Nyls reporter 1988

The New YorkLaw School Vol. VI Issue I

In Your Heart, You Know We're Right

• October 1988

_,

'•

Attention There will be an open staff meeting on Fri. Oct. 2 from 12-1 for old and new staff refreshments.

Highlights of this issue What We Think Chambers Trial DA Doctor Goes Over Hoochie Coochie Man Local Mugshots

pg pg pg pg pg

2 3 4 4 8

Page 2 •

NEW YORK LAW SCHOOL REPORTER

THE NEW YORK LAW SCHOOL

Reporter EDITOR-IN-CHIEF MfTCH WILUAMSON

• October 1988

Editor's Ideas

IF MEN· HAD BABIES

poor.. and it wouldn't be something of which to be ashamed.

There would be abortion clinics in every MANAGING EDITOR town, each with the same dignified symbol DIANE WOLFSON of fraternity carved in the facade, like a HEAD CARTOONIST caribou, or a bird of prey. Prevention of SHIRLEY WONG unwanted pregnancies would be a national priority, great sums of money would be PHOTOGRAPHY raised to inform other men about birth conDANMUALLEM trol. It wouldn't take the deadly threat of AIDS to get them to advertise condoms if STAFF ANNE F. AYCOCK, FRANCIS CHAN, BARRY BLOCK, RANDOLPH.F. IANNACONE, it were men who risked getting pregnant.

DAN MALONEY, JESSICA WAHL, THE HOOCHIE COOCHIE MAN, Dll/P MASSAND We might even see birth control and abor. TED ZAFIRIS tion service advertisements on prime time THE REPORTERinvites interested parties to submit columns, letters, articles. criticisms or suggestionsto: The Managing television.

Board, THE REPORTER, 57 Worth Street. Room C-l02, New York, N.Y. 10003. Telephone: (212) 431-2117.

THE REPORTER,which is publishedperiodicaJlyduringthe academicyear, has an opinioncolumn entitled "VIEWPOINT." Anyone who even made a "peep" about Persons interested in submitting a written opinion for this column should label it "VIEWPOl/ff' and submit it to THE taking the sacred right to abortion away REPORTER. THE REPORTER reserves the right to edit all material accepted for publication. would be politically unpopular, a heathen, ~==C=o=lle=ge=Pre=ss=Se=rv=ic=e =:su=bsc=n=·be='·~~~~===================!,dently got pregnant would be unreasona- a traitor, a communist. What right has ble.

Nor would it be reasonable to expect anyone to dictate that a man does with his Our Opinion that a man could no longer have sexual body? You can't MAKE men have babies!

This semester has seen the rise of an ugly, and to many of us, a scary development intercourse unless he was willing to bear Ludicrous!

But, alas, it is women who have babies. on the NYLS campus, a group that has as its stated goal the introduction and assertion a child. No, he has always had sex without of specific religious views into the classroom. Additionally, as would seem to be responsibility, and he'd sooner die that And people are sick and tired of women trying to explain that they have rights. reflective of such a group that believes it has "the Answer" for us all, it's also restrictive give that up. in its functioning. Only true believers need apply. We are speaking of the Christian The right to an abortion, you see, would Silly women! You have no rights! A bunch be in the interest of mankind. Its legiti- of forming cells have more rights than you Legal Society, that's heavy on the Christian and light on the legal.

Article I, Section 2 of the CLS constitution states: (in pertinent part) macy would cease to be an issue. It would do! So just shut up already and vote Rebe freely available for all men, rich and publican.

"The purpose of CLS shall be, but is not limited to the following: e) to proclaim Jesus as Lord through all that we do in the field of law and other disciplines; f) to encourage Christian lawyers to view law as a ministry and to provide legal services to the poor and needy" Somehow we feel that this goes beyond the normal purpose of a school sanctioned and sponsored student organization. Their constitution goes on to state the following: Article II-Section 4. Statement of Faith.

"CLS' theological commitment shall be as follows: Trusting in Jesus Christ as the Savior of Mankind, We believe in: 1) The bible as the inspired Word of God: · 2) The Deity of our Lord Jesus Christ, God's only begotten son.

3) the vicarious death of Jesus Christ for our sins, His bodily resurrection and his personal return.

4) the presence and power of the Holy spirit in the work of regeneration and the perfection of believers."

Please Note-Article III-Section 1 Eligibility "Membership on the Executive Board shall be limited to Christian members, who affirm the CLS' statement of faith pursuant to Article II, Section 4."

Article IV concerns the organization's Chaplain, who among other things is responsible for opening all "meetings, functions, and events of the CLS with prayer." Additionally the Chaplain must be a true believer (subject to Art. 3, sec 1 supraj since he must resolve any organizational disputes "in a manner consistent with biblical mandates" (whatever those may be).

We believe that this is all a bit much, as one NYLS student remarked "if I wanted to go to Oral Roberts Law School I would have." Churches and Synagogues are the appropriate place for religious instruction, not our law school.

