Issuu

PROF. SETARO: A CONCEPT OF JUSTICE ON PAGE 3

THE AWARD WINNING STUDENT NEWSPAPER OF NEW YORK LAW SCHOOL AFFILIATED WITH PACE COLLEGE VOLUME II, NUMBER 6

PUBLISHED JOINTLY BY THE STUDENT BAR ASSOCIATION AND PHI DELTA PHI COPYRIGHT, EQUITAS, NEW YORK LAW SCHOOL, MAY, 1971

TUESDAY, MAY 11, 1971

Students Vote New SBA Officers Into Action For Coming Year By PHIL KENNEY

Newly elected SBA officers: (L to R) Al Waldon, LSD Representative; Frank Graves, Secretary; Marshall Lippman, President; Michael Weber, Vice President; and Vincent D'Elia, Treasurer.

vanden-Heuvel;

Lieberman Address Law School Class Mr. William F. J>anden Heul'el, Chairman of the New York City Board of Corrections, is a graduate of Cornell Law School whae he was editor-inchiej' of the law reriew. He serl'ed as an assistant to f'/illiam Donavan, Ambassador to South East Asia; special counsel to Governor Herriman; Assistant United States Attorney under Robert F. Kennedy; and was Vice-president of the New York Constitutional Convention in 1967. "Our correction system is a shuttle to oblivion." This honest description, put forth by William F. vanden Heuvel at a lecture sponsored by the Administration of Criminal Justice course, was a candid indictment of the system he is so desperately trying to im prove. "Attitude is the most important thing in the prisons", he said, "If you treat a man like you think he is, he will be that. If you treat him like you would like him to be, he will be that, also." In October 1970, when Mr. CONTINUED ON PAGE TWEL.VE

Joel Lieberman is a graduate Hunter College and St. Johns Law School where he was a member of the Law Review. Upon graduation from law schooi, he taught Business Law at Francis Lewis High School for two years before becoming an associate in the law firm of Herzfeld and Rubin. Mr. Lieberman actively practiced law for two years until joining the staff of the Vera Institute of Justice. He was made Associate Director of Vera in 1969, and became Director in June of the following year.

At the invitation of Professors Koeffler and Dugan, Joel Lieberman, project director of the Vera Institute of Justice Bronx Sentencing Project, addressed the Administration of Criminal Justice class at New York Law School. After discussing the history of the Vera Foundation, the guest speaker stressed various projects of Vera in recent years. Mentioning both the R.0.R. Project and the ManhattaP Project, Mr. Lieberman noted CONTINUED ON PAG:c EIGHT

In an election which can be described as traditional, New York Law School students elected 1 second year night division stujent, Marshall Lippman, to be the Student Bar Association ;sBA) president for 1971-1972. Mike Weber, who received 39 fewer votes than Mr. Lippman succeeded to the office of vice president. Mr. Lippman ran a low-profile campaign preferring to stick close to conservative estimates of his and the SBA's capabilities. Both Mr. Weber and Don Secunda were more dynamic in their rhetoric both blasting away at what they termed the "don't look at me-my hands are tied" policy of Dean Rafalko. Mr. Lippman's strength was in the night division where, an official source indicated, he was a three to one favorite. Mike Weber succeeds to the vice presidency by reason of constitutional default although the 148 votes he received indicates a substantial source of strength especially in the day school. The reason for the default is a constitutional provision which mandates that the vice presidency must be filled by a student from the opposite division to that of the president. Since both Marshall Lippman and Don Secunda are from the night division Mike Weber is the constitutional mandate for vice president. Vincent D' Elia running independently for treasurer, narrowly defeated Roth.r1an who ran on Secunda's ticket. A mere five votes made the difference as D'Elia picked up 136 to Rothman's 131. The freshman candidate, Bob Wiggins, ran a very strong third with 123 votes. Al Waldon, who ran perhaps the most extensive campaign of the season, was elected to the post of Law Student Division representative. He defeated freshman candidate, Joe

Benafante, by a wide margin taking 268 of the 395 votes cast. Significantly only eight people abstained from voting in this race. All told 403 votes were cast. This figure represents about 60% of the student population and is a strong indication that the apathy which plagues this nation has a large following at New York Law School. As far as the two divisions are concerned the difference was not night and day as

one might expect. Equalpercentages of both divisions voted. One of the interesting facets of the election was the three man freshman ticket. Although none were elected, they still managed to attract more than one fourth of the total votes. There had been much speculation before the election that the freshmen might prove to be a very lage voting contingency if they voted as a block. EvicoNTINUEO ON PAGE TWEL.VE

Prof. Simak Sees 60,000 Volumes By r73 A Reality There has been much debate recently, and deservedly so, regarding the library and it's future. EQUITAS brought the discussion directly to the man who organizes the functions of the library. Mr. Andrew Simak is an attorney and assistant professor lecturing on legal research and writing techniques and criminal law. lt didn't take very long to speak of the AALS "recommended" volume requirement. According to Professor Simak, there are at present 55,000 volumes contained within the three floors of the library. It is his belief that by 1973, an additional 5,000 volumes will be a reality. The professor feels however thqt "volume count" is an artificial criteria," "quality not quantity is what really counts and our library is already an excellent reference facility filled with all the necessary statutes, regional reporters and reference tools for the law student''. The progress of the library had been impeded until this year by paucity of shelf space. Now that the tenth floor has been renovated however, expansion for an additional 8,000 volumes has been provided for. Professor Simak is extremely

distressed by the increased acts of vandalism. Volumes are being torn, mutilated and stolen at an incredible rate. With the presence of a reserve room and the usage of two Xerox machines at a reasonable cost of ten cents per sheet. there is no reason why an individual CONTINUED ON PAGE NINE

Students Hail J.A.B. Success The pilot clerkship program of the Judicial Assistance Bureau (J.A.B) has proven an overwhelming success at the termination of the initial stage of the calendar. The program was created through the efforts of the Honorable Joseph Mazur, a New York Law School alumnus now assigned to the bench at the New York Criminal Court, Dean Walter A.Rafalko, Alen Yalkut, and Marvin Raskin. J .A.B. is presently under the direction of Mr. Raskin and Mr. Calvin Connell, Chief Legal Assistant at the New York Criminal Court. The clerkships afford students the opportunity to observe first hand the inner workings of the New York CONTINUED ON PAGE FIVEI

Judge Froessel Speaks Out On Today's Issues

David J. Meiselman On page two of the NYLS bulletin one will find the names of 16 men that comprise our Board of Trustees. There seems to be a prevailing image, almost an aura, surrounding these men as having already "made it" thus eliminating any possibility that they could be interested in your future or mine. The former, although crudely worded, is probably true; the latter demands greater investigstion before confirmation.

The first name at the top of that list is the Chairman of the Board, Judge Charles w. Froessel, who served on the New York State Court of Appeals from 1950 through 1962. I had the distinct privilege to sit and talk with him last Tuesday. Having spent well over an hour with the Judge, I can honestly report that I found him to be most thoughtful sincere and courteous. We did n0t agree on everything nor did every answer I receive meet with m:v hoped for reply

but the conversation was fluid and the entire atmosphere was one of honest give and take. Most important, I found the man unquestionably interested and involved in the progress of NYLS and its students. Upon entering the well-lit, redcarpeted office, I viewed a large desk supporting numerous books and journals, various reports and stacks of mail, yet an orderly presentation en toto was not to be denied. Sitting myself down opposite the Judge, I couldn't help noticing

"Congress and the Public Trust" by James C. Kirby atop other assorted publications. For some reason I noticed my apprehension had disappeared as mysteriously as it had arrived fifteen minutes earlier. Comfortable and relaxEd, I looked up at the Judge wondering about the lives that have been iffected by his decisions. One cannot help but be impressed by his slim yet sturdy structure, glowing complexion and hair of alabaster. Our initial appraisals conclu-

ded, the Judge told me that any format would be acceptable with him. I began by asking what the Chairman of the Board could foresee for the future of NYLS. Reclining in his chair, stroking his chin, the Judge took time in replying. "For 80 years now," he began, "New York Law School has independently turned out many fine young attorneys, thousands having reached prominent positions in both government and commerCONTINUED ON PAGE EL.EVEN

?AGE TWO

TUESDAY, MAY 11, 1971

NEW YORK LAW SCHOOL

·"""'----------------------

,...

New York Law School Alumni Association News .

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Dean's Alumni Homecoming Held At Pace On April 24 A highly successful Eleventh Annual Dean's Day-Alumni Homecoming was held on Saturday, April 24 at Pace College. The all-day affair featured many distinguished alumni and guests in attendance. in addition to involved faculty and interested students. After registration, the morning program featured two panel sessions from which the alumni could select one to attend. Each of these was well attended and lasted from 10:00 a.m. to 12:30 a.m. Panel 1 dealt with "Practice and Procedure in the Civil, Criminal and Family Courts", and was moderated by Judge Nicholas Tsoucalas of the Criminal Court of New York City. Judge Tsoucalas is also an alumnus of New York Law School, having graduated in 1951. The Judges on the panel were Hon. Seymour Boyers of the Civil Court, Hon. Harry

I I I I I I I I I

T. Nusbaum of the Civil Court, Hon. Michael M. Skodnick of of the Criminal Court, and Hon. Jacob T. Zuckerman of the Family Court. Panel II was concerned with "Compensation of Attorneys in Surrogate's Court Proceedings", and was moderated by Prof. Joseph T. Arenson of New York Law Schocil. The panelists were Gerald Adler, Patrick Castelluccio, Robert J. Farrell, Ben J. Perry, and Jack Turret. Each of these learned guests is a Law Secretary or Law Assistant to a Judge of one of the County Surrogate's Courts. At the Luncheon program which followed, Judge Charles W. Froessel unveiled a portrait of Dr. Max Reich, Professor Emeritus, New York Law School from 1921 to 1968. Mrs. Ruth Reich accepted the painting and spoke with praise of the dedication and devotion of he late husband to the Law and the

------------. Alumni I In order to receive an application for your ".JURIS DOCTORATE DEGREE," and/or membership in the Alumni Association, please fill out this form.

MAIL TO:

STUDENT BAR ASSOCIATION NEW YORK LAW SCHOOL 57 Worth Street New York, New York 10013

I would like an application for a Juris Doctorate Degree. [ ] I would like an application for membership in the Year Graduated . . . . . . . . . . . . . .

Alumni Association. [ ]

Name ..................... , ......................

I I I I I I I I

I Address

..........................................

