.1

Name

I

Address

I

I

In order to receive an application for your "JURIS DOCTORATE DEGREE," and/or membership in the Alumni Association please fill out this -form. '

I I I I I I I

MAIL TO:

STUDENT BAR ASSOCIATION NEW YORK LAW SCHOOL

57 Worth Street New York, New York 10013 I would like an application for a Juris Doctorate Degree. [ ]

1 ••••••••••••••••••••••

1~ I I ' I. II

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

1

· · C:iiv · · · · · · · · · · · · ·;-r,;..-rE. · · · · · · · · ·zip· cooE:· · · 1

-----------

the New York Law School Alumni Association will present the Eleventh Annual Dean's Illy Alumni Homecoming.

The Alumni Committee under the direction of Sylvia D. Garland (NYLS, 1960). has planned the affair.

The occasion will commence with registration at 9:30 a.m., at which time the guests will be asked to select one ·of the two panel sessions which will convene at 10:00 a.rn, and con· tinue until 12:30 p.rn, Panel I will concern itself with Practice and Procedure in the Civil, Criminal and Family Courts.

The moderator will be the Honorable Nicholas Tsoucalas, Judge of the Crfminal Court of the City of New York. The distinguished panelIsts will include: the Honorable Seymour Boyers, Judge of the Civil Court of the City of NEW York, Queens County Branch; Honorable Harry T. Nusbaum, Judge of the Civil Court of the City of New York, New York County Branch; Honorable Michael M. Skodnick, Judge of the Criminal Court of the City of New York; and the funorable Jacob T. Zukerman, Judge of the Family Court of the State of New York for the City of New York.

The second panel discussion He . further listed figures of 205 defendants in prison awaitIng trial for homicide-again in New York County with a similar number awaiting trial for homicide in Bronx County-as well as large numbers of de= fendants in prison charged with robbery, arson, burglary, rape, sale of narcotics; all of these have pleaded not guilty and de• sire trials.

Thus, Justice Nunez contended, the suggestion

by Mayor Lindsay that "these defendants, many of whom are recidivists, be indiscriminately released to join the other known felons already stalking our city streets like a pestilence is clearly insupportable."

Upon completing his presentation, the Justice received a standing ovation from the alumni present, many of whom are directly involved in the area of criminal law.

In addition to Dean Rafalko, Judge Froessel, and Mr. Smith, seated on the dais were Mr. Joseph F. Periconi, former President of the Association, Mr. Botna r, and the Vice-President of the

s BA ( a 1 en d ar

•c·r·i·m·e·s·. ·.·--------~1-·A·s·so·c·ia·t·io·n·,·M~r••J·a·c·k·St·a·n·i·sl·a·w-·

I'

I I I

1971

News

Annual Dean's DaJ Alumni Home~oming Scheduled For April

..-----------I PLACEMIENJ SERVICE I

MARCH!?,

MARCH 8 - Monday, Nominating petitions for the Executive Council will be accepted.

MARCH 11- Thursday, 2:00 P.M., Student, Faculty, Alumni Meeting.

MARCH 12- Friday, 8:00 P.M., · Feature Length Movie, 4th floor, Admission $1.00.

MARCH 25- Thursday, Last day nominating petitions for Executive Council will be accepted.

APRIL 1 - Thursday, election of class representatives to the Executive Council.

APRIL 4 - Sunday, (1-) SBA meeting of new and old representatives; (2) Nominations for school-wide . off ices accepted .

APRIL 13 - Tuesday, Candidates Day, Speeches and champagne, APRIL 14 - Wednesday, election of School-wide officers.

APRIL 24 - Saturday, The Eleventh Annual Dean's Day Homecoming.

APRIL 30 - Friday, Law Day, Installation of newly elected School-wide officers.

will review the Compensation of Attorneys in Surrogate's Court Proceedings. Professor Joseph T. Arenson, a Professor of Law, New York Law School, Counsel to PublicAdministrator, New York County; Co-Author of "New York Civil Practice Surrogate's Court Procedure act" will be the moderator. The panelists will include: Gerald Adler, Law Secretary to fun.

Nathan R. Sobel, Surrogate's Court Kings County; Patrick Castelluccio, OJ.ief Law As• sistant, Surrogate's Court, :Nassau Cotmtyj Robert J. Farrell, Law Secretary to the Honorable John T. Clancy. snrrogate's Court, Queens County; Benjamin J. Perry, Chief Law Assistant, Surrogate's Court.

Bronx County] and Jack Turrett, Law Assistant, Surrogate's Court, New York County, The Alumni C.ommittee has comprised a luncheon program commencing with a dedication of a portrait of the late Dr. Max Reich, Professor Emeritus, New York Law School, 1921•1968.

The presentation will be made by the Hon. 01.arles w. Froessel, former Associate Judge. New York State C.ourt of Appeals and 01.airman of the Board of Trustees NYLS. The Dean of NYLS, Walter A. Rafalko will report on recent Law School's activities.

The program will conclude with a report of the Alumni Activities and a presentation of the Distinguished Alumnus Award by the Hon. Joseph F. Periconi, President of NYLS Alumni As• sociation, to the Hon. Francis T. Murphy Jr., Justice of the Supreme C.ourt, First Depart• ment.

This annual affair will be held at Pace C.ollege. The registra• tion fee is $10.00 per person for alumni who graduated in 1965 or earlier, and $"2.50 per person for those who graduated during the past 5 years. New York Law School Faculty and Senior Class members are in• vited to atten9 as guests of the Alumni Association.

Tnose unable to attend the luncheon may attend the panel session without charge.

The Dean's Alumni Homecoming C.ommittee wishes to ex• tend a personal invitation to all, in the hope that you will join them on this occassion to pay tribute to the memory of Professor of Law, Dr. Max Reich.

Send your reservations to: Mrs. Judith Gomperts New York Law School 5 7 Worth Street New York, New York 10013

INSURANCE

0 LIFE & HEAL TH 0 CORPORATIONS 0 HOMEOWNERS 0 AUTOMOBILE

JOHN R MEYER 212-697-8080

_ FR_IDA'(, MARCH 5_, 19~1

I

PAGE THREE

NE~ YORK LAW SCHOOL

,

DEAN'S REPORT

From time to time, the Dean plans to prepare comments for EQUITAS on what is being dis• cussed and acted upon at the Faculty ·Student• AlumniCome mitee meetings, and to communtcate this information to the students.

Perhaps this wUl di• mlnish some of the rumors that are flying about.

The topics selected will not be earth"shaking, but should be of primary concern to some of the student body. .

The lines of communlcatton are being further opened and the opportunity for student dialogue expanded so as to allow the Law School to continue to flourish, improve and develop as a first rate law school. lbwever, this should not be strued to mean that all student requests . when presented to the Committee will be honored by the Faculty, Trustees or &a.ff. Sometimes, the requests can not be honored due to the frame of reference within which we have to operate.

Some of the matters reviewed recently were: (1) Expanded lounge facillties• The Faculty approved placing new vending machines in the basement. It also recommended that the Dean look into the pos= sibillty of using the old bookstore room in the basement as an additional area for a student lounge, if other appropriate space was available to store school records which are presently stored in this room.

The Dean, having investigated various possible locations, reported th.at the vault room in the basement is unventilated, and too hot. The basement storage room, which is being used for student records, is possibly too small.

