Equitas, vol VIII, no. 2, Monday, November 1, 1976

Page 1

Vol. VIII -

No. 2

Copyright, EQUITAS, New York Law School, 1976

Monday, November 1, 1976

Vandals Plague Library By Jonah Triebwasser Reported incidents of library vandalism and thefts are increasing according to NYLS Chief Librarian Andrew Simak. Prof. Simak indicated that this type of loss is a common thing at most libraries, but he is receiving more reports of books missing this year from students unable to complete their assignments. He estimated that the library loses an average of $1,000.00 per year to thefts and vandalism. The library staff will not know the extent of this year's A prospective law student was entertained by the musings of the damage until an inventory is percurrent crop of legal neophytes at the SBA Okoberfest earlier this formed next summer. Are any pages cut out of these volumes? month. Full story, page 8. .Acquisitions Threatened The cost of replacing the stolen m.ent of books and the institution ing damage to library property, or damaged volumes is deducted of security measures will mean that student will be reported to from the library's acquisition greater costs, which in turn will the appropriate school disciplinfund. "This is money taken out mean increased tuition." ary body. Simak felt that anyone of the student's own pockets." deby Rick Ross apprehended should be dealt with Swift Action clared Simak, "and if this sort Lawyer, law professor, policy scientist - this is Myers McDougal, of thing continues, the replaceIf a student is apprehended do(Continued on Page 2) the courtly silver-haired gentleman who has joined the NYLS faculty. Professor McDougal is conducting classes on "Jurisprudence" and "Human Rights and Law, Science and Policy." As a policy scientist who also happens to be a member of the by George Schwarz legal profession, Professor McDougal views the profession as The NYLS Moot Court team's chances of winning this year's competition suffered a serious setback both indispensible and thoroughly last week when, due to an alleged printer's mistake, they handed in their printed brief after the deadline. enjoyable: it is indispensible as According to Christina Storm, it affords societal controls and Chairperson of the Moot Court preserves, freedom; enjoyable beBoard, the measuring brief was cause he is a part of that process. He points out that if people really understood the nature and role of As this issue went to press, the leg-al profession they would Christina Storm, Chairperson of realize that it is as important -to Moot Court informed EQUITAS society as medical science. Prof. Myers McDougal that the NYLS team will not be To understand the legal profession, it is Professor McDougal's mankind - ridiculous!" The com- penalized for the late submission contention that it be viewed as a mon notion of law, he suggests, of the printed brief. science. He asserts that it is the "should be supplanted by the noscience of the process of decision- tion of authoritative decision." making; law as it is commonly People generally have a miscon- handed in on time. Due to a mixunderstood is one of the "most ception of the role of law: "Law up by .the printer between the briefs of NYLS and the one to be (Continued on Page 8) absurd notions ever foisted on

McDougal & the Law

Moot Crt. Team's Trial Run

Equitas Writer Sued for Article All Parties Agree on Release by Jim Ryan Joseph Marino, founder of the Marino Bar Review Course filed a complaint in the New York Supreme Court" in Nassau County in the spring of this year. Ordinarily such an event would not merit much attention; this suit however, names as a defendant, George Schwarz. George is a second year day student at NYLS and a writer and editor of this paper. Schwarz' involvement in the Marino action sterns from an article which he researched and reported in the EQUITAS April 2nd, 1976 issue. The article was titled "The Bar Review Courses - Reviewed" and represented itself to be a comparison of the review courses offered locally. It was written with the hope of assisting 3rd year students to choose the course best suited to their particular needs.

Portions of the article, subtitled "Choosing A Course and Director's Comments", develop a scenario wherein Marino, who promotes the statistic that 94% of out-of-state bar candidates who enroll in his course succeed in passing the state's exam, is confronted with a list ~vhich supposedly shows a percentage in the 70's to be more accurate. Marino at an earlier time and in a different context, stated that listing of student results was not regularly kept by his organization but was compiled by his staff to accommodate specific requests. He emphatically denied that the list was accurate, official or compiled by his staff. The director of another local review course is quoted as saying that the pass percentage figures "lend themselves to so much fraud". Yet another director describes the }Iarino 94'/o pass

figure as "impossible". The key to the above scenario and the key to how Schwarz found himself embroiled in Marino's lawsuit is to be found in the fact that the person(s) who supplied him the list were not identified in the article except as "..othersources". Schwarz appears as the last named defendant in the caption which names a total of eight defendants comprised of individuals and business entities. The other seven defendants in order of appearance are: the Bay Area Review Course, Inc., BRI BAR Review Institute, Inc., BAR/BRI New York Bar Review, Stanley Chess, Steven DiJoseph, Richard J. Conviser and William Rutter. Schwarz is alleged to have entered a conspiracy with BAR/ BRI, Chess and DiJoseph whereby (Continued on Page 3)

The }loot Court Team gears up for this year's competition.

submitted by the NYU team, the printed brief was received too late to submit on time. This year's competition deals with federal and state regulation of corporate tender offers. Federal law requires only minimal notice to the SEC that a tender offer is to be made. State laws require notice of up to 20 days, and if a corporation makes a tender offer to residents of the state, it must comply with the different time requirements of the different states. Each team is required to present written briefs setting forth both sides of the question and oral arguments are presented with each of the 10 schools from the Xew York metropolitan area arguing each of the sides against another team.

The three members representing NYLS handle the differing aspects of the litigation. Arnold¡ Klein handles the substantive issues for the petitioner, Gregory Cannata covers the substantive issues of the respondent, and Michael Nugent handles the procedural aspects of the case. Arguing last Tuesday before an audience estimated at 25, the trio presentecLarguments before Judge Bruce Wright of the Civil Court; Maurice Nessen, a leading expert on first amendment rights; and Elliot Paskoff, a securities specialist. The actual argument involves challenges to the state laws, which are argued to be unduly restrictive and corning under the commerce power of Congress.


