The New York Law School Reporter, vol III, no. 1, October 18, 1985

Page 1

The New York Law School

October 18, 1985

Vol. III No. 1

Carter

Rips Reagan's

By BOB GOLDMAN the decreasing number of Soviet Jews perand GLEN GENTILE mitted to .ernigrate as evidence of "IethFormer President Jimmy Carter at- argy" in the Reaganadministration'sattitude tacked the Reagan administration's human towards Soviet human rights violations. rights policies at the first Mario Biaggi He said that we have both a right and a lecture, held at New York Law School last duty to protest the treatment of Anatoly Friday afternoon. Scharansky. the Soviet dissident, even The former President, who was awarded though he may be guilty under Soviet law. an honorary doctor of laws degree from Carter said that it is unacceptable to say NYLS, chided the Reagan administra- that "all Palestinians are terrorists" or that tions "silence." on human rights in both "we should only allow whites to vote in the domestic and international arenas. "In South Africa" because these ideas stigmarecent years, we've heard a lot of silence tize an entire people, and are incompatible coming out of Washington;" he said. with freedom. democracy and justice. The Justice Department has always deHe quoted Jacobo Timmerman, the Arfended the rights of minorities and human gentinian newspaper editor, who was imrights from the Roosevelt administratio;'-prisoned during the reign of the military through his own tenure in office, Carter junta in Argentina. "In the beginning," said. "That has now changed. The Justice said Carter, "when Timmerman thought Department is now more likely to be on the he was to be executed, he said there was a other side. That disturbs me very much," great silence.and this silence could transsaid Carter, adding that his administration form any nation into an accomplice." was on the side of affirmative action pro"The United States can create a deafgrams and equality. ening silence;" Carter said, as he drew an The former President, who is now a analogy to the silence of the United States distinguished professor at Emory Univer- in the face of Nazi atrocities committed sity, said the Reagan administration's pol- during World War II. "And the Jews icy of "constructive engagement" in died," Carter added. South Africa has become identified with "Because we are free, we can never "quiet approval" of apartheid.. He added remain indifferent to violations of human his daughter, Amy, was recently arrested freedom elsewhere;" he said. outside of the South African embassy for Carter said we need maximum efforts protesting apartheid. from every citizen who is concerned about In an allusion to Reagan's "evil em- human rights and justice. He called New pire" speech, Carter said that calling the York Law School "a great law school," Soviet Union "evil" was an example of and he said the school should be a leader in stigmatizing an entire people. He cited the areas of human rights and justice.

Rights

Policies

President Carter speaking at news conference, flanked by (I. to r.) Dean Emeritus Daniel Gutman, Rep. Mario Biaggi, and Dean James Simon. At a press conference following the lecture, Carter applauded the U.S. Navy's interception of the Egyptian plane which carried the four seajackers of the Achille Lauro, the recently hijacked Italian tourist boat. The plane was captured as it flew over Italy. Carter congratulated Reagan for his success in capturing the terrorists whom he called "criminals against international law." He said he opposed any efforts to extradite the terrorists from Italy because Italy was in a better position than the United States to handle the case "more rapidly

and expeditiously.'' Carter said that because of the many protections afforded criminal defendants in the United States, the terrorists would be brought to justice more swiftly in Italy. Carter said President Hosni Mubarak of Egypt acted in "the best interests" of all parties when he made a deal with the seajackers that would have given them safe passage out of Egypt for the safe return of the passengers. Mubarak based his decision on the information he had at the time, that there were no casualties on board the continued on page 3

Leuci,"Prince of the City," Speaks at NYLS By Nick DeMarco Bob Leuci, once known as the "Prince of the City," a New York cop who reported on fellow officers in blue, spoke before a fascinated audience of New York Law School students on October 7. Mr.

Bob Leuci

Leuci is now a novelist and critic of the criminal justice system. As a long-time friend of Professor Robert Blecker, a criminal law specialist who currently teaches "Lawyers and the System of Justice" for upperclass evening students, Bob Leuci has appeared freqently at NYLS. He took advantage of Professor Bleeker's offer to address an ethics class and other interested students about the dark period of his career as a New York City cop on the beat. Blecker noted from the outset that lawyers are just as subject to the erosion of the criminal justice system as the police who work within it. The broad similarities include the far-reaching power available to both cops and attorneys, and the relatively unsupervised, often unrestrained nature of

their professions. Leuci served only to embellish that image, serving up stories of his days at the Police Academy and his later on-the-job training. While his stories were fascinating, Leuci himself is an enigma. His career as a cop, and the events leading up to his "coming clean" before the authorities, have been documented in a best selling book and major motion picture. Why he turned himself and his "buddies" in remains a mystery to Blecker and others. Leuci can be seen as a living embodiment of the ethical dilemma of what he calls the "erosion process. " He postulates that "you don't rub off on the street, the street rubs off on you." continued on page 3

INSIDE Placement Woes - p.5 Nicaraguan Abduction - p.6 Club News - p.8 Music Views - p.10 Lst Year Life - p.11


THE NEW YORK LAW SCHOOL REPORTER

Page 2 •

Profile;

Dean of Students

By Joanne Zervos In the legal sector, it takes about seven years to climb the law firm ladder to partner. The recently appointed Dean of Students, Joan Fishman is an example of the seven year climb in the administrative service sector. After she graduated Johns Hopkins University, with a B.A. degree in psychology, Dean Fishman obtained employment as a clerk in the New York Law School Financial Aid Office. "Honestly," she admits, ''I needed a job.'' Under the supervision of the former Financial Aid Director, Merrill Feinberg, Dean Fishman became Assistant Director of Financial Aid. During this period, she obtained a master's degree in Higher Education and Adminstration from Teacher's College, Columbia Univeristy. Dean Fishman described with pride her work with Dean Feinberg to establish a more encompassing Financial Aid program at the Law School. She said that "in 1978, perhaps because the law school was not that expensive, there was not a real need or room for development in financial aid." She added that "the school did not want involvement in financial aid. The administration feared being too tied to the federal government-a real fear of collection agencies." As a result, she left New York Law School to counsel at Barnard. However, when New York Law School offered her a new position as Financial Aid Director in 198 l , she re-