The SBA constitution, while full of rules and regulations as to how they (the SBA) are supposed to operate, seems to be silent on the question of standards for forming student organizations that receive student funds and space in the student lounge. They ,, f>UT YOUR HOt.JOR I OF lOtJRSE Wt ttAD A seem to be more concerned with having a Halloween party and other similar functions crucial to NYLS students. tOMTftl\'T ... WE flNKIEV It is true that there have been restrictive organizations in the past, but they seem to be limited to the Journals, and the requirements have centered only on grades, not religious affirmation. No group that discriminates on religious grounds can be tolerated 1988 CHARLES W. FROESSEL MOOT COURT COMPETITION on this campus, and while- it may be inappropriate to ban such groups altogether, it is certainly questionable to use school funds & facilities to advance their goals. We winner: Lynn Mourey The editors would like to point out the don't need another "Scopes Trial," which according to one student who attended the finalists: Susan Quarles exemplary behavior of Judge Van Graaiffirst CLS meeting, seems to be the goal of the group. At that meeting it seems the Colburn Williams land of the 2nd Circuit Court of Appeals, biggest complaint most of their members have is that the "Christian View" is not Lisa Varriale who judged at the Moot Court Competiexpressed or advanced in the classroom. best briefs: Denise Quarles & tion.

He was delighted to speak last beWe on the Reporter see no need for religious interference with our legal education.

Susan Quarles cause he had a surprise for the winner, There are ample alternatives for that sort of activity. While this is a secular law scchool, Randolph Iannacone & who he described as a "pretty girl." The perhaps now is the time for the administration to look into a course on "Canon Law," Sandra Corbitt special surprise was a kiss on the lips. if there is the interest, taught in manner so that any of the student body interested can Thomas Agoglia & Though we don't know what Ms. Mourey take part without discomfort.

Michael Volpe thought of this display, a number of female Are Jim & Tammy Baker on their way to NYLS? Will Jimmy Swaggert soon be Michael Braverman & professors and students told The Reporter bringing his double edged message of love here in the future? Do they want Dean Jeffrey Greenberg that they found it sexist and offensive.

Simon to go on a hunger strike, ala Oral Roberts until he gets a few million for the Cara Hart.& Someone once said that if men had babies, abortion would be a sacrament. It would be an inalienable right whose . threads would be woven so securely into. the fabric of our society that no one would ever dream of stripping this priviledge away.

If it were a man's body and life that were affected, the right to an abortion would be taken very seriously. It would be unacceptable to insist that a man give up or postpone his ambitions in order to bear and raise a child. He would rightly see it as a threat to his economic and personal livelihood. A man has things to do, pl t I t b I · · aces O go, peOp e 0 ecome. nsistmg that he change his plans because he acci-

=

! ,, 1---------------------------------

new library?

Julie Goldstick "Sunlight is the best antiseptic," so said Chief Justice O.W. Holmes. Now thatL-------------------------------we've shone our light on the subject we'd like to hear from other members of the The card calls Dukakis, who in fact opstudent body. The next issue of the Reporter will come out in November. We will posed the Massachusetts furlough plan the leave ample space for all responsible replies, comments or opinions on the subject. told campus chapters they could give the We'd like to hear and we believe the student population at large would benefit from cards away without a fear of being sued, Bush campaign has blasted as pro-crimia further discussion on the subject. reported Arizona chapter Chairman Paul nal, "the killer's best friend, and the de------------------------------.. Rossi, who started handing out the cards cent, honest citizen's worst enemy."

McGovern said Parker Brothers will Sept. 16. but at least one campus chapter at the Parker Bros. To College GOP: Do Not "I do understand that Parker Brothers' allow "due time" for the College RepubliUniversity of Arizona has kept using Pass Go, Do Not Use Our Card the cards as a way to satirize ·a Mas- chairman is a Republican, so I think that's can National Committee to inform campus why we're allowed to use them,"· Rossi chapters to stop distributing the cards.

(CPS) - Parker Brothers, Inc. wants the sachusetts jail furlough program.

"We have no reason to believe the natold the Arizona Daily Wildcat, the cam"As far as we're concerned," said College Republicans to stop using tional committee will defy our request," pus paper.

Monopoly-like "Get Out of Jail Freer Parker Brothers spokeswoman Patricia Parker Brothers says that's untrue. "I .she added.

McGovern, "they're infringing upon om cards to take jabs at Democratic president If the College Republicans continue to copyright. »I e do not want them using the don't know the political affiliation of anycandidate Michael Dukakis. body at Parker Brothers," countered distribute the cards, the company's legal logo."

Parker Brothers, which manufactures The CRNC originally planned to sell McGovern. "This has nothing to do with counsel may take legal action, McGovern and markets Monopoly, sent a "cease and the cards, but in the wake of the threaten- political affiliation. We see this only as a said, "but it's difficult to say what we'll desist" letter to the College Republican do." ing letter from Parker Brothers, apparently copyright infringement."

National Committee (CRNC) last month,

Page 4 •

. NEW YORK LAW SCHOOL REPORTER

• October 1988

established many landmark court precedents in the areas of negligence and products liability. The liberalization of maland we have difficulty in obtaining hospi- philosophy is quite different. Podiatrists practice in recent decades has been a contal privileges. To win these battles, we are trained to be problem solvers, that is tinuation of the court's tendency to "prowill need a "brain trust" of DPM-JD's. In to examine patients objectively, to ask re- tect" consumers.

