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The New York Law School Advocate, vol 2, no. 2, November 10, 1983

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Vol. 2 No. 2

@ADVOCATE

November JO, 1983

Students Demand Retention Program rather an opportunity for the students to by Douglas Bern express their ideas to the administration Under the shadow of a discrimination suit filed last month against NYLS. the This was not the impression of most of Black and Latino Law Students Associa- the student organization leaders. They tion (BALLSA) held a meeting. Thursday thought the purpose of the meeting was to . October 20. with members of the faculty. discuss a retention program. administration. and student organizations Simon said that he was "not here to to discuss the development of a student implement a student retention program" at Dean Pro Tem Jones F. Simon addresses student retention meeting. Pictured,from left to retention program. this time. because the school would not right, are Prof George Armstrong and Associate Deans Ed Samuels and Margaret The suit was filefl in federal district be able to do so "while litigation ts Beam. court by the Puerto Rican Legal Defense pending.·· and Education Fund. and two minority stuCommittee Proposed dents who were dismissed from NYLS for At the conclusion of the meeting. Siacademic reasons. The suit alleges that "the law school intentionally discrimimon volunteered that he was "good at forming committees" and decided that nates against such students in its practices and procedures relating to academic dis- a seven-member committee consisting of by David Projansky cent of the students liked the idea of the missals." It further says that the lack of a two faculty members. three stude '<.. a'1rl An Advocate survey has found that title "Dean." Several third year students student retention program. in particular for two administrators would be created to NYLS students are dissatisfied with the disagreed. They thought a Dean would minority students. is part of the school's work towards setting up student support Placement Office and want a person with merely increase bureaucracy and decrease alleged discriminatory practices and pro(continued on p. 11) legal experience to become the new "Di- the rapport between students and the cedures. rector of Placement." Placement Office. The meeting was called by BALLSA Two hundred students were asked Many second year students felt that a to discuss the possibility of a retention their views on a new placement director professional placement director would be program at NYLS. in light of the pending and ideas for improving the Placement a more appropriate choice. This person lawsuit. Office. · would have experience with law firms and The meeting was attended by roughly Almost half the students thought the would be able to counsel students and 50 students. by Dean Pro Tern James new placement director should be a lawyer teach resume writing ·techniques. Addi- Simon. Associate Dean Margaret Beam. or a hiring partner in a New York City firm. tionally. the director would know how to Associate Dean Edward Samuels. and by Mara B. Levin These students felt that a lawyer could effectively manage a placement office. Professor George Armstrong. a member Controversy and confusion have empathize with the problems of law stuWhoever the new director is. he or of the Academic Status Committee. The brought about a recent recommendation dents. They said he could use his experi- she must be experienced and should have Committee reviews and makes recommenfor a revised student ranking policy issued ence to train students to develop their contacts throughout the city. Forty-five dations concerning academic probation by the NYLS administration. interviewing techniques. Other students percent of the students felt these connecand dismissal of students. In recent years. the policy of this pointed out that a lawyer might be more tions would be vital to the increased placeDeanna Rodriguez. Chairwoman of school has been to rank students on an successful in dealing with other lawyers. ment of NYLS students. Ten percent of the BALLSA. immediately stepped aside and annual basis. with an additional rank after The title "Dean of Placement" for students suggested a well-known lawyer invited Simon to conduct the meeting. their fifth semester. According to the presthe new director was also suggested. Many could increase the prestige of the school. Simon explained that. in his view. the ent recommendations. students will be law students have found the title "Dean" Forty-two percent of the students meeting was not to be a discussion about ranked only at the end of each academic commands more respect. Thirty-five per(continuedonp. 14) implementing a retention program. but year. The September Full-time Day and Part-time Evening students will receive their rankings in their respective classes upon completion of each academic year. At the end of their third year. these stu• News Briefs p. 2 dents will receive an additional ranking which will be determined by combining both classes graduating that June. • Simon Interview p. 3 The January Mid-Year Admissions (MYA) classes will be ranked at the end • Editorials & Opinions p. 8 of each academic year. Graduating MYAs also will receive an estimated ranking with • Arts & Leisure p. 12 the class that graduated the preceeding June. When the January entering class is • Organizations p. 15 • Thornton Part Two p. 5 smaller than 35 students, each year they

~YLS Speaks Out On Placement Director

Controversy Over Ranking System

INSIDE

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November JO, 1983

NEWS BRIEFS Discrimination Alleged In Lawsuit On September 27, The Puerto Rican Legal Defense and Education Fund and two former NYLS students filed a lawsuit against the school. They allege that the school "intentionally discriminates" against minority students in its procedures relating to academic dismissals. The two students are Judy Ocasio and Nitza Bravo, both of whom were dismissed for academic reasons. Ocasio was dismissed during her second semester, Bravo after her first year. The Academic Status Committee, found there were insufficient grounds for allowing Ocasio and Bravo to return to NYLS. The complaint alleges that NYLS has taken affirmative action to encourage black and Latino students to apply to the school, but has failed to adopt any standards or programs to assure the retention of these minorities. One of the specific allegations in the complaint is that NYLS has no retention, counselling, or other support services. The suit is a class action brought under 42 U.S.C. Section 1981. The plaintiffs claim that minority students are ''being dismissed in record numbers for academic reasons because'' law schools "have not developed plans to assure students retentions." They said that this suit was brought against NYLS "as the¡ first institution challenged to provide standards for retention of these minority students." Also, Loretta Szaro, a non-minority student dismissed for similar reasons, has filed a lawsuit against the school. No other details of her suit were available at press time.

Placement Search

professors report excessive absences to the administration: (b) a strict attendance policy being imposed upon the students: or (c) removing the certification problem from the students and. as at Columbia Law School. have the administration sign one certificate for everyone. eliminating the need for the administration to ever again' have to drop a student from a class. The dilemma for the school is that under alternatives (a) and (c) someone may be potentially lying to the Court of Appeals of New York, which has set this rule on attendance. And, there is expected strong opposition to alternative (b) both from students and faculty. While there is an informal discussion of these alternatives among the faculty and administration no serious reassessment is occurring at this time.

Campaign '84 On November 7, Justice Randall Bluth of the Phi Alpha Delta fraternity announced his candidacy for President of the Student Bar Association. The announcement came in the form of an article in the November issue of Equitas.

SBA Allocations On Wednesday, November 2, the Student Bar Association Senate approved this year's budget allocations for the student organizations. The budget recommendations were made by the SBA Budget Commission, based on the requests of the organizations, and on the availability of funds. The members of the commission are SBA Treasurer Mark Halpern, and Senators Abby Friedman, Richard Mackiewicz, Caryn Golub, and Debbie Harter. Many of the organization budget requests were substantially reduced. This is because the SBA has limited resources,

Bill Zelko, outraged citizen, protests in front of NYLS against the inadequacies of the jury system. and some of the requests were against SBA Budget Policy. For example, the SBA does not allocate money for postage or other services or supplies that organizations can get from the school. If an organization needs money in the future for a specific event, or for a reason not provided for in the budget allocation, they can approach the SBA Budget Commission for more funds. The allocations are as follows: Black and Latino Law Students Association: $375; Media Law Project, $375; Legal Association for Women, $350; International Law Society, $310; Environmental Law Society, $220; National Lawyers

ture for financing student organizaitons. The proposal is expected to be introduced as a resolution at the next SBA meeting. At press time the details of this proposal were unavailable but, according to Edmonds, it will include a new deficit financing procdure. More information can be obtained by contacting either your senator or Edmonds through the SBA office in room IOI in .. C" building. Edmonds commented that he would appreciate any and all input students would like to give on this subject.

Talk On Grenada

Guild, $200; Phi Alpha Delta, $200; Lesbian/Gay Law Group, $130; Urban

On Wednesday, November 2. Professor Edward McWhinney of Simon Fraser University, Vancouver, Canada and former visiting professor of law at NYLS gave a talk on the topic of U.S. intervention in Grenada and its implications for East-West relations. McWhinney declined to categorize On November 8, President Cornell ' his nation's position on Grenada, but said Edmonds of the Student Bar Association he believed there was little legal justificaannounced a proposal to change the struc- tion for the intervention. Law Society, $50. The allocations totaled $2210. The SBA currently has a budget of $3000.

'Deficit Proposal

The search for a new placement director has heated up. To date 75 people ¡ have responded to advertisements placed in the New York Times and the Wall Street Journal. Of those, six have been interviewed. Professor Bruce, Chairman of the Placement Committee, said that a placement director may be selected by the end of the semester.

Slacking Attendance As a result of some students losing their right to take final exams because of a lack of attendance recently, the Simon administration has posted a notice to remind students of their obligation to attend at least ninety percent of their classes. Commenting on the notice, which was posted November 7, 1983, Associate Dean for Academic Affairs Edward Samuels said that the school was caught in a dilemma. "There are a number of alternatives", according to Samuels, "but none are truly satisfactory." The alternatives include (a) continuation of self-policing procedures allowing students in large classes to avoid having

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November JO, 1983

Simon Reflects: Perceptions And Accomplishments by Douglas Bern James F. Simon. Dean Pro Tern of NYLS since March 1982. ends his tenure as the twelfth Dean of the school when Eugene V. Rostow is invested as Dean on January 17, 1984. Simon assumed the Deanship at an interesting time in the history of the school. E. Donald Schapiro, Dean for ten years. was facing criticism from the school community and negative evaluations from the New York State Attorney General's office, about his management of NYLS; despite having brought the school to a point of financial security. Presently the institution is seeking reaccreditation from the ABA. The faculty has become very active in the governance of the school; the student body has indicated that it wishes to have a greater voice in an institution that affects their academic lives and their careers after graduation. Simon, a professor of Constitutional Law before and during his tenure, received his undergraduate and Law degrees from Yale. He was the Law Specialist for Time magazine. and is the author of a biography of Supreme Court Justice William 0. Douglas. As Simon prepares to step down from his brief tenure as Dean Pro Tern, The Advocate has asked him to discuss his perceptions of and his accomplishments at NYLS.