Page 2

EQUITAS

Library Vandalism, (Continued froJll Page 1)

A telephone survey of security consultants in the New York City area led EQUITAS to believe that such a system could cost upwards of $1.00 per volume, In this program of "security countermeasures" a flat magnetic strip is inserted in the spine of each volume. Each strip is activated by a machine used by the library staff. If the volume is legally checked out, the stvip is deactivated by library personnel. The student can then leave the library through the special turnstile.

severely since these thefts are not only an inconvenience to others but are also a criminal act. "The person who would do this has no place in the legal profession," said Simak. Security Measures Professor Simak has taken preliminary steps to curb the losses to the library due to theft and vandalism. The Student Bar Association and faculty have been asked to discuss this matter with the student body in an atempt to ingrain a sense of professional responsibility which would prevent these acts. If this voluntary program fails, the library will institute a system of checking briefcases and bags as students leave the building. Professor Simakj-also discussed the possibility. of using electronic anti-theft devices, but he feels the cost would be prohibitive.

First by Bill O'Brien

That was the way Dave Pollock described his first four weeks of studying at New York Law School. Pollock's feelings were reiterated by a number of first-year students polled on their reactions to their first month of law school. Most of the students who were quizzed seemed pleased with the quality of education they are re-

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ceivmg, "I'm satisfied with it so far and after talking with friends who are first-year students at other area law schools," stated Steve Critelli, "I'm sure we are getting as good an education, if not better." Generally, first-year students polled had high regard for their instructors. Fraser Jones felt that all his professors were "outstanding." But quickly added that he had heard from students in other sections that the law school does have some mediocre teachers. Craig Johns claimed, "the professors here appear to be more knowledgeable than my college teachers. They are also better prepared to handle the spontaneous give and take of a classroom situation." Most of the students stated that first-year orientation program was worthwhile but too long. "Much of the program was beneficial but it was dragged out and many people just fell asleep," said Joe Linton. Those polled seemed to feel that the introduction to various school administrators and professor Joseph Koffler's explanation of how to brief a case were help-

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A Strange Case For The Birds by Dennis Stukenbroeker A Future Case? (Any law review can cite you precedent, but Equitas sequent.) SUPREME

COURT OF THE UNITED

gives you sub-

STATES

United States, Petitioner, v. The As8n. of Endosujered Species et al, Mr. Justice Stukenbroeker delivered the opinion of the Court. This is a case arising out of an action seeking to enjoin the Department of Health, Education and Welfare and for an injunction to stop construction in the traditional nesting area of a migratory bird, the replevin, of a federally funded rehabilitation center for the dead. We have granted certiorari because the Court of Appeals said they mislaid the briefs, didn't feel like looking for them and besides, they were going away for the weekend and wouldn't be back until Tuesday. That's the

- The

Year

"It's difficult, tedious, and more intensified than college. The work is much more voluminous. Law school is more exacting, both intellectually and physically."

Discount Price: Reduced from

A book which has an active strip in it will cause the turnstile to lock, preventing exit until the library staff determines what caused the gates to lock.

i\:londay, November

trouble with being the Supreme Court, everybody else can do what they want and you have to cover for them. I bet they wouldn't act that way if they could be fired. The Petitioner initially contests the standing of the Association of Endangered Species to represent the replevin, called a wild bird. This Court has previously held in Schmidt v. A Herd of Goats, 427 U. S. 222, "Whil~ domestic animals can not bring actions on their own behalf, wild animals are free to act individually or in association". The replevin is a migratory bird once common across the

Way It Is

ful parts of the presentation. Sonny Clark suggested that instead of keeping the students at orientation for two days, information could be typed out and handed to the entering class. When asked if there were any ways the school could be changed to be more beneficial to the students, Don Wilson asserted that registration for first year stu-

dents could be done by mail since the administration already knows the courses the entering students must take. Others stressed that the physical facilities, especially the library, need to be expanded. "Suggestions for bettering the school? Nah, I don't have, any," said Dave Commender, "except maybe one - change the name to Harvard!"

Flu Shots Offered

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The New York City Department of Health, in conjunction with NYLS will offer free "Swine-Flu" 10th 1976.

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Nov.

and alumni of this serv-

Correction Due to an oversight the Brooklyn DA's Homicide· Bureau conviction rate was erroneously reported in the last issue. The correct rate is 85%.

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United States. Each summer it flies north to the artic circle region of Canada. Nobody knows what it does up there, but in the fall it returns to the remote 'swampland of southern Georgia in question, where, according to The Audubon Society, it "just hangs out" until spring, when it mates. Civilization has encroached on the habits of the replevin to the point where it has been greatly reduced in numbers and confined to the said swampland. The swampland, owned by the United States and put to no use since 1803, was designated for the rehabilitation center by the Department of Health, Education and W e!fare under the Use of Bits and Pieces of Federal Land for Really Relevant Social Purposes Act of 1972, 49 U.S.C.A. 888. This would entail the draining of the swamp and the construction of a several building complex rehabilitation center for the dead. Respondents claim this would destroy the ecological balance of the whole area to the degree that the replevin's life cycle would be disrupted, leading to its inevitable extinction. There are few cases dealing with the subject. The respondents cite an Egyptian case, The Priests of Thebes v. Amenhotep, 3472 Ramases 471, where the nesting ground of the sacred Ibid was threatened by the actions of a private company engaged in pyramid selling. The Court held the rights of the sacred bird to be protected. The Petitioner relies on a later. Roman case, Brutum F'ulmen. ·v. Lascivious, C C C X I V Cicero LXXII, which held for the state in its right to construct a temple (Continued on Page 6)

M, J & K COMPANY - 57 Worth Street


EQUITAS

lfonday, November 1, 1976

Page 3

Alter Hours~ Or What To Do With Your Spare Tinie by Kathy Freed Many New York Law School students have the impression that after 5:00 p.m. the streets around the school are deserted, with absolutely no place to eat, drink, or dance. Little do they know that after they have long since arrived home on the East Side, Brooklyn, or New Jersey, a surprising array of evening establishments come alive in lower

months, yet is already gaining a Manhattan-wide reputation. A new bar has opened on Greenwich Street and Harrison, across the street from Independence Plaza, the 40 story towers (where a good number of NYLS students now reside). Prescott's, as it is called, has a good ambience - some "loft people" artists, and Independence Plaza residents. It's a bit more low-key,

