The new york law school reporter march 1990

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The New York Law School

Vol. VII Issue IX

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COST FREE

•March 1990

Faculty Retreat Explores Long-Range Goals by Daren R. Domina On February I 0 and 11. the New York specialize in certain areas of the law such Law School faculty retired to New Jersey as real estate. Another topic of curriculum for an intensive two days of discussions refonn involved the acquisition of the involving the long range plans for the legal skills program. school. Donald Zeigler, Assistant Dean for The five member committee of Profs. Academic Affairs, felt that the retreat was Rothschild, Strossen, Sherwin. Perlin and a productive and useful effort which Cerruti has been examining this particular helped educate both current and new fac- aspect of the curriculum for over seven ulty members. The faculty concentrated months. The committee has drawn up a on four major topics: students. faculty. one hundred page proposal which was pregeneral curricular issues and the proposed sented to the faculty during the retreat. legal skills program. According to Professor Nadine Strossen. For each ubject. one or two faculty the com;;,ittee · s proposal generated a members made a brief pre entation which "great deal of support'" at the retreat. The introduced the issues to be addressed. The faculty will approve the numerous reforms faculty then split into small discussion in gradual stages. Depending upon the groups of ten or so to more fully develop speed of faculty approval. these substanthese issues. One faculty member from tial curriculum changes will probably be each group would then summarize the initiated with the mid-year class entering group's ideas to the entire faculty. An January, 1991. open discussion with questions and anThe aim of the new legal skills program swers would follow. To generate more will be to improve the current level of prnducfrlie disl:ussions, groups v.ere 10- practical lawyering ~kilb acquired during tated for each topic. law school. A unified program will be Two of the areas concentrated on in- adopted with new courses being added and volved the student and faculty bodies. existing courses revamped or dropped. Broad questions such as "who are the stu- Mediation, counseling and interviewing dents?" and "who ought to be the stu- skills will be emphasized. The program dents?" were considered. The faculty dis- will utilize a variety of different teaching cussed the importance of not ignoring the approaches such as simulation. workshop great bulk of students who are academi- and small group interaction. These propcally somewhere in the middle of their osed changes to the curriculum are planclasses. The diversity of the student body ned to be phased in gradually. depending and faculty were also examined with atten- upon faculty approval and the praction on minority recruitment strategies. ticalities of implementation. As of now. Student involvement in various faculty many specifics of the proposal need to be activities and committees was proposed. worked out. Although many faculty members feel that The first phase of the program will instudent input would be valuable. others volve the hiring of a Legal Skills Training dislike the idea. Since this issue is not of Director who will administer the initial pressing concern to the faculty. progress stages of the phase-in. The first phase conin this area seems unlikely without student centrates on required first-year courses. pressure. Specific committees for various The Legal Method class will be replaced offices of the school, such as the Place- by a two semester required course which ment Office, were also tentatively prop- will use various teaching methods to osed. This would involve the fragmenting familiarize stUdents with practical lawyerof the Student Services Committee which ing skills. Students will be broken into currently oversees the various programs small discussion groups which will be diand offices dealing with students. rectly supervised by an instructor. The General curricular issues were also ad- Legal Writing & Research course, as part dressed. One issue involved the concentra- of this new program. will also undergo tion program, which would allow students to Continued 011 page 9

Camouflaged-The Reporter stakes out the faculty retreat.

Student Conference Promotes Strategies For a Diversified Legal Community

By: Christine R. Clark Over the weekend of February 16-18. 1990 Anne Aycock. Fran Chan. Tracy Kohlman. Risa Proctor. Larry Siry. and Dan Simmonotte had the opportunity to participate in a National Law Student Conference entitled "Unequal Treatment Under the Law.. sponsored by the National Lawyers Guild. The City University of New York. and a number of law student groups representing diverse ethnic groups and interests. The conference was held at CUNY Law School at Queens College and addressed issues dealing with racism, sexism. classism and homophobia in U.S. Law Schools. It was the first inajor project of the newly formed National Coalition for a Diversified Legal Community, which has as its goal. the strengthening of the national law student movement. in an effort to diversity law school faculties. student bodies and curricula. The conference offered lectures and workshops designed to provide students with practical know-how on how law schools can reform tenure criteria and admissions policies and expand curricula. Noame on the lamb (readers revolt) 3 Workshops were held after lunch on Saturday and Sunday. Participants col)ld NYLS Dances to the Latin Beat . . . 8 ::hoose from several topics including: ..DiSBA Election Coverage (candidates up close and versifying Faculty", ..Student Diversity in Law Schools," "Expanding Law School personal) 10 Curriculum to lnclude the Perspectives of People of Color, Women. Lesbians and 12 A .J. Wollerman the raving reviewer Gay Men, and the Working Class" or "Dealing with Exclusion & Discrimination: 14 Republicans-jackasses about abortion Responding to Bias-Related Speech and Bias-Motivated Behavior in Law School". This is an overview of the latter workshop. --~~~~~~~~~~~~~~~~~~~~~~~~~~~~--'

INSIDE THIS ISSUE:

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Ja:iet Caldwell. a member of many organizations dedicated to racial harmony and justice is also the program Associate at the Center for Democratic Renewal in Atlanta GA. The Center is a 10 year old. small non-profit association which monitors. researches and analyzes white sueremacist and extremist activity. Its aim is to educate and assist people in dealing with racism and also to raise consciousness levels concerning these activities. The Center publishes The Monitor which contains information covering a wide range of racist, anti-semitic. and far right activities. Ms. Caldwell addressed the identification of hate-group activity on campus and the deyelopment of an effective response. The Center has on file some 1500 named hate group organizations. She noted that the Justice Department lists around 240. Her discussion, however, emphasized the belief that it should be recognized that there is no difference between organized hate groups and random attacks by unorganized individuals. The issue is not whether there is an organized group such as the Nazis or the KKK or whether they have made their presence known by posting signs because it is individll'lls who carry out the "agenda". As to campus activity, the Center has noted a sharp rise in bias-motivated behavior. Statistics from the Center and those kept by the Government were cited. However, Ms. Caldwell <.:c>utioned that expecting and desiring stati~cics on precise numbers of incidents has ti1e undesirable effect of conveying a messa;.:-e that th nr~ Contir.u

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On Restrictive clauses ...

NEW YORK LAW SCHOOL REPORTER

Racism:

•MARCH 1990

Put politely by one commentator, The Reporter was an underground organization which had placed several well-known Law School characters in incongruous settings where they engaged in activities clearly antiethical to the accepted Law Student world of scrubbed faces, bright smiles and happy endings. It centered around a rather bawdy depiction of Law Students as active members of a free thinking. promiscuous drug ingesting counterculture!

To: The Editors The February 1990 issue of the Reporter contained an editorial and an article addressing the restrictive clauses in three student organizations' constitutions-ELSA, LLSA, and the Christian Legal Society. and make them realize that there is a seriAlthough Mr. Augoustiniatos wrote a reFirst of all. I would like to say that I ous problem that needs to be addressed. latively evenhanded a·c count of Mr. appreciate the responses. both positive and It just so happens that I decided to shock Schnabel's crusade to protect the rights of negative, that I received in regard to the the Jaw school community with the truth. the oppressed majority at New York Law controversial article that I wrotf:. '1fl racism The statements were not inflated or exaggSchool, the "editors" of this publication and insensitivity that was published in the erated for effect. nor were they false. They evidenced their continued pursuit of jour- Reporter. I would like to thank the editors were the plain. simple truth . I, more than nalistic mediocrity. for giving me the opportunity to voice my anyone else, wish that the statements were The Reporter claims to be, '"the true opinion. false. I am not here to make friends or champion of freedom and the last bastion In some respects, I am saddened that spare feelings. I am here to try to make a of justice . . . . " However. I submit. that there were many people who questioned change by exposing the truth and making fre.edom and justice are both in the eyes of the statements that were printed and there people aware of a bad situation that needs the beholder. First and foremost, it seems were still others who thought that they to be remedied. most curious that the editor and the "Even- were totally false. The people who made I do not ever intend m hide behind the ing Editor" should reach a just disposition . these insensitive statements recognize them- cloak of psuedo-intellectual by throwing on the Christian Legal Society's position selves,andtheyknowwhotheyare. Iknew around statistics and polysylable words to on its own constitution or any other topic the article would be explosive and I made prove a point that is or should be obvious when no visible attempts were made to a conscious decision not to print any to anyone who has not been living under a contact me or any other member of the names . Therefore, I am totally responsible rock for the past decade . The New York organization. It is further questionable that and willing to take the backlash resulting Law School community has enough of the a reasoned point of view could be reached from the article. aforementioned type of people. I think that Some people were offended by my use these people should come down to earth under the influence of "a few drinks .. , Under such circumstances. it is quite un- of profanity. I would like to know whether and face the real problem instead of trying derstandable how the editors .made their it would have made them feel better had to win awards for who can best put the next mistake-they thought. Thinking and I used sweet euphemisms and four syllable problem down on paper. drinking diminishes one's capacity- words. Nothing is accomplished when we I would like to recommend to the people especially when the participant is a self try to disguise the problem with syrupy who thought that I was too scathing and admitted individual at "a primal stage of prose. I do not mean to say that my word- abusive and indeed to everyone else, a enlightenment." ing of the article was the only way or the show called Eyes on the Prize II. airing Therefore as a gesture of Christian love right way. but I wanted the article to be on PBS on Monday night at 9 p.m. and for my fellow man, I will direct a few hard hitting and I know that I ac- repeated on Saturday afternoons. I hope beams of light upon places which appar- complished what I set out to do. Yes. I that by watching this show you will get ently have not seen the light of day. Due was mad. I am still mad and I have a right some insight into where all my "vituperatto a lack of investigative journalism. to be mad. In some instances. shocking ing" and "vitriolics" come from which would have deh·ed into the subject people is the only way to wake them up -Oscar McDonald matter presented prior to publication. the editors asserted two assumptions which were glaringly erroneous. (I will refrain for all mankind. Chri~t \\as sent to th1~ from reminding the editors. what happens world to save all mankind: man and when you "assume.") First of all. Christ- woman: young and old: red. yello'A. THE NEW YORK LAW SCHOOL REPORTER ianity is not a religion. and second. all brown. black and white: hetereose\ual. Scab Baseball Team religions do not essentially talk about the homosexual. bisexual and asexual: rich same thing. and poor: scholar!) and illiterate: health} For the sake of delivering concepts to and infirmed: strong and weak: popular Team Manager Diane Wolfson the reader which are easier to grasp. the and castaway: powerful and powerless: second argument will be discussed first. any classification of human being and its Pitcher Bradley "The Brow" Shaw Religions. as we know them , run a wide antithesis that you can name. Christ came spectrum of characteristics. Some reli- to this world and died for. With this Catcher Evan "Back Stop" Augoustiniatos gions worship graven images. such as knowledge. we as Christians realize that statues and currency (counselor, ask your- we are not better than anyone else. In fact, !st Base Darren "Grand Slam" Domina self. '·Am I in law school to protect the because we know that we could never be 2nd Base Elizabeth "Rusty" Nochlin legal rights of others, or am I here only like God by our own doing, we know that for the money?") . Others claim deity in we are merely better off since we have 3rd Base Albert "Hound Dog" Wollerman self-after all. weren't the 1980s the "me the assurance of eternal salvation. It is this decade'>" Also, there are some who wor- assurance that mere religions will never Shortstop Shirley "The Ghost" Wong ship satan. Still others do not believe in teach , nor ever comprehend. any deity whatsoever-some of whom It is for these reasons , why the "religiRight Field Susan "Achilles" McArty would rather accept having been descen- ous" and the irreligious could never underdants from apes and other creatures. Each stand Christianity. Therefore, a constituLeft Field Christopher "The Rose" Di Gerolimo type focuses on a different source of ac- tional requirement that all members of the countability and servitude. As a result, Christian Legal Society's Executive Board Center Field Philip "Pee Wee" Spyropoulos each gives a distinct and different message be Christian is logical. compelling and Designated Hitter Dilip "One Hit" Massand to the observer. An objective observation necessary in order to ensure that an accuof this or any sample of religions will con- rate accounting of the "Christian view" is Relief Pitcher Donna "Long Horn" Santiago vince the observer that all religions do not given. The errant views of the Reporter's ··essentially talk[] about the same thing." editors require the strict scrutiny of club Trainer Barry "Ice" Block The one common thread that does link leaders who take and understand the posall ··religions" together is that they are all itions of the organizations they are charged Bullpen Teri Abrams, Christine R. Clark, Lynn Mourey attempts by humankind to reach out to- to represent. Scott Wiss, Cynthia Hanrahan, Mario Karonis, wards "the almighty." (They do differ in The Christian Legal Society openly exGerald Levine, Tony ladevaia who or what the almighty is and how to tends an invitation to the entire New York worship.) As a result of human frailties Law School community to join the organiUmpire Dan "Wind Bag" Muallem and inadequacies, these attempts to reach zation or just to attend our meetings. Fur..the almighty" have and will continue to thermore. we take this opportunity to say Team Photographer David Wind fail. This is where Christianity is different that we bear no malice towards Mr. Mascot from a religion. We as Christians ac- Schnabel nor the editors and staff of the Francis the talking mule knowledge our frailties, shortcomings and Reporter nor anyone in the New York Law weaknes~es (and based on this realization) School community who may have attempTHE REPORTER invites interested parties to submit columns. letters, articles. criticisms we accept The Almighty's outstretched ted to be a stumbling block to our cause or suggestions to: The Managing Board. THE REPORTER, 57 Worth Street, Room C- 102, rfach ~uward humankind-in the form of of providing enlightenment through ChrisNew York, N.Y. 10003. Telephone: (212) 431 -2117. His i::1ft to all humankind, Jesus Christ. tian doctrine and principles and their appliTHE REPORTER, which is published periodically during the academic year, has an opinion column entitled "VIEWPOINT." Persons interested in submitting a written opinion for this Contrary to the editors' ill conceived cation to the law. column should label it "VIEWPOINT' and submit it to THE REPORTER. THE REPORTER notion tbat Christianity is discriminatory. May God Bless You All, reser1es the right to edit all material accepted for publication. Grid's means of salvation for humankind Col!:::ge Press Service Subscriber. (despite humankind's futile attempts to Ronald Fisher reach up to "the almighty") is designed President, Christian Legal Society~------------------------------~