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QUESTION: Your selection as Dean Pro Tern has been viewed by many as the manifestation of the strong will of the faculty. What is the current role of the faculty at NYLS? ANSWER: I think it's certainly true that I'm only in here because the faculty wanted me here. And that suggests a strong role of the faculty. I think ... in recent years the faculty has taken an increasingly active role in the governance of the school. Q: Can you describe what your primary duties and responsibilities have been in this interim period? A: Because this is a free-standing, independent law school. the Dean has duties that the Dean of NYU or Columbia or Fordham does not have. As Chief Executive Officer, that means that the Dean has final responsibility for budgetary matters, for academic matters, for administrative matters. across the board. Q: Have you had a free hand compared to prior Deans? Are you working with any specific committees of the Board of Trustees? A: Well. a free hand isn't fully accurate. I don't pass on the budget, the Trustees pass on the budget. I don't ultimately pass on academic appointments. They do. But I make recommendations, and I can say I have had the full support of the Board in

virtually everything I've done. And I would expect that would continue under Dean Rostow. Q: Would you discuss the highlights of your term as Dean? Did you meet the goals you set out, and what was expected of you by the faculty? A: I wish I could tell you that I had a ten-point plan when I came in March, but unfortunately I didn't. So it would be misleading to say I knew exactly what I would. be doing as Dean Pro Tern. I'm not even sure that the faculty knew exactly, precisely what I would be doing. I think we _ knew together that some important things had to be done even in this interim period. And, I think. by and large we've accomp1 i shed what we set out to do. The first order of business I think was to bring stability and a spirit of cooperation to the institution. And I think I have achieved that to a great extent. There's no question that it's not perfect, and there are grievances at all levels. I'm sure; but there always will be, it's just the nature of any educational institution. I think that this stability has helped in making this school very attractive to Dean Rostow. to prospective faculty members. to prospective students. But I think that there is a sense that not only have we taken stock in terms of a stable environment. but we are really poised to move forward in progressive ways. Secondly. we recruited very heavily for our faculty this year. I think we have very good people and we've recruited very well over the last couple of years. In terms of recruiting students I think that the fact that the place sort of came together may

Dean Pro Tem James F. Simon have made a difference. I know the quality of the students who came here this year is very high. I cannot take any credit for that directly. I think that we've done quite well in a highly competitive academic market. Q: What do you see as the law school's main needs? A: We've got a facility study due at the end of the year. One can see that we're terribly pressed for space in the library. We're very pressed for faculty offices. Support services are very pressed. I haven't talked to Cornell Edmonds about it, but ifl talk to him he's going to say that the student organizations are very pressed. Clinical space is good. Student publications are a little bit pressed. So. across the board. I think we've done as well as we can do with the facilities we have. But. I think probably there's going to have to be some more planning and additional facilities. (continued on p. 14)

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November JO, 1983

ADVOCAIE

Faculty Placement

Committee

Hard At Work by Steven Sanabria It's a tough row to hoe in the job market these days, but we at NYLS have someone in our corner. The Faculty Placement Committee is, and has been actively involved in the process of opening doors for NYLS students scrambling for jobs in an increasingly competitive market. Without the savvy and contacts needed to tap this legal job market, students and graduates may not be able to find adequate, congenial, prospective employers. The Committee is composed of NYLS staff, students, faculty and administrators. It plays an essential role in the final preparation of the student prior to his entering the job market, according to Committee Chairman Professor William Bruce. Over the past two weeks, commit-; tee members, and Amy Grossman, Assis- I tant for Student Affairs, have been helping students refine their resumes for judicial clerkships. Once a Committee member has reviewed the resume with the student and approved it, the Committee will grant official administrative endorsement to the student. Thus, the Committee can feel confident that they have sent a qualified candidate into the legal community. . The Committee is working with Assistant Dean Lucille Hillman of the Alumni Committee to establish a strong networking system to serve NYLS and

graduates. Bruce stated that the alumni ties were. "growing in importance, as often hiring partners of law firms will simply ask NYLS alumni if there are any more like them back there (at NYLS).'' Recruitment through referral will often save the hiring ~ partner from reading through some 2000 resumes. The Committee has also updated a non-discrimination guideline (see the October 10 issue of The Advocate) which prohibits prospective employers from recruiting on campus if they practice discrimination based on any non-job-related reason. When questioned on the need for the guideline revision. Bruce responded. "The faculty should be sensitive to the legitimate grievances of students: not only those of the majority. but also those of the substantial minorities and sympathetic others." Apparently, the major culprit in employment discrimination on campus has been the military, who has been known to have a bias against recruiting older lawyers. The Committee consists of Bruce: Professors Michael Botein, Alice Cunningham, and Arthur Leonard. Associate Dean Margaret Beam, Hillman, and Acting Placement Director Kukla Broekman participate in meetings but have no voting rights. Also on the committee are three students: Kathleen Dussault, Phillip Essig. and Manuel Ortega.

DAILY

~t

Cerruti Optimistic About Tenure Decision by Paul A. Friedman Professor Eugene Cerruti, who has been teaching the Criminal Defense Clinic, and, alternatively, Criminal Law, Criminal Procedure and Evidence, is presently being considered for tenure by the Faculty Tenure Committee. A decision will be made no later than the end of this school year. "Five criteria are employed in evaluating the record of the candidate's performance," according to the Standards and Procedures for Tenure, Promotion and Reappointment Manual. They are: I) quality teaching; 2) publication; 3) contribution to the betterment of the school; 4)service to the profession and the public; and, 5) professional integrity. The rules do allow for "reasonable flexibility", and "balancing" is used "where the case requires greater responsibilities and contributions in one area against lesser responsibilities ... in another". A petition has been circulated by the Criminal Law Society to aid Cerruti' s chances of receiving tenure. The Society's president, Stephanie Kaplan.: said they believe that there will be some difficulty in Cerruti gaining tenure. Cerruti believes their actions to be ill-advised and potentially detrimental. ''I told the people who are putting

TWO HOT SOUPS and HOT CHILI

forth this petition that I didn't think it would be a good idea and that I would prefer that they didn't do anything like that," Cerruti said. "I very much appreciate the concern of the students," he said, " ... but, I do believe that the majority of the tenured faculty ... are prepared to treat my application fairly and to take into account my teaching responsibilities here as it bears upon the quantity of my scholarlyoutput.'' The Society, Kaplan has said on more than one occasion, is afraid Cerruti may not meet the publishing requirement. Cerruti acknowledged that his dual responsibilities make it difficult to publish but he felt that his colleagues understand his situation. He did point out, however, that a number of new works of his will be appearing this year. Cerruti, who came to NYLS in the fall of 1976, emphasized that he was optimistic about the results and that he very much wanted to continue his "split-load" of classroom and clinic work. "This is something that would not be available to me at many other law schools and I am , very happy it is available to me here," he said. Professor B.J. George, Chairman of the Faculty Tenure Committee, refused to make any comment on the matter.

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November JO, 1983

ADVOC~FE

Thornton: Perspectives On The Future by Paul A. Friedman

QUESTION:

What are the long term

endowment because we're going to be reaching the point where we're going to have to reach into the income from endowment to meet the operating expenses.

Q: Would you estimate what kind of financial position this school is in, in terms of figures? A: The school is now, in terms of the

The Board of Trustees is rarely seen goals of NYLS? Well, to me, the key for operating budget for the upcoming year of or heard from by the student body even ANSWER: though its role in the operation of NYLS is both colleges and law schools in the de- '83-'84-we operate on a fiscal year endso powerful. In an attempt to bridge this cades of the eighties and nineties is qual- ing June 30-precariously in balance. In communications gap, The Advocate pre- ity. The thing that's going to survive and that, the funds we take in, what we call our sents the second part of its interview with prosper is quality. You 're going to find operating funds, will just about meet our the Chairman of the Board of Trustees. that. in my judgment, the top-flight col- operating expenses for that period. leges are going to continue to do well. It John V. Thornton. - We have, in terms of funds of endowBorn January 13, 1924. Thornton at- will be the marginal colleges that get into ment and quasi-endowment-by quasitended St. John's College from which he trouble and some of them are not going to endowment I mean funds that are not necgraduated magna cum laude with a B. S. survive. essarily legally earmarked for any particuAfter he graduated from the U.S. Naval . lar program, but they're available for any Q: Do you expect there to be a need to legitimate use-we have roughly 12 milOfficers Training School and the U.S. Navy Technical Radar Training School. he increase tuition to help NYLS to reach . lion dollars. It's not enough but it's subattended and graduated from Yale Law that high level of quality? stantial. I don't think that in terms of operatMoreover, we earn roughly ten perSchool. He was awarded the Order of the A: Coif and was Editor of the Yale Law Jour- ing costs we are going to see the serious cent, so if our operating funds stay in banal. inflation in educational costs that we've lance with our operating expenses we are Since that time Thornton has au- seen in the past decade. I think education getting about a million-two. This could be thored one textbook on Torts and numer- costs. in our case at least. are going to added to what we have. or should we run ous business and law related articles. A mount roughly in accordance with what- into a problem balancing our operating former Adjunct Professor of Law and As- ever the rate of inflation is. budget. it could be used to balance the sociate Dean at NYLS, Thornton is presoperating budget. So. we 're not flush by I think our salary structure now is ently the Senior Executive Vice President any means. but we're not facing what reasonably competitive. We're not losing and Chief Financial and Legal Officer of some schools are facing: a deficit position. opportunities to hire new professors beConsolidated Edison Co .. Inc. We remind cause we don't pay adequate salaries. our readers that Thornton is not necessarQ: On another aspect of our future, In capital program. yes. we need gre- what do you expect of our new dean, ily speaking for the entire Board when he ater reserve funds. We also need a greater Eugene Rostow, in terms of the adminisexpresses an opinion.

trative and intellectual workings of

.---------~~~M~*~i~f.------------------------------------.....~--..NYLS? A:

Q

PICK THE BEST ANSWER

1. Hal and Winnie.

husband and wife, were jointly accused of receiving stolen goods. They consulted Lars. a lawyer. and in the presence of Lars and Lars's secretary, Hal said to Winnie, "Dear, we really did know that these color TV sets were hot. After all, we bought them for $10 each." At Hal's trial, in a jurisdiction where a criminal defendent cannot prevent his spouse from testifying, Winnie voluntarily took the stand and was asked what Hal said to her in her lawyer's office. On objection by Hal's attorney, the trial judge should

(A) exclude the question because of the attorney-client privilege. [BJ exclude the question because of the marital privilege. (CJ uphold the question and require Winnie to answer. (DJ exclude the question because of the attorney-client privilege and the marital privilege.

