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4-11-1977

Hastings Law News Vol.9 No.17UC Hastings College of the Law

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1$asttngs 1Law ｾｴｗＵ＠The University of California Hastings College of the Law

VOL. IX, No. 17 SAN FRANCISCO APRIL 11, 1977

FINANCIAL AID SURVEY: HASTINGS CHILDREN VOICE PLEA STUDENTS LIKE SERVICE

Is Financial Aid a privilege or a right? In a recently conducted survey by the Hastings College Financial Aid Office, students surveyed were even-ly split on whether Financial Aid was a right or a privilege. The survey, covering approximately 300 Hastings students, proved to be most interesting.

Hastings students, while split on the issue of right or privilege, over-whelmingly responded that parents should not assist with a student's educational expenses, regardless of their age or marital status. The margin was 4 to 1 against parental support.

The Hastings Administration has agreed to consider assessing a $1.00 per student per semester fee to aid the Child Care Center if student support for such a fee can be shown. The Child Care Center wishes to show such support by getting as many students as possible to sign petitions.

The Child Care Center feels the fee is justified and is in the best interests of the student body for many reasons:

• The Child Care Center, starting this semester, has been granted state funding. This means that student parents who use the Child Care Center will get a fee reduction de-pending on the family's income. (The

determination of " income" is much more realistic than that made for Snancial aid, e.g. student loans are not considered income.) Students may not have to pay any fee.

• This also means that many stu-dents who were financially unable to use the Child Care Center can now do so. In the past few years because many students were unable to pay the fees, the Center was opening to federal employees. It is now expected that with state funding more students will look to the Center for their child care needs. Every interested parent of a child 6 months to five years of age should contact Lyda Beardsley,

Continued on page 16 It should be pointed out that this view is not shared by the Federal Government. In fact, Congressional Legislation dealing with financial aid specifically requires parents to help students as long as they have need. Regardless of the philosophies em-bodied in Age of Majority Laws, Marital Status Laws, Income Tax Laws, etc., Financial Aid Legislation places the responsibility for educa-tional costs on the parents if they are able.

Financial Aid Office guidelines re-quire that priority be given to the neediest students, it is necessary that Hastings is able to substantiate that these limited funds go to the students with the greatest need.

LEGAL CLINICS: YES!

There is every indication to believe that as a result of inadequate fund-ing, H.E.W. and the State of Cali-fornia will be tightening their rules rather than relaxing them. Since the

The criteria used by the Financial Aid Office to award aid must comply with governmental regulations. In Financial Aid Administration, it is necessary to rely on the integrity of both the students and his/her parents in reporting their respective financial situations accurately. Nevertheless,

Continued on pa/(e 14

The wide variety of clinical and ex-terns hip programs at Hastings pro-vides students with practical insight and experience in the law process. As Charlie Seamann, a second year stu-dent involved in the U.C. Medical Center Clinic observed, " It [the clin-ic 1 really helps me understand the interaction between the various areas of the law. The individuals we coun-sel manage to encounter the law in an amazing variety of settings."

1977 ABAI AMA MEDICOLEGAL SYMPOSIUM

The U.C. Medical Center Clinic is only one of an array of clinical and externship programs organized by Professor Tom Rothwell, Director of Hastings Clinical Programs. The clin-ical experiences include Labor Law,

On March 17-20 the American Bar Association and the American Medi-cal Association held a joint sympos-ium in San Francisco, attended by nearly 500 doctors and lawyers and designed to further communication between the medical and legal fields.

of the respective fields. In today's so- Criminal Justice, Civil Justice, Sex ciety, however, it has become in- Discrimination, Employment Dis-creasingly clear that some interplay crimination, Trial Practice and the does become necessary, and has burgeoning U.C. Medical Center often proven beneficial. Clinic. These clinical programs oper-

The area most in need of open ate under the supervision of Hastings communication and that which was faculty and the host agency. given the greatest attention in the An alternative to the clinical exper-

Director of Clinical Programs

one, is an externship. Externships are conducted by the Hastings Office of Clinical Programs and the host agency. The externships encompass almost all of the Northern California Judicial, advocacy and administrative agencies.

Continued on back page As a member of the Law Student

Division of the ABA, this Vlriter was afforded a rare opportunity to attend the symposium after the host Asso-ciations waived the $75 registration fl ,e for all LSD/ABA members. (I ap-plaud this decision and strongly urge that such an offer become normal op-erating policy but also encourage greater student participation and concern.

symposium is professional liability. iences, and an often complementary Though it rapidly became evident ｲＭＭＭｾＭＭＭＭＭＭＢＢＢＺＧＭＭＭＢＢＺＭＧＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＧ＠

Meetings of this type are instru-mental in furthering public ｡ｷ｡ｲ･ｾ＠ness of tne complex interrelationships between these fields and are, impor-tantly, a necessary step towards dis-pelling professional animosity. His-torically, law and medicine have been treated as distinct, non-interacting fields. Left alone, the scientific and dialectic methods are more than ade-quate to accomplish the desired goals

HASTINGS LAW NEWS

Hasllngs College of the Law University of California 198 McAllister St. San Francisco, Ca. 94102

that there has been a real and sincere attempt by both professions to deal openly with this problem, it was equally clear that conflict and under-lying animosity still exists. Appro-priately, the symposium began with a morning session devoted entirely to this subject.

Representing the issues from the AMA's viewpoint was President-elect John H. Budd, M.D. Dr. Budd pointed out that the burden has been placed on the legal profession to lessen the social impacts of profes-sional liability and that significant gains have been made to belay the crisis for now. Nevertheless, insur-ance rates have gone from $61 million

Continued on page 10

LAW NEWS

J JOB OFFERS: MORE WILL COME EDITOR'S NOTE: Since we ran this we have received absolutely NO negative response. We urge you, if you take issue with this proposed use of fees/ fee assessment, to write us at the Law News via intercampus mail.

An aggressive, polished and com-prehensive information/placement campaign publicizing Hastings grads, the Hastings curricula and the super-ior quality of Hastings students. What will it mean? It means jobs. It means clients.

The legal community that has heard of Hastings very often labors with the image of the College as it was ten and even five years ago

when, admittedly, there wasn't too much besides a great faculty to brag about.

Today Hastings boasts an even stronger faculty and students and curricula to match. Entrance statis-tics for Hastings students are very nearly equal those of Harvard, Chi-cago, Stanford and Columbia. Boalt Hall, once a powerhouse, is rapidly losing that reputation, even among its own student body. (The Law News will shortly carry the story of a Hast-ings student who transferred to Boalt but is transferring back - totally dis-satisfied with the Berkeley law school.)

Continued on back page

DEAD OR ALIVE?

Non -Profit Organization U.S. POSTAGE

PAID

San Francisco. Ca. Permit No. 10286

PAGE 7

PAGE2

ANNOUNCEMENTS YEARBOOK ANNOUNCEMENT

If you missed your chance to have your photo taken before the break, the photographer will return to Hastings on April 18, 19 and 20th between the hours. of 9 a .m . and 6 p.m. in the Sutro Room. Drop by and make sure that you are included in the yearbook.

S.F. TO HOST JESSUP COMPETITION FINALS

The semi-final and final rounds of the Jessup International Law Moot Court Competition will be held in San Francisco on April 20 to 23. Among the judges scheduled to preside over the finals are Judge Browning and Dean Rusk.

Simultaneously, the American Society of International Law and the As-sociation of Student International Law Societies will hold their conventions at the Mark Hopkins.

Students who would like to attend may do so without paying the $7.50 fee by volunteering as ushers, time-keepers, reporters, etc. In addition, anyone with a J .D. degree may be a judge in the Jessup semi-finals April 20-21. Since these events are usually held on the East Coast, this will be a rare op-portunity for Hastings students.

If interested, please contact the International Law Society, Rm. 111 at 55 Hyde, or leave a note in locker #331.

TUTOR POSITIONS AVAILABLE

The LEOP Tutorial Board is presently recruiting tutors for the 1977-78 academic year. The basic selection criteria will be the applicant's desire to teach and his or her ability to relate to third-world students. Each tutor will teach one first year subject, preferably in a class taught by a professor he or she has had previously. Seminars will be offered for the tutors at the begin-ning of the year to explain teaching techniques. Tutors will then give a one-hour discussion each week for which several additional hours of preparation will be necessary. A small stipend will be provided.

All interested first and second year students please come to Room 106 for application forms or further information. The deadline for applications is Monday, April 11, 1977.

VETERANS SUMMER SESSION

The Veterans Administration has advised us that there will be no "ad-vance" payments for summer enrollment and that the first check will not arrive until July. Students should budget accordingly.

EXAM INFORMATION

The Registrar's Office has Exam Change Petiions available. These should be handed in by April 15, 1977, and the results will be mailed to the students by April 22. Consult the schedule on the petition before requesting a change, as there are changes since you last saw this schedule. See also the exam rules, printed in this issue.

NEWS RELEASE

The California State Printing Office has been unable to finish this year's Financial Aid Application on its scheduled date. The applications were originally expected the first of February. Unfortunately, new HEW and California State legislation necessitated revisions to our original design, which added to the delay in our receiving the final form.

As soon as the forms are received, notices will be posted on Bulletin Boards and in the Hastings News media. Please secure applications as soon as possible and return them to the Financial Aid Office to avoid delays in the processing of your next year's award.

THE BIG ONE

The Hastings Democrats invite you to meet with the newly elected State Chair of the California Democratic Party on Thursday, April 14, at 3:30 p.m. in the Mezzanine Commons. Refreshments will be served. .

COMMITTEE FOR LAW CENTER ALTERNATIVES

The Committee for Law Center Alternatives has reached three basic principles of agreement. (1) No demolition of housing until the tenants have replacement housing and relocation acceptable to them; (2) Students must be actively involved in the planning and the only relevant considera-tions are the educational needs, not the prestige, of Hastings; {3) Any new L.C. plan must be responsive to the needs of the surrounding community.

Students interested in working on the following committees anytime during the next few months should please contact Student Planning and Coordinating Committee, Matt, 824-2269 or Rick 563-6088: Administrative Liaison committee, Dave 586-7182; Legislative committee Chris 285-5417 or David 387-6009; S.F. Community Contact committee joan 387-4082 or Lori.922-4319. Watch ｦｯｾ＠ notices of committee and gene;al meetings on the EnVll'onmental Law Society Bulletin Board. . .

HEALTH SERVICE ENDS

Hastings' contract to provide health services to students via the U.C. Med Center and treating physicians is only for the regular school year. Check to make sure you have supplemental coverage for summer months or for your post-graduation era - if you feel you need it. Additional and com-plete details on what's available to you (and what's not) in the way of medi-cal treatment at Hastings are available from the Dean of Student Affairs and/or the Health Services Office.

HASTINGS LAW NEWS

RECOGNIZED STUDENT GROUPS

All Hastings student groups should make plans to have a black and white photo ready for the yearbook. Groups who cannot provide their own photos (Polaroids are not acceptable) should contact Bob Aicher at the Law News office or the Moot Court Board - 4th floor .

FREE LECTURES

Lectures for Wills, Trusts and Professional Responsibility will be held this month according to the following schedule. Wills is to be given on Saturday, April 16 from 10:00 a.m. until 4:00 p .m. at 220 McAllister Street and is open to all students. Trusts, also open to all students, will be given on Saturday, April 25 from 10:00 until 4:00 at 1290 Sutter Street. Admission will be restricted at the Professional Responsibility lecture held from 10:00 until 1:00 p .m. at 1290 Sutter Street. For more information about admission to this and other Early Start lectures please go to the BAR/BRI office at 220 McAllister Street (right around the corner from Hastings).

IMPORTANT: FINANCIAL AID CHANGES

A number of changes by the State of California and the Department of Health, Education and Welfare have been made for the 1977-78 academic year in the area of Financial Aid. The most far-reaching is the new law, As-sembly Bill #4027, passed by the California State Legislature redefining the criteria for independent status.

The law states that in order to be considered independent, a student must (a) not have lived with either parent for three consecutive tax years prior to the academic year aid is sought, (b) not have received more than $600 from either parent for the same period and (c) not have been claimed as an income tax exemption. However, the law makes an exception for those students who have been previously granted independent status by their college.

