USD Law 1973 The Woolsack

The Woo/sack

February, 1973

Students

Evaluate Faculty

By Russe l Miller

Th e Academic

Affairs

Co mmitt ee sponsored by th e Student Bar Associat ion ha s just fin a li ze d the student eva lu a tions of teacher inst ru ction. The purpo se of these polls is to give the st udent and the instructor so me feedback on h ow the st ud e nt views th e co urse and his instructor The results of these e va lu ations may be checked out from th e r ese rve de sk in the library.

Jerr y Fre eman is the Chairman of the Acade mic Affa irs Committee The other members on the committee are John Ca r se!. Crai g Walker , an d Phil Davis. Jerr y Freema n e st im ate d th at during semester break and including severa l additional wee kends the co mmitt ee expended approximately 150 hours in th e compilation of th e eva luatio n poll s.

There were some 52 classes participating in the poll. Th e greatest number of responses came fr om the required courses. bu t no c la ss responded with gr eater than one -third of t he e nrolled st uden ts. So me classes h ad only 2 or 3 st uden ts answer in g the poll qu est ion s.

A ty pic al question had th r ee or more categories from which to choose. Using question num ber 37. fo r example, ther e were th r ee choices ava il a bl e. The question aske d the st ud e nt lo rate the teac her's overa ll ab il ity lo he lp the st ud ent lea rn wh en compared to ot her t ea chers the s tud e nt had The choices we r e: I. below average ; 2. ave r age ; 3. among the best.

To ac hi eve a we ig hted ave r age , the numb er of st ud e nt s answe rin g a particular numb er was then mu ltipli ed by the r es pe c ti ve l, 2 or 3. Th e s um of a ll t hr ee multip li catio ns was then di vid ed by the tota l numb er of st ud e nt s who answe red.

Thus out of a po ss ibl e 3.0 on que s ti on numb er 37 , Professo r Ke ri g in hi s Evidence class re ce ive d a we igh te d average of 2.96. Thi s ave r age was th e high est give n to any pr ofessor in th e po ll. Unfor t un ately for Profe sso r Ke rig , hi s 3.0 ave r age was brok en by a s in gle s tud e nt who felt that Pro fesso r Ke rig was onl y an av e ra ge ms tructor'

Des pit e man y pr ofesso rs der idin g th e use or co m· me rci al o utlin es for th e s tudying of th e ir co ur ses, it appears th at ove r tw o-t hird s of th e r es ponding s tud ent s utiliz e th em ex tensive ly. Th e only non-r eq uir ed hor:n hoo k whi ch outso ld a ll th e co mm e rci al outlin es co mbin ed wa s Pro sse r Torts.

Bar Examiner Speaks To USO Law Students

By Gene Myers

Mr Paul Peters on, a local attorney an d member of the Ca liforni a Committee of Bar Examiners , spoke in Mor e Hall on February 1, 1973 After brieny discussing the dutes of a Bar Examiner he opened the forum for questions receiving wid e audience response

Report Recommends No New State Law Schools

A report. ent itl ed " Leg al Manpower Suppl y and Dem a nd in Ca lifornia " was recentl y submitted to the Coordinating Council for Higher Education The s tud y was compiled during a threemonth pe riod (OctoberDecember 1972 ) and its purpose was to determine the nat ure and extent of legal ma np ower .s uppl y and de mand imbal a nc es in Ca liforni a t hrough l 980.

Th e report recomm e nded th at th e S tat e sho uld not estab lish additional Jaw sc ho ols in Ca lifornia at the present time.

Furt her , it was s ugg ested th at Univ ers it y of Ca liforni a Jaw sc hoo ls shou ld inform a ll prospecti ve a nd c urr e nt.J y enr oll ed st ud ents th at there are lik ely lo be in s uffi cient pos ition s in the imm ed iate future in some tra diti onal fi e ld s of lega l pr ac ti ce, a nd in s ome geographical ar eas of Ca liforn ia. for a ll tho se who see k such pos iti ons.

Th e re port al so r eco mme nd ed that Ca lif orni a law sc hool s sho uld en co ur age th e

de velopment and expansion of lawye r placement activ iti es at. the ir insti tutions to ensure that gra duates of the se sc hool s are assisted to the extent po ss ible in obtaining suitable employmen t according to their inter es ts.

The establishment of a Standing Law School Advisory Committee was suggested This committee would work in cooperation with the Californi a Co ordinating Council for High er Education.

Th e Law Sc hool Advisory Co mmittee, with the ass ista nc e of th e pri va te, acc redited Jaw schools in the State, wo uld mak e per iodi c surveys, on a continuing basis. of legal ma npow er s uppl y and ·de mand rel a tion s hip s in Ca liforni a.

In a nal yz ing the sco pe of the c urr e nt ove rsuppl y of lawye rs in California , the re port concluded that the St ate and the na tion are fac in g ser iou s lega l ma np owe r s uppl y an d dema nd imb alances that co uld e qu al, if not s urpa ss th ose no w ex ist in g in th e ae rospac e indu st ry and the l eac hin g profess ion.

ABA Reports Drop In

Enrollment Of Freshmen

Th e Am e ri ca n Bar

Assoc ia ti on has repo rt ed that en ro llm e nt of fir s t- yea r

(F r es hm an) s tud e nt s in the 149 ARA-a ppro ve d Jaw sc hool s dropp ed thi s yea r by 2.9 pe rce nt , d es pite an in cr ease of 7. 7 pe rc ent in ove ra ll Jaw sc hool e nrollm e nt.

However , the dec r ease did not ap ply lo wom en fir st-yea r law st ud e nt s, whose numb er increase d 27.3 per ce nt fr om

4,326 lo 5,508 thi s yea r. Th e tot al numb er of women Jaw st ud e nt s ro se by :l5 .H per ce nt fr om fl ,\J 14 in l!J 71 to 12,1 72 thi s fall

Total en roll me nt in Jaw sc ho ols a ppro ved by th e ABA jumped fr om H4,4Gfl las t yea r to IOI ,6G4 thi s fa ll. Thi s wa s du e la rg ely to a 2(i.3 per ce nt increa se in the s ize of th e thirdyear class. fr om 22,040 in 1971

lo 2B,3 1I th is yea r. Wh en admitt ed in 1970, t hi s cla ss hik ed Jaw sc hool enro llm e nt by 20 per ce nt, th e fir st indi ca tion of th e r ece nt s ur ge of int er es t in law as a prnfess ion a mon g s tud e nts throughout th e cou ntr y.

Th e dec r ease in fir st-yea r e nr ollm e nt , from :Hi,171 in l!J71 lo 35,1 :!1 thi s fall, do es not. indic ate waning st ud ent int eres t in th e Jaw , acco rdin g lo Un iversity o/' Texas Law Prol ess or Mill ard 1-1 Ruud, con s ult a nt on legal e du c ation l.o th e ABA

He e xplain ed th at r ec ord in cr eases in I.h e numb er of fir st-yea r s tud e nt s adm itted durin g I.h e pa st two yea rs have now re s ult ed in hi gher e nrollm e nt leve ls a mon g seco nd and third - year (c ontinw:d on par1e 3)

One of nine members geographically distributed throughout Ca liforni a, Mr. Peterson noted that the Examiners a re not compensated for their often thankless efforts w hich amo unt to a pproximat ely twenty-five meeting days per year

The Committee is cha r ged w ith personally selecting the essay questions with advice from its experts , a nd it instructs readers in the appropriate methods of grading.

The Examiner expla in ed that applicants whose composite gr a de lies between 65 and 70 are put in reappraisal groups. Two reappraisers are then assigned th e task of reexamining all essay questions to determine whether or not a ddition al point s m ay be awa rded In th e absence of an agreement bet wee n the two , a third reapprai ser will be appointed.

Ha v ing pa ssed the bar , the applicant 's mor al c haracter is

raised in issue If a serious offense has b ee n committed , a hearing would be held to determine if it involved mor al turpitud e. If it did , the offender would ha ve an opportunity to show that he had rehabili tated himself. A su ccessfu l demonstration would permit his entry into the California Bar.

Mr Peterson also commented on the weight to be given the multistate objective exam. On the fir st time administered in February , 1972 , the multi-state cou ld help but could not hurt an applicant.

This bonus wouid accru e' only once ho wever. since the first results indicated a high positive correlation between the essay and objecti ve scores. It was discovered that those who did well on the e ssay questions a lso did well on the multi-state exam The converse was al so shown to be true

As a consequence the multistate is now fu ll y weighted an d will constitute 30 percent of the total score. The essay portion will comprise the remainin g 70 percent.

The following are a sam plin g of th e questions a ddr essed to Mr. Pet erso n durin g th e open forum ( contini<ed on page 4 }.

JOSEPH ALIOTO, Mayo r or Sa n Fran cisco. w ill spea k at Ha ll on Ma rch 14th (Se e ac co mpan y in g s torv on Pa ge 8)

Graduation

Fee Deadline

Se nior s ha ve until April I lo pay th e ir $35. 00 grad ua ti on fee

E. H. Moor e and Compan y will be al th e Jaw sc hoo l on Wednesd a y. Mar ch 14 fr om !I a.m until 4 p.m. t.o meas ur e s tud e nt s for caps and gow ns. Th ey will re turn on Thurs da y. IVl <i rch 15 frnm 'I until II p.m. t.o accom modate eve nin g st ud e nl. s.

Meas ur eme nt will J;1k e pl ace in th e fac ult y loun ge

Don Goddard USO Student Passes Away

Th e Univ ers it y of Sa n Di ego Sc hoo l of Law mourn s th e de ath of Don C. Go dd a rd. a fir s! yea r day s tud e nt . who passed away recently. He was 2(i yea rs old

A I!)72 g raduat e of UC LA God dard ca me Jo USD fro m La Pu e nt e. Ca lif orni a. Th e Wool sac k wi shes t.o ex te nd its m os t s in ce re sy mp at hy Jo I.h e famil y of Don Go ddard

The University of San Diego School of Law

PAUL PETERSON, a Stale Bar Examiner , an swers questions raised by U SD st ud e nt.

Class Attendance

Ed itor:

Compul sory a ttendance st.ill lives : a ny individual teac her's enforcem e nt of it will sti ll be back ed up by the administration The mandatory ., attend ance requirement , not expe ri enced by many stude nt s s in ce high sc hool. is. however , unfairl y a pplied If classroom in s t.ruction is an indispensable part of the legal education , why should th e te acher be a ll owed to dispens e with it an y more than the student ?

I ha ve had class ca ncell ed for a teach er to be in court. I hav e had class cancell ed for a teacher to be out of town for a week or more at a time. Some of these classes are never made up; others are made up at inconvenient times. Some classes are ca ncelled without prior announcement and for no g iv en reas on. Yet it is th e faculty which votes lo keep the ma ndatory attendance rule a li ve for students

I see nothing which takes priorit y over the teaching of a class for a professor, given the attendance polic y. Nol a pri va te practice and not airplane schedules One teacher , Dr Willis , once cancelled a class of his so that he could receive a yachting troph y that evening

I would like to see teachers displa y the same degree of diligence and dedication to ward class work that the y expect from s tudents All en Minker 3rd year da y

Tuition Waste

Edit or: I' ve been gi v ing some thought latel y to the tuition increase we ' re abo ut to get stuck with , and a few obser vations ca me to mind.

1. No one at the law school seems ver y concerned You kno w the response: " Well , I go t le ss education at undergr a duate school than here and paid mor e." Or , " If we get a few ne w facu lty and more books, I'll favor it. " Something lik e th a t.

Th e problem is that Philbin 's doing too good of a job , or we 'd be raising as much hell as the und e rgraduates , who 's facultystudent ratio' s about twci to on e.

2. Th er e's an a wfu l lot of ta lk ar o und a bout "va lu eori e nt ed" e duc a tion Troubl e is, nobody see ms to know exac tly wh at th at is. The cl oses t thin g I' ve he ard a bou t it wa s th at Pr es ident Hugh es sa id , e ar li er in th e yea r, that it me ant " thin gs lik e ha vin g pri es ts and nun s on campu s, th at sort of'thin g."

Very int eresting. I think we're suppos ed to think that thi s " va lu e-orientation" costs money.

Th at 's not true

As a matter of fa ct, it s ave s us mon ey.