I know that he is interested in a very rigorous intellectual program. However. rm not really certain how that would be implemented. What we're talking about here is making the legal education at the school an in-depth education. We're already moving in that direction and Dean Rostow. in my judgment. will be continuing that tradition. Administratively. I expect that he will be doing a substantial amount of fundraising and making contacts with organizations such as the ABA.

Page5 prepared to pay the going rate for getting top-flight people. In the last ten years, we have made substantial upgrades in faculty and administration salaries so that there is no great gulf in our salary structure as compared to the salary structures at other law schools. We're very competitive. If there's a problem here it's an idiosyncratic problem. Certainly we are prepared to commit whatever resources are necessary and commensurate with what other schools do. Certainly, we ought to pay and we're prepared to pay a competitive salary. Certainly, placement is a very important function of law school today and we ought to pay and will be prepared to pay what's necessary to have a proper placement department.

Q: Where do you stand on the question of affirmative action in terms of hiring professors, accepting students, and retaining students who appear before the Academic Status Committee? A: My fundamental view is that, yes, the school should be involved in affirmative action. This is the view of all law schools and we are not unique in that respect. The minority populations are underrepresented in law schools and. indeed. in all professional schools. but not to the great extent it was in terms of minority populations. So. certainly. we ought to be making efforts to recruit minority students. Within limits. I think it is reasonable to give some consideration in the admissions process to minority students . One is not hidebound to LSAT tests in measuring the potential of a student. If a student comes from a deprived background you may want to look at other criteria. I'm against imposing a quota system. but I think we can give consideration to a person's background within the traditional process of admissions.

Q: Does that extend to the Academic Status Committee?

A: Once a person has been admitted to law school. it seems to me that uniform standards ought to be applied. Uniform may not mean absolutely uniform. In a Q: Do you expect those contacts and given case you could see that in the first This is one type of question likely to appear on the 200others he has made over the years will term perhaps it might be difficult to adjust. question Multistate Bar Examination. The correct answer is (A). For a written explanation of this question or for help theschool's placement ability? Certainly. we ought not run a two-track more question samples. contact your campus repreA: I would think so. It seems to me that sentative or call toll-free: 1-800-343-9188. system or something of that sort. any more we have in Dean Rostow an excellent ¡ N.Y.L.S. Student Reps: Donald Abrams, than we should have a two-track system bridge to what I would call the prestige Emily Geiger, Abby Leviton, for day students and evening students. Michelle Schauer, Wayne Spector, Sanford legal community of New York and. inStevens, Jeff Toback, Nelson Vinokur, deed. the United States. Q: Presently, what do you believe to Lester Weisenfeld I also see him in the role of mentor or be the greatest weakness of the law role model for our faculty. We have a very school? Well. I think I would pose it in terms good faculty. but we have a very young A: faculty. We have many persons who are of the greatest challenge facing the school. That. to me. is. Where do we go from here? promising as scholars and great teachers. The school has come forward enorThey simply have not yet had the opportunity to develop because they're still very mously in the last ten years. Really. in the young in the profession. I think part of Dean Shapiro regime the school advanced Dean Rostow's role will be to help build enormously. It's an entirely different inthis faculty. to put it together. and to see stitution than it was ten years ago. It's a that its operations are consistent with those much better institution in terms of student of the great law schools. body. faculty. and physical plant. There's been great movement forQ: Now that we're on the subject of ward. The school is well up in the hierplacement, what are your views on a archy "or American law schools. We're new placement director? Do you sup- probably at the bottom of the top third in port increased funding for this depart- terms of facilities. student body qualificament? tions. admissions. and the like. We're in a 875 Are oftheAmericas#l104 New York, NY 10001 (212) 947-3560 or 1(800)343-9188 A: Our policy. so far as administrators very respectable position. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~and faculty~ concerned. is thM we're (continued on p. 15)

THE MORE YOU KNOW ABOUT YOUR BAR EXAM, THE MORE YOU'LL LIKE SMH.


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ADVOCATE

November JO, 1983

_

Doctor Witnesses El Salvador Bloodshed by Steven D. Grossman On Thursday evening October 27. Dr. Charles Clements spoke at New York Law School. Clements is a Quaker physician who was an air force pilot in the Vietnam War and is a U.S. Air Force Academy graduate. The speech was co-sponsored by the Central America Task Force of the National Lawyers Guild. New York City Chapter and the NYLS Chapter of the National Lawyers Guild. In 1982. Clements traveled to El Salvador to offer his medical services to the civilians caught in the fighting between the government forces and the rebels. Clements conditioned his offer on two demands: first. his medical neutrality be respected and second. he wouldn't be required to carry a gun. His intended purpose was to give medical assistance and to act as a "white" witness to the violence. He felt that as a "white" witness his word might carry authority in Washington concerning the war in El Salvador. Clements stated that he has proof that napalm supplied by Israel is being used by government troops against the civilians and rebels. He said that the Salvadoran military has admitted using napalm with a white phosphorus ignitor. Clements asserted that he has photographs of the napalm canisters. As further proof he claimed to have treated the distinctive napalm and white phosphorus bums. The New York Times has refused to carry a story about the use of napalm without more substantial evidence. Among other topics discussed were the organized peaceful opposition to the government. the mistaken assumption of democracy. and the severe medical problems in El Salvador.

Dr. Charles Clements describes his experiences in ElSalvador. "Hunger," Clements said, "is the key issue in Central America." He offered statistics to show that in 1960 one percent of 'the people owned 20 percent of the arable land and in 1980two percent owned 60 percent. As tenants, the peasants must pay a substantial portion of their crop to the landowners. Thus, they are faced with the dilemma of either feeding themselves or paying the landlords or moneylenders. This "misery due to greed," Clements said was the basis for the revolution. Although the Salvadoran Government claims it is engaged in land reform, in fact Clements argues, it is not. Land reformers are murdered. There is no fertilizer available. Agricultural cooperatives are forced to pay bribes to the 'army for protection. The Salvadoran Government erroneously claims its programs are giving land to the peasants. Clements demonstrated that the official Salvadoran statistics are inflated. Those who had applied or would have applied for the land were counted as land recipients. That number was multiplied by six which is the average size of a Salvadoran family. Clements said the actual number receiving land is roughly 10,000. One of the aspects of the revolution has been the emergence of "control zones." These zones consist of agricultural, health, and other cooperatives run by the civilians. According to Clements, they may comprise as much as 30 percent of the countryside. Some zones are as large as 225 square miles. "These societies represent the future," said Clements.

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As in Red China and Kampuchia. punishment in the "control zones" takes the form of agricultural labor. The cooperatives "prioritize" the output of the society by giving to the neediest first, Clements said. For example. the milk is given to the ill and the proteinrich fish is given to the manual laborers. Priests and leaders of the agricultural, health and other cooperatives have led the non-violent opposition, said Clements. He added that some of the opposition's leaders have been murdered. Clements stressed that U.S. economic aid is given on the condition that numerous murders by the right wing death squads be investigated and prosecuted. No one has been brought to trial for these murders. Clements asserted that in the "control zones" similar murders have been investigated. Entry of government soldiers and death squads into the zones is resisted by r

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the inhabitants. Clements mentioned one invasion into one of the zones that apparently cost the U.S. taxpayer $5 million and netted the Salvadoran Army only five rebels. Clements was silent on the rebels' operation within the zones. He stressed. however, that the rebels fought to win the confidence of the civilians. Clements vehemently contested the American government's view of the Salvadoran democracy. He showed that the elections were tainted by the requirement of an "election stamp." by the registration requirement during the actual casting of ballots. and by the use of glass ballot boxes. Implicit in the "election stamp" was the threat of death if one did not vote. The American press. Clements said. accepted the U.S. administration's view of the legitimacy of the Salvadoran democracy. He noted that the threat of violence kept the press from covering many events. According to Clements. the Salvadoran medical system has been severely devastated by the war. Hospitals have been shut down or destroyed. Doctors and nurses have been killed. He told of his own inability to secure medical supplies. He told stories of people, including an American, being killed for carrying aspirin, AlkaSeltzer. boot oil. and diapers (used as bandages). Clements concluded by stressing his desire for the American people to prove their independence from the current administration by sending needed medical supplies to the Salvadoran people.