Oscar McDonald Responds

Submission deadline for the last issue of The Reporter Wednesday, April 11.

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MARCH1990e

NEW YORK LAW SCHOOL REPORTER

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Heat Wave in March-Readers Get Hot Over Noame's Plumage Response to the Writer in the White Sheet By Michael Arce and Yolanda Castro-Arce Perhaps if I had written ''The Welfare State and Self-Determination" I too might have used a pen name and remained anonymous. However, the author uses a pen name the same way that a white sheet is used by kkk members. The article is a factless, emotional, and confused piece of kkk propaganda. The writer begins by stating that the Founding Fathers' idea of equality has been "perversed" by the modem notion of equality. It is apparent that the author of the article cannot cope with change and therefore finds it inconceivable that had the Founding Fathers lived in these modem times, their idea of equality might have been more modem itself. The Founding fathers lived during a period in which Africans and African-Americans were slaves for white men whose notion of the work ethic was based solely on Africans and the African-Americans performing all the work . It is very easy to advocate for a work ethic when you know that the real work will be performed by those considered less privileged than yourself. The instant that an attempt to promote racial and economic equality is made, those advocating for the infamous work ethic yell "disruption of the status quo". It stands to reason that our "Noame De Plum", would panic at the thought of one day having to shine his/her own shoes. Then the author has the audacity to compare once underpivi\eged minorities with today's underprivileged minorities. Today's minorities face a type of unemp\oyment that the once underprivileged minorities did not face. When the early immigrants arrived in this country there was a movement toward industrialization which demanded workers. Therefore. a differene in language and a lack of schooling was not a barrier. Many minorities have been able to overcome barriers and to prosper. However, while Asians are stereotyped as all being scientific and mathematical geniuses. Irish as being long-time law enforcers. Italians as being family oriented, Jewish people as being shrewd business people. African-Americans and Hispanics are stereotyped as being lazy. muggers. and murderers. among other things. These are the stereotypes African-Americans and Hispanics face when they interview for jobs that non-minorities and minorities with positive stereotypes also interview for. The idea that the poor conditions of some African-American and Hispanic communities can be blamed on its occupants is equally absurd. In those communities you find slum lords who will not live in their own buildings so that they can get away with not making repairs and not providing heat and hot water. It is not unusual for hospitals and clinics in some African-American and Hispanic com-

munities to treat at least one adult or child a day who has been bitten by a rat the size of a cat who crawled in through a hole in the wall which is so large that neighbors can shake hands every morning through the wall. It is not uncomrr.0n for an adult or child to be treated for fractures caused by a ceiling that falls depsite months of repeated requests that repairs be made. "Noame De Plum" has the audacity to compare communities in which landlords might reside with communities often purchased into by people who take advantage of the fact that its residents might have little political influence or knowledge of the legal system. A slum lord might even buy buildings with the sole intention of collecting rent without making repairs or providing any services. Some buildings are purchased with the intention of committing arson in order to reep the insurance proceeds. The author of the factless article then goes on to claim that African-Americans, whome he/she can only conceive of as "Blacks", lost their dignity during slavery. He/she claims that liberals have further emasculated African-Americans and that African-Americans have had to depend on the white liberals for the acquisition of rights and privileges. Obviously, the author of the factless article forgot to cut holes in his/her white sheet and has been unable to read about slaves who died trying to gain freedom. and about Malxolm X, Martin Luther King, Jr. . Nelson Mande\a and other proud and dignified Africans and African-Americans who fought or are fighting for their inherent rights. l should point out to the author of that article that the above mentioned were not "benefolent white liberals" and that people such as Honorables David Dinkins. Robert Johnson. Owens and other African-American. were elected officials voted into office and not placed into office via affirmative action. African-Americans graduating from Jaw schools. medical schools. schools of engineering and other professional schools. graduate based on their merit and not any affirmative action that may or for years discriminated against people of color. The article concludes with the idea that "Blacks need their dignity and liberals should offer respect". Yet thoughout the article we are insulted by the factless. emotional. kkk propaganda that in no way shows respect to AfricanAmericans. It is quite clear that along with "Noame De Plum" having developed an identity problem resulting from wearing one too many white sheets. the author shows some schizophrenic tendencies evident in the many inconsistencies in his/her article. which now covers the bottom of my bird cage. I suggest that the author seriously consider doubling up on his/her sessions of psycho-therapy and not worry so much about African-Americans. They can do without the emotional author's unintelligible advice.

To: Noame De Plume From: Anthony Gloade Re: The Welfare State and Self-Determination I read your third installment in your four part series with great interest. It struck me that many of the positions which you took with respect to the presence or lack of "a strong sense of self-determination" in Black and other minority communities probably comes, from a very narrowminded view of the "Black community ." You also noted in your article (a term I use very loosely) that "No one can under-

stand the predicament of a Black person better than a Black person ...... I can't help but wonder. does that include you? No, it could not possibly include you because you have such a well based and wonderful appreciation for the lack of a sense of self-determination in the Black community that you have to be Black and have lived in every Black community in the United States.

oooh, oooi, 1

\ know , l luiow ...

To: Noame De Plum (Pen Names) After reading the article that you submitted in February's issue of the Reporter, my initial reaction was annoyance; since then the feelings have turned to pity. After all, how can I be angry with someone who is so insecure about his/her opinions about such a significant topic that he/she is too cowardly to assume responsibility for those opinions. Considering the textual argument asserted by Noame, I must confess that I too would choke on putting my name on such dribble. Instead of attacking the ''logic" behind Noame's article. this letter addresses the so called facts behind the logic. The primary reason that Noame's dissertation is so erroneous (and bordering on felonious) is that the so called factual base upon which Noame 's arguments rest is about as secure as the structure of a house built upon a foundation made of sand. [For those of you who are unfamiliar with this New Testament parable. when the gale winds came. the house came crashing down.] Noame's article is about to feel the force of a tornado. *The majority of the Founding Fathers were rich. property-holding slave owners who are not exactly adequate role models to use as authority in regards to race. Unless. Noame. you are advocating the return of the days of slavery? *To impose the "status quo" as you define it. Noame. that is no federal governmental intervention. would mean that the actions of your friend Ronald Wilson Reagan (crushing the air traffic controllers union. the invasion of Grenada. etcetera.) were crimes against the people of the United States. My idea of "status quo" is what God intended upon the creation of mankind. all are created equal (This truth has been held to be self evident.) . *The so called underprivileged minorities that you referred to. Noame. I wish that I was so underprivileged. These "downtrodden" masses were welcomed into this country with open arms and open purse

But. the time is at an end for me to stop mincing words (frankly. I have never been very good at that) and tell you exactly what I thought of your article (again. used loosely) . I though it was the most racist. insulting poorly researched crap I Have ever read in my life. In fact. your article easily rivals Mein Kampf. You probably suspected that this would be the reaction to your "Ode to Racism" and therefore declined to use your name. Well rest assured. I can understand how cowards feel about this sort of thing having succumbed to cowardice myself on several

strings. Even today, Vietnamese and Korean refugees are openly given lines of credit to open their own businesses straight off the boats. Don't get me wrong Noame, I am indeed happy for them, but what I want to know is, where is my 40 acres and a mule? I'll take my land from midtown Manhattan, thank you. *Noame, .I hate to break this to you, the non Anglo-Saxons you mentioned have been known, with great frequency. changed their wardrobes. their accents and their names. *Black and Hispanic communities have not flourished because of the intentional and calculated actions of the government and organized crime to keep the "niggers and spies" in line. Prime example. the i.nfusion of narcoti.cs into our urban communities. However. now that their white children are flocking into these neighborhoods. there is a "war on drugs ... *Hard working people are rewarded in this society. huh? I wonder if the doctor ~ho invented the process through which blood transfusions were made possible felt rewarded for his labors when he was turned away from a hospital because he was black; of course he died soon after. There are numerous other examples of this "just compensation" in our country's history. but I'll spare you the details. But I will say this. without the sweat off the backs of black slaves. this country. and especially the south. would still be a sewer hole. *Self-Determination is our hallmark. Noame. It is the reason for our survival and its the reason for our troubles. Noame. surely you have heard the saying. "uppity nigger... Didn't you ever ask yourself where does that phrase come from¡ 1 Since it has taken over 20 years for you to figure it all out. I'll help you out. Blacks (also known as African-Americans-get used to the name Noame). with the possible exception of a few oreos. refuse to play the ideal Amos and Andy type blackie that .

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occasions. But let me end this response by also assuring you that you probably have many sympmhi:ers in the NYLS community (God. I seem to be slipping into my "sarcastic comtempt'' mode): who knows. today NYLS and tomorrow the White House. Oh. before I forget (my poor sense of self-determination often has that effect on me). you will no doubt note that I used my name in.the byline. Now you can stare at the Black "welfare addicts" at NYLS and know that one of us has a name other thank "Black."