··cii-v · · · · · · · · · · · · ·s-iA-iE · · · · · · · · ·zip. cooi::· · I1

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studens of New York Law School. Dr. Sylvester Smith then introduced Dean Walter A. Rafalko. The Dean spoke of the impressive strides that the Law School has made in increased recognition and outstanding programs. He thanked those alumni who continue to express an interest in the current needs of the Law School and called on others to become more actively involved. After a report of alumni activities by Hon. Joseph F. Periconi, President of the New York Law School Alumni Association, the Distinguished Alumnus Award was presented to Hon. Francis T. Murphy Jr., Justice of the Supreme Court, First Department. Justice Murphy expressed his gratitude on receiving the award and spoke of the staggering increase in crime and violence in society, calling for "law and order with justice fairly and speedily done." At the conclusion of the affair, which was presided over by Mrs. Sylvia D. Garland, Class of 1960, a meeting was held with students seeking summer and career placement. Judge DiFede, a distinguished alumnus of the Law School, who has volunteered to serve as Placement Counselor, spoke with the students and offered some helpful advice.

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"Who says I can't argue with a computer?"

NEW YORK LAW SCHOOL ALUMNI ASSOCIATION The following list of Officers and Directors of the New York Law School Alumni Association is printed here for the convenience of any and all alumni or students desiring to contact any Officer or Director. OFFICERS:

PRESIDENT

Hon. Jospeh F. Periconi '41

100 Stevens Ave. Mt. Vernon, NY 10550

(914) MO.8-5020

1st VICE PRES.

Hon. Jack Stanislaw '29

Moriches Road St. James, NY 11780

(516) JU.4-6225

2nd VICE PRES.

Hon. Martin L. Baron '52

White & Case, Esqs. 14 Wall St., NYC 10005

732-1040

SECRETARY

Benjamin Botner '29

1199 Park Avenue N.Y.C. 10028

582•(;250

TREASURER

David A. Ferdinand '38

9 East 46th Street N.Y.C. 10017

682-4067

DIRECTORS

Steven J. Baron '68 Charles Bennet '24 Michael C. Bernstein '28 Alfred E. Braun '70 Mary E. Cerbone '59 John J. Corbley '62 Howard J. Churchill '32 Bernard M. Eiber '51 Basil Filardl, Jr. '29 Patrick J. Foley '61 Milton B. Franklin '28 Sylvia D. Garland '60 Irvin Hu sin '27 Alfred D. Jahr '26 Sylvia:E. Kelman '65 Lawrency H. King '25 Murray T. Koven '38 Arthur F. Lamanda '29 Robert A. Mallow '68 Gerald A. Marks '69 Ernest F. Marmorek '57 John W. McGrath, 111 '59 Ellis J. Meyerson '26 Zuhayr Moghrabi '67 Harry Ostrov '25 Georgina F. Reich '56 Sherwood Salvan '69 I rvlng Schechter '40 Frederick W. Scholem '27 Hon. Nicholas Tsoucalas '51

420 Lexington Ave. Rm. 2760, N.Y.C. 10017 515 Madison Ave., N.Y.C. 10022 120 East 41st St., N.Y.C. 10017 11 West 42nd St., N.Y.C. 10036 312 West 23rd St., N.Y.C. 10011 116 John St., N. Y.C. 10038 330 Madison Ave., N.Y.C. 10017 123-60 83rd Ave., Kew Gardens, N.Y. 11415 40 Church St., White Plains, N.Y. 10601 102 Maiden Lane, N. Y .c. 10005 45 Monroe Place, Bklyn, N.Y. 11201 131 Country Village Lane, New Hyde Park, N.Y. 11040 27 William St., N.Y.C. 10005 258 Broadway, N.Y.C. 10007 N.Y. Law School, 57 Worth St., N.Y.C. 10013 99 Winnebago Rd., Yonkers, N.Y. 10710 350 Fifth Ave., N.Y.C. 10001 217 Broadway, N.Y.C. 10007 605 Third Ave., Rm. 1501, N.YC. 10016 45 Monroe Place, Bklyn, N.Y. 11201 A20 Lexington Ave., N.Y.C. 10017 30 East 42nd St., N.Y.C. 10017 1457 Broadway, N.Y.C. 10036 54 Riverside Dr., N.Y.C. 10024 1450 Broadway, N.Y.C. 10018 ·521 Fifth Ave., N.Y.C. 10017 526 East 83rd St., N. Y .C. 10028 Bank of Smithtown, Main Street, Smithtown, N. Y, 11787 10 East 40th St., N.Y.C. 10016 25-10 Court Sq., L.I.C., N.Y. 11101

532·9678 753-5310 683-2800 736-0728 971-5466 962·3300 697-4520 268-3200 (914) - 948-1522 344-9200 TR.5-1300 (Off.) 425·7575 943-2690 267-2624 966-3500 (914) SP. 9-67J8 736-7432 233-2880 972-1100 TR. 5-1300 Ext. 45 532-9678 687-5010 564-0960 787-3966 736-2474 682-8211 (home) 861-(;4411 (516) AN. 5-3000 532-4626 544-9300

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Hon. Joseph F. Periconi presenting Distinguished Alumnus Award to N.Y. Supreme Court Justice Francis T. Murphy, Jr. Seated to the right of the rostrum are the Hon. Charles Froessel and Mrs. Max Reich.

District Attorney As Initial, Continuing And Final Arbitrator By CHARLES E. PADGETT Mr. Charles E. Padgett-is a graduate of Georgetown University, the University of Virginia Law School and the Hague Academy of International Law. Mr. Padgett was commissioned by the infantry in 1963 and is presently a Captain in the United States Army Reserve. Since 1969 he has been an Assistant District Attorney in Bronx County, Narcotics Bureau.

All too often the public impression of the District Attorney is colored by fictional treatments of his role. He is depicted as a mental gum chewer, slouched-hatted and relentless in his pursuit, not of justice, but of a conviction; one who would throttle his mother, kick his child and step on the constitution in order to hear the foreman of the jury announce "guilty on all counts." This stereotype is, however, thankfully untrue. A criminal case may not proceed of its own accord but exists, in potency, awaiting a catalyst. This catalyst, the District Attorney, admittedly in a majority of instances, prosecutes the matter. However, in a substantial minority of instances he serves as a negative influence in that he refuses to prosecute or moves to dismiss the action. It is this function of the District Attorney which is little known and least understood. In the Bronx, there are three separate and distinct moments at which the District Attorney may in his judgment, further

criminal proceedings against a defendant. Each fact pattern is presented to an Assistant District Attorney prior to the arraignment of the defendant. If, in the discretion and judgment of this Assistant, the case either does not merit further proceeding or cannot legally be proved, he orders that a complaint not be prepared and recommends dispared and recommends dismissal of the action. In this area of wide discretion both equity and justice have, if not co-equal, corresponding influences. It is at this point, faced with the complainants story of fresh outrage, that the immediate equities of the situation become paramount. Three basic choices are open to the Assistant, regardless of the label placed upon the defendants acts by both the complainant and the police. The assistant may charge up, charge down, or dismiss. To paraphrase Bill Klem, the American League umpire, "Some of them may be balls and some of them may be

.....-----------~ I PLACEMENT SERVICE I

I I

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CONTINUED ON PAGE TWELVE

Please contact me for job opportunities for students at New York Law School. Full time Part time Name: ____________________ Firm: Address:

Tel: Send to: Placement Service New York Law School 57 Worth Street New York, N. Y. 10013 Telephone: (212) 966-3500 ext. 41

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TUESDAY, MAY 11, 1971

PAGE THREE

NEW YORK LAW SCHOOL

A Concept Of Justice By FRANKLYN C. SETARO, PROFESSOR OF LAW, NEW YORK LAW SCHOOL

The fourth volume of Howard's Reports has preserved for us the proceedings had upon the death· of Joseph Story, senior Associate Justice of the United States. And an unparallelled coincidence of American history occurred on September 12, 1845: the "great expounde of the Constitution," · Daniel Webster, delivered the eulogy on the author of the classical treatise "Commentaries on the Constitution of the United States." In tribute Webster inscribed for posterity the aphorism: "Justice, sir, is the great interest of man on earth." Upon reflection it may be said that Webster was speaking of justice not as a private virtue but rather of a political idea. He was expounding upon a social system of adjusting relations and ordering conduct by the force of a politically organized society. Webster's idea of justice, that is, a justice according to law, has been associated with the idea of liberty throughout the whole history ofBritish and American government. An adjustment of relations and ordering of conduct according to the principles and precepts-governing not only the citizen but also the civil authority and judge-is behind the liberty which our nation has sought to establish and maintain from the time of the first colonial settlement. Both British and American justice has been from the very beginning judicial, turning on an impartial adjudication from hearing all sides. The administration of justice in the common law system began with the development of the common law courts after Henry II and culminated in the struggle of those courts with the Stuart Kings in the seventeenth century; and thereafter continued in the struggle of the · American colonists with the Crown which brough on the Revolution.

In England, the Court of Star Chamber was marked by its arbitrary procedure, absence of jury trial, severity of sentence, absence of reasons given for its judgments, and a tribunal in which no rolls of it records were ever kept. The Court of High Commission was one of unlimited authority wherein the accussed was compelled to answer a long series of questions on oath and thus bound to self-incrimination. These judicial tribunals openly degraded that great charter of liberties, Magna Charta, which had been granted by King John some four centuries earlier. For that document read: "No freeman shall be seized, imprisoned or punished except by the legal judgment of his peers and by the law of the land.'' The experience of these arbitrary, oppressive and abominable courts led to the declaration of the English Bill of Rights, in the year 1689, which proclaimed: "the Commission for erecting the late Court of High Commission and Court of Star Chamber and courts of like nature are illegal and pernicious" and were therein abolished. The analogies in our history had their beginning with the Mayflower Compact. This covenant by the Pilgrim Fathers, made in Provincetown Harbor, bound themselves into a "civil body politic;" to frame "just and equal laws;" and "to abide by such laws as should be passed for the welfare" of what became known as the Massachusetts Bay Colony. Nearly a century and a half later, the Stamp Act Congress issued the counterpart to the English Bill of Rights-a "Declaration of Rights and Grievances of the Colonists of America" -in which was claimed for themselves all the rights of British subjects. A similar declaration of rights was adopted by the Continental Congress of 1774 to meet the

Air Pollution

Trees: Public Enemy Number One By Arlen S. Yalkut

With all the attention

PROF. FRANKLYN SETARO

agressive acts which had more recently been passed by Parliment. On July 4, 1776, the Declaration of Independence set forth the rights of man and of the colonists, their grievances against the Crown, and declared: "these united colonies are, and of right ought to be, free and independent States.'' The first "Bill of Rights" in ~ American State history was the "Declaration of Rights" which accompanied the Virginia Constitution of 1776. This document was also largely based on the English Bill of Rights. The phraseology of the Virginia statement of rights was extensively followed in the constitutions of the other States, all of which contained bills of rights defining the rights of the individual citizen as over against the government. The federal Constitution was strongly criticized for not including such a set of statements of rights and its absence made ratification difficult. Accordingly, the Federalists, in the First Congress, as they had promised, carried through amendments of this nature. These-the first ten amendments to the Constitution-proposed by the Congress September 15,1789 and adopted June 15, 1790-make the so-called American Bill of Rights. The ideas contained in the Bill of Rights permeate the _ConsticoNTI NuEo ON PAGE EIGHT