Also required for next years' financial analysis is a parental tax form verification from all students under 35 years of age. The previous years' age limit was 25. In addition, the student's contribution towards hislher support will now be based on the actual previous years' income.

Federal regulations require that for a student to be considered independ-ent, he/she must not have accepted more than $600 from either parent in the previous year. There was, however, a provision which allowed a student to borrow money as a "loan" from his/her parents if this was documented by a promissory note. This provision has been eliminated by H.E.W. for next year and now all "loans" between parents and children are considered gifts. These "loans" will affect your independent status.

WITHDRAWAL

The ｾ･｡ｾ･＠ for withdrawal. from the college is April 15 (10 days before the begmrung of the exam penod). Such withdrawal must be done in writ-ing at the Records Office.

COMMON MARKET CHIEF SPEAKS AT HASTINGS

On Monday, March 14 the Hastings Community enjoyed a rare privilege. Dr. Hans Joachim Glaesner, Chief Counsel for the European Economic Community, delivered a lecture on the legal problems faced by the EEC. ｃｯｾ｣･ｮｴｲ｡ｴｩｮｧ＠ o? certain articles of the Treaty of Rome, the speaker de-scnbed the relatlOns among the various Common Market countries as well as their relations with countries outside the Common Market.

Dr. Glaesner is presently lecturing at Boalt Hall. It was upon Professor Stefan Riesenfeld' s invitation that he agreed to address the International Law class. It was then decided to make this an all-school event sponsored by the International Law Society.

With persistence, Hastings can attain its deserved place as a regular stop on the international speaking circuit. Dr. Glaesner's appearance was an ex-ample of the rewards to be gained.

EDITORS Larry Falk. Sid Luacutoff ASSOCIATE EDITOR ... Bob Aicher ASSISTANT EDITOR ... Tom Garvin

Jeff Kimmel

LAW NEWS 24 Hr. Phone

557·1997

The Law News is published bi-weekly during the school year at the University of California Hutings College of the Law, 198 McAllister Street, San Francisco. CA 94102. Advertising rates furnished on request.

The contents of this publication may not be repro-duced in whole or in part without written permis-sion. Opinions. articles and statements which appear herein are not necessarily those of the staff, advertisers or editors of the Law News. © 1976

APRIL 11, 1977

ARAB LEAGUE REP TALKS ABOUT OIL

On Tuesday, March 29 the Inter-national Law Society's Speakers 8eries featured Dr. Khalid Babaa, Director of the Arab League office for the Western United States. Dr. Babaa spoke on Arab Oil Policies.

A graduate of Southwestern Uni-versity with a Ph.D. in International Relations from the California Institute for Asian Studies, Dr. Babaa has combined scholarly and diplomatic careers. He has taught at Baylor Uni-versity, and is the author of Non-Alignment in Perspective, soon to be published. He has also served on the Yeman Delegation to the United Nations.

From 1971 to 1974 Dr. Babaa was Chief of Research at Arab League headquarters in Cairo. His legal background, including law study in the Middle East as well as graduate work in international law at New York University, affords him a unique per-spective on Arab-American relations.

In his lecture, Dr. Babaa first noted the technological benefits to the Arab States resulting from economic re-lations with the U.S.

Referring next to the 1974 "Energy Crisis," he pointed out the dispro-portionate oil consumption of indus-

trial countries like the U.S. and the Netherlands, and the disparity between their demands and Arab needs.

Dependent almost exclusively on a depletable oil supply, countries like Saudi Arabia and Kuwait must pay more attention to the time element and to ecological considerations, while the industrial countries, which until recently controlled the removal of this resource, have been guided by more immediate financial considera-tions. This disparity, the speaker noted, has sometimes led to unfortunate conflicts. unfortunate conflicts.

In response to numerous questions, Dr. Babaa commented on Arab "Third World" policy, on the effect of oil prices on the world rate of inflation, on Arab-Israeli relations, and on OPEC policy towards the in-dustrial states. In an informal dis-cussion following his lecture, he described the tasks faced by Arab countries in need of alternative re-sources as well as a firm industrial base for future development.

Dickenson Society of International Law

MARINCO LAWYER REFERRAL STANDARDS

Last year, as many of you will re-call, this Bar Association, after nu-merous hearings, months of study, and not without some controversy, established experience standards for the Lawyer Referral Service panels. Those standards, which comply with the Rules, have proven to be a model for other Bar Associations throughout the state. The result is that rather than having a "yellow page" referral system, our Bar Association has offered to the public a service in which a panel of attorneys with some experience in the area in which the client is interested is made available. A client, for example, who seeks bankruptcy assistance no longer needs to visit three or four attorneys before he finds one who is experi-enced in, and willing to handle, the subject matter.

When the standards were adopted last year, the Board agreed to submit them to another vote of the member-ship after they had been in effect for a year. In accordance with that deci-sion, a ballot will be mailed to you in April asking you to determine whe-ther the standards should be re-tained. In order to answer any ques-tions you may have, and to provide a forum for discussion prior to the mailing of the ballot, we will devote the March 24 general membership meeting primarily to such discussion.

Hopefully, the discussion will be informative to all of us, will provide answers to your questions, and will result in a mature understanding of our efforts to serve the public.

-Richard H. Breiner, President Marin County Bar Association

WINNERS: COUNSELLING COMPETITION CHICAGO, March 25 - Regional winners were announced today in the American Bar Association's annual law school client counselling compe-tition, which is sponsored annually by the Law Student Division.

Tllil nine regional champion teams will compete for the national title on March 26 at Notre Dame Law School in South Bend, Ind. Participating in the competition were teams from 103 schools. This year's topic involved landlord-tenant law.

The winning teams, with their faculty advisors, are: Region 1: Albany Law School-Marsha C. Solomon and Barbara J. Pleckan; Professor Michael J. Hutter, advisor. Region 2: Columbus Law School, Catholic University - Carl Wilkerson and Terrell Roberts; John P . Dominguez, advisor. Region 3: University of North Carolina School of Law - Sidney Powell and Russell Roten; Associate Professor Peter G. Glenn, advisor.

Region 4: Texas Tech University School of Law - Robert Rendall and Risher Smith; Professor Charles P. Bubany, advisor. Region 5: Capital University Law School-Dennis Concilla and Leon Friedberg; Professor Mark A. Nordenberg, advisor. Region 6: Southern Illinois University , School of Law - Tim Eaton and Ronald Spears; Professor T. Richard Mager, advisor. Region 7: University of Wyoming College of Law - William J. Flynn and Steve A. Miller; Professor Mary F. Dieterich, advisor. Region 8: University of Idaho College of Law - Michael Gillespie. and Steven Hoskins; Associate Professor Michael L. Beatty, arlvisor. Region 9: McGeorge School of Law, University of the Pacific - Douglas Noll and Alexis Foote; Professor Robert F. O'Neal, advisor.

Judges for the client counselling

PAGE 3

INTERNATIONAL JOBS On Tuesday, March 15, the inter-

national Law Society sponsored an employment panel with Professor James Frolik, Ms. Carol Wilder and Professor Stefan Riesenfeld.

Professor Frolik concentrated on the private law sector. He suggested a number of firms known for work in the international field, and stated that New York, Chicago, Los Angeles and Washington, D.C. offer better opportunities for practice in inter-national law than San Francisco does.

Ms. Wilder, a Cultural informa-tion Officer with the Foreign Service, reviewed possibilities for employ-ment with the Department of State, both legal and nonlegal. She stated that legal positions are especially limited: staff lawyer openings with the Office of the Legal Advisor

RUNNING HOT

number five to six per year, including only three new graduates. In addi-tion, approximately six summer in-ternships and some work-study posi-tions are filled each year.

Professor Riesenfeld commented on his experiences with the State Department, including the fact that not many staff lawyers attain top positions because few are available.

Staff lawyers who Wish to progress further in their careers than is pos-sible with the Department often turn to teaching or become advisors to international firms.

Other sources for employment in the international field include most federal agencies and particularly the specialized international agencies. Watch for notice of future events.

-Jeanne Winslow

Some hot items are coming up on it'll be raw speed versus brute the ｾｮｩｮｧ＠ calendar, which should strength and you should plan to be be diligently noted. Sunday, April 14 there. Tentative plans are to start at there will be an 8 mile race in Golden noon at Speedway Meadows but Gate Park, starting at 10:00 a.m. more details later. ' from the Polo Fields. The following Finally, delinquent congratulations week, ｴｾ･＠ 17th, a five mile race will to Lenny Stein and Ed Wasp for be r:m m the. park, to benefit the successfully completing a marathon Special ｏｬｹｭｾＩｊ｣ｳ［＠ check the sports at Chico in March. Lenny smashed board for details. the three hour mark, with Ed coming

If you aren't up for either of these, close (3:05). Next year the Runners but are somehow connected to the hope to squeeze a few thousand more Runners (a runner or walker yourself, from ASH in order to finance a team or a friend of one), come out on to the Boston Marathon; until then Sunday the 17th and help the club it's running in the park and Bay to beat the Rugby Club in softball. Yes. Breakers.

WOMANSWAY YOR WOMEN INVOLVED IN SEPA-RATING FROM A RELATIONSHIP

Woman's Way is offering an 8 week workshop for women who have recently separated from a relation-ship and are dealing with making a new and independent life for them-selves. The leaders are both staff members at Woman's Way and have experience in co-leading woman's groups. Both are recently separated and interested in sharing with other women their own process of resolving such problems.

The group won' t offer ready-made solutions, but members can help each other tackle problems and develop ways of finding answers. We will concentrate on the practical problems of taking care of ourselves on our own such as moving, housing, seeking new friends and gathering places, finances, job-seeking, health and nutrition, childcare, legal issues, and finding help for emotional needs. We will take a close look at problems and feelings which seem overwhelming and tangled, and try to separate the practical from the emotional, devel-oping more effective methods of solving tangible problems. The co-leaders and guest speakers will offer information and resource lists of helpful people and places.

We can also learn a lot from each other about how to nourish and care

for ourselves during this painful time. The atmosphere will be supportive and sharing, but it is not primarily mtended as an emotional support group. At the end of 8 weeks, the group will evaluate the experience, with the possibility of planning an ongoing support group if the need is there.

The group will begin in April, the exact time to be arranged. Fees on a sliding scale. If you're interested in joining, please call Woman's Way at 453-4490 and leave your name and number. Laurie or Laurel will call you back.

FOR LESBIAN WOMEN Woman's Way will be offering this

8 week series for women of all ages, one evening a week beginning the first week in May.

Co-leaders will be Kate Rosenblatt, a professional in the field of Humani-ties, and Betty Shoemaker, a staff member with experience in group leadership and individual counseling. Kate and Betty would like the subject matter to be determined by the members themselves. At the end of 8 weeks, group members will evaluate their experiences with a possible view to continuing.

Please call Woman's Way at 453-4490 if your are interested, and Betty or Kate will return your call. Fees on a sliding scale.

.------------------------------------------, CLASS OF '78

THIRD YEAR BORED FORMING NOW

If you want to help call 647-6330 [Sid) or 552-5188 [Larry)

Let's start early and do it right!

PAGE 4

LEVIN'S PRACTICAL GUIDE TO THE STUDY OF LAW

a handbook for the few and obscure

When you get into law practice (and who knows, you just might - Ed.), you will inevitably be faced with certain problems in the area of professional misconduct.

When trying to decide what is right and what is wrong, you would be well-advised to turn to the Man Upstairs. But what if Dean Riegger is out of town? Then you must rely on the sense of honor and respect for your profession which you learned in law school. When you run out of this, about ten minutes or so later, you will need further resources to fall back on.

In the tradition of the medieval morality plays, this reporter presents some typical real life situations in which the attorney's very soul is pitted against the forces of good, evil and second mortgages:

I. The scene is the office of Meyer Finklestein, prominent San Francisco attorney, expert tennis player and devout Methodist. Mr. and Mrs. Mundane of the famous Mundanes of North Wilkesboro have come to see him. Mr . Finklestein has been their

attorney for several years. Now the couple wants a_ divorce and request that Finklestein represent one of them in the proceedings. Should Mr. Finklestein:

a) Reveal to Mr. Mundane that he has been having an affair with Mrs. Mundane?

b) Confess to the couple that he has misappropriated their funds and lost it at the races? If so, should he admit

MUSIC IN MY EARS Weather Report is the leading

electronic jazz band in America. Consistent winner of the Down Beat poll as No. 1 jazz group in America, led by two veterans of the Miles Davis aggregation of the late 1960's, Joe Zawinul on keyboards and Wayne Shorter on Saxophone; they are con-sidered by many to be the most innovative group on the current music scene. After a number of personnel changes, they have now settled into a consistent group augmented by Jaco Pastorious on bass, Alejandro Acuna on drums, and Manolo Badrena on percussion.