Against this background, I found it fruslight of this obvious need, it is surprising levant questions and to come to a diagtrating to argue with my professors (who that while the APMA Committee on Post- nosis. Podiatrists are always headed for were unaware of my background) that docone goal, the resolution of a patient's pain.

Graduate Education gives assistance to graduates studying the sciences and public Lawyers are asked to evaluate both sides tors are not generally "incompetents health, they have ignored podiatrists of any situation and to become an advocate mainly interested in making money."

We studied the case of an ophthalof only ONE side. They are called upon studying the Jaw. to construct a reasonable and persuasive mologist sued for malpractice by a young lady on the grounds that-he failed to take argument based on sound reasoning.

What's Law School Like a glaucoma pressure test. Testimony of Lawyers have a natural bias against docThere are similarites and differences between law school and podiatry school. tors. This stems from both economics and the medical experts tor both the "plaintiff Like podiatry school, students have an the modern thrust of the law. Economi- and defendant established that the standard enormous amount of material to learn and cally, there are many more patients than of the specailty did not require this test they must devote a great amount of time doctors. Lawyers ask themselves where for persons under age 40. This was beand effort. In addition, Jaw school is ex- can I make more money; suing patients cause the incidence of this condition was pensive and requires some significant sac- for accounts receivable or suing the doctor established to be less than one in 25,000 rifices. Not only are there tuition ex- for malpractice? The answer is painfully people. The jury ruled in favor of the doctor but the Supreme Court of Washington penses, but more costly still is the Jost clear. reversed the judgment and with 20/20 The twentieth century trend of the revenue from substantial cut backs of time hindsight found for the plaintiff, declaring in the office. Family life, by necessity courts has been to expand consumer rights. This movement was greatly ad- "under the facts of this reasonable prumust also suffer.

Beyond these basics, the teaching vanced by Judge Benjamin Cardozo. who (continued on page 10)

Reflections of a DPM in Law School

By Barry H. Block, D.P.M.

*

Being a podiatrist in a Jaw school is in itself ironic and paradoxical. Why afterall, would an individual who has spent a significant part of his life training to be a podiatrist enroll as a student in the one profession which has been the bane of podiatry's existence? Could it be the "if you can't beat them, JOm them" philosophy or could a podiatrist actually learn "the Jaw" and its application and thus be in a better position to deal with podiatric legal problems?

As I pondered that question the first day in school, I was astonished when I discovered that the student sitting next to me, another D.P.M. was mulling over the same question. Podiatrists, it appears, have finally woken up to the reality that we cannot exist as an autonomous profession, dependent on attorneys to fight our legal battles for us. It's no secret that podiatry faces a massive malpractice crisis

STUDENT BILLBOARD A. W .-Is falling asleep on the couch with your mouth open a confusing signal?-<lead horse Whose idea is that sick, sweet smell in the bathrooms?

Dave-Let's do drinks-me WRITE NOTES TO YOUR FRIENDS drop off at Reporter office room 102 While abroad

. '.'but you don't understand!" TZ

mon cher-I find you unavoidable-MK C.L.-Great PR job! Love you babe!-R.L. It's too hot in the lounge for sweaters.

Rosa Maggiore, a lL from Brooklyn, makes use of one of the 4 computers installed in the library basement for students' use. Check the desk for details.

(Photo by M. Williamson)

L.B. Have you suffered publicly lately?

N.A.-you self-righteous, loathsome, overhyped, lead-free inherently ~,npleasantobstructionist. Where have you been lately?-E.F.

MARINO COMPREHENSIVE NEW YORK

B.1.-I'm still waiting for you to. be spontaneous-Fifi

BS Law Review, by the Hoochie Coochie Man: According to a recent Associated Press isn't a "cornmiee in every corner" (maybe release, the Federal Communication Com- just every other comer') However, we mission revived an old proposal to allow cannot so eaisly discount spectrum scarnational television networks to own cable city which in reality boils down to economic power anyway. This is because television systems.

This rule was first proposed in 1982 by it costs so much GOD DAMN money to the FCC while it was still under the control purchase the new technologies that make of Reagan appointee Mark Fowler. it possible for each of us to possess our· Fowler's approach to FCC regulation of own full tilt boogie cos mo-demonic broadthe broadcast giants was basically one of cast and/or cable system/network.

Sadly, the attitude at the FCC for the inaction in the name of deregulation under a market place theory. (Former Reagan past eight years along with the ongoing Secretary of the Interior James "Beach efforts by the broadcast and cable Boy" Watt under a similar theory proposed monopolists to further subjugate an ala program of selling our national forests ready "captive audience" has produced the . atmosphere of sanitized and homogenized to lumber companies). corporate rock (as well as RAPP). In such The present approach to cross-owneran environment well known music video ship revived by current Reagan appointee, Chairman Dennis Patrick, is contrary to cable channels can easily refuse to play a the FCC's "public interest standard" as Neil Young social commentary video for found in the Communications Act of 1934 fear of angering their advertisers or the (the law that governs broadcast). The pub- advertisers of the broadcasters that carry lic interest standard was included in the their late night weekend pre-packaged 1934 Act for three reasons: first, to deal "countdown" programing (not that the with spectrum (radio and tv frequency) Hoochie Coochie Man prefers the snivelscarcity; second, to deal with the concen- ing Young in the place of the more genteel tration of economic power (believe it or social essayists such as Cryptease or Mojo not kids, at one time the FCC and our Nixon and Skid Roper).