Prie s ts giv e back most of the money th ey get pa id The highe st paid pri es t in the schoo l on ly mak es $375 a ,, month , som e $325. For some r eason the nun s only gave back half of what they did last year ,

but th e cont ribut ed se rvi ces are a good ly amount. The tuition increas e ai n't being caused by ou r

3. The law schoo l pays more for its education but ge ls less. Using the actua l figures. in 1!l71-72 the Ja w sc hoo l contributed about $1, 146 ,000 lo tu iti on. a nd the gr aduates and und e rgraduates paid about $1.869.500 That's a ratio of abo ut two to three But there 's 792 stude nt s at th e law sc hool , a nd about 1600 at the ot her levels That means , roughly , that the law school pays 40 per cent of the costs, but has 33 per ce nt of the students

Besides that, the law sc hool gets less in terms of money for teachers. Us in g figures most fa vorable to the a dministration , the proposed budget says that th e costs of the non-law in struction will be about $1 , 621 ,000 , but the law schoo l will gel $674 ,685 That 's a ratio of about eight dollars to th r ee . A littl e subtractio n tells yo u that the la w schoo l is paying a lot for very littl e.

4. My biggest gripe is that the administration has proven Parkinson 's Law. Bureaucracies increase and bureaucrats make work for each other. In the proposed expenditures, they:ve got an adm inistr ation sectio n, and the n there 's another "admini stration " for the physical plant , which costs $56 ,000. The President , Provost , and Controller -whoever he iscost us $250,000 in 72-73.

Other things just disappeared ; The president's house, fo r example That fiasco cost $164 , 000 , d espite w hat the administration says That means 194 people paid tuition last semester for his hou se. Or transportation - there are only da s he s in the lin e, but in 1971-72 it act ua ll y cost $11 ,821. That never got recorded.

But the number of people running this show is the real kicker Outside the law schoo l I hear there are about 150 people in administrat ive and custodia l positions Thal doesn't cou nt the free r oom and board jobs for prefects, who sort of make sure that st ud ents don 't drink in their rooms. One for every hall in the dorms.

When I was an undergraduate at USO , three separate schoo ls maintained their administrat ions in parts of what is now Serra and Camino halls Today , those places are s till filled with bureaucrats, plus th e ent ire two bottom floors of Burea ucracy ·- oops, OcSales -ha ll. If you don 't be liev e me walk ac ross th e s tr ee t and a look a round

The reas on for unification w as to cul admini s tr a tion co sts. I leave it lo you to judge th e success of th e exeper im ent.

The blam e for a ll thi s li es at th e . lop. I recomm e nd Pre s ident Hughes cut s om e fat off _the budget be for e we up lmllon costs. If he cannot see hi s way clear to rid us of th e paracitic al blood suckers in th at ad_mi!1i s lration , he's not domg his JOb

I c hall enge him lo a LincolnOouglas style de hat e, Oregonian sty le. I'm taking bets he's afraid to do e ilh e1·.

Bill Sink

Come Again?

Editor:

This offic e has a greed to co nform lo the govern ing laws of llie USO Cam pus in regard lo secur it y and parking, for the sake of exte rn al uniformity. It also has its own needs - needs which it has not been able to achieve but shou ld be able to. One part of our need, is that we have at our disposal parking spaces reserved for our perm ane nt e mploy ees and vis itors. This is an absol ut e need. It has been infringed upon by many st ud ents and has ca us ed many hardships to our personnel a nd visitors.

We agreed to the sec urity system of the University for th e sake of uniformity procedure, after it was decided by the University. We do not share in the revenues co ll ected from parking vio lat ions , only t he USO General Fund gets this income All we get a re h eadaches and co n sta nt complaints from ou r personnel and vis itors that they ha ve no pa rk ing spaces. E ve n wit h open parking , USO has agreed to our parking spaces , a nd t he students have been informed of our position, from the very beginning.

Because of the fr eque nt violation of our parking spaces, we have taken the dramatic ste p of procuring the services of Moore's To w ing , 1426 Morena Boulevard, 2763483 , to help us a ll eviate our problem. Thi s will be private impounding. The driver , or owner , of th e improp e rl y parked car, which has been towed away , will h ave to pay for the towing of the car to get the car returned.

For your inform ation , there is no liabilit y on the part of the Diocesan Office or USD. Th e Admininstrative offices and USD have been inform ed of our action , as we ll as the Security Office of USD. It is our hope that through your office the students , who frequently deny this office of its needs, know of our needs and intention.

Sincerely your s, Very Reverend Ro ge r A. LechnerVice Chan ce llorSec ret ary

Advocate Defends Advocates

Editor:

With r ef ere nc e to Mr Nugent 's argume nt s in opposition concern in g the "Advocate s Co nt rover s y" published in you r Dec emb er 1972 issue , . whi le I naturall y disagree with l11 s conc lu sion that l a nd ot her attorn e ys assoc ia ted with Advo c at es s hould be disbarred J would po ml out one as pe ct a bo ut whi ch Mr Nugent is obvio us ly confu s ed and oth ers wh ere he tot a lly mi s se s th e point.

Th e " group " refer re d to in Rul e_20 is. not th e provider of se rvi ces, 1. e. the lawy e rs, but the group lo whose membe rs hip servic es are provided , 1. e. uni ons or ot her organ iza tions who se primary purpo ses a nd activ iti es are ot her than the rnnd e rin g of legal se rvi ces. The qu estion rnis ed in the ,,dvpcaLeS '.· CJJntroversy is in

what mann er sha ll th e provid er of legal se rvic es, the lawyers , mak e ava il ab le lo the group and ils membership information co n cerni ng the availabi li ty of se rv ices Advocates has made ava il a ble to the leader s hip of such gro ups a pamphlet which describes its se rvi ces a nd th at leadersh ip has in tur n distributed suc h pamphlets lo the gro up membership. Not hin g in that process violates Rule 20(1) (2) (a) Cb) or (c). The essence of the controversy then boils down to consideration of R ul e 20(2) <d). It is in conside ra tion of that sectio n that complaints hav e arisen concerning the propri ety or "dignity" of the comparison publication of Advocates fee structure versus the County Bar Association publish ed recommended minimum fee schedule. An interesting s ub-is sue pr ese nt ed by that controversy is the possible anti-trust as pects of the Bar Association fee schedule.

In his argument, Mr. Nugent fails to consider the possible a pplica tio n of Rule 21 resulting from the non-profit corporate structure of Advocates. Rule 21 specifically permits the publicizing of the pl an or program of a non-profi t organization formed for charitable or other public purposes which furni shes lega l services to perso ns in respect of their civic or political or constitutional rights in furtherance of such charitab le or other public purposes of such organization.

Aside from ignoring these iss ue s, Mr. Nugent ove rl ooks the basic underlying socia l issue of th e efficacy of the concept of t he rule of law a nd the correlative respons ibilit y of attorneys , pursuant to the ad monition of the Ca nons of Ethics , to no t·deny services to persons because of their financial status. Rules of Professional Co nduct w hil e salutary in their intent to protect the public from unscrupulous pr actices by attorneys are of questionable validity if in te rpr eted so restrict ive ly as effecti vely to deny serv ices. It 's intere st in g that so far no one ha s cha ll en ged succes s fu ll y the quality of serv ice re nd ered by

Advocates nor in a ny way a ll eged detrime nt to th e public

Let him who would cast the fir st stone do so

As in the case of answers to bar e xamination que s tion s Mr Nugent's co nc lu sions avail hi s .argu me nt s not at a ll , a nd hi s treat m ent of the issu es is tange nti al at best.

For my se lf, I am proud to have been associated with Advocates as a m embe r of its Board of Trustees.

Ve ry truly yours PHILIP 0. lSAAc·

Who?

To : Author Hughes, Pres ident Sally Furay , Provost

From: Gad ny

Re: An Ind epe ndent University

Somet hin g you might think abo ut.

The term " cat holi c university" is redundant.

The t er m " Cat holi c uni versi ty " is inco nsistent.

Why not cut th e crap ?

What Can We Say?

WOOLSACK Note : Th is let ter was printed in the February 9 issue of VISTA , the un d ergraduate newspaper at USD. Because Brother Berk's are of su ch obvi ous interest and import to la w students we have r eproduced it belo w for t hose WOOLS.4CK readers who may have missed t he last issue of VIST A.

VISTA Editors Note : We have left Mr. (?) B erk 's letter unedited so that the reader may get the true fla vor of his statements. We suspe ct that Mr. Berk is not charac teristic of the ty pical USD law student At the sam e time we ap ologize to Mr Berk that th e und er gra duate girl s at USD are not as fun as the st ables at U.C. Dav is.

Editor: Dirt y old law stud e nt s need loving too' ( cont i1111e d 011µage3 !

The WOOL.SACK

Publi shed by th e s tud e nts of the UNIVER SITY OF SAN DIEGO SC H OOL OF LAW

telep hone 29 1 6·180 ex l. 330

lho so1ol th e Ed itori al Board or ol il s btli ned rep ort ers, othorwlsosJHICllicallystatod , oso 0 tho sludent body, facu lty or unl ess

Editor-in -Chief Bill Wood s

Associate Editor Richard Aborjaily

Advisor Professor John Roche

Managing Editor _ ... _ , Ru ss Milter

Statt Writers · · · · · .Judy DiGenn a ro, Steve

Photographer ···

Hooper, Gene Myers, Dan Bamber g, Rex Gay, Ba rbara Ruedi ger Dwi ght Moore

of th e Lord Chancellor of En glond in the arms d' 3 lar ge s qu are b ag of wool without back or ' covere with a r ed cloth. - Block 's La w Di ctio 11 <1,.y

( contimiedf1'0m pag e 2)

'1·":;; is not the a llenco mpa ssing iss ue of thi s a rti cle, but ii should be enough to gel so me of yo u yo-yo 's a tt e ntion - "W hat 's Hi s Nam e !n Th e Sky" on ly know s wh at else co uld do il.

Th e point of tod ay's dis cuss ion is Ma le Law St ud e nt s vs Female Underg raduate St udent s or to be more prec ise. lac k of fe mal e und erg radu ate st ud e nt s.

We sha ll begin by definin g charac te ri zin g sa id male law s tud ent.

He 1s often so me di s tan ce fr om wh ere he did hi s under gra du ate work. T hi s is the same di stance from hi s fri e nd s a nd old g irl fri e nd s. Ther efore, he is lonely for fema le co mpanions hip AN Y FEMALE

COMPANIONSHIP Now for the g irl s on ca mpu s, who ha ve not not iced thi s. just walk into the law li brary That's it , a ll the way. Now watch the hea ds turn This hea d I.urn is not because the Statut e of Frauds has give n the guys a quirk in the neck.

Mal e law st ud e nt is co nceit ed. He thinks he is prob ab ly one of the cool est things eve r created . He sim pl y can no t und ersta nd why the g irl s on t hi s ca mpu s hav e not recognize d hi s bit chin ess But he ra tionalizes that the g irl s are too st upid to realize that the y sho uld be thrilled by hi s mer e presenc e in the sa me room

Wh y sho uld he t hink he is so grea t' Maybe this is beca use of wh at he (no , not his dadd y, with a ll his wonderf ul mone y) has accom pli shed Such

thin gs as graduat in g from co ll ege , doing we ll e nough on th e Law Sc ho ol Admiss ion Test

t.o be cons idered aga in st the t rem e ndous competition for law sc hool -a nd be acce pted.

Hav ing a hea d on hi s s hould ers to know what he wa nts, a nd working so ve ry ha rd to acco mpli sh il. Th ere is a lot to be conceited a bout, ye t rela tively, law students a re quite down to ea rth in their aims aed des ires.

Wh ile on the topic of peo pl e be in g co nceited, I must admit I have not m et a law student more conceited than many of the und erg raduate g irls on t hi s camp us, who are spo il ed littl e g irl s, whose da dd ys wou ld buy them anyt hin g -a nd mo st lik ely pa id their ticket pas t th e a dmi ssio ns gate. Th ese girl s hav e bee n sheltered a ll their lives, a nd th e ir pare nts wer e ha rdl y going to se nd them to suc h heathen pla ces as San Di ego State or UCSD, when th ey could se nd th em to the " Nunnery. " And how do these g irl s r eact to thi s funnelled li fe? Th ey stay in th e dorm swe shall call this " hiding out. "

After all , no on e is reall y in yo ur cla ss. Ce rt a inl y not. Ju st look w hat YOU h ave acco mplish e d. Through some t ri ck of birth , we sha ll ca ll th is immacul ate conception , yo u were bo rn into "Re dn ec kdom. " that mythic al kingdom c haracteri ze d by fin e clothes , haugh ty de manding att it ude , an d nos e glued firml y to the sky.

And you have the nerve to sa y law st ud ents are so co nceited. Ta lk lo some , I believe yo u'll find some very inte r es ting a nd interested people. People who co uld he lp you out wit h a prob lem, for cha nces are, they have had th e

same kind s of probl em s, a nd are sti ll in th e sa me age group to re la te a nd unders ta nd.