In their seventh album, "Heavy Weather," the group has established a niche in music, but seems a bit mired in it . The record opens with a tremendous Zawinul composition, "Birdland." An uptempo, swirling, and dancing melody carries the lis-tener along into a blazing crescendo of energy. The five man group sounds like a 20-piece orchestra.

Side 2 contains the Shorter com-position, "Paladium." Here the musicians create a throbbing bassi keyboards/percussion line and Shorter proceeds to weave a riveting tenor sax solo throughout.

Somehow the rest of the album falls short of such heights. Pastorious continues to emerge as one of the most innovate bass players in jazz today. Shorter's sax work

remains beautiful, but the overall product lacks the drive present in some earlier albums. It remains a polished musical product, well pro-duced and full of excellent musician-ship. Only the compositions leave it a slight bit flawed this time.

••••• Contrasted to the electronic sound

of Weather Report is the music of McCoy J'yner. Following a highly ｳｵ｣｣･ｳｳｾＱ＠ show at Zellerbach Audi-torium in Berkeley with a full orches-tra, Tyner will be closing a two week set at Keystone Korner through April 17.

McCoy Tyner first gained fame as the pianist in the original John Coltrane Quartet of the early 1960's. Since then he has built a solo career based on dynamic musicianship and musical integrity.

Tyner will be working with his basic sextet, as featured on his last album, "Focal Point" (Milestone M-9072). Tyner continues to explore the lengths of the piano's possibil-ities, unleashing flurries of chords followed by unimaginably quick runs up and down the keyboard. His solos live are breathtaking, and he should not be missed.

••••• The teim "latin jazz" gets thrown

around a lot these days. Many people

A GAMBLER'S GAMBOL

"SPITTING IN THE STRETCH"

I have been arguing in this column that the racetrack is something more than a place to wager: to some extent it is a subculture complete with values and manners of its own, a long and honorable history, and a sense of separation and exclusion from the larger society.

Nothing demonstrates the distinc-tiveness of the racetrack more than the peculiar language that one hears around the ponies. All of the num-bers, symbols, and abbreviations of

the Racing Form are no more arcane, nor more impenetrable to the intellect of the racing neophyte than the argot of the track. Whenever I persuade a first-timer to attend the races, much of my time is spent explaining what it is that the regulars are saying to one another.

Just as one can safely infer a great deal about the environment and world view of Eskimos from the fact that their language has at least twenty words for " snow," so too can one determine the existential condi-tion of the inveterate horseplayer from the variety of terms used for defeat. One may be "reamed." "crushed," "hammered," " nosed out," "tapped out," "nipped at the wire," " killed," "massacred," or "destroyed. "

that he can no longer identify it as community or separate property?

c) Should he reveal to Mrs. Mundane that he has been having an affair with Mr . Mundane?

II. The scene is a busy intersection where X, a pedestrian, has just had his guts knocked out by a '51 DeSoto. As he lies bleeding, making dying declarations up the wazoo, and calling the name of a certain Las Vegas showgirl, Mr. Honest Attorney passes by . .

X recognizes him as an attorney by the narrow lapels, and murmers, "My wife will need a lawyer to bring a wrongful death action. " Mr. Honest Attorney, upon hearing this, ap-proaches the unfortunate man with the sole purpose of explaining to him that the wrongful death action did not exist at common law and also to determine whether X's estate can pay his fees.

a) Is this improper solicitation of business? Would it change your answer if you knew that Mr. Honest Attorney owned the DeSoto?

b ) Would it change your answer if you knew that Mr. Honest Attorney was a near relative of the Las Vegas showgirl?

c) Would it change your answer if you had reading material that was more interesting than this column?

are attempting to play it, yet few are doing it well. Much of the music pro· duced sounds like disco with timbales. Whatever label you wish to-call it, the music of Pete and Sheila Escovedo is hot.

In last week's performance at the Old Waldorf, they led a 20-piece band, it seemed a few friends showed up to play, through a blazing set of latin music which had the audience dancing. Father Pete plays the tim-bales and daughter Sheila the conga.

For those who have attended the track and felt that they were unwel-come foreigners in a closed society, and for those who at some time in the future may join us, I will offer a few other crucial phrases that will permit anyone to pass as a respectable horseplayer.

One caveat is called for; not every-one uses the words and phrases below. As in every culture, differ-ences exist in the vocabulary em-ployed by different ethnic groups and classes. But all of these expressions will be familiar to nearly everyone in the sellers' lines. "PIG": (or "dog," "mule," "tur-key," or any other animal name except horse): a horse of no quality, without speed, and entirely without a chance of winning. (e.g. "There is no way that dog could have beaten my horse.")

HASTINGS LAW NEWS

III. The scene is now the office of Professor Moriarty, a stern but crabby and officious instructor of Bureaucratic Hassles at a well -respected law school.

During this morning's office hours, Prof. M. has received a visitor: Joe Typical Law Student, a conniving but unscrupulous and obnoxious young man, who has offered Prof. M. a sum of money if he will think kindly on a particular exam number.

Should the Professor: a) Object to the amount of money,

which is unconscionably low? b) Take the money but flunk Joe

anyway, since the latter will have no remedy at law or equity?

c) Take Joe out for a drink and proposition him which is what both would really prefer?

The answers to these problems are not easy ones. Alas, this reporter, who suffers from a chronic moral disability and is forced to take 100 milligrams of valium every morning just to get her eyes to focus, must leave these and other questions to the privacy of the reader's conscience. We feel somehow confident that they will be safe there.

As Ever, Donna Elaine

P.S. The last name's Levin.

Both have their roots deep in the original Azteca band.

Together with producer Billy Cobham, they have now released their first album, "Solo Two" (Fan-tasy F-9524). Though not as energetic as their live performances, it is a highly enjoyable first effort. Their. band will be appearing in an upcom-ing Latin festival at the Greek Theatre in Berkeley later this month.

-Jules Kragen

"SPIT": To have a lead, and then stop. E.g. "I can't believe that my horse spit, and allowed that pig to pass him." "CHART": A careful perusal of the Racing Form. E.g. "If only I had charted, rather than believe the tip, I wouldn't have been crushed as badly as I was." (There is a very small group of fans who use the Yiddish term Daven - the ritual rocking back and forth in prayer. E.g. "Let's see if we can daven out a winner." "HUNG": To have loomed up from behind, and then have failed to pass the lead horse. E.g. "I thought that pig would spit, but instead my horse hung." "WCK": A sure thing, a guaranteed winner. E.g. "That colt was a lock, but some pig held on to win by a neck."

Continued on page 19

,

"

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APRIL 11,1977 PAGE 5

MESSAGE FROM THE PRESIDENT SUMMARY: CODE OF ETHICS This issue of the Law News

includes: 1. A copy of the new Code of Ethics

adopted by A.S.H. Council on April 1, 1977.

2. A brief history of this Code. 3. A short summary of what con-

stitutes an ethical violation under the Code, the procedures for dealing with alleged violations, and what sanc-tions may be imposed.

4. A chart explaining the pro-cedures for dealing with alleged vio-lations.

As ASH President I have been di-rectly involved with the cases of sev-

eral students who have been charged with honor system violations in the past year. I have witnessed the un-fairness to all concerned that results from using ad hoc methods for deal-ing with such charges. The new Code of Ethics is a thoughtful, well drafted document which will alleviate much of this unfairness. Within the code, ample provision is made for its amendment, should any provision prove unworkable. I strongly endorse the new Code and urge that you vote for its adoption. It will serve all of us well .

Article I sets forth a preamble explaining the philosophical under-pinnings of the Code.

Article n, Standards of Conduct, recognizes two general categories of violations: academic assignments and property offenses. The basis of the first principle is that academic assign-ments are to be completed only in the manner prescribed by the person making the assignment and not in a manner which gives one student an unfair advantage over another.

s/George Hannen The faculty has a duty to provide L---------------___________ -=-___ -l precise instructions prescribing the

HISTORY OF OF ETHICS

PROPOSED CODE conditions under which an academic assignment is to be completed.

February, 1975-ASH Council ap-proved proposal to:

• suspend Hastings Code of Ethics because the code is "presently un-workable. ' ,

• establish a Judicial Drafting Com-mittee whose task is to draft a new Code of Ethics.

• request that the Dean of Hastings attend to any honor code violations until a new code of ethics is adopted.

April, 1976-Draft of new Code completed and proposed to ASH Council. Proposal not approved by Council.

Summer/Fall, 1976-Draft revised.

January, 1977 - New draft published in Hastings Law News. Three hours of Public Hearings held on new draft.

April, 1977-Revised new draft-(incorporating comments from public hearings and comments submitted by National Lawyers Guild and Hastings Legal Counsel, Prof. George Prugh, individual students and faculty mem-

bers) proposed to ASH Council. ASH Council unanimously adopts Code.

April 13-14, 1977-Associated Stu-dents of Hastings vote on Code of Ethics. A majority vote of voting stu-dents required for adoption.

Council is Unanimous

Dear Editor:

The ASH Council Members urge that all students vote for the adoption of the Code of Ethics.

The Hastings community has ex-perienced numerous problems deal-ing with alleged violations of the honor system on an ad hoc basis. We feel you are entitled to the important substantive and procedural protec-tions contained in this Code.

Please join us in adopting the Hastings Code of Ethics by voting for adoption on April 13th and 14th, 1977.

Editor's Note: The above was voiced unanimously by the ASH Council.

The second principle requires that each student respect the property (e.g. reference material) belonging to the Hastings Community.

A Judicial Council of 12 members, four from each class, is to be named by a standing commitl ｾ ｦ＠ the ASH Council. The Judicial COunCil ｾ＠ • be representative of the ethnic and sexual composition of the student body. Each case is to be heard by a panel of five members which decides whether the accused has committed an offense under the Code.

The process for determining guilt or innocence begins (see chart 1) with an accusatory statement being filed either with the Dean of Student Affairs or the Chair of the Judicial Council. The Chair makes an initial determination of sufficient evidence using as the standard whether "a reasonable person might believe that the individual accused committed a violation of one . . . of the principles of this Code." The Chair may dismiss the complaint.

If the Chair finds that there is sufficient evidence, she/ he must so

inform the accused. These two may informally agree on an acknowledg-ment of culpable responsibility and a sanction, which, when reduced to writing, must be approved by the entire Council.

If the Chair and the accused fail to reach an agreement, the Chair names a Panel to hear the case. The Code provides for challenges, right to counsel, protection against self-incrimination, information about the statements of witnesses, and right to question and cross-examine witnesses.

Four-fifths of the Panel must be-lieve the guilt of the accused, using the " beyond a reasonable doubt" standard, to find the accused guilty and impose a sanction. Sanctions which may be imposed include Judi-cial Probation (a warning-type sanc-tion) , loss of credit for an assignment or class, suspension or expulsion. A letter of reprimand which may be placed in a student's permanent file may be imposed in addition to, or in lieu of, other sanctions. The sanction is recommended to the Dean of the College who imposes it after appeals, if any are exhausted.

The Panel must express its reasoned decision in a written state-ment which is delivered to the ac-cused, the Dean, and the Faculty-Student Committee on Disqualified Students, should an appeal be taken within 20 days. For purposes of an appeal this committee is composed of seven voting members; five faculty and two students.

The Code also provides for Adop-tion, amendment or Repeal, and Prom ulgation.

- Lawrence A. Wilson

PROCEDURE FOR ENFORCEMENT OF ETHICS CODE

ACCUSATORY --------------11 CHAIR, STATEMENT JUDICIAL

COUNCIL*

APPROVE AGREEMENT

nOEAN{

INSUFFICIENT ,VIDENCE

STATEMENT DISMISSED

"Determination by chair re sufficiency of evidence made Within 8 days of notice being made to accused

""Hearing Within 4 to 8 days from time of determination of sufficient eVidence ConclUSion by panel Within 5 days from date of hearing

""" Appeal Within 20 days from time opinion of panel delivered to accused Ruling by Committee within 10 days from filing of Appeal.