NEW YORK LAW SCHOOL REPORTER

â&#x20AC;˘MARCH 1990

Continued from previous page so many of your sympathizers dream about at night. It's because we have never. never do and enver will stand by and let some clown take (or even think about taking) away our dignity and pride in our heritage. We are proud of our past both here in this country and back in Africa-a continent with a heritage richer than any other .. . bar none. *Despite all of the horrifying facts. we as a people have managed to survive ever)' attempt to degrade and destroy. How is this possible. you ask. Noame? Since the days that our ancestors were picking cotton and being whipped (something that I cannot imagine your ancestors surviving

if you 're any indication of their intestinal fortitude) they were united in their faith in God and a hope for deliverance. What deliverance do we seek today. you ask? From people who think like you. Noame. now that you have some real facts to work with, see if you can manage to produce an article worthy of some lawyerly type analysis instead of the slop you wrote in February's issue of the Reporter. By the way. feel free to come to me for some more facts if your essay so requires. Your willing mentor, Ronald Fisher

You too can infuriate your peers,

Join The Reporter Agitators Welcome Responding to the content of Mr./Ms. obviously believes to be the answer to Plum's dissertations on the minority in- Americas woes. duced blight upon America is not the point Noame, show some backbone; own up. of this article. However. it is in response Do you not have confidence in your to the lack of integrity exhibited by some- views? Actually. it's no longer important. one who seems to be impelled into expos- It's after the fact. But in the future, suping his/her deeply felt convictions to New press your modesty in favor of some York Law School. and yet doe not have dignity. Dear Noame De Plum: voluntanly to this country on slave ~hips th h t t .d h / h Machmoud Ramadan A~rre~~~thi~i~all~rucla ~relimi~~~wm~rnnm~.~d~~e_c_a_ra_c_e_r_o_o_w_n~uLp~t~o~1~e=a~s~e~s=e~------~=~------four part series on equality, it is quite clear rural areas where poverty abounds even ADVERTISEMENT to me why you did not wish to be iden- to this day. Non-Black or Hispanic tified. By writing your article anonym- minorities did not then and still do not ously, you have cloaked yourself from re- settle in the Mississippi Delta which is THE REVIEW OF LAW AND SOCIAL CHANGE taliation by both White liberals and one of the poorest areas in the country, or Blacks--the two groups you effectively in Starr, Texas where the unemployment at but ignorantly maligned. The article ad- rate is 36.4 percent, as compared with 5.5 NEW YORK UNIVERSITY SCHOOL OF LAW vanced the typical conservative argu- percent in New York City and 5.3 percent I VITES YOU TO ATIEND ment-limited government is preferable nationally. A COLLOQUIUM: to equality. Since I believe that even cow- Your perspective narrowly focuses on ards and conservatives are afforded equal urban problems of poverty which is minisprotection under the Constitution, I take cule as compared to poverty from a nano further issue with your anonymity. tional perspective. Without economic opHowever, I do take strong issue with the portunity, no peopJe have or will succeed, many realities that you neglected to men- especially when self advancement efforts CHALLENGING THE DEATH PENALTY tion or probably just do not know. For are met with the force and oppression that 1990 AND BEYOND example, you assert that equality for racial has been heaped upon Blacks by this govminorities was not within the intention or emment and its people. contemplation of this country's founding Your ignorance was especially ob.vious fathers. While there is evidence for that when you failed to attribute Blacks with assertion, there are a number of contempo- self determination. But for self determinarary interests and concerns that were also tion, Blacks would still be enslaved or MARCH 31-APRIL I, 1990 not within the contemplation of the found- dead, since my forefathers were "detering fathers and framers of the Constitu- mined" to die before living a lifetime in tion, such as privacy rights and equality slavery. There would have been no slave at for women (which you will no doubt argue revolts or Civil Rights movement, reTHE GREAT HALL member Frederick Douglass, Malcolm X, against in your fourth article) 110 WEST 3rd STREET Nonetheless, and fortunately, there is a Dr. King and Jets not forget the Black NEW YORK, NEW YORK IOOI2 large segment of society which recognizes Panthers. No other group of people has that the Constitution was intended by the endured through beatings, lynchings and framers to be a "living" document and is unilateral police brutality, for more than not limited to the contemplations of long 400 years as have Blacks. dead White men. Instead, certain rights But for you these arc not realities. For from arc implied by the Constitution and consis- you, slavery and its aftermath was a 9:30-5:30 each day tent with the framers' notions of fairness phenomenom that came and went like a Keynote Address by and equality. If the "status quo" that you fashion fad (unlike mini skirts) and Blacks Anthony G. Amsterdam value so highly is maintained, we as a have no right that no one but a Black perwith panels to include nation will not grow. son can know or understand the experience Political Aspects of the Death Penalty In your discussion about the strides of non- and for that reason I wish you that opporEffectuating the Right to Counsel Black minorities over Black minorities, tunity. I hope in your next life you are Racial Discrimination and the Death Penall) you fail to mention that most, if not all, born Black, pull yourself up by the Mental Health Issues, and non-Black minorities immigrated to this bootstraps, enter law school and feel, as Federal Habeas Corpus country voluntarily (often with huge gov- I do, compelled to respond to an article The Colloquium is free and open to the public. ernment incentives, i.e., refugee resettle- such as this that discredits all that you and For more information, contact: meHt monies) seeking opportunity. These many of your Black brothers and sisters Jonathan Abady, Mark Lane, Whitney Tymas immigrants elected to settle mostly ir have achieved. (2 12) 998-6370 urban settings where education and

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economic opportunities are more plenti¡ ful. So, yes, many of them realized their dreams. Blacks, who were brought in-

Wishing You Enlightenment, Mary Fritz Md1c.:i1 'i, 1990 '----~~~~~~~~~~~~~~~~~~~~

MARCH 1990 •

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NEW YORK LAW SCHOOL REPORTER

Pro Bono or Not Pro Bono Lynn A. Mourey As the pro bono battle rages about us, it may be creeping ever closer to home than law students realize. Recently, the New York State Bar Association rejected a proposal to require practicing attorneys to perform 20 hours of pro bono work annually. The ABA recommends 50 hours annually, although it has not yet taken steps to make this a mandatory requirement. However, the pro bono war does not consist only of the battle of the practicing attorneys. Presently, the issue is being hotly debated among academicians throughout the law school community. To "go pro bono" or"not to go pro bono," that is the question. To date, there are four law schools that require students to complete a minimum number of pro bono hours as a prerequisite to graduation. Many other law schools are considering proposals and yet scores of others are beginning to banter about the idea. Should pro bono work be mandatory for law students? Posing this question to a number of New York Law School students elicited the following responses: "Bravo!" "Ah ha, yet another coercive tactic to get public interest work out of law students." I'm not opposed to it, I feel we have a moral and social obligation to assist those in need.·· ..And when do you propose we do this? Between my 15 credit hours, clerkship, 20 hours of work per week. journal and family?" Overall, the opinion is that there is a need to help those who, for whatever reason, cannot help themselves. The concern expressed by many centers on why the obligation falls on the legal profession as opposed to other professions such as health care providers and the like. When I asked this or one recent NYLS graduate.

the response went something like this: "No one is forcing the legal profession to mandate pro bono work. The government is not proposing the mandate, the profession is. I think this would show that the people in our profession have enough of a social conscience to recognize that given our chosen field, we are all in positions to assist those less fortunate than ourselves. The mandate would be placed on attorneys, by attorneys. It is commendable and other professions should follow suit." What pro bono comes down to is people helping people. Should it be mandatory? Should it begin in the law schools in hope that by planting the seed of social awareness, it will carry into practice? Or will making pro bono work a prerequisite to graduation plant a seed of re~entment or a feeling that the social obligation was fulfilled during law school? While the debate about mandatory pro bono work continues to capture center stage, the many hours and accomplishments being logged on a voluntary basis are seemingly overlooked. For example, right here in our backyard, students and faculty work daily to represent clients without means. A great deal of this is done in a clinical setting, where the student is receiving credit and experience in return for her work. However. this does not diminish the good that is being done . If students are interested gaining valuable experience while helping others. there are a number of clinical programs offered at NYLS that can be taken advantage of after the first year. Contrary to popular opinion about law students. very many are socially aware. Evidence of this is in the numbers clammoring to get into the c\inica\ programs offered. Clinics that focus on pro bono-type

HOW SWEET IT IS by B. Shaw When counsel for the opposition said the magic number, Oscar McDonald knew that it would probably mean a settlement. He smiled to himself but did not let on that he thought this case was in the bag. He told the high priced looking attorney on the other end of the phone that he'd have to get back to her so that he could bounce the figure off his client. He hung up the phone thinking, "Whew ... I'm glad that's over, now I can start tudying for finals ." Dollar-wise there really wasn't a lot at stake, bt=t Oscar and his partner, Tracy Kohlman, were neither on retainer nor getting a fat slice of any contingency fee. As a matter of fact, they weren't getting anything at all except ome "great experience" and four credits in the bargain. Tracy and 0 car both knew that being in the Housing Discrimination Clinic meant a lot of hard work and responsibility. You couldn't ju:;t blow it off and hope that you wouldn't get called on. When they were first assigned to Paul Y. 's case

last semester, they really didn't even think that they had the best chances of winning. But they liked.the work and thought ...who would blame two law students anyway if they didn·t win?'" Maybe Clinical Professor of Law Sally Frank. would. but after hard work. lots of homework and a Brooklyn landlord who discriminated against Black customers. they would not disappoint her, their client or themselves. For Tracy and Oscar. this case also meant a chance to chalk up their first case in the win column . Paul V. case was refered to the Housing Discrimination Clinic by the City of New York Commission on Human Rights. The Clinic investigates complaints on behalf of the Commission that alleged incidents of discrimination . If, after an investigation , the Clinic determines that the allegations · in the complaint constitute probable cause for a formal Commission proceeding. the Clinic will recommend to the Commission that a hearing be held before an administrative law judge who will determine if discrimination has actually oc-

N •15 Seventh Avenue, Salte 62 New York, New York 10001 (212) 59+-5696 (201) 625-5565

is not by mandate, but by a focus on clin· ical education. This way. students wil1 learn valuable skills that can be used in practice and will come away with a positive, enriching experience in dealing with the less fortunate. This will plant the seed of social awareness to be carried throughout their careers.

work include: The Criminal Defense Clinic-students handle cases for clients charged with a variety of misdemeanor crimes; The Housing Discrimination Clinic-students work on cases involving discrimination in housing, focusing on discrimination based on race, religion, sexual preference, handicap and national ongm; and The Federal Litigation Clinic-students act as counsel to indigent plaintiffs on social security disability appeals. The chmc 1s also working on projects concerning the education of homeless children. In all clinics. students handle virtually all aspects of the cases to which they are assigned. Clients are counseled. investigations are conducted, appeals are filed and arguments are made on behalf of the client at no cost to the client. This is pro bono in the law schools at its best. The experience for the law student is rich and rewarding and an individual who otherwise could not afford legal services is represented. Mandatory pro bono work in law school may not be necessary with clinical opportunities like those offered at NYLS. NYLS is seeking to improve its clinical offerings by revamping the program in the upcoming years. It is suggested that the path to increased pro bono work by law students