Other space sites are being investigated.

The Building Committee of the Board of Trustees is also study1ng this problemr the Board has felt it unnecessary to change its position regarding the brtneo Ing of food above the basement . level because of health and sanitary reasons.

(2) Legislative Assistance Bureau· This program has been presented to the Faculty. The· problem arose in that the program, as presented, combined the Legislative Assistance Program and the Legal Assistance

eon-

p~ra~culty decided that the programs be split to allow in• dividual discussion and allocation of funds.

The programs have been re .. submitted in the requisite forrn;: and will be considered by the Faculty at its· next regular meeting, Thursday, March 4, 197JI..

3) Bicycle Racks - The City will provide a free license. but not a free bicycle rack. · To provide such a rack, the Law School would have to purchase and install it, and also take out $300,,000/$.500,000 bodily injury and $50,000 property damage In= surance, It was decided that no further actlon be taken, but that it be considered in con= junction with the automobile parking problem.

(4) Parking The Edison Parking Lot has been contacted and presently a plan Is belng dls= cussed with them to provide reduced cost parking for students and facility members. This plan includes the cost for parking bicycles as well, (5) Bookstore •To date. Barnes and ~ble and Lamb's have rejected any proposal that they sell books at the Law School.

Other bookstores have been contacted' and a further report will be forthcoming.

(6) Llb:r:ary 'Multi•Llth

I

materials will be avattable, The mechanism now exists which will enable a faculty member to In= form the librarian, in advance of the term, and arrange to have his materials purchased by the students at a small fee.

The balcony addition is now available for use by the students.

It was completed on schedule. January 6, 1971.

(7) Attendance requirements • It is the Law School's policy that full attendance is always encouraged, but there is an al• lowance of 150/o of the class hours (rounded off to the next full hour) for absences.

The student must maintain his own record of attendance.

Before a student is suspended for excessive absences, it is the Ad» ministration's practice to warn the student. No student will be suspended without a hearing.

Students will be put on notice by the Administration when ab• sences approach the 15"/o level in any class and the student will be given an opportunity to check his own record, and report any inaccuracies.

(8) Summer Internship Programs - Some Evening Division students have felt they have not been fairly advised of this program.

The Dean reported that what · is lacking is a '1 evening student who will communicate any openings to the Evening Division.

It was agreed that some means should be found to have the Evening Classes advised of openings.

This one summer program, last year, hired 71 students throughout the Metropolitan area. We are ad» vised this would probably be decreased this year. Our Law School arranged for 20 interviews based primarily on scholastic performance.

The Dean reiterated that Even= log Division Students applying for interviews will always be granted equal consideration along with the Day Division students.

(9) Elective Course Descrtptions to be Posted Before Re• gistration - Scope notes will be .prepared as thoroughly as , possible but with the understanding that assignment of professors might be subject to Continued On Page Eight

Faculty Speaks Out

DEAN WALTER RAFALKO .

FOR WOMEN ONLY Continued From Page One confronts them?. A second year student told me about an employment - Interview where the . first question she was asked was: .. lbw many words do you type?"

Her blood bolls, her eyes roll, her face reddens, and Betty Friedan gains a new con= vert, But, of course, the eonnection between what goes on in the outside world, and the attitudes unchallenged here at school is never perceived.

For both men and women, it is important to fight down sexual discrimination wherever it is found. Perhaps Wall Street and Madison Avenue cannot be changed overnight.

But the women students at NYLS do have the power to change things here.

It would not just be an empty, symbolic gesture. Since Phi Delta Phi's organization permeates the whole legal profession, a change in the Iraternity's policy is likely to have a wide effect on the substance of women's· rights in the profession, The women have no choice. By attending a law school, they have already made a strong personal · co mrn1 tment to the legal nrcfesslon, By yielding to complacency, they are only delay= ing their inevitable confron- · tation with a brutal reality.

Then, having done nothing to change it, they will be able only to wail against it in anguish and frustration-or brush up on their typing.

by James Otarles Il:>bbsThis year EQillTASdecidedthat better communications between the faculty, and the student body was necessary to understand and reform the educational process at NYLS. Last month this reporter surveyed the opinions of the faculty on several important questions about the future of the legal profession. I was im• pressed by the diversity of answers from our instructors.

- Future of the Lawyer In looking at the role of the lawyer in society ten years in the future. - there is general agreement that while most of today's legal services will con• tinue, a new area of public service will open up. Professor Kelman suggested that while the traditional conflicts among businesses and among people will remain for the lawyer, his role will broaden to serve those who could not previously afford his services.

He can serve these people not only in relation• ship to other people, but also as their advocate before government and business.

Most of the faculty perceive lawyers moving into the public welfare sector to represent all segments of our society.

Professor Avner believes that even the corporation lawyer will become more concerned withour social problems, and promote. a greater degree of soci.8.1 re• sponsibillty within our corpor· ations.

He remarked that •'the law seems to lag behind other changes in our society by about thirty years.

In the future our civilization's rate of change . will continue to ac• celerate. so the lawyer must accelerate his rate of change to keep up.,.

As to whether there is a new social concern among today's law students, we find more diversity of opinion.

Professor Lee believes this to be true. ..Only leadership of the legal profession will find soltidons to social problems, and it is im• portant that we turn ol.lt students-w»-are aware of these problem~ ------Professor Kelman agrees, suggesting that if society is to function properly, living to• gether and avoiding conflict. the law must be available and work• able for everyone.

"Today people are IIX)re aware of their disadvantages.

The new social concern of lawyers will help provide them with .a.means to achieve their rights."

This social concern is not new, in the opinion of Professor Schwartz, but we are more aware of it today. Another faculty member, who wishes not to be identified, said, u1 read it and hear about it, but I wonder if it is really true.,.

He ex• pressed the view that there might be more discussion today, but there seems to be the same number as in the past, who are willing to follow through with action.

What J:-.Jew York Law·· School could do to prepare lawyers for the future evoked several interesting responses. Professor Lee feels the curriculum was being enriched to place greater emphasis on public law in response to current social de• mands. He also feels that every law student needs a good basis in the fundamentals of the law.

Professor Dugan said, _ •'Tlle addition of the course on THE ADMINISTRATION OF CRIContinued On Page Five

FROM AN AGE OF CONFLICT••• A FILM FOR THE AGES!

Students To Clerk In Courts

by Joe Maltese The Criminal Law Section of the Legal and Legislative Assistance Bureau (L.A.B.) has instituted a program to provide law clerks for the Criminal Court . of New York County at 100 Center Street.

Bopefully this program will be expanded to Bronx and Kings Counties in the near future.

The program known as the Judicial Assistance Bureau (J .A.B.) came about through the efforts of Arlen Yalkut, a fourth year evening student and co-erdlnator of L.A.B., and Judge Mazur of the New York County Crimi• mlC.Ourt. _ The new program wm consist of eight-week internships. Dur= Ing this period, the student participants assist the judges of a specific part at least seven hours per week. The schedule will consist of four hour and three hour periods during which the student agrees to be a va11• able.

The eight-week intern• ships are renewable at the option o( the student.

Students will be allowed to participate in J.A.B. for as many hours as they desire, but no fewer than the pledged seven hours per we~

The students in the program will assist the judges in re• searching cases, writing o• pinions, as well as performing general clerkship duties. Teams of three students will be pro• vided for each pair of judges assisted by J.A.B. The stu• dents will be directly responsi• ble to the judges to whom they are assigned.