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November JO, 1983

Page7

ADVOCATE

an appellate brief for either the petitioner or respondent following the format of the rules of the United States Supreme Court. This year's problem, prepared by the Moot Court Association, involved three issues. The first involved a claim by a professional by Sharon O'Leary promoter of fund raising events that a state The 1983 Charles W. Froessel Moot statute limiting the amount 't could be Court Competition concluded on Novem- paid, was unconstitutional. The second isber I after the original 42 competitors sue concerned the promoter's standing to were reduced to four finalists through a bring the suit. The final issue was whether difficult test of writing and oral advocacy a trial judge should have recused himself skills. due to remarks he made to the promoter's Ross Gnesin was best oralist. James counsel. Cavanaugh and Patrick McCormack won The argument is equally divided bethe award for best brief. And, Harry Wein- tween teammates. However, it is vital that berg and David Weiss were the best team. all competitors be able to argue all sides of In the Final Round, Weiss and Gnesin all issues. This is because as the competiargued for petitioner, and James Clarity tion progresses each participant may have and Elizabeth Rouses.argued for respon- to argue either "on brief", arguing the dent. They argued before a panel of judges opposite from their written brief, or "off consisting of the Honorable Eli Wager '54, issue.", any issue they did not write on Justice of the Supreme Court of the State initially. of New York, Nassau County and a TrusEach team must argue twice, once on tee of NYLS: the Honorable Vincent L. brief and once off brief. The surviving Broderick. Justice of the United States competitors advance through two rounds District Court for the Southern District of to the finals. The arguments are heard by New York: and the Honorable Edward D. panels of three judges. They consist of Re, Chief Judge of the United States Court a mixture of alumni, professors, judges of International Trade. and members of the Moot Court AssociaProfessor Olympiad lojfe speaking The purpose of the Froessel Competi- tion. Each judge scores and critiques each tion is to give students an opportunity to of the competitors. develop their research, writing and oral The written briefs are judged and a advocacy skills. Carol Santangelo. Chair- score is attached to them. This score, comwoman of the Moot Court Executive bined with the oral advocacy scores. deBoard. acknowledged that the competition termines those who advance. The Board demands serious effort. but stressed that noted that while the brief score is initially the hard work is outweighed by the benefit important. as the competitor advances the of the experience. Rousos found the Com- oral score becomes the more significant in by Peter McGowan petition to be "very worthwhile and a fan- terms of advancement. and Steven D. Grossman tastic way to build self-confidence in those When asked to what the competitors On October 11. Professor Olymskills indispensable to every future litiga- attributed their success. the overwhelming piad Ioffe, Chairman of the Department of tor.'' consensus was the correct choice of part- Civil Law at Leningrad University from In the Froessel. each team prepares ners. 1966 to 1979, spoke at NYLS on the topic, "Human Rights in Soviet Law.'' The talk, sponsored by the International Law SociSEIKO-BULOVATIMEX-LORUS-CITIZEN-PULSAR-CASIO-KUD ety, drew roughly 80 people. )> ~ loffe was dismissed from his position I w when he gave the parental permission re~ ~ ~ <( quired under Soviet law for his daughter's 0 z z emigration visa. He then lived in his ::> I dacha. or country home, isolated from his 0 0 > TOP QUALITY FILM PROCESSING ONLY )> colleagues for a year and a half until his I rt.rs lJEn.:LOl'l:\G CHAl{GJ::reprints ~7c .17¢ PER PRINT z exit visa was granted. 0 0 > ALL COLOR ROLLS DONE ON NEW LARGER z Ioffe. one of the U.S.S.R.'s most z<( I prominent legal scholars. helped draft the FORMAT KODAK PAPER 37c1c LARGER :D en legislative framework of the U.S.S.R. 's 0 I 0 0 civil codes. He has written more than 30 :::c books on law-related subjects. I 0 ~ en According to NYLS Professor Serge m <( z Levitsky, loffe 's writings are frequently z <( j;! cited by Soviet courts and legal writers. Q. x However, now his name is omitted from I WATCHES VIDEO ACCES. WALKMAN CAMERA the citations. I z> VIDEO GAMES CLOCKS IN SHORT-EVERY- ~ 0 Ioffe said that human rights in Soviet THING YOUR HEART DESI-RES law don't exist, are impossible to prove or 0 r- are of no value because they are formu~ ~ CLOCKS & WATCHES 5 lated without the force of law. ~ ___,OF THE WORLD LTD.

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Soviet jurisprudence is silent on human rights. Ioffe said, because of an inherent contradiction in the system. The Soviet Constitution, created in 1977, lists most of the human rights which are, Ioffe said, "fixed in the two international covenants ratified by the Soviet Governrnent." In reality, these rights are without the force of law, he said. While it is true that Soviet citizens technically have these rights, they "can only be used in conformity with the Soviet state," he said.

The result is that the rights of the individual are superceded by those of the state. Unlike traditional western approaches, Marxist/Leninist doctrine denies the existence of natural rights. "There is nothing natural in legal phenomenon, and all legal phenomena are only social." Ioffe said. The Soviet Constitution guarantees economic rights, such as the right to work. Ioffe warned that this right is not substantial. If a worker loses his job due to political reasons, he has no right to a jury trial.

Death For Selling Suits During the talk Ioffe told a story of a criminal case heard by a Leningrad court some years ago. A Leningrad department store was well stocked with poor quality men's suits. They were of such poor quality that no one in Leningrad wanted to buy them. However, there is a city one or two hundred miles from Leningrad where the people wanted to buy these suits. But, the department store in this other city had none of these suits for sale_ A clever old man arranged to sell the suits that no one would buy in Leningrad. to the people of the other city. As a result. he became a millionaire and. soon after. was arrested. The procurator who judged the trial recommended death. In his last words the clever old man said, "Why should I be punished by death? To whom did I cause damage? Who lost as a result of my exchange? The Leningrad department store lost because they sold their suits? The people of the other city lost because they bought suits? I helped everybody and they would like to execute me. Why?" Ioffe said, "But, you understand, he was sentenced to death."


Page8

November JO, 1983

ADVOCATE

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~andilierehube~oom~tioo~~tt~ga glimpse school.

PAUL A. FRIEDMAN Editor in Chief JOHN T. SCHULER News Editor

BRUCE WEITZENHOFFER Features Editor

STEVEN D. GROSSMAN Assistant Editor

DANIEL A. GREENBERG Photography Editor

STAFF Douglas Bern, Adrian Calderone, Phillip Essig, Mara B. Levin, Patrick McKeown. Sharon O'Leary, Vladimir Persil, David Projansky, Steven Sanabria. and Scott Samlin. CONTRIBUTERS Kathy Dussault, Paul Friman, William Hough. David Kelley, Thomas Mansfield. Peter McGowan, Charles Norris, Andrew Ritter, Jennifer M. Seltzer and Harry Weinberg. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

EDITORIALS

: time wh " the opport'Uliity to¡,ronsulidate thy had made under the directkin of foml.et the lack o

' Dean E. Donald Shapiro. Yet Dean Simon resulted in : did not relegate himself to the role of a mere caretalt.er. . Under his administration visible changes were effect\lated to improve the . i)hysicaf plant of the school and to provide

disadvantaged, As w~1l, dents remains a see

problem that has yetto the student body has not ~ccess to the Faculty Self~Study ~ort

of the ABA's

analysis of the

Perhaps, though, the issue of greatest concern to us is the civil rights law suit recently filed against ilie school. It is evidence of a continuing lack of understanding and concern on ilie part of the school, for those students who need additional counselling and guidance to develop the skills needed to succeed in law school. Nevertheless, it is with profound re-

gret that we note the departure from office of Dean Simon. He accepted a difficult task and performed well beyond expectations. While it is true that we have not always agreed with Dean Simon on issues pertaining to the school. we have never questioned his integrity and sincerity. Although he will be returning to the faculty. we sincerely hope that he will continue to play a vocal and integral role in the development of NYLS. His experience. candor. and interest in the students' welfare are still very welcome and needed.

LETTERS Student Se~f-Study Appraisal T9 the Editor: I will preface these remarks by noting how impressed I was by the method and purpose of our recent inspection by the American Bar Association. We were not. to my surprise. inspected by a team of white-gloved pencil-pushing "consultarus' '~ilie"OOAfa~~u~xpen~silk. They did not check the window sills for dust and did not come here to look for skeletons in closets. Rather. we were inspected by two deans. a professor of civil procedure, and a law librarian. It was a good mix. and each person came to New York Law School with a very practical and realistic perspective of what they were likely to see. Each seemed to clearly differentiate between how law schools ought to be run, and how they almost uniformly i.nfact operate. I was further impressed to learn that Professor McKaskle had been assigned primary responsibility for examining student life and student organizations. It was gratifying to know that this part of the Committee's inspection was not merely vestigial to the otherwise technical aspects, such as counting librarycarrels, but was looked upon as an integral part of the inspection process. Witness the fact that the Committee's l V2 hour meeting with students lasted 3Vi hours. despite the Committee's busy itinerary. Our students are likewise to be applauded for their interest in this peculiar process, and for the candor with which they made light of our school's strengths, as well as its weaknesses. We came to the inspection process with a healthy understanding, not only of the importance of ABA accreditation for all of us, but also of the constructive nonaccreditative purposes of the inspection. As a result, I believe the Committee was in most respects presented with a very honest and even-handed student appraisal of our law school. The Student Self-Study Report is, nonetheless, fair as far as it goes. In some respects, however, the Self-Study Committee has painted an incomplete picture-it has failed to do some of its homework because of the same failure of communications which it says is a "major problem" at the school (Report, p. 16). For instance, Part IV of the Report (pp. 7"8) speaks of the Legal Research and Writing Program in the first year curriculum. The Moot Court Executive Board has a large part in the culmination of this exer. cise, the first year mandatory appellate oral argument. It is exciting for those of us on the board to play a part in an integral

part of the law school curriculum. and I assure you that we look on our responsibility with a sense of enthusiasm and professionalism. Yet the Report makes no mention of this student participation in the curriculum. nor was the board contacted for its impressions. Part IX of the Report (p. 21 ). on Alumni Development. recommends "that the Alumni Office hire personnel to work directly with school departments and student organizations to 'develop' alumni." Again. had the committee done its homework it would know that two organizations in particular. (and perhaps more). rely heavily on the participation of alumni. The Moot Court Board has benefitted substantially from the enthusiastic participation of a growing core of alumni. who volunteer their time as judges for the Froessel and Harlan Competitions and as coaches for the teams we send to national competitions. In addition, the Robert F Wagner Competition. of which I am chairman this year. relies for its continued vitality on the willingness of alumni practicing in the field of labor relations. to review our fact patterns andbench briefs. grade the briefs submitted by competing schools. and come to the school to judge oral arguments. With regard to both the Moot Court Board and the Wagner Competition. Dean Hillman has always been very supportive. and neither organization could. quite literally, function without her assistance. When the Student Self-Study Report says (p. 21) that "(t)here is no doubt that if the Alumni Office works in conjunction with the . . . student organizations . . . alumni support will increase," it is an indication to me that not only did the authors of the Report not consult with the Moot Court Board or the Wagner Committee. but that perhaps they did not even consult Dean Hillman. None of the foregoing remarks are intended to express or imply that student self-study reports are anything less than laudable idea; indeed I hope that they shall continue to be drafted on a periodic basis. In future reports, however> it will be necessary to take into account a broader spectrum of interests than was done by the present composition of the Self-Study Committee. In addition, where interests are not directly represented the committee must ensure that all corners have been heard from before shooting from the hip on important matters such as curriculum and alumni development.