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cured. If the case goes a hearing. there is a back-log of approximately one year before ir will be heard by an ALJ. Settlement. on the other hand. can usually take just a simple phone call. Well. maybe not exactly simple. but settlement generally save the client the headache of a formal hearing more than a year away and also allows the students. who spend only one semester in the clinic. a chance to start what they finish . Oscar and Tracy began working on this case after Paul V . filed a complaint against the owners of a number of buildings in Brooklyn. alleging that he had applied for an appartment and was denied the rental due to his race and color. Last June. Paul Y. saw an advertisement in the Flatbush Life News. for 3V~ room apartment in the Flatbush area. Paul . Y. called the landlord and arranged for a time for he and his wife to view the apartment. Paul Y . called the landlords to tell them that he wanted to rent the apartment that he and his wife had seen and was told that he had to fill out an application and undergo a credit check. When he called a few days later to find out if he would be allowed to sign the lease. he was told that he didn't make en_ough money to qualify for an apartment and that it had already been rented. One of the Landlords' employees also ex;plained to him that the real estate industry generally applies a ·· 1:4 rule"' which means that in order to qualify for a rental. a person should not have to spend more than 25% of their income on rent. The landlords. however, never knew Paul's income because he did not put it on his application and noone at the landlords· office ever asked him. As representatives of the Commission in these cases. it is Clinic·s responsibility to conduct a fact finding hearing to determine if probable cause for an AU hearing exists . Tracy and Oscar were responsible for conducting this hearing and requested that the landlords' produce the rent rolls from all 10 of their buildings. Though the

landlords· maintained that they only lease apartments to people who satisfy the "I :4 rule.·· Tracy and Oscar discovered after the conference that several occupants of these buildings did not satisfy this requirement. At the conference. the Landlords represented by counsel. maintained that they were justified in not renting to Paul V. because he left information out of the application and his income was lower than usual. Though it appeared that the landlords' attorney was not very familiar with fairly common comission practices. the fact finding meeting ended without any agreement to settle the case or execute a concilliation agreement. Professor Frank recommended that they start drafting a probable cause memo since it appeared that the case would go to a hearing. Paul V. was prepared to pursue this case all the way through to the AU hearing. but Oscar continued to negotiate with the Landlords· attorney to see if he could get them to sign the concilliation agreement. ..We began to realize ... said Oscar ··that they really didn't have a great case. Our position had become stronger and we figured i-t was only a matter of time before they would cave in and decide to settle." After a number of telephone conversations and a considerable amount bargaining back and forth with the landlords· attorney. both parties agreed to settle . The terms of the settlement agreement required that the landlords' pay Paul Y. $1500 in punitive damages for emotional stress and humiliation. which is within the range of standard commission awards. Though Paul Y. refu ed to settle for less than $1500. he was more concerned about getting the other relief called for in the concillation agreement. This relief included that the landlords· employees and all future employees . sign a notice that they are aware of discrimination laws and that they could lose their licenses if they discriminate. As part of the conciliation agreement . the landlords' were also required to advertise Continued 011 page 7

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Media Law Congratulations on a great panel. See you in the April issue.

The Reporter

•MARCH 1990

NEW YORK LAW SCHOOL REPORTER

Page 6 •

Student of the Month "The Office of Student Affairs began recognizing a Student of the Month in order to publicly recognize special achievements of our students which are not directly related to academic achievement at the Law School. We hope that the accomplishments of these students will serve as inspiration and sources of pride for the New York Law School community. If you know of any individual at the Law School whose achievements merit special recognition, please contact the Office of Student Affairs. We very much appreciate student input. " Ivonne Prieto, a first year student in the day division, has been selected as our "Student of the Month" for March . Ivonne was very accomplished in the field of Biology before she became interested in pursuing a legal career. She majored in Biology as an undergraduate at the University of Pennsylvania and received a Master of Arts in that field from CUNY at Hunter College shortly after. She was employed as an Adjunct Lecturer in Biology at CUNY while she pursued her degree there. During this time Ivonne_;lls.o wo.r.ked.ac~ uvely with a host of women 's organizations where she performed a variety of volunteer tasks. As an outgrowth of her

community involvement, Ivonne went to work for Andres Astacio Santos Law Associates, a legal association which serves a predominantly low-income Hispanic community. There she personally created a bilingual counseling and referral service for women clients of the law service. In this position, Ivonne was able to help clients get personal help in addition to the legal help they were receiving. She met and counseled clients, established a referral data base of social workers and health care professionals and worked on following up individual cases . While working for Santos Associates, Ivonne decided to apply to law school. Now, aner completin!; une semester at the Law School, Ivonne works part-time in the Placement Office. where she manages a newly devised program designed to inform students about career opportunities in non-profit agencies and government. In this position . she assists New York Law School students in locating job opportunities in areas of personal interest, maintains listings of public interest and public sector jobs and works at researching new opportunities. Although graduation is still far away for Ivonne , she hopes to eventually work as a lawyer in the public interest.

Overcoming Obstacles Women and Minorities in Law Panel discussion sponsored by L.A.W. Tuesday, March 20 5:00 - 7:30 Student Lounge

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Program on Palestinian-Israeli Conflict First Years Challenged in Softball Annual

March 28th AILS Presents Intifadah: Shedding New Light on the Palestinian-Israeli Conflict. The guest speaker for this program will be Mr. Bishara Bahbah. who has a PhD from Harvard in Middle Eastern affairs. He maintains residences in both Washington DC and Jerusalem, and is editor of the Palestinian-American Magazine - The Return. As developments are constantly unfolding. and the subject highly charged. this program promises to be emotionally and intellectually stimulating. as well as informative. We hope to see you there.

New York State Bar Association 1990 Student Legal Ethics Award

by Demetrios Stratis Believe it or not but Spring is j ust around the comer, which means that it is time for New York Law School ' s ·First Annual Softball Challenge. Each Spring, members of our law school community will be invited to participate to determine this year' s softball champions. This year, all First Years are being officially challenged by the Second Year All-Stars to compete on Friday . April 20 at 1 p.m. in Central Park. If the First Years are will ing to defend their integrity. they should accept this challenge by March 29. A First Year spokesperson should contact Demetrios Stratis through The Reporter office as shoulcl all Second Years who can attend the game.

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NYLS recognizes one student each year for this award . which comes with a $500 cash prize. This award is made to a student who makes an outstanding contribution in one of the following areas: 1) a substantial action or activity in furtherance of legal professional responsibility or legal ethics; 2) a written article or essay on legal ethics/ Submit now professional responsibility: or 3) a propMay 1 deadline osal outlining how members of the Bar can be challenged to develop or demonstrate their commitment to legal ethics/ Each year NYLS has the opportunity to professional responsiblity. award one prize of $500 and one prize of $200 to students at the Law School as part of the Nathan Burkan Memorial Writing Attention Italian-Americans Competition. These two essays are then The Columbian Lawyers Association, entered into the national competition First Judicial Department is offering a where prizes ranging from $3,000 to $500 sch9larship to law students of Italian heriare awarded. The topic of the competition tage (father's or mother's side). Please is "any phase of copyright law ." Papers send a letter explaining your aspirations must not exceed 50 pages double-spaced . and your need and a resume to Frank P. First-year students are not eligible to enter. Mangiatordi at 60 E. 42nd Street , Suite The deadline has been moved up to May 3720 , New York, New York 10165 . 1, 1990. Submissio ns may be made to more information please call (2 12) 883- Monica Coen in Student Affairs. 1144.

Writing Competition

For

International Law Careers Day by Terry Abrams

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PUFFY's TAVERN 81 HUDSON STREET, CORNER HARRISON STREET LOWER MAN HATTAN 766-9159

On March 7, Cardozo Law School held as to the importance of being a "crackerits Second Annual International Law jack" American lawyer first then moving Careers Day which was sponsored by the on the international specialities or to specProgram in International Law and Human iali ze through law school curriculum, adRights, the International Law Society, the vanced degrees etc. and dig in imCenter for Professional Development and. mediately. Correspondi ngly, the private the American Bar Association, Law Stu- international lawyers practicing in the dents Division. The morn ing session was commercial, financial areas preferred genan impressive panel of noted scholars and era! knowledge whereas the public interpractitioners in the international law field. national lawyers preferred specialization. John Hazard, the keynote speaker, who Of the choice of three panels: l) Public currently is Nash Professor Emeritus at International Law, 2) International Trade, Columbia Law School is one of the orig- Admiralty and Customs and 3) Jntemainals in international law. He said that it tional Finance, Banking and Taxation, J was practically impossible to think of chose to attend the first. While opporstudying or practicing international law tunities are extremely limited and competprior to World War . 11 due to the ition is fairly stiff, the panelists offered isolationist tendencies of the United an informative and hopeful session. There States. One idea he espoused and is applic- were attorneys from the Organization of able to practically all burgeon ing areas of American States, the United Nations, the law is that student should always re- Department of State and a partne"r from member that what our professors are Stroock Stroock and Lavan who is active teaching us is a generation behind. We, in pro bono work . All of them gave subas students, should not bl indly heed the stantive information by going into hiring advice and practices of our distinguished practices of their respective organization, professors because it simply may not be giving the names of organizations to contact such as Americas Watch and giving true for the future. The other members of the panel offered the names of numerous publications such general advice; all highly recommended as the Guide ro Careers in World Affairs study abroad programs, foreign language for information gathering. One word really carried · the day and acquisition (as many as possible) and involvement in the various professional or- sums up the total of all the advice and that ganizations including the American Soci- is if you want :-i career in international law ety 0f International Law and the lnterna- you must do the best possible at all the tional Law Association. There was a dis- formal requirements and PERSEVERE-it cernible difference between the pane lists is an attainable goal.

MARCH 1990 •

NOTE FROM THE PRESIDENT ON

•Page 7

NEW YORK LAW SCHOOL REPORTER

Writer's Conference: You Can't Eat Art

Continued from page 5 their apartments for one year in the A.msterdam News, a newspaper with a large Black readership. They were also ·equired to post a sign in their offices w-hich would instruct people who believe chat they have been the victims of housing discrimination as to how they may seek recourse through the Commission. Both Tracy and Oscar agree that the best part of the whole case came at the very end when they presented the settlement check to Paul V. Editors Note: It appears that the con:inuing existence of the Housing Discrimination Clinic, as well as the other clinical courses offered at NYLS are in imminent danger of becoming extinct in their present form. The Administration and Faculty maintain that this "restructuring" of the clinical curriculum will not jeopardize the school's commitment to providing students with this invaluable learning experience. They also maintain that NYLS will not abrogate it's responsibility to the courts in New York City, which provide NYLS clinics with access to their crowded dockets, and that NYLS will continue to serve the many indigent clients in need of competent and professional legal representation. Close attention should be given to the school's plan to revamp our clinics or else successes like the one described in this article will unfortunately become more of the exception than a rule.