Th ese law students work very ha rd at their cho se n endeavor , but th ey cannot pull it alone. Male law stude nts wo uld like to go out on dales a nd have a good t im e whe n th ey have a cha nc e, but the re are no girl s to go out wit h. Al camp us dan ces, th e sa me ten or fifteen girls s how up Wh e re are a ll the r est '?

Many of th e law students did their undergraduate work at schools that wer e mu ch more wid e open and free-wh ee ling th an this campus. Schoo ls that offer ed much mor e than "chas ing par ked cars." Even at U.C. Davis you could wake up in th e morning , go out onto the fr ont porch and wait for the wind to co me off the stables for a cheap high.

Listen peopl e, co ll ege ca n be the gr ea test experience of your life, but you must a ctively pursue life , it will no t come to you in the dorm s or classrooms if that is all yo u do. You must go ou t a nd live it the best you can. Nothing is worth sacrificing life for - not a B.A ., not a J .D. , nothing Go a fte r it, every min ut e of it. As for the law students , we' ll still be here , but thi s chasing park ed ca rs is sure getting to be a drag. It 's tough on s hoes too "w ith a ll that starten and stoppen en all."

I do expect thi s to be published, as is (e xcep t where you might wish to clean up any punctu a tion or spelling etc.)

If there a;-e any proble ms with fulfilling this request , pleas e call Berk at 296-6713 and be pr e pared to give a full explan atio n.

Berk

a nd posted in the Law Sc hoot Foyer

J\'I"l' ENT ION : DIRTY

OLD L/\W STUDENTS

" What 's His Nam e in th e Sky" he lps tho se who help th emse lves. Stop " hiding out" in the Law School Library! !

ABA Report

(continuedfrompage I) students, acc ounting for th e 7.7 pe rcent in cr ease in total e nrollm e nt. To prevent further overcrowd in g, he said, many law sc hoo ls have found it necessary to accept fe we r incoming st ud ents tha n last yea r.

"Most of the se sc ho ols re ported that in th e last year or two they had in tentionally or inadvertently admitted a larger than norm al e nt ering class ," he said. "To hold the total enro llmen t at a numb er that could be· adequately served by th e present fulltime facu l ty and la w school facilities , this year's entering class was reduced in s ize ." The de c rease is even mo re s ignific a nt , he added , if the two law schools a ppro ve d s ince last yea r are not counted. If the 586 st udent s enrolled in these two sc hools are excl ud ed , the 147 law schools approved as of last yea r have decr eased the ir fir s t- yea r e nrollment by 1,626 , or 4.5 per ce nt.

" Thi s occurred at a time when the demand for leg al education , as measured by a dmini strations of t he Law School Admi ss ion Test , wa s in c reasin g by nearly 12 per-

cent ," Professo r Ruud sa id

On ly two law sc h oo ls re por ted "unfill ed seats" this yea r, totalling ?:1 In 1970 there wer e 659 unfilled sea ts reported , a nd last ye ar 87.

Prof esso r Ruud sa id stat istics for sc ho ols not approved by the ABA are incomplete. However: he a dded , "Th e unapproved sc hools ha ve been the ben efi ciari es of th e inability of approved sc hoo ls to accommodate the further increases in dem a nd fo r lega l , education ."

Faculty Ratings

( continuedfrompage 1)

Surpris ingly , in que s tion number 9, the reason given for miss ing cl ass was du e to conflicting obligations. The most obvious answer , illn ess , rank ed second

Th e stude nt s, in ans we ring question number 11 , stated that their preparation was generally average. Ho weve r, it shou ld be noted that most of the students who participated in thi s eva lu ation indi ca ted that th ey were in the upper one-third of their clas s. Thu s, it is difficult to determin e what the lower two-thirds of t he classes did in terms of prepar atio n for class.

- Freeman hoped that ·. students and profe sso rs wo uld use these polls to imp ro ve t he qu a lit y of cl asses at USO. He al so s ta ted that future evaluation po ll s are pl a nned and that the gr eat er t he student partic ipati on, the greater the benefit to futur e st ud ents as to what the y can expect from their in di vidu al in structors.

B.A.R. HAS ONLY ONE RECORD TO BEAT: ITS OWN8 out of 10 who passed last summer's exam were B.A.R. enrollees ·

Questions and Answers : Bar Examiner

( conti nued from ·µa.ge 1)

Q. Has 1he co nfli ct bee n re so lved as to wheth er or no! a per so n fai lin g th e exa m. ca n ge l a look al hi s tes l. parll c ul a rl y the multi -s late por ti on'' Peter so n: Yes. yo u ca n lo ok al yo ur exa m book in th e office of !h e s t. ale bar. including the multi -s t. ate gr ad in g sheet.

Q. Does thi s mea n thnl the mu lti -s late qu es tions will only be used once?

Pe te1'S<m: Th e multi -s tate peo pl e cr ea ted a bun ch of new qu es ti ons. So the sa me se t of qu es tion s is not gi ven aga in eve ry lim e a nd they mix it up and change it a bit so you ca n't te ll in a dvan ce wh at is goi ng to be on !h e mu lti -sta le exa m.

Q. Do yo u have to wr ite essay qu es ti ons on th e sa me subjects th at are in c lud ed on the multistate objective por tion ?

Pet er so n: Yes.

Q. Ha s Ca lifornia t hought a bout doi ng away with the bar exa m as a few oth er states have suggeste d?

ad mill ed a utom a li ca ll y a nd s imil ar lo Jh e medica l tho se from !h e non -acc r ed it ed professio n? are no!. l' ctcrso11 : Yes. and I th ink

Th ere is a st at ut e 1.n il 's an id ea with a lot of me rit. Ca liforn ia th at says you ca n I You go to Jaw sc hoo l for two do that. Seco ndl y th e ac- yea rs a nd th en spe nd th e last cre dit ed Jaw sc hool s them - yea r as an int e rn One of th e se lves do not want lo acce pt th e prol.ilems we have is the sheer r es po ns ibilit y of havi ng peo pl e numb e rs of st ud ents. Wh ere who graduate be a dm itt ed in to are th ese peo ple going to inte rn th e bar. a nd und er what co nditio_ns?

Th ey li ke to ha ve th e bar • Co ntrast t hi s with th e medica l exa min a tion as a kind of sc hoo ls where they grad uate backstop on wh at they do. Th e m ay be 30 or 40 per class. I.ts .a Jaw sc hool have always goo d idea but the probl em JS m taken th e pos 1t1on that th ey impl eme nt a tion don 't lo do away with th e bar Q. Is the re any e ffort to limit exa m. the numb er of non-a ccredited

Q. Wh y is there a di spar ity in Jaw schoo ls in Ca lif orn ia? th e perce ntage of pa ss r ates betwee n diff ere nt states on th e mu l ti -s t ate exa m? Some r equ irin g 40 per ce nt , oth e rs 60 per ce nt . a nd 70 pe rc e nt m Ca li forni a?

Pe ter so n: The more r eaders yo u ha ve the greater danger there is that there will be signific a nt s pre a ds between what t he readers do On the major questions we use three re a ders and they may be di,rj d ing as man y as three or fo ur thousa nd exams between t hemsel ves. We h ave concluded that if we c an ho ld the number of r ea ders down , the spread between wha t the different readers m ay do is less

Q. I would t hink that the instructions given to the readers would take care of any di spar ity in grading.

Peterson : If y ou w ere de aling with multipl e cho ice or tr ue fal se question s there wouldn 't be an y issue , but you ' re not. You are dealing with examinations tha t are read as a matter of judgment. I don 't care how much inst ru ctio n yo u give a reader , each one is going to interpret it di fferent ly.

For exam ple , in ou r fi r st meeting with th e graders we sit do wn and go over sam pl e question s. We will ta ke a sta ck of 75 exams from a particul ar to pi c, say in ev iden ce which happens to be my s ubj ect. Tho se 75 exa ms are r ead by a ll t hr ee of the evidence rea de rs a nd they gr ade those independently , without knowing what the oth er guy is doing.

They are then sent to me and I read them. Then we h ave a meeting with the r ea pprai se rs , the members of the Comm ittee and our sta ff consu lta nt s a nd the readers a nd we wi ll look al how the three r eade rs did when eac h of them read th e 75 books.

Th ere wi ll be s pr ea ds on going in so metim es betwee n five, te n to fifte en po in ts on a given exa mination The purpose of this m ee ting with them is lo say , loo k, this is how we thin k you are go in g to h ave to read these 75 papers. Th en they get togeth er after t hi s meeting a nd h agg le out what there differenc es are co ncerned so they can get together on ho w they wou ld grade a given pa per. ·

But I don't care how you do it or who yo u are de aling with, yo u are go ing l'> have differe nc es of view as to the va lue of any gi ve n paper whe n yo u get into essay qu es ti ons. Th at is why we h ave two r ea ppraisers who go over at th e outse t th e ones betwee n 65 a nd 70 a nd if there is any doubt a

third who wil l cast the tie brea ker. So . I guess what I'm te lling you is that this is not an exact sc i ence in grading these papers and that the more peo ple you have invo lve d in the proces s the l ess exact it becomes

Q. Ha ve the bar exa miners conside r ed e mplo ying fu ll time graders instead of the part t im e gra d ers who are also pr act icing attorneys?

Peterson: I don 't t hin k so, I'm sure we haven ' t.

Q. What is the rationale behind charg ing an extra fe e of $ 10 where an incomplete appli cation is s ubmitted which is du e to an obvious ove rs ig ht? The fee seems a little steep.

Pete r so n: I have to confess to yo u th at I don't unders ta nd the rat iona le behind fees I'm sure if yo u asked t he staff they would tell you that it costs more to process that appli cat ion. But whet her or not it costs $ 10 more or where that fi g ur e came from I don 't kno w.

Q. Is there a statistica l differ ence between the pass r ates of those who write and tho se who type their exam answe r s?

Peterson : We ha ve never made a sta ti st ical st ud y a nd never attem pt ed to s tudy it. However , I thi nk that if yo u are a fas t ty pi st it will give yo u more lime to think abo ut the que s ti on. Other than that I don 't think it ma ke s any differe n ce as long as th e wr iting is leg ibl e.

Q. Is th e mu ltip le choice part sti ll lim ited to fi ve top ics?

Pe ter s on: H's limit ed to whatever it used to be , fiv e r believ e, co ntr ac t s, rea l prope rly, tort s, c rimin al law a nd ev idence

Q. What is th e rationa l in li mit in g it to thos e fi ve topic s?

Pe ter so n: Th ose are s ubject s th at are most closely in vo lved in wh at yo u might ca ll natio nal Jaw and thi s is a nationa l exa min a tion ll is given on the same day at th e same time throug hout th e Unite d Stales in a number of sta l es. Th e ra tion ale is th at by limitin g it to those s ubject s whi ch are cons idered very broad in scope th en eve rybod y ca n givc iI. on th e sa me d ale.

Q. Ca n the l'CSu lls of I.h e Ca lif orn ia multi -s tal e bar exa m be us ed lo pe tition for a dm i ll a nc e to th e ba r of anot her slate''

Peter son: I don't know but I doubt it.

Pe ter so n: No Onl y one slate has don e away with the bar exam and I be li eve it is Wi scons in a nd th ey only hav e two Jaw s choo ls. Ca liforni a has fort y or forty-fiv e law sc hoo ls of which less th an twent y are accredited.

Our prob lem is that you ca n't dev is e a test th at dist in guishes b etween graduates of accredited and non -accred ited Jaw sc hools. Can you say that peo ple who grad u ate from an accredited la w schoo l are

Pete rson: It is so m ew hat arb i trary I c onfess but Ca liforni a h as de termined th at 70 perce nt is the minimum pa ss ra te . The lin e h ad to be drawn somew her e and 70 pe rcent was the fi g ur e selec t ed in Ca li fornia.

Q. When is th e d ea dlin e for making applicatio n to take the July bar examination?

Peterson : I cton;t know but I wou ld t hink that it wo uld be in early March

Q. As an alternative to the prese nt bar examination has any co nsideration bee n given to a forced interns hi p progra m

Peter so n·: No. We h ave no limit on the numb er of nonaccred ited sc hoo ls. We do h ave s up ervisio n of them once th ey ap pl y for accred itat ion then we co mm ence a uditin g a nd inspect ing them and gu idin g them. But there are sc hoo ls that n eve r a ppl y for accred itat ion a nd a ll the y nee d is a certificate from the State Department of Educ a tion which t he y get for a $ 50 fee and they ' re in business.