So, where does that leave us? It leaves federal government was not in the vest pocket of the fat cats); and, third, to deal us with FCC chairman, Patrick saying that with the political power of the broadcas- he doubts if a network-owned cable system would risk alienating viewers by dropters (a.k.a. the "fear" factor).

We can discount the "fear factor" since ping a popular programing from its lineup.

I say B.S., and what's more I don't most of us (excluding a certain Republicans and members of the religious right) care, I don't waste my time watching that realized after the McCarthy era that there c~~p anyway.

PRICE COMPARISON

Marino Comprehensive: One Course, One Price With Marino Comprehensive you'll pay one fee and that's all.

There are no add-ons, no ancillary or material costs, rio other courses to take or payments to make ··just the most thorough and thoroughly successful bar exam preparation you can get, anywhere.

MARINO

BAR/BRI

PIEPER

Complete Program

Yes· $1075.

No

No

Bar Course

NY BarPass Review Included

Yes $1050.

Yes $995.

Specialized Essay Writing Course

Marino Plus Included

Extra charge $225.00

Specialixed MBE Clinics

Marino MBE Included

Extra charge $125.00

!jt.ecialize<I . Y. Practice Course

Marino CPLR WorkshoJ Include

Average outside vendor cost: $75.

Full Refund Policy

Yes

No

TOT AL ~Cost

of ackage)

Discount

$1075.00 . 225.00

$1475.00 . 150.00

$1420.00 . 125.00

Discount Price

$ 850.00

$1325.00

$1295.00

Complete

until Nov. 30

Not offered.

until Nov. 30

Not offered.

Av.erage

outside vendor cost: $300.

Not offered.

Average

outside vendor cosl: $125.

Yes

Yes

. until Nov. I

or

Note. For the purpose price companson, Manno Comprehensive, a program more complete than BARIBRI or Pieper, has added lo the base price of each of the latter the ulm costs a student would necessarily incur in order to cover every aspect of bar preparation contained in Marino Comprehensive.

For the summer 1988 bar exam cycle 70% of all non·Marino Comprehensive students found it necessary to supplement their bar course with these eztro courses.

115 East 19th Street, New York, N.Y. 10003 / 212-420-9800 / 1-800.J-MARINO

Page 4 •

. NEW YORK LAW SCHOOL REPORTER

• October 1988

established many landmark court precedents in the areas of negligence and products liability. The liberalization of maland we have difficulty in obtaining hospi- philosophy is quite different. Podiatrists practice in recent decades has been a contal privileges. To win these battles, we are trained to be problem solvers, that is tinuation of the court's tendency to "prowill need a "brain trust" of DPM-JD's. In to examine patients objectively, to ask re- tect" consumers.

Against this background, I found it fruslight of this obvious need, it is surprising levant questions and to come to a diagtrating to argue with my professors (who that while the APMA Committee on Post- nosis. Podiatrists are always headed for were unaware of my background) that docone goal, the resolution of a patient's pain.

Graduate Education gives assistance to graduates studying the sciences and public Lawyers are asked to evaluate both sides tors are not generally "incompetents health, they have ignored podiatrists of any situation and to become an advocate mainly interested in making money."

We studied the case of an ophthalof only ONE side. They are called upon studying the Jaw. to construct a reasonable and persuasive mologist sued for malpractice by a young lady on the grounds that-he failed to take argument based on sound reasoning.

What's Law School Like a glaucoma pressure test. Testimony of Lawyers have a natural bias against docThere are similarites and differences between law school and podiatry school. tors. This stems from both economics and the medical experts tor both the "plaintiff Like podiatry school, students have an the modern thrust of the law. Economi- and defendant established that the standard enormous amount of material to learn and cally, there are many more patients than of the specailty did not require this test they must devote a great amount of time doctors. Lawyers ask themselves where for persons under age 40. This was beand effort. In addition, Jaw school is ex- can I make more money; suing patients cause the incidence of this condition was pensive and requires some significant sac- for accounts receivable or suing the doctor established to be less than one in 25,000 rifices. Not only are there tuition ex- for malpractice? The answer is painfully people. The jury ruled in favor of the doctor but the Supreme Court of Washington penses, but more costly still is the Jost clear. reversed the judgment and with 20/20 The twentieth century trend of the revenue from substantial cut backs of time hindsight found for the plaintiff, declaring in the office. Family life, by necessity courts has been to expand consumer rights. This movement was greatly ad- "under the facts of this reasonable prumust also suffer.

Beyond these basics, the teaching vanced by Judge Benjamin Cardozo. who (continued on page 10)

Reflections of a DPM in Law School

By Barry H. Block, D.P.M.

*

Being a podiatrist in a Jaw school is in itself ironic and paradoxical. Why afterall, would an individual who has spent a significant part of his life training to be a podiatrist enroll as a student in the one profession which has been the bane of podiatry's existence? Could it be the "if you can't beat them, JOm them" philosophy or could a podiatrist actually learn "the Jaw" and its application and thus be in a better position to deal with podiatric legal problems?