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and resources directed toward air pollution and pollutants, the most insidious offender is still being given free rein. I refer, of course, to our nation's trees which daily inject dephologisticated air into the atmosphere thereby adding to our already insurmountable environmental problem. This impurity I refer to is oxygen one of those rare gases - a combustion supporting substance of unknown potential and undetermined hazards. How can we control these fibrous organic monsters which threaten to upset our ecological balance? The situation calls for action and action now! The use of defoliants to eliminate these deciduous cancers has the additional benefit during wartime of exposing our nation's enemies to the expert marksmanship of our courageous servicemen. Systemic burning of our forest preserves or leasing of the forest land by the federal government to independent lumber companies is recommended during intermittent times of peace. Not only will the decimation of this leafy menace be facilitated, but the land will simultaneously be cleared to provide additional space for our ever important industrial-military complex. In the final analysis, trees are to be feared not for their own sake, but because of their incessant habit of producing the foul pollutant, oxygen. If possible, we must attempt to educate the trees to cease and desist in their irrational behavior. But, at all costs, they must be made to stop. Our very survival depends upon it! Oxygen in every form must be destroyed and effaced from the world's environment. The benefit from such a program to our own life cycle is substantial; statistics show that since we have cut down on the oxygen supply the life expectancy of human beings has increased at least 25 years.

The use of pesticides such as DDT has had the effect of eliminating the less fit species of insects so dependent upon oxygen for their survival. Consequently, stronger and more resilient strains of our insect population have been created upon which our friends in the aviaries so much depend. Thanks to the marvels of modern science we have now bred species of cockroaches which can survive even the holocaust of the largest thermonuclear blast. It is indeed comforting to know that the world will re- · main inhabited regardless of the consequences of any human error in the future. Additional benefits can be derived by periodic oil spills into our coastal waters which would prevent our domestic fishes from breathing in this noxious vapor. Our marine com rades can thereby be protected from the harsh rays of the sun which greatly hasten the maturing process and bring about premature old age. Birds, whose feathers are dipped in the oil, are rendered unable to soar into the stratosphere where there remains undetermined amounts of oxygen yet unfiltered by carbon monoxide and nitrous acid. What better way to protect our wildlife! Reliable authorities in both scientific and spiritual communities indicate that terra firma was not the first planet to exhibit life forms such as we know today. Indeed, virtually every planet in our solar system has faced the problem of oxygen proliferation, and each has found a solution suifable to its unique circumstances. We can· do no less and~ therefore, must strive and exert our every effort until the ultimate solution is found.' But of one thing we can be certain since every other planet is able to exist without this foul pollutant then the Earth can thrive without it too, - at least as well as they can.

Jerry Carter, C.l.U.

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PAGE FOUR

TUESDAY, MAY 11, 1971

NEW YORK LAW SCHOOL

l][QUIIAS

IF,,~~;\ ~r! :, .

,, '1 ~.

EDITORIALS

..- FROM THE EDITOR 1

Point Of View

ADMINISTRATION ... It is not too early for Administration and Faculty to start planning for Spring Recess 1972. This year, unfortunately, administrative foot-draggmg coupled with misguided legal interpretation prevented the New York Law School student body from enjoymg a well-deserved respite from its studies. And, for many, an early opportunity to review notes or catch up on lapsed assignments at their leisure. While other Law Schools throughout the country demonstrated a refreshing awareness of academic pressures and. the desirability of student unwinding, New York Law School remained on the shores of indecision and missed the proverbial boat. Here was a chance to visit relatives and friends at this holy and special time of year. An opportunity to do some outside reading or just soak up the sun. Alas, the minimal three day weekend allotted m niggardly fashion this semester comprised barely enough time to leave town and return. Or didn't the faculty notice all those empty seats during Thursday and Monday classes? But despite valiant attempts by the SBA to gain a few more days for a bona fide recess, the year 1971 saw the students dutifully at their desks longingly looking out their classroom windows, the pulse of academia skipping nary a beat.

And what, specifically, was the issue involved? The number of classroom hours and calendar weeks required by the New York Court of Appeals was well met by this school's academic sched~ ule. Sec. 523.3 or IV-3 of the Court's ruling provides for " ... not less than 1152 classroom periods of 50 minutes each, exclusive of holidays, but including examinations. 11 Sec. 523.4 or IV-4 provides " ... at least 96 calendar weeks, including examinations ... 11 But apparently the administration of New York Law School has been interpretmg this requirement as being exclusive of the examination period. Indeed, communication with the appropriate section of the American Bar Association elicited the response that "a week of study includes instruction and examination, but excludes registration and vacations." It would appear, then, that classes could easily have been suspended for a week's vacation without violating the legal requirements for academic study promulgated by the New York Court of Appeals and the American Bar Association. Again, let's start planning ahead now so that next year's classes, even larger than at present, will be able to look forward to a pleasurable, rewarding Spring Recess.

ACTION NOW!! Two weeks ago four students met with the Board of Trustees. The Student Bar Association has come of age. Once the channels of communication open, a positive flow of ideas results and progress follows. We commend the Board of Trustees on this warm response to these representatives of the student body. We feel that the philosophy of "status quo" so long perpetuated by administration and students alike is dead. We hope progress may now come in the form of a joint effort of students, faculty and administration instead ot the fibers working against the whole. Now that the students have a forum and an attentive ear to responsible suggestions we recommend: 1. That the fourth floor be utilized as a classroom. With a large classroom area fully equipped with seats, microphone, air conditioning, heating and lavatory facilities available there would be no need to talk of overcrowded classes next year. It seems logical that a class of 150 (easily divided into 75 member sections--by no means small classes) is physically unhealthy and psychologically umnspiring, and should not be allowed. This is the proposed fate of the first year day section. We support the administration's commitment to strive for AALS accredidation, but feel that classes with a 300% greater student-faculty ratio than recommended by AALS would not be a statistic in our favor. 2. Moot Court, a full three year program augmented by a correspondmg course, is common practice at many law schools. This year the Moot Court Board, under the direction of Professor Andrew Simak, enlarged the Moot Court

involvement to include first year students. After NYLS's victory over NYU and other schools last year the potential of the board was recognized as just that-potential. Now all this energy is kinetic. We feel this school should harness this power by alloting funds, a course, and school facilities to assist this worthy project. 3. After years of considering the possibilities of electives, new and refreshing courses finally made their way into our curriculum. We should not think adding a few electives is the ultimate answer to our academic problems. EQUIT AS has realized the inequities and inapplicability of a grading procedure used in this law school since its inception. Does the law firm of Adams and Adams know that a 77 in Torts at New York Law School is comparable to an 84 at Fordham? We think not. Therefore, serious consideration of raising the minimum grade from a 65 to 75 or 70, would, we feel be a credit to our law school in the commumty. Standards for admittance are more stringent. This is a good sign. But once a student is in NYLS the grading system works as a hindrance rather than as an objective standard of the student's work and knowledge of a given subject. Finally, the only way the SBA and EQUIT AS may be permitted to know the feelings of students, faculty, trustees and alumni on a given subject is if we hear from them. Therefore, we hope all our readers will drop a card or letter to the fourth floor office or pay a visit so that your suggestions may be heard. It will be a long summer. We will be here this summer.

By MARVIN RAV RASKIN

My congratulations to Mr. Lippman; to doubt his competence would be an exercise in futility. In the past, the mouthings of fools have been heard to condemn the Student Bar Association across the board without any substantial criteria !or the chastisement. I sincerely hope that Mr. Lippman bears less of this undue castigation than· his predecessor. What do we do? How do we avoid stagnation and assume a duty to reform the parochial system of which we are an inextricable part? How do we constructively rock the boat without sinking the ship? The solution is not as complex or violent as one might misconceive. Because the S.B.A. is the student's voice at NYLS, it assumes responsibility for inaction by the administration. We often forget that the ratifying powers of student proposals are in the hands of the administra tion. The S.B.A. has not been a failure. The governing powers that restrict and financially deprive the students are to blame for its apparent inadequacy. The first step along the road to reform is to have both faculty and student representation on the Board of Trustees. We must become aware of the Administration's mystique and afford them the opportunity to learn where our heads are at. We do not wish to overwhelm the Administration with impetuous acts of youth that have no ultimate goal. We do not want reform for the sake of reform. We want what every free thinking student believes he is entitled; a voice in his future. In order to further convince the administration that we are seeking equity and not anarchy, the present Student Bar Association must appreciate the same transition as the Board of Trustees. The S.B.A.should allow faculty and trustee representation in the same proportion as the students are represented on the Board. To be sure, the fact that there is such representation in the student voice should serve as an impetus to transitional measures rather than impede them. Such diversified participation might destroy the will of the student skeptics; those whose mind is impervious to dynamic and provocative alternaL ,e,, and who thrive on indifference to originality. The desire of the student body to be fairly and adequately represented is not heresy. Nor is it a "pinko" attempt to crush the established inertness so subtly suppressing the student voice. Rather, it is a genuine need, not only to be treated as adults with a legitimate gripe against traditional mediocrity, but to move forward for the sake of our future and the future of New York Law School. In the words of Will H. Hayes, "Things do not happen in this world------they are brought about". NOW

QUOTE OF THE ISSUE John Lindsay Richard Nixon Nelson Rockefeller - - - - - - - - - - - - - - - is my shepherd, I shall always want. (Fill in blank with any/all of the above.)

He maketh me to lie down on park benches. He leadeth me beside the still factories. He restoreth my doubts in his administration. He guideth me to the path of unemployment for his administration's sake. Vea tho I walk thru the valley of soup kitchens, I am still hungry. I do fear evil for thou art against me. Thou anointest my income with taxes, So that my expenses runneth over my revenue. Surely poverty and strife will follow me all the days of your administration. And I shall live in a rented house forever. Anon.

