New york law school reporter october 1990

The Award Winning

New York Law School You'll Know It When You See It

'vol. Too High

First Amendment Issue

• October 1990

E Pluribus Unum focused on bias, and with the Bias A wareness Committee providing a coordinating Ip response to important issues related role. Therefore, this committee will be to diversity in our educational program coordinating a year-long effort to raise and and in the wider society, including con- address a variety of diversity-related tocern about incidents that have occurred pics. We encourage all groups to consider over the past year at New York Law incorporating connections with the themes School, in New York City and around the of"Strength Through Diversity" and "Celcountry, the Office of Student Services ebrate Diversity" as they plan their proformed a Bias Awareness Committee last grams (the Lesbian and Gay Law Students spring. The idea for holding a "Bias Association will be sponsoring a lecture Awareness Week" was generated in dis- on October 30th by Dennis Deleon, Comcussions between the administratiofl and missioner and Chairperson ef the N. Y.C. students who formed the Student Diversity Commission on Human Rights. He will Coalition. It was agreed that some formal speak about his agency's role in fostering program devoted to the subject of minority inter-group relations and enforcing antistudent concerns and bias awareness would bias laws.) We plan to have butttons and benefit the entire law school community.

T-shirts available throughout the year and During the summer, a group of stu- we welcome creative suggestions for their dents, faculty, administrators and alumni design. All ideas should be submitted to met and decided that attention should be Helena Prigal, Office of Student Services. given to these issues throughout the year, 2nd floor, 57 Worth Street. with a positive emphasis rather than one r: . .nued 011 page I 4

by Helena Prigal

Dworman Talk'; ~t NYLS

by Michael Wood

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lt's autumn in New York!

WARNING:

"When a-banker and a builder first meet. the builder has the experience and the banker has the money. After a few years, ' the banker has the experience and the builder has the money." So ~aid low profile developer and banker Alvin Dworman af the second Executive Speaker Series luncheon on September 25.

Dworman, NYLS '51, credits his NYLS Alvin Dworman education for helping him develop the discipline, development and focus to achieve his enterpreneurial goals. He entered NYLS following military service with two years worth of post-secondary educational In February the Sheriff's Department credits. While in school he earned money of Broward County Florida began an by developing the "Jackie Robinson Barninvestigation of the album "As Nasty storming Tour." (He admits to cutting a As They Wanna Be" by the Rap group few classes.)

2-Live Crew. The sheriff bought a copy Following graduation Alvin Dworman of the album from an open display in worked for "about thirty days" as a lawyer a record store, played it, had the lyrics during which time he brokered a loan for transcribed and sent to a Broward four million dollars. The firm received a.

County Circuit Court judge requesting forty thousand dollar commission. When that the judge find probable cause that a request for a raise was turned down, he the record was legally obscene. After went into the business of brokering loans. listening to the album, the judge issued In his presentation, Dworman spoke an order finding probable cause to beabout investment opportunities for the prelieve that "Nasty" was obscene. sent and future. He sees growing opporBased on this order, Sheriff's Offictunities for developers in building f .. rden ers went to a number of retail stores apartments, which in many markets are · and informed managers, "in a friendly, the only housing working people can afconversational tone" that they should ford. Noting that the industrial developrefrain from selling the album. The ment in the United States is growing. managers were warned that further Dworman said this is fueled in part by the sales could result in arrest, the penalty lower value of the dollar. "We are exfor selling to a minor was a felony, and periencing a credit crunch because of new a misdemeanor -if sold to an adult. regulatory changes. Bankers are afraid to Within days, all retail stores in Bromake loans, opening the American market ward County had pulled the album from to foreign banks." he said. This is a positheir shelves. tive change, according to Dworrnan, "beOne week later, members of 2 Live cause the foreign banks are relationship Crew brought an action seeking to preoriented, while American banks are transvent the sheriff's department from action oriented." The new regulations are threatening music stores with arrest for the result of "naive" banking practices of selling the album. the seventies and eighties.

This Article Contains "Nasty"

by B. Shaw

and Albert J. Wollerman

Yo. Yo. Yo listen up all of you fly-skimmies in <la' house! 'dis is homeboy law schooly ·B' and DJ Joe Justice on da' mic rappin' 'bout 2 Live Crew So you think they're nasty you think they're nuts, you ban their records, you hate their guts, you say they dis women,· and glorify rape.

talk in' 'bout fuckin ' on record and tape!

You try to ban the Crew, wherever they be, and censor their shit, in the Land of the Free.

But listen up Homes don't be no fool we got a First Amendment and it's got some rules.

Inside This Issue Man, Sex and the Marines Women, Sex and the Law 2 Live Brew As Drunk as They Wanna Be

p. 5

p. 8 ..

p. 13

Language

Continued on page I 5

Continued 011 page /4

•OCTOBER1990

NEW YORK LAW SCHOOL REPORTER

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Editorial On Being Speechless and Artless The ink on the last issue of the Reporter hadn't even dried when someone came into our office and questioned why we printed an ad from the Marine Corps (see page 5). Recently, profanity spew out from the Reporter office as writers were trying to decipher the lyrics by the 2 Live Crew, who were acquitted by a Florida jury on obscenity charges just days before press time.

"Bad ads" and "bad words" were our main concerns this month, untilan award came from the American Bar Association for an editorial cartoon-"good art"-(see page 7). Confused as ever, our lonely eyes looked to the First Amendment for some politically correct answers.

I first read the lyrics to the songs by 2 Live Crew just several days ago, when two Reporter staff members were embarking on a piece about the rapping band, 2 Live Crew, and their rights to protection under the First Amendment (see front page). Despite their reputed popularity, the Crew's album has been banned from sales in Florida. What could be so bad about a song when we are building nuclear bombs?

We retreated to the inner sanctum of the Reporter office, equipped with digital technology, listened to and dissected each word. None of us flinched at the words that were uttered; none of us blushed with 'the slightest chagrin. We were just a bunch fo enlightened East Coast law student reporters doing routine background re-

search, ma' am.

Unfortunately, what our brain was not telling us, our heart did. This stuff is racy and offensive, it has a way of eliciting an emotional response just by its mere utterance. On some elusive level, my bravado gained by relying on the First Amendment was rapidly usurped by more primal reactions. What happens when there is a gulf between the protection of the First Amendment and the "ideals" of a society that's in our hearts?

Let's think about it for a moment from different perspectives and different voices. Conservative: ban this, or it'll corrupt our young. Liberal: it is just an outlet for expressions of rowdy sex. Paternalistic: they are just bad boys having fun. Cynic: they are just bad rappers who use sex and profanity as a publicity gimmick. Religious: they are the devil himself. Civil libertarian: so you hate it, but it should be protected as an expression of free speech.

Social commentator: lighten up, we are just laughing at ourselves.

Perhaps, the answer does not lie in the tenets of law, or even in morality. The 2 Live Crew may evaporate tomorrow, but the debate between pro-banning and antibanning will probably go on for a while.

Perhaps there are not answers at all, but at least we can openly talk about it; maybe that's the point.

The Reporter encourages the reader to use this space as a forum for your expressions of the First Amendment.

Editor-in-Chief

Letters to the Editor Give the Senate a little credit. We are Dear Editor: I am responding to comments made in being fair and equitable within our estabthe last issue of the Reporter regarding lished guidelines.

I would like to end by expressing my the last SBA Senate meeting. As a first year student and a student senator, I am mixed feelings about being a student senvery· discouraged to hear the attitude of ator at NYLS. f truly enjoy being involved fellow students regarding the allocation of in the law school community, making an students funds. I was surprised to learn effort to change the things I feel need to that there is not more fundraising done by be changed, working with the administrastudent organizations. I have come to un- tion to make NYLS better. How can I feel derstand the difficulty in accomplishing good about that when my fellow students this and why organizations are not re- attack the Senate after our very first week quired to do. In that light, need I remind in office?

Joan Sutton anyone about biting the hand that feeds you?

Moving on, the purpose of our budget Dear Editor: meeting was for the Senate to divide the From little known diaries and other student money fairly among 22 student writings of the most noted revolutionaries organizations.