EDITORS, AGENTS, WRITERS SHARE SECRETS OF SUCCESS: Almost Paradise, and Shining Through; 19TH ANNUALASJA WRTIERS' CON- and Rebecca Sinkler, editor of the New York Times Book Review. The conference FERENCE, SATU RDA Y, MAY 5 concludes wtih a cocktail reception. New York City- The top nonfiction This year's theme is "Writing to Sell in by Cynthia Hanrahan editors, writers, and agents in the nation '90," and a brochure detailing the full proEvery academic year the SBA sponsors will explain how to write for and sell to gram is available from ASJA. Call (212) four parties for NYLS students. faculty. major magazine and book markets on 997-0947, or write ASJA at 1501 Broadadministration and staff-two in the fall Saturday, May 5 at the Giand Hyatt Hotel way. Suite 1907. New York NY I 0036. semester and two in the spring semester. in New York City. Free-lance writers who "It's an unequalled, invaluable opportuln the past they have been highly success- dream of success should attend the I 9th nity for both aspiring and published writful and the best attended events the SBA Annual Writers' Conference. sponsored ers to learn the secrets of success." says sponsors . Unfortunately the continuing by the American Society of Journalists and conference director Evelyn Kaye . nature of these very popular events was Authors and Long Island University. Among the twenty-five workshops avput in jeopardy by the actions of a few . The conference offer a selection of ailable are "Writing and Selling the Book people at the February 15th Valentine's twenty-five workshop . Taking part are Proposal,'' "Successful Research,'' and Day Party. speakers and panelists from more than 30 "How to Write and Sell Your Personal It was brought to my attention at ap- major publications including Famil_v Cir- Story," as well as panels on travel writing, proximately J0:20pm that the men's re- cle, Woman's Day, Penthouse, Rolling writing for the children's market, and writstroom in the cafeteria sustained damage. Stone, Parade, Modern Maturity, Good ing for TV. fil, and radio. i.e. someone punched holes in the ceiling Housekeeping, Reader's Digest, Ladies' Direct Travel Inc. is the official travel tiles. After inspection of the damage and Home Journal, Lear's, the Los Angeles service for the conference, and by dialing upon the request of facilities management Daily News, and the New York Times. toll-free 1-800-331-4526 (in ·NY State, land security, I made the deci ion to end Editors from Bantam, Doubleday, Will- 212-302-7660) out of town attendees can the party early. When the lights went on iam Morrow, Prentice Hall, and St. Mar- secure sizeable discounts on airfares and at 10:30pm and the D.J. stopped the mu. ic tin's Press will also speak. A tuition fee train tickets with no restriction on the most people obliged and left the party a· of $119 includes attendance at all of the number of days spent in ew York . soon as they were told to . However. there workshops and a luncheon with two distinThe American Society of Journalists were students who would not leave when guished keynoters: Susan Isaacs, bestsel- and Authors is the nationwide organizathey were asked to leave several times. In Jing author of Compromising Positions, tion of independent nonfiction writers . fact, they insisted that they had the right to stay as the party was to last until I l:OOpm. Parties sponsored by the SBA are a privilege and not a right. If you, the student body, want to continue this privilege you will have to act accordingly. The school closes at 11 :OOpm and we (SBA) must have all the people out of the chool and the lounge cleaned by I I :OOpm. Cleaning should take 15 minutes but it is complicated when we try to clean the lounge with people still hanging around. The last thing we want orneed at I\ :OOp.m. 1s a bunch of students who refuse to leave or take their merry time in leaving. Facilities management. security and the SBA require and deserve your cooperation in vacating the premises promptly. As to the damage to the restroom. one would think that such moronic and immature behavior would not take place at a law school. Things of that nature are usually left to the high schools. I would hope that in the future students \vould refrain from damaging school property. If more damage occurs in the future the administration may. on the recommendation of the SBA Executive Board. revoke the privilege of SBA-sponsored parties on school grounds. Excessive drinking has not been a problem at SBA parties in the past. However. the occurrence of the damage to the men· s restroom compels us (SBA) to conclude that it was the result of excess drinking . The SBA. along with Student Affairs. has implemented a procedure that responds to excessive drinking. If it is brought to our attention that someone has had too much to drink. we will ask them to leave the party and will put them in a taxi and send them home (at SBA expense). Unfortunately. with the number of people who attend these parties it is difficult to deterEach person who attends will receive a mine who needs a ride home. It would be complimentary Contracts Outline excerpt. greatly appreciated if you would inform an SBA officer if you feel there is someone who needs a ride home. 1 SBA parties have come to be known as a great time and a wa) to relax after a hard week of studying We hope that in the future students ~ill cooperate with facilities management. security and the SBA so that these parties may continue. BAR REVIEW

SBA PARTIES

Attention First Year Students

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John Moye, Esq. on

CONTRACTS Date: Sunday, April I Time: 9 AM-4 PM Place: New York Penta Hotel Seventh Avenue & 33rd Street

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Th1s service is to be used only on those rare occassions where a student has had too much to drink and the SBA officers determine that the student would be unable to get home safely.

415 Seventh Avenue, Suite 62 New York, NY 10001 (212) 594-3696 © 1980 8AR/BRI

Pi:ige 8 •

• MARCH 1990

NEW YORK LAW SCHOOL REPORTER

Latino Law Students SocietyLatino Law Day in the court system in regard to minorities and women. But courts must be made ac"It's like opening the way with a machete" cessible to minorities at all levels she was how one speaker at the Latino Law cautioned. Day on Saturday, February 17th described She reminded the roomful of prospecthe struggle that Latino' s face in entering tive lawyers that much still needs to be and succeeding in the legal field. done and that "we can' t forget our people The well attended event sponsored by in Bed. Sty. who really need our help. the Latino Law Students Society (LLSS) Not forgetting her own obligation she at New York Law School was held in order invited those who need help to seek her to encourage Latinos to go to law school out. and to describe the support system that "I wish that I had this type of support exists to help in the struggle. system," she said, "it was a lonely fight Speakers included students, faculty. for me." alumni, and administration from NYLS as Judge Gonzalez, Civil Court of Bronx well as guest speakers. County, addressed directly the reasons to Jose Ortiz, Chairman of LLSS , set the study law. He stated that minorities have tone for what was to come by touching a special place. Usually minorities don ' t on the two main themes of the day: the have the power to guide their own destiny . need to support fellow Latinos and the "Its up to us to acquire power to guide obligation to give something back to the our destiny. Law is a key profession . . . community. because we can work to change laws." He spoke of how "super difficult" it is said Mr. Gonzalez. for Latinos to become attomies due to the He further stated that "with law we have economic structure of the Latino commu- the capability to do something about the nity which he considers responsible for social structure.,. The aim is to make the law growth rate of Latino enrollment changes "so that injustice committed can as well as the recent cuts in federal aid. be eradicated." He emphasized the need for a partnership He spoke about how seemingly selfish to work together to ensure enrollment and motives can actually benefit the community; and how helping minorities helps the jobs in the legal profession. He sees the main battle in the commu- entire society. Also, one doesn' t have to go into public nity as countering the disillusionment of the youth. · interest law in order to help the communi"Welfare and working at Mac Donalds ty . He said that working on Wall Street is not a future for our youth," he said. also has far reaching benefits because Mr. Ortiz stressed the obligation for those making connections with the powerful who succeed to give something back to builds bridges to bringing in more the community. minorities. "One day," hopes Mr. Ortiz, "there will "Its O.K. to be selfish provided that its a constructive selfishness," he said . be no need for Latino Law Day." Director of Admissions Kevin Downey A final reason Judge Gonzalez gave for spoke of NYLS's committment to en- becoming a lawyer is that it provides a couraging minority enrollment. To illus- good living. "There's nothing wrong with trate this "serious committment" to im- meeting the necessities oflife," he stated. Lastly, he said to say to yourself that prove Latino enrollment Mr. Downey said that seats in the incoming class will be "that if he can do it so can I" regardless reserved for minorities. of economic hardship. As a matter off ·t According to Mr. Downey 18 Latinos he said that he only finished paying lenrolled last year at NYLS; of those who his school loans last year. applied nearly 40% accepted NYLS's Members of the audience seemed imoffer. pressed with the presentation and reNYLS would prefer to overenroll the sponded positively to the speakers. Among the prospective law students class if it means a greater number of minorities according to Downey. "The present was social worker Ruben Laboy, burden of an overenrolled class pales with Jr. who is applying for admission in the the problem of underrepresentation," he Fall. When asked why as a Latino he felt said . pressure to help the community he said, Both alumni speakers, Charles Guria "Its not that God didn't give them and Michael Hardy, emphasized the im- (minorities) brains but circumstances portance of the law school atmosphere and don ' t permit healthy growth ." Law, he the need for a support system to help hopes, will help change these cirminorities deal with the problems faced cumstances. there. Alberto Dejesus, another would be law Mr. Guria spoke of the strong sense of student, said that as a case worker he sees community at NYLS and the committment the gap between judges and clients . "It to help each other. "Part of law school," helps to be a minority because you know he said, "is knowing that you are there for where people are coming from- you're a reason-you must put something back." coming from the same place that they are," Following the same line of thought Mr. he said. Though money was his first motiHardy stated that he wants NYLS to be a vation in wanting to become a lawyer, place that Black and Latinos are proud to Mr. Dejesus said that it isn't anymore. have graduated from . The success of Latino Law Day is a He also spoke of an obligation to the com- positive sign for the future of minorities munity. "Let nothing deter you . We need in the legal profession. Donna Santiago, lawyers to help society as a whole as well SecretaryfTreasurer of LLSS, agreed that NYLS seems to be reaching out a lot more. as a people." Mr. Hardy said. Representing examples of Hispanic "They are making a lot of changes if what lawyers who have done well in the profes- they say is true," she said. When Ms . sion and who have contributed to the com- Santiago applied to NYLS Latino Law munity were the two guest speakers Justice Day didn't even exist. Carmen Beauchamp Ciparick and Judge 1 Perhaps in the foreseeable future Latino Luis A. Gonzalez. lawyers will need only be armed with inJustice Ciparick, Supreme Court of tegrity and a law degree- the machete will New York ounty, spoke of the gains made no longer be necessary to open the way.

I

I

by Susan M. McCarty

Guest speaker addresses an attentive crowd at Latin Law Day.

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MARCH 1990 •

NEW YORK LAW SCHOOL REPORTER

•Page 9

Diversity Continued from page I is an "acceptable" number of incidents or activities. This only exacerbates the problem since would-be perpetrators think their activity is not only acceptable but expected. In combating bias motivated activity_, Ms. Caldwell urged that measures taken should be proactive rather than reactive. Proactive measures include creation of an atmosphere encouraging awareness of the problem coupled with action indicating an unwillingness to tolerate bias motivated activity. Demonstrations and notice to local government officials that a planned march or rally by a hate group will not be tolerated is evidenced that the hate activity will not be carried out without opposition. In a campus setting. a combined effort by students. faculty and school administration to not only discourage hate activity but to act decisively in identifying and eliminating such beha_vior i. n~e~ed. To further deter bias motivated activity· one should not ignore racist, sexist, homophobic and ethnic jokes, remarks, and even test hypotheticals, since silence usually conveys agreement or acceptance. The Center gives specific advice for dealing with different situations. groups. and Free Exercise arguments . The second speaker was a Chicago attomey, Stacey Beckman. who spoke on responding to Sexism and Heterosexism in the Law School and the Law Firm. Her talk focused on her experiences in school and the work place as a Lesbian and the controversies and problems she faced. She ad vised making yourself and your beliefs and feelings known when you encounter any kind of offensive behavior. She emphasized that if you feel offended by someone's acts or words. those acts or words are indeed offensive and you do not have to tolerate them . Ms. Beckman also suggested that in dealing with difficult

situations or hate motivated behavior you ~ .\\!Git~ ~lfKQ fAIR have to keep your humor, share your anger with understanding people, but most importantly, demonstrate your displeasure. Her ideas of demonstrating one's disapproval include not only a counter-argument, but also hissing, stamping books, etc . to offensive remarks made in a group or class situation . Jn other words, silence is complicity. Silence is acceptance. Mari Matsuda. Esq., who gave the opening keynote speech on the first night of the conference, is a visiting professor at Stanford Law School and an Associate Professor at the University of Hawaii School of Law. She is a Harvard graduate that while their believed superiority may Ms. Matsuda believes it is important to whose writings include Public Sanction not be openly expressed as hate speech it realize that the bias-motivated behavior for Racist Speech: ConsiderinR the Vic- is many times implied. The open or im- whether by an individual or an organized tim's Storr. When the First Quail Calls; plied expression of hate speech serves to !!mun has a clt>hilitatin11 pffect on the Multiple Consciousness as Jurispruden- further restrict an open dialogue rather targeted groups who are perceived as havtial Method , and Language as Violence than encourage it. ing positions just to fill quotas . Many i·. Freedom of Expression . Her article demembers of targeted groups can't particialing with racist speech appeared in the We need information to solve today's pate in our democracy or get what most Michigan Law Review. problems, Ms. Matsuda concluded. Infor- of the majority would consider a proper Ms. Matsuda said that hate speech is a mation is gotten through open , ongoing education because they are subjected to First Amendment issue. and as a supporter dialogue. Acquiring information is an daily assaults of repression . Further, they of the Bill of Rights she belongs to both issue of equality, and of access. Decisions are limited in their ability to participate in the National Lawyers Guild and the to drop out of school, change majors, not a daily discourse which focuses on the ACLU . She feels we should be active in to go into certain neighborhoods when national agenda when they are battling to organizations that support the Bill of choosing a school or job all involve issues survive on a daily basis . Rig hts and stressed that hate speech limits of equality and access. She holds the conWhile individuals whose acts are biasour ability to speak out. Hate speech keeps viction that decisions involving the ways motivated are sometimes in need of treatGays and Lesbians from coming out into in which the law is analyzed will change ment she said we need to recognize that a hostile atmosphere thus preventing when we :ecognize the structure of subor- the individual is not necessarily THE pro~­ others from hearing what they have to say dination in this country and its relation to lem. It is the institution (school, society , It also takes the form of anti-Semitism information and equality. The questiom group, etc.) that creates an atmosphere which is not not an openly debated issue. to ask are: "Who is taught?, who is the which leads the individual to fell unreShe believes that People of Color. al- recipient of this speech and where are they strained to engage in hate motivated acthough they proliferate in the workplace in this structure of subordination?" "If 'X' tivities . Ms . Matsuda's concluding reare kept to a large extent from openly ex- is in his or her role as student or worker marks were to the effect that everyone is pressing their views and feelings. She felt to fill a quota. then 'X' is powerless in a component of all kinds of institutions that white males usually dominate clas- the structure. 'X' is thus not recognized and it is up to each of us as individuals sroom discussions and that many of them for her or his talents, knowledge and to help create an atmosphere where open had been brought up to believe that they capabilities that may even surpass the dialogue is welcomed and bias motivated are the representative of their race. and norm required for a particular position. speech and behavior is not tolerated:

Retreat Continued from page I changes. The Ethics class is also being studied and may incorporate several of these new teaching methods. Students' exposure to ethics will be supplemented as ethical questions will be raised throughout the different courses of the program. Subsequent phase-ins will involve more sophisticated exposures to legal skills with concentrations in various areas of the law . The proposed second-year elective courses will simulate the clinical experience using actors . Students will be carefully guided through the clinics to insure that many different lawyering skills are learned. Proposed third year elective courses will be similar to the present clinics but will imvolve a greater breadth of experiences. Traditionally, the clinics have concentrated on litigation but new clinics involving, for example, alternative dispute resolution and more transaction based practices, will probably be added. These third year clinics will involve more sophisticated legal issues and consequently will

be more challenging. Certain difficulties involving the clinics will arise during the transitional period of the phase-ins as the professors who manage the clinics will be needed to supervise the implementation of the legal skills program. Consisting of former practicing clinicians. the committee realizes the importance of keeping the clinics open to students and asserts that at least a few clinics will be open at all times. Until the full program is finalized. these clinics will be taught by adjunct faculty with a one year nonrenewable teaching contract. Professor Strossen feels confident. ho~ever, that the school will be able to attract top notch instructors. These proposed changes will unaoubtedly undergo several revisions as the various stages are executed . It is evident. however, that New York Law School students during the 1990s will experience a greater depth of practical lawyering skills.

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Page 10 •

• MARCH 1990

ELECTION 90 •

Michael Isaacs--Position sought: President I would like to continue to strenghten student involvement in school activities mediating between the New York Law and affairs . The stronger our unity, the School administration and the student more positive our school appearance and body 's needs will assist me in fulfilling reputation will be. In my first year I was the duties of SBA Pre ident . If elected I elected as a SBA Senator and this past promise to actively represent the rights of year I served as the Vice-President of the all students and to serve as an advocate day division . My experience in effectively of all student views . "I like mike"

Larry Siry-Position sought: President Member of NLG , the Reporter and 2nd year senator in SBA. Goals: A. Student voice on Tenure Committee and Admissions Committee . B. Re-negotiation of food services contract to eliminate styrofoam from the cafeteria.

Daren Domina Position sought: Vice President Relevant Qualifications: Law Review member, Editor NYLS Reporter. SBA Senator, Placement Office Advisory Committee , Faculty-Student Liaison Committee. Registration and Scheduling Advisory Committee, Intern at NYC Office of Corporation Counsel. Platform: I'd like to see the SBA run more moothly and be a vehicle for students to be heard. I can do the job. I have expen ence getting things done. I' ll work for you . by Brenna Brid get Mahoney I'm running for the position of Treasurer of the S.B.A. I attended Rutgers College where I studied Theatre Arts and Elementary Education . What brought me to law school and ultimately to this campaign is a little incident that occurred during my fre hman year at college. One Friday afternoon, my friends and I trekked to the renowned Brower Commons Dining Hall where we were served the traditional college slop. For a bit of entertainment, my friend Bob and I climbed onto the table and started to dance, to the shock and Position sought: Evening Vice President: C lass: First Year Evening; C urrent E mployment: Director of Operations. Track Division Transport Workers Union. L .:al 100: NYLS Activities: S.B .A. Sen tor, Member Employment & Labor La\' tudent Association: Memberships: A.B A. C. L. C .. 1 . L. G .: Personal Sta istics: 40 years old. Married (DINK-du.il Income. No Kids): Endorsed by: Curr nt Evening Vice-President. At least eight S.B.A . Senators. What we need as evening student 1<; continuity of representation. I will continue to be active in NYLS affairs for my remaining three years.

C. Revise contract to allow for use of student micro wave in lounge. D. Work to get public interest scholarship to become a reality. E. T V in student lounge.

dismay of the dining hall employees. Mind you, we were dancing on an empty table. quite far from any diners. The " Meal Captain." however. informed u that "Hot soup could go flying ... and ordered us to surrender our meal cards and vacate the premi es. I did so, but Bob refused to turn in his meal cards and preferring to retreat to underground anonymity. I. therefore. was hauled into the Dean ·s office. without benefit of counsel. The Dean immediately threatened that if I didn't reveal my dance partner's name my punishment would be aggravated. She also said that anything I said could be held against me. I hadn't even known I was being arrested! In the end it turned out 0.K.- Bob turned himself in and we plea bargained down to a letter of apology to the Dining Hall. The event stuck with me . though . and instilled in me the devotion to work for the protection of citizens' constitutional rights. That's why I'm here and also why I'd do a great job as Treasurer. I'll work diligently for the student body to allocate funds for worthwhile, educational events and to keep the S.B.A. an organization that benefits NYLS and the outside community. Who knows, maybe I'll even sponsor table dancing events for very special causes.

Francis Chan, 2L is running for Day Vice President. This year she was an officer for LAW, ELLSA, and ALSA and was a member of the ABA LSD commission on minorities and women in the profession and will be Chalf during 90-91. She was also appointed to the dean's minority advisory board. She looks forw ird to continuing her commitment to contnbuting to the quality of life at NYLS.

MARCH 1990 â&#x20AC;˘

NEW YORK LAW SCHOOL REPORTER

CANDIDATE FOR SECRETARY OF S.B.A.

I am seeking the position of ABA Law

Student Division Representative because I want to improve the relationship between NYLS students and the ABA Law Student Division. I plan to promote increased student involvement in the ABA by running a membership drive and by recruiting students to participate in the ABA regional and national conferences. I ask that you votge for me so that I can apply my energy and legal experience in Representing the students of NYLS in the ABA Law Student Division.

We all know this school is far from ideal in meeting our needs. As an SBA senator this year I have learned much about this school's inadequacies, as well as what could be done to eliminate them. As a result, I have developed a genuine concern for improving the students' quality of life while here. As an executive board member, I will be able to further the interests of all NYLS students in order to achieve the kind of school we want and deserve. Kerri Lechtrecker

Dierdre James

Glen M. Miller, Position sought: American Bar Asso:ciation/Law School Division Representative.

Resolutions which we intend to take to the National Convention in August: I . Educational Effectiveness and Fairness: While the "do well-or-die exams" are traditional, they are not the most effective way to learn, nor are they fair to our hardworking peers whose creativity and knowledge are not realistically represented through these exams. A resolution applying the recent Harvard study on effective learning and other student suggestions polled from law schools in our circuit and across the country, will provide data to the American Bar Association from one of its most important constituenciesand from its future. Minority concerns and bar exam results are also related to this resolution. 2. Placement Policyfor Everyone: An information-sharing resolution to ensure that models of realistic yet viable placement be developed for EVERYONE qualified by law school study to progress toward passing the bar exams.

As a class Senator and member of the Student-Faculty Liaison Committee throughout the past year I have attained valuable experience in promoting the interests and protecting the rights of my fellow students. I feel competent to further expand my duties with the position of Executive Board Secretary, and as such I will exert my best effort in continuing to advocate the students' demands to promote growth within the NYLS community.

Elizabeth Colontonio

Barry H. Block Position Sought: Evening Vice President, positions held: SBA Senator, 198889, SBA Judicial Board, 1989-present. Evening Editor of The Reporter. Platform: Increased participation of evening students in the decision making process at NYLS.

Chris Di Girolamo Running for Attorney-General of the S.B .A. Undergraduate degree in History/ Political Science from Fordham University hopes to enter the Entertainment or Sports Law field upon graduation. Originally from Bergen County-Woodcliff Lake N.J. now lives in Hoboken. N.J. would like to actively participate in the political and procedural sides of New York Law School . My goal is to aid the student in any pursuit they deem worthy of undertaking. Many students feel that the government of the students is not for the students. It is my desire to change the feeling of ther student body with regard to this.

â&#x20AC;˘Page 11

Kathy Barnett Running for Attorney General of the SBA. Have held position of Senator for the 1989-90 year: Graduate of Villanova University with major in Communications and minor in Political Science. Purpose for running is to improve both educational and social qualities of New York Law School with the students' interests in mind.

Jason Oshins, Position Sought: ABA Representative. Platform: "Freedom for the repressed. Arthur C. E. Burkard If elected, I will strive to effectuate substantive programs which incorporates the ideals of the ABA in conjuction with desirable changes in the NYLS curriculum. Only through strong, open and independent leadership can these needed changes be brought about. Eviscerate the passive "leadership" which seeks continued control of the SBA Executive Board! VOTE for the truly Jndepender candidate.

•MARCH 1990

NEW YORK LAW SCHOOL REPORTER

Page 12 •

Flick Buddies .

The Stage .

• •

"Black Rain" falls heavily from a dark in the way of national ism in general. What is discussed of America and the bomb occloud curs towards the end. "An unjust peace is better than a war for justice," Yasuko's by Albert J. Wollermann Black Rain is a horror story. A horror uncle decries somberly as he questions the story which is told through the humble practice of war and the use of the bomb. The film incorporates a theatrical flair. eyes of a young woman and her family In one scene Yasuko's neighbor, himself affected by the Hiroshima bombing. Shot in black-and-white, this subtitled a victim of war psychosis, plays out the Japanese film opens on a quiet August events which led to his madness. It is with sky. The silence is stirred only by a soft him only that Yasuko can unburden herself buzz. The propellers of a single plane. and to him only she can allow her hopes Unceremoniously a container is released of marriage to be directed. But the effects and floats on a parachute menacingly to- of history, of the events of August 6, 1945, ward the earth. The simplicity of the scene are not those which allow dreams to rise itself is terrifying. And after the blast, the above. Rainbows do not shine in this film, somber anticipation of death remains the black rain is still fallng. The story allows the audience to emthroughout the film, integrated into the phathize with the characters. Innocent viclives of each character. Yasuko (Yoshiko Tanaka) is a young tims, guinea pigs of a sort, whose only woman in late 1940's Japan, living witr crime was living in their homeland. This her aunt and uncle. She and her family is not a film about nationalism, not about are survivors of the Hiroshima bombing, propaganda nor the Ramo-ists glorificaand they're generally assumed to be tion of war. In Black Rain we watch as tainted with radiation sickness. Yasuko, one group of people, not Japanese, not although she observes the mushrooming Americans, just people, try to go on with cloud, is safe from the blast but is splashed life. I've seen the film twice. Each time I've by the irradiated downpour of black debris seen it with a different flick-buddy, at difthat followed the firestorm. In a parlor-room hush, the film suggests ferent times of the day and in a very difa gentle social comedy as Yasuko's aunt ferent mood. Although both found it inand uncle try nobley to arrange a marriage teresting, the first time was late afternoon, for their attractive niece. But the reality the mood was light and my friend felt it of her situation results in her suitors, one was too disturbing. As a result she was after the other, becoming discouraged to less attentive. The second time was a late Sunday evening. We were both tired and learn of her exposure to "the bomb". Like the landscape itself, although aes- had finished a long discussion of a somethetically pleasing in its silvery beauty, what serious nature. Afterwards we had the film is void of color. Emotions. hopes time to talk about it over a drink. It seems and daily existence lack the luster" ioyful we each got much more out of it. So life as Yasuko and the other Hir ·>hima watch your mood . Don't go seeking entersurvivors remain on guard for the tainment. But I think you should go. Black Rain is based on a novel by symptoms of radiation poi oning. Although the topic is a heavy one. not Masuji Ibuse, inspired by the diary of a a light date to be sure, this is an interesting Hiroshima survivor. It is not the recently film to experience. There are a few scenes released American movie which stars of the streets of Hiroshima after the blast. Michael Douglas. Black Rain is an Angelika Theatre reMelted skin, charred bodies and total destruction are recalled as Yasuko 's uncle lease and is playing exclusively at the Angelika Film Center. Houston and tries to transcribe his diary. There's no anti-Americanism and little Mercer Streets. There is no MPAA rating.