Thomas Street Inn a local eatery. Manhattan, and that most of them are within a ten block radius of the law school. What follows is a brief EQl!ITAS compendium of places to go to eat, drink and relax that are readily available to students when they've grown weary of the books but don't want to get on that A train yet. This list might also be useful to students who do live in this area but haven't done much exploring. Let's start with what's nearest to the school. There's no need to mention the popular Galway, but only two blocks from school is a totally new Restaurant-Disco named One's. It's at 111 Hudson Street, which can be reached by walking down Worth Street to Hudson (one block) turning right, and walking up Hudson another block. There's music and dancing every night till late and it's been said that the food is not bad. Another new disco establishment (they seem to be springing up around here) is the Lower Manhattan Ocean Club on Chambers Street, between Hudson and Church. Ocean Club has a large dance floor, but it gets very crowded on weekends. The Club has been in existence only a few

and less concerned about being "hip" than any of the SoHo bars. The drinks are inexpensive: 50¢ for Miller on tap. To get there, follow the directions to One's, but turn left on Harrison Street and walk another block toward the ' river. NYLS students are finally

starting to discover Barnabus Rex, a bar on Duane Street, just off West Broadway and about four blocks from the school. There' impromptu dancing sometimes, and a billiards table is also a feature. Barnabus seems to be THE gathering place for the loft-artist types who have moved into many of the buildings in Washington Market, the neighborhood NYLS borders. Morgan's, which is on Reade Street, almost all the way down to the River, began serving dinner only last month. Prices are moderate: Items range from a Tuna Sandwich for $1.95 to Shell Steak at $6.95. In between are such items as a Lamb Cutlet Ref'orrne at $4.95 or a Beef Bourginonne at $3.95. The generous servings come with plenty ofhealthy vegetables. A big splash was made by Windows on the World, the fancy new restaurant which it opened this summer on the 107th floor of the World Trade Center. It's about a ten or fifteen minute walk from NYLS (perhaps the most di;tant place on our list) and if you can't find it, just look up. It's been such a big hit that reservations for the restaurant are unfortunately booked through January. But there is a bar where drinks are in the $2.50 to $3.00 range. This is not expensive when you consider it includes the most fantastic view from any . building in the world. "Last call" is an 'early' midnight.

~

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Lest we forget, the Thomas Street Inn, is only a short two or three minute sprint from the school, located on (of course) Thomas Street near Broadway. But they're only open until 10:00 p.m. Mon-Fri. · Many law students have yet to discover SoHo, c on s i de r e d one of the most chic neighborhoods on the east coast and a major avant-garde art center with countless galleries. It is only a five minute walk from the school, starting at Canal Street, three blocks north of NYLS, and extending up to Houston Street. In its confines are some very popular bars and restaurants with the only drawback being that some of them are getting a bit too popular, and somewhat overcrowded.

by walking up West Broadway, where one first hits Ken's Broome Street Bar (on Broome Street at West Broadway), hangout for the downtown sophisticate crowd (according to NEW YORK Magazine). A cute feature are the blackboards on every wall where patrons are invited to write, draw, or scribble anything they wanb so long as they don't erase the menus. Food is excellent and moderately priced except for the overpriced desserts. • Sunday brunch is a good value. Walk down Broome Street a few blocks to Mercer, and you'll find Soho Darts (just look for the sign with the dartboard). It does have dart boards, and a pool table, too. But better than that, it's rarely crowded, which is unusual for SoHo establish-

Many of them can be reached

(Continued on Page 6)

Equitas Writer Is Sued by Bar Review Course (Continued from Page 1) he accepted "confidential property" belonging to Marino from one of his co-conspirators. He is alleged to have knowingly used and slanted the information to benefit himself and his co-conspirators' competitive advantage. Whether or not these allegations I wish to express my gratitude to all those who volunteered their time and effort in "1e recent law suit and especially to Assistant Dean Marshall Lippman and Arthur Fisch, a former editor of EQUITAS. -George Schwarz "in Marino's complaint are to be

read as an admission to the accuracy of the list provided by

Schwarz' "other Sources" is a question open to speculation. Concerned over the prospect of establishing a defense to the complaint's allegations and the possible expense of litigation or representation during settlement talks, not to forget a possible liability of $25,000 plus exemplary damages in the event the relief requested by Marino were to be granted, Schwarz naturally turned to NYLS for assistance.

and labored as Schwarz' counsel. Equitas offered what financial support it's budget could muster as well as the research and writing skills of its staff members if required.

Schwarz is under strong pressure by Marino to disclose the identity of his source for the . allegedly bogus list of out-ofstate bar candidates enrolled in the Marino Review and their subsequent exam results. Marino at a time early in the history of the action offered Schwarz a discontinuance in exchange for the information; Schwarz maintained a staunch posture of journalistic privilege and refused to capitulate.

The administration of the school, feeling that it could not share responsibility in an article written by a student, for a voluntary, non-credit bearing student publication, declined the request for assistance. Marshall Lippman, in an unofficial capacity, volunteered his time and professional assistance. He appeared Dean Lippman

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the Equitas reporter. It is presumed that similar stipulations were entered as to the actions against the other seven defendants.

On September 30th, Julio J. Marino as attorney for his brother, togehter with Marshall Lippman, as attorney for defendant Schwarz, entered a stipulation discontinuing the action against

XEROXING

The motive put forward by Marino for his unexpected discontinuance of the action against Schwarz and his co-conspirators is the potential of the suit to generate adverse publicity, publicity which would be particularly .devastating at a time when the Marino Review is gearing itself to serve law graduates looking forward to the state bar exam to be given in March of 1977.

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Monday, November 1, 1976

EQUITAS

Page 4

Eqnitas

On The Record

Editorials

Get A Job Two years ago NYLS did not have a Placement Office headed by a person whose only job was to place NYLS students and graduates in employment positions. Today, we have such an office. But, this alone is not enough. Ms. Robin Edwards, Placement Director, must not be forced to work 'alone. While it is commendable that her office is on the first floor of 57 Worth Street, thus allowing students easy access to it, the fact that l\'Is. Edwards is the only administrator in that office is not acceptable. Placement is a big job. In New York City with its present job market, the job is immense. It is clear that the placement office needs a larger staff. We have seen Ms. Edwards occupied with the typing of correspondence; with the purely logistical task of scheduling interview times; and with the job of typing and posting notices. It should be her function to collect all employment information, to "open doors" for the NYLS student, and to develop strong relations between our school and employers. Quite simply, no one can do a proper job of placing graduates if they are tied down with secretarial chores. ·Another hindrance upon our placement office is limited space. It is obvious that space is a school-wide problem, and that ther~.i~ little extra space available for anyone; but the recognition of this fact does not forgive the predicament of ten students 2.11 trying to make use of the placement materials at the same time and in the same 'office. One of a school's most fruitful sources of employment is its alumni. We are happy to see that the Office of Development is attempting to stimulate progress in this area. However, it is obvious that the Placement

Office must work hand in hand with the Development Office if the student body is to benefit from increased alumni interest. We propose that the offices be connected if not administratively, at least geographically. Alumni who come to see their school and who visit the Development Office should have no choice but to come in contact with our Placement Office as well. Alumni should be aware that such an office exists, and that there is a vast resource of student ability which they may tap. This is not to say that the Placement Office should be tucked away on the sixth floor or 57 Worth Street, but rather that both offices (Placement and Development) should be resituated together in an area of general student access.