In subsequent reports, more attention should be devoted to examining the vitality of the more academically-oriented organizations. ILS. CLS. the journals. to name a few in addition to the two to which I am a member. And conclusory statements about student-administration confrontations should more clearly state who is having them and why they have come about. Individually. as a member of one student organization and as chairman of another. I get along with the administration just fine. thank you.

Donald W. Dickson Chairman. Wagner Moot Court Competition

No Bargain Here To the Editor: Recently. Dean Margaret Beam released the long awaited plans for the use of swimming pool facilities at Manhattan Community College by NYLS students. These plans. however, fall far short of what was originally promised by the administration. What started out as use of full gym, Nautilus. and pool facilities throughout the week at a greatly reduced rate has become use of the swimming pool for two hour blocks of time between IO and 6 on Saturdays only. from Nov. 12 to Jan. 28. For this "privilege". we must pay a "registration" fee of$50. Four of these Saturdays (Dec. 24 and 31. Jan. 7 and 14) are during winter break. when students will be away on vacation. Three of them are during exam periods (Dec. 3. 7. and I 0). when although a swim would be nice. time is probably better spent doing other things. And Nov. 26 is Thanksgiving weekend. when students are more likely stuffing themselves with turkey and/or football and won't get anywhere near- a pool. Thus. we are left with four Saturdays to spend swimming. At two hours per day (the most you can sign up for). we will be paying $6.25 per hour for our pool use. Even at this high rate. it would still be a bargain if the pool was for the exclusive use of NYLS. But it is not: all other members of the community can use the pool at the same time. We are told that negotiations are being continued for the possible use of other sports facilities. Let us hope that Dean Beam is more successful with these arrangements. Otherwise. we may find ourselves playing basketball on an outdoor court during a twelve-inch blizzard in January. and paying for even that privilege.

(Name withheld upon request)

Page9

ADVOCATE

November JO, 1983

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Vietnam: Lessons To Remember by Adrian Calderone The recent United States military involvements in Lebanon. El Salvador, Nicaragua and Grenada have evoked vivid memories of Vietnam for many people. Although Vietnam is not strictly analogous to these situations. there are lessons to be learned from our mistakes that can be applied to our present conflicts. The first lesson of Vietnam is that in order to formulate a clear and effective foreign policy one must first understand a region's politics. America's handling of the Diem regime in 1963 South Vietnam is a case in point. Diem sincerely wished to achieve the land reform he thought was necessary for the stability of his country. However. his ability to act was restricted by pressure from the landowners. the governmental elite. and his own family. Due to the conflicts of interest between him and these other power bases. he was unable to effectuate any land reform. President Kennedy failed to comprehend the strength of the factors binding Diem. He believed Diem was deliberately obstructing South Vietnam's reforms. As a result Kennedy approved a military coup to overthrow Diem. Backfiring. the coup thrust the region into a period of even greater instability. A broader example of the misunderstanding of regional politics can be seen in the failure of the "domino theory". This theory predicted that a communist victory in Vietnam would lead to the downfall of all the other Southeast Asian nations. This has not happened because the Vietnam War was a nationalistic war fought for reunification. · The second lesson learned from the Vietnam War is that the American nation cannot support a cause that does not have a moral foundation. The strength of American citizen-soldiers is their belief in the ultimate goodness of their mission. The American soldiers in Vietnam could not tell the difference between the good side and the bad side. Many of them retreated from their confusion into drugs and brutality. Even conservative Americans wanted to know that their sons were fighting for some noble end. not just to prop up a corrupt regime which happens to be· 'ours". Thus. as a result of the immorality of the war in the eyes of the American people. the nation gradually tore itself apart.

In addition to the necessity for having a moral goal we must have a moral means as well, since an immoral means negates a /rnoral goal. The U.S. used Vietnam as a testing ground for devastatingly brutal high tech weapons. We also established free-fire zones. These were no-man lands and everything in them that moved was destroyed-people, buffalo, pigs, chickens. anything! The rule was, "If it's living. make it dead." Such gratuitous violence brutalized the victims, the American soldiers who had to carry out this policy. and the American public. The third lesson learned from Vietnam is that the American people should question their government's official judgment. The government claims that its judgment is based on extensive information gathered by numerous intelligence sources. But even if the truth is reported. it can be ignored. In the Vietnam War the CIA continually reported to the administration that the war was failing. However. the government constantly claimed to the people that victory was near. We should be especially suspicious when decisive military force is called for. because it is more likely that the troops are being sent to correct a situation resulting from poorly thought policies and failed negotiations. This is not a sign of strength. but of incompetence.

Adrian Calderone, staff member of The Advocate. joined the army after his

college graduation. He served one and a halfyears in the UnitedStates, and one and a half years in Japan. Calderone's college roommate was killed in the Vietnam War.

Confirming Clark by Paul A. Friedman Currently. while all eyes are on foreign policy the United States Senate is considering the nomination of William Clark for the post of Secretary of the Interior. Clark. whose qualifications for this post seem to be that he is a great fellow. a lover of the outdoors who owns a ranch and has a reputation as a troubleshooter. is likely to be confirmed. This is not because the Senate thinks he is the best candidate. Indeed. since he has not answered a single question on his intended policies at Senate hearings. it would be impossible for them

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~rojudge. R~hcr. ~ ~ becau~ Pres~eru Reagan has put the power of his office The Advocate. New York Law School's newspaper was chartered by the Student Bar Association but is behind Senate acceptance and because the independently published with funding: being derived entirely from advertising. The Advocate. printed periodiSenate is composed of a majority of Recally during the school year. rs published by students for the students. faculty. and alumni of New York Law publicans. This is upsetting because. once School. Although The Advocate strives to have a policy of responsible advertising. we do not vouch for the accuracy of our advertisements. again. the Senate has chosen to ignore its Letters and other correspondenceshould be addressed to: The Editor. The Advocate. 57 Wonh Street. duty to advise a president and is merely New York. N. Y. 10013. Telephone (212) 966-3500. Editorial offices are located at 47 Wonh Street. Room going through the perfunctory motions of # 102. New York. N. Y. 10013. The Advocate reserves the right to edit letters to the editor for space consent. requirements. This is not something new. In fact. Entire contents© copyright The Advocate. All rights of republication reserved. For reprint permission write to the editor at the above address. other than two outrageously poor candil!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!~ dates for the Su pre me Court who were

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sponsored by former President Nixon. the Senate has not rejected a president's request for decades. Yet, this time I'm really upset. I'm upset because for the past three years this country has had to put up with the raping of our wilderness lands by one of the most obnoxious individuals this country has ever seen in national office. The outcry against him had been loud and long because of those policies. but only when James Watt made a slip of the tongue was he banished from Washington. It is clear that most Americans hated his policies more than they disliked him. Well. it may be understood that Reagan has ignored the people who have spoken out against Mr. Clark. He has never cared much for "environmentalists" or their ilk. Moreover. he probably sees them as part of a communist conspiracy much the same way he views the nuclear freeze proponents. But. it is amazing to me that even a Republican Senate would blindly follow him one more time. Senators. by and large. are well-read individuals. By that I don't mean they pick up a copy of 1984 by George Orwell whenever they have a spare moment. Rather, they carefully examine polls. So, I find it hard to believe that they are preparing to make the same mistake again that they made with Watt. True, Clark is not liable to put his foot in his mouth the way Watt could be expected to do every few weeks but, apparently, he intends to carry out the same destructive policies that Watt believed in: policies that included holding fire sales on federal property just so he could increase the amount of privately controlled lands and attempting to sell oil drilling leases that spanned the entire coast of California. Meanwhile. Clark refuses to explain what his policies will be. but that is understandable considering that he has no knowledge about the job he is preparing to undertake. Apparently. the Senate has forgotten about the 1980 elections when the majority shifted from Democrats to Republicans because of the wide-spread dissatisfaction with their policies. Finally. while Americans are busy concerning themselves with preventing Reagan from starting a third world war. he blunders onward on the home front. It is sad and frustrating to watch this all take place but it only goes to remind me what candidate Reagan once said and the response it brought. .. Trees cause more air pollution than automobiles." said Reagan. The response was a tree with a sign hung on it that read. .. Stop me before I kill again!"


November JO, J983

ADVOCATE

Page JO

Ranking System (continued from p. ]) will receive an estimated ranking with the preceeding September class as well as their actual class rank. The September Part-time day class will be ranked with the September evening students at the end every year throughout their Jaw school careers. The January Part-time class will receive estimated rankings with the Parttime evening class which entered the preceeding September at the end of every September. The Odd Program Students who will graduate mid-year or at the end of the summer will receive estimated ranks with the evening class which entered the prior September. Margaret Beam. Associate Dean. said the administration will consider changes if there are a significant number of qualified suggestions from the students in response to the new policy. This proposal was recommended because of events which occurred this summer. Cornell Edmonds, President of the Student Bar Association, proposed to Beam this past July that all students should receive an updated rank after each semester starting at the end of their first year. While this was under consideration, Harry Weinberg, American Bar Association/Law Student Division Representative and a Senator of the MYA 1985 class, proposed to Beam that his class should be entitled to an updated rank after their third semester so that their resumes could reflect an accurate status. The MYA classes receive their ranks at the end of the Fall semester and therefore have completed another semester by the time summer interviews take place in September. Although Edmonds' request for a policy change wasn't implemented, Weinberg's request was granted. This led to concern among the students. Their basic objection was that they were not notified that they would be receiving a new rank before they had printed their resumes. To alleviate the problems that confronted some students, the administration gave the students the option to use their first-year rank or the updated rank. However, the administration has indicated that employers were confused by the conflicting rankings.

of

Brian Carley, an MYA 1985 who was affected adversely by the additional rank he received, felt the school played a "rotten trick" on his class. "A rank every semester makes students too competitive and grade conscious," he said. "A yearly rank is a better reflection of a student's capabilities because everyone is entitled to a bad semester." Carley said. However, Mark Badash, an MYA 1985, disagreed: "Jf an MYA is forced to send out a resume that doesn · t reflect his or her most recent academic achievements, then something is seriously wrong with the system." Badash said. Student opinions on the per-semester ranking system are diverse. Jeff Siegel. a second year student, is strongly in favor of implementing a per-semester ranking system. "In the course of a long academic year. one might find one's motivation waning ." he said. "and a mid-year rank would tend to increase motivation ." Meri McCann. an MYA 1986 student. feels an annual rank is sufficient. "There is no reason that students should constantly feel the pressure of being presented with a rank after each semester." McCann stated. "It would only increase competition among the students and I can see no benefit in that at all. .. she said. Kukla Broekman, Acting Placement Director, is strongly opposed to a per-semester ranking. She maintains that this would put an increased emphasis on rank which is unwarranted because it is mainly the Wall Street firms that are concerned with ranking. "On a practical level, .. Broekrnan said, "to reflect an accurate rank, students would be forced to revise their resumes which would be very expensi ve. Broekrnan feels that students should have an opportunity to comment on the new ranking system before it is finalized. This controversy forced the administration to reconsider Edmonds' request for a per semester ranking. This became the basis for the present recommended ranking scheme. Those students opposed to the new ranking system should submit complaints and suggestions to Beam. If students do not express their opinions the recommended ranking system will be implemented.