Although J .A.B. for the Spring 1971 semester is voluntary, it ls hoped that this program will become an elective course at New York Law School in the near future.

The purpose of J .A.B. is to afford the students the opportunity to apply their legal knowledge to the practical aspects of law.

J.A.B. will acquaint students with a practical knowledge of the functions of a court and will give them insight into the way a judge formulates his opinions. This program should prove to be of particular value to those students who wish to pursue a career in criminal law.

Students are encouraged to join.

Interested students should con• tact the Student Bar Associa• tion office.

ABC Pictures Corp. presents James Clavell's

"The Last Valley" starring Michael Caine Omar Sharif Florinda Bolkan Nigel Davenport Per Oscarsson co-starring Arthur O'Connell Madeline Hinde Yorgo Voyagis Miguel Alejandro Christian Roberts Music by John Barry Executive Producer Martin Baum Written for the Screen, Produced and Directed by James Clavell A Season Production !OriQinaJ SoundtrackAeco<dina Available on ABC/Dunhill Records and Tapes! _... lijilllll"

A Subsidiary Of The American Broadcasting Companies, Inc.

Col!:w

Filmed in\ TODD-AO

Distributed by CiMrama Releasing Corporation

IGPl·..!!w=-1

w~;~&:='~RESTARtSTiHURSDAV,JAN.28

BRO~WAY~~dw~a•H{!Q~t /oN THE EA~E~~~~&~!~I g 9_1

_, Law Student-· Div·ision iiiiiii.iiiiiil........,....._.....,...........,.

1··-

A.B.A . ....__......_......,...._

ACTIVISM OR ATAVISM The Student B~ Association represents the entire student .body chosen through the electoral process so ,precious and fundamental to our democratic way of life. But they too must be held accountable for their deeds and utterances. In the past, when they have shown courage and initiative, displayed innovation and inspiration they have received our praise. Unfortunately, the S.B.A. has chosen to handle their latest and most delicate problem in a fashion that can be described, at best, as inscrutable.

The situation arose upon the recent rejection by the Phi Delta Phi International Fraternity of a proposal to allow women to enter their portals. We condemn this policy as inveterate, narrowminded, and untenable. However, it is a fact that Dwight Inn, the New York Law School chapter of Phi Delta Phi, overwhelmingly voted in favor of admitting females to their ranks, but because of the composite national tabulation of more than 100 chapters, were still not permitted to do so.

S.B.A. either out of ignorance of the chapter's position or in spite of it, castigated the members of the local fraternity by passing a resolution to suspend all support and recognition of the chapter. This overzealous reaction was conducted without any official communica-

and Rutgers Law School.

An Honor Code at New York Law School would indeed entail additional administrative policies, and create new administrative functions.

But, based upon the assumption that the majority of students in attendance are mature, responsible and intelligent, an Honor Code drawn up and enforced by the students would be a viable expression of those standards and ideals sorely needed in all spheres of the legal community.

Specifically, the matters of attendance and grades, already crying out for re-evaluation, would become part and parcel of each individual's personal code of honor. Other areas such as the taking of exams and the writing of rapers would come within the code's jurisdiction. Details, of course, would have to be worked out. Certainly the experience and the knowledge possessed by the faculty and administration will be greatly beneficial in the Code's 1nitial stages.

Ultimate responsibility, however, must be born by those who, very shortly, will carry on the future leadership of the legal profession. Forward together we can exorcise the stagnancy and repugnance lurking within. We owe the public no less, and ourselves a qood deal more.

.By MIOIAEL

GUERRIERO•

In the early part of January, I received a letter from Tim Blake, the President of the Law Student Division of the ABA, the theme of which was the need for ending the communications gap that exists between the Diviston•s Executive Committee.and the Law Student Division Representatives throughout the country, His letter was concise and to the point. . · As he saw it the way -to end this communications breakdown was by strengthening each member school's "Grass ROOts" par .. tlcipation, I replied that his analysis of the problem was very accurate from our point. of· · view, Le, while student support for our SBA is high, there is little student support for the Law Student Division. lbw• ever, the Law Student Division is a nationwide organlzattorc.end as such, one of its primary problems is bringing a sense of belonging to its members.

I will be the first· to acknow» ledge that it is hard for any student to acquire a sense of belonging to the Law Student Division by simply paying three dollars dues and receiving the Student Lawyer Journal. Much more than this must be offered by the Division. What?

MICHAEL GUERRIERO. This year from July 4th

tion to, or inquiry of, the Magister or any spokesman of the fraternity.

To recommend punishment for the local chapter, who waged a battle against a practice of the national fraternity but lost, is a poor substitute for the constructive activism we need so desperately in this law school.

The S.B.A. was remiss in their duty and obligation to the entire student body in failing to fully investigate and discuss the facts before taking this unprecedented action. Mr. Ryan, Chapter Magister, was not even present to present the chapter's case, and thus Dwight Inn was denied even the elementary rights of due process of law. In, deed, it is likely that Mr. Ryan would have refuted the action of the internathrough the 7th, the Dlvlslon's tional body.

It is conceivable that Annual Convention will be held Dwight Inn might have pursued an inde- inNew York City. Last year I had the privilege as LSD Re• . pendent course had it received the sup- presentative to attend the con= port and cooperation of the Student Bar vention in St. Louis. Having the convention in New York preAssociation. sents a unique opportunity for We do not ask that the SBA be so- ALL our students to realize that phistic. But we do demand that the SBA sense of belonging in the Law Student Division. not act rashly, out of fear of being laThe convention itself lasts bled "apathetic", "establishment", or only a very short time when one considers all that will be "chauvenistic". In this case, the student accomplished. Among the more important matters will be the organization failed to confront the of new national officers. problem in a fair and thoughtful man- , election I would therefore recommend to ner. At this school and in this society, any student interested in running for a national office to begin it is time for an end to dogmatic technow building some type of pollniques which obtusely approach a seri- tical vehicle. 1f you are interested enough to know how ous situation.

A SENSE OF HONOR Much. has been said and written about the necessity for higher ethical standards among members of the legal profession.

In an age when cynicism and distrust run rampant, the questionable wheelings and dealinqs ' of attorneys--be they elected public officials or leaders of the business community--can only evoke feelings of disgust in the hearts and minds of the fledgling Iawyer, and student of the law.

The obvious question, then, is where does the future member of the bar commence the formation of those moral and ethical attitudes that will stand him in good stead throughout his career.

Clearly, the most propitious time is during his studies in the law school. Here opportunities present themselves daily for the student to reinforce his ethical conduct in legal surroundings. It is not enough that the student learns of contract. law and property . law. He must know of the law that instills honor into his being. ·What is being proposed here is nothing so radical nor so ingenious as to elicit cries of outrage or shouts of triumph.

In ·fact, many schools have long recognized the intrinsic validity of a code of honor instilled within the student body, including schools as disparate in teachirigs as William ·and __ Mary, West Point,

..._ __

the election of new officers is conducted I would be more than happy to relate what I observed last year.

I can be reached on the sixth floor every day.

In addition to the elections, workshops are conducted (last year the topics ranged from the urban housing crisis to draft counseling).