SUFFICIENT EVIDENCE

AGREEMENT - OR -[Admission of culpability and

sanction)

INNOCENT NO SANCTION

CASE / DISMISSED

GUILTY; SANCTION IMPOSED

ｾ＠ ａｾｐｅａｌ＠ •• *

FACUL TV /STUDENT COMMITTEE ON DISQUALIFIED

CASE REVERSED

AND DISMISSED

STUDENTS

CASE AFFIRMED

IIDE1NI\

PAGE 6

CODE OF ETHICS IN TOTO

Art I Preamble

We, the students of Hastings College of the Law, in recognition of our obligation as future members of a profession that is responsible for the administration of jus-tice in our society, affirm our belief in the following precepts:

1) It is essential to the welfare of the legal profession and the people whom it serves that the integrity of all its mem-bers is at all times beyond reproach;

2) There is, beyond purely professional considerations, an overriding moral obli-gation to conduct the learning process in an ethical fashion;

3) A Code of Ethics, to be effective, must depend primarily on recognition of individual responsibility by those func-tioning under it;

In reliance on these principles and with the intent to foster honorable conduct in view of them, we institute and adopt this Code of Ethics.

Art. II Standards of Conduct

Any charge asserting a willing act by a student, who knows or has reason to know, that the act, if proven, would con-stitute a violation of either of the two fol-lowing principles may be heard by the Judicial Council.

Sec. 1 Academic Assignments

It is the duty of the faculty member mak-ing an assignment to ensure that each examination or assignment is accompan-ied by a written statement of the rules controlling completion of that assign-ment. For example, these rules should include where applicable: which, if any, source materials may be consulted, re-quirements of source citation so that pla-garism may be avoided, parameters of student discussion of material covered on the assignment, if any, and whether materials may be removed from the test-ing room either during or after the assignment.

Every student accepts the principle that each examination or assignment shall be the product of his or her sole knowledge, without reference to any materials unauthorized by the instructor and without co=unication of any form with another student or their work unless specifically authorized by the instructor.

A. The following, but not exclusively the following, shall be violations of the above principle, subjecting the violator to sanctions.

B. It shall be a violation ofthe Code for any student to:

1) avail himlherseH of more than the time allotted for each examination;

2) use, in the context of an examin-ation any exam books, papers or other materials of any sort, unless specifically authorized by the instructor concerned, in order to aid himlherseH or any other stu-dent in any way during the course of any examination; and to use in the context of a class assignment any books, papers or other materials of any sort specifically prohibited by the instructor concerned, in order to aid himlherseH or any other stu-dent in any way during the course of any assignment.

3) refer to unauthorized books, pa-pers or other materials of any sort outside the examination room during the course of any examination;

4) communicate during the examin-ation in any manner with any person con-cerning any part of that examination until all parties to the communication have turned in their examinations;

5) consciously display one's own ex-amination paper with the intent of aiding oneseH or another student, or to look at the examination paper of any other student, or to give or receive other aid of any kind whatsoever during the course of any examination;

6) use prior to any examination, any information concerning the content of the examination, obtained in violation of this code;

7) remove any examination material from the class or examination room dur-ing the course of the examination except as prescribed by the faculty member or staff member concerned.

Sec. 2 Property

Every student accepts the principle that property belonging to the College is available to every member of the Hast-ings community and that it is a collective responsibility to ensure that every stu-dent, member of the faculty, administra-tion and staff, and organizations and groups thereof, have access to such ma-terials; individual personal property rights shall be respected.

A) The following, but not exclusively the following shall be violations of the above principle subjecting the violator to sanction.

b) It shall be a violation of this Code for any Student to:

1) take, with the intent to use tem-porarily or to convert permanently, pa-pers, notes, books or other academic or personal property of another, unless the owner has given consent;

2) to intentionally tear, mutilate, or destroy library materials;

3) to hide to secrete library materials;

4) to intentionally remove library materials from the library without com-pliance with established procedure;

5) to deface school or personal property.

Art. III Sanctions

Sec. 1

The following sanctions may be recom-mended for violators of Art. n:

A. Judicial Probation: The status of being on judicial probation is the lowest penalty which may be imposed upon a student found to have violated a principle of this Code; it is a sanction complete in itself which remains in effect from the time of a conviction until the student graduates or otherwise permanently leaves the school. The fact of an accused being on judicial probation does not affect the student's normal career at the school except tha. the fact may be introduced before the Panel should a second offense be charged. The fact of being on judicial probation goes only to the imposition of a sanction, not the determination of guilt; no retroactive removal of credit or other penalty shall be imposed for a prior offense.

b. Elimination of Credit: For any viola-tion under Art. n, Sec. I, the Judicial Council may recommend the sanction of elimination of credit for the assignment or examination involved. This shall be the minimum sanction for a second offender under Sec. l.

C. Suspension: Suspension-for no less than one semester or more than one year may be recommended for a violation of Sec. 1. This sanction may also be recom-mended for an extraordinary violation under Art. n, Sec. 2, or where there is a failure to comply with an order of the Council for restitution.

D. Expulsion: Expulsion may be re-commended for any violation under Art. n, Sec. 1, except that it shall not be im-posed against a first offender under that section.

E. Restitution: For a violation under Art. n, Sec. 2, the Judicial Council shall have the power to recommend any sanction which it deems just under the circumstances, including restitution.

F. Letter of Reprimand: When a stu-dent is found guilty of a violation of a principle of this Code, in addition to or in lieu of any other penalty imposed, a letter of reprimand may be sent to the student and a copy ordered to be placed in his or her personal file.

Sec. 2

Where a violation under Art. n, Sec. 2 deters another student from completion of an assignment or an examination, and it is shown that the student knew or should have known that the act would so deter another student, the violation shall also be considered a violation of Art. n, Sec. 1, and sanctions shall be recom-mended accordingly.

Art. IV Enforcement Procedures

Sec. 1 Complaint

A. Any student, proctor, faculty mem-ber or other person observing an alleged

HASTINGS LAW NEW8

INTERIM EXAMINATION RULES

1. Each student will write or type the examination in the room to which he or she has been assigned, and in no other place.

2. Each student will sign in and out of the examination room as directed by the examination proctors.

3. Smoking is prohibited in all examination rooms, including typing rooms.

4. Except in the case of "open book," "open-code" or "open notes" examinations (for which the professor concerned will issue special instructionsl, no resort may be had during the course of an examination to any unauthorized source materials, wherever the same may be located. No unauthorized books, notes, papers, briefcases or like materials may be brought into an examination room.

5. No student may begin writing or typing an examination until the proc-tor has issued an instruction to begin. Every examinee will stop writing or typing immediately upon announcement by the proctor that the examin-ation has ended.

6. All questions and requests for clarification during an examination shall be directed to the proctor. No student shall converse with another for any purpose in an examination room after an examination has begun.

7. After an examination has begun, a student may leave the examination room for the purpose of going to a rest room or relaxing in a nearby corri-dor. Under no circumstances maya student leave the building during the course of an examination until his or her examination materials have been turned in to the proctor.

8. Violators of examination rules and regulations will be subject to disci-plinary action which may result in suspension or dismissal from the College.

9. Requesting, giving or receiving unauthorized assistance in any form during the course of an examination may lead to suspension or dismissal from the College.

breach of the principles and provisions of C. Upon approval by a simple majority this Code, shall, as soon as possible, sub- of a quorum of the Judicial Council (for mit a signed, written statement to the purpose of this Code the quorum is set at Chair of the Judicial Council or the Dean % of all the members of the Council) the of Student Affairs, who shall forward the agreement shall be recommended to the statement to the Chair of the Judicial Dean as the disposition of the case. Council. D. No agreement which does not con-

b. The accusatory statement shall set tain an admission of culpable responsi-forth plainly the basis and circumstances bility and a ｳｾ｣ｴｩｯｮ＠ shall be considered of the allegations, any supporting evi- . by the Council. dence, and the names of any witnesses thought to be able to verify the statement. Sec. 4 The Hearing Panel

Sec. 2 Determination of Sufficient Evidence

A. The Chair shall determine if there is evidence such that a reasonable person might believe that the individual accused committed a violation of one or more of the principles of this Code of Ethics.

b. In making such determination, the Chair shall take statements, reduced to writing, from the accused and the ac-cuser; the Chair may take statements from other interested persons. Failure of the accused to submit a statement shall not prevent the Chair from making a de-termination of sufficient evidence.

C. In no case shall a finding of suffi-cient evidence be made before notice of the accusation shall have been served on the accused. If no other method of notice is effective, notice must be effected by certified mail to the last known address, as recorded in the office of the registrar of the college.

D. This determination shall be made within eight days of notice being made to the accused, if within the regular school term, or within two weeks of notice to the accused if the accusatory statement is filed within three days of the end of the school term.

E. The Chair may then dismiss the ac-cusatory statement for lack of sufficient evidence or if the accusatory statement has been presented an unreasonably long time after the alleged violation is discovered.

F. Upon a finding of lack of sufficient evidence, the accusatory statement shall be dismissed, the statement shall be de-stroyed, and the individual making the accusation shall be so informed.

G. No appeal may be taken from such a dismissal.

Sec. 3 Upon Determination of Sufficient Evidence

A. The Chair shall notify the accused and informally discuss the nature of the proceedings to occur should a panel be named, the sanction available, and the possibility of an admission of culpable responsibility.

B. If an acknowledgement of culpable responsiblity be made, and should the accused and the Chair agree upon a sanction, such acknowledgement and sanction shall be reduced to a written agreement and presented to the Judicial Council for approval by the ｃｯｾ｣ｩｬＮ＠

A. Should the procedure of Sec. 3 not produce a determination, the Chair shall name five members of the Judicial Coun-cil, one of whom may be the Chair, to serve as the Panel in the case. The Chair shall also name, in rank order, three al-ternates to serve in case of challenge. The Chair shall name the presiding member of the Panel.

B. The Chair shall name one member of the Council as counsel to assist the ac-cused in preparing the defense, if the ac-cused so desires, and one member as counsel to prosecute the case.

C. The Chair shall send to all the parties (the panel of five, counsel for both sides, the accused and the accuser) a copy of the accusatory statement, and shall set a time, day and place for a hear-ing of the accusation.

D. This hearing is to be no less than four and no more than eight days from the time of determination of sufficient evidence, unless such determination shall have been made at a time when school is not in regular session, in which case the period may be extended to insure the presence of any concerned. Where hard-ship can be shown by the accused, the accused shall be granted a speedy hear-ing, notwithstanding the ability of the prosecution to call witnesses.

E. In addition to being sent a copy of the accusation, the accused shall ｾ＠ in-formed:

1) that hel she may be assisted by counsel (either a member of the Bar or a friend) in addition to (or in the place of) the counsel appointed by the Chair;

2) of hislher right to remain silent; 3) of all procedures of the Council,

by providing a copy of this Code of Ethics and Procedures;

4) of the names of the accuser(s) and all witnesses expected to be called, and be given a copy of any written Statement relevant to the proceedings.

F. The information in Article IV, Sec. 4C and E shall be available to the accused not less than four days prior to the date set for the hearing.

Sec 5 The Hearing

A. At no time following a determina-tion of sufficient evidence shall any member of the Panel hearing the case discuss the case in any fashion with any member of the faculty, administration or student body outaide of a duly noticed

continued on pqe 11

•

•

•

•

•

•

The University of Cllhlomio III

HASTINGS LAW NEWS

VOL, ｌｘｉｘｾ＠ No, 453 SAN FRANCISCO APR I L 1L 1957

LETTER TO THE EDITOR Dear Sir,

I am Hamilton Whipmebottom. I am Editor of the Hastings Law Journal and the smartest person in the school. I feel it is my duty to enlighten the school with my re-spected and wise opinion concerning the proposals to create the Hastings Constitutional Quarterly and to allow students to write their way onto the established Law Journal and this upstart Quarterly.