Each organization de- of our time: Mao-Tse-Tung; V. I. Lenin, scribed their planned activities. The Se- Fidel Castro, and Ho Chi Mihn come the nate, using this information and the re- remarkable similarities including the littlecommendations made by the Senate known fact that they all tried to get finanBudget Committee, voted on how to allo- cial aid from New York Law School. And cate the funds. Decisions were not made now, from the adversity faced by students hastily. Our meeting lasted 5-hours. Deci- at the Financial Aid Office, is bourne a sions were note based on reputations of new generation of Molotov cocktail slingthe organizations. We allotted money to ing revolutionaries. everyone. Our budget committee used a It comes as no surpcise, that once again, specific criteria to form their recommen- the Financial Aid Office has lived up to dations. I am sure certain senators used its long standing tradition of incompetence personal criteria but that's our prerogative. and a seemingly deliberate and malicious Each senator brings something special to disregard for the needs of the students. the Senate. We all have different interests It usually goes something like this: the and have Jinks with different organiza- unsuspecting student sends the forms tions. I believe these inconsistencies were away to be processed by the GSL people not oppressive and evened out in the end. in Princeton, New Jersey {it does not seem There were definitely some activities to 'matter whether or not you get your we wished we could have given more forms in on time, if you hand them in money, such as the outreach program, but April the office of Financial Aid will lose our guidelines prevented us from doing so them at least twice). The student will fill at the meeting. The SBA budget door is ~mt the promissa~ .iote and will be promalways open. If an- organization can show ised that the applications \Vi11 be sent out a substantial need for more money; -that "today{to the appropriate banking instituorganization -is welcome to-bring aprop- tion, and.or Law Access. osal before the senate .. · -Continued 011 .page 14

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"My name is Max and I am a politically-correctaholic, /' d like to maintain a high moral fiber diet, but /' m suffering from severe malnutrition this year. Please help me ... "

THE NEW YORK LAW SCHOOL REPORTER presents

"It Came From C-102" A grade B foreign film with English subtitles and a Halloween family classic.

Directed by Produced by Best boy Worst boy Boy,ohbQy Spefial Effects Original Score Camerawoman Casting Set Design Make Up . Titles Gaffer Props Costumes lngenue Caterers

Shirley Casper Wong Diane WerewolfWolfson DanMuallem Christopher Di Girolamo Evan Augoustiniatos Dilip Massand Albert J. Wo/lermann Susan Fleischman Elizabeth Nochlin LarrySiry Susan ~cCarty PhilipSpyropoulos Michael Wood Barry Block Liz Ames A/pa Patel Monica Coen and the Respite Crew

Extras: Otis Damslet, Shivaun Fuller, Jeryl Bruner, Caroline Gargione, Joan Sutton, Carla Varriale, Jay Krantz and a cast of mill ions . .. and Bradley Shaw as the Beaver.

Special cameo appearance by Helena Prigal.

Special thanks to the U.S. Constitution and the First Amendment without which this production would be fucking impossible.

THE REPORTER invites interested parties to submit columns. letters, articles. criticisms or suggestions to: The Managing Board. THE REPORTER. 57 Worth Street, Room C-102, New York, N.Y. 10003. Telephone: (112)431-2117.

THE.-REPORTFR. which i'> published pcriedicallydunng the academic year, has an opinion column entitled "VIEWPOINT " Per\'011s interestedin submitting a written opinion for this column should la/le/ ir "Vlfl\.'PO/NT"·and.submll it to THE REPORTER. THE REP()RTER reserves the ri~hl to edit ail material accepted for public.nion College Press Service Subscriber.

NEW YORK LAW _SCHOOL REPORTER

OCTOBER1990e

Faculty Focus on Laura Stein

Yes, M. De Wilkes, there is an-SBA Editor's Note: Below is a partial reprint of a memorandum sent by the SBA to Matthew Wilkes, Dean of Student Services. The SBA urges students to call the Dean of Student Services to request that these concerns be addressed.

This Memorandum is the written version of the items that will be discussed at our meeting on Oct. 2, 1990. These topics of concern (listed below) are the product of not only our experiences at NYLS, but of the many students that we come into contact while performing our many roles at this school (SBA Treasurer, Student Organization Chairperson, Public Interest Coalition President, Media Law Project President, Human Rights Journal, Environmental Law Society President).

Although we acknowledge and are grateful for the efforts that the Administration does undertake, this memo is solely concerned with areas that need to be addressed and improved. We along with other members of the student body hope that these problems are taken seriously and are solved.

General Concerns I . Student body has no access to the people with the authority to address our concerns. The Office of Student Services is the only department with whom we have

•Page3

regular contact and that office's responsibilities are limited. Several times we have voiced concerns to Student Services, only to hear that they or we have to go to someone else. We need to be able to access one person in the Administration who can effectuate our needs and rights. Students should be represented in Deans' meetings and the Deans' meeting with Board of Trustees. This is done at other schools.

2. Student body should not have to be policing the school for administrative inadequacies in its policies. Many of the policies seem to be without legitimate purpose on the part of the school and many are inane. There should be an Administrative person whose job it is to solicit problems from the student body, seek to find problems on their own, and solve problems effectively in order to effectuate a better quality of life for students.

3. When we do take on the burden (which is not our obligation) of trying to point out problems, we are not treated with the respect we deserve. Instead, we are pacified into believing that the problem does not exist or that it cannot be solved.

The Administration seems to forget that no matter how lofty an Administrative position is, a school does.not exist without its students. Our views and needs must be taken seriously and choices should be made with regard to their impact on students.

The Reporter stafffs on duty guarding the Pumpkin Patch

Prof. Laura Stein

by Susan Fleischman Professor Laura Stein joined the New York Law School faculty in August, 1990.

She is currently an instructor in Labor Relations and Employment Discrimination.

Raised in Syosset, New York, Professor Stein studied Philosophy as an undergraduate at Yale, and graduated from Harvard Law School. Upon graduation, she was a clerk for Justice Becker for the Court of Appeal in the 3rd Circuit. After her clerkship she went to work in the labor law department of Peper, Hamilton & Sheetz of Philadelphia, Pa. Professor Stein always knew she wanted to teach. She said her prior legal experience convinced her to move toward this goal. She feels teaching suits her temperament more so than private practice. As a professor, she has the time to think, theorize and write without the pressures of deadlines and partners common in private practice.

Professor Stein said she is "HAPPY" at New York Law School and she commented, "It's a wonderful place to teach." She enjoys the mutual respect that exists between

Meet John Farago

by Shivaun Fuller & Caroline Gargione Problem with a class? Need someone to talk to about your academic gripes? Is that professor driving you to Stan's? Never fear! There's a remedy. He came to us in August from CUNY Law School and is the new Associate Dean of Academic Affairs.

Dean Farago joins NYLS at a significant time in our history. Not only is it our centennial anniversary, but the school is undergoing many positive changes. In Dean Farago 's opinion, the most striking change is the increase in the number and quality of full time faculty members whom he considers "world class scholars and first rate." Jn addition, the new Mendik Library and skills area and the Moot Court renovations, along with the higher credentials of this year's incoming class, are evidence that New York Law School is on the rise.

Since his arrival at NYLS, Dean Farago has been involved with the skills and writing programs, the curriculum committee, and essentially "getting a feel for the school." The Academic Affairs office handles academic related issues involving the students. His office is located on the second floor of 57 Worth Street and is always open. "I would like [the students] to feel that they have an opportunity to find out for themselves what I am like."

Likewise, he would like to meet with as many students as he can, not only those who seek his assistance.

Reporter/S. Fleischman

Professors and students. In particular, she enjoys the care the students take in preparing for her class, and their tendency to vocalize their views. As a new professor, she enjoys the new insights and perspectives of her students. She finds this feedback not only educational, but inspirational.

Congratulations are in order for Professor Stein, not only for her new position at New York Law School, but for her recent marriage this past summer following the beginning of the Fall semester.

"MAZEL TOY!" In fact, Professor Stein is so dedicated to her work at New York Law School that she was only willing to take a three-day honeymoon so it would not interfere with her teaching commitment.