As I pondered that question the first day in school, I was astonished when I discovered that the student sitting next to me, another D.P.M. was mulling over the same question. Podiatrists, it appears, have finally woken up to the reality that we cannot exist as an autonomous profession, dependent on attorneys to fight our legal battles for us. It's no secret that podiatry faces a massive malpractice crisis

STUDENT BILLBOARD A. W .-Is falling asleep on the couch with your mouth open a confusing signal?-<lead horse Whose idea is that sick, sweet smell in the bathrooms?

Dave-Let's do drinks-me WRITE NOTES TO YOUR FRIENDS drop off at Reporter office room 102 While abroad

. '.'but you don't understand!" TZ

mon cher-I find you unavoidable-MK C.L.-Great PR job! Love you babe!-R.L. It's too hot in the lounge for sweaters.

Rosa Maggiore, a lL from Brooklyn, makes use of one of the 4 computers installed in the library basement for students' use. Check the desk for details.

(Photo by M. Williamson)

L.B. Have you suffered publicly lately?

N.A.-you self-righteous, loathsome, overhyped, lead-free inherently ~,npleasantobstructionist. Where have you been lately?-E.F.

MARINO COMPREHENSIVE NEW YORK

B.1.-I'm still waiting for you to. be spontaneous-Fifi

BS Law Review, by the Hoochie Coochie Man: According to a recent Associated Press isn't a "cornmiee in every corner" (maybe release, the Federal Communication Com- just every other comer') However, we mission revived an old proposal to allow cannot so eaisly discount spectrum scarnational television networks to own cable city which in reality boils down to economic power anyway. This is because television systems.

This rule was first proposed in 1982 by it costs so much GOD DAMN money to the FCC while it was still under the control purchase the new technologies that make of Reagan appointee Mark Fowler. it possible for each of us to possess our· Fowler's approach to FCC regulation of own full tilt boogie cos mo-demonic broadthe broadcast giants was basically one of cast and/or cable system/network.

Sadly, the attitude at the FCC for the inaction in the name of deregulation under a market place theory. (Former Reagan past eight years along with the ongoing Secretary of the Interior James "Beach efforts by the broadcast and cable Boy" Watt under a similar theory proposed monopolists to further subjugate an ala program of selling our national forests ready "captive audience" has produced the . atmosphere of sanitized and homogenized to lumber companies). corporate rock (as well as RAPP). In such The present approach to cross-owneran environment well known music video ship revived by current Reagan appointee, Chairman Dennis Patrick, is contrary to cable channels can easily refuse to play a the FCC's "public interest standard" as Neil Young social commentary video for found in the Communications Act of 1934 fear of angering their advertisers or the (the law that governs broadcast). The pub- advertisers of the broadcasters that carry lic interest standard was included in the their late night weekend pre-packaged 1934 Act for three reasons: first, to deal "countdown" programing (not that the with spectrum (radio and tv frequency) Hoochie Coochie Man prefers the snivelscarcity; second, to deal with the concen- ing Young in the place of the more genteel tration of economic power (believe it or social essayists such as Cryptease or Mojo not kids, at one time the FCC and our Nixon and Skid Roper).

So, where does that leave us? It leaves federal government was not in the vest pocket of the fat cats); and, third, to deal us with FCC chairman, Patrick saying that with the political power of the broadcas- he doubts if a network-owned cable system would risk alienating viewers by dropters (a.k.a. the "fear" factor).

We can discount the "fear factor" since ping a popular programing from its lineup.

I say B.S., and what's more I don't most of us (excluding a certain Republicans and members of the religious right) care, I don't waste my time watching that realized after the McCarthy era that there c~~p anyway.

PRICE COMPARISON

Marino Comprehensive: One Course, One Price With Marino Comprehensive you'll pay one fee and that's all.

There are no add-ons, no ancillary or material costs, rio other courses to take or payments to make ··just the most thorough and thoroughly successful bar exam preparation you can get, anywhere.

MARINO

BAR/BRI

PIEPER

Complete Program

Yes· $1075.

No

No

Bar Course

NY BarPass Review Included

Yes $1050.

Yes $995.

Specialized Essay Writing Course

Marino Plus Included

Extra charge $225.00

Specialixed MBE Clinics

Marino MBE Included

Extra charge $125.00

!jt.ecialize<I . Y. Practice Course

Marino CPLR WorkshoJ Include

Average outside vendor cost: $75.

Full Refund Policy

Yes

No

TOT AL ~Cost

of ackage)

Discount

$1075.00 . 225.00

$1475.00 . 150.00

$1420.00 . 125.00

Discount Price

$ 850.00

$1325.00

$1295.00

Complete

until Nov. 30

Not offered.

until Nov. 30

Not offered.

Av.erage

outside vendor cost: $300.

Not offered.

Average

outside vendor cosl: $125.

Yes

Yes

. until Nov. I

or

Note. For the purpose price companson, Manno Comprehensive, a program more complete than BARIBRI or Pieper, has added lo the base price of each of the latter the ulm costs a student would necessarily incur in order to cover every aspect of bar preparation contained in Marino Comprehensive.