.Joan Fishman

• October 18, 1985

Forger Elected Trustee Chair

turned. dress practical tasks, i.e., debt manageAlexander D. Forger has been elected As director, she was able to continue ment forums, to introduce students to techchairman of the Law School's Board of the work she had started with former Dean niques for coping with their loans upon Trustees. Mr. Forger replaces John v: Feinberg. Policies and procedures to ob- graduation. Dean Fishman hopes to estabThornton who has served the school as tain work-study were formally estab- lish study groups so that students, who are chairman since 1972. lished. In 1982, National Direct Student not already members of study groups, will Mr. Forger is Managing Partner of MilLoans (N.D.S.L.) were made available become more aware of the problems they bank, Tweed, Hadley & McCloy. Among through the school. face. She said she hopes to "get students other professional activities, he is current Dean Fishman was also appointed, in out of the bottom" by instituting programs chairman and past president of the Legal 1984, to represent the school in various directed at teaching students how to focus Aid Society. In addition, he is former presnationwide admissions recruitment con- on their studies. Her desire is to become ident of the New York State Bar Associaferences. She admists, "I got the job be- aware· of the students' "other lives" cause the second thing on applicants' their families-their jobs. "You have to tion and currently serves as a member of the StateBar Association's House of Deleminds after the school's admissions stan- understand and be sensitive to peoples' gates, a member of the Nominating Comdards are the type offinancial aid programs needs, especially in a city like New mittee and chairman of the Committee on offered by the school." As a recruiter, York," she said. Judicial Selection. Mr. Forger has served Dean Fishman found that she enjoyed the Dean Fishman said she believes strongon the New York Law School Board of challenge of talking and convincing poten- • ly in the direction of the Simon AdminisTrustees since 1981. tial applicants of the benefits of attending tration. "We are here for the students. The Dr. Thornton will remain a member of "an urban insitution in the middle of New retention tutorial program and the dormithe Board and its honorary chairman. York City." tory are part of the moves to better acIn July, 1985, Dean Fishman was ap- comodate students," she said. Job developpointed Dean of Students.She saidshe recog- ment programs to diversifythe area of clerk- ..---------...;_------. nized the "closeness between her own de- ships and internships are planned. Dean velopment and the students' needs withinthe Fishman, in conjunction with Amy Gross- WHAT'S IN A NAME? school. There is so much to do," she ex- man, will work to introduce students to claimed. She will continut;,, to supervise alternative legal opportunities. Dean Fish- We started the School newspaper anew admissions, as she strongly believes in man said she intends to implement "net- this year. Last year's editorial board gradachieving the Simon administration's mis- working" between students and faculty. uated. We thought of new names-The sion "to make the student body a diverse · '1 am really committed to the students of Gavel, The Cunning Linguist. But we kept group of interesting people." this school, and I don't believe I could The Reporter to provide continuity. The Dean Fishman is working to establish a work in an environment that wasn't equal- all-new staff provides the change. relationship of concern between the ad- ly committed. The only problem is my ministration and the student body. She own impatience in not being able to do L-----------------' plans to offer special events, including everything at once ... but I will take each "various student services" intended to ad- step at a time;" she said.


•Page 3

THE NEW YORK tA W SCHOOL REPORTER

October 18. 1985 •

Carter

Leuei

Blasts Reagan

Continued from page I ship, Carter said. He added "Any outcome that would damage relations between the U.S. and Egypt would not be in the best interests of both countries." Carter said the recent episode, in which a New Yorker, Leon Klinghoffer, was killed by terrorists, could not be compared to the Iranian hostage crisis because the circumstances and backgrounds of the two events were different. He said "every

The pensive-looking

hostage came home safely and in free-

dom;" in the Iranian hostage crisis. Carter said the recent Israeli raid on PLO headquarters in Tunis was "a mistake which escalated the level of violence." During his own tenure in office, Carter said that he had received reports that Libyan dictator Khaddafy was planning an assassination. attempt on the American ambassador to

former President mingles with NYLS crowd.

Business Cards • Letterheads

Egypt. Carter notified Khaddafy that he was aware of the assassination plan. Khaddafy denied there was a plan. Carter then sent the information he had about the plan to Khaddafy, and told him that any action he took against the American ambassador would be punished. Carter said Khaddafy never carried out his plan. Carter also told Khaddafy that if he ever accepted another hijacked plane, "we'll never permit a Libyan plane to land in the United States." Turning his attention to Nicaragua, Carter said the Reagan administration's decision last year to mine the harbor was "a violation of international law and agreements." He said the Reagan administration· s refusal to recognize the jurisdiction of the International Court of Justice in .. political" cases. shows that Reagan has .. abandoned the World Court. This country should return to using the World Court to a maximum degree rather than doing what we can to weaken it." he said. When asked if he had any regrets about the policies or actions of his administration, Carter smiled and said. ··1 would have sent one more helicopter to Desert One.·· Carter's lecture was the first of the schools Biaggi lectures, named for Rep. Mario Biaggi (D-NY) who graudated from NYLS in 1963. Rep. Biaggi started the lectures in honor of former NYLS Dean Daniel Gutman, who had invited the congressman to attend the school when he was still a detective on the New York police force. Biaggi, 67, was a police officer for 23 years. and when he retired, he was the most decorated officer on the force. Rep. Biaggi represents tbe !0th congressional district, comprising the East Bronx and the Northern fringes of Queens.

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Continued from page I Blecker extends support of the concept that, as lawyers are absorbed into the legal system, the system is bound to rub off on them, often for the worse. Even as lawyers see their colleagues doing things they consider wrong, are they capable of maintaining a forebearance? "The issue is, how do you retain your identity, your sense of self?'' he insists. Blecker hopes that Bob Leuci 's bitter stories will come to mind when Bleeker's students are attorneys, the stakes are real, and the possibilities of acting unethically, and getting away with it are considerably greater. Hopefully, NYLS has not seen the last of Mr. Leuci. The Criminal Law Society is hoping that it can.convince him to appear before a larger student audience to relate his experiences and his ethical dilemmas .