EQUiTAS STUDENT NEWSPAPER OF NEW YORK LAW SCHOOL EDITORIAL BOARD EDITOR-IN-CHIEF. . Marvin Ray Raskin Associate Editor . . . David J. Meiselman Copy Editor . . . . Charles Revelli Business Editor • . . . . . • . . . . . . . . . . . . . Peter T~ngredi Contributing Editor . . . • • . . • . . . . . . . . . Vincent D'Elia Editor Emeritus • . . . . . . . . . . . . . . . . • . Bruce Pitman STAFF John DeGaetano (Photographer) Richard Entin FACULTY ADVISOR:

George Farkas Phillip Kenney Michael Macklowitz

Joseph Maltese Lyndon Parker Joseph R isoli

Professor Milton Silverman

EQUITAS is published jointly by the Student Bar Association and Phi Delta Phi Fraternity, Dwight Inn Chapter. The views expressed herein are those of the newspaper or its by-lined reporters and do not necessarily r('f!ect those of the student body, administration or faculty unless otherwise specifically stated. Mailing Adress: 57 Worth Street, N.Y.C., N.Y. 10013 Telephone: WO 6-3500 Ext. 12

TUESDAY, MAY 11, 1971

NEW YORK LAW SCHO.OL

This organization will afford us the opportunity to develop and utilize the skills of the radical lawyer in espousing and fighting for radical causes and in living our politics daily. Harold Katz James Caswell Judi Kaufman Robert Ohler Ronald Kagel

'LETTERS TO THE EDITO~ EOUITAS invites its readers to write "Letters to the Editor" on any topic relevant to the New York Law School community. The right to edit letters to conform to space requirements is reserved by Equitas. If one wishes to remain anonymous, he should sign the letter and then indicate that he wishes the letter to be published anonymously. Letters should be sent either to the Editor of EQUITAS, New York Law School, N.Y.C., N.Y. 10013, or deposited in the EQUITAS mailbox on the main floor of the law school building.

PAGE FIVE

In Re Schnurman Magister's Farewell TO THE EDITOR:

As the 1970-71 academic year comes to a close, I and the other officers of Dwight Inn relinquish our positions to the newly elected officers of the coming year. These men represent strong competent leadership for Dwight Inn in New York Law School, Provence 1 of Phi Delta Phi and throughout the International Fraternity. These officers will represent Dwight Inn at the Convention of Phi Delta Phi to be held August 1971, in Toronto, Canada. At this convention Dwight Inn will spearhead the movement to amend the International Constitution allowing women to pledge Phi Delta Phi Fraternity. Once this priority is resolved, Dwight Inn may look forward to a progressive and fruitful year, working in cooperation with the new administration of the student Bar Association, and EQUITAS for a better New York Law School. This year has been one of "not so easy times" for Dwight Inn. There has been criticism from outside the fraternity and the expected degree of apathy from within. But we have survived and still managed to accomplish our objectives of brotherhood and service to the school. The brothers of Dwight Inn have assisted the studen'. Bar Association in its activities throughout the year. Dwight Inn has also made independent financial contributions to EQUITAS, who needed to meet their financial obligations. We have helped in the past and we hope to help in the future. · In this my last column in EQUIT AS, I wish to thank the brothers of Dwight Inn for allowing me the privilege of serving as Magister in the year gone by. I also wish to take . this opportunity to congratulate Bob McGann and the other newly elected Officers of Dwight Inn and wish them great success for the coming year. Thank you, Ed Ryan

J.A.B. Success CONTINUED FROM PAGE ONE

....

Court System while at the same time sharpening their research skill The consensus found the clerkship practice to furnish the student with invaluable experience in research and a view of zhe practical application of law. It provided us with a "a frame of reference which makes studying a great deal more challenging in a practical sense." J.A.B. will undergo minor changes before the fall program begins. The goal of the reform measure is to emphasize a one to one relationship between the student clerk and his assigned judge. This proposal serves to create a more personal rapport between the parties while allowing the student a greater opportunity to appreciate the functions of our

lawyers Guild Formed Dear Editor: We are a group of New York Law School students forming a chapter of the National Lawyer's Guild at New York Law School. The National Lawyer's Guild is an association of lawyers and law students which faces squarely the need for radical change in the structure of our political and economic system. Recognizing the fact that the legal system under which we live is the creation of our society, we seek to change that society so that it will more adequately meet the needs of its people. This, of course, means development of our skills in the courtroom, but, more than that, it means utilization and development of our skills in the large area outside the courtroom; in the analysis of political and legal problems in our daily lives. For us, political consciousness must start at New York Law School. We seek to focus student attention on school conditions that are affectine- our futures as lawyers: •We find unbearable a dictatorial power structure which renders students and student government powerless to decide their educational future. •We find unbearable a discrimatory admissions policy insensitive to community needs and minority oppression. •We find unbearable instructors unable to communicate the most fundamental legal principles in overcrowded classrooms that have promised to be larger. ewe find unbearable using deteriorated and incomplete reference materials in an overcrowded library that burdens New York Law students throughout their education. tWe find unbearable a paternalistic school policy which demands compulsory attendance and insists upon a fiveday week--reasonable or not. These are only a few of the issues in which students can use their legal skills in a politically relevant manner.

By the time this letter is printed a new president of the SBA will have been chosen. I feel it is my duty as a member of the student body to comment on the Administration of Alan J. Schnurman. I have accused Mr. Schnurman to his face on numerous occasions of generally goofing off, using the office for his own ambitions, shirking his duties as president, and not being a representative of the students, but of a select few, whom he consulted from time to time. This was not the purpose for which he was elected. Never have I seen a man take office and walk away, or dismiss wih a waive of the hand any and all criticism directed at his administration. A good example of the organizational genius of Mr. Schnurman was the election for class representatives. Mr. Schnurman scheduled, and rescheduled the elections with as much regard for the student body as Captain Blye had for his men. When Mr. Coleman informed Mr. Schnurman, prior to the elections in the second year class, that the way the thing was set up was not right because one of the candidates had already left, thinking that the elections will not be held that day, Mr. Schnurman waived Mr. Coleman away and in substance told him to "get lost". When I myself confronted Mr. Schnurman on his inefficiency and selfishness, Mr. Schaurman called me a five-letter word; the slang for the reproductive organ of the human male. I repeated my charge in class, the same charges I made to him previously, and upon finding this out, he sought me out and once again called me the same five-letter word. This one word was Mr. Schnurman's only answer to my charges, this was the extent of his comment and defense. I can only hope that the next President, whoever it may be, will be able to take enough steps forward to make up the ground we have lost under Mr. Schnurman, and to advance the SBA on the road to total representation of all the students. George Farkas 2nd Year-day

criminal justice system The 1971-1972 Judicial Assistance Program is pleased to announce Professor Cyril C. Means Jr. as faculty advisor. Professor Means has expressed hope that this particular clinical program will soon be a continuous and structured part of the New York Law School curriculum. In addition, J.A.B. will be directed by Joseph Maltese, currently a first year day student. Mr. Maltese intends to expand the program for the next term and stated, "it is essential to have greater participation by both night ~nd day students in order to mamtain the current success of this clinical education program."

'The purpose of legal education. is not

memorize

textbook

prin•

ciples but rather t_o_ acquire a syste~ of reasoning suff1c1ent not only t comprehend the past and prese~t but as a means to effect the future.

In Reply The letter from Mr. Farkas (In Re Schnurman) should, by rights, be left as just so much personal invective with little or no substance but I feel com pelled to answer it because it points out a number of possible failures of logic which may from time to time arise. First of all I think it is necessary to separate the question of personality from the office of SBA president. Most of the letter seems more a question of personal antipathy than any question of real issues or real complaints. On the matter of personality I can only say that there is no person who can be all things to all people and no person can make a decision or administer an organization without from time to time offending some title whatever that title may be without instantly engendering the immediate disfavor of some other person. There has never been an SBA election which everyone felt was conducted at the right time or right place or right duration and it will probably be a long time before there is one. This is a regrettable reality. As far as Mr. Farkas's other general criticisms which he seems content to glibly level at me as the SBA President I would like to point out that when I was elected President for the entire Executive Council contained 12 members, the actual involvement of the SBA in the day to day operations of the school were marginal and a number of students had not the

vaguest idea of what the organization was or did. Since that time I believe the list of achievement is admirable. Not all that could be done but far more than even seemed possible a year ago and I would point out that student involvement has been higher than ever before with the students making constant contributions to the SBA and the school in point of service and the entire school gaining many benefits as a result. The job of the SBA President as I see it is to represent the entire school when that will of the entire school is manifest and making that will manifest is the job of each class representative or committee member. If Mr. Farkas feels he was somehow overlooked in the process he should reconsider his relationship with his representatives and also note the fact that SBA meetings have been open affairs at which he would have been more more than welcome to attend and speak. The existance of the SBA clearly includes provision for student initiative in any and all matters. As far as criticism I can only say that all criticism that has been leveled at me has always been carefully considered when CONTINUED ON PAGE TEN

MORE LETTERS ON PAGE TEN

Advertising Schedule BASIC RATES $2.50 per column inch. Full Page (5 col. x 16") ................. $110.00 Half Page (40 col. inches) .................. 60.00 Quarter Page (20 col. inches) ............... 35.00 Eighth Page (10 col. inches) ................ 20.00 DISCOUNTS. 10% discount for insertion in 3 or more issues. NOTE: An advertiser may vary copy of an ad and still be eligible for the discount, so long as he continues the same size ad. CONTACT: Business Editor, EQUITAS, New York Law School, 57 Worth Street, New York City, New York 10013. Tel. W0-6-3500 Ext. 12. REPRESENTED FOR NATIONAL.. ADVERTISING