First of ail, I feel that the creation of a Constitutional Law publication would be a serious mistake. It will hurt Hastings' legal standing to have two scholarly publications. Since all the brilliant students will be writing for the Journal, this Quarterly will logically be staffed by intellectual inferiors. Do we want anyone on the outside to read a note written by a cretin from the bottom 90 % of the school? Certainly not! I strongly feel that the paralyzed proletariat should be kept busy with Moot Court. Give them a chance to put on a tie and argue their trivial cases and they will be too occupied to jeopardize the Hastings reputation for the upper crust by writing from for an ill-conceived publication.

Furthermore, Constitutional Law is a very narrow field. I question whether there are enough topics to write about in order to fill four issues per year, or does Quarterly mean once every four years? And what follows after Constitutional Law? Will the stolid masses attempt to invade other stagnant areas of the Law, such as International or Communications Law, so they can have a resume brownie point to cover up their low 80's grades?

Speaking of grades, the second proposal to offer some positions not on the basis of grades but on written sample is also a dangerous move. The present system is a very effective way to screen out the riff raff. This is because grades are based upon in-telligence and writing ability, where-as writing is based upon writing ability. Which standard will better determine who the smart people are? I rest my case.

I honestly feel that these proposals, which attempt to bring mentally disadvantaged students into the Hastings Law review process, are misguided. The Law Journal will continue to carry the smart man's burden by turning out a polished proiessional publication. While our (:forts will land us jobs at Pillsbury, Madison and Sutro, many students -due to the integrity of the Hastings Law Journal-will ride on our coat-tails into jobs at the Milpitas Public Defenders Office. Call it natural selection, social Darwinism or the law school law of the jungle, the upper 10% of the school should be allowed to rise unrestrained to the top. This process has worked in the past and I feel the entire school will continue to share in the benefits of the current academic caste.

Compassionately yours,

Hamilton Whipmebottom

P.S. To the graffitti artists that hang out in the One M Men's Room: my mother has not left the Philadelphia Main Line area and thus could not possibly make house calls in the Tenderloin.

LEGAL FRATERNITIES Dean Snodgrass has appointed a

Faculty-Student Committee to con-sider whether Hastings' two legal fraternities should be thrown off campus. The Blue Ribbon group was formed as a result of the increasing inter fraternity fights and pranks at Hastings.

Snodgrass wants the Committee to specifically look into several recent incidents in the course of their review. Although the Dean would not indicate which incidents are to be considered, this author feels that the shocking, yet spectacular, Phi Delta Phi-Phi Alpha Delta punchout in the basement men's room is sure to be on the list. In that fight, Fiddly Fee wasted two of PAD's best brawlers as they were relieving themselves. Another childish, yet extremely hu-

morous incident which is sure to bE-considered is PAD's spiking of the coffee with 180 proof grain alcohol. As everyone knows, grain alcohol, when mixed with coffee, is undetect-able. Those persons who drank three or more cups of coffee last March 15th, however, will verify that some-thing unusual was in their coffee. At least forty students became very in-ebriated as a result of this senseless, but well planned and flawlessly exe-cuted, prank.

Several unfortunate, yet conver-sationally interesting, things hap-pened to those drunk students. Brian M. sprained an ankle as he jumped from 3M to 3 for the fifth time. Mark B. confused the Commons vending machines for fastballs and destroyed six of them with his baseball bat before being restrained. Derek J.,

who hijacked a Golden Gate Transit bus to Mexico, is now in jail in Ensenada.

Other incidents which will un-doubtedly make the Dean's top ten are the school food fight, the toilet papering of the halls and the place-ment of lirnburger cheese in the heating system last fall which forced the school to close for two weeks.

Dean Snodgrass vows to make Hastings a professional, yet dull and uninteresting, law school.

CEPO CAN

Depo Dan

What will be the new areas of the law in the next 20 years?

Tom Stewart: I predict law will atro-phy in the next twenty years. I am quitting law school and am going into aerospace engineering.

Tom Cairnes: I predict the demand will by far exceed the 3upply of lawyers. By 1977 a lawyer will be able to pick where he wants to work.

PROFESSOR TRADING CARDS CUT 'EM OUT ..•

COllECT 'EM, SWAP 'EM, USE 'EM IN COURSE SE1ECTIONl ｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭｔＭＭＭＭＭＭＭＭＭＭＭＭＭＭI I I I I I I I I I I I I I I I

ｔ ＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾ＠

I P f Whela Professor Forrester Professor lind TAX ro essor n REMEDIES CONSTITUTIONAL LAW I • __ ｾ＠ _____________ _

ＮＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾＭＭＭＭＭＭＭＭＭＭＭ

ANNOUNCING A REVOLUTIONARY

NEW CONCEPT IN LEGAL

PREPARATION AND STUDY.

Contrary to what your Professors say, Gilbert's Outlines Are:

1) An ealent supplement to the casebook method.

2) Not a form of cheating.

3) Not going to cause post adolescent males to go blind

GET AHEAD IN THE GAME WITH A METHOD

OF STUDYING WHOSE TIME HAS FINALLY ARRIVED.

HASTINGS

LAW NEWS

DISCLAIMER .

By running the Gilbert's Outlines advertisement, the Hastings Law News does not expressly or impliedly support, advocate, or condone the use of study aids. It is out editorial policy to accept all forms of adver-tising which are not misleading or immoral. It is our financial condition which forces us to accept any and all forms of advertising, period.

The Hastings Bookstore does not carry Gilbert's Outlines. Bookstore Manager Hadley V. Baxendale, after weighing the factors, including in-creasing profits by 250% and a faculty committee threat of loss of job, property, and credit and a nation-wide blacklisting from every white collar job available, decided that the Bookstore did not have the shelf space for Gilbert's. Lake's Law Books, described by one Hastings academician as "an unethical, money grubbing smut shot," does carry Gilbert's Outlines. However, they report a six week waiting list exists for most subjects.

r------------l I HARRY I

I ｈａｒｒｉｎｇｔｏｎｾｓ＠ : ｌＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭａｎＭｎＭｏＭｾＭｃＭｅＭｍＭｅｾＭＭｓＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾ＠ PUB :

ELECTIONS DELAYED

The election of officers for the Clara Foltz Society has been delayed until some women are admitted to Hastings.

SINCERE APOWGIES

The Star Chamber wishes to apologize to those students inconven-ienced by the outbreak of botullism last week. We are happy to report that only 3 students have died so far. We also want to remind you that this week's special is rare pork.

YEARBOOK PICfURES

Pictures for the 1957 Hastings Yearbook will be taken in the Sutro Room next week. Stop in between 10 to 12 and 2 to 5 for your personal individual sitting. Coat and tie is recommended. All first year students are required to wear their beanies.

ｐｌａｃｅｍｅｾ＠ CENTER

The Placement Center has been sold to Golden Gate Law School.

I SERVED YOUR GRANDFATHER·FATHER

HOW ABOUT YOU?

460 LARKIN at corner of TURK

r--------------r--------------r--------------r I FORRESTER 80m: 1912 WHELAN 8orn: 1915 I LIND 80m: 1928

Writes: Legibly Writes: Clearly Writes: Messy

School League A's 8'5 Average

Arkansas Southern 2 15 76.5 Cornell Ivy 3 21 77.9 Yale Ivy 1 10 75.1 Hastings Big 4 16 77.6

Forrester, a consensus superstar in Constitutional law, has been selected to 42 post season panels. He is currently playing out his option year, and there is growing student pressure on General Manager Anderson to pay him any amount he wants.

School League A's 8'5 Average

George-

George-town Capital 4 19 78.0

Colorado Mountain 2 18 76.2 Hastings Big 5 17 77.8

WI1elan, a former ABA rookie of the year, was obtained in a shrewd trade by GM Anderson. Whelan has bolstered the bullpen and is excellent in equitable relief.

Whelan coined the phrase "I spell relief .. . E-Q-U-I-T-Y ."

School League A's 8'5 Average

USF Pope Warn her 2 19 76.2

Florida Citrus 3 18 77.4 Hastings Big 8 29 84.2 Florida Citrus 5 17 78.1

Lind had control problems in his 1st stint with the big club. He was sent to the minors to work on bringing his average down.

Lind enjoys mowing the lawn and feeding his goldfish.

ｾＭＭＭＭＭ _________ L ______________ ｾＭＭＭＭＭＭＭＭＭＭＭＭ

HASTINGS RUGGERS II •• SCORE FIRST TRY

The Hastings Rugby Club scored their first try in the team's three year history in a bitter, hard-fought con-test against the U.C. Med Center Out Patient Clinic Rugby Club.

Harry Azzle scored Hastings' first try ever against the U.C. Med Center Out Patient Clinic Rugby Club.

The big play was set up by a fantastic steal by Hastings Rugby Club President Mike Ding. Ding was able to grab the ball away from a less than surehanded UC rugger playing with two broken arms. Ding managed to get by two defensive men who were on crutches. However, Ding encoun-tered serious interference as he ap-proached the UC fullback who was in a wheelchair with a broken back. Ding, who needs to work on his moves, was unable to get around the wheelchair. Fortunately, Harry Azzle was in the area looking for a contact lens. Ding passes to the half blind Azzle who miraculously found the end zone. As he touched the ball down, Azzle not only broke the 3 year, 35 game scoreless drought, he also broke his contact lens with the ball. The try made the score UC 32-Hastings 4.

POPCORN REVIEW Movie goers will be repulsed to

find out that another Gidget movie has been plotched onto the market. Gidget Goes to the Supreme Court follows such sophmoric, simple-minded classics of the "cinemagar-bage" school as Gidget Goes to Rome, Gidget Gets a Hickey, and Gidget Wanders Into the Tenderloin.

This film deals with Gidget's ad-ventures as a clerk for Supreme Court Justice William O. Douglas. How such an outrageous airhead made it through law school is never dis-cussed. One assumes Gidget went to McGeorge since she says she went to a law school that flunked out 80% of its students so ｾｨ｡ｴ＠ the top 20 % could take the Bar.

Gidget's opinions written for Douglas do correspond with the dis-tinguished jurist's libertarian senti-ments. However, it is doubtful any of her decisions could be practically applied. For example, in the fictional case of Simon v. Arizona, Gidget's majority opinion, written for Douglas, holds that the Constitution requires that procedural safeguards must be applied to protect persons against self incrimination during custodial interrogations. Of course, such lan-guage sounds nice. But can one imagine police officers saying before every interrogation, "Simon sez: You have the right to remain silent." Would officers bark out the order, •• Simonize that punk! " Not likely.

Furthermore, Gidget's legal rea-soning is, politely speaking, spurious. Consider her treatment of the Coach v. Board of Education case. The head coach of an all white Midwestern high school found his football, basketball, and baseball teams were unable to compete with the all black central city high schools. The coach brough suit in order to force the school system to integrate so that he could improve his athletic program. Gidget bases her opinion upon an insignificant point raised in oral arguments - the fact that white linemen were unable to keep black defensive linemen from socking and injuring their quarter-backs. Invoking the Equal Protection clause, Gidget holds that all quarter-backs are entitled to equal protection, that white linemen do not afford white quarterbacks a reasonable standard of protection, and that in

order to insure equal protection, school systems must be integrated. Will Southern schools drop football in order to comply with the ruling?

For all her legal failings in this flick, Gidget manages to remain the biggest PT to come out of Hollywood. But why pay $1.50 to see one on the screen when you can go to Cal and see a bevy of them for free. Folks, this film is totally worthless and only provides ammunition for those who feel that the film industry should be inve'stigated again.

Let's Do it is an odd, brilliant, metaphysical, esoteric, intense, poignant and cabalistic film. The reason I use these words to describe this movie is because at UCLA J oumalism School you are taught to throw a bunch of adjectives around when you don't know what the hell the film means.

Let's Do it is a puzzling piece. It centers on the imposition of the death penalty on Ii young murderer named Gary Lungmas.

The movie begins innocently enough with the murder of a motel clerk and a gas station attendant. Standard fare. Let's Do It appears to be about your average rebel without a cause simply shooting people and enjoying himself. However, once Lungmas is sentenced to death the movie takes an unexpected twist. Lungmas wants to be executed, con-cerned citizens want the execution stayed. Lungmas tries suicide, the state prevents him from having it his way. The film contradicts every modem 20th century standard ima-ginable. A major news magazine glorifies the demented derelict on its cover and book publishers rush to print Lungmas' sordid life story. Indeed, the film's sarcastic com-mentary on the press is identifiable, but it is a minor message compared to the one that must exist concerning the state's refusal to kill a man who wishes to die. Is Let's Do It an attempt to go one step beyond Camus' The Stanger? Is it a vision of a futuristic, overly compassionate society? I honestly don't know. See the film yourself and choose your own adjectives.