Q. Are you aware of any other s tate that permits nonaccredited l aw school s to operate?

Peter son : Th ere are othe r non -accredited Jaw sc hools in ot h er states. I will say thi s, Ca liforni a sta nd ards are the lo west of any state ex cept Mississippi.

CAN YOU TAKE IT?

Writing bar answers day in and day out for 4 weeks?

The way to learn is by doing!

It's tough-gruel i ng-exhausting-BUT IT WORKS!

* Wr it e a minimum of?O answe rs to bar qu es tions

"' Answe rs w ill be g raded cr iti qued, an d re turn ed pro m pt ly.

*C onditions yo u to w ritin g rou r an swe rs in 3 11:! - ho ur s.

*D eve lop s wr itin g c as e a nd Styl e.

*De mand s sel f'-disc iplin e and sha rp ens analytica l abili ty

* Reinforce s the l aw yo u kn ow a nd po int s out l aw you don't kn ow

* Individua l a tt e nti on: Persona l co nt act with in :-; tru cto rs and co un se lin g when n ee ded.

* Lectur e pe riod s cove rin g analys is orqu es t ions and ma jo r probl em area s.

* Sa n Di ego cl asse s f'or Su mm e r. 1973 to be he ld prov i di ng th e re is s ufficient en ro l lm e nt.

• 4 week co ur se. 5 d ay s a week. fo ur ho ur clas se s. be g in s aµprnxirnatl•ly 5 weeks before th e Ba r exa m

*T uition - $250 dcp m; it orS IOO i'l'l as tc rclwrgc or l3;1 n kA m cril':ll'd

* Wanted- Senior Cl ass Represent ative

By Mike Udkovich

As 13A elec t ions near it is a ppr o priat e for th e ca ndid ates to focus on th • goa ls a nd obj ec tiv es of th e Sl3A a nd to prop ose pint fo rm r eco mme nd a ti on a nd re form s th rou gh t hi s forum to the s tud e nt s.

One inno w1ti on of thi s admini s tr a ti on is to hold no min a ti ons and el ec tion s much ei1 rlier in tl1 e Sprin g se me ster. Th e purposes are to provide for th e in co m ing 13oa rd at m osp here that is free from th e tension of frnnti c exa m prepara tion that begi ns to occ ur in late April when th e new officers have h isto ri ca ll y sta rt ed !h e ir a dministra ti on. a nd whe n th ey we re cr ampe d bv th e onset of s umm er brea k. I hope th is r efo rm w ill lea d to a sm oot her trans iti on betw ee n st ud e nt Boa rd s a nd enab le more co ntinuit y. In comi ng office rs ca n t urn to ou tgo in g office rs fo r any he lpful a id during the difficult ea rl y few months of any new Board admi ni stra ti on .·

New ly proposed By-Law Revisions have been deve loped with the fo r esight w hi ch w ill enable the SBA to be fl ex ibl e and. therefore. viab le in the future. We are now prese ntl y constr icted bv a Bv-Law that requires 2 3 ·or a ll .students in the Sc hoo l of Law to a ppro ve anv r ev ision. whet her or not 2 ·3 of the st ud e nt s vote d. Thi s By -Law "·as o ri g in a ll y created when the size of the law sc hoo l student body was co ns id erably smaller. We wa nt the org a nization to be fun ct iona l. yet responsible Th erefore. our prop o sed revision wo uld require a 2 3 majority of those that vote in an y elect ion, balanced by a chec k that at least one -half or the stude nt s

St eve Daitch

vote The re are plans und er wa y. af'ler an SBA initi a tive sug. ges ted to th e Dea n, ror th e cr ea ti on and s tru c tur e of a Ni ght Divi s ion Com mi tt ee co mp osed of fac ulty and eve n in g st ude nt s to co nsider prob lems uniqu e to Even in g Divi sion s tud e nt s. Ir int e re sted in se rv in g as a Ni g ht Divis ion Stu de nt Me mb er, pl ease co nt. ac t. the ni ght Vice Pres id e nt. Jo hn How a rth . I hope th is fi ll s th e long empty g ap th at eve ni ng s tud e nt s hav e bee n criti ca l of. Further. the Dean is pr opos in g a St ud e nlF' ac ulty Co mmit.l ee on Deve lopm e nt lo act as a li ais on u nit w ith th e Depar tm e nt of Uni ve rs it y Relations und er Dr Gilb e rt 13row n. Kee p yo ur eyes posted for furth er dev elopments.

Plans are be in g put toget her for a May I. Law Day Pro g ram at USD T hi s is one day a year proc la im ed by th e Pres ident of the Unit ed States a nd a joint reso lu tion of Co ngr ess as an occas ion for "re dedi ca tion lo th e id ea ls of e qua lity a nd ju s ti ce und er law". We want lo have a pro gr am on campus open lo lo ca l s tud e nt s w ith spea kers fr om fa c ul ty , a lumni a nd s tud e nt body to address the vis it or s. Thi s ca n be a great opport unit y lo brin g r ecog nition to USD Law Sc hool. In ter es ted st ud e nt s are ur ged lo co nt ac t Li nd a Lancet, ABA LSD Repr ese nt at ive.

Further input is be in g s ought before a final Law School budget is pr ese nt ed lo the U niver s it y Budget Co mmittee St ud ents h ave bee n give n this opp o rtunit y at their r eq ue st. I hope a ll int e rested students have made their co ntribution s or s oon will lo thi s de licate s ubj ect

Second Year Day Candidate for President

I ha ve se r ve d on the Orientation. the ByLaw Revision. a nd the Student Facult y Relations Com mittees . L ast May . I r esur r ected and staffe d the S. F' .R .C. as an outlet for stu dent prob lems a nd a forum where stu de nt s h ave an equal share in formulating change in the sc ho o l. Thi s yea r th e S.F'. R .C. ha s take n th e lead not on ly in pr esent in g gr ieva nces, but in RESO LVI NG them . I co nducted a s umm er poll lo det e rm ine areas w hich n eeded th e Co mmittee's im· me di ate atte ntion Two such ar eas we re " blind exams" a nd grade di spa riti es. Th e S.F'.R.C. in co njun ct ion w ith ot her com · millees has r eso lved the form er a nd tak en affirmative act ion on the lat ter. We have also laid the groundwork for s tude nt determination of when to take seco nd ye ar r eq uir ed courses and w ith whom. I h ave pers ona ll y wo rk ed on a more r ea li stic class sta ndin g proposal to be pre s ented sho rtl y. Th e S.F'.R.C. reco g nized the importa n ce of ni g ht sc h oo l repre s entation and m oved quick ly to ac quir e IL

Andy Weiss

Second Year Day Candidate for President

Wake up , USD law st ud ents' 1 Compl a inin g abo ut a nd degrading our law sc hool w ill not he lp to improv e it. In stead , we s hould r ec ognize the pos iti ve aspe cts that ex ist here and st riv e lo r ea li ze what is s ti ll so vita ll y needed.

In the past yea r or so s ome s tud e nt s ha ve pu s hed for changes th at have been long overdue: th e abo liti on of blind exams , the eva lu at ion of prospective as we ll as pr ese ntl y employed professo rs , th e s tr e ngthening of the elec tive co ur se progr a m, a nd gr eate r st ud ent pa rtic ipation in co mmi ttees. We have found that our new a dmini stration is open to and inter es ted in our id eas.

Becaue of th is positive state of affairs , it is now so important for mor e or hopef ull y most s tudent s lo becom e in vo lved w ith our law sc hool. We s hould r ea liz e that ou r best asset is us, the st ud ents. It is probab ly true that a contin ued lack of conc e rn on our part is wh at wi ll pr eve nt our law sc hoo l from becomi ng a great one. It w ill not be our professors ' fau lt not the ad m instratio n' s. Certa inl y th e op · portunily is the re for USD , the fine st Jaw sc ho ol in our growing co mmunity, to become a great Jaw sc h ool.

What mor e can be done? There shou ld be a fu ll t im e placem e nt office for the law schoo l s upport ed by the Admini s tration and s taffed by s tud ents. A lph abe tica ll y a rranged class sections s hould be a bolish ed so that studen ts wou ld be free to choose th e ir courses and professo r s. Th e prob lem of grade di spar it y s hould be so lv ed a nd a pa ss- fail a lternative s hould become a r ea li ty. And the even in g s tudent s sho uld get the sa me cre dit va lu e for their mon ey as the day s tud en t s. And we must try to in crease th e e nrollm e nt or minority s tudent s.

As a former Evening- Di vis ion SBA rep · presentative , I appreciate the pli g ht of th e night st udent a nd the realities of st ud ent government. If elected, I w ill ac ti vel y pursue the pa rticip a tion of all s tud ents in an open ;t ud e nt government. If you care. we h ave ;omelhi ng in com mon I promi se lo wa ke you 1p USD law st ud ents.

Jerry Freeman

Second Year Day Candidate for President

In year s past it 's bee n ju s tifi a ble to utili ze r ec urrin g iss ues in pr es id ential campa igns at USO , i e, " do so methin g about blind exa ms" " what ca n be d one co nce rnin g lousy st ru ct ion ," "the fac ulty neve r li stens," a nd on and on. We ll , s om e thin g ha s been done. B lind a nd mix ed exa ms are a bo li shed· a comprehensive s tudent eva luat ion of in s tructi on has been in stit ut ed , s tud e nt opinion has b eco me releva nt in facult y deci s ions (al least so me). Yet major prob lems remain unr eso lve d. Most of th ese ha ve bee n the s ubj ec ts of past admm1slr al 1ons, but th ey s till confront the Stu d ent Bar Association in the coming yea r. Jn brief, the fo ll owing are what I see as the press in g iss u es:

1. Pass I Fail option for non-required courses.

2. Student select ion of instructors a fter the first year.

3. An end to the a ur a of fear f ir st-year st ud ents are s ubj ected to upon entering thi s law sc hool.

4. Abo li tion of the three-point clas s participation ru le.

One cou ld li st goa ls forever , eg, a new sc hoo l bui ldi ng , lo wer tuition , more and bet ter facult y. a nd yet every thing wo ul d st ill not be covered and not eve ry thing would be capable of a solution Th e above four goa ls are wh at l consider susceptib le to a just resolution as are other unkno wn items which w ill s impl y fall in the Pres ident 's lap during the coming yea r. F' or man y of th ese a sa mplin g of st udent o pini on is d esi r ed ra th er th an an ad hoc de ci sion. Wh en s uch a deci s ion is re quir ed by the c irc um sta nces. however. I int e nd to follow what I percei ve lo be th e majorit y s tud e nt d esi re. My qu a lifi cation s are as fo ll ows: B.A. Po li tica l Sc ience , 1970. Uni ve rs it y of Ca li fo rni a at Sa nt a Barbara ; Cha irm an. Academic Affiar s Comm ittee; s tudent me mb er on th e facu lty Advisory Co mm ittee to th e Dean on Teaching Eva luat ion. My work thi s past year m vo l ved sc he dulin g appra isa ls: po ll of California law sc hool d ea ns on pass fai l grading ; st ud en t op ini on po ll on blind and mixed exa ms ; st ud ent eva lu at ions of the facu lt y; and s tudent o ption in the c hoic e of in st ru cto r s.

Throughout the F'a ll I mad e m yse lf avai lab le lo hear your probl ems a nd ac t quickly for th e ir re sol ution. In a ddition to my com mitt ee wo rk I h ave in s titut ed a ty pin g course a nd re solve d th e tax re quireme nt de lm e ma fac in g s ec ti on 2A In eve ry in s tanc e I h ave foll owed my theo ry that w hil e anyone ca n phi losop hi ze abo ut impro ve me nt , ACTIONS GE T TH E .JOB DONE' - Ins titut e a Pa ss / F' a il opt ion up to 4 cre dits a se m es ter aft er th e fir st ye ar nol to in clud e re quir ed courses.

J s ubmit lo yo u a Pl a tf orm that is bo th amb iti ous and r ea li s ti c. With y our he lp . I pl ed ge my utm ost lo fu lfi ll it. Th e Plat. for111 is divid ed into thr ee pa rts:

I. TH E !"UNC TI ON OF' TH E S.B.A. -Offi cers ava ilable at a ll time s lo r espo nd imm ediately to th e d ay to d ay needs of th e m embers or the Assoc iation - 11ev ision or the pre-r eg is tratio n procedu re. -. co ntinu ed pr ess ur e on th e Adm_1111 st rall on to hire a fu ll tim e Placeme nt Directo r.