A Pot Shot Although the physical appearance of NYLS has been improved during the last few years, there is still one area in need of extensive work- the bathrooms. The men's bathroom in the basement of 47 Worth St., among others, is incredible. The hot water is perpetually on, creating a steamroom atmosphere, only to be tempered by cold drafts. These factors combined wiith the germs and the odor create a breeding ground for the flies which we have all noticed throughout the buildings. While the physical bathroom facilities themselves are in a state of repair, the most crucial element is the sheer crush of students who use them. With more students expected in January, the present condition of the bathrooms may present a health problem in the school. This crisis must be answered by either increasing the janitorial servicing of the bathrooms or by constructing new facilities to alleviate the problem.

Finals Not Yet Finalized We have nothing but gratitude and reWhere is the examination schedule? Once spect for those students who contribute again, we are at the end of October, and their time and effort to complete the exam there is no posted test schedule. schedule, but it is clear that their efforts Last year, the schedule came out only are insufficient to meet the needs of the weeks before the end of the semester. Due student body. to student complaints, many revisions had We have discovered that some schools to be made. We were not 'blessed' with the post their exam schedule prior to registra'benefit' of a finalized exam schedule until tion. In this way students resultantly have the very end of the semester. This is not the benefit of this knowledge before comfair to anyone. It is not fair to the faculty pleting their class schedules. The goal of who must schedule their time accordingly. having exam schedules prepared prior to l\1ore importantly, for our purposes, it is not fair to the students - some of whom registration is one hopefully within the may be stuck with four or five exams in one competency of NYLS. week. ~ Finally, we can no longer silently stand A few years ago, the SBA requested that by and hope that the SBA does better next the students have the responsibility of makyear. The scheduling of final exams is an ing up the exam schedule. Last year, the administrative function and the administrabuck was passed with more skill than that tion should immediately assume this rewhich Joe Namath uses to pass a football. sponsibility. The Administration claimed that their The administration can no longer shirk hands were tied because the SBA was maktheir duty by saying that they are allowing ing out the schedule and the administration . for more student input.If there is no one could not get it into the students' possession presently employed with the requisite qualuntil the SBA completed it. The SBA ifications, the school should hire someone. claimed that they could not finish it early Students should not be shut out of exam because the administration did not get the scheduling process. Lines for communicanecessary class lists to them on time. tion and for student input should be set up so that student considerations and grievLet's face it, the only ones who really ances may be handled in a professional suffer from this pile of verbiage are the manner. students.

Building Plan In Works .._

With Dean Shapiro

EQUITAS: Are there any plans for the immediate expansion of the School's physical plant? Dean Shapiro: The Board of Trustees has appointed a committee to explore the possibility of building on the parking lot next to 47 Worth Street. We own that land. The Committee is also looking into the possibility of purchasing another building. As the committe expands, it will include: students, faculty and alumni. Presently, the committee is chaired by Sydney A. WooddCahusac, Treasurer of Rockefeller University, and its members are Bill Bruce, Vice-Dean of Harvard and a member of the all Harvard Building Committee; Samuel J. Lefrak, the well-known builder and President of Lefrak Organizations; Dr. Calvin H. Plimpton, President of Downstate Medical Center; Judge Froessel; and Maurice Greenburg, President of American International Group, Inc. The Chairman has already had discussions with architects. Last Spring.architects from a firm that has done much building for the University of Minnesotta visited the School to investigate the possibilities. Furthermore, I would like to make it clear that our future plans do not include the building between 57 and 47 Worth Street. The new building will face Leonard Street and West Broadway. We will either dispose of 57 Worth Street or turn it into another educational facility for New York Law School. It is not definite whether the 47 Worth Street building will remain standing or not. However, the property will be used. The committee is actively looking for other buildings as well. The Board would like to rapidly move ahead. If we acquire a building, it could be within a year's time. Also, if it becomes necessary, we will rent office space in the area to relieve any crowding problem. EQUITAS: When will next semester's schedule of classes be published. Dean Shapiro: Momentarily; It is my understanding that Dean Lippman is putting the final touches on it at the time of this interview. EQUITAS: It has come to our attention that many students are destroying library books by cutting out cases or removing whole volumes from the library. Is anything being attempted to prevent this reprehensible activity? Dean Shapiro: I was not aware of this, I hope that students come to me and to Dean Bearn and tell us when such things happen. If students see this occurring, please come to us and report it. Any student who is caught will be severely reprimanded. A few years ago a stu, dent was caught doing this and although the student was a secondsemester, third-year student, the student·was riot allowed to graduate. I will ask Dean Bearn to meet with Professor Simak to look into this problem immediately. EQUITAS: Has anyone been hired for the Solomon professorship? Dean Shapiro: Not yet; but, this is not because we have not found anyone properly suited. We are considering many very distinguished candidates and hope to make our choice in the near future. EQUITAS: What happened to the exchange program with the University of Bologna last summer? Dean Shapiro: The program began too late last year for its proper operation over this past summer. It will go on this summer and it will be announced very soon. EQUITAS: We have heard very little lately about the 3-3 program with CCNY. Is the program still in operation? Dean Shapiro: Of course, the program is in its second year. Professor Simak is teaching in this program and the CCNY students come here for class on Tuesday and Thursday afternoons. EQUITAS: Has the administration taken any steps to see that planned demonstrations do not take place right outside of the school? Students have complained that the demonsraions upset classes as well as library study and research. Dean Shapiro: We certainly have. Dean Bearn has contacted Mayor Beame's office to inform him that it has greatly disturbed our classes. with Jim Tricarico 1