Page4 •

THE NEW YORK LAW SCHOOL REPORTER

The New York Law School Reporter

• October 18, 1985

The Sound Sol ttion,

MANAGING BOARD BUNJ/ FROMAR1Z,BOB GOWMAN,JOANNE ZERVOS COPY EDITOR GLEN GENTILE STAFF DAVID BERMAN, CHRIS BUTCHKO, KENNYFR/EDSON,BOB GREGORY, BRIAN McCARTHY,DIANE PINE, EUENROSNER, B/U WEISS

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Viewpoint: Placement

•Page 5

THE NEW YORK LAW SCHOOL REPORTER

October 18, 1985 •

'

An Institutional Problem

Are you a magician, a gambler, a do-gooder? It doesn't matter who

posed for on-campus interviews a number Richard Flynn did not respond to applicaBy David Berman tions sent to his attention by New York More than a year ago, Suzanne Baer was of students did a mass mailing to law Law School students. When students firms, including many of the firms coming hired as the Placement Director. Her arrivbrought this matter to Dean Simon's attento school. Some students received letters al was greeted with much fanfare by the tion, a deal was worked out between Dean administration. Dean Simon and Ms. Baer saying the firm would see them on-campus Simon and Mr. Flynn in which Pryor, even though the student did not meet the promised to enhance the school's reputaCashman would accept resumes through tion; spread the word that New York Law class standing necessary to apply through the placement office. Those persons who School students were worth hiring and in- the school. Ms. Baer faithfully promised submitted resumes were informed months crease the opportunities for students to in- to send these students' resumes to the later that their resumes had been submitted firms. Investigation by one student found terview both on- and off-campus. "too late" for consideration. At a forum last spring, Dean Simon said that this, in fact, was not done in all instThis year, Pryor, Cashman is again conthat the ''placement problem is institution- ances. It is questionable whether this was ducting on-campus interviews at other al in nature." He promised placement op- ever done and this failure casts a serious New York law schools, but not at New portunities would increase as a result of an credibility problem upon Ms. Baer and her York Law School. To add insult to injury, office. institutional effort. Richard Flynn is President of the Alumni Considering that on-campus interviewA year later, Dean Simon's and Ms. Association. Baers probationary period is up. The re- ing works for only few, it is suprising that In the NYLS publication Perspectives, sults are in and they are deplorable. The the placement office does not feel it necesMr. Flynn is held to be one of the school's respective offices of Dean Simon and Ms. sary to inform students about alternative distinguished graduates. Perspectives is Baer have failed miserably in their stated methods of securing employment. Mass used to entice students into attending mailings are often an effective means of goals to increase placement opportunities. NYLS. How many prospective students A prominent administration figure, who getting a job. Firms that will not accept would attend a school where the President requested anonymity, said "It appears be- resumes from students on-campus have inof the Alumni Association's firm does not coming director of the placement office is terviewed these same students when soleven consider the school's graduates for icited through a mailing. like becoming captain of the Titanic." employment? The sad truth is it appears that the enInformation about when to do a mailing; The faculty must also accept some reergy expended by Ms. Baer's and Dean whom to write. and what to say in a sponsibility for placement. Members of Simon's offices were well intended, but cover letter should be made available to all the full-time faculty have been associated sorely misdirected. The facts speak for students in a comprehensive pamphlet. with a number of firms that do not interthemselves. As Dean Simon noted, placement is an view at NYLS including Professor LeoThousands of dollars of students' tuition institutional problem. Ms. Baer's office nard of Seyfarth, Shaw. Fairweather & have been spent on making the New York cannot take sole responsibility for the Geraldson; Professor Rosenfeld of RosenLaw School Placement Office the most school's poor performance in placement. man, Colin. Freund, Lewis & Cohen; Prosmartly decorated placement office in the fessor Roth of Paul, Weiss. Rilkin, WharThe three members of the Board of City. The result of this refurbishing is that ton & Garrison. Trustees who are partners in N.Y.C. law students now have plusher chairs to sit in Among the adjunct faculty. the profeswhile depressed about their job pros- firms do not interview or regularly hire sors who are partners in firms that do not pects-or, more accurately, the lack from New York Law School. The three interview at NYLS are Professor Gibbs of trustees and their respective firms are: thereof. Breed, Abbot & Morgan: Professor Cable Bayless Manning, a partner at Paul, A year ago, the placement office mailed of Whitman & Ransom; Professor A. Jaa list composed of twenty-eight prospec- Weiss: Taylor Briggs, a partner at Le cobs of Shea & Gould. The notable excepBoeuf. Lam. and Richard Flynn, a name tive employers that would be interviewing tion is adjunct Professor Rosenberg. partner at Pryor. Cashman, Sherman and on-campus. This years list included 38 Bravo to him for his efforts . . prospective employers. This increase in Flynn. Dean Simon should compel these The funding for the placement office members to change the policy of their and of itself appears to indicate some procomes from all of the students. Yet, the firms or request their resignation. These gress. Further analysis reveals. however, board members should not be allowed the placement office spends virtually all of its that the opportunities open to students energies on behalf of relatively few stuhave not significantly increased. Of these benefits of being a board member while dents. The placement office is in dire need 38 employers, 26 were here last year. Out ignoring the endemic problem of student of assistance and support from the adminjob placement. of these 26 employers, nine significantly istration, faculty, board of trustees and stuLast year, the firm of Pryor, Cashman raised their eligibility requirements for ondents. recruited at Columbia and N. Y. U., but campus interviews. For example, Kelley, Drye & Warren, which consistently hires New York Law School students, raised its requirements from to 20% or law journal to top 10% and law journal. The same firms that will only interview the top I 0% at New York Law School do FAST SERVICE OUR SPECIALTY not impose these restrictions when interBREAKFAST • LUNCH • DINNER viewing at any other New York City law Kindly take one of our Outgoing Order Menus school, including Cardoza. that are placed around the Dining Area. The record of on-campus interviewing at New York Law School is abyssmal comFOR PROMPT DELNERY CALL: pared to every other law school in the city. 925-7188 Columbia and N. Y. U. each have over 500 lsQUARE DINER STEAKS CHOPS SEAFOOD employers interviewing on-campus. Cardoza has about fifty employers interviewLAW SCHOOL STUDENTS 10% OFF ing on-campus, of which only one imposes 6 am-Ll am.Z pm-I l pm a class standing requirement. 33 Leonard Street To circumvent the requirements im-

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Page 6 •

THE NEW YORK LAW SCHOOL REPORTER

• October 18, 1985

Intelligence Report:

Ba .. efootthrough Peaee group By Bruno Bembi Members of a peace group which travelled through Nicaragua this summer claimed the 45-member group was kidnapped by a band of gun-wielding Contras. Four members of the Witness For Peace Organization made their allegations at a conference held in September at Columbia University. The peace group, which made its Nicaraguan trip in August, said they were detained against their will for 29 hours on the Costa Rican side of the San Juan River by the Contra group headed by Eden Pastora. The river separates Nicaragua and Costa Rica. The U.S. State Department said there was no evidence to support the contention that any Contra group detained members of the Witness For Peace organization. Throughout Central America, Voice of America broadcasts announced the group was on a picnic up the mountainside, according to Witness for Peace. In a letter to Sister Kathleen Maire, a Witness For Peace member, Norma R. Harms, Country Officer for Nicaragua, Office of Central American and Panamanaian Affairs, said, "Please be assured that the U.S. government unequivocally condemns all human rightsabuses, including the detention of your group, regardless . of the perpetrators.