For the summer 1988 bar exam cycle 70% of all non·Marino Comprehensive students found it necessary to supplement their bar course with these eztro courses.

115 East 19th Street, New York, N.Y. 10003 / 212-420-9800 / 1-800.J-MARINO

_Oc_to_be_r_19_8_8•~~~~~~~~~~N_E_W_Y_O_R_K_LA_W~SC_H_OO~L_RE_P_O_R~.T_ER~~~~~~~~~~~•~Page~

New

York,

New

Jersey,

and

New

England Students

MULTI STATE PROFESSIONAL RESPONSIBILITY EXAM I ECTURE

llore people take BAR/BAI than take all other bar review courses combined. And more people take BAR/BRl's course on the Multistate _Professional Responsibility Exam (MPRE).

For students currently enrolled in law school and enrolled in the BAR/BAI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BAI bar review course (differing amounts will be credited in other BAR/BAI states).

LOCAt10H Date:S~T. ~ 5TH =rosn-t: PM l)E.NIA

L1\I(

Place:

( 7TH A-..Jt... ~

N£\J ~ORK c,ty, Ac;oss fRo~ f.:NKSt~

1-lotE.L

33~~51.

ll1e Nation's Largest and Most Sua:essful Bar Review.

415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696. (516) 542-1030. (914) 684-0807. (201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617) 437-1171

<Cl 1998 BAR/SRI

Page 6 •

-

NEW YORK LAW SCHOOL REPORTER

• October 1988

This year, another bar review course has put out a poster inducing students wbo have already signed up vvith other bar review courses to switch peograms, BAR/BRI refuses to play this game, We believe that students are mature enough to enroll in a course. If they believe they made a mistake, they are marure enough to change courses. · If a stud.ent signs up with BAR/BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help ehem with that objective, and not to destroy their confidence in themselves and in th~ir course.

We vvill not underinine students' confidence in their course by play~g on their insecurities •.

After all, we're attorneys. And we intend to help you become attorneys, too.

(212) 594-3696

"Where professional responsibility is more thanjust a course.''™

October 1988 •

•Page 7

NEW YORK LAW SCHOOL REPORTER

·JLSA Recognized in the fall of 1988, JLSA has begun to take an active role in bringing to the New York Law School community quality informative programs and events.

JLSA is a nationally recognized organization devoted to programs concerning legal, international, political, Jewish and Israeli issues, Starting as a small group of eight members, JLSA has grown in one semester to 45 plus members of varying religious persuasions.

Last year, JLSA brought Yacov Rubin, the President of the Israeli Bar Association, the Chief Justice of the Military Tribunals in Judea and Sameria, and Ari Rath, the Editor in Chief of the Jerusalem Post, to New York Law School to speak on legal issues concerning Israel and other relevant topics.

This year, JLSA began the fall semester

with a "Presidential" Debate. Representatives of the Bush and Dukakis campaigns focused on the candidates' position as to Israel, and other related issues. The program was well attended, and was greeted with active audience response.

JLSA plans for the rest of th'! year to present programs such as "The Role of Women in Israel-Equality?; BlackJewish Relations (in connection with BALLSA); and various other programs on Soviet Jewry, the Holocaust and other topics of communal concern. Representatives of the organization will be sent to the Jewish Law Student Association National Conference in Chicago.

JLSA welcomes all to join and become active participants, with no restrictions on, membership or officers.

Summer Associates, or a Word to the Wise and the Other 90% by

Randolph

Frank Iannacone, N.Y.L.S.

2L,

It seems to me that everyone at some time gets anxious about finding the ideal summer position at a plush law firm. This anxiety that we all have experienced raises three questions. First, how does one deal with the hard reality of failing to acquire the preconceived paradigm of summer positions? Second, how does one deal with the phenomenal stories that abound about the elect few who appear to lead storybook lives and invariably seem to get whatever they want? Lastly, how does one deal with the compulsion to reach goals that are reasonable to prefer, but are often unattainable?

Rather than set out an elaborate theory on how to deal with these issues, I prefer instead to paraphrase a story told to me by my grandmother not more than a week ago.

Once there was a law student who was feeling greatly cheated by life. Suddenly a bird landed near him during his moment of self-pity and the student captured it.

Suppose you have been unjustly thrown in prison, no trial, no appeal, like But it was an extraordinarily learned crethousands of others in countries without due process. The efforts of Amnesty ature that could speak in any language, International can help gain your release.

The bird pleaded with her captor, "Set.me free, and I will give to you some gifts of great value that will serve you well _Please stop by room l 03 in the student lounge, and join the effort to release the throughout your life. Having obtained prisoners of conscience throughout the world by adding your name to the Universal them, your life will be full of happiness Declaration of Human Rights. and you will very likely be successful upon graduation .' ,

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"I will only release you if you give them to me first," said the law student.

Upon hearing this, the bird demanded that the student give his solemn oath to set her free after she gave her gifts. Naturally, the student agreed.

The bird then spoke, "Pay heed then!

These are my valuable gifts. The first gift is never to regret that which has already happened. The second is never to believe the incredible and the third is never to expect to obtain the unattainable."