/

Equitas EDITOR-IN-CHIEF Jim Tricarico BUSINESS MANAGER AND ALUMNI EDITOR Elliot S. Horowitz EDITOR EMERITUS Glenn von Nostitz EXECUTIVE EDITORS Kay Marcus, Peter Rose, James Ryan, Ed Sanocki, Bruce Torino TECHNICAL EDITORS George Schwarz Alison Greene STAFF Steven Breitman, Loraine Burger, Jim Connors, Wendy David, Robert Fraser, Neil Greenfield, Ira Pollack, Mike Soltis, Dennis Stukembroeker, Jonah Triebwasser, Rick Ross. MAILING ADDRESS: 57 Worth Street, New York, N.Y. 10013 TELEPHONE: WOrth 6·3500 Ext. 47


Ethi<al Standards Scored Protests Razoring Pages

News Briefs

by Ira Pollack

JLSU Speaker

~ The morality of the NYLS student has hit an all time low. In this period of concern about the ethics of the legal profession, its time for a comment on those preparing for legal careers. This is not the first time that a law school has discovered cases in it Reporter Systems razored out by industrious students, and no doubt will not the be the last. Something needs to be said about this horror. A Little Experiment If we were to conduct an experiment to uncover these amoral per-

petrators, we might try to correlate moral corruption with the price of a xerox copy. This experiment should be aimed at those students c!Smpetingin the Fall Moot Court Competition. However, it is not limited exclusively to them, nor does it include all of them. The object of the experiment is to determine the ratio between a per capita investment by each student in xerox copies and the number . of hours spent reading in the library. The only control we would have over the students is the Honor System. Unfortunately, this system may have as much effect here as it had at West Point. Additionally, we would have to include in our calculations the effect of "Good News" - the new 25(' razor by Gillette you use once and throw away. Apparently, the use of "Good News" to razor out cases is cheaper than xeroxing those cases, and razoring out those cases is more beneficial because one's opponents and class1{1ates would be unable to read the same case law and to make the same arguments in the competition. While the price of a thin dime, only one-tenth of a dollar, is about right for viewing a sword swallower or a fire eater and is unacceptable for a xerox copy, is a dime worth sacrificing your legal career over? While many concerned people feel it was a supreme sense of competition which motivated the abhorred acts, as opposed to money, this absurd sense of competition is so beyond us, that we may have to wait until Stardate 19.84.7 before we are advanced enough to comprehend it. In complimenting the "fine" behavior of our future associates, we might remind them of some Ethical Considerations: EC 1-2 states, ''the public should be protected from those who are not qualified to be lawyers by reason of a deficiency in ... moral standards ... but who nevertheless seek to practice law." EC 1-5 continues, "he should be temperate and dignified and he should refrain from all illegal and ' morally reprehensible conduct." . To conclude with a comparison in the Criminal Justice System, the use oj the razor to cut the pages and thereby slit another's throat is hardly indicative of any Model Behavior, yet we must remember that as a class of lawyers, we will be leading society wherever it will go, and it is not going to go anywhere if the lawyers as well as the criminals are using razors.

Announced The Jewish Law Students Union (JLSU) Lecture Series will be initiated this year by Rabbi Emanuel Rackman who will speak on "representing a Jewish Client in a Matrimonial Action", on Tuesday, November 9 at 4:45 P.M. Rabbi Rackman, currently teaching a seminar at NYLS on Jewish Law, is Rabbi of the Fifth Ave. Synagogue perhaps the most prestigious Orthodox pulpit in the United States. In addition to his law degree (Columbia '33) he holds a Ph.D. in Public Law (Columbia •53); his dissertation was "The Making Of The Israeli Constitution". Among his other activities in academia, he is presently Professor of Jewish Studies and Consuitant to the Chancellor of City University of New York on Jewish Studies. The lecture will take place in room 604 in 57 Worth Street. -Elliot Horowitz

Volunteer Needed Wanted: Volunteer readers for blind attorney working for the NLRB at 26 Federal Plaza. Call: Richard DeSteno 2648426 or contact Esther Cognato on the 2nd floor 57 Worth.

YBAB/BBI? Be~anse: OUTSTANDING LECTURES .•• faculty selected on the basis of expertise and articulateness. COMPREHENSIVE MATERIALS .•. thorough, up-to-date outlines covering all 32 areas of New York law tested on the Bar Exam - including the only CPLR summary designed specifically for the Bar Exam. COMPUTER-GRADED PRETEST •.. compares your performance with that of others studying for the Exam, and tells you what you need to study before you start. DIRECTED TESTING ... throughout the course, a continuous program to help you translate your substantive learning into the kind of exam paper the Bar Examiners want to see, by means of sample exams given under simulated test conditions (with individual grading and critiques of selected ulated test conditions and classroom hypothetical as reinforcement. CONVENIENCE ... Each lecture in Manhattan is given twice live and once on tape, so you can vary or accelerate your study schedule as you prefer, in comfortable facilities; taped lectures are available at additional locations.

to be offered, perhaps written by To the Editor: One .common criticism of any the scheduled instructors, along student-faculty relationship con- with faculty . recommendations cerns communication, or the lack concerning a particular course's of it. Indeed, it is often felt by relevance to a well-rounded legal many students that this is due to education, as well as its value to basic inherent differences and a specific field of specialization. competing values and priorities In addition, it . would be most between students and faculty. helpful to issue a statement on, a "One area in particular where in- given instructor's experience qr creased communication between achievements in the course he she is teaching. the faculty and the students In short, those electives of 'would be mutually beneficial concerns the matter of course merit and those instructors of legal renown should, in effect, be selection. The only official statement to "advertised." This, coupled with be found on a particular course - a true advance registration prois in the school catalog, and often gram, would not only ensure atthis is too superficial to be of tendance for a particular course and dispel any misgivings about great use. Also, it seems that word of mouth is the only way its relevance, it would also proto learn about a particular in- vide the instructor with students structor, and this is not only un- who really want to take the reliable but is often fraught with course, having made an enlightened election to do so. An personal bias. A much better alternative to integral part of learning is the · the present situation would be for desire to learn. the faculty to issue comprehenYours etc., sive information on the courses -Joseph M. Stavola