"We cannot, however, agree with your description of the armed resistance as 'paid mercenaries' or your contention that they engage in attacks on civilians as a general policy. On the contrary," wrote Harms, "the leaders of these courageous men and women condemn such attacks and other human rights abuses as a policy.'' Sister Maire, a Franciscan nun who was· on the August trip, said members of Witness For Peace live and travel with Nicaraguans in rural areas of conflict. Maire, who works at a shelter for homeless women in New York, said the largely Christian group is dispersed throughout Nicaragua in the belief that the presence of U.S. citizens leads to a decline in armed attacks by the Contras against the Nicaraguan citizenry. Caroline Fialkow, a member ·of the peace group, who was also on the August trip, said the San Juan River was chosen . because of heightened hostilities in that region. She added that the 45-member group consisted of 19 U.S. citizens, 8 Nicaraguans, 15 members of the media, the boat owner and his family. Members of Witness For Peace met in Managua after the group announced its intention of sailing down the San Juan River. Fialkow, a New York nursing srudent, said the night before the group's planned departure from Managua to San

A Witness for Peace member succumbs to exhaustion at the end of the first day's march through the jungle.

the jungle in Nie tells of its abdue

Carlos, Eden Pastora, head of the La Alianza Revolucionaria Democratica (ARDE) Contra group, broadcast a message from Costa Rica in which he threatened the group. According to Fialkow, Pastora announced in his radio message that he had issued orders to his followers to shoot at the Witness For Peace boat. Barbara Schloss, a member of the expedition and a resident of New York, said the group travelled across lake Nicaragua to San Carlos and held prayer services there with the townspeople. The group then went on the riverboat and began the journey downstream. They landed at El Castillo, the last town on the river where they were greeted by Nicaraguans with cries of "!Queremos la paz ! ", which translates to ··we want peace.". From El Castillo, Schloss said, the group ventured further downstream to Las Tiristias, a civil guardpost operated by Costa Rica on its side of the river. The guard there did not talk to them. They passed on after they gave a garland of flowers to the guard in a gesture of peace. Eventually, the boat approached another Costa Rican guardpost at Boca San Carlos. The guard at this post was friendly and spoke to the group. He assured them of a place to dock for the night when they returned to Boca San Carlos in the evening. The boat passed the guard and continued downstream to the former headquarters of Eden Pastora at La Penca. Pastora· s band of guerillas operated a s_mall airstrip there until the Sandinista army regained possession and control of the area last May. The boat then turned around and proceeded on its return trip upstream. When the boat returned to Boca San Carlos, the guard told the peace group that it would not be able to dock at the guardpost for the night because it would be too dangerous. The guard told the group to dock its boat on the Nicaraguan side of the river. They traversed the river despite the danger from currents and crossing in the dark. At 6 a.m. the next morning, the group continued its journey upstream, believing any dangers lay behind them. At 7 a.m., boat members heard a single shot. They saw several Contras with guns motioning to them on the Costa Rican side of the river.. As soon as the boat made it to the riverbank, they were ordered to disembark by men wielding guns. The craft was searched. The jungle guerillas ordered them up a low mountainside at gunpoint. Along the way, the group's captors identified themselves as ARDE Contras, the force led by the former Sandinista Eden Pastora. At times, when the ARDE guerillas. instructed the group to stop walking, the U.S. citizens encircled the Nicaraguans in the group to protect them from any potential threats from the Contras. They were in uninhabited jungle terrain. The group included a 66-year-old woman

''We cannot,

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The boat's captors stand on the fr

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October 18, 1985 •

THE NEW YORK LAW SCHOOL REPORTER

•Page 7

raga~: wever, ription

agree of the 'paid

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ntral America, rica broadcasts I

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was

~ic up the ~side ... ltness for Peaee

and an 80-year-old man. They were hot and some people had lost their sandals or other footgear in the deep mud along the way. They were instructed to walk barefoot through the jungle. At one point, persons with cameras were ordered to drop them-but they promised not to take any pictures and they were able to hold onto their equipment. A free-lance photographer, Bolivar Arrellano, who emerged with a number of photographs, explained that he had not violated the promise. His photos were taken as soon as the group was released, and not as they were being led to the Contras' destination. More than an hour after capture, the group arrived at a shack where they were told they would have to wait until 3 p.m. when a decision would be reached on what to do with them. The delay ruled out any possibility of making a return to El Castillo before nightfall. During the wait, a Sandinista helicopter passed by them as it flew over Nicaraguan territory on the opposite side of the river. As the aircraft passed, the ARDE Contras ordered the group to stand below a tarp to prevent them from being spotted. The group met with the local Contra leader who was introduced as Cornmandante William. William gave Ed GriffinNolan, the Witness For Peace intermediary, permission to send a radio message to the peace group members in Managua. In ARDE's presence, he sent the message and requested the Sandinistas not attempt a military rescue. William also allowed the group to listen to radio newscasts from Costa Rica. which contained conflicting accounts of its detention, including a claim that ARDE was not involved. At 3:30 p.m., William consented to the group· s proposal that they trek down to the boat, accompanied by several guerillas, to spend the night. On the mountainside, en route to the riverbank, the group lost its bearings, and William, in contact with the group's escorts, ordered the group to return to the shack. The group continued on its trek to the riverbank, and William, again, ordered them to return. Ed GriffinNolan intervened and the group was permitted to rest aboard the boat. On the boat, the group was forbidden from talking or from using fire or lights in the darkness. The guerillas also removed the boat's radio antenna. Before nightfall, Witness For Peace members interviewed and tape-recorded Commandante William, who was on the riverbank when the group arrived, and the guerillas who had accompanied the group to the boat. At noon the following day, a man appeared who was introduced as Daniel and who was apparently of higher rank than Commandante William. Daniel reminded them that they had been treated well. He said his men were not members of ARDE, nor were they part of the Contra forces