On behalf of the New York Law School community, I am proud to welcome Professor Stein to our faculty. I am confident that her stay here will be long and successful (just as I'm sure her marriage will be)!!

We are pleased that she-chose to join our staff and commend her excellent choice.

We wish her the best of luck!

Susan Fleischman is the J!lOSt energetic Law Student and the Spandex Queen!!

Jack V. Valinoti Named Overall Winner

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Dean Farago has one major goal in mind, that is, "to enhance the sense of community at NYLS between the students and faculty; that is absolutely essential for a community school as large as this one."

"NYLS is a tremendously pleasant and appealing place to work and there is no reason it can't be that way for those who go to school here," he proclaimed.

Dean Farago encourages the students to "have a sense of humor." Try to keep this in mind as finals draw near!

---------------Shivaun and Caroline are full-time first year students in section A. Shivaun is from North Caldwell, NJ and Caroline is from Princeton, N.J.

New Director of Financial Aid As a result of a lengthy search, a new Director of the Financial Aid Office has been identified. The new Director, Eileen Doyle-Satinoff', will be joining us on Monday, October 22, 1990. She is currently the Administrator of New York University's Office of Student Employment. Prior to that, Eileen served, from 1985 to 1989, as Assistant Director of Financial Aid at NYU School of Law, and she has extensive experience in a career devoted to the administration of financial aid programs.

New York Law School's (NYLS) recent (9110) intramural Froessel Moot Court Competition was won by Jack V. Valinoti, a third-year law student from Manhattan.

A distinguished panel, comprised of judges from the U.S. Court of Appeals, the New York Court of Appeals, the New York Supreme Courts, Appellate Division, and the U.S. District Court, selected this year's winner from among 140 participants.

Students argued whether the prohibition of begging on a subway system was constitutional-a topic particularly timely in light of the recent ruling on New York City Transit Authority v. Young: In the final round, Valinoti argued that the prohibition of begging fell outside the scope of the Constitution's First Amendment free speech protection.

Finalists for the Overall Winner A ward were: William Kasten, a second-year student from Brooklyn; William Thomas, a second-year student from Forest Hills; and Ivonne Prieto, a second-year student from Muttontown, New York. Pina. M. Vricella, a second-year student from Staten Island and Bradley D. Shaw, a third-year student from Randolph, New Jersey made up the team that won the Best Brief Award. Juan Fajardo, a third-year student from Hoboken, New Jersey, was awarded the Best Oral Advocate Award. Mr. Valinoti and thirdyear student Albert J. Wollermann from West Orange, New Jersey were named Best Team.

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NEW YORK LAW SCHOOL REPORTER

•OCTOBER 1990

OCTOBER

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NEW YORK LAW SCHOOL REPORTER

1990 •

Tell it to the Marines .

• •

An Open Letter to NYLS them. They are cast into the streets, where the many who receive less than honorable discharges can expect to be the victims of further discrimination in their search for · private sector employment.

415 Seventh Avenue, Suite 62 Again, in order to do all this, the military New York. New York 10001 (212) 594-3696 (201) 623-3363 relies on its JAGs. Of course JAGs serve the military in other ways too, and not every JAG is a monster bent on ruining innocent lives. But the military remains intent on pursuing its misguided policy.

So all its branches are looking-for a few heterosexual men and women to help keep it afloat.

If you notice their ads, and if you consider looking into them, take a moment The term "shyster" appears to have to think of who you'd be joining and what you'd be doing when you got there. originated in New York, having derived, Lastly, if you are a member of the armed according to the findings in recent services, make sure you're not among the philological inquiry, from the name of a "top performers" in your command, espe- certain Attorney Sheuster, pronounced cially if you are a woman. If you do too "Shoister," who, back around 1840 or well, the military may get suspicious and 1845, so vexed Justice Osborne of the Essex Market Police Court that the bench ary off university campuses around the instead they are thrown out, stripped of target you for discharge. took to rebuking lawyers for "Sheuster country. caused some schools to cancel everything in which they had taken pride, Sincerely, ROTC programs. and has prompted warn- and told that their country doesn't want Otis Damslet practices." ings from many that the military must either change its policy or leave. Law schools, including New York Law School, f.UH&n Irle ?oucEm.411 .45ACEI> have eliminated on-campus recruitment by I WA 5 Pvn1SHEP ;n CllJS5 the military. The military ban against gay me tvlflCH WFJY oro r>IF !<'o88EJ< {OOfllf Po~ tFilt:ll1(r Wlffltlt/r personnel has drawn furious criticism &o 1 01on'r S/JY rJnYrH1N6-.

Pl/251" IUl/SlnG- mq HAl10. from dozens of members of Congress and countless civil rights organizations. Many lfor mA ' federal iudges. appointed by Presidents Carter through Eisenhower. have held that ~~ the policy violates constitutional rights of , c~ ~ gay Americans. The discrimination continues however, due to military obstinacy and support from the many Reagan ap,....... pointees in the federal judiciary. ·------------~ ~r=----~ The ban remains despite reports commissioned by the Pentagon itself that gay applicants for military service are on average more qualified than their heterosexual counterparts. The most recent report. completed in 1989. included more than 42,000 personnel. If found that in some instances the military was discharging homosexual people who scored better than those it was keeping because of homosexuality.

This year, a navy fleet commander issued a statement requiring officers specifically to seek out and discharge Lesbian personnel. To help his subordinates iden. tify the Lesbians among their ranks, the WHGn 1 (___IJU~eo v11ae. commander pointed out that Lesbian offic:JIi IC. €. Ifn :JP (c) I !.. J 7 ers earn the respect of their peers and are "among the command's top performers." ri&. SflJi?IC.€1? m£ He insisted that these excessively competent women be removed from the military.

According to many observers, Navy "oldboys" want competent women removed because they might discredit military sex discrimination policies.

The U.S. military continued to spend millions of tax dollars annually on the enforcement of its anti-gay policy. In this process, the military relies heavily on the Judge Advocate Generals which the Marine Corps is trying to recruit with its expensive ad campaign. JAGs form an integral part of the prosecution team, basically acting as district attorneys trying to prove that a given serviceman or woman at one time said (s)he was gay or was interested in forbidden activity. The "defendants" in these cases have the option of asking for a JAG to try to prove that (sjhe didn't say any such thing, but is not provided with outside counsel or an opportunity to challenge the policy on constitutional grounds without outside counsel.

The military, of course, defends the policy The United States Marine Corps wants you ... maybe. In its full-page advertisement in this newspaper, the Corps states plainly that it does not take "just anyone."

But before you start getting excited about the challenge, consider exactly who the Corps takes, how it uses those people, and what it does to them.

The Marine Corps, like all branches of the U.S. military, imposes an explicit and absolute ban on all gay personnel. This admitted discrimination has kept the milit-

and prosecutes the defendants at the taxpayers expense. It can even call in United States attorneys to argue the case in federal court, again at the taxpayers expense.

The people who suffer through this process often Jose everything they had. They joined the military out of patriotism, the desire to serve their country, or to get an education when they couldn't afford to pay for college or Jaw school. They are perfectly willing and more than qualified to complete their service contracts. But

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"The U.S. Military continued to spend millions of tax dollars annually on the enforcement of its anti-gay policy."

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•0CTOBER1990

NEW YORK LAW SCHOOL REPORTER

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• • •

Environmental Law Society Update< mentsdesignedtoprotecttheenvironment.

A second event, tentatively planned for November 15, will focus on the proposed Hydro-Quebec proposal in the Jones Bay region-the largest major wilderness acreage remaining in Eastern North America.

The New York Power Authority has already signed a contract with HydroQuebec. At issue is whether this plant is actually needed and is it worth the cost of sacrificing these precious lands?

Please join us at our next posted meeting. The Environmental Law Society has had three meetings so far this semester.

Further meeting notices will be posted around school.

On September 20, 1990, Manhattan D.A. Robert Morgenthau announced a special telephone "hotline" set up to receive reports of illegal dumping of toxic wastes in Manhattan. The number is (212) 335-9898,.