It is highly recommended that several students plan on attending so that the information available at these

workshops is obtained. On a less formal basis are roundtable discussions where several students very freely exchange ideas about procedures at their respective schools, e.s, how to raise money for Student Bar Associations, honor codes. guest speaker programs, etc.

The topics are diverse, and extremely informative.

Finally, when you can find the time there are usually some excellent speakers to hear.

Senator Edward Kennedy spent over two hours one morning answering the law students ques= tions at . the St. Louis convert= tion, Let me reiterate, the conven= tion is here and gone very quickIy, However, a major part of the convention is in the planning.

This year's annual meeting chairman is Tom Royce, the Treasurer of the Division. I have been in touch with his representative and informed him that we would be more than willing to share in the responsl= bilities of planning this year's convention. nus type of cooperation and participation can not be termed anything but 0Grass Roots."

QUOTE OF THE ISSUE "I was brought up to love my neighbor. I was never taught to find out what color or what religion or of what philosophy my neighbor was, in order that that fact determine whether I loved my neighbor or I burned a cross at his door. How were you taught?"

Anon.

EQlliTAS STUDENT

NEWSPAPER OF NEW YORK LAW SCHOOL EDITORIAL

BOARD

EDITOR-IN-CHIEF ....•..••••••...••••••••••••••••.•.••..•••.....•.•••.••.... Bruce M. Pitman Associate Editor .••..••••.•••• ~ .•••.••...•..•.•.••.•.•••.•.•.••••••••.••••••••••.•• Marvin Raskin Phi Delta Phi Contributing Editor •••••••••••••.••••.•••••••••••••••••••. Marvin Kramer Business Editor •••••.•••• : •...••••••••••••.•••••.••.••••••••••••••••••••••••...••••Peter Tangredi

STAFF Phillip Kenney James Dobbs Charles Revelli Lyndon Parker Allan Pullin Joseph Maltese

FACULTY

ADVISOR:

Sol t 1erskowitz Robert Schweitzer Marvin Mintzner Steven F. Pugleise Arlen Yalkut Alan Gelbstein

Mike Macklowitz Dave Meiselman Rick Entin Joe Risoli Martin Mintz Al Zukor

Professor

Mitton

Silverman

EQUITAS is published jointly by the Stuc:JentBar Association and Phi Delta Phi Fraternity, Dwight Inn Chapter. The views expressed herein are those of the r>twspaper or its by·lined repor_ters and do not necessarily . reflect those of the student body,. admin1strat1on or faculty unless otherwise specifically stated.

Mailing Adc:Jress: 57 Worth Street, N.Y.C., Telephone: W0-6-3500 Ext.12

N.Y. 10013

·PAGE FIVE

NEW YORK LAW.SCHOOL

-to nowhere or the World Trade

ltEf"F.ERS TO TM~ EDJTOR' EQUITAS invites its readers to write "Letters to the Editor" on any topic relevant to the New York .Law School community. The right to . edit letters to conform to space requirements is reserved by Equitas.

If one wishes to remain anonymous, he should sign the letter and then indicate that he wishes the letter to be published anonymously. Let· ters should be sent either to the Editor of EQUITAS, New York Law School, N.Y.C., N.Y. 10013, or deposited in the EQUITAS mailbox on the main floor of the law school building.

On Revelli

-------__;...----~J;....

, f R OM THE EDITOR 1: a W CAl!lilm L F v I'· g

By RICHARD A. GREEN

.

To the Editor: • • .And it is any better to wrap oneself in the flag. be= moaning the fate of "our" Re• public?

Does Mr. Revelli assume that 11We" have a senator and the "decent" people will rally to the cause and overwhelm the "effete peace snobs"'?

A little too easy.

Through the verbiage perhaps a glimmer of comprehension of the real and tangible problems appeared, only to be submer= ged in diatribe. I-bw does Mr ..

Reve111 propose to deal with the economy--surely Catawba on Co. is not showing losses now. What about the War, pol» lution and, primarily, the redistribution of wealth?

Instead of flagellating the nberals, whoever and whatever they are, one mu~ examine the composition of that Establishment which is milking the populace; Surely H. L. Hunt, Boward Hughes,

Robert Welch et al.

would not consider themselves "liberal".

Mr. Revelli might be interested also to examine the backgrounds of "Our Great" President and his team members.

He might find that the majorlty of them, proponents all of increased military might. SST, incarceration of political prisoners, computer files on the citizenry, ad nauseum, are from the very background which he considers "decent" and "Amerl» can".

The truly downtrodden in this country have no voice.

It is whimsical to believe that Mr. Buckley will become their champion.

I:t is facile to say, ''if you don't like it here•-leave"; one hears that in all too many contexts.

I! is equally facile to say "burn it all down", Bow do we fix it?

It would begin with food. cloth= Ing, housing and medical care for everyone, at the expense of state and local governments, with national standards.

(Did we need the Mall in Albany, or all those 6•lane highways

Center ?) We must consider seriously. ways. to control popu• latlori and . pollution. and. we .

-m ust put some effort and money where our mouths are.

Linda Sosnowitz

Agnew Editorial Editor Equitas: Your edhorial re Agnew contained the most assinine (sic) and ignorant statements I have ever heard.

You are either wholly ignorant - unbelievably stupld - incredibly naive or indebted to your imagination for your "facts", What a raf e (sic) of logic!?! Maybe you're entitled to compassion, and not contempt.

What the hell did you know about Joe McGuthy? You were about eight years old at the time of his heyday.

And you won't be able to shine Agnew's shoes with the diploma you're going to get.

With all the emphasis at my command, I say to you, "get me the hell off your mailing list."

Sol Feder (Equitas encourages comments by our readers and staff covering the entire spectrum of poli« tical thought.

We regret your request that we remove youfrom our mailing list and hope you will reconsider.

Jt is unfortunate indeed that a member of our profession should fear exposure to new ideas. Ed.)

nection between current pro= method than the grand jury.

The jury system will remain, write a publishable draft of a blems, and the study of older according to Professor Lee, Comment on a Recent Decision. cases, according to Professor as well as learn to perform Kelman.

"What is needed are unless our judiciary approaches the British judiciary in excel= the usual tasks required for the informal seminars in addition proper functioning of the Law to required classes to help lence. Professor Dugan empha> sj.z~ that, "the keystone of our Forum.' students relate the law they Continued From Page Three system, the presumption of inFinally, it should be not'ed that learn, to the law they are Inuntil proven guilty, students are not offered Canditerested in." She added that nocence dacy until after the first full MINAL JUSTICE to the cur- a ]f strong basic program is must remain fundamental. riculum· has done much to inyear, so that they may have judges and other arms of [usneeded to prepare the lawyer the clinical field an adequate amount of time to crease nee would work full-time, many to function properly. determine whether their full experience of the law student." of the problems of congestion The problem of overcrowding While the new electives are schedules permit the addition of our courtrooms has been would be eltminated," of law review participation with• a step toward providing a more Professor Kelman believes we given wide publicity recently. out sacrificing the quality of flexible curriculum, Professor must keep the jury system, even Orlef Justice Warren Burger has feels that the basic their law school work. In any Avner. suggested that the jury be in civil cases, because the jury event, night students, just like program of study is valuable. limited or eliminated from civil adds an element of justice into day students, have an opportunity I:t allows us to have an evening the law. In most cases, except cases. an op• to participate on law review for program -which offers . Professor Avner agrees that those of extreme technicality. a full two and one-half years. portunity to those who could not in civil cases, particularly tort such as patent cases. the jury study law any other way. and negligence, the jury is can insert other factors. such Professor Schwartz stated that ••doomed to extinction", and as common sense, into the julegal training should take dif • dicial proceedings. that some other procedure, ferent approach;' Legal trainIn my conversations with the possible copied from the ing ought to focus on the train= . National Panel of Arbitration, Continued From Page One faculty there was basic agree= Ing of a lawyer, rather than a will evolve. Professor LoLordo ment on the expanding role of and 950 in number. As a result judge, and should therefore be Dean. indicated his belief that in civil the lawyer in society and the Other important issues covered of the increase in application taught by studying procedural need for better legal education cases we are moving in that rate, the standards for admlswere the IX>ssibillty of having matter, rather than the :Most faculty direction by reducing the num= in the future. a spring recess. . The S.B.A. sion will become more strigent, opinions of judges.