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TUESDAY, MAY 11, 1971

PAGE SEVEN

NEW YORK LAW SCHOOL

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PAGE EIGHT

Reality House: A Step

TUESDAY, MAY 11, 1971

The Ten Commandments By GEORGE FARKAS

Towards Drug Rehabilitation by Michael Macklowitz ly used at this point is "I'm In recent years a number of black. I live in a racist self help rehabilitation programs society and they don't dig blacks. have been developed for the That's why I'm an addict". In treatment of narcotic users. response to this, a black exThese programs have been addict who has been through it brought about by the growing would say that the realities of drug problem that faces our these social problems are imnation and cities. Many people portant, they are there and from all stratas of socio-eco- can't be ignored. nomic backgrounds h;t.ve become The next level is pre-shop, concerned with the growing need which lasts about six weeks. for such centers and have This level consists of prejoined together to initiate a new therapy, plus four hours of trend in the rehabilitation pro- workshop experience daily. cess. All centers such as After an individual has demonPhoenix House, and Odyssey strated meaningful behavioral House employ ex-addicts as changes in pre-therapy and preprimary therapists. However, shop he is moved to the worknone employ the methodone main- shop level which usually lasts tenance procedure to date. from five to seven months. Reality House is such a day At the workshop level there care center. It has achieved are work groups plus groupresults and utilized techniques psychotherapy for one hour, four which warrant examination by times weekly, led by a psychiathe professional community. trist and an ex-addict. Here, Reality House is located at there is greater emphasis on the 163rd Street and Amsterdam end product of the craft and Avenue. It was opened in the relevance to career choice center of New York City's drug which takes place in the final ridden Harlem in September, phase of the program. 1967. In November 1969 the program moved to the WashingHIGH DROPOUT RATE ton Heights area of Manhattan, The high dropout rate of 82% which also has a high incidence in th e fir st two st ages repreof narcotic addiction. sents a tw_o mo_nt~ screemng It was originally staffed by a process which ellmrnates _th ose group which had worked closely addids who are _not motivated together for three years at or smtable for th1 s t_ype of ~roExodus House (then a day care gram_. The addict is reqmred center for the treatment of t? give urrne samples ea_ch addiction in East Harlem). Over time he atte nd s. If}he ,~ddict half of the staff were rehabi- ~s f~u nd not to be dry. he litated ex-addicts and the re- 1~ eith er sent back to onentamainder came from many hon or dropped from progra~. disciplines, including nursing, A_lthough the drop out rate is social work, vocational rehabi- high, 25% of those who h:_vte litation and psychiatry entered the doors of Rea 1 y · t _ House are drug free eighteen In most programs, confron a . . • th t· t months later. t 10n 1s a crucia 1 erapeu 1c oo 1. t Although this technique is also Mr. Maples went on o rt H ·t · explain the basic differences in t 1 used a Rea i Y ouse, is . t th p · not part of the basic "concept". Reality from mos o ers. n" t" t th marily "the house" is a non Th e concep s resses e ' · · g1vrng of " 1ove an d concern·,, residential center · Therefore ' the individual is dealing with as a rewar d for a duIt b e. . . . · th e pa rt of th e the anxieties of existmg . m the hav10r on there is no Th e real world and program members. . . . . ,, ,, • need to mobilize anxieties by concept also emphasizes the . . . . . · · ·ct l' t· f 11 over emphas1zrng mmor mc1mdivi ua s accep mg u res. h 1 ponsibility for his own existence dents. There 1s muc ess use • t erv1ew, · f"irs t w1·th. of devastating confrontations In an rn . and · t Ad the individual is not stripped Harry Map1es Associa e • • t rat or 'for th e pr i·son rapidly to the level of a helpm1ms The absence of program an d 1a t er w1•th Amos less infant · · th e ct·irec t or of Rea i·t Hemx i y this brutality may be related of the House' th e Rea i·t 1 y House pro- to. the personal styles . ' • d t th· directors of Reality House 1arne gram was exp o 1s . • d th and to the non residen t·1a1 report er m ep . • Th e maior mo de of t reat ment nature of the treatment where · group th erapy. "G roup ,, 1s • a member. so confronted cannot 1s . .f. d t f" • be physically 1soldated from t s rat 1 1e a 1ve progressive . • t a t·10n pre- th erapy drug use and must confront his 1eve1s: onen ' 'ct ' reality when the therapy day pre-s hop, wor ks hop, an voca- . tional training. The average is over.

total

stay for ,

somssfUlty

!rea_ted addict in this program 1s eighteen months.t Orientation meets six days a week for two hours daily. The average stay is two weeks. Everyone who applies to this level is accepted. The addict is asked to attempt self withdrawal and if he cannot do this is referred for detoxification and then returned to orientation. The therapist is exclusively an ex-addict at this level. The therapist uses a type of identification which can only be utilized by a former addict. He is particularly adept at recognizing the addict's underlying anxieties and by relating this to his own experiences he is able to draw the addict out. The second or pre-therapy level consists of groups of six to ten which are led by co-therapists. Here the emphasis is on the member's current relationships and practical difficulties. A rationalization that is common-

A Concept Of Justice

HIGH COURT HANDS DOWN 10 POINT DECISION Macabees rout Egyptians - 101 89 The High Court handed down a unanimous (1-0) decision which is seen by leading legal scholars as a great turning point in jurisprudence. The case of Moses v. Chosen People Inc., arose out an alleged breach of contract by the defendants. Plaintiff averred that he made a contract in good faith with the defendants in Egypt whereby plaintiff agreed to lead defendants out of Egypt, guide them through a dark and desolate land to Promised Land Reserves. In consideration for this, defendants agreed to revere plaintiff as "leader", provide him with food and shelter, and not to revere anyone else. Upon insistence by defendants, plaintiff further agreed to perform certain magic tricks to keep defendants amused during the journey. Plaintiff alleges that during the journey, certain defendants became disenchanted with the plaintiff and breached their contract. To further the breach, defendants organized a ''Golden Calf Festival" wherein they built a structure of adoration which was forbidden by the contract. At the close of plaintiffs case, defendants made a motion to dismiss under the doctrine of "Separation of Temple and State". The court denied the motion stating: "Thou shalt not have any Gods besides Me.·' Defendant then proceeded with his case. Defendant set up an affirmative defense, admitting that they breached the contract. The reason given was non-performance by plaintiff. Defendants stated that plaintiff was not as qualified as he made himself out to be. According to defendants, plaintiff performed 10 feats of magic in Egypt in order to induce defendants into the contract. These included, turning a cane into a snake, turning water into blood, and killing all the first born Egyptian males in one night. However, defendants claim, once the contract was entered into, plaintiff performed only a few tricks, i.e., splitting an ocean in two, making water come from a rock and getting food to rain from the sky. This, defendants claim, constituted fraud in the factum, and thus de.fendants were not bound. The High Court, per God, C.J., held for the plaintiff. As to the count of the complaint charging that defendants built a Golden Calf, we hold: "Thou shalt not build a likeness of a Supreme Being." As to charging excessive prices as admission to the festival, we hold: "Thou shalt not steal." As to making advances toward the wife of the plaintiff while he sought help from the High Court, a mandatory injunction is entered forthwith: "Thou shalt not covet thy neighbors wife." This is the extent of the report of the decision as of today. The complete transcript of the trial will appear in the Weekend Edition of the Sinai Times. The reaction to the decision has been mixed. Some scholars hailed it as a guiding light for the future of jurisprudence. Others weren't quite that enthusiastic. As one scholar put it: "I really can't say what the effect of the decision will be until I see how the lower court begins to interpret it. It is quite possible that future statutes passed by future legislatures will erode the basic purpose of the decision today."

Lieberman CONTINUED FROM PAGE ONE

CONTINUED FROM PAGE THREE

tution and find permanent form in the guarantee of due process of law. They are to be seen in the solicitude shown in all our constitutions for full, free and impartial administration of justice to all. Indeed, the primary object of the federal Constitution, as set forth in its preamble is "to establish justice" first after forming "a more perfect union." The centuries of struggle for the establishment and preparaThe centuries of struggle for the establishment and perpetuation of rights and guarantees to make justice viable as a political ideal has mandated that: 1) No one is to be both judge and accuser;

We all know the story of the Ten Commandments. Remember how Moses went up the mountain, came down with the two tablets? Well, the true story can finally be told. Recently, this reporter discovered a copy of the Sinai Times, and with the help of a duster and scotch tape, was able to piece together the headline story. Following is an account of that fateful day in jurisprudence as reported in the Sinai Times:

Mr. Maple's primary area of

concern is in the prison program. Green Haven and Great Meadows State Prisons have drug rehabilitation programs in which Reality House participates. Every week teams of Reality House therapists lead voluntary prisoners to discussion groups of about 20 men each. Guards at both facilities attend I and participate in the sessions. Training meetings for guards are also held to acquaint them with therapy methods. Group therapy sessions are conducted in basically the same manner as in the street program. The primary objectives are to prepare a member to treat his release in a responsible way and to prevent his return to addiction. I asked Mr. Maples to comment on how "dry" these prisoners are, and if they're not, how could this be possible in prison? He answered that unfortunately many prisoners are able to mainiain their habit while behind bars. It is difficult to do but it can be done as '·many things pass between the bars of a cell". The prison reform program has been successful and expansion of the program is anticipated. One reason for the success is due to the fact that once an ex-addict prisoner is freed and placed on probation, he is required to join a recognized self help center. Many of the members join Reality House in order to fulfill this requirement. INTERVIEW WITH HENIX . . . . In a bnef rnterv1ew with Amos Henix , director of Reality House ho has spent 8 years in prison w . and had been an addict for some 13 years he explained . , . that byh • the Hous is· supported · · private and tpublic • h fmancrng. ded T he City and Sta e ave awar sue · b d th 1 momes ase on e approva ed I of the programs propos . n t t· h t t ct response o a ques 10n e s a e that "there are no political ties nd that no restrictions are ima . . ,, posed by any . political body . . My last question to Mr. Hemx . was. whether he considered the . assistance by the City and State . as . a means to pass1fy the grow. . mg of budgetpnon. controversy . hes. His answer was short • 1e "th e rnsens1 · ·t·1v1·ty of an d s1mp b t· ·· ·11 the ureaucra 1c macnme . . w1 be evident for a , long hme to come.. If you don t abandon us, we will some day be able to . have the power m the people, h ·t b Ion " w ere l e gs .

2) No one is to be judge in his own cause; 3) Judges be independent and impartial; 4) Decisions of judges be subject to appellate scrutiny to insure the requirements of due process; 5) Both sides be fully heard; 6) No one be deprived of life, liberty or property without full knowledge of what is charged against him; and 7) Full and complete opportunity to meet, explain or refute anything which is to be used against him. These precepts, then, crystalize a concept of justice. If pro is the opposite of con, what is the opposite of progress?

how successful these programs have been in easing the congestion in the N. Y. City Courts. The Director of Vera concluded his lecture by referring to the Bronx Sentencing Project which he currently administers. The Bronx Project was established in 1968 in response to the President's Crime Commission. It is a system by which judges in the Bronx Criminal Court are assisted in passing sentence upon convicted misdemeanants via verified social history interviews conducted by the Vera staff. A staff member makes a recommendation in accordance with a set of Vera Sentencing Guidelines. This recommendation is then translated from the numerical scale into the corresponding verbal category, the latter being submitted to the judge at the time of sentencing. In citing the success of the Project, Mr. Lieberman noted that the Judges' sentences conformed to the Vera Recommendation in 86% of the cases interviewed. He views this

JOEL LIEBERMAN

success in terms of the insight afforded the judges into any extenuating or mitigating circumstances affecting · the defendant's case. Mr. Lieberman presented an in depth analysis of the current efforts to relieve the omnipresent burdens upon the New York City Court System. His lecture was well received, and the students responded with pertinent questions before his departure.