A lecture on Environmental Litigation is scheduled for November 1. Speakers will be Ed Lloyd, Esq., and New York Law School Professor Moghrabi. The speakers will be discussing the aspects of an environmental lawsuit. Lloyd has represented cities as well as private individuals in environmental lawsuits and has been especially involved in clean water suits. Prof.

Moghrabi will discuss international agree-

The Lesbian and Gay Law Students Association The LGLSA kicked off its membership campaign on October 12th with its offcampus membership party. The event was attended by faculty as well as students and, in keeping with the group's intention to create a network for its membership, representatives of the Manhattan District Attorney's office also attended.

Next on the LGLSA's agenda is to organize other law school's Lesbian and Gay organizations in support of regular, collective social events. Plans.are already in the works. The LGLSA has been in contact with representatives of the Lesbian and Gay Jaw school organzations at Columbia, N.Y.U..,, Fordham, Brooklyn Law, Rutgers

New Law School Civil Liberties Union On Wednesday, October 10, the New Law School Civil Liberties Union held a. general meeting to plan events which w~ will be sponsoring this and next semester, discuss student internships with the Civil Liberties Union and discuss civil liberties violations throughout the country.

This semester we plan to sponsor an employment law panel to discuss gender bias in the work place and free speech hour, which will take place every other week in the student lounge.

Currently the American Civil Liberties

Union is seeking students to work a few hours a week on cases currently being litigated. Anyone interested should drop by the office in C-103, or leave a note in our mail box.

The focus of our discussion was the erosion of First Amendment rights, with the 2 Live Crew being the core issue. It was an interesting meeting. If you' would like further information about the civil liberteries union, stop by! See you then!!

Reporter Mania Corning Soon . . .

and Yale. While other groups have yet to be contacted, all of these groups have expressed their desire to participate. These events should be underway before the end of the semester.