or

Grad. To Get Harvard Masters · by Ira Pollack The 1976 winner of the Dean E. Donald Shapiro Award for Student Leadership, Marianne Camille Spraggins, is now attending the General Masters of Law Program at Harvard Law School. The Masters of Law program at Harvard is geared toward those students interested in teaching law. Among some of the more recent graduates from this program are NYLS's own Professors Scherer and Simon. Professor Blecker, a ~raduate of Harvard Law School is also currently enrolled in the program. Spraggins received her B. A. from Boston University in 1967 and worked as a Production Supervisor with the National Broadcasting Company for six years before entering NYLS in the Fall of 1973. While maintaining a fine academic average, Spraggins continually devoted her time and

energy to service projects which no doubt earned her the Dean Shapiro Award. The recent graduate was deeply involved in local BALSA activities. These activities included participation in Mino1·ity Law Programs and Panel Discussions where she helped make students aware of the demands and problems of the Law School and helped in the recruitment of these students for NYLS. She was also active in BALSA tutorial pro. grams and worked for a Black law firm in addition to her work on the Admissions committee of the school. When Dean Bearn was asked how the recent flow of NYLS people to Harvard would affect our reputation, she stated that "it brings us to the attenion of Harvard Law School initially and helps our growing reputation in general".

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EQUITAS begins a monthly contest with this issue. We invite students, professors and alumni to submit quotes about the law, lawyers and law _school. The prize? You get to see your name in print. Send your law quote, with proper citation, and your name and class year to: Law Quotes, EQUITAS, New York Law School, 57 Worth Street, New York, N. Y. 10013. "Necessity knows no law; I

know some attorneys of the same." [Benjamin Franklin: Poor Richard's (1734)] "Woe unto you also, ye lawyers! For ye lade 1nen with burdens g1'ievous to be bowrne, and ye you1·selves touch not the burdens with one of you1• fingers." (Luke: 11 :46) "Justice without force is powerless; f orce uriihout: justice is tyrannical." (Pascal: Penseses) -Jonah Triebwasser

CONCERNED ABOUT LAW SCHOOL? Legal Preparation, Inc. will offer a 2-day workshopseminar - November 26 & 28, 1976. The program has been prepared by Brian N. Siegel (author of How to Succeed in Law School), and will provide valuable insights into EFFECTIVE law school study, with a special emphasis on how to organize and write the hypothetical-type examination successfully. If you would like to see the evaluations of those who have previously taken our course or desire additional information, call (212) 743-5325, or write:

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O~ituary

Distinguished Alumnus Dies. by George Schwarz Morris Ernst, a leading civil rights attorney and one of the school's most distinguished alumni died last May at the age of 87. Best known perhaps for his defense of James Joyce's classic, Ulysses, Ernst took the case of the 'undefendable' book to the Federal Circuit Court, which in a landmark decision released the clandestinely distributed 'dirty' novel to its current status - one of the greatest example of stream of consciousness writing extant. Ernst, whose fees were considered too high by Bennett Cerf of the fledging Random House, was paid by a percentage from the sales of the book. It is reported he received several hundred thousand dollars fo rhis efforts. - Though stating a belief that the only limit was "total freedom," he later told confidants that he felt that the quality of modern literature was not up to par as a result of the overuse of previously censored words. But he resisted attempts to restrict literary freedom. Throughout his career, he remained a staunch defender of individual rights and free speech. Among his clients were Margaret Sanger, the birth control advocate often harassed by authorities: the NEW YORK TIMES in the landmark Times v. Sullivan case; LIFE magazine in its now famous attempt to publish photos of the birth of a baby; and Ernst tried for several years to get the so-called Comstock statutes m, terpeted out of existence. Virulently anti-communist, he felt that the movement itself was a threat to free speech and indi~idual rights. \V ell known in legal circles, Ernst moved easily between opposite poles of opinion and had friends on both sides of most issues. Born in Alabama, he attended "Williams College and worked as a furniture salesman before attending law school, at night. An advisor to presidents, he developed friendships with several of them. He served on the New York State Banking Board, and was general counsel of the American Civil Liberties Union.

EQUITAS Editor Jim Tricarico (left) with Morrii Ernst and Professor Joseph Koffler.· Despite his reputation, he remained a modest man. Listening to speeches in his praise at the NYLS dinner in his honor, he remarked, "My only claim to fame is to have . legalized the word, 'fuck'." He was annoyed by large firms which employed gilt-edged law firms for business, only to come

to. .his firm to settle divorce matters, Ernst was-the author of several works, notable A "Love Affair with the Laur; a collection of ailecdotes and Touch .Wood: A Year's Diary. He is survived by a son, two daughters and five grandchildren.

Joseph J. Maltese ('73) is running for the Assembly in the 62nd A.D., which encompasses. the East Shore of _Staten Island and a portion of Lower Manhattan including NYLS. Maltese. formerly served as secretary to Civil Court Judge John· J. Kelly _and also· was a legal counsel to residents of Willowbrook Developmental Center and the South Be a ch Psychiatric Center.

What To Do In Your After-Hours Spare Time-· (Continued from page 3) ments. Even on Friday nights, when you can hardly get in the door of some of the other hangouts, it's possible to come here and really relax. Drinking prices are moderate. At Berry's on Spring Street at Thompson, the food is perhaps the best on SoHo, and the prices reflect this.

ers call a "Cabaret." There's often live entertainment and a cover charge. Save this one for a special occasion. Reservations are usually necessary. · ·Next to the Ballroom is a new bar simply called "475 West Broadway." It's quite a spacious place, with a very long, curving bar and high ceilings. The woodwork is impressive. The Food is very much overpriced - almost

ridiculously so. The crowd also tends to be somewhat more conservative and (no insult intended to Long Islanders, Westchesterites) rather suburban. Of course, this list is not conclusive, but hopefully it does provide a good summary of what's going on within a ten block radius of NYLS. Moreover, it ought to dispell the notion that the neighborhood is a 'wasteland.'

If you walk up West Broadway from the Broome Street Bar, you'll hit the Spring Street Bar (on Spring Street, as could be expected). It's similar to the Broome Street Bar, but more expensive, and supposedly they have very 'mean' bartenders. Also, there are no blackboards. on the walls.