Students member feel that while the ber of jurors.

He asserted The meeting also concerned it• has been corresponding with the are not able to make the con= that in the crirnlnal area the basic course of study must reDean and the Court of Appeals self with the condition of the jury system will not be main. it must be supplemented on the requirements and pro• dining facllities. The SBA has disturbed.

The problem in with more practical legal ex= secured seven new machines. cedure of other schools during the perience and seminars that rethe spring term. The Student, An area will be designated so SUPPORT OUR ADVERTISERS this area is to minimize late the law to the many pro= prejudices of the jurors. and that in case of machine trouble faculty, Alumni committee re• blems societv faces. find some less cumbersome a prompt refund of· the lost ported that, under the auspic~ money will be made.

The only of Prof. S1rnak, the library will be kePt open beyond the new problem that may arise scheduled hours if two or more from such gracious living is overcrowding in our students are present. The ex- the This tended hours granted during the spacious dining area. past term have been abandoned problem was left for discussion at anothe~ time. due to lack of participation.

BASIC RATES: Alan Schnurman, President of The final topic of discussion $2.50 per column inch. the SBA, informed the members Full Page (5 col. x 16") $110.00 around the present of his conversation with the Dean. revolved Half Page (40 col. inches) ."

60.00 He said that, "the ·Dean made it grading system at NYLS. The opinion was expressed that the Quarter Page (20 col. inches) 35.00 quite clear ·that the admin1stra• tion's p01icy concerning at- system was often inequitable and.

Eighth Page (10 col. inches) 20.00 tendance will be held to strict left much to be desired. As an compliance." Regulations allow example, it was stated that when · DISCOUNTS: 10% discount for insertion in 3 or more issues. no more than 150/o for any one a large Research and Writing class is divided according to particUlar class arid 100/o of all NOTE: An advertiser may vary copy of an ad and still be eligible for the discount, so long as he seat number, one's final grade classes. Arrangementsarebeing continues the same size ad. could be off-set in either made whereby a student who approaches the danger point will direction as a direct result of ' CONTACT: Business Editor, EQUITAS, New York Law School, 57 Worth Street, New York City, receive a warning of his posi- which instructor one is assigned to. The question of the grading New York 10013. Tel. W0-6-3500 Ext. 12.

1t1on.

It was also stated that next system was tabled. and left for year>s admissions would put discussion at the next scheduled R•EPRESENTEC Fc;R NATIONAL At;V.ERTISING ~y ~ ~ NYLS student bod~ between 9'25 meeting, April 4th.

Each year at about this time the New York Law Forum reassesses its needs and based upon those needs offers Candi= dacy for Staff Membership to first-year students. Essentially the reassessment involves a determination of how many addi= tional students will be required to off set the loss of those graduating so as to fulfill both the short range plans of the incoming Editorial Board and the long range plans of the Forum as a whole.

Usually, the Law Forum offers Candidacy to the top 100/o of the first-year class whose members must then learn to use the Uni• form System of Citation, and

fraGt1ffy

Speaks Out

SBA Examines Prroposal

. .

Advertising Schedule.

National Educational Advertising Service!i ~ ~ ~-

Open your heart. Empfy your hands.

And roll up your sleeves.

W,ith The American Red Cross.

A DIVISION

· ltlEADEll'8 DIGE8T 9ALE8 360 Lexington Ave., New

OF

a

8EltVICES, INC. York, N. Y. 10017

:; "' p

"' ·

Conversation Wit~ Professor Schwartz

by David Meiselman Many of us in law school to= day question the methods by which we receive preparation for what awaits us in future years.

As we dutifully plod along our assigned courses, we look askance at the accomplishments of lawyers who have trodd en a similar path and found their Mecca-and wonder. We are engulfed by the permeating sensationalism provided by the medias television with its surrealistic emphasis on the tdealism of youth and law, all in a one hour-long show, late-nlte .. Hollywood-style'~ appearances

by Bailey, Belli, or Nizer; journalistic extravaganzas about Nader, Kunstler, or Walinsky.

Can the system that produced menllke this be failing us? . Many students are asking this question of each other. Wondering whether members of our faculty are concerned with the same problem, we asked Pro= fessor Louis E. Schwartz and found that he is one who not only perceives the problem, but is trying to do something about it. An individual who not only cares about the legal profession, but also about how the young men and women about to enter it can best be prepared to cope with the legal problems of our ever-demanding populace.

Professor Schwartz has writ• ten many law books, and has taught Evidence, - Damages, Trials & Appeals, Torts, Advocacy and Procedure.

He is· a believer in young people entering the profession of law, but feels that the legal edu= cation provided is failing to meet the demands of both student and society. The present methods are not practical enough; they don't ask the law student to take an active pat in the learning process.

Many years ago the law schools were not interested in, nor did they think it was part

train prospective lawyers in the ability to collect the facts. to analyse both the facts and applicable law, and to establish these facts.

In order to do this, there is something else that needs change.

There must be a reevaluation of the textbooks which law students use. Professor Schwartz advocates the implementation of law books - rather than case books. "Every law student spends about $.500 for books during his stay at school, and after they graduate . how many of these books remain on their shelves?

How many of these books do they ever use or look into again?

When asked about what an ideal law book should consist of, the Professor said, "part text, part extracts f rom cases, and in part, problems to be solved by students in class. 0 · In. teaching law, Professor Schwartz goes on to say, we PROFESSOR SCHWARTZ should follow recognized pedaProfessor Schwartz believes gogical principles. In teaching law schools must have a common any subject, it is customary to with the simple before objective of training their start students to be lawyers, not plunging into the complex. The judges, or social scientists nor same should be done in law. professors. ''What we must do Instead of delving immediately is produce practicing lawyers, into the very intricate and somenot that it is bad to have other times controversial principles, side effects - lawyers will in• the student should have a condeed become judges, social ception of how these principles leaders and professors - but arose, and how they are releprimarily the objective of the vant to specific legal problems law school should be to pro- and to their needs as lawyers.

Professor Schwartz feels we duce lawyers."