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ADVOCATE

November JO, 1983

Retention (continued from p. I) services, including a retention program. Rodriguez said that after the meeting, Simon asked for a list of a "half-dozen" students, from which he would pick three for the committee. When asked if she thought the students should be allowed to pick their own committee members, she said her primary concern was that the administration take action. "Many students attending the meeting were shocked that the administration admitted that no support services were available for students on .academic probation," Rodriguez said in an interview · with The Advocate. She added that many students were also surprised that Simon

"refused to do anything until the litigation is resolved." This could deny student access to support services for at least another year, Rodriguez noted. "But now the administration has no excuse. They cannot claim ignorance of the problem, and have been made aware that they will be held accountable both for the students they accept, as well as for those they dismiss," Rodriguez said. Lack of Awareness Cited At the meeting, Simon requested specific ideas and grievances about support programs. Cornell Edmonds, Presi1 dent of the Student Bar Association, questioned the deans about their apparent lack of awareness of the need for a retention program. Edmonds said that the idea was first discussed in 1980, when the need for such a program was documented by a

BALLSA study. Edmonds said that other schools have implemented retention programs and challenged Simon's reluctance to make a commitment to such a program. "It can't be put off until the pending litigation is resolved," Edmonds said. Several students asked what programs the school presently offers to students who are encountering problems with their studies. One first year student said that he was unaware of any such program. Simon admitted that, "I don't think we have anything in place" for students with academic problems. Beam said that some individual professors will go over their exams with their classes, or with individual students, and also pointed out there was a program in 1982 run by the law journals to help first year students.

Page I I Immediate Action Samuels emphasized the role oJ teachers in helping students with academic problems, and the importance of students counselling each other about courses and teachers. He said that it seemed the students were saying that "the teachers are not adequate" to cope with the problem. He also said he. thought the new Legal Methods course had done a lot to help first year students to adjust to law school. Many of the students were not satisfied with this, and pressed for some immediate action. Armstrong suggested that the students develop a policy through the SBA and present it to the faculty and administration. Simon then suggested that the committee be formed to develop ideas for support services.

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by Phillip Essig Students entering New York Law School after next semester will hopefully be greeted by a newly created faculty liaison program, according to Caryn Golub, Chairperson of the SBA Committee on Student Counseling and Services. The proposed program, which has been developed by Professor James Brook and Golub, is designed with an emphasis on increased student-faculty interaction. The proposal will provide informal counseling to individual students on a continuous basis. Procedures will be established for faculty members to assist students at specified times during the year, for example during course selection and registration. Under the proposal. the administration would appoint one faculty member, who is teaching a first year section. as a faculty liaison. Effort would be made to recruit other professors, who are not teaching first year courses. to serve as liaison assistants. Once appointed, the liaison will have a specified set of obligations. One of the obligations would be _that the faculty liaison should be reasonably available to students. Other obligations would include holding meetings with students at particular times, setting regular office hours for liaison activities, and conducting a review of the program with the input of the first year section. The program would also require students to cooperate with and to take advantage of the program. Students should attend as many scheduled events as possi- , ble, keep appointments with faculty liaisons, and provide photographs of themselves to the liaison. The motivation for this program was a perceived student interest in greater faculty involvement with the student body. The issue was raised at a faculty meeting early this year. several alternatives were discussed and, although no agreement was reached on a final program, B_rook assumed the task of developing the suggestions into a more concise proposal. The current proposal, which received a unanimous vote of support from the SBA Senate on November 2. soon will be presented to the faculty for a vote. If approved, the program could be implemented as soon as next semester.


Page 12

November JO, 1983

ADVOCtfl'E

responsibility of corporate management is social need, and not just the literature of to maximize long-term profits. He doesn't Thorstein Veblen or John Kenneth Galthink profits should be diverted towards braith. Multinational corporations present another problem. To claim that their manathe British Raj were coercive. Modern A- public interests, charities, scholarships. hospitals. etc., because this distorts the gers owe their primary allegiance only to merican society is clearly not. One is only obligated to obey a valid market mechanism and diverts capital to the stockholders may lead to disaster. Who will defend the people of the Third World law. In American society. that depends on less profitable enterprises. The basic service of business, he says, from the rapacity of an industrial society whether the law is constitutional. Rostow is the production of goods and services at seeking more resources? The stockholders? believes that to challenge the constitutionality of a law is not a form of civil disobedi- the lowest possible cost, and at prices The governments? Or the Marxist revoluwhich measure the comparative pressure of tionary who solves the problems by exproence. priation? Rostow accurately and fairly presents the consumer's choices. The wise corporate manager may view Rostow opposes neither trade unions the arguments in favor of civil disobedience , which he then refutes with philosophy. log- nor collective bargaining. He believes that it in the corporation's long term interests corporate management should take a civil- not to be too enamored with profits. ic. and law. In conclusion, what Rostow regards as Rostow is really talking about the ized and democratic interest in the morale 1960's. Evidently he was quite alarmed by of the employees, by treating them with the ideal in the law is limited to law as a procedural mechanism. Law is a very good the barbarism finding its way into American dignity and respect. There are dangers in distorting the tool. If one expects no more from it than society. especially in the college elite. market mechanism. But corporate contri- that it works, then one will not be disapThose were troublesome times. indeed. And some of the protest was not done out of butions to public interests arise from a pointed by Rostow's legal idealism. sincerity, but simply for excitement. as if it was a political joy ride. Rostow's prose comes to life when his dander is up: "It has been intoxicating for young militants to realize that, for a mo- First Sunday Afternoon at the Metropolitan Museum o.f Art ment, they can paralyze cities and instituPerfecting the exhibit tions. and provoke situations of riot and For touring the Met siege. But they discover too that even the I straighten up my frame most tolerant and permissive societies do not submit to their own destruction. We are It is the day of observance slow to anger. but hardly meek.'' By their consent the American people Art and the Artist have established a social contract which has Observed inseparable. as been reflected in the law. Breaking the law I and Me is a breach of faith, not to the government. Come to see. more importantly but to society. To be seen. A problem arises when procedurally valid laws violate someone's sense of jusAbove Me tice. Law may be comprehended through In the wings the intellect, but justice is intuitive. Civil I am startled by a portrait of revelation. disobedience is as much an affair of the My blindness is in relief. heart as it is of the mind. We know that Rostow decries anti-intellectualism. But to Life from ancient culture: really understand the civil disobedience of Clinging barnacles survive with the I 960's, one must also approach it on a ¡ Breathtaking impression on the wall. gut level. In the I 960's student protest erupted Self-indulgent parasites: from frustration and resentment. Students We check mink coats and make-up believed in the ideals of the law and governIgnoring history, ment, especially after the "Camelot" era of Portrayers of our own time. the Kennedy administration. After the carnage of Vietnam, the constant stream of lies Our skin won't turn from the government, the spying on civilto canvas ians who opposed official policy, students Nor our busts could not help but feel betrayed. to bronze Today students are more savvy and much more cynical. People are inured to the The quest for government's lying. We almost expect it. Immortality Gone is that sense of naive indignation. Surrounds us: Without it civil disobedience loses its roSealed in a granite sarcophagus, mance. Herein lies the irony. Emotional All that remains. idealism puts justice before law; intellectual idealism puts law before justice. Paul L. Friman Another topic Rostow addresses is January 9, 1983 corporate management. He argues that the

ARTS AND LEISURE Rostow's America The Ideal In Law Eugene V. Rostow University o.f Chicago Press, 1978 by Adrian Calderone Rostow introduces his essays by defining the law as "the way each culture seeks to fulfill its ideal of justice-through procedures it deems fair to reach results as close to being 'just', in its view, as circumstances permit." He calls this "legal idealism", which is an appropriate term, because his essays clearly project an optimistic view of American law. The tone is one of profound respect and admiration for the legal process and what it can achieve. There are four main topics: Custom Versus the Ideal, in which Rostow discusses the negro in American law: The Obligations of the Citizen, in which he writes about civil disobedience: The Ethical Problems of Economic Policy. in which he discusses competition and corporate management: and Force and Morals in International Relations. in which he discusses the U.N. Charter. (I will not discuss this last subject.) The first essay addresses the problem of blacks in American law. He analyzes the Dred Scott decision to show the role of the law in the social process in the formation of law. If we adopt an idealistic view of law based on this essay we should conclude that the American legal process was a motivating force for the abolition of slavery. If the law is merely a reflection of other social factors then the importance of legal idealism in ending slavery diminishes. Rostow says that slavery in America was a "large-scale adaptation of the ancient tradition of slavery to the imperative demand of the New World for manpower.'' If the demand for manpower was a motivation for slavery, it would seem that slavery was abolished because its economic foundation was destroyed by the Industrial Revolution. Rostow has neither shown that law was anything more than a tool, nor that the men behind the law were more principled in the late I 800's than they were before then. In other words, slavery was abolished by means of the law, but not because of the law. Rostow's legal idealism is limited to seeing the law as a procedural framework for social change. In the second essay, Ros tow presents an argument against the morality of civil disobedience. He doesn't¡ distinguish between violent and non-violent protest as forms of civil disobedience. He believes that both forms lack a firm moral basis. Rostow qualifies his position by saying that the moral imperative to obey the law depends on whether one lives in a society where the people freely give their consent to the government through fair elections. Thus it is useless to cite the Nurernburg Trials, or Gandhi's teachings as defenses for the morality of civil disobedience. Both Nazi Germany and India under