- Ex pa nd ed s tudent repr ese nt at io n to in c lu de ni g ht s tud e nt s on a ll c o111milt ees - S tud e nt input. on fa cu lt y te nur e.

- II. STUDENT HELAT IONS W ITH TH E

L EG AL CO MMUN IT Y ANO THE ALUMN I S tud e nt s mu st tak e an active ro le in improvi ng th e im age of o ur sc hoo l. We must per so na lly go into th e l. cgu l Comm uni ty ;ind pl'csc nl th e Sc hool as it is now , ra t.h er than as it has bee n. We arc also was tin g our gr eat.est. l' es ource . o ur Alu mni St ud ents 111u sl see k to

es tab li sh a nd so li dify alumn i sup port for th e Sc ho o l.

Ill. HE L/\TI ONS WITll Tl-I E UN I VE HS IT Y.

Th e tim e has co me fo r th e s tud e nt s of this

U ni ve rs it y lo cr ea te <1 fo rum wh ere co mm on prob lems ca n be r eso lved. I will a pp o inl th e Da y V.P. to such a co un c il in or de r to es t ab li sh unifi ed s tud e nt po s ition s 0 11 iss ues pr ese nt ed by the Admini s tr a tion

I h ave pro ve d my abail it y in b rin g AC TI ON for d es ired 1-1 /\NG E and I now ask for vour s upport. Th a nk yo u a nd pl ea se VOTE' · St atements continued on nex t page

Candidate's Statements ...

Jeff Chebegia

My name is Jeff Chebegia and I'm seeking the SBA pre si dency

Admitted ly, some of my motive s ha ve selfish origins, but in la rge part they stem from a belief that I am capable of contributing a wort hwhile e ffort to the respon sibi liti es associated with the position. I do not possess any peculiarly attractive governmental talents nor do I anticipate any s udden improvement in the near future , but the willingness lo pursue a better student government is there.

I think it' s apparent that a more meangingful rel at ion s hip among the administration, the SBA, and th e student body would significant ly contribute to a better schoo l environmenta nd isn't that what it 's a ll about ? A prime co nsiderat ion in e nhancing the ro le a nd th e performance of the SBA is st udent response.

How can the SBA r ea ll y be effective without s uffi cie nt r es pect , int er est. a nd s upp or t from th e s tudent body ? It can't - it would only te nd lo occupy a st atus which is remote from th e ver y thing which it is c reated lo serve. So ho w do you d eve lop a ' coming togeth e r"? S ea rch me. Stud e nt interest is tou gh lo leg isl ate, and, in many in s tan ces , indifference a ri ses from a general distaste for a ll types of governmental activity, re agardless of the circumsta nces

How ever, l think that with a comb ination of an a ggressive and e nthusiasti c s tudent government, a con ce rted effort, t.o involv e the st ud e nt body in it 's ac tivities, and a littl e lu ck, thing s might get better . I don 't profess lo know a ll th e problems or the answers, or , for that matt er, a ny of them , yet: but if you try it, you mi ght lik e it.

George Henderson Second Year Day Candidate for President

My fir sl prioril y as pr es id e nl would_ be Lo es tablish an e ff ective plac emenl se rvice for Lh e ben e fil of s lud e nl s as we ll as graduates

Thu s far Pres id e nt Hu gh es h as rejected all propo sa ls for th e hiring of a full-tim e plac eme nt office r. I be li eve that pr ess ur e co uld be exe rt ed which wo uld he lp him c han ge hi s mind Jn the m ea ntim e we s hould a ll ocate SBA fund s for the purpo se of hirin g a parttim e sec retary who cou ld be gin contact in g em pl oye r s. We cou ld also impr ove th e emplo yme nt s itu atio n by es tablishing clo se_r commu ni cat ions with the law s chool a lumni

Th e USO Attorney 's Ass ista nce prog ram is a great id ea thal nee ds to be mor e aggressive ly pursued. As an integral part of plac em ent. Attorney 's Assi sta nc e wi ll come to lif e.

Ot h er cha nges that I s upport ar e, the expansion of clinical education w ith funds other than SBA , and the establ ishm ent of a specia l ni g ht division s tudent faculty relation s com· mittee

Finall y. I be li eve that in order for this law sc hool lo ac hi eve it s real pot e nti a l. student opinion mu st be ta ken mor e ser iously Student s s hould ha ve an adviso ry rol e in a ll are as of admin is tr a tion espec ia ll y c urri c ulum a nd facult y hiring In oth er ar eas. a d ec ision r eg istered by a m ajor it y of st ud ents in a popular r efe re ndum s hould be conclu sive upon law sc hool and Univ ers it y poli cy. Examp l es are: t l l Sc h ed ulin g or se m es ter pe riod s -e.g. wh e th er to beg in the se m es ter in August or Se pt e mb er. (2) th e c hoi ce of gra din g systems - e.g. le tt er grad es. pa ss-fai l: or pa ss. low pass. hi gh pa ss. pass wit h ho nor s.

If I am elec ted I will see th at th e enti re s tud e nt body is polled prior to th e decision or each m ajor iss ue fac in g the SBA. Then l will do my best to see that thi s expression of s tud e nt opi nion is ado pt ed as po li cy.

Second Year Day Candidate for President

Steve Carrol

Second Year 0

Candidate for Vice President

Kathy Strickland

Second Year Day Candidate for Day Vice President

Frank Oswalt

Second Year Day Candidate for Day Vice President

" MY QUALIFICATIONS ": A.S.B. Vic e Preside nt in hi gh school. Li fetim e me mber of C.S.F. Graduated from U.C.S.B. in 1967 I se rved as an officer in th e Arm y from 1969 to 1971.

I co ns ider U1e offi ce or vi ce-pr es id e nt importa nt b eca use thi s offi ce is free of the exte rnal distractio ns im po sed on th e pr esi dent to a llow the vice- president to han dl e the co ncre te dai ly pro bl ems which detrac t. fro m s tude nt co mfor t a nd ac ademic e ffi cie ncy a nd contr ib ut e lo di sco nten t and poo r attit ud e to war d the sch oo l.

I feel the subj ects whi ch deserve U1e mos t a tt e nt ion ar e:

(1 ) to in s ur e the best study a tmosphere in t he library c urr ently used a nd es peci all y in the propose d libra ry

(2) to give US D Law Schoo l bett er expos ur e to the comm uni ty in order to enh ance its r ep u tation and sta nd in g as an inst itu tio n a nd a se rv ice to th e co mmunity of San Di ego.

(3) to p rovide be tt er coo rdination among S BA co mmittees a nd fa culty-student co mmi tt ees to pre vent ove rl ap a nd to ma ke impro v ement effo r ts more e ffic ient.

(4) To attempt a revival of pe ri od ic SB A Kegge rs wh ich we re a gr ea t opport uni ty to rela x. ra p with profe ssors and prov id e fo r a verbal release of fr us tr at ion s.

C5) To do any other ta sks req u ired by the pre si d ent.

(6) To be pr esent -in the SBA offi ce during non-c lass ho ur s as often a nd as lo ng as feas ib le to pr ovi de an ear fo r act ion.

(7) To gi ve more expos ur e to the intramur al activities to a ttempt to get them the fa cilities th ey n ee d and the s uppo rt they de se rve.

My serv i ce as vi ce -pres ide nt will be.. a co ntinuatio n of my po licies on the s tud ent Fac ul ty Relations Co m mi tt ee.

(1 ) PLACEMENT : This y ear job opportun iti es cam e to the Fin a nce & Placement Offic e without being di s closed to the s tud e nt s. Place men t mate ri a ls ne ed to be regul a rl y r ea d, dec iph ered and communica ted to the s tudents . I propose that the SBA establis h a st ud ent plac eme nt liaison to work regularly with the Fin a nce Office to e nsure that the incoming job opportunities a re communicated to the s tudent s through a week ly pl ace ment news letter

(2) ELECTIVES , I propose e limin ating re quired courses a fter th e first y ear Wh y s hould T ax be required while other bar cours es are not. Students do not need such admini s tra tive " protection " in this area

(3) PASS-FAIL: Let's work to get it impl eme nted this year. I propose permitting s tud ents to take a total of four -s ix credits on a pas s- fail basis during the last two years

(4) GRADES: The 3 point mean plan needs impl e mentation and strict s upervision by the Dea n's office There is no reason for fi ve and si x point di spa rities in the grade average in diffe rent sections of the sa me course

(5) NEW COURSE : I propose a Legal Writing Methods course to help prepare stud e nts for examinations and the BAR As editor of th e New s letter , I re g ularl y attended the SBA meetings The SBA aff e cted many changes thi s y ear , yet work lies ah ea d. Lets go & work together . Give a CARE!

"MY PLATFORM ANO SOME · THOUGHTS ABOUT THIS SCHOOL " INSTR UC TORS - Some ar e inc om pe te nt ; th ey s hould be re moved. Wh e th er t hi s· g roup h as te nur e or not, OUR e duc ati on s hould not be·sa crific ed. Oth er profe ss ors n ee d to l ea rn how to te ac h - kno wledge of th e Law w ill not ove rcom e poor teac hin g s kill s. Annu al works hop s mi ght be the answer - it cannot, howev e r, be left t.o their di scretion.

TUITION - IT IS TOO HIGH. Whether an ything can be done now is doubtful. I will admit I wa s s ome what ap a thetic when the subj e ct wa s fir st bro a ched , but I am incen sed at the Univers ity Adm in istration 's ta ctic s: The e xorbita nt initial propo sals were obviou sly a ru se to make a smaller tuition hik e seem a compromi se. I obje ct to the hike and I object to th e Ma chi ave lli an ta ctic s used to secure it ! If you object, vote for me! _

TESTING - Your fir st job res ts on your pe rform a nc e in Law S Choo l. Grade pariti es mu st be es ta blish ed - yo ur future need not and s hould not be c ontinge nt upon th e c apri c iou s g radin g of a few ren e&.a de professo rs.

JOB PL ACE MENT - Wh en was the l ast tim e you we re personall y coun se led about emplo y ment opportuniti es ? P ri or iti es ar e re vers ed wh en job re pl ace ment mer its " co ns id era tion " onl y w hil e th e building of U SD 's " Whit e House West " pro cee ds a pa ce. Vot e for me and I will add your obj ec tion to min e.

Steve

Parsons First Year Day Candidate for Day Vice President

The SBA h as man y va r ie d res pon s ibiliti es to its me mb ers. While th ey defy compl ete a rti c ul at ion in a brief a rti cle, th ey share on e co mm on as pe ct: ad vocacy Prim a ril y th e SBA should be most mte rested in pr omoting the ideas and making kn ow n th e ne eds of th e st udents. As a fir st y ea r SBA rep , I'v e s uccess full y re pr ese nt ed ?' Yclass mates in such ar eas as mi xe d a nd blind exa ms, bud ge t ( th e Hint z man fi asc o) and s tud ent e ff ort to wa rd s a law institu te Its my thought th at I ca n b es t tr ansla te my e fforts tow a rd th e sc hool in its e ntiret y as SBA Vice Pres ident, rath er than the pro v in cial nature_ of a cl ass rep. Our re lation s hip with the community a nd th e local bar ne ed prompt se riou s attention No on-going contact _with th e bar, or even our own a lumni is I con s ider th e effort ne eded to establi sh these relation s hips as being long ove rdue

em that SBA now faces is th e lack

................. ....... Parsons of continuity All of th e officers are gr a duating. Having s erved thi s ye ar as an exe cutive board member , I can prov id e th e e xperi e nc e and a bility nec e ss a ry The job provid es gr e at cha ll enge and I'm willing to ma ke the necessa ry

Statements continued on next page

Russell Miller

Second Year Day Candidate for Treasurer

Jeff Clontz Second Year Day Candidate for Treasurer

Th e office of SBA Treas ur er is a r espo nsibl e po s ition Th e r espo ns ibilit y is a tangibl e ite m; your mon ey. To put it s impl y, th e biggest r es ponsibi lit y is I.hat of sa feg uarding th at mon ey. The fund s that. make up the SBA ope rating budget h ave lo be co ll ected. co ntr oll e d. di str ibuted, and accounted for , a nd th e ca ndidat e yo u elec t lo pe rform th ese duti es sho uld be qualifi ed a nd r espo nsi ble

I be li eve l am qualifi ed. I know I am r espo ns ibl e. F'or a pe ri od of four yea rs I handled ver y la rg e sums of mon ey, most of it. unfortun ate ly. belongi ng to other peo pl e. I ca n do mor e tha n that her e!