According to Witness for Peace, this photo shows the group's captors, allegedly members of the ARDE Contra group, searching the peace group's vessel. operating out of Honduras, Fuerza Democratica Nicaraguenza, (FDN). He asked for the names and addresses of the Nicaraguan members of the peace group and said his group was an independent Nicaraguan anticommunist band of fighters. About an hour after the group met with Daniel, they were released. They had been detained for about 29 hours. A Costa Rican helicopter soon passed overhead and located the boat. A guard from the helicopter met with them and asked about their captivity while he took notes. The guard had a uniform with a mock emblem saying "U.S. Border Patrol." Later, Witness For Peace members heard a news broadcast from Costa Rica which said the guard, whose name was Chavez, had reported that the group was delayed because of motor problems. The peace group was stopped a second time while cruising upstream. Costa Rican guards instructed them to wait for the U.S. Consul to arrive. When the Consul did not arrive after some time, the group was released. About one hour out of Castillo, ABC and NBC cameramen met the group on small motorcraft. Arriving in El Castillo, they were welcomed by cries of "Queremos la paz." The next day, they reached San Carlos. Sister Maire said the group was delayed in San Carlos because of a Contra attack on the roads, and it took them two days to get back to Managua. When the group reached Managua, members requested a meeting with U.S. Embassy officials. But their request was refused, Maire said, on the grounds that the Embassy was "too busy."

Maire said Costa Rica acted in concert with the ARDE guerillas. Since the Sandinistas pushed the Contas out of Nicaragua in that area last May, Costa Rica has provided a base for the ARDE Contras, and the peace group was detained on the Costa Rican side of the river, she said. Maire said the State Department's initial position on the abduction was that the event was a "hoax " and a "ploy" set up with the complicity of the Sandinista government. Later, the State Department disavowed the "hoax" theory. U.S. State Department spokesman Hanns, in his letter to Maire, said, "We are puzzled by your statements that neither the U.S. Embassy nor the State Department acknowledged the detention of your group by alleged members of the Nicaraguan armed resistance. Our embassies of San Jose and Managua, in coordination with the Department, made strenuous efforts to locate and render assistance to the group. The Costa Rican government was especially generous with their limited resources in the search and rescue effort." Harms said the State Department has had in effect since June, 1983, a travel advisory warning visitors to Nicaragua to avoid the northern and southern border regions where fighting in the civil war frequently has been intense. "We have protested to the Nicaraguan government its callousness in encouraging the travel of U.S. citizens in combat zones. We further regret the decision by Witness For Peace members to place members' lives in jeopardy by arranging travel in such areas ... " Harms said.

Bruno Bembi, a second-year student at New Yor~ Law School, visited Nicaragua in the summer of 1984.


Page 8 •

THE NEW YORK LAW SCHOOL REPORTER

A VIEW OF THE LOUNGE A·B·A· year. There are Law Student Division Representatives who repesent each law school at the Annual Meetings and continue to represent each law school at the various Circuit meetings. Elections for the various offices are held at different times during the year. These positions offer law students an opportunity to participate directly in the largest student organization in the United States. Elections for Chairperson-Elect. ViceChairperson-Elect, and Secretary-Treasurer-Elect, for 1985-1986, will be held in San Diego on Saturday, November 2, I 985. These elects will take office as National Officers in August 1986 for the 1986-1987 school year. Any ABA/LSD member is eligible to run. Application information can be found in the October issue of the Student lawyer.

ABA/Law Student Division The Law Student Division, with membership in excess of 43,000, is one of the 30 Sections and Divisions of the American Bar Association. The ABA is an unincorporated voluntary membership association of attorneys which boasts more than 300,000 members. The Law Student Division is one of three Divisons; the others are the Young Lawyers Division and the Judicial Administrative Division. Law Student Division members may join any of the twenty-nine Sections and Forum Committees at considerably reduced membership rates. The Sections are devoted to a particular area of substantive law or of legal concern. Examples of Sections are: Administrative Law, Criminal Justice, Family Law, Economics of Law Practice, General Practice, Labor Law, Litigation, The Black and Latino Law Students AsNatural Resources Law and others. There sociation (B.A.L.L.S.A.) are also Forum Committees, for example, The 1985-1986 Executive Board Sports and Entertainment Law and Stand- Eric D. Meggett, President ing Committees such as Environmental Ana E. Calero, Vice President (Day) Law. Law students may become involved Diane Pollard, Vice President (night) in a section or forum committee by joining Stephen Shepard, Treasurer and communicating directly with the Carmen Fernandez, Secretary Amiena Khan, Attorney General Chairperson of the section. The Black and Latino Law Students AsThe Law Student Division appoints liaisociation was formed to address the needs sons to nearly all of the Sections. The and educational goals of minority law stuliaison communicates Section activities to dents at New York Law School. BALLthe Law Student Division and intitiates programs within a Section that call for SA' s efforts are also aimed at increasing increased student involvement. Liaisons the admission and retention of minority also lobby for recommendations which the students at NYLS. The organization recognizes its duty to Law Student Division desires to be ABA instill a greater awareness of the needs of approved. David C. Berman, a third year student the minority community among minority of NYLS is the Law Student Division's attorneys, and to encourage a greater comLiaison to the Corporate Banking and mittment in addressing those needs. B.A.L.L.S.A. also seeks to instill withBusiness Law Section. This year the Corporate Section is sponsoring an essay com- in the administration of NYLS, as well as petition for law students and is considering other law schools, a recognition of the hosting a forum concerning corporate need for them to use their knowledge and practice at NYLS. Questions concerning prestige to assist minority law students in the essay competition or the-forum may be the development of their legal careers. B.A.L.L.S.A. 's 1985-1986 plans incleft for David at the S.B.A. office. Patrick Marthage is the school's local lude: A renewal of the outreach program, representative to the ABA/Law Student an event commemorating Dr. Martin Division and helps coorinate the school's Luther King, a "Minorities in the Law" involvement with the Volunteer Income symposium, and the Annual Alumni DinTax Assistance program and nationwide ner. law school competitions. Questions for The Outreach Program is geared toPat may also be left in the S.B.A. office. wards exposing minority junior high and The Law Student Division has a bicam- high school students to the law school eneral legislature. There is an Assembly vironment and to present a legal career as composed of the Law Student Division an option worthy of consideration. · representatives and usually the SBA presiThe theme of the Dr. King Commemdents, each having one vote. The Assembly oration, for the school year, will, in all meets once a year at its Annual Meeting, likelihood, address the situation in South normally convened at the same time and Africa. B.A.L.L.S.A. firmly believes in place as the ABA ANNUAL MEETING. its duty to constantly remind the legal The other house is the Board of Gover- community of the injustice of apartheid nors. The Board of Governors is made up and the need for the legal community to of three national officers, the Chairperson, denounce it. Vice-Chairperson and Secretary/TreasurThe "Minorities in the Law" sympoer, the fifteen Circui.t Governors and two sium is aimed at addressing issues of comDivision Delegates. There are also several munity and career concerns. to minority ex-officio positions. The Board of Gover- law students and attorneys, from the adnors is authorized to act between Annual mission and retention of increased numMeetings not inconsistently with any ac- bers of qualified minority law students to a tion taken by the Assembly. The Board of greater variety of opportunities for proGovernors meets at least three times a spective minority attorneys.