• • A Few Great Hours, Sir Jerry Brunner discussess

A Few Good Men a new play drew a long deep breath and blissfully deHulce, Oscar nominated for his perfor- clared: "First thing we'll do, let's kill all mance as Mozart in AMADEUS, is a per- the lawyers" (Okay, so the line was stolen feet and wonderful actor for the stage. from Shakespeare-no points fororiginalMegan Gallagher is also intriguing to ity-but the impact of this moment was watch, particularly because her character no less powerful and ironic). The entire isn't just someone's love interest bimbo audience broke into cheers, including (although she is, interestingly enough, en- Gekko (my laymen friend '·Gekko Gorgaged to the playwright). Mark Nelson, don") as if we were suddenly removed who was in the play RUMORS, is also from the theater and placed into the World just right as Hulce's buddy trying to "do Series. I knew that the evening ahead the right thing." My friend enjoyed these would prove memorable as well as inforpeople and was also pleased by Victor mative. Love's portrayal of the Lance Corporal A FEW GOOD MEN could be considered following orders (or was he?). But he was by many to be one of the most original most impressed by Stephen Lang's perfor- plays on Broadway amid a sea of revivals, mance as Lieutenant Colonel Nathan Jes- British imports. and glossy musicals. sup, commander of the Cuban Naval Base Aaron Sorkin 's first Broadway play uses and dedicated to his country and his ser- the accidental killing of a Miami soldier vice (you might remember him as Happy who was ridiculed by his fellow platoon in DEATH OF ~ SALESMAN with Dus- members as the source for a piece that tin Holffman and John Malkovich). One goes beyond the typical '"courtroom is left guessing as to what Lang's character drama.·· Private First Class William Sanhad to do with the murder. and Lang is tiago wishes to be transferred away from neYer less than frighteningly perfect. '"A the United States Naval Base in Guansure-fire Tony performance if I ever saw tanamo Bay. Cuba. but is killed (by accione!.. Gekko pointed out. Truthfully. dent or design?) when two of his battalion everyone in the 20 member ensemble is members. Lance Corporal Harold Dawson never off target. (played by Michael Dolan) inflict what is Throughout the play. we are given con- called a '"Code Red ..-a form of punishstant visceral and cerebral recollections of ment by one's own battalion meant to upthe military. Soldiers move the intelli- hold the Marine Code of Honor. Lieutenant Daniel Kaffee, A Marine gently sparse set during each scene change as they march and sing a chilling thunder- Corps attorney. (played bri\\iant\y by ous rendition of the military sound-off. Tom Hulce) is appointed to the case Equally dramatic is the silhouette of a due to his great skill in plea bargaining marine sentry who continually stands at along with Lieutenant Sam Weinberg attention in a watchtower with his back to (acted well by Mark Nelson). Kaffee · s

"I

k~ew

I was at the right place

by the time Stephen Long, playing

The Written Word.

• •

Liars PokerStep into the macho world of bond trading.

the antihero of the play, drew a long, deep breath and blissfully declared: 'First thing we'll do, let's kill all the lawyers."'

by Diane Wolfson I cannot rave enough about this book. their companies and themselves than any It is well written, tremendously funny. ac- time in history. This group of grown men. curate, perceptive and revealing. products of the most expensive educaln a style reminiscent of Tom Wolfe. tions. were unusual in that they exhibited the author, Michael Lewis. charts the rise a wide array ot juvenille behavior. Some and fall of Salomon Brothers, and by anal- traders installed extra-long chords on their ogy, the ri . e and fall of Wall Street in the phones to increase their ra~ge when throw1980s. ing the phones at trainees' heads. Others Lewis also gives the reader an inside spouted continuous streams of profanity: look at the bond trading floor of Salomon ·•If you don't pay fuckin' attention to the Brothers. Traders generally have notori- fuckin' two-year. you get your fuckin' ous reputations, but there is very little face ripped off. Noun. verb, adjective: written about the details of their habits fucker, fuck, fucking. No part of speech and personalities. was spared." They ate lots of junk food. The book's opening quote says it all: They spent their time and energy thinking '"Wall Street,' reads the sinister old gag," up pranks to play on the trainees (whose is a street with a river at one end and a sole reason for existence. it seems. was graveyard at the other.' This is striking. to be the object of the traders abu e.) but incomplete . It omits the kindergarten Lewis recounts his rough ride through in the middle." Salomon's famed training program. In deOne ki~dergarten class was held .at the scribing the training class. he distinbond trading floor at Salomon. This was guishes between the front-row people, a world where many unskilled people. mostly '"the same as front row people all over the Continued on page 15 men 1"1der thirty, made more money for

the audience throughout the entire show. To conclude. if you 're looking for a great piece of entertainment that will not only keep you guessing. but will enlighten. inform and entertain. I suggest you leave your lawbooks behind and march to A FEW GOOD MEN. which i Broadway at its military best. While yearning for a day long study break, I was rescued by my good friend who invited me to leave the inner depths of my small printed Constitutional Law book and join him in seeing A FEW GOOD MEN currently playing at the Music Box Theatre ,on 45th Street and Broadway. Although I left my law books at home. I knew I was at the right place by the time Stephen Lang. playing the antihero of the play.

good friend ... and Lieutenant Commander Joanne Galloway (portrayed by Megan Gallagher of :rv·s Slap Ma.nrel/). a lover of justice and morality dedicated to finding the truth qt all times and at all costs. What was to hive been a routine case for the twofriendsiselevatedbyGalloway'sconviction and insistence that the accused know more than they are saying and that there is some sort of coverup going on. What follows is an investigation of the facts by these three. as well as. some personal examinations into what makes our three heroes tick-specificlaly Kaffee 's frustration at not living up to the standards of his father. a great attorney who was involved in several landmark cases. This is the only plot information I can give you without ruining the framework and excitement of the play.

MARCH 1990 •

NEW YORK LAW SCHOOL REPORTER

•Page 13

.

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Page 14 •

• MARCH 1990

Republicans May Abort On Abortion by Jerold Levine When George Bush delivered his keynote address at the Republican National Convention of 1988, one could hardly miss the fact that . despite some rhetoric that was "kinder and gentler," this was a man supportive of the traditional Republican campaign platform . Among the highlights was clear support for the ever-present Republican view towards "limited government." And even though Bush is far less extreme in his enthusiasm for the ultra-right wing of the Party. like every good Republican before him. his address was heavily laced with the strong libertarian message of individualism and virtually unbridled economic liberty that all conservatives hold dear. So why, with so much heartfelt sincerity for individual freedom. has the Republican Party persisted in its opposition to abortion? There are several answers. Firstly, Republicans have not continued to dominate presidential politics without what has become known as the "Southern Strategy." This strategy is predicated upon the correct belief that Southern Democrats are today ideologically closer to mainstream Republicanism than to the current leadership of the Democratic Party. In a nutshell. as long as Republicans can hold onto Southern Democrats by supporting those positions that such Democrats routinely favor. then liberal Democratic candidates cannot regain their Party's former hold on the South. Consequently, without the South, a Democratic win in a national campaign is certainly unlikely at best. , The Southern Strategy has served national Republicans well. With the decidedly temporary exception of President Carter (an

exception more likely the result of Watergate than of disliked Republican political stances) . the Strategy has assured Republicans of a streamfull of presidential victories . Abortion places highly among those issues most felt by Southern Democrats: a basically fundamentalist Christian group with a strong distaste for more permissive liberal values. (This is even true among Southern blacks. Unlike their Northeastern counterparts. Southern religious blacks. especially. are far more supportive of Republican Presidents. Not because of any great love for Republicans. but only because they share many of the same religious and soci~ v~ues as their white neighbors.) These people naturally see abortion as both a religious abomination as well as murder. They stand. for every purpose, in the same position as the Catholic Church when the issue is abortion . And Republicans, fearing a southern return to the Party which, perhaps prophetically, sports the jackass as its national emblem, are more than a little.. reluctant to trade-in the ·tried-and-true Southern Strategy in exchange for r~lief fr.om the political wrath of pro-abortion forces . · AnOther reason Republicans oppose abortion is that abortion. in and of itself:-is the kind of anti-establishment act-until recently anyway-that a conservative would be against. And Republicans are not noted for their liberalism. But this conservative view is based upon nothing more than individual taste . The same kind of taste which lets liberals support flag burning, even though time. manner and place restrictions on speech have long been upheld as constitutionally valid. It is only a matter of where one wants to come down

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on the issue . Either abortion is the kind of thing that government should proscri be. or it is not. And here lies the paradox for Republicans. There is no national party, other than the Libertarian Party. which favors at least the theory of limited government ~nd individual sovereignty as much as does the Republican Party. When you talk to a Republican. you are talking to someone who. at the outset. is virulently opposed to the philosophy of. .. there oughtabe a law! .. Republicans do not like laws. They hate laws. And a government that spawns laws is. to a Republican. nothing more than a

those freedoms it will support . The Party must oppose all useless and needlessly invasive intrusions by government into the lives of Americans. something which the Democratic Party does only to a point. Republ icans must be better than Democrats on the issue of individual liberty, and they must be more consistent. It is exactly because Republ icanism so much depends upon our natural suspicion of centralized government, and the desire to keep its power as weak as possible, that the Party is so widely supported . The anticontrol element of Republicanism affords no room for prohibiting women from using

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COLI.EGE PRESS SBMCE

their bodies as they see fit. Republicans need not thank the Court for Roe. Roe was a disaster. It was everything that a Supreme Court decision should not be, and much more. Even if one were to wet the Constitution with water. wring it out, and watch the words fall from the page to the floor, one could never create a rearrangement which spelled out a ''right to have an abortion ." Further, the position taken by the Court has, to many, failed any substantive achievement. The debate has not changed. Both sides are still ready to run at each other, bayonets in hand. Well, many Republicans are not going For while misguided Justices sought to · to support abort10n anyinore, at least not create a document more suited to late as many at the state level of government twentieth-century views of freedom , in the as have in the past. The reason for this is final analysis they only delayed what was that the chickens have come home to roost. · properl y a legislative debate from the start . While Roe stood as a judicial icon-and - Df'course, the Court did not act without a very shabby one-Republicans were effect . . it now has much egg on its face, safe. They could run as anti-abortionists, and an impossible task before it: Either and pro~aborti on voters still felt fairly recognize the utter invalidity of Roe and reassured. Whatever the president and act as real judges are supposed to--in the state legislators said, the Supreme Court process telling millions of women across was still behind the pro-abortion forces. America that for twenty years now it was But now that the Court may be changing all a big mistake--or continue to support its view of Roe, Republicans are in for a Roe and thereby sustain the result of a fight. Even the national Southern Strategy too-eager judicial activism that deserves is up for 'review, because whatever gains to die a swift death. Perhaps the Court are had through continuing to support a will find some middle ground. choosing hard anti-abortion line that pleases South- not the lesser of two evils, but rather the ern Democratic swing-voters, such gains lesser of three. might easily be eaten away elsewhere as But while the Court may well kill Roe , pro-abortion women-previously non- that would be poor justification for Repubvoters or Court-reassured Republican sup- licans to start crowing for broad restricporters- flee into the open arms of waiting tions upon abortion . Republicans must opDemocrats. This change in Republican pose prohibiting abortions as they would positioning has already begun to take oppose any other law which enabled govplace. Several prominent Republican New ernment to regulate so private a matter. York State legislators have miraculously Theirown political principles demand it. altered their age-old views on abortion, Postscript: (The writer is a third year student and now find it "improper" for govern- at NYLS, and a Republican voter, who ment to be concerned with such an in- strongly supports both advancing and protensely personal decision. Such is a view tecting the broadest guarantee of indithat should have been taken long ago, for vidual liberty from government restriction if the Republican Party lays claim to the as is attainable, however, seeking such title of ' defender of freedom ' from ' need- advancement through the constiutionally less government,' then the Party is indeed prescribed legislative scheme, and not via unable to subjectively pick and choose improper j udicial activism).

necessary evil in an imperfect world. lf no Jaw will do. then that is the Republican choice . So when one considers the fact that millions of American women are going to have abortions whether or not Republican sensibilities would approve . the Southern Strategy notwithstanding, why in Heaven's name are Republ icans still opposing abortion? Why is the party of li mited government. the party that so loves individual choice, so ready to tell women that a personal cho ice relating to their bodies is not their's after all ?