TUESDAY, MAY 11, 1971

NEW YORK LAW SCHOOL

PAGE NINE

John Dugan Selected Professor Of The Year Professor John R. Dugan is this year's recipient of the annual "Professor of the Year Award". An engraved plaque-presented to him by Ed Ryan, outgoing Magister of Dwight Inn of Phi Delta Phi legal fraternity--will hang in the law school lobby. Marvin Kramer, the local chapter's ''Brother of the Year'', was also honored at the dinnerdance May 7. Mr. Kramer also received a check for $100 for

maintaining the highest scholastic average of any fraternity member in his academic year. Michael Rehill, a second year student, received a similar award. Prof. Dugan, a graduate of Yale and New York Law School and a teacher at NYLS for ·twenty years, has the challenging task of making law students of college graduates. He welcomes the exposure and exchange of ideas encountered in

The newly elected officers of Dwight Inn of Phi Delta Phi legal fraternity are (from I. to r.): Charles Revelli, Clerk; Joe Maltese, Historian; Robert McGann, Magister; Peter Tangredi, Exchequer; Vin D'Elia, Contributing Editor to EQUITAS; and Al Waldon, Vice Magister.

Phi Delta Phi Elects Officers For '71-'72 Robert McGann, second year day student, is the newly elected Magister of Dwight Inn, New York Law School's chapter of Phi Delta Phil legal fraternity. Others also elected were: Al Waldon, Vice Magister; Peter Tangredi, Exchequer; Charles Revelli, Clerk: Joe Maltese, Historian; and Vincent D'Elia, Contributing Editor to EQUIT AS. McGann, a Fordham University poli-sci graduate, expressed displeasure with the SBA's removal of recognition of the fraternity, but stated that he expected this problem to be solved in the near future. "The goal of this fraternity is to serve all the students- -day and evening, male and female, members and non members," he said. "Funds will be raised to help the SBA with its new progr:l.ms and this fraternity will initiate programs which will be both informative and entertaining." Al Waldon, a second year evening student, police lieutenant, the married father of three and the newly elected Law School Division representative will be instrumental in these new programs. As exchequer, Mr. Tangredi is responsible for all fraternity funds and for disbursements to EQUIT AS, of which he is business manager. A resident of Riverdale, New York, Mr. Tangredi is a graduate of Randolph Macon College, Virginia. As Historian, Mr. Maltese submits articles to THE BRIEF magazine. He is a graduate of John Jay College of Criminal Justice (C.U.N.Y.) and is presently involved in the Judicial Assistant's Bureau (JAB). Mssers. Maltese and Revelli (copy editor of EQUIT AS) are prolific contributors to the student newspaper. Revelli is also an Army officer veteran, a narcotis addiction counselor and a graduate of Harpur College of the State University of New York. Mr. D"Elia. c: i'iew .Jersey

resident and recently elected treasurer of the Student Bar Association, fills the post of Contributing Editor to EQUIT AS. This student newspaper was founded jointly by the SBA and Phi Delta Phi two years ,ago. The enthusiasm and direction of the new officers of the fraternity was capsuled by McGann when he stated, "We want to raise the standards of the legal community, and through the programs which are in the organizational stage now, we plan on serving all the students and sparking anew interest in the Law School."

60,000 Volumes By '73 A Reality CONTINUED FROM

PAGE ONE

should commit such a serious offense. It implies total disregard and lack of respect for one's fellow students. Stressing that this is not to be excused as a sophomoric act, the Professor wonders at the lack of pride and self-discipline displayed by some of the students. U these acts of desecration continue, it is possible that a "stop and search" procedure will be instituted for the protection of the students who want to use rather than abuse the facilities of the library. Professor Simak repeatedly made the point that he and his staff (Harold Dramer and Leslie Kanocz) are ready, willing and most able to guide and direct the student in his endeavors. That is their job and they take pride in committing themselves to the need of the students. They will strive to cooperate with any student and his research problem. All one has to do is ask. Prof. Simak noted that library hours will most probably be extended during the period of final examinations.

meetings of Contracts I and II. It is the interest and dedication

of the young to law which determines the future. Prof. Dugan expressed pride in the students and in NYLS, noting the school has the distinction of being the only law school to have two of its students serving as Supreme Court Justices at the same time: Justices Frankfurter and Harlan. YALE ATHLETE A varsity football and baseball team member at Yale, Prof. Dugan toured Japan as a senior playing in numerous baseball exhibition games. Today he has a son at Yale and another at Harvard. Active in Yale alumni affairs, Prof. Dugan has served on the Board of Governors of the Alumni Association of Long Island and the Saint Elmo Society. One of the more enjoyable experiences with these organizations he remembered was the interviewing of prospective candidates to Yale from Long Island. This close rapport with students makes it no wonder that NYLS honors Prof. Dugan as "Professor of the Year". KRAMER RECEIVES AWARD Marvin Kramer, a 1967 CCNY graduate, was Book Review Editor of the LAW FORUM and Contributing Editor to Equitas this past year. After graduation, Mr. Kramer, ranked sixth in his class, will enter the criminal branch of the Legal Aid Society. Mr. Kramer, whose legal education was interrupted by a six month active military hitch and a law clerkship for Gottesman, Wolgel and Smith, Esqs., worked this past year as a research assistant for Podell and Podell, Esqs. As "Brother of the Year" from Dwight Inn, Mr. Kramer's name was placed in competition with others for a brother of the province selection, to be followed by a national competition. Michael Rehill, a Marine veteran from New Jersey, came to NYLS with a double major in history and government from Wesleyan University. A member of a publishing family which assists NYLS with the publication of EQUITAS, Mr. Rehill maintains an almost full-time working schedule. Despite this, he is ranked first in his class aca demically. The annual fraternity dinnerdance included an open bar, prime ribs dinner and a multitalented soul group as the entertainment. The dinner was preceded by a cocktail hour and smorgasbord attended by students and honored guests.

"We're not allowed to use it, of course, but it has solved certain disciplinary problems."

Ed Ryan, outgoing Magister of Dwight Inn of Phi Delta Phi legal fraternity, presents Professor John Dugan with the "Professor of the Year" award at the annual fraternity dinner-dance.

FRATERNITY PRESIDENT

pH I DEL:

~B~T~~GANN

Traditionally each spring, the election of new officers of INN is followed by the Magister·s statement of objectives for the coming school year. Far too often this column is viewed as having an interest exclusive to fraternity membership. I hope that the directions outlined here, will set the fraternity on a course resulting in the mutual benefit of member and non-member alike. It is only in this spirit, that any organization would merit student support. It would be a mistake to present an account of our status resting upon tradition alone no matter how honorable that tradition is. JI would be an error of judgment to enlist student approval by citing the Dinner-Dance as the justification of our existence. We live in an age where "relevance" is becoming the yardstick of value. The concept of a fraternity cannot escape such scrutiny. It should not. Last year when I decided to join DWIGHT INN, what appealed to me was that Phi Delta Phi was a '' legal fra ternity." This carries the connotation that membership tran:,cends all previous concepts of college level fraternity existence. It provided a point of contact beyond the classroom for persons with a common career objective. I am thankful for the friendships made through DWIGHT INN and I value the opportunity it gives me to work with students irom uiii~r classes. There can be no dialogue regarding the value of this fraternity without discussing the issue of membership for women. JI is unfortunate that this issue even exists. Adament support for the principle (it is a principle) of admission of women is not a novel posture for DWIGHT INN. At the convention in 1969, our INN, represented by Ken Zebrowski, lead the fight for admission of women. The proposition was defeated by a less logical but better organized faction. This year the members of DWIGHT INN again expressed overwhelming approval of this principle. The result was even more frustrating. While approved in a referendum, the measure went down to defeat due to a quirk in voting procedure. Not enough chapters had voted by a specified date. This summer, representatives from Inns throughout the nation will meet in Toronto. have every confidence that the long awaited measure will be approved. I pledge to you that DWIGHT INN will exert every effort to further this aim .. Regardless of the outcome at the convention, you have the assurance that a just resolution of this question will be reached on a local if not national level. The next pledge program initialed by DWIGHT INN will be open to all students. In turn, we would ask all of those persons who have been understandably concerned with this problem to measure us by the actions we have taken and the steps which we are about to take. DWIGHT INN has a contribution to make to the law school. It is essential that all student organizations work together. We look forward to continuing our warm and mutually beneficial relationship with EQUIT AS. Cooperation with the S.B.A. is at the top of our agenda. Furthermore, we look to the faculty and the Administration to provide us with additional areas to which we can contribute. In conclusion, I want to commend Ed Ryan. our departing Magister, for the dedication and efforts which he displayed throughout the year. I know that all members of the INN join me in expressing our appreciation to other outgoing officers: Vice Magister. Len Pojednic·, Exchequer, Joe Miller; Historian, Lyndon Parker; Contributing Editor to Equitas, Marv Kramer; and our Pledge Master, Bill Polignani. To all members who graduate this June we extend our sincere wishes for success. DWIGHT

American Cancer Society I

We want to wipe out cancer in your lifetime.*®

PAGE TEN

I Letters TO The Ed

NEW YORK LAW SCHOOL

FROM THE PRESIDENT------,

STUDENT BAR By MARSHALL LIPPMAN.