Hastings mounted one more of-fensive drive when Chris Lyder and Chris Anonyma advanced the ball to Hastings' own 35 yard line. However, a well-executed hospital pass, Hastings' best play, to Steve Rayes stopped the drive and put Rayes in the hospital. The remainder of the game Hastings was continually on the defensive as the UC team hobbled past them at will. When they reached Will, they hobbled past him too. Final score, 48-4.

Next week's game will pit Hastings in a grueling match against the Blue-birds - an all-star team made up of Girl Scouts from the East Bay.

SUPER WOMEN

The two finalists for the 1957 Miss Hastings Beauty Contest are shown above dreaming of the fame and glory that will be coming their way if they win the coveted prize.

PAGE 10 HASTINGS LAW NEWS

MEDICOLEGAL continuedfrompagel

in 1960 to $2 billion dollars in 1976 and a third or less of this money ever reaches an injured patient, money which can be better spent to increase the quantity and quality of medical care.

As was often repeated by those at-tending the symposium, the greatest problem seems to lie in society's be-lief that every injury should be com-

1st & 2nd YEAR

STUDENTS

REGISTRATION FOR FALL

SEMESTER CLASSES

WILL BE BY MAIL

MAKE SURE A

SUMMER MAILING ADDRESS

IS ON FILE

FORMS IN

REGISTRAR'S OFFICE

pensable. In Dr. Budd's words, .. Should an adverse result occur . . . or should the result fail to live up to patient expectations . . . the physi-cian very likely will be sued."

S. Shepherd Tate, ABA President-elect nominee, presented a paper prepared by William B. Spann, Jr., President-elect of the ABA suggest-ing the malpractice crisis is having its toll on lawyers as well, with some states increasing premiums as much as 400%. Mr. Tate, contrary to Dr. Budd's attack on the tort system, placed primary blame for the crisis upon the increased impersonalization of both professions.

Which of these is the true reason is, of course, unnecessary to deter-mine for neither necessarily excludes the other and there is, in fact, general agreement that the causes are many. Well aware of this fact, a joint effort made through the ABA Commission on Medical Professional Liability, composed of representatives of the medical and legal professions, as well as the insurance industry, presented a possible solution: Designated Com-pensable Event or DCE.

Under this system, the Commis-sion would define as many DCE's as are feasible and then design a com-plimentary compensation system, which would provide that an injured party receive at least the net econom-ic loss occasioned by the incident with a minimum of administrative costs. In addition, the Commission recom-mends that a doctor acting as an ex-pert witness and presenting himself as a specialist be held to a national standard of care rather than the present local standard.

Equipped as such, this proposal has the potential of substantially

COMPETITION continued from page 3

finals will be Frederick S. Lane, Boston, chairman-elect of the ABA Section of Real Property, Probate & Trust Law; H. William Allen, Little Rock, and David R. Brink, Minnea-polis, both members of the ABA Board of Governors; and William Pincus, New York City, member of the council of the ABA Section of Legal Education and Admission to the Bar.

Also serving as judges will be six members of the association's House of Delegates: James D. Fellers, Okla-homa City; Albert E. Jenner, Jr. and Barnabas F. Sears, Chicago; S. David Peshkin, Des Moines; Harold L. Rock, Omaha, and Ben J. Weaver, Indianapolis.

limiting the liability problem. It is not however, void of constitutional rami-fications. Another speaker, James J. Stewart pointed out that though most courts have held medical review panels to be valid, the constitutional-ity of limiting recoverable damages appears to be dependent upon the reasonableness of the relationship between the means adopted and the solution.

This proposed modification goes to the heart of the problem in that it regulates the source of litigation. It is equally important however, to design affordable protection for the profes-sional who is taken to court. Steps have been taken to accomplish this task through private, corporate and governmental means.

Attempts at doctor-owned, non-profit organizations devoted to de-fending cases have been successfully tried in New York. As an alternative, companies with a high degree of se-lectivity offer low premium insurance to those who can meet the criteria. The pros and cons of private insur-ance will inevitably, as told by Thomas M. Tierney (Director of the Bureau of Health Insurance before the recent reorganization of the Health Department) be displaced by a National Health Insurance.

Legislation being considered ranges from complete displacement of private health industries, to mixed private and public programs, to pri-vate control with government subsidi-zation. Surely none of these will pass unchanged but as Mr. Tierney warns, "once the decision is made, it will be socially, politically and pragmatically irreversible. "

Though the concerns of liability are of great importance, the problem has

ETHICS continued from page 11

Art. IX Promulgation

Sec. 1

This Code of Ethics shall be printed and distributed to the Hastings community and copies placed on reserve in the library.

Sec. 2

The Chair of the Judicial Council shall see that the principles and procedures of this Code, and the responsibilities and func-tion of the Judicial Council are explained to the members of each first year class and to the entire student body in the Fall semester, preferably during orientation.

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been approached and it appears, at least for the present, the "crisis" is at an end.

A recent subject of growing im-portance and concern to the ABA and AMA professional communities and one of which much will be heard in the future is consumerism. In 1975, the United States Supreme Court in Goldfarb v. Virginia State Bar held Federal antitrust laws applicable to the legal profession.

Since Goldfarb there has been a tidal wave sweeping the country. The Federal Trade Commission, U.S. De-partment of Justice, legislators and administrators are all girding for bat-tle. Chesterfield Smith, past ABA president finds little reason for con-cern however. As he sees it, doctors and lawyers have long been the strongest supporters of free competi-tion - for others.

Mr. Smith believes limited adver-tising in limited areas is beneficial for society but should be approached with professional responsibility and rely primarily upon "voluntary ac-tion" in the AMA and ABA. Such a change would however, be drastic, requiring a new look at all the rules of professional standards and the ex-traction of those which exist only for the economic or prestigious benefit of the professions.

Such a change would be a signifi-cant step in itself toward re-establishing doctor-patient and at-torney-client relationships which are based upon cooperation and trust and an additional element, common un-derstanding. Most significantly, this proposal requires regulation, which necessarily would incorporate the views of the layman on regulatory boards.

Gourmet Dining at reasonable prices' 2 blocks from Hastings.

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APRIL 11.1977

CODE OF ETHICS and convened hearing. dential file in the ottIce ot the Uean for

B. The accused may request that the five years, after which time the opinion hearing be open. shall be destroyed.

C. The right of the accused to have an B. This opinion, containing a state-open hearing may be limited by the Chair ment of facts, the reasoned decision. of as space permits, and the Chair may limit the Panel and the recommended sanction the number of spectators for the purpose if any, shall be delivered to the accused, of insuring an orderly consideration of the the Dean of the College, and shall be complaint. available only to the ｊｵ､ｩｾｩ｡ｬ＠ Council, the

D. The prosecution shall have one, and Dean of the College and, rn case of an ap-the accused shall have two preemptory peal, the Faculty-Student Committee on challenges to the Panel to be made at this Disqualified Students. time. The challenges shall be exercised alternately, beginning with the accused. C. A copy of this opinion, or ｳｵｭｭｾ＠

E. The case shall be presented in the thereof, without names, shall be placed rn following manner: a non-confidential file in the office of the

1) A statement, summarizing the Dean of Student Affairs. prosecution's case shall be prepared and Art V A al presented by the prosecution counsel. S . 1· ppe s

2) The accused shall have the oppor- ec. ... tunity to refute this statement by a state-An appeal taken from a frnding of.guilt or ment summarizing the defense case and any sanction imposed under this Code then may move for dismissal. may be taken to the Faculty-Student

3) The panel may, by simple major- Committee on Disqualified Students. For ity vote, sustain the motion to dismiss. If purposes of hearing an appeal, the com-a majority votes to overrule the motion, position of this Committee shall include the presentation shall continue. two voting student members.

4) The prosecution shall present wit-nesses in support of the complaint; each Sec. 2

may be cross-examined by the accused or The request for an appeal to the Disqual-counsel. . ified Students Committee shall be given

5) The accused may ｴｾ･ｮ＠ call WIt- by mail to the Chairperson of that Com-nesse.s ｷｾｯ＠ shall also be subject to cross- mittee and the Dean within 20 days of the

･ｘｾｴｾｾｾｮｐ｡ｮ･ｬ＠ may call and question delivery of the opinion of the Panel to the any witness, who shall be subject to accused. questions from both parties, and .may Se 3 question witnesses presented by either c. party. . . The member of the Judicial Council ｾｰＭ

F. Formal rules of eVidence or of cnm- pointed to assist the accused shall aSSist, inal procedure are not applicable to the if requested, in making this appeal. procedure established under this Code. Counsel for the accused shall ｨｾｶ･＠ the

right to appear before the COmmittee to Sec. 6 Determination of Innocence of make the appeal. Guilt

A. Following the presentation of evi- Sec. 4 dence the Panel shall retire to reach a The member of the Judicial Council ､･｣ｩｳｩｾｮＮ＠ prosecuting the complaint, or the Chair of

B. The Panel shall discuss and vote the Council, may, at the request of the first on the question of guilt or irmocence; Committee, be present to elaborate ｵｾｯｮ＠a finding of guilt must be made by at least the written opinion of the panel hearmg four-fifths of the Panel. the complaint.

C. To find the accused guilty, each member of the Panel must believe that Sec. 5 the evidence presented by the prosecu-The Committee on Disqualified Students tion ･ｳｴ｡｢ｬｩｳｨ･ｾ＠ guilt Ｎ｢･ｹｯｮｾ＠ a re.asonable shall within ten days of the filing of the doubt, ｡ｾ＠ defined "rn California ｐ･ｮｾ＠ request for an appeal affirm or reverse ｃｾ･＠ section 1096: Ｌｒｾ｡ｳｯｮ｡｢ｬ･＠ doubt IS the finding of guilt or mitigate the d.efined as follows: It IS not ｾ＠ mere ーｾｳＭ sanction imposed. In no instance shall the Sible doubt; ｢ｾ｡ｵｳ･＠ everything ｾ･ｬ｡ｴｲｮｧ＠ sanction be increased. A recommended to human affarrs, and depending. on sanction becomes final upon ratification moral evidence, is open to some possible by the Dean which ratification shall not or ｩｭ｡ｾ｡ｲｹ＠ doubt. It is ｴｾ｡ｴ＠ state of. the occur before'all appeals are exhausted or case, which, after the entire companson the time for consideration of an appeal and ｣ｯｮｳｩ､･ｾ｡ｴｩｯｮ＠ o.f all ｴｾ･＠ ･ｖｩ､･ｮ｣ｾＬ＠ has passed. leaves the mmds of Jurors rn that condi-tion that they cannot say they feel an Art. VI Composition and Selection of abiding conviction, to a moral certainty, the Judicial Council of the truth of the charge.'''

D. A simple majority vote of the Panel Sec. 1

shall establish a recommended sanction, The Judicial Council shall be composed of except ｴｾ｡ｴ＠ all must agree to recommend 12 members: 4 from the third year class, suspension or expulSIOn. 4 from the second year class, and 4 from

the first year class; all shall serve until Sec. 7 Opinion of the Panel their successors are named under the

A. Regardless of the determination of provisions of Art. VI, Sec. 2 or Sec. 3, the Panel, they shall, within five days of graduation from the College not the hearing, express their conclusions in withstanding. a written opinion to be placed in a conti-

Sec. 2

A. The Judicial Council shall be se-lected by the Student Faculty Committees Selection Committee, as established in Art. IV, Section 8 of the Constitution of the Associated Students of Hastings, subject to the approval of the ASH Coun-cil. In making and considering the ap-pointments to the Judicial Council, the Selection Committee and the Council have the duty to insure that the Judicial Council is representative of all segments ofthe student body, and that at least two minority (Third World) students, and three women students be included in the Council.

B. Following the first year of operation of this Code:

1) The first year members of the Judicial Council shall be named at the second ASH Council meeting following the election of first year representatives to the ASH Council.