B·A·L·L·S·A

The Annual Alumni Dinner honors graduates of New York Law School who have continually contributed to the betterment of the minority community. The dinner also presents an opportunity for current B.A.L.L.S.A. members to meet and inform the Alumni of the progres and goals of the Organization. B.A.L.L.S.A. seeks, through these and other activities, to address the concerns of minority law students and attorneys, which have heretofore gone unaddressed by New York Law School and the legal community. The organization looks forward to working with the school's administration, trustees, faculty and staff, Alumni A~sociation, Student Bar Association, other organizations, and our fellow law students in achieving our goals, which undoubtedly can only enhance New York Law School.

Criminal La~ Society The organizers at the Criminal Law Society are a little at a loss. The organization's leaders, July Heitmann and Maura Feeley, know that last year's group is a tough act to follow. Since Carol Novack founded the Society in the "old days," the yearly agenda has been, to say the least, impressive. The treasurer, Nick DeMarco, on the other hand, found it to be an uphill climb. As treasurer, he forged, in his blissful ignorance, a budget where there was none before (not last year, at any rate) and he ·was overjoyed at the confidence the SBA Senate and its Budget Committee, expressed toward the Society's proposed activities. As a result the organization has been able to offer a number of activities designed to appeal to NYLS students with varied or uncertain career interests, such as the special tour of the Criminal Courts, led by Criminal Defense Clinic Supervisor and Professor Sarah Jones. Six interested students can arrange a convenient time to take a fascinatinghour-longtour of the Courts just four blocks away. Interested students or groups should leave their names at the Society's office in C-103. Heitmann expressed the need for student input in other activities this semester. "We need suggestions and recommendations for speakers or topics from everyone," she said. The meetings are open to all, as are the activities the group sponsors. Heitmann added that becoming a member is relatively painless. "We don't ask for your firstborn as a price of continuing membership," she said. Any student who has even a remote interest is invited to stop by the office and fill out a short, privacy-protected membership form. No dues have been assessed this year, largely because of the Senate's support. DeMarco points out that another reason no dues are being collected is that "we're law students-the school has all of our money!"

• October 18, 1985

L·A·W· The primary objectives of the Legal Association for Women (L.A.W.) include improvement of the role of women in the legal profession and the promotion of the rights of all women. L.A.W. pursues these goals through a variety of means including guest speakers, forums, timely discussions of relevant topics, and participation in legal activities outside of New York Law School. L.A. W. is planning numerous activities for the academic year. A forum on Prostitution featuring Supreme Court Judge Kristin Glen and individuals who specialize in counseling prostitutes, is tentatively scheduled for late November. A symposium on diverse topics such as the current status of Title VII and the reproductive rights movement is being planned for the Spring semester. L.A.W. also plans sponsoring members to various forums including the "Who Governs Reproduction?" symposium at Yale University. November 2. The Keynote speaker will be the former U.S. Supreme Court Justice Arthur Goldberg. L.A.W. is also planning to send members to the 17th National Conference on Women and the Law in Chicago; March 20--23. L.A.W. is always delighted to welcome new members. Membership entitles you to access a comprehensive outline file, discounts to L.A.W. events, automatic affiliate membership in the Metropolitan Women's Bar Association, a line on your resume, and information on legal issues of special interest t.(I womerr, ~ ,, · ' L.A. W. is located at C-106 and the phone number is (212) 421-2114, in school extension 114. The next general meeting is scheduled for November 7, but don't wait, join now.

Media Law The Media Law Project is a student organization which focuses on the fields of Entertainment and Sports law. The organization sponsors an average of two to three symposiums a year dealing with various issues in Entertainment and Sports law. Past symposiums have dealt with "Art Law" and issues concerning. the protection of artistic property, "Sports Law" and issues faced in management and representation of athletes especially in the area of free-agency. and "Music and the Law" dealing with the various aspects of copyright, production and management in music industry. The major aim of the Media Law Project is to provide an open forum for information and communication to not only students but also to professionals interested in the fields of Entertainment and Sports Law. Through the medium of the symposiums, students are also given an opportunity to meet and speak with successful members of the Entertainment and Sports law community and benefit from their knowledge and experience. Membership in the Media Law Project is open to all students. Anyone interested in learning more about the organization or participating in any of its activities is strongly encouraged to visit the Media Law Project's office on the first floor of · 'C'' building near the student lounge.