----------'------------------------' On October 30th, the LGLSA will sponPublic Interest Coalition sor a panel discussion in association with other campus organizations entitled, "Bias The Public Interest Coalition (PIC) is a would also like to raise grants for students Motivated Crime." The group is also plan- new organization at NYLS. If you have who have low or no paying summer jobs in ning a program for its Lesbian and Gay having trouble getting a boring, big firm the public interest. If you are interested, membership being "out" on the job. job or if you have a genuine interest in please leave your name, address and All who are interested in the LGLSA public interest law, please join PIC! ! ! We phone number in Brenna Mahoney's (2nd are asked to contact the group through the are planning to bring in public interest law year, day) mail folder. We need a group organization's mailbox located in the organizations to do seminars so that we of enthusiastic students to give merely Student Lounge. can learn about job opportunities and we an hour a week!!

~~~~~~~~--~-~--~-~~-~~--~~--~----....

Common Threads On Tuesday, October 9, the Lesbian and Gay. Law Students Association presented HOB's Common Threads, a documentary film that seeks to present the human irripactof the AIDS epidemic. Narrated by Dustin Hoffman, the film weaves interviews with people with AIDS and their families, TV news clippings, and footage from the Names Project Quilt into a historic chronicle of the path the disease has taken in America.

The Quilt was conceived by Cleve Jones and was first displayed in Washington, D.C. during 'the October 1987 march for Lesbian and Gay civil rights and actions against AIDS. The Quilt consists of thousands of panels sewn by the survivors of people who have died of AIDS, and travels the country as an expanding memorial to those the disease has taken.

In addition to interviews with people working on the Quilt, the film chronicles the devastating inadequacy of the American governmental response to AIDS. Unlike other health crises, to which the government' responded swiftly, the AIDS epidemic appeared to be concentrated in "gay men," a group the Reagan administration disliked anyway.

Common Threads contrasts powerfully the cruelty of governmental inaction with the humanity of those brought together by the epidemic. Sewing together commemorative panels in San Francisco, travelling to Washington to share their loss with others from around the country, the people in the film represent the positive side of the American response to AIDS.

Criminal Law Society

Good food, good wine and good company . .

Reporter/S. Wong

Asian American Law Students Association

. , The NYLS Asian-American Law Stu- impart insight from their legal experience dents Association is enjoying the largest and for the s.tudents to question about life membership since its inception. With the after law school. The revelry continued as infusion of many enthusiastic first years, the group trekked to Littly Italy for de- . we have already embarked on many in- ssert. teresting events and issues concerning the Several members of AALSA will be Asian American community. representing NYLS at the I 0th Annual On September 16 about fifteen NYLS Confe.rence of the National-Asia~ ~acific .

A . 'd . . . Amencan Law Students Asociation at Asian mencan stu ents participated m H d.L S h00 1 d · o t b 26 the first annual picnic sponsored by the hrouzh c urmg c 0 er · A · B A' · · fN t roug 28aw · Asian mencan ar ssocianon o ew AALSA' N b d k · I d · c I p k w · d b I s ovem er oc et me u es a Yor k m entra ar . e enJoye a my · of the movie, · · u nfi1ms · hed Bus1· . c . weat her, six-toot sandwiches as well as screenmg hi h . b h J . . . ness, w re rs a out t e apanese internthe company of the Asian-American stut d . W Id W II AALSA .11 . h h I . N y k men urmg or ar . wt den t s from six ot er sc oo s m ew or 1 b · · · · · h 0 hp City a so e parncipatmg m t e utreac ro1 • gram for high school studnts in conjuncOn September 25, current NYLS tion with BALSA and LLSS, as well as AALSA members dined with past AALSA the rliversity awareness program in NYLS. members at the 20 Mott Restaurant. This 1 SA invites anyone who is ininformal dinner drew about 25 people, of- terested in joining the organization to drop Otis Dams/et is in hisfirst year, Section C. fering a unique opportunity fer alumni to us a note in the AALSA mailbox.

On Monday, October I , the Criminal Law Society of New York Law School held a general meeting. Richard Lunenfeld, president of the Criminal Law Society scheduled this meeting to finalize activities planned for this semester, propose plans for activities for next semester and to discuss the society's goals.

The Criminal Law Society is sponsoring a symposium on drug related crime and society's response to this phenomena.

This symposium will take place on Monday, October 29, from 7:00 - 9:30 p.m. in the Faculty Dining Room. Panelists include, -Robert M. Baum, Attorney-inCharge, Legal Aid Criminal Defense; Sterling Johnson, Jr., Assistant District Attorney; The Honorary Edward J. McLaughlin, New York State Supreme Court; and others equally impressive.

Professor George of New York Law School will moderate. Immediately following the panel discussion will be a question and answer period. Refreshments, (including wine) will be served. An estimated 130 people are expected to attend.

On Monday, October 15, at 5:30 in the student lounge we will be showing a videotape of a nationally syndicated news program where Justice Schneider of New York State Criminal Court spoke about drug rel ated o ftenses. w e ares howmg · thiis tape t b tre t d t c o e r prepare s u ens ror our October 29 panel.

Also discussed at this meeting was adding a trial skills workshop to the NYLS curriculum. Additionally, we plan on having an end of semester party. Anyone interested in volunteering, drop by our office in C-20 I. We look forward to seeing you soon!

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Reprint from March 1989 issue.

Congratulations to New York Law School Reporter Editorial Cartoonist, Shirley Wong, for taking third place in the American Bar Association Law Student Division Newspaper Contest.

The New York Law School Reporter received the Award of Excellence in the "Editorial Cartoon on International Law School Affairs" category.

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NEW YORK LAW SCHOOL!WPORTER

Women, Sex & the Law

by Liz Ames The women's movement lost its momentum during the Ronald Reagan administration. Anti-choice activists levied assaults against a woman's right to abortion and other reproductive freedoms. Here at NYLS on September 26, Paula Ettelbrick, Esq. discussed these curbs with the twenty-five students who attended her talk on "The Law and its Effect on Women's Sexuality." This event was sponsored by the Legal Association for Women (L.A.W.) and the speaker, Ettelbrick, is the legal director for Lambda Legal Defense and Education Fund to NYLS. Ettelbrick was also a panelist for the Senate

Focus on Abortion

Another area of concern is Title X's "gag law," which forbids counselors to mention abortion as an alternative. This is another example of a national trend for "fetal protection policies," said Ettelbrick.

In a recent case, a pregnant woman dying of cancer was forced to have a Caesarian section in order to save the fetus, a procedure that hastened the woman's death. Increasingly, states have defined "abuse as behavior that will be harmful to the fetus."

Ettelbrick said, but the Supreme Court has notyetruledonit. Ettelbrickisalsoalarmed with the increasing number of criminal charges against pregnant women who use drugs.

" ... What is at stake now is not only the right to abortion, but the individual's rights." committee conducting the confirmation hearings on Justice David Souter's nomination to the Supreme Court.

"The minute our society starts cutting back on those most vulnerable rights," Ettelbrick said, "we must fight to safeguard them." She states that what is at stake now is not only the right to abortion, but the intrusion into the individual's rights. According to Ettelbrick, in one instance, a criminal penalty of $1,000 was imposed on a woman in Arizona who became pregnant when birth control was not used and she chose to have an abortion. Ettelbrick said, "It's clearly an attack reaching far into the depths of privacy."

•OCTOBER 1990

Finally, Ettelbrick addressed new reproductive techology and the questions that it has heralded. She is currently representing a lesbian whose ex-partner had a baby. Her client wants visitation rights and Ettelbrick is currently preparing her arguments for those rights for a New York Court of Appeals hearing. She concluded by urging the audience to involve themselves in maintaining and fighting for reproductive freedom and other forms of self-expression so "the government does not intrude on decision making."

Liz Ames is a first-year, Section C. student.

The S'noot our o.tT'ne. O. ~.

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ReporterfL. Siry

by Carla Varriale Earlier this month, Eric Zohn, Susan Ajalat and I went to see the Art and Work Ensemble's (AWE) latest series of vignettes concerning popular, highly debated issues. "Focus on Abortion," the fourth in a series of presentations, was designed to highlight arguments advanced by pro- and anti-abortion advocates. The vignettes, and the exchange between representatives from both groups which followed, stirred strong feelings and sparked plenty of debate in the small theater.

Each of the vignettes was drawn from actual case histories, or inspired from stories in newspapers and magazines.

Their titles were provocative: "Mine," "Ohio Backdoor Boogie '63," "Family Planning" and "Fugue for a Woman and Eight Vacuum Cleaners," are a few examples. The program was confrontational by design. The moment we entered the theater we were approached with petitions.

Later we learned that these petitioners were part of the cast and were getting into character.

Throughout the program, cast members would emerge from the audience either to join in the action taking place on the stage or to be part of a demonstration which concluded many of the vignettes. The effect was unsettling: The line between theater and reality blurred and we were drawn into the action. The debate at the end of the program seemed to draw our the feelings of outrage which had been percolating throughout the audience all evening.

We three concluded that the anti-abortion vignettes relied too heavily on the emotion. For example, one of the plays focused on an unborn fetus confronting its mother who decided to have an abortion.

Another featured what was supposed to be a parody of an abortion clinic that had so many patients its motto could have been "over one million serviced." The skit used plenty of blood and disassembled dolls as its main props. It was incredible and outrageous and provoked much hostility in the audience. We agreed that the antiabortion arguments ignored the plight of the potential parents when faced with an unwanted pregnancy. They focused instead on feelings of guilt or shame that a woman was "supposed" to feel when she had an abortion.

In contrast, the pro-abortion arguments focused on the feminist argument that abortion is a part of a web of interconnected rights. That is, a woman's right to control her body and have access to medically safe care when she chooses not to continue her pregnancy, is tied inextricably to her power to control her life.