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November JO, 1983

Page 13

ADVOCATE

along with the soft light from the individual lamps placed on each table, set awarm mood that lasted throughout the meal. The menu is just as much a work of art. Though simply planned, it is diverse. Le Saint Jean des Pres I began by perusing the five or six 112 Duane Street choices of both the hot and cold hors608-2332 . doeuvres. ranging in price from five to Monday-Friday: Lunch & dinner eight dollars. They include such delicacies Saturday: Dinner as gazpacho, bone marrow, and tomato Closed Sunday stuffed with shrimp. The main dishes inExpensive clude four poissons and a chateaubriandReservations Recommended for-two ($35). However, most of the en***\Ii trees range between thirteen and twentyby Vladimir Persil two dollars. More often than not, the typical In addition to the regular menu, there NYLS student's lunch consists of a sandwich bought at Gil's, or a slice of pizza are also speciales du semaine, as well as an from down the street. As for dinner, a few all-inclusive menu du jour. On the night brave souls make the trek to Chinatown. we were there, the daily menu included but as the days get shorter and colder, salad with stilton, leg of lamb with fresh fewer and fewer people feel like walking mint. dessert from the dessert cart (more even that short distance. about that later'). and coffee. At only seSo, for those people who don't want venteen dollars, it is worthwhile. to travel far for a great meal whether it With our cocktails the waiter brought a beautiful platter of fresh vegetables be lunch or dinner. I recommend sampling the fine restaurants that have sprung up in around a delicious dip made from mild and creamy roquefort. TriBeCa. One such restaurant, just recentI chose both my appetizer and entree ly opened. is Le Saint Jean des Pres and from the weekly specials. I started with situated only two blocks from NYLS at I 12 Duane Street. between Church Street mousse of quail with cognac ($5): two and Broadway. egg-shaped mounds of delicate pate, arThe restaurant is of Belgian origin. ranged with fresh vegetables in a beautiful the first American branch of a chain of platter. The mousse was excellent: light eight in Belgium. Both the food and the and smooth. and not overly salted. The atmosphere reflect these roots. The room hint of cognac blended well. and the freshis paneled with red lacquered wood: above ly made melba toast was the perfect base the paneling are hand-painted scenes of on which to spread it. Brussels and lazy beaches. The glow of the My companions were pleased with large brass chandeliers off the red woods. their fare. One had the sliced marinated

Belgian Rom_ance

salmon in virgin sauce ($8), the other started wtih shrimp scampi with basil ($7). The salmon was delicately covered by a sweet onion and basil vinaigrette. The restaurant gets the best fresh fish from the nearby Fulton Fish Market. The sauce was light enough not to overpower the delicate flavour of the fish, and the basil was the best herb to evoke that flavour. The scampi was the only hot hors-d'oeuvre tried, and it too was good. My entree was a thickly sliced salmon filet with leeks and Belgian endives, surrounded by very lightly sauteed carrots and zucchini ($17). It was lightly covered by a very thin veloute, and was accompanied by a generous portion of mashed leeks. Too often fresh salmon in restaurants is frozen, but not here. It tasted like it had been netted from the sea only an hour before. It was the best salmon I have ever eaten. The friend who began with sliced salmon chose the veal filet with roquefort sauce ($22). This is one of the specialities of the house. I have never seen medallions of veal that were so thick, yet so tender. They melted in the mouth. The roquefort sauce had the same delicious characteristic as all the other sauces: a delicate lightness. Too often the sauce that covers a dish overpowers and masks the true taste of the food. At Le Saint Jean. this doesn't occur. The veal was acocmpanied by the same crisp. tender vegetables that came with my salmon. as well as crispy potato puffs that were slightly too doughy. Finally. the third memberof our party opted to try the waterzooie de homard au petits legumes ($15). Waterzooie is a thick

bisque/stew of lobster, scallops, and vegetables that is a national dish of Belgium. The dish has lost nothing in it migration to Duane Street. The chunks of seafood were tender, and the bright orange bisque was rich and hearty. To accompany our meal, we selected an excellent Chateau Franc Bigarou, StEmilion Grand Cru 1978 ($20). The 1978 St-Emilion is a classic Bordeaux and certainly would cost much more uptown. All three meals were satisfying, but when we saw the dessert cart we couldn't resist. There were at least a dozen different items to satisfy our sweet tooths, and I'm very tempted to return just to sample those I didn't that night. Some of the desserts are made on the premises, while the rest are flown in daily from Brussels. We tried the chocolate mousse with chocolate bits, Belgian chocolate pistachio cake. and Belgian almond cake. The mousse was feather-light, with chunks of bittersweet chocolate that let the flavour of the mousse linger. The first of the two imported cakes was a chocolate gateau with pistachio flavouring. moist and light. The second was rich in almond flavour. and was just as decadent. Service throughout the evening was good: most of the waiters are natives of France and Belgium. so the opportunity exists to show off the French you haven't used in a long time (don't worry-they speak English as well!). Le Saint Jean des Pres is not an everyday restaurant. For that special occasion. when you are in the mood for true haute cuisine south of Canal Street. walk the two blocks to Duane Street: you won't be disappointed.

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Page 14

Placement Survey (continued from page 1)

ADVOCATE

Simon Interview

very sensitive to the fact that we do not have proportional representation on the faculty of minorities and women. I think that I'm certainly aware of it. And I think we have to continue to be sensitive to it. No. I'm not satisfied.

November JO, 1983 have reason to be hopeful, that there can be a meeting of the minds between this institution and the plaintiffs so that the litigation will be unnecessary. I am guardedly optimistic. I think it is in the best interests of all concerned that there not be litigation.

What will be your role when you Q: Should students be represented on Q: return to the faculty? Do you expect to the Faculty Appointments Committee? think the new director should be paid a A: Well, I don't know. I know that cer- stay very active? high salary. Over seventy percent of the ments in terms of the goals not reached I'm going to be an active member of tain schools do have them. I think there are A: students wrote that the person should have during your tenure? The institution should become more . strong feelings on the faculty both ways on the faculty. I would expect to begin reexperience, ability, and a desire to work at A: NYLS. A few students suggested putting responsive to its constituents. That in- this. I'd like to hear more. I think a case search on my new book. It's been so long an incentive clause in his contract to re- cludes administration and staff. faculty could and maybe should be made to the ago. only about seven or eight months ago I signed a contract with Simon and Shuster ward the director for placing a certain and students. I am aware that a lot of faculty that there should be some student to do a book on the personal and profesrepresentatives and I'd like to hear it. number of students in permanent jobs. students feel that they are still not respondsional relationship of Justices Black and The students set two priorities for the ed to effectively. that the school doesn't Having served as both a professor Frankfurter on the Supreme Court. And. I new placement director. Most important- seem to be alert to their needs. I don't think Q: ly, they felt the director should make an I've done a great deal in that respect. I've and now a Dean, what do you see as the have done virtually nothing on it. effort to help all NYLS students find jobs. tried to get the Student Center into shape. I role of NYLS in terms of how it fits into Eighty percent of the students surveyed have appointed students to some faculty the New York City Metropolitan area and nationally as well? Where do you expressed their frustration with the current committees. which I think is good. see it in five or ten years? Placement Office's policy of exclusively Q: Which ones? Anyone interested in playing ICE A: Generally. I see this law school in helping students in the top fifteen percent A: Placement, I think curriculum. And of their class. Several of the surveys said admissions, that's still up in the air. I five years as being firmly established as HOCKEY. please contact Daniel Greenthat these students do not need the help. A haven't appointed the admissions, but I'm one of the very top law schools in the berg by leaving a note in his mailbox in the metropolitan area. I think we're closer student lounge, or contact Charles Norris few students in the top fifteen percent disgoing to. I am about to appoint another now than a lot of people give us credit for. at The Media Law Project office. Do it agreed. committee on Student Services. which . including some students. We have an ex- now. we need the players!! Many concrete and inexpensive sugwill include members of the administracellent faculty which would rate very highgestions were offered. There could be tion. the faculty, and students. We'll get ly with almost any across the country. seminars to develop both interviewing input on what ought to be done. We're not a Harvard, Stanford. or Uniskills and resume writing, and to explore versity of Michigan. but I think our faculty career alternatives. The Alumni AssociaQ: Will the incoming Dean address is of a very high caliber. I think our student tion should be contacted to help counsel those areas? students or offer jobs. A placement library A: I would hope so. I don't think we are body is of a very high caliber. Better than even the students give it credit for. And I could be developed. which would include as responsive to students as we should be. see it only improving dramatically under employment directories of alumni, speThere's been some talk that the the leadership of Dean Ros tow. cialty firms, and smaller firms and regional Q: HAPPY BIRTHDAY JOHN! listing, especially in New Jersey and Con- class of 1984 has sort of fallen through Should the students seek a greater necticut. Books on alternative legal ca- the cracks as far as Placement is con- Q: reers public service law and corporate cerned. The Placement Director left, voice within the institution? I think the students' concerns should practice could be included. Extended of- and there have been fewer groups re- A: be heard. and if they're not being heard. fice hours would allow evening and part- cruiting on campus this year than last. then they should seek a greater voice. If we Are you and Dean Bruce and the Placetime students access to the placement didon't know the students' needs and wants, ment Committee aware of these probrector and the office's resources. then absolutely. As translated into a specThe second priority of the new place- lems? • 8112x 11 Feedable Originals ific governing structure. it's something A: \\e are absolutely aware of them. ment director should be to improve the • Student.or Faculty l.D. First of all, we've got a very strong faculty that I think should be given a great deal of image of NYLS in the legal community. •RESUMES Forty-four percent of the respondents felt placement committee, which is chaired by thought. However, I think absolutely if that their chances for a good job were Professor Bruce. And I think they are students are not being heard, or even if hindered by a negative perception of the probably, as a committee, more active they perceive they're not being heard, •APPELLATE than any faculty placement committee has that's a problem that has to be managed. school. The new director should "talk up'' REPRODUCTION the school, and must try to convince law been. They're quite aware of the probWhat were your personal reacfirms that NYLS students are just as ca- lems. The Associate Placement Director Q: COURTHOUSE COPIER pable as other New York City law stu- Keukla Broekman is very aware of the tions when you learned the school was 40 LAFAYETTE STREET (Near W:>rth St.) problems and tells me about them all the being sued (Ed.-see story, page one)? dents. 619--4260 766-4046 How are you responding to it? In addition, twenty-five percent of time. I'm very aware of them. First of all, as you can appreciate, I don't see that the class of 1984 is A: 8:30 a.m. to 8 p.m. the students felt that the Placement Office's focus on- Wall Street-type firms falling between the cracks. Whether we've it's a fairly delicate matter. What was my got the operation the way we want it, the reaction? Concern. I am hopeful, and I should be expanded to include medium-tosmall firms, Connecticut and New Jersey answer is no. We don't have a Director of firms, administrative agencies, public in- Placement. That's an important position terest groups and corporation. Law related and we want to take care to fill it with the jobs should also be included. Thus, the very best qualified person we can find. 150 Nassau Street-Suite 2038-NYC 10038 Placement Office would increase the num- We're taking a look at the operation gener( 1 block from City Hall & Pace University) ber of students hired, and also expose ally. The Specialists in Clerical Support I can see the students saying, "Yeah, students to areas of law previously unconServices and Temporaty Placements: this is just talk and so on-either nothing sidered. -manuscripts-resumes-automatic lettersis going to be done, or it'll be done after Over forty percent of the students -mass mailings-tape transcriptions-financialstatements -selection of type-legal, accounting were dissatisfied with Placement Office we' re gone." I'm aware of the frustrations insurance transcription staff. The students said they perceived a for them. Which in a sense are frustrations •TYPISTS lack of concern for the students and a lack for me too. These things do take time. •TELEPHONE ANSWERING SERVICE•MAIL ADDRESS of professionalism. These students further SERVICE•MESSENGER SERVICE•COPYING SERVICE said that they hoped the hiring of a new Q: Regarding the Faculty Appoint•COMPUTERIZED RECORD KEEPING & DATA STORAGE placement director and new support from ments Committee, there's been some •BOOKKEEPING•PAYROLL•TEMPORARYPLACEMENTS the administration would remedy these discussion of the lack of minorities on MENTION THIS AD FOR A 10o/o DISCOUNT problems. the faculty. Are you satisfied with the OFF OUR REGULAR LOW PRICES The Advocate thanks Professors . present diversity of the faculty? Clem, Jonakait, Komgold, Perry, Rosen- A: I wouldn't say I'm satisfied. I'm satPrompt pick-up & delivery service 24 Hrs. 7 days a week feld, and Silfen for their support, and the isfied that we have a highly qualified faSAME DAY SERVICE!! students for their thoughts and comments. culty. I think we ought to continue to "be