October l 8, 1985 •

National Lawyers Guild The National Lawyer's Guild Chapter at New York Law School welcomes you to law school. If you view the field of law as we do, you see it as a means to work toward greater social justice. The Guild encourages this work, and provides an outlet for greater social and political awareness and action. Guild members work with a rapidly growing national network of lawyers, legal workers, and law students. The organization was founded in 1937 by attorneys active in drafting and implementing New Deal legislation and fighting for labor rights. After World War II, the Guild defended victims of McCarthyism, winning major First Amendment victories. Guild members were alsoamong the first to provide legal support for the civil rights movement, for the anti-war activists in the 1960s and the civil rights movement in the 1980s. Today's 7.000 Guild members represent various political perspectives, but stand united in recognizing the need for fundamental change in the U.S. political and economic system, and in supporting struggles against racism and sexism. The Guild maintains a longstanding concern with labor issues and undertakes innovative projects in housing, military, immigration, human rights, and affirmative action law. Guild members and supporters can also gain valuable and practical experience working with attorneys from the New York City Chapter on projects in many areas, -including , but not limited to grand jury abuse, international human rights, and the Guild's suit against the FBI. We, in the NYLS Guild Chapter strive to provide a friendly and supportive atmosphere for progressive students. We attempt to counteract the unsettling sensations of alienation and hyper-competition often encountered in law school. We also introduce students to alternative legal practice options. We believe that it is still possible to make a living fighting for justice without having to prostitute yourself by redefining justice in the interests of some wealthy client. Specifically, we sponsor progressive educational forums to supplement the traditional law school curriculum, a curriculum which may often seem painfully myopic. Last year our events included seminars, symposiums, movies and dinners. Some of the issues discussed included tenant rights, immigrant's rights, consumer rights, Central America, and Native American rights. The NYLS Guild Chapter also formed an Alumni Associaton to facilitate communication between Guild law students and Guild alumni. This semester we are sponsoring a symposium focusing on tenant rights, government benefits and racially motivated violence on Nov. 23. We invite all progressive students to join us. Stop by our office (Room 107 in the Student Lounge 212/ 431-2117), come to our meetings (to be announced) and our events, and help organizel! For further information, contact: George Dunn (212) 749-7508 Rita McCoy (212) 295-9257 Bunji Fromartz (718) 438-0833

THE NEW YORK LAW SCHOOL REPORTER

•Page 9

International The Association is a student organization established to provide a supportive environment to international students and those interested in the 'international community and international law. Membership is open to the entire New York Law School student body. As a group, we feel a shared purpose in the investiagation into other legal systems in search of a better understanding of the function of law in the social and international community process. This fall's events include: "Conflicts in Crises," a series of panel discussions. This fall's events include a series of panel discussions entitled "Conflicts in _Crises." Proposed panel subjects are Apartheid, the Ethiopian Aid Fiasco, Misconceptions of Rastafari and Legitimacy in Central America. Our office is located in Room 104 in the Student Lounge. Please feel free to drop by or call the Association at 431-2349.

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Page 10 •

THE NEW YORK LAW SCHOOL REPORTER

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THE MUSIC CHASE

songs you can listen to over and over. The rest of the album is made up of songs that By Kerry Fried.son and Ellen Rosner you may want to skip totally. This is one of THE MUSIC CHASE the few albums I know of where the second (like the others), so the slow speed helps. THE ADVENTURES/THE ADVENside is better than the first. For all of you Part of this new style can be traced to a TURES, Chrysalis Records Thompson Twins fans this record may be new songwriting approach. In the past, Yet another brilliant band from Ireland. one of your favorites. For those of you vocalist Exene and bassist/vocalist John This album is one of the best to be released who don't yet own one of their albums I Doe have written and sung together, mak- in 1985. The released single, "Send my advise buying "Into the Gap", their last ing vocals a raw off-beat feel to its har- Heart" has a tone reminiscent of another release. monies. Since John and Exen's divorce, great Irish band, "The Waterboys." Pat Suggested cuts: Side 2 each has written separately and sings the Gribben on guitar and Tony Ayre on bass STAN LEY TURRENTINE/STRAIGHT songs virtually as solos or with alternating are superb craftsmen; their melodies make AHEAD, Blue Note Records single voice lines. This new approach you dream of the Irish countryside. Eileen This is one of the finest jazz albums this lends itself to stronger melodies. 'Watch Gribbeu's vocals, harmonized with those jazz saxophonist has ever done. As the title the Sun Go Down' and 'I'll Stand Up for of lead Terry Sharpe's, are hauntingly suggests, the album moves beautifully You,' are examples of X sounding fluid beautiful. I highly recommend the song, from one track to the next. Features and ballad-like. Old X fans will have their .. Another Silent Day." which condemns guitarist George Benson's playing is outtastes somewhat satisfied with 'What's nuclear war. I can't say enough good standing, as is the overall production. I Wrong with Me' which still has some of things about this band, so PLEASE go buy highly recommend this album for any jazz· the old rawness. this album and make The Adventures a hit lover. Favorite tracks: everyone. Exene's solo efforts 'Love Shack' and in America. Suggested cuts: .. Send my TODD RUNDGREN/ACCAPELLA, War'My Goodness' continue to explore the Heart". "Another Silent Day" and "No- ner Brothers weakness in her own soul. While infidelity where Near Me". If you're a Rundgren fan, you'll like this and lost loves have long been a subject for STING/THE DREAM OF THE BLUE LP. There are no instruments on the alher songs. this time Exene feels remorse TURTLES, A&M Records bum, other than a drum machine: however rather than her usual resentment and an- Okay, so this album can't really be con- elaborate vocal over dubs make for a very ger. sidered new music, but is it exciting. I love · intersting mix of songs. There is a great The album's single 'Burning House of The Police but Stings new album is A WE- rendition of the old Spinners tune. Love· is probably the closest X has ever SOME! Branford Marsalis and his horns "Mighty Love.". Through the years Rundcome to a commercial hit. A straightfor- "are two of this album's greatest assets. gren has proved to be innovative. creative, ward rocker, 'Burning House ... · com- Omar Hakim (drums), Kenny Kirkland inconsistent and dreadful. This album falls bined X's honest-straight-from-the-heart (keyboards). & Darryl Jones (bass) are somewhere in between. No matter how lyrics (once again about John and Exenes three of the best jazz musicians in this well an album is produced. one can take marriage) and solid guitar sound with Mr. country. Sting gets a pat on the back for only so much accapella. Wagner's clean production. The results putting them to use. Unlike the reggae A suggestion to study by: (from Kenny) are amazing. A song which captures the influenced Police, this band is heavily in- GEORGE WINSTON'S AUTUMN, Windsoul of X without the harshness. It's bound fluenced by jazz and blues. Through this ham Hill Records to make people who dismissed X as a sound, Sting gets across his concerns, with If you don't kno_w of this artist. you should bunch of noisy punks, open their ears and the future of the children in today's nuclear be ashamed of yoJrs'elfahd immediately listen. age. (Listen closely to the song_ "Rus- run over to J&R Records and buy it!! This Yup! X is still one of the few bands sians"). Sure. Sting may have a reputation is an LP of solo piano compositions that which makes my blood race. While I miss for being an egotist (if I was a rock star I take on a very whimsical and meditative the faster, offbeat. rawness of X's earlier might have an ego too) but this man can genre. After a couple of spins, George albums-Xness oozes out of Ain't Love make music. Suggested cuts: every song. Winston seems to cover classical, folk and Grand and makes me wish for the zillionth THOMPSON TWINS/HERE'S TO FUjazz all rolled up into one. Traces of Vince time that I were Exene. TURE DAYS, Arista Records Guaraldi are definitively evident (best Ain't Love Grand and other X albums are After a long absence from recording due to know for all the early Charlie Brown caravailable at Rocks in Your Head 157 Prince Tom Bailey's illness, this band has come toon scores). If you like this music Vince Street NYC. out with a rather uneven album. Heavily Guaraldi's "Oh Good Grief' is worthX will be appearing at the Beacon Theater influenced by Nile Rodger's production (is while. on Oct. 25 this man God, or what?) certain tracks are NEXT ISSUE: BEST ALBUMS not only danceable, but are the type of TWENTY YEARS AGO