Crossing the street from the Spring Street Bar, and walking up another block almost to Houston Street will leave one in front of the· Ballroom, which the own-

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The area round NYLS has under. gone somewhat of a metamorphosis in the past few years. Many of the lofts are being re· claimed and rehabilitated by ar., tists and related types. Even 41~· Worth Street is occupied on the upper floors. Galleries, shops and bars are moving in. All in all, it. has resulted in the renaissance of a neighborhood, and a good · place to spend some time.

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(Continued from Page 2) to Mithras on the site of a barbarian temple of the sacred snake and part-time fruit stand. When faced with two opposing interests, the Court must look to the public policy and see which course of action would confer the most equitable and long lasting benefit. While modern medicine has greatly increased longevity, and therefore decreased the num-' ber of deaths, the dead show no serious signs of endangerment, but the replevin, if its habitat is disturbed, could possible go the way of the passenger pigeon. The Court must carefully weigh the distinction between mere death and extinction. Bird watching brings innocent pleasure to many hundreds of thousands of people, but a similar, attention to the dead, however, is a misdemeanor in some jurisdictions. '· It is the opinion of this Court, therefore, that as to the swamp in question, the interests of the replevin should prevail. ' The court expresses no opinion. as to whether a rehabilitation . center for the dead comes within the scope of the Use of Bits and Pieces of Federal Land for Really Relevant Social Purposes Act.

109 WEST BROADWAY Corner Reade Street


Monday, November 1, 1976

EQUITAS

Page 7

Alumni Notes

Alumni to Honor Z ucotti

by Elliot Horowitz The Annual Dinner of the Alumni Association will take place on Tuesday, November 23rd at 6:30 p.m, in the Gold Room and Starlight Roof of the Waldorf Astoria. The Dinner will be honoring the Class of 1926, and John E. Zuccotto, Deputy Mayor of the city of New York. Honorable William Kapelman ('40) is chair-

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ing the event. He is working with a committee comprised of Jane Prizant Gilman ('50), Alfred D. Jahr ('26), Harry Ostrov ('25), Honorable Nicholas Tscoucalas ('51) and Honorable Eli Wager ('54). The cost of the Dinner is $30 per person, with a special rate of S17.50 for students and graduates of the Classes of 1971 through 1976. Kosher food will be

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available for those who so request in advance. Dean and :\lrs. E. Donald Shapiro will be hosting a Cocktail Reception for the ~ew Jersey Alumni on Saturday, Nov. 6 from 5:30 to 8:00 p.m. at their home in Short Hills, ~. J. The reception will be honoring Charles Morgan, Jr., Esq., Martin Foundation Distinguished Visiting Professor. of NYLS. Professor Morgan, who was written up in the previous issue of EQUITAS, is of course one of the most prominent personages in the field of Civil Rights and Civil Libeitias. :New Jersey Alumni who are planning to attend the reception should so indicate by calling the Dean's office. The newly formed Dwight Inn Alumni Association (D.I.A.A.) will be holding an organizational meeting and party on Saturday night December 4th at the home of Dick l\Iuller ('76), 18 Stur; bridge Place, Scarsdale, New York. The organizers of this associa'tion are Dwight Inn/Past Magisters: Ronald Goldfarb, Esq. ('75), Vincent A. Smyth, Esq. ('74) and Alan Smilowitz ('76). Membership is only open to New York Law School Alumni who as students were initiated by the Dwight Inn chapter of The International Legal Fraternity of Phi Delta Phi. Annual dues have been provisionally set at five dollars. For further information please write to: Dwight Inn Alumni Association, c/ o Bill Ladd, Dwight

Inn - l\Iagi ter, New York Law School, 57 Worth· Street, Kew York, N. Y. 10013. Eli Wager '54, was recently appointed to an interim term of office as Judge of the State Supreme Court in the Tenth .Judicial District which consists of Xassau and Suffolk counties. Jay R. Benenson '58, has been named Chairman of the New York Law School New Je1· ey Alumni. Mr. Benenson will closely work with the Office of Development and Alumni Affairs.

Alumni Editor Elliot Horow itz John Leone '63, was sworn in by Mayor Ab1·aha111 D. Beam.e as Judge of the Ciiminal Court of the City of New York. R. :\Iartin Oliveras '72, was sworn in as i\Iagistrate of the City of Newark, :N. J. on .July 30, 1976. ;\Ir. Ohver as is the first Puerto Rican attorney to assume a position within the judiciary system in the State of "1 ew Jersey. Paulette Owen }IcMillan ('75), Assistant to Deputy Mayor Paul Gibson, Jr. and Chairperson of the Mayor's Task Force on Rape spoke at the Conference on "Rape, Sexual Abuse of Children and the Criminal Justice System" which took place on October 13 and 20. Also participating in the Densen-Gerber, Adjunct Associate Professor at NYLS and founder

of Odyssey House, Inc. who spoke on "Overview of the Problem of Sexual Abuse of Children." Bruce Llewellyn ('60), President of Fedco and 100 Black men, was a "Chairperson of the Day" at an all day confrence on "Today's Family - Implications for the Future" which took place on October 26 at the Biltmore Hotel. J'\YLS was among the sponsors of the Conference and Dean E. Donald Shapiro served as an advisor. Xancy Erickson, Asst. Professor of Law at NYLS, participated as a panel member in the "·orkshop on "Mor als, Values and Religion in Family Life." George :\1. Heymann ('74), an Associate Attorney for SOAR (System of Advocacy for the Retarded) has recently authored "Advocate's Guide to New York State Education Laws for the Mentally Retarded and other Developmental Disabilities." He has already had a supplement printed (May 1976) and is currently writing a second supplement. Mr. Heymann will also be participating in a conference on "Special Education Rights not Rhetoric;" which will take place on November 19-21 at the Granit Hotel in Kerhonkson, N. Y. He will speak on "Advocacy for the Handicapped" and will be a panel member on "Rights of the Handicapped under the Law and Processes of Appeal." Over $4000 has already been collected for the Aaron Frank :iUe11101·ial Fund established by the class of 1929. The Fund will be used for short term interest free Joans for students in financial straits. OBITUARIES John A. Reed Sarnue l Skolnick

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Page 8

EQUITAS

Monday, November 1, 1976

A 1Ve"' Consunaer (_}enter Planned By Mike Soltis Seeking to expand its operations and offer more accessibility, the Consumer Center of Lower Manhattan (CCLM), headquartered at NYLS, intends to add at least one more storefront office to receive consumer complaints this school year. The CCLM currently staffs a single storefront outlet on East Broadway and maintains regular office hours at its 47 Worth street location. Daily, the 30 to 40 members of the CCLM take consumer complaints by phone or from walk-in complainants regarding just about every type of consumer problem.