At first, Susan and I felt that abortion was strictly a woman's issue; that only a woman could understand the terror and

anxiety an unwanted pregnancy could provoke. However, Eric emphasized that it was really a question of a right being taken away, that right being the power to choose. He felt outraged, just as Susan and I did, that women could be harrassed and degraded when they entered a clinic to exercise this right. Imagine, would this happen to a man before he entered a store to purchase a condom? Would we allow it to happen before people entered polls to vote? Ultimately, we agreed that it was an issue with significance for both sexes.

Eric, Susan, and I also talked about how the language used by both sides was revealing. For example, why don't "pro-choice" groups characterize themselves as "proabortion?" It would seem that it is viewed as a stigma to be ardently for abortion, but less so to be in favor of letting someone choose it if she wants to. It also seems ironic that "pro-life" groups are more concerned about an embryo or a fetus than they are about the woman who is carrying it. In fact, during the debate the "pro-life"

"Why don't 'pro-choice' groups characterize themselves as 'pro-abortion'?" representative seemed unconcerned that if abortion is made illegal, women will simply have illegal, possibly unsafe abortions. She also denied that a significant number of women had died from illegal, unsanitary abortions. Also, it seems that "Operation Rescue" and its "sidewalk counselors," a euphemism for people who chain themselves to clinic doors, pray and show women photos of fetuses before and after abortions before they enter a clinic, care about the unborn more than they do the living; making their "pro-life" label ironic. Furthermore, to call a scenario like this, which seems like a modem version of a stoning, a "safe, legal abortion" seems incredible.

In light of Judge Souter's nomination and confirmation, abortion continues to dominate the news and stir the feelings of the public. It is certain to be highly contested for some time to come; it seems that it will be a question likely to be-determined by individual states. Abortion is certain to be the focus of even greater dynamics than what we saw at the Art and Work Ensemble.

The Art and Work Ensemble ic located at 55 Mercer Street, between Broome and Grand Streets. Admission is $8.00.

Carla Varriale, Eric Zohn and Susan Ajalat are second year students.

Student Calls for a Unified Policy

by Philip D. Spyropoulos Hypocrisy bothers us all. Yet we are decicedly generous in dismissing our own crimes of reason. If our nation's longterm foreign policy goal is to extend our ideological sphere of influence as widely as possible, our hypocrisy could very well be considered the greatest impediment to achieving that goal.

The world's leftists, the Palestinians, the Arabs in general, even our closest European allies will all confirm the fact that one of the most widespread criticisms of U.S. foreign policy is our brazen use of double standards. It may be of some consolation that the reason for this criticism probably stems from the idea that the U.S. holds itself out as a tireless advocate of human rights and international justice, that much of the world somewhat

agrees with this characterization and that consequently the U.S. is held to a higher standard than say the Soviet Union or Libya. Nevertheless a good deal of problems which have been simmering for some time now are being brought to a boil and are about to spill over because of our selective and inconsistent application of international law.

Our president has· recently been forced to recognize the disquieting results of such a policy, largely because the discrepancy between his forceful declarations and actual U.S. policy are so blatantly irreconcilable he was left with little choice but to, at least temporarily, bring them to terms.

As Bush shoveled and heaped mound after mound of moral justifications in order build an elevation high enough for his sermon of anti-Husseinism to be heard

around the world,.he unwittingly dug himself deeper and deeper into a pit from which he will find increasingly difficult to climb out of. An immedicate manifestation of this dilemma was presented with the Temple Mount incident.

President Bush has had to succumb to the stark truth that there is an inherent incongruity with the U.S. 's almost maniacal condemnation of Iraqi's occupation and its simultaneous acquiescence to the Israeli occupation. This has led him to make a seemingly reckless 180 degree reversal on the U.S. 's long standing policy of sheltering its ally from world reprimand in order to preserve the U.S. -Arab alliance.

Case in point: the media, with our government's blessing, is characterizing General Aoun' s surrender as "the removal of the final obstacle to peace" in Leba-

non's catastrophic civil war. In fact, General Aoun, was the only substantial force preventing the occupying Syrian forces from overtaking all of Lebanon. With his surrender, Lebanon is now under the full occupation of Syria's military forces, just as Kuwait is under the occupation of Iraq's military forces.

Until now, Syria could not utilize its powerful military machine to overtake Lebanon. It had to restrict itself in order to maintain the impression that is was a peace-keeping force, and it could not use its air power to any great extent for fear of being condemned as an aggressor.

NEW YORK LAW SCHOOL REPORTER

OCTOBER1990•

How Was Your Day? Mine Sucked How Was Yours'l

•Page9

The Night Owl Legal Power Words

by Alpa Patel Hello. How was your day today? Not so good, huh? Did you get caught in the rain-without an umbrella and thus suffered through the pain of watching your brand new, bright red, $45 constitutional law book get soaked in the mud when it fell out of your slippery wet hands? Did you get a parking ticket because you left the Honda prelude that your parents gave you for graduation at -the No Standing Zone for that mere minute that you didn't think you were going to get a ticket? Are you overstressed from the claustrophobic limits of your casebook? Or simply, as per Murphy's law, did everything that could go wrong-go wrong? What's the matter, law school isn't what it's cut out to be? Well, before you answer and sink into the dark wells of self-pity, think about this ...

Think about Joey DiPaolo, an 11-yearold kid with AIDS. The only thing he did wrong was receive a contaminated blood transfusion while fighting for his life during heart surgery. While we complain about work overload, Joey is out there fighting to educate the misguided public about how they can get AIDS. .

Think about the kids at P.S. 40 in the Bronx, whose Open School Night had to

be held under police guard because of daily shootouts between rival drug gangs and cops. While most of your trips to and from school are only slightly distracted by harmless panhandlers, these kids' mere trip to school is a matter oflife and death.

Think about Rosario Amico, whose son Joseph was shot and killed in the Bronx on June 10th. The police at the 40th precinct .told him to investigate the murder himself because they were too busy and understaffed to devote time to the case.

Think about the picture of the innocent little boy or girl on the back of your milk carton. Think about the Hell his or her parents are going through trying to find their child while you complain about the Hell you're going through trying to find enough time to read a 500 page assignment for you criminal law class.

Think about how grateful you should be for having your health, for being able to arrive at school alive, for being able to have the money to pay for the parking ticket you got, and most of all for being in law school. Think about all this the next time somebody asks you how your day was. Think about how good you have it before you answer how bad you might think it is. By doing this, your not-so-good day could become much better.

by Barry H. Block

Clip this article and tape it next to your computer. Yes, Virginia, it is vernacular which separates lawyers from other lesser mortals. But there is more than just knowing the basic lexicon. These days much legalese has crossed the border in the trite world of laymansland. Recently a doctor friend of mine asked me what was his "quid pro quo" for assisting me. He became despondent when I told him that Latin had become passe in the legal community. Ifhe wanted to sound like a "real" lawyer, he better start reading Supreme Court decisions. There he would find the key words that distinguish mediocre legal writing from greatness. (Please note that I did not say that the decisions are great.

In fact, I'm implying perhaps it is the ingenious use of words which gives these decisions their apparent "gloss.") So here they are, the words they didn't teach you in legal writing. Before you attempt to use them, some caveats: I) Make sure you know what they mean. It's always embarrassing to use a

word wrongly.

2) Don't waste a key word on a secon-. dary or insignificant point. Timing is I crucial.

I 3) Don't overuse these terms. Overuse and redundancy lead to loss of power and impact. Next thing you know your hair stylist will tell you that cutting your hair is "problematic."

Abrogates Ancillary Aphorism Balance Bedrock Benchmark Brite-line Codified Compelling Constructive Controlling Converse Cornerstone Counterintuitive Countervailing Crux

Dichotomy Dispositive Eschews Flipside Gravamen Imputed Keystone Linchpin Normative Oxymoron Problematic Rubric · Shibboleth Talisman Touchstone Unconscionable

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NEW YORK LAW SCHOOLREPORTER

•0CTOBER1990

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â&#x20AC;˘OCTOBER 1990

Roving Reporter

by Susan Fleishman

If you could masquerade as any person for

Halloween, who would you be, and why? \

Class of '91 Art Burkard Miles Davis, because he just doesn't give a damn about what any one thinks!

He is wild, progressive, has great sound and he is so kool!

Susan Fleischman Class of '91 Maria Schriver, .so I would have all eminence of a Kennedy, and a successful career which exhibits both my intellect and beauty. I would be the beautiful wife of a man who could bench press more than I could ever dream of lifting. But most importantly, I would have all the nighttime privileges that come with being Arnold Schwartzinegger's wife!!!

~--.,.,. ~

Class of '93 Yitzchok Shuster President Bush, so I would rescind my nomination of Souter as the replacement of William Brennan, which, to paraphrase Eisenhauer, 'was one of the worst decisions 1 ever made.' And I would nominate Nadine Strossen to the United States Supreme Court instead!

Class of '93 Jon Lin Ted Turner, because he had the vision to launch a continuous news network, owns professional basketball and baseball teams, and has excelled in business, industry and technology. He accomplished more than most people dream of in a lifetime.

I

Jim Brennan Class of '92 Marc Capone, Class of '22 [my roommate] so I could sleep all day, blow off. work and watch baseball all night and forget that I am a Jaw student.