At this the bird demanded to be set free and the student true to his oath set the bird free.

Immediately the bird spread her wings and flew off to the top of a nearby tree and from her high vantage point she mocked the man below. "You are a fool," said the bird. "You released me not knowing that I have swallowed a wondrous pearl that will not pass from my body and bywhose power I have been made wise.

If you could get this pearl from me, these powers would be yours!"

Upon hearing this the law student deeply regretted freeing the bird. Feeling cheated, he cursed the bird. This time he was not going to be victimized; he was going to do something about it; he would recapture the bird and take the pearl from her body! In order to get the pearl he began to climb the tree upon which the bird was perched. Scarcely had he climbed halfway up the tree when he lost his hold and fell a great distance to the ground below.

The bird looked down upon him and laughed as he lay there with broken bones. moaning in pain. "Foolish man! Only a few moments have passed since I imparted to you my gifts of wisdom and already you have overlooked them! I told you never to regret anything that has happened. and without delay you regretted giving me my freedom. I instructed you not to believe the incredible and. nevertheless. you believed my incredible story that I swallowed a wondrous pearl of wisdom.

1 am nothing but an ordinary bird who forages for her food from hour to hour as all birds must do! Lastly. I warned you against expecting to achieve the unattainable and. nonetheless. you naively expected to capture a bird on the wing with your bare hands. Because you did not heed me you now lie broken and bleeding.

About you the proverb was written. ·A reprimand means more to wise man than one hundred lashes mean to a fool.' There are. unfortunately. many dimwits like you among humankind."

Res ipsa loquitur . Rather than muddle the self-evident meaning of this parable.

I prefer to talk about the woman who told it. My grandmother is an immigrant who worked in the sweat shops in the industrial America of 1900. She had little formal education and speaks with an accent to this day. Moreov er. this beneficial lesson was told to me in her native language.

Italian. As my grandmother tells the story. the principle character is a farmer who feels cheated by his fate. This particular farmer resents having to work from dawn to dusk to scratch out a meager living. while the inhabitants of the big city appear to lead lives of east and luxury.

Today. my grandmother is nearly ninety years of age. She is. as I observe. one of the happiest. satisfied and successful individuals that I know. Isn't it amazing that someone with so little formal education achieved life's ultimate reward - a sense of well being. personal mastery and satisfaction with one's own uniqueness. An immigrant too! Only in America'

80 \

150+ \' \ ...::...,

__,

"Dr. Block is Editor-in-Chief of PODIATRY MANAGEME~1T and author of the forthcoming book PO DIA TRIC MARKETING & PRACTICE \1A:-.;AGEMENT (Williams & Wilkins). He is currently a second year evening law student at New York Law School.

Page

8•

NEW YORK LAW SCHOOL REPORTER

•October 1988

THE ROVING REPORTER

, Question: If tragedy should strike, and you became President of the United States, what would be the first steps you'd take and why?

Books We've Seen . Premarital Agreements: When, Why, .and How to Write Them

by Joseph P. Zach $17. 95 cloth 156 pages Harper & Row

"Find out what was going on."

Ed Iturralde, 2nd year Elizabeth, NJ

"Get on national TV, assure America that even though catastrophe has struck, it's a time to come together. Get a sense of unity."

Alex Widell, 2nd year Oceanside, NY

"I would call my parents and I'd throw a party. I won't forget my friends."

Cyntha Hanrahan, 2nd year Manhattan

"I would meet with all my department heads and go over the president's strategies up to that point and decide which ones to keep."

Darryl Wesby, 2nd year Queens

"Well, your asking about my qualifications, obviously."

Don Lash, t st year Mahattan

"I thought I already answered this question. It depends on the situation.

I would consult my advisors and brainstorm."

Nicole Rossi, 1st year Manhattan

$7.95 paper,

Question: Did the Tysons prepare a premarital agreement? Probably not, since then we'd be left without any ongoing headlines. But had they read this excellent work they probably could have written one by themselves (if they wanted to) without . going to their respective high-priced lawyers.

Mr. Zack, an Iowa attorney, has rendered a great service to all those in the field of family law with a state by state run down of the law concerning antenuptual agreements, with case citations and other useful information.

Other useful items included are sample forms, lists of items to consider, rules concerning the validity of agreements in anticipation of marriage, and ways to modify such agreements should the need arise.

Also included is the Uniform Premarital Agreement Act, and those states that are considering adopting it. (Note: New Jersey is one of those states.)

The book starts out with the "MostOften-Asked-Questions" and goes on to address other possible concerns that might arise in the context of an agreement. All in all this is definitely one of the best values as law related works go and a must if you are either thinking of marriage or planning to practice family law.

Lovers, Dcotors & The Law: Your Legal Rights & Responsibilities in Today's Sex-Health Crisis $7. 95 paper, $15. 95 cloth 248 pages Margaret Davis, J .D. Harper & Row This book is a reflection of the times, the sexual revolution has turned back upon (continued on page 9)

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•Page 9

NEW YORK LAW SCHOOL REPORTER

• October 1988

BOOKS (from page 8) us and lovers found themselves in court as often as in bed. Davis has produced a guidebook for our times, discussing the various legal aspects of this counterrevolution, and with consultation from Dr. Robert S. Scott, the medical aspects are also covered in a manner easy to understand for the laymen in the audience.