Center's Faculty Advisor Prof. Stephen Newman According to Ed Greenberg, who, with Anne Lyons, co-directs the CCLM, "people, publicity and complaints" are the only prerequisites to the Center's physical and caseload expansion this year. He pointed out that the Little Italy Restoration Association \LIRA) has ak<-ady offei ed the CCLM an office in that area and

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a Chinatown branch "has been proposed and is being studied." Consequent to physical expansion is the aim to increase the number of days and hours per day the offices remain open. Currently, the East Broadway storefront is open once weekly for five hours. G r e e n b e r g noted that should those "dependent conditions" of people, publicity and complaints balance in the CCLM's favor, the Little Italy and lower East Side centers will operate three days weekly, five hours daily. The patrons of the CCLM, he said, are predominantly persons who are either poor, elderly or living on a fixed income, or a combination of these variables. The co-director repeatedly stressed the Center's welcome to students desiring to become staff members. A staff member's responsibility, he explained, is akin to being "a mediator ... a spokesman for the people." Once a complaint is received and appropriately recorded, the staff member contacts the party against whom the complaint is lodged and seeks to reconcile the problem. A staff member could work as many hours as he or she desires provided that once an investigation of a particular complaint is begun the member must follow it through until it is resolved, Greenberg said. Since more than 50 per cent of the complaints received question the veracity of utility bills, staffers often must contact the electric and phone companies, the co-director pointed out. Bank complaints rank second, he added. Particularly needed due to the ethnicity of the complainants are Yiddish, Spanish and Italian translators, he said. So, if the prospects of donating a few hours doing substantive consumer complaint work, and the consequent enjoyment of the periodic informal CCLM get- togethers intrigues you, contact either of the co-directors or the CCLM Worth Street office. However, for those who are still hedging, wallowing in their procrastination, the co-director noted one other possible impetus for joining: "It looks good on your resume."

BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS Knowing how to write answers the way Bar Examiners want to see them written can make the crucia] dif .. f'erence, Why not get the feel of 16 Bar Exam questions now, before the June pressure. Hundreds of students from NYLS have been convinced that what they learned at THE KASS PROBLEM ANALYSIS CLINICS was essential to their success in the Bar Exam. Why not ATTEND THE FIRST CLINJC-ARSOLUTELY-FREEon Jan. 30, 1977 and see for yourself. Six successive Sundays. 11Jtarting Jan. 30, 1-4 P.M., in the Diplomat Hotel, i3rd St., near 6th Ave., N.Y.C. Fee $80. Seniors can attend our Jan .• 1977 and June, 1977 series on graduation, upon payment of only one fee. A TOTAL OF 32 DIFFERENT, VERY DIFFICULT ESSAYS WILL BE COVERED IN BOTH SERIES. For further information, contact agents, BRUCE CHOLST, LORAINE BURGER (Day

FREDA L. SAVAGE (Eve.) or KASS PROBLEM ANALYSIS CLI:-!ICS, 27 William Street, N.Y.C. (Wh. 3-2690)

Oktoberfest Brings Students Together For Beer And Ball by Steven Breitrnan Over 200 students and guests gathered in Tibbetts Brook Park in Yonkers, New York for the Student Bar Association's Oktoberfest. The outing featured food, drink (including beer) and sports in a country setting, all for a nominal $2.50 admissions fee. Highlighting the day's festivities were the exciting touch-football and softball games which featured choose-up sides. Among the faculty participating were: Professor Douglas D. Scherer

who exhibited fine ability at play selection as quarterback in a rough game of football; Professor Richard Harbus who proved that his athletic abilities are not confined to the tennis courts; and the softball game was highlighted by Dean E. Donald Shapiro who showed mastery at the bat with an average of 1.000! The most notable spectator was Anthony J. Scanlon, SecretaryTreasurer who politely declined to act as umpire. An alumni source has intimated that the motivation for Mr. Scanlon's inaction was

"fear that an unpopular call would lead to his being thrown into the lake." The general consensus of those who atencled is that S.B.A. President and his associates have earned the NYLS community's full gratitude for their hard work in oiganiz ing the Oktoberfest. The only drawback of the clay was the threatening weather. The sky was overcast throughout the afternoon and many prospective partiers may have avoided outing, fearing rain.

the

..

McDougal Joins School's Faculty (Continued from Page 1) goes both ways; it directs and responds." Perhaps it is this misconception of the law which has caused a lack of (financial) support of law schools. Professor McDougal points out that the study of law as a policy science is not taken as seriously as other scientific disciplines; one result of this valuation is the "primitive level" of financial support afforded to the policy scientist. The lack of available funds affects law students and law professors: "Our teaching can't be any better than our knowledge." Given adequate funds, McDougal proposes further the study of the organization of value processes. Such study examines the organization of power on a global scale first, then shrinking the scale successively from the macrocosm to the microcosm. This study would reveal the "power processes of enlightenment

spect, well-being (and) wealth." When queried about the effectiveness of traditional notions of logical systems in the law to meet the demands of an ever more extraordinary world, McDougal responded, "traditional notions of logic in the law are absurd. No one thinks by logic. Modern psychology has taught us a great deal which should be applied in law schools." Our concern should be "the modality of communication inherited from the Greeks" which colors our expectations of the world. The logic, rather, is "inherent and unavoidable." Reflecting on a small sampling of legal theorists, Professor McDougal offered these insights: "Kelsen is perhaps the best of all formalists, but he completely ignores the social considerations. His writings on International Law are useful; he is on every side of every issue." "Pound perha

not have a broad view of law being more concerned with the role of the appellate judge than with the process of decision. He did create high aspirations in the right direction." "Unger scure."

is

hopelessly

ob-

At Yale, -as a professor, he taught for forty-one years; and he taught every subject except Procedure, "The English did not consider Procedure an appropriate subject of study for gentlemen." Despite Professor McDouga!'s vast experience as a teacher, International Law consultant to both private and g-ove1¡nmental clients, and President of the American Socity of International Law and the American Association of Law Schools, he offers the law student sparse advice, "If you don't understand the whole


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