2) The second and third year mem-bers shall be named at the first ASH Council meeting following the 1st of April in the year preceding the year of their service on the Council.

C. New members shall take office in the Fall of each year, or upon the earlier resignation of incumbent members.

PAGE 11

IT necessary to conduct a hearing or to fill vacancies, the ASH President may ap-point interim members subject to appro-val at the next ASH Council meeting.

Sec. 4

The ASH Council shall select from among the Judicial Council one member, when-ever possible one having had one year's tenure on the Council, to serve as Chair. Art. VII Adoption Procedure Sec. 1 Adoption

Upon approval by % of the ASH Council, this Code of Ethics and Procedures shall be submitted to the Associated Students for approval, a majority vote being re-quired for approval.

Sec. 2 Approval

This Code must be ratified by the Admin-istration of the College; ratification shall consist of approval by the Dean and a majority of the Faculty. Art. VIII Amendment Or Repeal Sec. 1

This Code of Ethics may be amended or repealed by a 2/, vote of ASH Council, if such amendments or vote to repeal is ratified by a simple majority of the voting student body.

THE

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AMERICAN BAR

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WHEN YOU GRADUATE

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ARE WAIVED

GET FORMS NOW IN ROOM 108

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PAGE 12

LEGAL EDUCATION NOW RECENT GRANTS PARITY BETWEEN CLINICAL AND ACADEMIC SALARIES SUPPORTED BY NEW COUNCIL ON LEGAL EDUCATION FOR PROFESSIONAL RESPONSIBILITY GRANTS TO TWO LAW SCHOOLS

ment of legal institutions and pro-｣･､ｵｲｾｳＮ＠ For non-clinical teachers these contributions normally are ex-pected to result in publication of original research. Clinical teachers are not required to publish. However, the standards make publication an

A new emphasis on CLEPR' s pro- option for clinical teachers by pro-gram is reflected in grants made in viding that "if a clinical teacher de-December, 1976 to Northwestern sires to have original research and University and the University of Ten- publication considered as one of the nessee. The entire amounts awarded criteria for promotion or tenure, the will be used to increase the salaries of clinical teacher, where feasible, may clinical supervisors in the law schools be given some relief from clinical of these two universities in an initial teaching responsibilities to engage in effort by CLEPR to upgrade the appropriate research and writing. status and pay of personnel working As an alternative to publication, in clinical programs. clinical teachers may satisfy this

Disparities between the working standard for promotion and tenure by conditions of academicians and clini- making "significant contributions to cians will not be erased solely by the development of the law or to legal up-grading of clinical salaries. Inher- education." Since clinical legal edu-ent in the double role of teacher/ cation is still in the developmental practitioner are longer hours, longer stage, significant contributions to the

HASTINGS LAW NEWS

HOWTOSTART ALAW PRACTICE

The Law Student Division has available several programs and ma-terial on how to start and build a law practice. With the cooperation of Jay Foonberg, a Los Angeles attorney, the Division is promoting an ex-tremely practical and readable book by Mr. Foonberg entitled How to Start and Build a Law Practice. The book is being advertised in Student Lawyer and is available to members of the Law Student Division through the ABA (Order Billing Dept. 527, 1155 East 60th St., Chicago, Illinois 60637) for only $5 rather than the $10 charge to non-members. This type of practical material is a good member-ship incentive.

The Law Student Division is coor-dinating the presentation of pro-grams by Mr. Foonberg on the sub-ject of starting, maintaining, and building a law practice. '!:.he program

has been presented with great suc-cess at last year's annual meeting and at several schools and circuit conferences. In order to ease the ad-ministrative burden on Mr. Foonberg and to make the program and mater-ials available to as many law students as possible, the LSD has appointed a liaison to promote the sale of the books and to help you arrange a pro-gram on the subject of starting a law practice. If you have any suggestions or want some help, please contact (calling collect if necessary): Doug Manley, 1320 Folsom #17, Boulder, Co. 80302, telephone 303/444-4151. We will try to keep you informed through the Law News of various programs (see below) as they are scheduled around the country and the editorial board decisions on promo-tion of the book.

work weeks, more student-contact development process, such as pro- L-___________________________ _

hours and responsibility for clients - posing and evaluating new methods highlights the fact that clinicians are all adding up to more demanding and techniques, "will be considered teachers although also lawyers. work than is required of those who as an acceptable method for satis- At Tennessee, the Clinic staff of are classroom teachers. But CLEPR faction of this standard for promotion four tenure-track faculty and the believes that raising clinical salaries and tenure." twelve attorney/instructors men-to parity with those of classroom The standard for teaching effec- tioned above direct a program which teachers will eliminate one of the tiveness may now be met not only by provides civil-indigent services for most serious handicaps in the recruit- showing of excellent performance in "Cumberland County under a grant ment and retention of qualified clini- the teaching of large classes but also from the Legal Services Corporation, cal supervisors in the increasing by a showing of "excellence in the criminal defense services with funds number of clinical programs. teaching of small groups and in from LEAA, and services to the el-

Northwestern University will re- supervising students .. . in clinical derly under Title XX of the Social ceive $29,300 over a two-year period ... studies." Northwestern recog- Security Law. Included in the which, together with matching funds nizes here the importance of the School's annual budget are the salar-from the School of Law, will be used teaching that takes place as a clini-to increase the salaries of five tenure- cian supervises student-client case-track clinical faculty so that parity work. Thus, in addition to financial between clinical and academic com- parity established by the grant, pensation is established. AnnuaI in- Northwestern has given further sup-

ies of the four tenure-track clinical faculty and the maintenance costs of a spacious physical facility for clinical operations. Such major financial com-mitment by the Law School assures that the goals of providing quality service to clients and quality teaching to students are met. Added to this there will now be the law school's new commitment under the present grant which moves the pay scale of the staff attorney/instructors away from the salary level in legal ser-vices and toward the law school faculty scale.

dividual salary increases ranging port to clinical faculty by establishing from $5,000 to $7,000 will bring total promotion and tenure standards annual compensation for clinicians which recognize the different roles of into line with compensation available clinicians and academiCians.

ATTENTION!

to non-clinical faculty who teach on a The University of Tennessee will nine-month basis and also engage in match a CLEPR award of $19,000 in a additional teaching or research in the two-year plan to increase the salaries summer. Northwestern has commit- of the twelve attorney/instructors in ted itself to maintain the higher clini- the College of Law's extensive clini-cal faculty salaries supported by this ' cal program so that their pay more grant in future budgets, except for closely approximates that of aca-adjustments that reflect differing lev- demicians of equivalent years of ex-els of experience. perience. In addition to taking into

In awarding this grant CLEPR account the usual differences in work-recognizes Northwestern's pioneer ing conditions in the law school which role in establishing new promotion weigh more heavily on clinicians, this and tenure criteria which take into grant is aimed at breaking the bond account the special demands of clini- between the salaries of clinical teach-cal teaching. All teachers at North- ers and the pay of legal services at-western must meet the promotion torneys. Clinical teachers' salaries and tenure standard which requires have too often been pegged at a level ｴｾ･ Ｎ＠ making of significant contribu- slightly above that for legal services tlOns to the development of the law or attorneys and lower than the salaries legal education or to the improve- for classroom teachers. This grant

PACE

1 st & 2nd Year Students IS a the

This year's Hastings yearbook renewable arrangement with publisher. A centennial (1978) year-book and any subsequent yearbooks will depend largely on support shown for the present yearbook. So, regard-less of whether you intend to purchase a copy, at the very least make sure you sit for yearbook pictures. There's no sitting fee whatsoever.

ｾＮｈｏｗａｒｄ＠ HUNI !f 'tJJ ｾｾｦ＠ ｍｾ＠ fO ｙｾｉｉｍ＠

ｗｾｬｴｬｴ＠ rUt ｾｾＧＢ＠ I. ROT IN mAf ctU"

PROFESSOR AND COURSE EVALUATION

With the cooperation of several organizations in the Hastings community, a sophisticated computer-tabulated

means of evaluating the professors and curricula at Hastings has been developed.

IT'S SHORT, SWEET & SIMPLE. WATCH FOR PACE.

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APRIL 11. 1977

GOURMET GRITS: A BETTER BURGER - PART II

Fat Albert's [for a traditional burger J

The continuing search for that elu-sive epicurean experience inevitably leads to the corner of Grove and Rose in Berkeley. At Fat Albert's a 113 lb. burger on a toasted bun with lettuce, tomato, onion and a truly delicious pickle costs $1. 75 and is an unwieldy delight. A burger with natural ched-dar cheese piled high is $2.20; with bacon strips "galore" $2.75; or with cheese AND bacon $3.20. Dijon mus-tard and catsup are on the table. Fries are very good and quite abun-dant for 60 cents. Beer on tap is 50 cents a litre and wine is $3.00.

Fat Albert's is small, cheery and usually very busy (allow about a ten minute wait for dinner on weekends). There are a few ferns, lots of wood, black and white gingham curtains, a huge world map and lots of Jack London memorabilIa - e.g. pages from his books resined into the tables and blown up photos on the walls-but the best scenery is in the bakery case housing the desserts which will clue you in just exactly why 01' Albert has acquired that descriptive adjec-tive! Their famous (so they tell me) apple pie is served piping hot and is really preferable ala mode (Drey-ersIl, the cheesecake is lemony and flakey, while the chocolate cheese pie on a graham cracker crust is a real fix for any chocolate addict. The coffee is also exceptionally ｰ｡ｬｾｴ｡｢ｬ･ Ｎ＠

So, if you're in the market for an East Bay burger - Fat Albert's is very, very good with a nice atmos-phere. But always remember it's hard to beat a Federal double cheese for taste, price, and easy access.

Grub Steak [burgers with a real homemade flavor 1

Not too far from Hastings on Pine off Polk can be found the Grub Steak, which from the eyterior resembles a train car embelished by Toulouse Lautrec. Th", interior dining car is adorned with stained glass, plants, a sky light and a great juke box. Bur-gers here are larger than the usual, have a fresh homemade taste, and are served with lots of sprouts,

tomato,lettuce, relish and sauce. The Grub's 114 lb. beef burger, the "Prospector" is $1.55; the "Strike" (with cheese) is $1.65; the "Grub-steak" (with bacon) is $1. 75; and a "Nugget" (with egg) is $1.95. No liquor is served (sad but true).

Hamburger Mary's Organic Grill [the back to nature burger]

For an even more organic type burger at a slightly higher price and not real far from school at 1582 Fol-som, Mary's is the spot - a trippy looking rather large establishment with a full bar (rah! rah! rah!) and it is great. The "Hamburger Mary" is $2.30, a real mouthfull served on grain bread with tomato, sprouts, carrots, etc. A "Cheeseburger Mary" (raw milk mild cheddar) is $2.70 (and there's also bleu cheese). My favorite is the "Meaty Mush-room" for $2.90 which is chuck full of sauteed fungi. You also might try a "Hamburger Maria" with mild Span-ish salsa. Home fries are 50 cents, and really everything on the menu is great ('specially the super salads).

Hamburger Mary's is really an amazing place - the 'decor is difficult to describe since it consists of a little bit of EVERYTHING - just let it suf-fice that Mary's is an eventful exper-ience for the eye as well as the tummy.

The Hippo [ variety's the spice of life]

For a truly wide range of ham-burger selections there's always The Hippo on the corner of Van Ness and Pacific, but remember it'll cost ya-and plenty. This orange and black coffee shop's menu offers approxi-mately 50 species of burgers in the 113 and 112 lb. categories, ranging in price from $1.65 113 lb. "Nude-burger," (112 for $2.40) to "Stroga-noff, II "Mushroom, II "Welsh," "Pizza" and "Cannibal(?)" burgers at $3.95.

For additional coin you may add New York Martin, American, Mon-terey Jack, or Swiss cheese to your basic burger ($2.25 with all the trim-mings on French bread) or a variety of sauces and bacon. A side of fries if

85 cents. A "Bippyburger" comes with

American cheese, fries, lettuce, to-mato, pickle, onion ring on a sesame roll for $3.45. All burgers are char-coal broiled high quality beef. Dijon mustard and catsup are on the table and the waitress will·ask you if you'd like onion or mayo.