(continued from p. J) Q: What are some of the disappoint-

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November JO, 1983

Page 15

ADVOCATE

Criminal Law

ORGANIZATIONS

L.S.D. Update by Harry Weinberg The Second Circuit of the Law Student Division (L.S. D.) held its Fall Roundtable in Atlantic City on October 28. At the Roundtable the L.S.D. representatives from each school in the circuit (all New York law schools). got together and discussed membership activities. proposals. and resolutions to be brought up at the Annual Meeting, and general activities of the Division. NYLS has the second best percentage of Division membership in the state, 46 percent. Of course this number should be increased; in Division politics. numbers mean strength. This is reflected by the number of liaison positions offered to a school, the success or failure of a school's proposals or resolutions and a school's ability to obtain L.S.D. matching funds. LIAISON POSITIONS I have posted information regarding liaison positions on the L.S.D. bulletin board in the lounge at 47 Worth Street. Any student who is a member of a Section of the ABA is eligible to apply for the position of student liaison to that committee. Liaisons participate in the business and activities of the various sections and get involved in serious and rewarding academic work. For more information, please read the material on the SBA bulletin board or see me. RESOLUTIONS If anyone has a suggestion or a problem which should be highlighted or brought to the attention of the Law Student Division, this may be achieved by writing a resolution and having it heard before the full assembly at the annual meeting in August. Resolutions may concern procedural matters regarding the Division or substantive matters of law of concern to all law students.

Media Law Project

For example, a resolution sponsored by Phil Russell of Brooklyn Law School dealing with law student access to federal prisoners was· passed at our last annual meeting. The resolution addressed the problems law students working for attorneys who represent prisoners have in gaining access to those prisoners. As a result of the resolution, procedures are being changed and problems are being solved throughout the country. This is the positive effect law students can have through the Division. If you have ideas or proposals. see me. VOLUNTARY INCOME TAX ASSISTANCE PROGRAM The L.S.D. sponsors a VITA program which it would like to become active. Students selected to participate in this community service will receive some training from the IRS. The program will be advertised in the community and students will help individuals prepare their income tax forms. The program has been a great success at other law schools and would be a great opportunity for us to provide community service. I am looking for a student with a tax background to chair the program. Interested students please contact me. PARTY There will be a L. S. D. membership party before Thanksgiving. Those of you unfamiliar with the activities of the L.S. D. can get more information here. There will be a speaker from the ABA to discuss their activities. If you have not joined the L.S.D .. remember it's only $8.00 for a year's membership. For this fee, you will get subscriptions to the ABA Journal. Student Lawyer and the opportunity to join any of the ABA' s sections at a reduced fee. Additionally. you will then be eligible to apply for a liaison position. For information on a~y of the above please contact me at the SBA office.

by Charles Norris In the wake of the November 3 Media Law Project's successful panel discussion entitled "Law and Athlete Representation'", the organization is moving to provide the law school community with information on and exposure to the diversified area of media law. Several projects are currently in the planning stages. Ron Korybski is heading· a sub-committee which will formulate and publish a journal to be called "The Media Law Project Newsletter''. The Newsletter will provide a forum for debate and will examine a broad spectrum of issues in the news. science, law. and other media related fields. On Saturday April 7. 1984. the Project will present a day-long symposium on law and the theatre which will cover contracting for the theatre and the actors. obtaining the rights to the book and financing a theatrical production. among other topics. Additionally. panel discussions on satellite communicatios and videos (M-TV) are in the planning stages. Interested students are urged to stop by the Project's office located in the student lounge and to attend the meetings held in BB6. at 5:30 p.m. on Wednesdays and Thursdays. The Project seeks- to respond to the needs of the student body. but can only do so if students participate.

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The New York Law School chapterof the National Lawyers Guild and the Urban Law Society will present a Tenants' Rights Symposium on Saturday. November 19. 10:00 a.m.-4:00 p.m .. at New York Law School. Tenants. students and future attorneys should become aware of the issues and legal strategies of tenants· rights. The keynote speaker will be Frank J. Barbaro. who will be discussing the tenants' struggle for survival and the legislative process. Barbaro. a state assemblyman for fourteen years and a candidate for mayor in 1981. has been an avid sponsor of tenant protection legislation. There will be four workshops in the morning and four more in the afternoon. Topics include: gentrification. the Emergency Tenant Protection Act. the FlynnDearie bill. the homeless. housing discrimination. repairs and services. how to organize your building. and loft law. An Eric Lewis video entitled. "Where Can I Live . . . the Story of Gentrification'' will be shown during the lunch break. Discussion will continue over wine and cheese. Everyone is invited to the symposium. For more information contact Sherri Donovan. National Lawyers Guild office. room 107 in lounge. or Ruth Roberts. Urban Law Society office. room 104 in the student lounge.

Society As a follow up to their very successful forum on Police Brutality, the Criminal Law Society plans an event with the distinguished Professor Stanislaw Waltos as the speaker. Waltos taught at Jagellonian University. Krakaw, Poland. Anyone who wishes to join the Criminal Law Society. or wishes to help offer ideas for future events relating to criminal law. or just talk about criminal law is encouraged to stop in at our office. room 103 in the student lounge.

BALLS A The Black and Latino Law Students Association is pleased to announce a few of their upcoming events to be held next semester. There will be activities scheduled for Martin Luther King. Jr. 's birthday. There will be a conference on the topic of Hispanics and the law. And. some films concerning blacks and Hispanics in the legal profession will be shown. For further information please contact BALLSA. in their office. room 104 in the student lounge.

Thornton Interview· (con inuedfromp. 5) Further. I don't feel uncomfortable comparing us to any of the local metropoli- tan law schools with the possible exceptions of Columbia and NYU. Once you get beyond Columbia and NYU I don't find anything for us to apologize about. The question is. How do we maintain this momentum in the face of what is going to be a decade of increasing competition if one looks at the demographics of student populations? The law school population has already peaked. and the demographics look worse in the Northeast than in other areas of the country. That·s going to affect our colleges. It's going to be a difficult decade for private colleges. CORRECTION In the interview with Chairman of the Board of Trustees John V. Thornton. in the October 10 issue of the Advocate. there was a typographical error which changed the meaning of one of his answers. In response to the question. "How do you perceive Dean Rostow's role at the school?", the answer read in part. "Now. that doesn't include things like fundraising and relations with external constituencies ." The answer should have read. .. Now that doesn't exclude things like fundraising and relations with external constituencies." We apologize to Chairman Thornton for this inadvertent error. We wish to make it clear that Chairman Thornton said that · 'fundraising and relations with external constituencies" are two important aspects of Dean Rostow's job.


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ADVOCATE

November JO, 1983

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