James McClymonds Class of '93 Jesse Helms, so I could refute everything that he spent his life doing, so when he gets the job back, he will have lost all his credibility.¡ Class of '93 Drew Tallis David Lynch, because he is very strange and very creative. And then I would be able to find out who killed Laura Palmer and why.

I

Nicole Rossi Class of '91 Justice Scalia, so my true fascist nature could show when I author the opinion overrulling Roe v. Wade. Then I would invite Nadine to lunch.

Juan Fajardo Class of '91 Joe Montana, because it would fulfill my childhood dream of being a great athlete.

Class of '93 Lome Smith Charles Bukowski, so I could wake up, drink a bottle of rye, go to the beach, drink another bottle of rye' write a few poems, then go to the -bar on the beach, drink some more rye, rattle off my poetry, which does well with the ladies, have my pick and return to the beach with her and a bottle of rye. Then I would spend the evening drinking rye, playing cards and watching football with the boys. In the late evening I would have my favorite girl come by, drink another bottle of rye and . '.

Joann Kagan Class of '91 Sandra Day O'Conner, because I would love the experience of being a United States Supreme Court Justice. And I would author a majority decision instead of a concurrence.

NEW YORK LAW SCHOOL REPORTER

OCTOBER 1990 •

•Page13

Nancy-to-Stan's: The Essential Tribeca-PubCraw1

by Trevor Swill

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1. Nancy Whiskey Pub, 1 Lispenard St.

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St. Patrick's Day may be months away. and the exam proctor's uttering within an earshot, yet the stressed NYLS student must not be deterred from roaming the local streets in search of libationary antidotes. Tribeca teems with cozy watering holes for those of us needing to take the edge off right about this time of year. A daring way to discover these drinking establishments is by doing the Nancy-toStan's Pub Crawl (see map, supra; corresponding list infra). Though I strongly recommend reserving this bar-run adventure in toto for special occasions, anyone can do it piecemeal at any time . . . like this weekend. (Nata bene: This list is by no means exhaustive-e-conspicuously absent, for example, are Tribeca's celebrated gogo and sports bars, as well as the remote, yet redoubtable Printer's Pub at 205 Hudson Street.)

2. 3 Roses Bar & Restaurant, 311 ~ Church Street 3. Caliente Cab Company, 305 Church Street 4. Copper's Place, 273 Church Street 5. El Teddy's, 210 West. Broadway 6. Walker's, 16 North Moore Street 7. Rivenun, 176 Franklin Street 8. Tribeca Bar & Grill, 375 Greenwich Street 9. Pig 'n' Whistle, 365 Greenwich Street 10. Howz Bayou Cafe, 355 Greenwich Street 11. Apres Scott's, 353 Greenwich Street 12. Puffy's Tavern, 81 Hudson Street 13. The Odeon, 145 West Broadway 14. Katie O'Toole's Saloon, 134 Reade Street 15. Raccoon Lodge, 59 Warren Street 16. Stan's, 57 Murray Street

Submit your wit . or save it for finals.

Best Lawyer joke wins a year's subscription to

The Reporter!

Submit to C-102

The Frugal Diner South America, Take.Me Away

by Jeryl Bruner

PUFFY' s TAVERN 81 HUDSON

STREET, CORNER-HARRISON STREET LOWER MANHATTAN 766-9159

Law School has forced many of us to forego some of life's most marvelous pleasures. Endless gabbing on the telephone, reading, socializing has become unknown. But eating, thankfully a necessity, is one pleasure that my friend Robert Allen and I indulge in with great passion. The trick is to find a reasonably priced place that gives you food, drinks, and great service. When the desire to indulge overcomes you, I highly recommend satisfying your craving at Boca Chica, a perfect find for the law student on a limited budget.

This intimate Caribbean-South American restaurant is great to look at, unpretentious, lots of fun and totally satisfaying.

The soft upbeat music is a great accompanist to intimate conversation. The bar. is inviting to those who wish to try many interesting drinks (Robert recommends the sensibly priced margaritas).

The food, which includes Cuban style specials, is wonderful. I must admit I was a bit apprehensive to review Boca Chica because I'm not a spicy food kind of gal; but I shouldn't have worried. Boca Chica

features a number of spicy and non-spicy entrees and appetizers. We tried Tostones (plantain chips battered and deep fried) as an appetizer with satisfying results. For entrees, Robert had the delicious Chicharones de Pollo (Broiled Dominican Chicken) and 1 had the sensational steak.

All entrees come with a choice of black or red beans (both exceptional) and hot toasted bread. We were so full from the huge portion that we had no room for desserts (which I hear are delicious). Service was always prompt and pleasant.

All in all, Boca Chica is an inexpensive yet delicious place to go for South-of-the-.

Border food, drink, and fun.

Boca Chica (13 /st Street, 473-0108, is open 7 days a week for dinner starting at6p.m .. OnFridayandSaturdaynights, the kitchen closes at I, the bar at 2. On other nights, the kitchen and bar close at / 2. Brunch on Saturdays and Sundays from 12-5 p.m. All major credit cards accepted. Special late night "Live & Latin" music Friday nights. Reservations not required.

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Letters Continued from page 2 After two or three months of no money and no word from the schoolor bank, the student, I) has nearly died .of starvation twice, 2) still does not have the necessary books, and 3) may or may not be on the verge eviction fornon-payment ofrent.

Students may at this time wander back up to the Financial Aid Office to find out what the hell is going on. The Financial Aid officer usually either swears that he sent it out or that it is normal for the office to take upwards ·of three months to get things sent out. (It seems that the process of licking a stamp and putting the forms in the mailbox is a lost art to the office on the fifth floor.) When the student complains, he will be told that, "there are thirteen hundred students in this school. What makes you feel that you are so special as to receive your loans?"

When talking to students about the office of Financial Aid, which has become known to some as "the black hole of Calcutta," one student suggested that maybe the problem could be peacefully resolved by switching the staff of the cafeteria, with the staff of the Financial Aid Office. The reason being that while the cafeteria can not make a good cup of coffee, they might know how to. lick a stamp, and who knows, the people in the Financial Aid Office may know how to make a good cup of coffee.

of

Unified Policy Continued from page 8 Now that the United States is in urgent need of Syria's support, Syria threatens Aoun with a massive military invasion, flies its jet fighters over Aoun' s troops, and forces his surrender. Not only is he not reprimanded for the aggression, but the media has also succumbed to the illustion that Syria's regime, every bit as oppressive as Hussein's, is effectuating the proper transfer of power from an illegal rebel to a legitimate government.

Another case in point to the hypocrisy behind much of U.S. foreign policy is the occupation of Cyprus. Despite comprehensive world condemnation, resulting in U. N. resolutions just as substantial as those instituted against Hussein, Turkey is still occupying northern Cyprus after its massive and brutal 1974 invasion. What makes this situation even more absurd, in view of the United States' forcefully declared policy of not tolerating the aggression of larger states against smaller_ ones, is the fact that Turkey would probably withdraw from Cyprus at our nation's in-

Dworman ...

Continued from page I

NEW YORK LAW SCHOOL REPORTER

sistence. Turkey is dependent upon the U.S. for military and economic aid. The third largest recipient of such U.S. aid in the world, Turkey's oppressive military machine would be impotent without our tax dollars.

I am not maintaining that the conduct of our foreign policy should be. completely dependent upon humanitarian and ethical concerns. Governments are engaged in a manic and downright dirty struggle to preserve themselves and to improve their lot.

Yet this inconsistency is taking a huge toll not only on our foreign interests but also on the delicate progress we have been making towards world conciliation.

One solution to this dilemma is that the U.S. simply separate our applied policy into non-moral interests, and policy. acts having a moral basis. In a sophisticated community such as ours, it seems neanderthal and unethical to always have to reconcile these two very different approaches at virtue's expense.

Maybe the most detrimental effect of this deliberate confusing of morals and naked interest is that it may eventually undermine our own faith in our own values. center banks.

Dworman developed a business lining up hungry developers with East Coast lenders. In 1985, he became the first individual to acquire a New York Mutual Savings Bank and convert it to private ownership. In addition to the East River Savings Bank, he also owns a fifty percent interest in a Chicago bank and is active in development in New York, California, and the Midwest.

Dworman, received, the NYLS Distinguished Alumnus Award in 1982 and presently sits on the board of trustees of NYLS. He is chairman and CEO of the ADCO Group, a "full service financial organization" with $5.5 billion in assets.

His business interests include construction, real estate and banking and he has been builder/owner of over $3.5 billion in various projects.

American banks lent long and borrowed short; they lent fixed rate and borrowed on a floating rate. When interest rates went up they got murdered. "With deregulation," he said, "the banks tried to grow their way out of the problem. Instead of looking at their balance sheet, they looked at earnings and fees. This problem was aggravated in the housing market-the savings banks and savings and loans-because there is very little spread in housing loans."

Lower Manhattan, near NYLS, is a disaster. It is overdeveloped, he said.

The upper west side market is ~lose t? bottomed out and the upper east side residential market is actually growing. Dworman expects that some regional banks will inherit the position now held by the money Michael Wood is a first year student.

' i "

'Tfie 'Write 'Way

"So Arise You Starvlings From Your Slumber!" I'll be in the hills fashioning a highly. trained force of angry student financial aid victims, call us when and if the checks come in, we will need the funds for "the struggle .."

As a final note, this commentary was written in -the height of frustration. We realize that the people in the Financial Aid Office mean well and work hard. there have been several instances where a Financial Aid officer has gone above and beyond the call of duty to rescue a student from the throes of poverty.

Yet, it seems to be the consensus that some "officers would rather lie to a student about when forms will be sent out, rather than tell the story straight. There seems to be this attitude that the students do not need the money and will be fine if the aid comes at the end of the semester instead of at the beginning.

After reading this letter, some may say that we have been unfair, but we ask you, what is fair? Is it fair for an office with such power over a students financial well being to exercise it with incompetence?