You want mor e than a bookkeeper fo r th is· office. With a littl e effort a nd imagination th e office can be expa nded It. can be a loud re so unding vo ice. The treasurer is, above a ll an SBA officer. He atte nd s and participates in the SBA me etings. With some inpu t from yo u the st ud e nt. he can provid e an a dditional means for yo u lo express yo ur op ini ons

Jim Gillen First Year Day Candidate for Treasurer

Miller

An examin a tion of the office of Treasurer will reve al that the office requires the Treas urer to h ave a background in acco unting a nd reporting skills. In a ddition the ability to properl y represent the students is a ls o an import a nt function.

My goals while in office will be to see to f in ancia l a nd acco unting aspects of th e budget. Plus , I will give full support to the de ve lopme nt a nd maintenance of need ed st ud e nt act ivit ies.

I believe that I can give to the Treas urer 's office the ty pe of professionali sm that it demands My undergradua te major was in the field of man age ment. I have had one and oneha lf y ears of graduate stud y in the field of finance. Throughout my business e duc at ion , l have had man y acco un ting courses. Whi le in the U.S. Army , I served as Battalion Adjutant whi ch partl y entails the responsibility of ensur ing the proper flo w of administra t ive co rre spo ndence through t he chain of commands.

I feel that I am aware of the problem s of th e student bod y, and I am wi lling to repr esent the stu dent s if give n that opportunit y.

If elected. I propose to a ccompli sh the two objectives set forth above . I wi ll efficiently h an dle a nd sa feg uard yo ur mon ey, a nd attemp t to pro v ide yo u with an additional vo ice in st udent governme nt.

Freeman Second Year Day Candidate for Secretary

As sec retary of th e SBA my platform is one of c ommunic a tion. I hope lo in crease a nd fa c ilitate com muni cat ion bet wee n the va ri ous seg me nt s of th e law sc hoo l. Th e co mm uni ca lion b etween s tud e nt s and other s tud e nt s; be tw ee n fa c ult y and th e SBA; and be tw ee n the SBA a nd the s tud e nt s sho uld be impro ve d.

One of I.h e necessa ry point s of c ommunication , es pec ia ll y bet wee n th e s tud e nt s. is th e bu ll e tin boa rd s. i\t pr ese nt th e bu ll e tin board s are in a dep lorab le state a nd ve ry few ca n find noti ces of any importan ce. I int e nd t. o take pers onal r es pon s ibilit y for po li c in g th e board s and se t. up so me ra th er s impl e rul es for po s tin g of notic es. One such rul e wo uld be the r eq uir eme nt of a date of pos tin g and a ma ximum of t wo wee l<s or a month be for e rem ova l.

Th e oth er duti es of the sec retary are of co ur se also importa nt.. I will all.e nd a ll SB/\ m ee tin gs and re cord th e minut es, which wil l be m ade ava il ab le to all in le rq sted

I will work closely with I.h e pr es ide nt and ot her offic ers in ord er to kee p the s tud e nt s posted as lo what. th e SB/\ is engaged in and why.

Gillen

I won 't bore you with any e xa gge r ated state m en ts of my ow n self worth nor will I tire you with hackn eye d ca mp a ign c li ches What I will do though is lo can didl y in fo rm yo u of my intent ions whil e in office S in ce th e Tr eas ur er h as fair ly br oad exec u tive power s out s id e of his normai duties. I will u se them to the fu ll est to try and e nh ance I. he ph ys ica l and academic s urroundin g of the Sc hool. Initi a ll y. I w ill de vote my energies to esse nti al items. s uch as forcing the admini stra tion to improve the gross ly inad eq uate li g htin g sys t em no w in use in both Moor e Ha ll 's and th e Knight s of Columbus Librar y: seco ndl v I wi ll lobb y for adequat e loun ge a nd r ec r eat ional facilitie s to be includ ed in th e expan s ion of th e s chool in th e co min g semester. a nd until th ese faciliti es are pr ov id ed I \\'ill seek to ha ve the facu lt y loung e ope n to a IL I \\'ill al so recommend th e adopt ion of an eq uit ab le P ass- F'ai l gr adi ng sys tem to re pl ace our c urr e nt out-moded a nd arbit r arv svstem La s tl y. I will do a ll in my pow er to ass ist the admini s tration in findin g a lt e rn at ive re, ·enu e s ourc es ( Alumni Contribution s. F'oundation Gra nt s. St ate and F'ed e ral F'undin gl to financ e th e sc hool' s ex pan sion program. inst ea d of rely in g upon th e c urr e nt sys tem th at fo r ces rn u t.o foot th e bill for th e addition al e xp enses. bY m ea ns ol a yea rl y "1\vo Hundr ed Dol lar" increase in tuiti on. as now is th e case

freeman

Clontz

Robert

Dean Weckstein Discusses Future Plans For USO

By Rex Ga y In an int erview co ndu cted

by th e

awa rds It is hoped- that these fund s may be distributea by the e nd or the year. In lhe pa st, ce rtain awar ds often went unu sed. The Dean hopes to reme dy this imm e diat e ly

CLIN ICAL SEMESTER

Family Law

Essay Contest

\Voot

sac k. Dea n

Weckste

in outlin ed a numb er of signifi ca nt developme nt s on th e hori zon for th e sc hool. He feels co nfid ent th at as a r es ult of what he te rm ed his " fiv e ye ar pl an." Sa n Di ego a nd i.JSD will soo n boa st not onl y a goo d Jaw sc hoo l, but a "gr eat one."

Som e of the m ore imm e diate changes will include:

1\ LIBR /\H \' ADDITION

By Sept e mb er lst of thi s yea i·. th e Jaw library will be housed in what is now the Kni ght s of Columbu s Library, immedi ately to the east of the Law School. In cl ud ed in tJ1 e soo n to be r enovated fac ility wi ll be offices for Moot Court.

Law Rev iew Law In stitute a nd Clini cal Educatio n. Severa l new facu lt y offices will be a dd ed. as we ll as l eased fac ilities for Appellate Defender s.

More Ha ll will undergo an ex te nsi ve reallocation of space Two new classrooms wi ll be added on t he third floor , as we ll as four se min ar rooms a nd a large student lounge The faculty library will a lso be moved to the third flo or , leav ing a se min ar room in its present location

The first floor will undergo a s imilar transformation. Classroo m 1-B will be repl aced with a s itting room-dining ar ea. The WRI TS will be mo ved into the space now ro ughl y occupied by the Woolsack and c lini ca l offices. Th e Woo lsac k will mo ve to what is now the Moot Court Office Blue-prints al so call for two non -desi g nated st ud ent office areas on the first floor

The seco nd floor will remain s ub stant iall y the sam e. The target date for the re novation of More Hall is also September Ist. Th e Dea n ass ur ed us that the fund s ha ve been a ppro ved a nd building plans finalized. Work will begin as soo n as possi bl e.

T he Dea n fu rt her ex pr essed

Dean Weckstein

the hop e tha t within five yea rs , a dditions to the Knights of Co lumbu s Building wi ll e nabl e the Law School to move out of More Hall entirely , w hil e doubling current Library holdings For the time being , however , both buildings will be utilized FACULTY HIRING

Hoping to incre ase tota l enrollment, while at the same time reducing the studenlfaculty ratio , means , of course, that man y more facult y must be hir ed. By 1977 USO is expected to bo ast 37 full time as we ll as 20 part time facu l ty members teaching at the School of Law

Currentl y the facult y search committee has been conducting regular interviews with a numb er of "surprisingly qualified " candidates

The c urr ent faculty will, as of the date of our inter view , all be returning in one capac it y or a noth er, wit h the exception of a "visiting faculty member " who will be leaving PLACEME NT

The Dean has recommended to th e Uni versity Placement Co mmittee th at the Law School h ave a separate placement office He ha s requ e sted a 3k time position to begin the organization of such a service next yea r.

Moot Court Announces Spring Events

As the S prin g Seme s ter ge ts under way , the Moot Co urt p rog r am is con tinuing it s obj ec ti ves to pr ov id e th e Jaw stude nt with that fir st introduct ion to the j ob of an advocate

The fir st yea r cla ss is we ll int o moot co urt act ivities by v irtu e of re sea rching an d pr ep aring the l ega l bib liograp hy a pp e ll ate bri efs. Th e prob lems selected for t hi s year we re pr epared a nd dr a fted by va ri ous me mb ers of the App e ll ate Moot Co urt Boar d who se r ve as in s tru ctors for the l ega l bib li ogra ph y program

Oral pr ese ntation s w ill be comp leted pri or to Ea ster vaca tion Du e to a r ece nt rulin g by th e Co unty of Sa n Diego , cou rth ouse fac iliti es will not be ava il ah le for the ora l pr ese ntation s bu t w ill be held at US O in s tead . ,Jud ges will in c lud e pr ac ti c in g atto rn eys, fac ult y memb ers a nd gra duatin g se niors.

In th e ar ea of m ool co ur l co mp etiti ons, th e St. Thom as Mor e Co mp e titi on is sc he du led for F'ebr u ary 28 lh at lhe Co unt y Co urthou s e, Pal

Apparently , however , Dr Hugh es, pr es ident of the Univers i ty , h as expressed so me doubt as to whet her a ll aspects of law pl ace ment need be ha ndled by the Law School a lon e. Has asked the Committee to study the problem a nd mak e recommendation s.

SCHOLARSHIPS

Although no final decision has yel been made , the Dean ex pressed the desire that all scho lar ships , including those traditionally awarded to indi v idu als who ha ve won po s itions in the SBA , Law Revie w etc ., be dispersed on the basis of " need a nd merit." This method would be " more defensible " in the eyes of the Dean and certain of his fac ult y s upporters Dean Weckstein did , however , ad mit that the fact that a student had accepte d the responsibilities of a position s uch as editor of the La w Re view wo uld undoubtedl y be considered in a liberal inter pretation of merit.

Further, Dean Philbin ha s been as ked to prepare a list of a ll una wa rded funds made avai lable to the Law School for scho larship use by communit y organizat ion s, as we ll as a li st of all those students whose record s show that the y are a ccade mically e li gible for suc h

The Law School ha s applied for Federa l funding in order to conduct a cli nic al se m este r at USD The progr am, how ever, has nol yet obtained fa c ulty a pproval. Budget slashes by Pres ident Nixon may also ha ve an adverse e ff ect on the Law School's chances

On the ot her ha nd , the sc hoo l has hir ed a second director for the clinical program Coincidentally thi s individual was in st rument al in the institution of a Clini cal Semes ter program at the Uni ve rs ity of Co nnecticut , wh ere De an Weckstein had been a faculty member.

GRADES

Much has been said recently about the disparities betw ee n individual professo r' s grades. The Dean assured us that he r ecognizes the probl em and would hope that the faculty give serious consideration to th e var iou s proposa ls currently afoot. The Dean him se lf h as recommended a limited passfail system, whereby a s tudent would h ave th e option of taking a certain numb er of units during hi s years at t he Law Schoo l on a pass-fa il basis.

LOCAL BAR RELATIONS

Much is being done to increase con ta ct bet ween th e local Bar Assoc iation and the Law School. The Pres ident of the Bar Association for the first time ha s invited st ud ents to sit on the various committees of the Bar. Those interested s hould contact Mike Udkovich at the SB A offices

ALUMNI

USO Law Alumni ha ve shown an increasing interest of late in the affairs of the Law School. The y have revived their Trust Fund Drive a nd set a 10,000 g oal for it ne xt year. It is li kel y that the school wo uld be awarded th e incom e from the fund for s uch things as lib rary and ba sic plant improve ments.

Second and third ye ar law st udent s have until April 16 to e nt er the How a rd I. Sc hw ab Memorial Award Essay Contest in the field of fami ly law

The co nt est is spo nsored by the American Bar As soc iati on' s Family Law Section in cooperation with the Toledo and Ohio Bar Association s. Co nt esta nt s ma y wri te on any as pect of family la w. S ugge sted length is about 3,000 words. Essays which have been or a re sc hedul ed to be published are in eligibl e for cons ideration

First , seco nd a nd thi rd pl ace w inners wi ll re cei ve cas h awards of $500 , $300 a nd $200 r espectively. The winners will be annou nc ed and th e prizes awa rded during th e Famil y Law Section 's 19 73 annual meeting next August in Washington , D.C.