In order to do this we must are dealing in self-deception have a change in our point of when we study "cases" in case view. Professor Schwartz sees books. "h is a misnomer. This the method of teaching "the law" is the result of brainwashing. that our students as unsophisticated; there is no The cases such thing as "the law" per se. read are not· cases. They have any resemblance to The lawyer should be interested hardly A case a student' reads not only in "the law .. but also cases. in the facts. Indeed he should has about as much resemblance consider "the law" as an Im- to the actual case whose name portant and integral part of the it bears, as the epitaph on a facts of his case. h is the "tombstone resembles the man duty of the law school, Pro- lying underneath." fessor Schwartz believes, to Continued On Page Seven

of their responsibility to. pre= pare students for the ordinary activities of the legal proffes• sion, Today, at least, they are aware and recognize their obltgation to produce law graduates who can do a competent job in their chosen profession.

The question remains, as the Pro• fessor reminds us: what method must we employ to ameliorate the situation.

FOR THE FINEST IN COMMERCIAL PRINTING YOU CAN DEPEND ON ...

WESTWOOD PIUBLISHING COMPANY,

\

A FULL-SERVICE PRINTING HOUSE PRINTERS OF

EQ.AS COMPOSITION - TYPESETTING Computer Typesetting System, Varityper, Headliner, Filmotype ART WORK Two full-time artists to assist in imaginative layout and design CAMERA ·woRK Three cameras available, full photographic

and offset facilities

PRINTING Offset printing on 11 presses including both sheet-fed & web presses BIND!NG Complete bindery facilities at our disposal

We Can Solve ALL Your Printing Problems

166 FAIRVIEW AVENUE WESTWOOD, N. J. Phone: ( 20 I ) 666-0550 l_

FRIDAY, MARCH 5, 1971

NEW YORK LAW SCHOOL

PAGE SIX

Tbe Predecessor Of Professor Schwartz

By GEORGE FARKAS Most of us are familiar with Professor Schwartz's innovation, legal education through casettes. The idea is being hailed as revolutionary in legal circles and it holds great promise for the future study of law. The idea, however, is not a new one. Recently, this reporter uncovered a long lost manuscript written by William Shakelance, distant cousin of the Bard, and a contemporary of Blackstone.

The manuscript is intended for use with a casette, when the latter is discovered. Shakelance was a famous barrister in his days and was also· a professor of law. Among his more famous statements, one that has survived the years, was made when he met Blackstone at a theater one evening -and said to him: "Who the hell asked for your comments, anyway!??" · Following is the manuscript:'.

THE TRAGEDIE OF RITA KAYE in IV acts Dramatis Personae Egleberg - Physician Julius - the Judge Coppo - a Policeman Clerks, bailiffs, onlookers, etc.

Rita Kaye - Plaintiff Joe Doakes - Defendant Nizerius - 1st Barrister Clarencius - 2nd Barrister

Scene: the Courtroom Act I, scene i Enter Plaintiff, defendant, Barristers, Judge, etc.

Clerk: Hear ye, hear ye, the Elizabetha-court is now in session I! 1st Bar: (Aside) Tis day, I must make a good impression upon this black robed wisp of a man who callst himself judge.

Julius: Nizerius, I implore ye to budge.

1st Bar: I calleth the Plaintiff!!!

Enter Rita Kaye 1st Bar: Thou art the plaintiff, are ye not?

Rita: I am.

1st Bar: Speak, thou fairest flower, tell us thy tale!

2nd Bar: But lo, an objection do I behold!!!

Clerk: Act I, scene i, objection I. 1st Bar: Didst thou ride upon thy wagon seven score and a fortnight ago?

Rita: Tis true, I did indeed ride.

1st Bar: Werst thou struck in thy rear by that misbegotten miscreant of nature, he who calleth himself the defendant?

2nd Bar: But lo, I behold another objection!!!

Clerk: Act I, scene i, objection the second!

1st Bar: Clarencius, thou foul fool full of tongue!! Must ye open thy cavity upon every moment, canst thou not keep thy befatted mouth shut??

2nd Bar: Thou speakest of tongue, Nizerius, whose tongue drippest with the fat of thy jowls and the blood of thy clients???

Julius: Tis enough!! Keep thine respective mouths shut or I shall cite ye in contemptl ll 1st Bar: Thou art a contempt your lordship if thou threatenest us!

Julius: Tis too much!!! Full fathom five thou wilt lie for thine words, Nizerius! ! ! ! !

1st Bar: Thou art a real heavy, aren't thou?

Julius: What has become of this court? I canst not go onll Rita: Perchance your lordship would care to imbibe in a bubbling brew of pekoe and orange pekoe, that comest from my Lyttle Cup Tea Shoppe?

2nd Bar: But alas, I shall interject an objection!!

Clerk: Act I scene i, objection the third!!!

1st Bar: Objections upon objections are cast upon us. The air is foul with the fastidious fussilade of Nizerious. I implore thee, 0 jaded Julius, adjourn this atrocity until the morrow.

Julius: I shall grant thy motion, Clarencious. Sheath thy weapons till the globe of light shall come upon the horizon, and thou shalt resume thine verbal vitriolics thence.

1st Bar: (Aside) He lovest to hear himself talk.

Clerk: Court is adjourned.

FAST FORWARD Act II Clerk: Hear ye, hear ye, the Elizabetha-court is now in session!

1st Bar' I haven't more queries of tis' unfortunate plaintiff, whose life stands shattered before thee!?

2nd Bar: I deliver myself of another objec .....

1st Bar: Enough, enough, thou art an objection!!!!!

Julius: Hast thou a query of Kaye, 0 confounded Clarencius?

2nd Bar: Nay, jocular jester of jurisprudence, I haven't.

Julius: Call thy next liar, Nizerius!

1st Bar: I summon Egleberg, the physic!!

Enter Egleberg 1st Bar: Thou art a physic, Egleberg?

Egleberg: As much as thou art an advocate, I am!

2nd Bar: Behold; I object to the qualification of the witness! I Julius: Thou are sustained, Clarencius! !

1st Bar: Perchance thou shouldst take thine objections and shove them.

Julius: Call thy next witnessl!

1st Bar: I call Coppo, the constable!

Continued On Page Eight

FRIDAY,

MARCH 5, 1971

PAGE s·EVEN

NEW YORK LAW SCHOOL

Annual SRring Dinner-Dance Set for May 7 Social Event To Be Held At Holiday. Inn The · Annual

Spring Dinner=

Dance of New York Law School

has been set for May 7 at the fuliday Inn of New York on 57th Street in Manhattan, according to a statement issued this week by dance co-chairman, Michael Rehill.

CONVERSATION WITH .

PROFESSOR SCHWARTZ Continued From Page Six The case book method spoon= feeds the student into believing that the facts are always known and ready at hand, that the truth is always apparent, and that all a lawyer has to do is find the law.

They fall ta understand that truth may have more than one side, and there might be a difference of opinion on the true facts.

The out• come of the case is more likely to depend on the discovery presentation and proff of facts, rather than a mere research of the law."

Our greatest need. says Prof essor Schwartz. is ·to provide means for student participation.

••It is not enough to listen to lectures, although lectures are needed; it is not a matter of observing staged demonstra• tions of lawyers in action. al• though this too is needed; for true learning students must participate. n This "learn by doing" method cannot be overemphasized by the Professor •.

He feels that students must partake of practical experience as much as possible.

The clinl» cal programs are attempting to activate the student. but the law school must . train the student before he gets into clinical act! vities.

0

ber,

This ceremony was the conclusion of a five week pledge program which introduced each of the new members to the actl= vltles of the fraternity.

Each candidate took the required pledge exam.