Maybe the problem could be solved with a few more officers in the office, or having the office deal strictly with aid, and not with recruitment and admissions as well. Thi.s would give the officers a chance to serve all the students better.

Larry Siry Pina Vricella

·•OCTOBER1990

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Diversity Continued from page I A kick-off period will be held in November with three proposed events: a cultural food fair, sensitivity training for students leaders and all other interested students by a professional consultant, and training/discussion session for the faculty.

The food fair will highlight as many different kinds of food as possible. The session for the faculty may consist of showing a 22 minute videotape produced by students at Harvard Law School, followed by a discussion with New York Law School students. The focus of this session would be to encourage professors to think about the words they use in class when discussing sensitive issues, the cases they assign, and the effect that these choices might have on students.

Other efforts to be discussed further include a panel of speakers, possibly on Free Speech/First Amendment Issues, Cultural Displays of Artwork, and informal and

formal discussion groups. There was also some talk about the possibility of developing a policy to address discrimination, Any member of the law school community interested in working with us to plan additional programs, should contact Helena Prigal as soon as possible at (212) 431-2318, or stop by the Office of Student Services. Right now we are particularly interested in volunteers to help with the cultural food fair, which will take place during the second week of November in the Student Lounge, and students interested in participating in the proposed discussion session with the faculty.

Many thanks to those who have already contributed their time in preliminary meetings concerning theseimportant issues: · Michael Arce - Fran Chan · Monica Coen Michael Hardy · Randolph Iannacone Rich Klass Michelle Merchant Steven Onne Jose Luis Ortiz Jason Oshins Sonya Rogers Marjorie Silver Alix Simonette Elisa Velazquez Jessica Wahl Hui Hui Yu

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2 Live Crew Continued from page 1 Following a trial on the merits, held May 14-15, a federal district judge in· Florida found that the actions of the Sheriff's Office were an unconstitutional prior restraint orr the album.

However, this same court then made a final determination that "As Nasty As They Wanna Be" was indeed legally obscene.

The United States Supreme Court has stated that obscene speech is not protected by the First Amendment.

Speech deemed obscene may be restricted. The Court set forth a threepronged test to differentiate between non-protected obscene speech and protected speech in Miller v. California.

Speech is obscent if: l) the average person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest; 2) the work, measured by contemporary standards, depicts or describes in a patently offensive way, sexual conduct specifically defined by applicable state law; and 3) the work, taken as a whole, lacks serious literary, artistic, political or scientific value. To be obscene, all three elements must be met. The Florida court found that "Nasty" met each prong and thus was legally obscene.

Lawrence Siry is a third-year student who's seen 2 Live Crew perform at the Palladium. "I thought they sucked," he quipped, "I like Rap, I just don't think they're any good." Lawrence said he found it degrading to women but his distaste for the group results in what he sees as an absence of musical quality or talent. "But I still wouldn't ban it. l wouldn't ban it for anything," he added.

Erik Jacobs, a second year student, saw 2 Live Crew at the Ritz. He found the show exciting. "The crowd was hilarious, a little rowdy, yeah, but they all loved it," he said. "He [Luther] was leading the crowd, he'd say ... 'I'll say suck my dick, and you say eat my pussy.' So there he was leading the crowd, back and forth screaming 'suck my dick! 'eat my pussy!"'

•PagelS

NEW YORK LAW SCHOOL REPORTER

Four women were already on stage as part of the act, but women from the audience began jumping up. In about half-an hour there were five women from the audience on stage dancing and gyrating.

"Band members were grabbing breasts . . . at one point with one hand locked around a girl's waist-s-with her ass up against his crotch-and the other holding her head down toward the floor, he {the band member] started gyrating and humping," Erik said. This occurred with a number of different women but none were forced and the women all seemed to be enjoying the show as much as anyone else, he said. Those who wanted to wriggle away or flee the stage did so without hindrance. One woman was moved to raise her shirt and bare her breasts, to which the crowd responded with a resounding cheer.

The judge in Florida, using the Miller test determined that the material in 2 Live Crew's album "As Nasty As They Wanna Be" does not fall within the standards . of their defined community. That community was defined as the area of Palm Beach, Broward and Dade counties. The Supreme Court says speech deemed obscene--by failing the Miller test-may be censored. But where do YOU stand?

Shouldn't adults be entitled to read, see, listen to or take part in activities which some people find objectionable or obscene or "dangerous?"

One evening student, after listening to some of more blatantly violent lyrics, said "What they're doing is espousing misogyny. How much are women supposed to be forced to put up with." She's got a point. If nothing else, these songs are rude. Shouldn't society be allowed to protect itself from such "free speech?" Imagine yourself walking down a dark street and as you pass a group of males, their singing along to "Put Her in the Buck": 'TB break you down and dick you long, but bust yo' pussy then break your backbone. I'll go between the legs that's open wide, pushin' this dick from side to side, legs to the ceiling I'm feelin' the feelin", when I bust a nut yo' ass will be scream in'.

Yes, that would be rude alright, and

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frightening. But scary enough to merit a total ban? Other offerings from the "Crew" include "Dick Almighty" which says: "He 'II tear the pussy open, cause its satisfaction. The bitch won't leave, it's a fatal attraction. That dick will make a bitch cry, when fuck a bitch that's tight inside. That dick will make a bitch act cute, such my dick bitch and make it puke, jump up on it, grab it like you want it. If you could wear a dick bitch, you would flaunt it.

too? The authors don't particularly like the album and get no particular thrill from seeing such language in print, but we did like the fact that we could walk into a store and buy the album. We agree, the album seems to espouse misogyny. But ban it? Without the protection of the First Amendment, this article may not have been printed. But then again, community standards are always changing. Words printed today may be banned tomorrow!

The opinion is available in the library.

Skywalker Records, Inc. v. Navarro, 739 F. Supp. 578 (S.D. Fla. 1990).

Members of 2 Live Crew were arrested in June after a performance in Hollywood, B. Shaw and A. Wollermann are aspiring Fla., where they were performing songs Rap musicians and occasional defenders from "As Nasty As They Wanna Be." A of the-First Amendment. jury of six acquitted the band of obscenity charges on October 20, 1990 after concluding the groups' music was a form of art and "very humorous."

The evidence presented to the jury consisted of testimony from an American literature professor who testified that the group's lewdness is meant as a parody->" like Archie Bunker's attitudes of racism.

Despite the state's evidence jurors remained unconvinced that the performance . was obscene. Jurors said they laughed at the lyrics and even made up their own raps during deliberation. One juror was quoted as saying, "You take away one freedom and pretty soon they' re all gone."

Note the irony of this decision. At press time, the album is still obscene while a live performance is not.

So, what's the community standard here in New York? Do we ban the album here

Tune the

damn. piano already!

This space contributed as a public service.

What's Happening November 5-9: The brand new Bias October 30: The Lesbian and Gay Law Students Association wil host a lecture by Awareness Committee will be sponsoring Dennis DeLeon, Commissioner and Chair- events throughout the week. Some events person for the New York City Commission in planning are a multi-cultural food fair, on Human Rights. Mr. Deleon will address and awareness training for student leaders. his agency's role in fostering inter-group Students wishing to get involved with this relations and enforcing anti-bias laws. The committee should contact Helena 'Prigal lecture will be held in the Faculty Dining at Student Services.

Room from 5:00 p.m. to 7:00 p.m.

November 20: The Jewish Law Students Association is sponsoring a lecture

by Burt Zweiban, Counsel to Americans for a Safe Israel, in the Student Lounge from 6:00 p.m. to 8:00 p.m.

, Respites: Student

Services sponsors Respites every Thursday from 4:30 p.m. to 6:00 p.m. in the Student Lounge. There November 9: The bi-annual Outreach are also evening Respites every other October 31: The Student Bar Association Program, during which high school stu- Monday night from 7: 15 p.m.ro 8:00 p.m. is sponsoring a Halloween Party in the dents attend classes and discussion What is a Respite? Respites are an informal Student Lounge from 6:00 p. m. to 11 :00 groups. will be held all day. A room has· gathering of students, administrators, and p.m. If you missed the last SBA party, not been decided upon yet. This semes- professors. Friendly chatting and getting the Halloween Party is an opportunity to ter's sponsors include the BLSA. the to know other members of the NYLS community are the goals of Respites .Refreshmake up for missed free beer. A fun way LLSA, and the Urban Law Society. to meet and drink with your fellow NYLS ments are always served. students and faculty.

November 13: The Trial Lawyers As- ,---,--------------· November 1: the Environmental law sociation is sponsoring a workshop on The many student .organizations of Society is sponsoring a lecture on the ef- opening statement and summation stratfects of the United States and Canadian egy. The event will be held in the Faculty NYLS are sponsoring a number of proDining Room form 5~00 p.m. to 7:00 p,m. grams on a variety of topics this coming ecosystems caused by the hydroelectric month. To find out more information any power plant in the St. Jame Bay area of Speakers to be announced, of the events listed below, contact Mon ica Quebec. John Stanton of the New York Audubon Society St. James Bay Defense November 19: The Media Law Project Coen in Student Services at 431-2851 (ext.

Coalition is the featured speaker. The will sponsor a symposium on careers m 851). event will take place inthe Student Lounge Entertainment Law from4:00p.m. to 6:00 from 5:00 pm. to 7:QO-p.m_ ·p rn Speakers to be announced. ·

If-what happened on your inside · hapj]t!oed on your outside, woutd you still smoke?

NOV. 15. THE liREAT AMERICAN SMOKEOUT.

NEW YORK LAW SCHOOL REPORTER

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•OCTOBER 1990

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