Included are some of the recent cases from around the country, where one party is suing another for the transmission of a sexual disease. A state by state run down of the Jaw pertaining to disease is included and should prove most useful to all. Tips are given for both getting and giving information to your lover or the one you hope will be. The Lover's Legal Checklist is offered as well as a Lawyer's Legal Checklist in what can only be described as a manual for life in the 80s.

"Look, I already told you, I'm not studying anymore. I didn't get an' A' the last time, so I'm going on a kibbutz."

(Photo by M. Williamson)

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Page 10 •

NEW YORK LAW SCHOOL REPORTER

Fairstein (From pg 3)

PIES AND GfNTlfMEN' HERE WE HAVE. ~EFME YET ANOTHER REASONABLE, FROM THE

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I

INSANE PERSON.

OF 199 I . ''

"------------------------------_,

quired for prosecution. Victims must reveal intimate details they may not have been able to tell anyone else. She noted that vicimts rarely request that their case be handled by a woman, "Out of the 500600 cases that come through our office a year, three would be a lot." Success in prosecution does not require that a prosecutor be either male or female According to Fairstein.

Ms. Fairstein expressed her amazement at the volume and range of crimes, seen in the D.A. 's office, calling it "man's inhumanity to woman and, in the Crispo case, man's inhumanityto man. (Ed. note: Crispo found not guilty) In a day, we may see an I I-month old infant who had been vaginally penetrated and not only had vaginal lacerations, but also gonorrhea; a pregnant I5-year-old girl, whose parents had filed charges against a 33-year old neighbor and wanted me either to get a conviction or to force him to marry her, a female foreign tourist who met a man at Nell's and agreed to go to a hotel to have intercourse, then at the hotel, she changed her mind, but he strangled her into submission, leaving severe bruises on her neck; a patient who had been raped by a proctologist; a teenage girl who was raped on the roof of the building where she lived by an assailant who had just been released from prison, where he had been serving time for committing a series of

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•October 1988 similar crimes."

A new problem for the Unit is AIDS. Many victims fear that they have been exposed to AIDS because some assailants ·have died of AIDS while awaiting trial, and those with previous records may be part of the inmate population or IV users, thus, in high risk groups. In most of the cases, Ms. Fairstein said, "We are asked to be social worker, psychiatrist, friend and mother," so tremendous bonds form with the victims.

Ms. Fairstein clearly has a sense of humor regarding the problems she encountered as a female prosecutor. However, she insisted that gender should not be the main issue, rather it should be professional competency and the extent of one's experience both men and women are equally capable of being good prosecutors.

Reflections (From pg 4) dence required the timely giving of the pressure test to this patient" Helling v.

Carey, 83 Wn. 2d 514, 519 P.2d 981 (1974).

The message is clear: Even if you follow the standards established by podiatry, you ·can still be held liable if the court finds that you should have gone BEYOND those standards.

In another case, a doctor operated on a patient, who later died because of unrelated causes. He was sued for malpractice but prevailed. The doctor then sued the lawyer for malicious prosecution. The doctor asked for compensation for increased malpractice premiums, damage to his reputation and mental anguish. The Supreme Court of Michigan found that although the lawyer's suit had been groundless, the doctor could not collect because he had not suffered any "Special damages" Friedman v. Dozorc, 412 Mich.

I, 312 N.W.2d 585 (1981).

The law is not. however, hopelessly stacked against doctors. In another case, an 86 year old woman was injured in an automobile accident and later developed decubital ulcers. Her attorney sued the doctor even though he knew from other doctors that the doctor had not been negligent in the care of the woman. A jury gave the doctor $35,000 in compensatory and $50,000 in punitive damages for abuse of process Bull v. McClusky, 96 Nev. 706, 615 P.2d 957 (1980).

How Law Students Are Treated Another essential difference is the attitude that the law school administration and professors have towards students.

Law students are generally respected, and are urged to participate in classroom and extra-curricular activities. Differences of opinion are expected and a discourse of ideas is encouraged. This is contrary to the podiatric school experience in which students were oftne humiliated or degraded by their professors. I was always surprised that a teacher could be disrespectful to a student who might conceivably some day become president of the podiatry college.

The law school itself makes the difficult life of a student more bearable. They have an active job placement service which instructs students on everything from resume preparation to interview techniques.

The school also tries to make students feel more comfortable in the weeks before exams by providing wine and cheese respites. Law school exams are notoriously difficult (only 5% of students gets A's).

The school prepares special video tapes designed to help students pass exams. I'm sure that the school benefits from these niceties when they tap their alumni for donations.

The law school experience is surely strenuous and demanding. My challenge is to learn how to "think like a lawyer" without forgetting the important fundamentals acquired in podiatry school and applied in the real world of patient care.

Out of this understanding may come a foundation on which solutions to the podiatrist/attorney adversarial relationship can be resolved.

October 1988 •

NEW YORK LAW SCHOOL REPORTER

•Page

11

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Page 12 •

NEW YORK LAW SCHOOL REPORTER

• October 1988

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