MARCH 1990 •

NEW YORK LAW SCHOOL REPORTER

Putting Human Rights on Hold by Anthony Iadevaia In the wake of a recent State Department report and souring American public opinion. the Israeli government has launched a '"damage control" campaign aimed at restoring the legitimacy of their occupation of the West Bank and of Gaza. The campaign has sought the mass audience that is available on American television and al o the personal contacts that are available on the law school circuit. The eagerness of the Israeli government to reach the American public was evidenced by the heavy schedule of General Amnon Strashnov who was to speak to six law schools. including N.Y. Law S:hool. in a matter of two days. General

Straschnov is a Military Advocate General for the Israeli defense forces present in the occupied tt:rritories. He serves in place of a judge and is responsible for trying Palestinians under Israeli military law. General Straschnov's agenda was "Human Rights In The State Of Israel", the exact topic of the State Department report which gave the Israeli government very low scores for their handling of Palestinians under international human rights standards. The Advocate General openly admitted that the Palestinians ''do not enjoy the same human rights as do people in civiliz<d countries ... He justified the denial of free speech. detention without charges.

Liar's Poker Continued from page 12 world, only more so, .. and the back-row people, who did ''the wave" cheer and threw spit wads. And we are introduced to the array of traders and salespeople, with nicknames like The Human Piranha and Sangfroid. who appeared every day to teach 127 wired and terrified trainees the rules of the jungle. The jungle, of course, is Salomon Brothers. "It might be more important to choose a jungle guide than to choose your product," warns one speaker. Even the back-row people took heed. because trainees were the lowest form of life in the jungle. A trainee. by definition. is lower than whaleshit. "Life as a Salomon trainee was like being beaten up everyday by the neighborhood bully. .. For example. after class each afternoon trainee were pressured to go onto the trading floor for their daily terronzing. One trainee was so petrified he couldn't hear to step off the ele\ ator onto the trading floor. He would ride up and down in the rear of the elevator every afternoon. Once news of his handicap spread. he disappeared. Lewis soon learned that the goal of a trainee was to figure out how to emerge from under all that whale hit and metamorphize into "that most revered of all species: a Big Swinging Dick . . . . Even front-row people hoped to be Big Swinging Dicks once they had learned what it meant." One earned this title by, for example, making a big sale. after which a managing director called whoever was responsible to confirm his identity: "Hey, you Big Swinging Dick, way to be." After being sprung from the training program, Lewis was sent to the London office to be a bond salesman. As a person immediately out of the training program he was in that "disgusting larval state between trainee and man," called a geek. Geeks knew nothing, so were given small customers who did small trades to practice on. If a geek ended up putting one of these customers out of business, the customer was said to have been ''blown up.,. Once the geek stopped blowing up customers, he or she was permitted to advise big investors. Much of the book describes the period when Lewis was selling bonds. He blows up his first customer, survives, copycats those around him, and becomes a Big Swinging Dick himself. It should be obvious that one's chances of survival in the jungle are significantly better if you are a Big Swinging Dick. ''The place was governed by the simple understanding that the unbridled pursuit of perceived self-interest was healthy. Eat or be eaten." To support this conclusion, Lewis treats the reader to an inside look at one of the most profitable desks on Wall Street, the mortgage trading department. The mortgage trading industry was started by Lewie Ranieri. "Loose, loudmouthed, and brash. Back office staff who

worked for Ranieri remember him telling them what to do by screaming at them at the top of his lungs while standing on the top of a desk waving hi arms. like a referee." "Ranieri created the mortgage trading desk in his own image: Italian. self-educated, loud, and fat. ... Just as some people are mean drunks, mortgage traders were mean gluttons. Nothing angered them more than being without food. unless it was being interrupted while they ate. ... When asked to find food. a trainee on the mortgage desk simply brough back as much of everything as he could carry ... Mortgage traders were back-row people to a man, and these men made a fortune . "lt was an accepted fact . . . that mortgage trader. had iron ball. . It \\as an accepted fact that as a mortgage trader you didn't make a lot of money in your market. you made all the money in your market . . . you did all of the trades in your market. .. And herein lies the beaut} of Lewis' book: its perspective. Lev.i i n't afraid to say that these traders made money because they were in the right place at the right time. It's easy to make money in a market when you are the market. As it is. bond traders are tolltakers. and in mortgages, Salomon Brothers was the only company with a tollbooth. Lewis attributes the success of the mortgage department to a combination of factors. First, luck. Second, a Big Swinging Dick with vision, Lewie Ranieri. And third, dumb customers. Victims. The market's fools. Further, Lewis generally ·sees the rise of Salomon brothers, whose business was mostly bond trading (which used to be very unprofitable and unfashionable) as a result of being the only company on the Street that traded bonds when Volker, the Chairman of the Federal reserve, let interest rates float in 1979. The other reason was that American borrowing exploded in the 1980s. However, by 1987, the luck was running out. Not only that, but arraogance, turf wars, and sheer stupidity were raging at the company's highest levels. The company had begun to spiral into decline, the first sign of which was the layoff of over 600 traders and salespeople. Don't let all this talk of markets scare you. Lewis explains the markets with surprising simplicity. You don't have to have worked on Wall Street or have been an economics major to understand his explanation of exactly what went on at Salomc!'l Brothers. Reading this book is a painless way both to learn about traders and the financial markets, and to appreciate the humor inherent in one of the most macho and fascinating industries of our time. Where did the book get its title? You'll have to read it yourself, but I will tell you that it's an interesting story that typifies traders and their thinking.

and restriction of movement, on the premise that laws of war are applicable in the territories in response to the civilian uprising. He made the statement despite universal recognition both in the charter of the United Nations and the Universal Declaration on Human Rights that human dignity and personal freedoms are so ingrained into international law that they cannot be subject to the discretion of any government. but are the ieent right of all people. Therefore when the Israeli government announces the suspension of human rights. it cannot expect the rest of the world to simply approve. Instead it is to expect harsh criticism from both governments and private citizens. The Israeli government justifies any suspension of Palestinian rights directly on Article 64 on the 4th Geneva Conference which provides that an administrator of a territory can create the rules necessary to maintain order and peace. It therefore concludes that it has been given a legal licence to take any action in order to achieve that goal. Some of the Spartan codes that have been implemented include the demolitior of the homes of Palestinians suspected 01 being involved in serious offenses against the Israeli army or people. The standard of proof need not be conclusive for an entire family to have its home leveled by bulldozers as was the case when an Israeli girl was killed by another Israeli settler in 1989. Unfortunately by the time the army was convinced that an Israeli was responsible for her death. it had already demolished several Palestinian homes in retaliation. Another directive allows the army to shoot live bullets into a crowd of Palestinians who pose an imminent threat to the soldiers. The procedure requires the soldiers to first give a warning. ifthat fails they are to shoot in the air. finally if that fails they are to shoot at the legs of the enemy Despite the close range that the Palestinians must be in so as to create imminent danger to the soldiers. the sol-

•Page 15 dier's poor aim has resulted in more gunshot wounds to the heads and bodies of Palestinians than it has to leg injuries. In fact the army admits to over 550 deaths and thousands of injuries as a result of their policy to shoot at the legs. The Israeli government has also interpreted Article 64 to justify its deportation of 54 Palestinians in order to preserve order. The army prosecutor recommends to the military judge that certain persons create such a danger. whether actual or potential. that they should be deprived of their right to live~ within the territories. The chances are that if a Palestinian is recommended for deportation, he will be despite his right to appeal to the Israeli Supreme Court. The statistics show that I person out of 55 has won the right to stay by appeal. Despite the right of appeal a $700 fee must be paid in order to go through the process. an amount not generally available to the average Palestinian. Although a native Palestinian may be deported. an Israeli citizen cannot be even if convicted of disturbing the order and peace. The reason being that Israelis and Palestinians living in the same territories are subject to different laws. The two laws are very diverse in that the one is aimed at respecting human dignity, while the other is aimed at suppressing it. Perhaps the human rights violations can best be summed up by a statement made by General Straschov in his closing remarks. "human rights should not be a suicide pact for Israel". This attitude espoused by the Israeli government demonstrates its basic misunderstanding of the position of human rights in the eyes of the world. Human rights should not be a tool for achieving an ultimate goal, as .the Israeli government believes. rather human rights should be that ultimate goal.

Tony, We found it. Eds.

How To Dress (and be addressed) As A Lawyer by Barry Block Yes, believe it or not, the founder of the Custom Shop recently addressed (no pun intended) the student body on this very topic. Mortimer Levitt is a "dapper" 83 year old gentlemen who told us (among other personal things) that he has owned his tuxedo for over 23 years (that's longer than most NYLS students. He proceeded to tell the mixed group that he didn't have time to discuss how females should dress, but that "this information would be useful when they met the future man in their lives ." Levitt's lecture was filled with such data as "there are over 400 different shirt collars" and that every man should "get a 3 hour fashion consultation ." The lecture, however, was not completely commercial . After telling the audience that jeans were inappropriate for lawyers to wear (even casually .. . wear chinos instead), he went on to discuss color coordination . The basic rule is to wear either all solids or 2 solids and a pattern , with the pattern picking up the base color of the uit. For more information, I recommend that you check out the library to which Mr. Levitt has generously donated a copie of each of his three books. You, can also visit any Custom Shop "no obligation, of course." Those attending this lecture were given an informational brochure describing the

basic rules of fashion and inviting them as new customers to purchase 4 shirts at the introductory price of $168 .00 or a suit ($475 and up). What I was most interested in, however, was not how lawyers dress (although I have recently started to wear suspenders) but how lawyers are addressed. it seems that Mister, Mrs. or Ms. seems inappropriate to an attorney's level of education. It seems that there are millions of people walking around calling themselves "doctors" . Most it seems, are merely Ph. D. 's often with the same (or less) than the 85 credits passed than we have. Even bonafide physicians (MD, DDS, DPM) have only one extra year of education . Considering we receive a doctorate degree (Juris Doctor), maybe we should start cal ling ourselves doctors!!! Then, again it would get confusing in a malpractice trial. The jurors mig ht confuse us for the real doctor and we certainly don't want to inherit their malpractice problem (we've got our own) . Fi nail y, there's the matter of gender (apparently nobody clued old Mortimer into the fact that this profession is sexually integ rated) . When I first met an attorney , I was told to address him as esquire Does this mean that a female lawyer should be called an esquiress??? I guess I'll let others decide how they will address us. . What do you think Counselor? •

Page 16 •

NEW YORK LAW SCHOOL REPORTER

•MARCH 1990

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