1~rrra~vn~ ~

By Diane Pine Once upon a time, there was a brand new band on the music scene. They (the band) played loud, fast, soaring, snarling rock-n-roll that made my blood race and my heart pound. They were nasty, witty, raw, zany, sarcastic and more fun than anything I'd ever heard. Upon the release of their first album in 1980, they became the critics' darlings, the toast of the LA Punk scene- They were X. I suppose they still are X. butAin' t Love Grand, their 5th album [3rd for major label Elecktra] has changed many of the classic X elements. to come up with a softer, more accessible sound. The first change had Michael Wagner taking over production. Mr. Wagner, better known as producer for heavy metal rockers like Dokken and Accept, gives X a cleaner, sparser sound, filtering out some of the band's harshness. Billy Zoom has had his guitar sound de-fuzzed, and D. J. Bonebrake' s drums no longer pound out along the bass lines. This new sound gives a song like 'Around My Heart' a slightly pop-ish feel, especially on the Chorus. Another noticeable change is the speed. The racing, breathless urgency of the earlier albums has been slowed to almost half. This makes the lyrics easier to catch and 'Little Honey' 'Super Charged' and 'My Soul Cries Your Name' have plenty of the pain, frustration and love gone wrong lyr;cs for which X is known. For some reason, this album doesn't have a lyric sheet

• October 18, 1985

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Singin'

•Page 11

THE NEW YORK LAW SCHOOL REPORTER

would have come screeching to a halt. There was another man giving a speech who reminded me of Woody Allen,' and who talked and talked about elevators until

stand out in class. One student, in particular, has a definite affinity for playing devil's advocate. which is exactly where one would like to send him, especially if he insists on posing questions three minutes before the end of class. Another student is on intimate terms with the teacher without

my mind turned to the existential question that if an elevator falls at New York Law School, does anyone at Columbia hear it? After our second day of orientation, we had our first class, and I remember thinking how nice my professor was and what a pleasant surprise. I was less surprised to find that not all my professors were that nice then again, fear can be a great incentive to learning. I was warned about one particular professor in a variety of subtle ways. Upon hearing his name, one upperclassman started to tremble and tried to drink is carton of milk with his left eye. One student went so far as to have this professor's picture from the handbook blown up. This enlarged picture was placed in a prominent position on his desk, allowing him to talk back to the photo at night. He told me his comebacks were still a little slow, but he was sure to get the better of him one night. A friend of mine has a better idea on how to deal with this professor. When she enters his class, she takes a seat right next to the wall. During the first five minutes of the class, she concentrates on the wall. She keeps thinking beige, until she and the wall are one. She has yet to be called on in his class. There are some students who wish to

the teacher ever knowing it. He nods and winks in agreement with all the teacher has to say, occasionally congratulating the teacher on what he feels was a brilliant .comment. When he wishes to be called on, he never raises his hand above his head but only gestures with his index finger for attention. When he is called on, he always seems surprised that its b~ his last name. The first time a professor called on me in class, I discovered that I now went by my mother's maiden name. I guess anxiety is a little high in school. The only thing I have, as yet, been able to commit to memory is the holiday schedule. I also seem to have acquired quite a collection of match books, all advertising various lifetime opportunities. Other students seem to have found comfort in groups. There are three students in my section who are never apart, rather like a package of Hostess cupcakes but without the cellophane. I overheard one girl in the group complaining about the physiques of the third year students. She claimed they had shapes a down comforter would be ashamed of. But still they had made it past their first year. Which is what I hope to do, that is if I can't learn to drive a truck in six weeks.

the First Year Blues

By Ellen Lynch My mother and I were walking down the street when we were approached by an old friend of hers. When she heard that 1 had just enrolled in law school, the woman was all smiles. "Why my son goes to law school. Where are you going?" I explained very carefully that I was going to New York Law, the one not in the village. The woman looked down and suddenly became enamoured with the paisley print on her skirt. It was as if she had never seen such an intricate print before. After a while, she smiled and said, "Oh." Another pause, while she and her skirt got reacquainted. "My son goes to Columbia. He 'II be in his third year. He had to take off two years. They work you very hard at Columbia." By now, the woman and her paisley skirt had become so intimate, I almost didn't have the heart to interrupt, but I had to ask. "You mean he had a nervous breakdown?" The woman shot back, "Mental fatigue!" and fled down the street. My mother has since hired a girl with peter pan collars and a Bryn Mawr accent to impersonate me at cocktail parties. I thought back to that incident as I walked to school for my first day. I had never ventured on to the camp.usand was wondering where it was, when I realized I had passed the school and had to walk back five steps to find it. There was a long line

of students outside the building, and I asked one girl what everyone was waiting for; she said someone was using the library. When I finally did get inside the

I

building, all new students were herded into a room with many hard seats. There, we listened to an assortment of speeches. I remember one girl who talked. Although I don't remember much of what she said, I do recall wondering how she ever had the stomach in the wee hours of the morning to wear that color green. You could paint a squirrel that color and throw him out on to an interstate highway at midnight, during a black-out, and trucks

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