The contest is intended to create a greater interest in the field of fam il y la w among U.S law students , particul a rly members of the ABA Law Student Divi s ion. All second a nd third yea r students enrolled in ABA-approved la w sc hool s are eligible Law students who wish to enter the contest should request an entry form from: Division of Lega l Prac tic e and Education , Howard C. Schwab Memorial Award Es say Contest , ABA Section of Famil y Law , American Bar Ce nter , 1155 East 60th St ., Chicago , Ill. 60637

Book Review : Law Merchants

Middle Age Press

Around $43.95

By Steve Hooper

With the public atio n of his most recent book , The Hi story a nd Deve lopment of th e Law Merchant Dr C. B. Wi se has added sign ifi ca ntl y to o ur under sta ndin g of the ea rl y ages of co mmerci al law Law merchant s we re first r ec ord ed in Eng l and in th e 5t h ce ntur y and ear ly legen d has it that there were law merchants in the court of Kin g Ar Urn r.

E llison , co-ord in ato r of th e co mp et ition indi ca t es that a lm ost 20 tea ms h ave signed up to pa rti c ip ate thi s year. The St. Thoma s More is th e o ldes t a nd bigge st moot co urt co mpe titi on in lh e Sta te.

The top two teams of th e co mp e tition wi ll ha ve a run -o ff to d ete rmin e th e bes t tea m.

Thi s w ill be he ld on Monda y, Marc h ot h at 2 p.m . be for e th e Dis tri ct Co urt of App ea l in th e S tate Buildin g on F'ront S tr ee t in Sa n Di ego.

Th e s ubj ec t for thi s yea r 's co mp e tition w ill be a land u.se r eg ulat ion a nd c ontro l. Whil e t hi s is ce rt a inl y a c hang e from th e subj ect ma tt er of pr ev iou s yea r s, th e s ubj e ct of la nd co ntr ol illu stra t es th e pr ob lems fac in g Ca li forn ia's environ eme nta l e ff or ts today Th e Boa rd is s ur e th at thi s land use co mp e tit ion wi ll be as success ful a nd r ewa rdin g as pr ev ious yea r s' com pe titi ons invol ving c rimin al Jaw

In th e c rimina l ar ea, USO was in vited to se nd a tea m t.o th e So uth e rn Ca lif o rni a Reg iona l Moot Court Co mpetiti on where a c rimin al law

Second year s tudents representin g USO

a nd pr oce dur e qu es tion will be argued. Thi s is th e fir st year th at. USO has bee n in vited to parti c ip ate in the co mp el it.i on s in ce. in pr e viou s yea r s. onl y Lo s Ange les sc hool s were r ep r ese nt ed.

A tea m of seco nd ye ar s tud e nt s was se lec ted by th e Moot Court Boa rd . foll ow in g an int erview, to r ep r ese nt US O in L.A. on Pe bru ary tu a nd 17th Th ese s tud e nt s are Mik e Wi ckam. Mik e S mith , .J oe Chir ra a nd Ga ry Ge lfand Also pr e pari ng for r eg ion al co mp e titi ons at. thi s tim e is th e Int e rn a ti o nal Jaw te am co mpo se d or Ro n Bir d, Herb ,!\'J ichel, .J an Poga li es, a nd Bill

S ink who are a ll seco nd ye ar s tud e nt s. Th e prob lem thi s yea r in vol ves a fis hin g ri ght s' di s pute ques t.ion Th e r eg ional comp e titi on wi ll be held at th e Uni ve rs it y or Or ego n on Mar ch

2:1 a nd 24 th Anoth er t ea m pr ese ntl y pr e par in g fo r a r eg io nal compe titi on in c lu d es Di ck Haden. Pa t Hu gh es and Ka th y Maas wh o wer e chose n last se m es ter to re pr ese nt USD at t.h e R eg ional Law Off i ce Comp e titi on whi ch will be he ld at th e e nd or Mar ch.

Final ly. th e Mo ot Co urt Boa rd wi ll int erview ca n· did ates for th e 1973-74 Boa rd s ometime in March or Ap ril.

The impor ta nce of th e law mercha nt to both th e common law a nd the civil law was due to th e fact th at int ernatio n al trade dem a nded co mp ete nt negotiat ors a nd j ud ges for se ttlin g di s pute s. Th e law merchant fun c tion ed mu ch lik e the pr ese nt day arbitr ato rbusi ness men wit h a di s put e wo uld pr ese nt the ir case before a law mercha nt : he wou ld app ly co mm ercial rul es fo und ge nera ll y thro ughout Europe Hi s fee wo ul d be a perce nt age of the a mount in di s put e a nd wo uld be pa id by the pr evai lin g pa rt y. F ees fo r se r vices as a negotiator wo uld be pa id by both pa rti es w it h half co min g fr om eac h.

Law merch ant s had no power to en fo r ce th e ir dec r ees: however. th e g uil d sys tem of w hi ch th ey were a part ope rat ed so th at fa ilur e to co mply with th e dec ision wo ul d le ad to co mm ercial disaster Beca use of th e ir im po r tanc e to th e E urop ea n t rade s tru ctur e. th e Jaw mercha nt s ·were able to trav el fr ee ly thro ughout th e Co ntin e nt Their k ey co ntr ibuti on was the stab ilit v they gave to Eu ropea n law m1d trad e. Mu ch of th e lmv th ey deve loped is found today in th e Unifo rm Co mm ercial Co de.

J.B.M. Selected As Assistant Dean; Reveals Little Known Facts

After an exhaustive search by U1 e Law School Exhaustive Searc h Committee , Mr. J. Be rn a rd Mouse ha s been sele c ted to fill the newly cr eated position of Assistant Dean or Disclaimers.

Thi s position has been recent Iv created by the Adminisll a lion to relieve our a lread y overburdened faculty of the - heavy burdens placed upon th em by the irresponsi bility of our irresponsible students.

Mr. M• Jse, a 3d year early aftern oon student , was interview t j in his plush gradu ate student apartment overlook ing sce nic Linda Vista by the : ck's Ace Reporter , Dick th e Arab.

Q.: Mo use , why do you t hink that the Administration fe ll a nee d for t hi s position

Mouse: It 's the St udent s.

Q.: Just what do yoij mean by the student'

Mo use: What I mean by the Students , are those individuals in thi s institution who lack the fundamental ability to grasp the funamen t als of Jaw.

Q.: Fundamentals ?

Mouse: Yes You understand attending class , sitting in your assigne d seat , parking in the designated area , bussing your table , wearing shoes , and - and abiding by the HONOR CO DE

Q.: Honor Code!?! You mean -you mean cheating on exams ?

Mouse: No , No , No , worse than that-students in this law school have been kno wn to fail to observe common courtesies of the librar y - talking , leavi ng books strewn about , and eve n failing to lave sus manos! ! !!

Q .: Not even Jave sus manos! ! !???

Mouse: Hard to believe , but this sort of conduct and lack of respect on the part of the students actually exists. As can be seen, the Administration had no choice but to respond appropriately.

Q. : Yes Mr. Mouse , in light of the atrocities you · have outlined , it is obvious tha t. our responsive Administration would respond. However , I don 't quite understand the title

of the position - Assistant Dean of Disclaimers? Would you please elaborate on that for our readers.

Mouse: Certainly Dick. As a law student , you surely understand the concept of disclaimer. You know , as in warranty of merc hantability , fitness for a particular purpose , warranty of title, and and Oh 'Yes! UCC 2313.

Q. : Oh Yeah. Right.

Mouse: Good. Good , I'm glad that you are following me. Bear with me. ' Due to the continuing flaunting of the aforementioned fundamental precepts of quality education and to prevent these badapples from adversely affecting the barrel.

Q.: Yes, yes, I understand

Mo us : e ff acac iou s wa iv ers of all warr a nti es, express ed or impli ed. on th e part of th e a dministra tion are needed yo u see . a disclaimer'

Q.: I see And your fun ctio n?

Mouse : My function? Well, in all humility , the admini stration felt that I, well I. how can I explain it? I attend class , par k in the designated a rea , put books back on the shelfs I, well , I lave sus ma nos!

Q. : Yes Mr. Mouse , I know from your re putat ion that you are more than qualified to hold an administrative position at USD.

Mous e: Thank you Dick you can call me Bernie

Q.: OK Bernie, I was more interested in your function than your qualifications.

Mouse : Oh I see Dick , my function. Well , as I see it , I am to supply the already overburdened faculty with disclaimers of their responsibiility. I have a few here with me , would you like to see one of them?

(See Bo x)

CALPIRG Projects Continue

By Corky Wharton

de rtaken and on others that will be started in th e future The following is a list of projects already begun and' those th at are being contemplated for the futur e.

CALPIRG PROJECTS: As of 2/10/73

1. Food Price Comparison : Coo rdi nator - Steve BraultUCSD Approximately 109 volunteers are comparing prices of similar items at 73 San Diego food stores. Results will be computer tabulated and wide media coverage and exposure is expected. The results should be released on February 20 or 21st.

2. Auto Repair Investigation : Coordinator - Bob Thoma s USO Law Donated autos are completely inspected , then fixed with a specific ailment and brought to local repair facilities. Procedures of repair facilities are checked for compliance with the Auto Repair Act and other violations. Detailed evidence is gathered for possible future prosecutions or lega l action. Drivers and autos are still need ed to complete thi s project. Anyone inter es ted in coordinating this project should contact CALPIRG.

As a pu blic service to the faculty stu dents and administration of th e Law School the following form has been devise d as a multi-purpose dis claimer .This one 'is free; however, all other orders are t aken in lots of one hun dred or more p er fa cu lty member. No pooling allowed by faculty to attain minimum allowable order; Honor Code enforced.

I, · confess to being an irr espo ns ibl e s tud e nt in , whi ch is taught by Professor _____________

Because of my inability to ap pr ec iate th e spo nt a ni ety a nd int er es tmg aspects of t hi s class I hav e b ee n ab se nt from:

(c h ec k one)

__ 50%

__ 75% __ 100%

of cl asses I furth er rel ease Professor for any r es pon s ibilit.y for my impud e nt co ndu ct. I r ea li ze tha t throu gh my st up1d1ty and .na1v1te I have severe ly je opardiz ed my chan ces o f' passmg the exa mm at ion.

(s ign ed)

CAL

PIRG

(Ca lifornia Public Interest Research Group) is an entirely student-funded and student controlled organization. Funding mechanisms vary at the different member schools. At USD Law School and at USD undergraduate school each student paid $2 at registr a tion , and refunds were ava ilable for four weeks to any student who requested it. Only 15 per ce nt have requested refunds.

Other member schools depend on grants from student organizations or voluntar y donation s. UCSD a llo cated $3 ,600 to CALPIRG for the current academic yea r. Efforts will be mad e to put a ll m embe r schools on th e refundabl e fee system by next September. In thi s wa y a fairl y sta bl e s ource of in come will be in s ur ed, a nd CALP IR G will be a bl e to hir e a ttorne ys, re sea rch ers a nd sc ie nti sts lo wor k full tim e on a yea r a round basi s.

Up to no w, Ca lpir g has not. had a re li a bl e sco ur ce of inco m e, a nd has bee n operating on vo lunt ary co n tr ibuti ons from s tud e nt s of ot her sc hool s and the money fr om UCSD. There is now one full lim e pa id e mplo yee of CALP !R G who r ece ives $100 a wee k. All ot her work ers are vo lun t ee rs co nsis tin g of s tud e nt s, in te r es ted profess ionals, a nd co nce rn ed c iti ze ns of Sa n Di ego. T hi s fr ees the r est or CALP IR G's fund s for oth er purpo ses.

CALPIRG re nt s offi ce space from /\ dvo catcs of San Die go fo r $50 per month Offi ce equipm e nt a nd s uppli es have a lr ea dy bee n pu rch ased with fund s fr om UCSD

Exactly h ow the mon ey co ll ecte d at USO Law Sc hoo l will be used is a m atte r t.o be dec id ed by th e st ud e nt s at USO and by th e rng ional boa rd or CA LPIRG. Mos t. of t hi s money will . be used fo r fundin g th e va nous proj ec ts th at C/\LP !R G has a lr ea dy un -

3. Women 's Cr edit Investigation: Working in cooperation wit h N .O. W., CALP IRG will solicit compl a ints of discrimination in granting credit to women. After compiling thi s data , action w ill be taken accordi ng to the severity and nature of the discrimina tion un covered. Questionnaires w ill be publi s hed in l oca l n ews pape r s, a ll co ll ege n ewspap ers, a nd di s tribut ed throughout San Diego.

4. Con s umer Fra ud in Advertisings: Coord in ator - Pa ul Kluth e . On go in g project in which in vestigation s are mad e of advertising th at is false or mi slead in g. City aut hori ties handle an y lega l act ion necessa r y.

5. " Morn in g After Pill " s tud y and in v est i gatio n: CALP!RG w ill check co ll ege dispen sa ry pro ce dur es fo r disp ens in g this pill w hi ch contain s the p oss ibly da ng erous estroge n DES. Res ult s w ill be co mpil ed and forw a rd ed lo m ed ica l author iti es. Coo rdin ators a nd in ves ti ga tor s are needed for thi s proj ect.