Six first year students also took part in the pledge program, but were not admitted because of a fraternity by-law which prohibits the induction of a first year student until he successfully completes his first semester in law school. These first year pledges w111 be admitted to the f raternlty during the second semester.

This Fall's pledge program was characterized by a new wrinkle, New brothers of Dwight Inn: (L to R) Barry Sarkesran, Al Waldon, in that seven . women students Joseph Czechoswski, Peter Tangredi, John Lo Presti and Lenny Man- of the evening division made ap. plication to be admitted to Phi cusi. Seated: Bill Polignani, Pledgemaster.

Delta Phi. Historically.

Phi . Delta Phi has only admitted men, cess, women never before requesting admission.

In a poll conducted PURCHASE YOUR TICKETS Sarkeslan, by the ·International F raternlty• On Friday. December 18. 1970. Tangredi. . Barry the Dwight Inn Chapter voted TO THE ANNUAL SPRING the Dwight Inn Chapter of the John Lo Presti, Al Waldon and overwhelmingly to admit women.

DINNER-DANCE International Legal Fraternity of Lenny Mancusi.

However, this sentiment was reFROM ANY MEMBER OF THE Phi Delta Phi conducted its an= The initiation ceremony was jected by a majority of the ChapFRATERNITY nual Fall initiation program. presided over by Dean Walter ters. Consequently, untllfurther Six new brother were inducted OR IN THE BASEMENT OFFICE into the fraternity.

They are: A. Rafalko, who gave the Ira= change. Phi Delta Phi w111 conternal pledge to each new rnem= tinue to admit only men.

Joseph Czechoswski, Peter

The dinner-dance is sponsored

by IMlght Inn of Phi Delta Phi, but ls open to the entire law school. community. It promises to be the outstanding social event of recent years at NYLS. It is hoped that this year's affair will draw a large response from all segments of the law college.

This affaif is traditionally at• tended by many prominent members of the bar and the [udi» ciary, Co-chafrman Rehill promlses that the guest of honor will be one of the best known names in the legal profession today.

This is also the affair at which the annual Professor of the Year Award is presented.

Tickets are available from any member of Dwight Inn or at the fraternity office in the basement.

Full student support is needed in order to make this affair a sue-

Pledge Pr:ogram Underway

lAMB'S BOOK EXCHANGE Of:f.i~ial N. Y. flaw S€hool Bookstore

SBA WITHDRAWS RECOGNITION OF PHI DEL TA PHI Continued From Page One months to correct this situation and has done rothlng,", He said that all that the SBA needed to know was that the fraternity refused to admit the women.

The resolution was passed.

Alan Schnurman, the president of the SBA and also a member of the fraternity, had the power to table the resolution until the fraternity could present their case.

However, he did not exercise his power apparently attempting to remain neutral.

He said later that he was in favor of women being admitted to the fraternity, but that he personally favored a wait and see position.

In a similar ·move Walter Rafalko, dean of the law school, said that he planned to take no official steps in the matter, and p~f erred that the fraternity 4n<l the SBA work out the problem together.

He added, however, that he favored the admission of women. and said that it was "inevitable".

Meanwhile, Edward Ryan. the Dwight Inn Magister • soon after the applications were filed, had notified the Executive Director, F. x. Kaine Crowley, of the seven's request.

Mr. Ryan explained, "This is not a new matter with Phi Delta Phi. · Jn the summer of .1969 the former Magister of IMight Continued

On Page Eight

FOR EXAMS - SMITH'S GILBERT'S HORN BOOKS OUTLINES C~SE BRIEFS

1

121 tiv·ingston Street· Brooklyn, N.Y.

875-1491

)

REVIEW SERIES

PAGE EIGHT

NEW YORK LAW SCHOOL

Cambodia And taos: 1!11e Rig.ht Decis.ion

by Jon Hilgeman NJw that several months have passed since the invasion of Cambodia by United States and South Vietnamese troops, the following question demands a hearing: Were we too hasty in our condemnation of government policy?

The answer to this question depends on whether or not the reasons for this condemnation were justifiable.

Some of them were .that: (1) The invasion would not achieve any worthwhile goal; (2) It was an unauthorized and unwelcome invasion of a sovereign nation; (3) The cost in American lives would be too high; (4) Cambodia would fare better under NJrth Vietnamese domination.

Before the Cambodian invasion NJrth Vietnamese troops in Cambod\a could reach Saigon in approximately the same time it takes the dashing commuter to return home from New York City on the "world's finest railroad".

The defense of Saigon was a tremendous and constant pressure on the al• ready heavily burdened South Vietnamese Army.

Once this pressure was relieved by destroying the vast food depots and weapon caches, and forcing the 1'brth Vietnamese to aban= don that area, the South Viet• namese Army was phychologi= cally and numerically strengthened.

Militarily, vis a vis log= Istlcally, the NJrth Vietnamese were set back several months.

That time was needed to train ·additional soldiers to replace American in the field.

The Naval Officers Candidate School at Newport, Rhode Island, alone, trained two hundred and fifty Sooth Vietnamese officer candidates in the past four months.

Secondly, that the invasion of

DEAN MEETS WITH STUDENTS TO DISCUSS PLANS FOR LAW SCHOOL Continued From Page One 'He noted further thatfuture plans call for the incorporation of the school's building at 47 Worth Street into its overall program.

One of the crucial problems that arose again and again throughout the meeting was the shortage of f unds in the Law School's operating budget. S.~ gestions were made that the tuttion be raised and additional fees added, but while many of the middle class students present felt that money would solve most of the school's problems the Dean noted that even if money were not only to talk, but indeed shout over the ostensible objections of many working students and students from lower economic backgrounds, critical trouble areas would remain.

With regard to administrative procedures, ~n Rafalko pointed out that while he can make recommendations to the Board of Trustees, they make the final operative decisions in many of the areas affecting student life.

He emphasized, however, that his door was always open to hear student problems and grievances, and that he would recommend all seriously thought-out proposals to the Board and the Faculty Com• mittees.

Many complaints about the faculty arose during the meeting, the chief one appearing to revolve around the issue of grades.

Many students felt that ' a system · of anonymous

Cambodia was unauthorized can. not be denied.

Offlcial statements of the Cambodian government indicated that the invasion was a complete surprtse, However, that the invasion was unwelcome must be denied. The hard pressed Cambodian Army was relieved, and the t>brth Vietnamese were forced to face a much more dangerous American and South Vietnamese threat to their East. The re= suit: After a few months, the Cambodians have secured their capitol city, Pnom Penh. and are able to launch limited of• fensives against the t>brth Vietnamese invaders.

For the Cambodians, the war will probably continue for a few more years, but history will prove that the basic human right of freedom from oppression was nurtured by the sacrifices made.

The cost in American lives was, of course, higher than it would have · been if the invasion had not occurred at all. However• this cost must be weighed against the aclilevements made· in South Vietnam and Cambodia..

The cost must also be balanced against the fact that some pressure was taken off American troops, allowing the troop with• drawal from South Vietnam to proceed on schedule.

It follows that if there are less Amertcan troops in South Vietnam, there will be fewer casualties.

Indirectly, the Cambodian in• aslon may have even saved lives.

It is argued that the t>brth Vietnamese system would be the best remedy for the Im= poverished Cambodian people.

However, the price is high; Communism permits very little dissent, if any.

0It also deliberately frustrates the acquisitive Instinct-the in• stinct to own property rights

in farms. factories, and pro• ductlve (emphasis supplied) assets generally.