I would like to congratulate the students who have been elected to School-Wide office. Competent and motivated people ran and, with the election behind us I believe the time has come to get on with the job we all set out to do in the first place. What the Student Bar Association is will not be found by consulting its Constitution. What it is will be found by looking at what it does. If it does nothing, it will obviously be nothing, but an effective student Bar Association would do best by exploring some fundamental truths. The student body consist of individuals. We all have certain common interests in the school and and there is a basic similarityin our ultimate goal of practicing law. Beyond that each individual has his own distinct characteristics, perceptions and sensitivities. The strength of the Student Bar Association comes from what is common between us and the purpose of being an Association is to effectively serve those common ends. Doing that job requires recognition that there is apathy within and there is inertia without. To overcome the apathy within, the structure of the organization must remain communicative and responsive to the whole. As a Student Bar Association we have a very basic duty to ourselves as students. There are many things we are just going to have to do for ourselves because a vacuum has developed. We are going to have to draw on our own energies and imagination to provide a very broad range of student services and programs where none now exist and in doing this we have to enlist the efforts of students, faculty and administration. If there is a paucity of essential student sevices, the time has come to do more than ask for them or wistfully contemplate what might be. The time has come to develop these services and programs and to put them into operation with the abilities we ourselves possess. I am hopeful that we will not lose sight of the fact that this school, through its Student Bar, shculd be oroviding programs, speakers, research and community service prv~ects, voluntary clinical programs, tutoring, book exchanges, inc re a :"ed social contact between students and faculty. Most of this tyi,e of program takes work, imagination and enthusiasm but they are necessary to knit the school together, dissipate the estrang('mer:t in our own student body and give the Association standing t'.J achieve the goals that require the cooperation of the Administration or Board of Trustees. Concurrent with providing student services in the necessary job of providing a student voice. Law schools are supposed to produce lawyers and since lawyers are supposed to possess rare skills and abilities to counsel, advocate, defend and prosecute, it should be no surprise that Law Students seek to have an impact within the school on matters of vital importance during their instructional years. It is perplexing to me that as students our interest in the school is deemed to be transient and yet the moment we graduate, as as an alumnus we are solicited to have a deep and abiding interest in the school. Because of the "old school tie" philosophy which abounds within the legal profession the student has the least transient interest. He is not only present in the school but he will also have the school - education, reputation and accreditation - indelibly imprinted on him. The fact that a person moves from applicant to student to graduate does not mean that students can not or should not have a voice in curriculum, class size, effectiveness of the education and the other fundamentals of the process of legal education. The Student Bar Association, as a cohesive and coherent student voice has an obvious duty to use that voice in continual communication with every level of administration. It must criticize, question and prod if need be. It must suggest, comment and argue when necessary. If what we want as students is demonstrably the right thing I believe we will find ample support beyond the student body itself. It is time we stopped setting up our own windmills to tilt and recognize that there is no organized effort to keep the students down but there is a very distinct lack of honest communication. Communication requires that for once and for all we set aside the stereotypes and try to exchange ideas. It also requires that we 1ay aown our self-generated inferiority complex, recognize both our abilities and our limitations and refuse to accept condescension or patronization in place of an honest interchange. In the same vein we must not, as an Association, fail to explore any channel within the legal community. We should begin by an active effort to support and seek support among our alumni. They should be informed and consulted and their engagement with th school must be sought. Beyond our own Law School I believe that there should be renewed efforts to provide active and efficient communications between our school and the many other schools in our area. We can learn from them and they can learn from us. There is a great body of common interest which should be tapped in an effort to bring our school into the mainstream of legal education and , hopefully, the forefront. As a School and as part of a community of schools we should be working for progressive court practice rules or a model stud0TJt-practice act. We should be pressing for private and public funds for schools and for students. What we must recognize is that every possible function of the Student Bar Association must be explored simultaneously. If we set our goals high enough and measure ourselves in terms of the day to day achievement then as a school and as an Association we will see the improvement we want.

CONTINUED FROM PAGE FIVE

it is constructive and coupled with some semblence of intelligent thought but if Mr. Farkas has hurt feelings because I did not or will not engage in a shouting match with him for the enhancement of his ego then I might recommend that he find some other means of working out his personal frustrations. It is a reality of school-wide office that the one"in" will always face the constant criticism of those "out" but it is a mistake in concept to consider the SBA some sort of political office won in an adversary popularity contest. The SBA President, hopefully, is chosen by reason of abilities and not by reason of political view, length of hair, age or, hopefully division. The entire concept of the organization is total representation by those who desire to represent and who are able and willing to contribute. It was my desire when I ran for office to leave New York Law better than I found it. I feel in many ways and through the efforts of many dedicated people I have been able to do that and further I think that the way has certainly been started. It might surprise Mr. Farkas to realize that the next President of the SBA will be only the third person to so serve and by any standards the organization has traveled a long way already. Alan J. Schnurman

Equitas Praise DEAR ED: I write to you to extend my congratulations on the general excellence of Equitas. My interest stems from my recollection of days when we could not boast of such a tonotch publication (Class of'65). I'm sure Professor Silverman doesn't hurt. In view of my present position at City Hall, and the proximity to the school, I look forward to stopping by for a visit. Why don't you do the same? Sincerely, Clement Segal Executive Assistant to the President The City of New York The President of the Council City Hall

On Silverman Dear Sir: It is comforting to note that all's well and constant with Professor Silverman. A friend and former classmate at NYLS sent me page six of April 6 EQUIT AS, containing the good Professor's article on Public Policy thinking, I'm sure, that I'd get a kick out of seeing the Professor's picture. In them thar days ('57-'59), the Professor would interrupt his discourse at least once or twice a week to ask if I knew the meaning of what he must have thought was a particularly little-known word. It developed into a sort of game, because not only did I always know the word, but a few times felt it necessary to correct his misuse of certain words. I'm happy to note the Professor is well and hasn't changed (palpable, dolimited, aphoristic, etc.). Despite this passion for the recondite (how's that one, Professor?), I always

•

It Or

enjoyed Professor Silverman's courses and believed him to be a fine anr! albe instructor. Cordially, Walter Weidenbaum

Constructive Criticism To the Members of New York Law School: Tradition has it that for the want of a nail a kingdom was lost - it would be sad to witness history repeat itself at this law school. On February 24th of this year the student's and dean engaged in what was a fruitless encounter on the practical level. After the vindictiveness, the accusations and the complaints we had achieved nothing for the present and we were left with far less for the future. The efforts expended vocalizing both the substantive and procedural issues - indeed the issues themselves - seemed inconsequential when compared with that which emerged as the fundamental problem: that the mentality of the school is second-rate. The realization of this attitude forced the dissatisfaction of the students, the constraint of the faculty and the ambivalence of the administration into a realistic form. Ours is not the honest introspection of an academic community, but rather a preoccupation with student and institutional inferiority. Certain incontrovertible facts remain - since when do these dictate our ability to achieve? We are charged with the responsibility of adequately defining the academic and institutional ends of the future. As a community we must decide the direction this school is to take - only in the process of that decision will the inferiority be lost and the problems resolved. We cannot change traditional incongruities however, unless we function as a community. As such, the lines of communication between administration, faculty and students must be improved. It is understood that students are on an inherently unequal · footing with members of the faculty and the administration. It cannot be maintained however, that there exists a disparity in the intensity of concern for our futures. The future of this institution - and what we can take and give to it while we are still in attendance is of the utmost importance to us as students. Ours is not the raucous demanding voice of the radical, but rather the dignified and purposeful voice of the student of law - firm in its conviction that its contribution is essential to the continued existence of the community. With this in mind, it is submitted: 1) that the Dean and the Board of Trustees present to the faculty and the student body a formal report on the state of the school 2) that this report be presented to the entire academic communitv - in open forum - and contain the formal projections for 1971-1973 and 1974-1984 3) that this report outline the feasibility of an Official Placement Service to have within its purview summer employment and work-study programs 4) that the report outline the progress of AALS recognition and the effect the striving for and achievement of such a goal

TUESDAY, MAY 11, 1971

woold hm oa toition, facolly and course offerings 5)1h,tthnlomni be infocmed of this endeavor and its findings 6) that this report would issue by the fall of 1971 and that representatives of the entire community would compile the necessary information within the next five months. Respectfully, Linda N. Cassano

Cassano Clarificatio ■ To the Editor, EQUIT AS: In my letter of March 27, I sacrificed explicitness for brevity - I now wish to dispel any misconceptions that may have arisen. When I wrote of a mentality that is "second-rate", I was not writing of performance on the Bar Examination nor of the success of many of the school's graduates. Rather, I was addressing my remarks to the existence of a general atmosphere that has pervaded the corpus of the school. I was writing as a student, of an attitude - call it an aura - that has had a pervasive effect on the students. My remarks were intended to be taken as a whole. If sentences are severed from that whole they take on a nega'.r- ~, insensitive significance - if read in their entirety they express a sincerity o: purpose that is most positive. Student dissatisfaction in many instances is a reaction to a lack of information on events that have a direct bearing on them as students. The purpose of my letter was to point up the need for more comprehensive communication and co-operation among the members of the academic community. When I wrote of a "formal report" and projections for the future - presented to the whole community - I was suggesting an academic convocation at which short-term goals are presented, and the accomplishments of the past year are re-counted. It is also within such a forum that the course of a school may be projected ten or more years into the future. With this in mind, the procedural aspects of my letter may seem more plausible. Sincerely, Linda N. Cassano

Moot Court Names Spring, Rehill The Moot Court Board com posed of Ed Ryan, Paul Bannon, Robert Edmonds, Jeff Yorke and Joe Miller last week selected the team to represent New York Law School in the Regional Moot Court competition next fall. The team selected includes Sharon spring and Michael Rehill, both second year day students. Thad Podbielski was named as first alternate, and Chuck Lavine was named second alternate. The selection of a team came after extensive intra-school competition which included the preparation of an appellate brief, and for the finalists, two competiting oral arguments, one· week apart. Paul Bannon said that with the great oral talents possessed by this team, New York Law School should have a very good chance ii) Inter-Law School Competition during the coming year.

TUESDAY, MAY 11, 1971

PAGE ELEVEN

NEW YORK LAW SCHOOL

Chairman Of The Board Discusses NYLS Future CONTINUED FROM PAGE ONE

cial endeavors and it will continue to do so. The record of NYLS on the Bar exam speaks for itself. And the outstanding success of graduate placement hopefully will be continued despite the present lull in the job market." As for the future, the school is currently negotiating with well-qualified scholars in the field of legal education to meet the demands of an increasing student body, whom, by the way, the Judge feels are as dedicated and serious as students were in his law school days. The Judge hopes to see NYLS reach, if not surpass, within two years the AALS recommended library volume, which objective our librarian assures can be attained. Recently, the Judge himself enriched the school with his personal library of approximately 1000 volumes. In addition, the Judge explained how he would like to see NYLS expand in all possible directions

while maintaining, rather than increasing, the number of students. This would allow more personal attention to be devoted to the needs of each individual. Reduced class size and more professors are two topics the Judge brought up for discussion before the question was even raised. He knows how the students feel about such problem areas, and agrees that it could be better for both the students and the faculty. Regarding our affiliation with Pace College, the Judge informed me that although we had heretofore received other offers to affiliate, it is at present mutually beneficial to both Pace and NYLS to maintain the good relationship enjoyed so far. With regard to what the future holds on this subject, the Judge indicated that when Pace attains University status, our relationship should become much closer. At a time when most institutions (in addition to individuals) are incurring difficulties coping

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JUDGE FROESSEL

with economic obstacles, the Judge assured me that NYLS is reasonably financially secure. Due to the proper management of funds, no tuition increase is planned for the present, so far as he is aware. The school expended $30,000.00 preparing the tenth floor mezzanine for

additional library space. More money will be spent shortly on the building's exterior. The school is presently leasing 47 Worth Street to the City on a yearly basis; hopefully, within three years (and an improved economy), the building could house the library, the Law Forum, SBA, and Equitas in addition to providing student and faculty facilities. The need for a curriculum that flows with the changing needs of a society was also discussed. The Judge, having served for six years, after graduation from NYLS in 1913, as Senior Assistant District Attorney in Queens County, believes it is .the duty of the law school to teach the foundations of law; the building blocks, so to speak, which are ever so present in such subjects as Contracts, Torts, and Constitutional Law. Then, it can be more rewarding and enlightening to delve into Poverty Law, Civil Liberties and Consumer Rights.