Severa l more pr ojec ts ar• in th e wo rk s. a nd an yo ne ,v ith any sugges t.ion s or who has proj ec ts he wo uld lik e to do is en co ur age d to co nt act CA LPIRG.

The bi ggest proj ec t of th e co min g se m es ter is to have the re fundabl e fee m ec ha ni sm in st itut ed al th e pu b li cly fund ed co ll eges a nd uni ve rs iti es. Or ga ni zin g is und er way in 1iort he rn Ca li fo rni a. and if su ccess ful. CA LPIHG wi ll hav e statew ide s tud e nt sa ncti on when it. goes before the Rege nt s of the Uni ve rs it y or Ca lifornia.

CALP IR G is grow in g a nd will co ntinu e to gro w. It s till nee ds more la w s tud e nt s to take an ac ti ve part in le ad in g it towa rd s its goa l. Anyo ne int. cr es ted in CA LPIR G is as ked lo a tt end the m ee tin gs th at wi ll be pos ted.

'l'h e CA LP!R G o rri ce is located at

Typing Course

Underway

An unusual st udent e nd ea vor by Steven Da il. ch. 2-D,_has led t.o the offe rin g of a umq ue nocredit. co urse des igned lo gi ve s tud ent s th e confid ence a nd a bilit y to ty pe th eir law sc hoo l exams and ul tim ately the bar.

The sta ti stica l study condu cte d last ye ar indicat ed that s tud ents wh o typed th e ir exa mi na tion s r ece iv ed s ign ifi ca ntl y higher gra d es for so me professo r s. When t hi s in fo rm a ti on is co mbi ned wit.h th e co mm e nt s of Mr Pa ul Pete r so n fr om the Com mittee of Bar Ex a min ers to I.he eff ec t tliat hi s grad es we nt up after he star ted ty ping, it wo ul d be we ll for the law s tud e nt co mm unit y to closely watch this co u rse a nd the pr ogress of its gr a du ates

The course was or gan ize d by Steven Da itc h a nd is ta ught by Mrs Nai da Chri st man on Tuesday eve nin gs from 8-9 p.m. in R oo m I -A. St ud ents ma y re ma in un t il 10 p.m. to type a nd elect ri c ty pew ri ters ma y be used. Th ere ar e onl y two' r equi rements : I) st ud e nts mu st pr ovide the ir ow n ty pewr iters an d paper; 2) the re is a SIO fee Th ere is st ill r oo m for mo re st uden ts a nd it is not to o late to a ppl y. Inte re s ted st udents sho uld contac t Steven Daitc h or Mrs. Na id a Chri stma n.

As id e from the law- rel ate d ty ping dr ill s prepared by Mrs. Chri st man, severa l pr ofessors h ave agreed to su bmi t que st ions fo r st ud ents to wo rk on. These are Pro fe sso rs Philbin. W. Ve lm an, S. Ve lman , Win t er s, D ar b y, Ke rig , Forko sc h, Ly nch , and Ke ll y. Add it iona ll y, Chri s Savage fr om the Moot Cour t Boa rd ha s agree d to s ubmit probl em s. Professo rs Roche , Bratto n, Alexan der, a nd Ke ll ehe r have agr eed to s ub m it questions a nd to c ri ti qu e st ud e nt a nswe rs as to wri t ing sty le. In the fu tu re th is co ur se m ay bec ome the se m i-offic ial USD wri ting co urse.

Limericks For Lawyers

Th e WOO LSA CK "is indebted to Prof essor Rob ert Sim mo ns , a candidate f or the law sc hoo l poet laureate award, fo r his subm ission of the ve1·se prin ted below Pmfessor Si mmons rep orts that these selectio n.• were prepared in co nn ectio n w ith a trial techniqu es co urse.

Jury Selection:

An unc tuo us _!awye 1• nam ed Qu ick Bega n his vo1r dire ve ry slic k.

He smiled, sy rup ed and fawned 'T il a male j uror ya wned

And a ll ow ed it wa s makin g hi m sic k.

A loq u ac ious youn g la wy er n amed Bl a bb ers kit Bega n hi s vo ir dire a nd just wo ul dn't qu it. When he fina ll y fo re bore Th e ju ror s a ll s wor e That th ey n ow had a bias and sh ou ldn 't sit.

Opening Statement:

A pr a ttl in g lawye r na med Pr anc e Lea ves nothi ng what e ver to chan ce.

He s pews fa cts and law

With a pis to n-lik e jaw

Pu tt ing everyon e in to a tra nce

A pedan tic yo u ng lawye r n am ed Fissio n

Re ad s e ac h word of hi s 5 page pe ti ti on.

He mis se s hi s ai m

By bury in g his claim ;

But he's pro ud of his va st e rud ition.

Plaintiff's Case:

A lan goro us l aw ye r named S ho rt Wo ul dn 't d ream of prepar ing for Co u rt.

Hi s que s tio ns at tr ia l

A ll mi ss by a m il e.

He 's in Co ntract - the case is in To r t.

An eloq u ent l aw yer named Gru i te d

Is s uperb at su mm atio n, 'Ti s brui te d.

It's a sh ame th at he's l ax

At gat h ering facts ,

For hi s c li ent is al ways no n-s ui te d.

Defendant's Case :

A be lli ge re nt lawye r n amed Ben di x

Bu lli es , brow -b eats a nd pl ai n ti ff-pr icks.

Hi s p ass io nate fu ror s

De li ght th e ins ur ers

'Ti ll th ey lea rn the si ze of th e verd icts.

A co ntrary la wye r named Perry F li ng

Will never adm it to any thin g.

In hi s fi ght ove r t rifl es

He usua ll y sti fl es

Any hope of his c li e nt in win ni ng.

The s tatistical analysis re pr od u ced belo w w as compi led by the staff of the Cal. Western L aw Sc hool ne w spaper, CO MMEN TAR Y. The 16 schools lis ted bel ow are the only Ca lifornia law schools which have been accre d itat ed by eit her the Am e rican A ss ocfo tion of Law Schools, the Ame'ric an Bar A sso ciati on , or the California Committee of B ar E xaminers Th e firs t seve n schools lis ted _concluc t full,,.time day programs of ins truct ion only. T he rem ainin g nine have either full or part-time instruc tion, or con duct clas ses ex clusively at nig h t.

DAY SC HOOLS #APPLICA N TS DURI NG 1972

UC BERKELEY 5602 (21-1)

UC DAV IS 2200 112 -11

UCLA 3060 (10-1)

u.s.c. 2500 (14-1)

STA NFORD 4000 ( 25-1)

HASTING S 5187 (10 -1)

CAL WESTERN 2250 (12 -1)

DAY,NIGHT SC H OOLS 1852-Doy (7.5-1)

LOYOLA 748 -Nigh

Closing Argument:

A veheme nt lawy er named Ben adeux

Declares to the ju ry wh at th ey mu st do.

Hi s insistent deman ds

Are pers uas ive co mm and s

To the c li ent, hi s wi fe and Ben adea ux.

A forg e tful la wye r na med Fa i rly

Never qu otes th e ev i de nce squarely. His er ror s so wi de

A lw ays favor hi s side. But the jury favors him ra rely.

UNIVERSITY OF SAN DIEGO SCHOOL ON LAW law and the Humanities

First Annual Inter-disciplinary lecture Series

Chairman : Professor Morris D". Forkosch

Feb 22 Prof. Javad Emami

" The McNaughten-Durham Situation Today"

Mar 1 Prof. Raymond Ryland

"Objective Values and the law"

Mar . 8 Prof Lola Romanucci - Ross

"Violence, Conflict & Morality "

Mar. 15 Prof. John Chambers

" The Just Political Act"

Mar. 21 Prof. W.H Koppelman

"Law and Marxism "

Mar. 28 Prof. Richard Funston

"Does Behavio r alism Offer a a Haven for the Law?

Mar 29 Prof . F. P. Deutsch

" The Peace Officer's legal Environment"

Apr . 5 Prof Herbert Stern

"A Hopeful AdventureA Dangerous Romance "

Apr. 12 Prof Gene Tipton

" Economic Effects of Wage & Price Controls "

Apr 19 Prof Dona ld 0. Dewey

" Madison 's Notes of the Debates : Telling it like it was ."

Apr. 26 Prof. Harry Scheiber

" Public Rights & Private Property : law & Economic History "

Phoenix Center for Pshchology

USO - Religion

UCSD Mu ir CollegeAn t hropology

USO - History

Cal State-SD Phil-Econ-Pol.Sci.

Cal State I-SD

S. O. MIRA MAR College

UCSD -Bio logy

Cal State U- LA Economics

Cal State U-LA

UCSD -l egal His to ry

NOTE : THE PARTICIPANTS , DRAWN FROM THE FI ELDS DF THE HUMANITIES , Will DISCLOSE TH E INT ERREL AT IO NSHIP OF THEIR DISCIPLINES , ESPECIALLY INSO FAR l\ S TH E LA W IS CONCERNED

Browning, Alioto To Speak

By Tom Ragland

Now that the Spring Semester is well under way , it is time to announce for Phi Alpha Delta what promises to be a full sc hedule of activities for the upcoming months. Hopefully , it will prove enjoyable and rewarding for the entire student bod y as well as our members

On February 20th a " Blood Drawing " will be held to create a fund for all students , faculty , and administration. Thi s fund will be avai l able for all members of the immediate, famil y of the groups that make up the School of La w. In order to ha ve a successful creation of this proj ect , a minimum of 100 donors will be needed , so it is incumbent upon everyone who poss ibl y ca n to donate for such a worthwhile cause The dra wing will be from 9:00 a.m. to.1:00 p.m. in room 1-B

Two noted person s are scheduled to appear in More Hall in the next month - Judge Browning of the Ninth Circ uit Co urt , on March 9th at noon , and Mayor Josep h Ali oto of San Francisco, on March 14th at noon. Both men a re extremely int eresting spea ker s.

Jim Dobbin will be posting an anno uncement of speake rs for hi s Breakfast Speakers Program. Presently it is p1annea to run !'or eig ht Saturdays, starting on Febru ary 17th All student s are invited lo a ttend as these affairs are informal and also extremely informative insofar as the practical aspects of legal practice are concerned.

On March 10th representativ es of the Department of Immigration and Natura li zation wi ll present a seminar on " Immigr a tion Law" from 9: 00 a.m. until noon in room 2-B. Coflee and donuts will be served.

Phi Alph a Delta will welcome new members during the fir st two week s of March. All presently enrolled students are invited to join , and there will be a number of activities a nnounced in the near future at which lime any interested students can meet the present members.

University of San Diego School of Law

LEGAL RESEARCH SERVICE

Students ar e available to aid attorneys in preparation and rese arch of:

MOTIONS BRIEFS PLEADINGS

MEMOS ON SPECIAL LEGAL ISSUES

Call Assistant D ea n Edward Philbin at: ; 291·0258

Spon sore d by us'o Schoo l of Law

$3.00/ hour

*Women's Credit Alert *Women's Credit Alert *

Women's credit has been chosen one of the year's l argest projects by CALPIRG NOW (National Organization for Women) and CALPIRG are now working jointly on this issue, and much help is needed from both men and women who can supply instances of credit discrimination.

There are many types of cred it discrimination:

1) R efusal by a store or company to grant credit to a divorced or separated woman.

2) Refusal to grant credit to a married woman based on her own credit references , and without her husband's co-signature.

3) Cancellation of a woman's credit when she remarries, forcing her to adopt her husband 's credit and to los e her own.

4) Refusal by a lendin g institution to co nsid er a woman's earn in gs on an equal par with tho se of her spouse, especia ll y if she is of"'c hildbearing age " (puberty to 50).

5) Refusal by utility companies to recognize a woman's ea nings.

At present, utility companies carry all accounts in the man's name , automaticall y. T hi s leave s the woman without credit, even if her earnings pay all or part of the joint bill.

NOW and CALPIRG will join together to research and i solate these problems , and brin g about so lu tions. But first we need documentation of discrimination Anyone havin g complaints or questions , contact CALPI RG , 1660 India St. , San Diego , 92101 - 236-1509.

ATTENTION SENIORS:

• A $25.00 late filing fee must accompany an application sent after March 23, and before April 6

• A $100.00 late filing fee must accompany an application sent after April 9, and before June 14

•No applications will be accepted after June 14

•Applicants planning to type the exam must pay an additional fee of $7.50

•Applications may be acquired in the Records and Admissions office of More Hall