To the extent that it . increases the number of jobs, it has some incentive effect, but the property acquisition incentive. which so · spectacularly powered the in• dustrlal revolution in the West, ls methodically suppressed and discouraged", Louis o. Kelso and Patricia Hetter, 0Uprootlng World Poverty", SOCIAL JUSTICE. This argument also ignores the fact that democracy and capital• ism can be, and already have been, successfully transplanted in Southeast Asia. The Mala» yans fought a long, but success= ful, war with C.Ommunlst guer= rlllas.

Today, the Federation of Malaysia is thriving. and boasts one of the highest per capita incomes In Southeast Asia.

This does not mean that demo= cracy and capitalism can be planted in Cambodia without being nurtured.

It is clear that Cambodia wlll be in the unenviable position of trying tt> maintain an open society and fight a war of survival as well.

However, the story of the Cambodian invasion would not be complete without consideration of the recent invasion of Laos

by South Vietnamese troops.

Both attacks were launched for the same purpose; to deprive the N:>rth Vietnamese Army of arms and supplies.

The t>brth Vietnamese aggres• sors have established a network of jungle highways through the Laotian countryside.

The big• gest and roost Important of these is the Ho 01.i Minh Trail. It is the artery that feeds the huge t>brth Vietnamese Army in Cambodia, Laos. and South Vietnam.

With this lif ellne severed the t>brth Vietnamese military ef• fectiveness will be drastically reduced, at least in South Viet• nam and Cambodia. Providing that the Laotian invasion ls completed, it will probably do more . toward achieving permanent peace in Cambodia and South Vietnam than did the successful Cambodian invasion.

FRIDAY,

SBA WITHDRAWS RECOGNITION OF PHI DELTA PHI Continued From Page Seven Inn led a movement at the national convention in favor of the admissiQn of women." At that convention the motion to .admit women was defeated.

Mr. Ryan said that the Ex• ecutive Council agreed to poll the individual Inns to see how they felt about the change. A minimum of 60 votes, a. two thirds majority, was needed to· change the constitutional· clause relating to the applicants sex.

Unfortunately the fraternity's constitution has another provision which related to voting procedure.

It established that any vote not received counts as a negative vote.

Thus. it was that 45 Inns voted to admit women. a these seven were late and not counted.

Seven Inns voted "no".

Of these two were located in Florida, two in Texas, one in Georgia, one in Mississippi, and one in Alabama.

But 29 schools abstained from voting. This made a total of 36 negative v.otes. nsince there was such a large number of abstentions there ls great doubt as to the accuracy of the vote taking", said Mr. Ryan, "therefore I have requested the Executive Director to repoll the Inns and count

MARCH 5, 1971

only the votes thatare returned."

Mr. Ryan explained that this procedure could take some time since it involved another con• stitutional revision. .. The issue will probably be held over for the bi-annual convention meeting this summer.

In the light of recent developments, it is very likely that worn en will be ad• mitted by next fall."

Mr. Ryan expressed regret at what he termend ''the sudden and hasty action" of the SBA. .. After all", he explained, '-W.e fraternity has been aroUild for over 100 years. It is· · very difficult foranorgan~ation which relies on part time members to make sudden changes.

There are procedural difficulties which take time to overcome.

In the meantime · I do not think that we should be penalized or cerisured. Besides no one from the SBA has even bothered to approach me as yet concerning · the issue.

How · can · they censure us without even a hearing ?"

Since the passage of the re• solution, the Administration has decided not to withdraw their suPport of the fraternity. Evi• dently they ,would rather ''wait and see". whether the fraternity can solve the· problem through regular channels before exert• ing any force.

And the SBA, even though less patient than the faculty, are in no position to do more than pass a token resolution at the present time.

The Predecessor Professor

Of Schwartz

Continued From Page Si" Enter Coppo.

1st Bar: Art thou a constable?

Coppo: Si. 1st Bar: What are you called by name?

Coppo: Cy. 1st Bar: Cy? Coppo: Si. Julius: Canst thou not reply as a witness should? Art thou not aware of the profundity of tis proceeding; that we stand here to deliver justice upon the innocent and punishment upon the guilty? Dost thou perchance understand? grading would insure equity of Coppo: Si. treatment to all students. Dis• crfmlnation in grading was menJulius: Mine aural nerves cannot take this man. Call thyne next was that all students receive a tioned. as was the consistently witness, Nizeriusl I first-rate education at New low grades many professors 2nd Bar: I object, 0 jaundiced Julius, canst I not examine tis witYork Law School, and that this turned in on their students. ness? was indicated by the results of Lateness of receipt of grades and failure to return test the Bar Examination, where the Julius: Thou objectests?? !I for this school was 2nd Bar: Si. papers or explain reasons for average higher than that for New York Julius: grades given were also sources No morel!! Myne cup hath runneth. over. I declare tis State. of dissatisfaction.

Dean Ra• trial to be endedlll After the general session broke falko sympathized in many inFINIS the Iean spoke with a stances with what he felt to be uP, . So ends the transcript of Shakelance's Tragedy of Rita Kaye. Relegitimate -complaints, but ex- smaller number of students who of cognition of the talent of Shakelance has finally arrived. ·Professor pressly declared that he did not remained to learn more wish to interfere with the aca- specific programs and to pre• Schwartz' Advocacy courses and texts have finally brought to light sent problems of a rrore perdemic freedom of the faculty. the genius of this Elizabethan barrister and advocate. Shakelance was sonal nature.

As a whole, the The issue of an overriding never, and never will be, as famous as his distant cousin, which is forum was well planned and re• need for a full-time placement inexplicable. As Professor Schwartz is fond of remarking: Several individuals, office arose at several points presented. of the discussion, and again the of course, were opertly antago• "It don't make no sense. If he don't write his manuscript, issue of finances reared it's nistic and appeared eager to · my books don't occur II I" head.

Observing that an addi- engage in per"sonal confrontation tional $20•30,000. would be re- with the Iean. quired as a minimal figure to EQUITAS Non-Profit Org. DEAN'S REPORT sustain a placement officer and New York Law School U.S. POSTAGE Continued From Page Three· his staff, the Dean, while in full 5 7 Worth Street PAID agreement with the desirability New York, New York 10013 of having a professional place- -change.

The full · course New.York, N.Y. ment service, questioned its description and the professo~ Permit No. 9934 feasiblllty at the present time. assigned or engaged to teach In this regard he commended the course may not be prepared Miss Gravenhorst for her ex- as fully as might appear in the cellent work as co-ordinator of catalogue at a later date. student placement and noted that (10) FiUng of Past Examilast year everyone who used nations in the Library · - It the service was placed--duealso was decided that this was a to the efforts of the SBA. decision which should be made The Dean reiterated his full by the faculty. Thereafter, the commitment to the Evening Di• f acuity decided that, at the disvision, assuring that so long as cretion of each faculty member. he remained Dean there would a copy of his past examination be "equality of treatment" be• could be placed with the Ii• tween the Day and Evening clas= brarian. ses, Several of the students These were some of the items. present, however. felt that the discussed, and the actions taken. existence of an Evening Di.vi• Hopefully, the Pean will be able sion contributed to the alleged to report additional progress in low academic reputation of the the future.

Progress comes school. Dean Rafalko's answer slowly - but it comes.