The Judge is in total agreement that courses such as these are vital. He feels that if the students truly desire them, they should manifest interest by informing the administration through their elected representatives. Interview cbncluded, briefcase in harn.. , I started home with reflections of the discussion filling my mind. Had I asked the right questions? Had I followed them up properly? Did the Judge speak on the issues that the students would be vitally interested in? My conclusion is this: I want to see changes in NYLS. I feel NYLS must accelerate in order to maintain and I will work for this achievement. Judge Froessel wants to see improvements in NYLS also. His outlook, his priorities and his time schedule may differ from some of ours, but I feel he would listen to reasonable suggestions supported by clear thinking.

Macbeth Comes

To NYLS by Joe Maltese Though he was not a Shakesperian actor, Mr. Angus Macbeth provided the members of the Environmental Law Society with a truly informative lecture on "The Approaches to Environmental Litigation." Renowned for more than his unique name, Angus Macbeth, a graduate of Yale Law School, is an attorney with the National Resources Defense Council · (N.R.D.C.) . The N.R.D.C. is a council of lawyers in both Washington, D.C. and New York which handles environmental litigation. The council represents individuals, public interest groups or sues the government and large corporations in its own name. As to the approaches of representing clients in their fight against corporations and government in ecological battles, Mr. Macbeth names two: the tortious public nuisance approach and the National Environmental Act of 1970. With regard to the public nuisance doctrine, Mr. Macbeth states that this doctrine must be stretched and loosely interpreted. He asked the students present to write to the American Law Institute, which is currently writing THE SECOND

REST AT EM ENT

LAMB'S BOOK EXCHANGE Official N. Y. law School Bookstore

TORTS, and request that they take a more modern approach regarding this doctrine in order to include environmental considerations. ·The second major approach, The National Environmental Act of 1970, has proved to be most useful in bringing suit against government agencies, but is of little use against private corporations. The individual who brings an action against the government or private corporation has little chance of success exclaims Macbeth. Money, competent representation, availability of evidence and witnesses all create problems for the plaintiff in an environmental case. This is the very reason why N.R.D.C. exists. So enthused were the students of the Environmental Law Society with the N.R.D.C. that most of them have pledged to work with N.R.D.C. next Fall.

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Complete line of materials for your Finals and Bar Exam 121 LIVINGSTON STREET BROOKLYN, N. Y. 875-1491

TUESDAY, MAY 11, 1971

NEW YORK LAW SCHOOL

PAGE TV'JELVE

. /

District Attorney As

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.,~~>-~路 \.

William F. vanden Heuvel, Chairman of the NYC Board of Corrections, addresses the Administration of Criminal Justice Class. Seated at right is Professor Joseph Koeffler.

vanden-Heuvel On

Criminal Justice System CONTINUED FROM PAGE ONE

vanden Heuvel entered a prison for the first time- as Chairman of the NYC Board of Corections - - he was "in a state ;;f shock", he said. "The walls used to hold prisoners in are also used to hold people out. I would like to involve the community in the prison process so that ALL can say they have a responsibility and an opportunity to do something about it." SUICIDE IN THE TOMBS He discussed many problems with our criminal justice system by way of examples: Julio Roldan, a member of the Young Lords, was arrested by three special narcotics agents and arraigned on October 17. He was one of 283 defendants brought before one judge that day. His case was disposed of in a matter of seconds. Roldan cried out: "I have not even talked to my lawyer." The judge answered: "What do you expect, a Utopia?" Roldan was led away to a 6x8' cell in the Tombs, still in the wake of riots. The next day Julio Roldan was dead. He commited suicide. vanden Heuvel had nothing but praise for the judge who he said was working not in a courtroom, but "in a crowded subway". I am not interested in assigning personal blame or responsibility for the things I say here. The blame belongs to all of us who neglected our duties." He praised DA Frank Hogan, who in 1951 said narcotics addicts should not be treated as criminals, but were "medical problems''. He stressed the fact that numerous eloquent, informative and necessary reports by persons in the criminal justice system in the past 20 years were right on point with suggestions and in depth studies of the problems with the system. The problem: no one listened. NEW ATTENTION TOINDIGENT The black and Puerto Ricans, comprising 80% of the city prison population, have been neglected. In the library at the Tombs there are books on dining out in France or hundreds on coin collecting, but limited volumes to help an inmate lean his language whether it be English or Spanish. The library will be increased to 5,000 volumes by the end of vanden Heuvel's

Final Arbitrator

路.\

"hundred days". Now mid-way in this period he reported the strides taken, challenges met, and plans for the future: the number of inmates in the Tombs was dropped from 2,100 to 1,250; a recreational area where men will breathe fresh air and see sunlight just opened; and a methodone detoxification treatment program, aiding some 140 prisoners in the Tombs is in full swing. Since seven of the ten deaths in the Tombs were suicides believed committed by drug addicts, vanden Heuvel feels this methadone center is vital to prevent repetition of such drastic measures by inmates. These programs are part of a 52 point proposal. Many of vanden Heuvel's suggestions come directly from what he calls "eloquent, timely and brilliant" reports turned in over the past twenty years and ignored. "What we fail to do for the poorest of our citizens is the ultimate indictment of our society." This seems to be the guiding philosophy behind many of the proposals directed towards the poor. He believes the bail system should be revised to conform with the federal system; a maximum detention policy adopted; and the released prisoner should not be thrown out on the street, but someone should find out if he ''has some place to spend the night, a dinner or a home." vanden Heuvel's stirring and eloquent plea to law students to help in this process in any way they can - whether it be to volunteer for the programs through the Board fo Corrections - - or getting involved in the community, was immersed in sincerity and optimism. (Any interested students may call the Board of Corrections Office or request information at the EQUIT AS office - ED.)

1ht Old1t/lnE/t

fact patterns based upon relation to other similar cases. Assuming there is no disposition, the case proceeds to strikes, but they ain't nothing a trial stage. Here, in the prountil I call 'em." By preparing cess of trial preparation, the the complaint or ordering that trial assistant scrutinizes the one not be prepared, the As- testimony and factual content. sistant acts upon a criminal At this juncture the trial asproceeding which formerly sistant must make a decision existed, only in potency. based upon the practicalities of Assuming that a complaint has the case. 路That is to say, can been prepared and the defen- the case be successfully prosedant has pleaded not guilty, the cuted? In his determination of matter goes to a pretrial con- whether to prosecute the asference stage. Here again, the sistant must consider the deequities of the situation come fendant's potential legal deinto play and the defendant's fenses and the trial assistant acts are weighed against the experience i.e., will the jury different fact patterns of accept the factual requirements similar type crimes in order for conviction under these particular circumstances? that the essential gravity of the offense may be measured. Thus, it may be seen that a At the pre-arraignment pro- criminal case does not plod ceeding the assistant tailors the blindly toward trial nor does charge to fit the facts and the the District Attorney's Office law. Ultimately, at the pre- pursue the defendant with a trial conference, the assistant single minded vengefulness to qualifies the offer of a final convict. There is at three separate and disposition of each case to the CONTINUED FROM PAGE TWO

Lippman, Weber Lead Progressive Slate CONTINUED FROM PAGE ONE

dently, however, many freshmen lation before the election that split their ticket in support of the freshman might prove to upper classmen and night stu- be a very large voting contindents. Without the total support gency if they voted as a block. of their own class the first year Evidently, however, many freshman split their ticket in support men had very little chance. One of the reasons given for of upper classmen and night the disaffection of the freshman students. Without the total supclass for its candidates was the port of their own class the first appearance that the candidates year men had very little chance. were somewhat personally abraThe three previously mentioned sive. In one instance this re- first year candidates for SBA porter watched an incident in a office, Joe Benafante, Robert freshman section in which one Wiggins and Arthur Woodard, of the freshman candidates in- were the elected representatives vited a student to "step outside" from the first year day section to settle a disagreement. The B. disagreement had arisen over the The first year evening students use of class time by the candi- elected five representatives, one dates to campaign. of whom, Frank Graves, was In the first year elections for also elected Secretary of the SBA representative the A sec- SBA. The others include Julie tion of the day division gave the Richman, Charles Maikish, nod to two of the female acti- Irving Kurtz, and Robert vists, Linda Cassano and Gloria Frieman. Rice. Both candidates had been Mike Weber, Charles Lavine active in student struggles and Vincent D'elia will reprethroughout the year and at least sent the second year class of part of Miss Cassanos' popu- the day division with both Mr. larity stemmed from an open Weber and Mr. D'elia holding letter to the students in which office in the SBA as previously she heavily criticized the school mentioned. administration. The letter which The second year evening class appears in this issue of the also had two of its representapaper (pp.IO) brought Miss tives elected to general office. Cassano an invitation from the Al Walden, LSD representative Dean to talk over grievances. elect and Marshall Lippman, SBA Alan Kaplan and Stu Dember president elect, were approved were the other two represen- by the majority along with tatives elected in section A. Barry Gersten who squeezed by Of the four only Mr. Dember is Robert Winnemore by one vote. an incumbent. Arthur Woodard, the third and final freshman candidate, was EQUITAS defeated in his bid for SecreNew York Law School tary by Frank Graves. Mr. 57 Worth Street Graves took 187 votes to Mr. New York, New York 10013 Woodard's 157. This contest saw the highest number of abstaining votes as 59 people could not make up their minds which candidate to vote for. All told 403 votes were cast. This figure represents about 60% of the student population and is a strong indication that the apathy which plagues this nation has a large following at New York Law School. As far as the two divisions are concerned the difference was not night and day as one might expect. Equal percentages of both divisions voted. One of the interesting facets of the election was the three man freshman ticket. Although none were elected, they still managed to attract more than one fourth of the total votes. There had been much specu-

distinct stages a thoughtful and knowing appraisal of the intrinsic merits of each fact pattern. The reason for this approach to criminal justice is quite simple. The District Attorney, as any other attorney, represents the interests of his clients. However, since the District Attorney sole client is the community. in toto, it becomes apparent that the defendant, as amemberofthe community must be protected from a dehumanizing experience with blind impersonal justice. To this end, the District Attorney's duty extends beyond that of a private practioner. Where as 1the defense counsel represents the position of defendant's innocence, the district attorney must consider both prosecution and defense from an analytical and compassionate standpoint. If the result of this process of playing devil's advocate to ones own case merely results in legalistic schizophrenia all efforts will have been wasted in mere sophistry. If howwver, justice results, the prime purpose of the office of the District Attorney will have been achieved; that of insuring equal justice with compassion for all people. In the third year evening class Don (Corpus Juris) Secunda and Richard (I-never-got-caughttaking-a-bribe) Rothman were chosen to represent their constituents. Outgoing SBA president Alan Schnurmann said he was very pleased with the results of the elections. WANTED GUYS AND DOLLS

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