The Hippo is very good but high priced - you end up paying for the atmosphere - which mayor may not be worth it depending on your per-spective and pocketbook. It is some-what of a "tourist attraction," but not unbearably so.

The really fantastic thing on the menu is a "Hippo shake" made with chocolate sauce and c ffee flavoring for $1.35 and one of these thick

Continued {rom page 4 PLACEMENT GUIDE " ANOTHER WILLIE SHOE-MAKER": A young jockey whose reputation is very good. Usually, however, they turn out to have no ability at all. Several years ago, an apprentice named Tommy Burkes arrived at Golden Gate Fields. He won a few races, and immediately was called another Willie Shoemaker. Naturally, the appelation was unde-served, and now Burkes is known universally as Terrible Tommy. A young apprentice who wins a few races is now sardonically referred to as "another Tommy Burkes. II "HATCHET-RIDE": A terrible ride by a jockey. E.g. "My horse was ｾ＠absolute lock, the lead horses were spitting in front of him, but the jockey gave him such a hatchet ride that the horse was beaten by five-lengths." "STEP ON ONE'S BREEDING": A horse of nominal parentage who has won a few low level races, but then enters a race against the successful off-spring of champions and fails to show any class. E.g. "I bet a fortune on Telly's Pop in last year's Santa Anita Derby, but against the big boys he stepped on his breeding. ' , "WHOM HAS HE BEATEN": This phrase, framed as a question, is similar to the concept of stepping on

Prepaid and group legal service plans have been steadily increasing in number all over the country. The Tax Reform Act of 1976 removed the last major obstacle to the potential for explosive growth in this area. Many knowledgeable observers expect the number of group and prepaid legal services plans to double in the next year. Currently around one milIion Americans are covered by some form

one's breeding. One asks the ques-tion about a horse that has won a race or two against lesser opponents. It is usually asked in the sellers' lines in an attempt to undermine another bettor's confidence. "THE BOARD IS SPEAKING": (or, with more emphasis, "The board is screaming"): An unexpected drop in the odds of a horse, reflecting large, last-minute bets by those with • 'in-side information." E.g. "I charted all last night, decided that Doubt Me Not would win the race, and then the board started screaming Oak's Lady. Naturally, 1 crushed Oak's Lady, and just as naturally Doubt Me Not won handily."

- Albany Hill

of group legal plan. Employment opportunities for law-

yers and law students will also ex-pand with the growth of this new form of legal services delivery. For example, the Managing Attorney of the Municipal Employees Union (N. Y. City) Legal Plan is currently hiring 70-80 lawyers and over 100 staffers, including law students for summer work. Other examples are less dramatic, but the point remains - jobs are being created in this field right now.

The Liaison to the ABA Special Committee on Prepaid Legal Services has obtained a national list of'>perat-ing prepaid and group plans, both open and closed-panel, union-spon-sored and bar-sponsored. This com-prehensive list contains the sponsors, managing attorneys and addresses of practically every major plan in the country.

The Liaison will make this informa-tion available to any law student who requests it, subject to the following restrictions:

1) A request must be for a specific city or a specific area of a state;

2) No request for the entire list or for a regional list of addresses

PAGE 13

mOCha yurrumes IS big enough to split with a friend. All other shakes are $1.05 and the desserts looked really terrific (hippo power!).

ETC. Bill's Place on Geary in the Rich-

mond has long been a highly ac-claimed burger spot, but recent re-ports sadly note that their product has not been up to par. Check it out -hopefully the reports are wrong!

If you're looking for a "fast food" burger but are tired of the chain "scarf 'n barfs," rumor has it that Clown Alley located at Columbus and Jackson AND 2499 Lombard might be worth a try .

Gail Mitchell

will be honored; 3) Requests must include a stamped,

self-addressed envelope. 4) Requestors are urged to indicate

they are from HASTINGS COL-LEGE OF LAW.

Please note that there is no re-presentation made that there are many jobs available at all at a given location. It will be up to each law stu-dent to solicit and frnd out whether there are jobs at a particular location of interest. This is fundamentally self-help by each law student; the Liaison will merely help find some prospects.

Most of the operating plans are in the Northeast, Midwest, and Far West; fewer plans are in the South and Southwest.

Send all requests to: Mr. David G. King, ABA Liaison - Prepaid, 1120 Briarcliff Rd., NW, Atlanta, Georgia 30306.

PAGE 14 HASTINGS LAW NEW

THOUGHT PROVOKING LETTER DONORS TIGHTEN FUNDS Dear Editors:

The national reputation of a law school can be an important factor influencing the placement of the school's graduates. The students at Hastings and those now deciding where to attend law school may therefore be interested in the national reputation of Hastings.

Since 1973, there have been four (4) published studies ranking law schools through the judgment of law school deans and faculty members. (Blau-Margulies, published in Change magazine in 1973 and 1975; Juris Doctor magazine study pub-lished in December 1976; and the Cartter Report published in the Feb-ruary issue of Change magazine, 1977). Hastings failed to rate in any study.

In the most recent study (Cartter), the only definite conclusion one can draw regarding Hastings is that it does not rate in the top twenty nationally.

There has been one study, conduc-ted by the President of the University of California in 1964 which was kept confidential and unpublished, but is on file at the central records office in University Hall in Berkeley. In that study, the deans of the nation's law schools rated Hastings tied for the thirty-fourth (34th) rank out of 44 law schools receiving any mention at all.

Being 34th does not sound all that impressive, but when one considers that there are over 160 ABA accredi-ted law schools in the nation, Hastings still rates among the top 22 %.

-s/Nick Lebowitz '75

continued from front page

the Financial Aid Office is placed in staff was competent and congenial as the difficult position of monitoring well as accessible. Hastings students and verifying the accuracy of these overwhelmingly indicated in the sur-programs. This increased monitoring vey (by a margin of 15 to 1) that they will make it incumbent on the student were equally treated by the Financial to supply even more substantial in- Aid Office and Staff. Unfortunately, formation on his/her financial pos-most students (2 to 1) felt that they ture before aid can be awarded. did not receive enough money even

The survey showed that students though they were evenly split on the feel very strongly about the criteria maximum budget allowance used to used to determine independency from compute need employed by the their parents. By a margin of 2 to 1, Financial Aid Office for student living they rejected the current criteria used expenses. and deemed it invalid. However, in Criticism of the Financial Aid Of-response to the question of whether a fice centered around the physical student should be required to contri- layout of the office and the need for bute to his/her own education, the more immediate attention from coun-greatest number responded affirm a- selors. By a margin of 2 to 1 students tively. By a margin of 5 to 1, Hastings felt that size of the Financial Aid students rejected the notion that a Office was inadequate to handle the student should not have to contribute number of students requiring service. to his/her own education. They were also critical of the time

AND A RESPONSE

The information gathered very required before they could see a strongly parallels the philosophy cur- counselor, even though they indica-rently used to determine Financial ted in a prior question that the staff Aid need. Most federal and state was accessible. They were also criti-programs require the student to cal of the amount of time the coun-demonstrate a need for aid before aid selor was able to spend with the can be awarded. Even the Federally students. The time spent with stu-Insured Student Loan Program, one dents was felt to be insufficient.

In response' to this letter, we would like to quote from the December 1976 issue of Juris Doctor, an article entitled, "The Popular Vote Rankings of the Top Schools:"

"We must reiterate that the most important measure of any school-no matter what its reputation - is how much an individual student learns from it. What's good for ,one may be bad for another. That kind of judgement can come only from the student himself."

The Juris Doctor article mentions Hastings very favorably on several counts. With regard to both academic quality and job pull, Hastings ranked in the top 20 along with Cornell, Northwestern, UCLA and George Washington. As University of Penn-sylvania Professor Schwartz points out, "The slope of excellence be-tween 'the best' schools and the next 20 is surprisingly flat. The 'second best' are very good indeed. "

Furthermore, the 1964 survey mentioned in the letter would have little relevance in 1977. Hastings has changed so in the last decade that any 1964 rankings would have to be grossly out-of-date. The "65 Club" faculty, as well as the regular faculty of Hastings, continue to bring na-tional and international stature to the College. Both faculties have in-creased in numbers and prestige in the past few years.

From Wall Street to Los Angeles, from Washington, D.C. and back again to the Bay Area, H,stings

ART IN MOTION Young girls whose very erect

bodies are clad in pastel colored leotards and skirts move lithely across the floor. They interrupt the light cast by the hanging lamps and create shadows which exaggerate the arches of their backs and the length of their legs. Women in flounces of taffeta and silk traverse from one comer to the other, joining up with one group and then another. Some of the younger men stand alone or in pairs against the marble walls watching the motions in the center. The other men provide an arm and an interesting counterpoint to their female partners. The variations in the pattern are subtle and almost repetitive, accompanied by the music of soft chatter. Then the bell rings at the Opera House, and the people quickly find their seats.

The American Ballet Theatre came

receives constant reports that its re-putation and the reputation of its graduates is, at the very least, excellent. Forty-five hundred well qualified applicants a year, 34 per-cent of whom are from out of state can't be wrong. '

As Mr. Lebowitz stated himself Hastings rates among the top 22 ｰ･ｲｾ＠cent of the over 160 accredited law schools in the nation.

of the most recent of federal pro- The Financial Aid Office is very grams (originally designed for middle interested in soliciting the views of class families) is currently being students regarding the outcome of interpreted by most commercial len- this survey as well as all issues ders as a program for students with affecting the awarding of financial need and they are requiring need aid. The office is especially interested criteria before they will commit in seeking views of students on the funds. method used to determine need. Any

EDITOR'S NOTE: The above reply was drafted by a member of the Hastings administration shortly before press time.

Regarding the Financial Aid Pro- ideas or comments regarding the gram at Hastings, most students results of the surveyor changes in rated the service better than satis- procedure will be greatly appreciated. factory. More than 5 to 1 felt that the

EDITOR'S NOTE: The Juris Doctor survey suffered from severe meth-olological flaws causing Hastings to rate higher or lower than it maybe should have.

1977 ABA/AMA continued from ｢｡｣ｾ＠ page

lawyer is dependent upon the rules, laws and decisions which many, in-cluding Dr. Boyle, consider to be "artificial and often arbitrary conventions. "

Author's note: Clearly great ad-vancement has been made in those areas discussed in the bulk of the

students plan to be the policy imple-mentors of tomorrow. Only through a concentrated interdisciplinary train-ing now will we be adequately pre-pared to cope with these problems in the future.

Kenneth R. Pivo

Notwithstanding Juris Doctor, though, Hastings has not fared well in highly respected ABA and AALS surveys. A less than superlative rating will continue to be given Hastings so long as its library "vol- I

ume to student" ratio is poor - a heavily weighted survey factor. The new law center should remedy that. All other academic factors remaining the same or progressing at their present rate, the new Hastings Law Center facilities should catapult the college to the top of the survey rankings. The biggest problem will remain to be the exceptionally poor attitudes of many students and facul-ty members.

symposium. The problems of the Kenneth R. Pivo is a second year future, however, cannot and indeed student at Hastings College of the should not, be dealt with purely from Law, University of California. He the practitioner's point of reference. graduated cum laude with a Bachelor Rather, proper utilization of limited of Science degree in Biological Sci-resources, the rig.ht to life, recombin- ences and is presently an editor of the ant DNA and ｾ＠ unmeasurable num- Hastings Constitutional Law Quar-ber of other ethical problem.s can ｯｮｾｹ＠ terly and a Contributing Editor of the be properly approached If today s Hastings Law News.

- Vicki A. McCarty

back to town last month, and few distracted by ballerinas who looked devotees could allow themselves to as though they would topple over at miss the luxury of seeing one of the the slightest gust of wind. finest ballet troupes in the world. But it is the principal dancers such During the rest of the season as Cynthia Gregory, Natalia afficcionados keep in touch with the Makarova and Fernando Bujones who art by attending the performances of draw the fans. When Gregory other dance groups that pass through piroutettes onto the stage, cocks her San Francisco, but with the arrival of head slightly to one side, and smiles, March come the dancers who most the crowd is conquered. Makarova's consistently elevate ballet-watching frail grace makes her seem ethereal from the level of a spectator sport to and unhampered by such earthly en-that of a transporting experience. cumberances as bones and muscles. Other corps can adequately perform And Bujones, well, just one of his "Les Sylphides," but few can spectacular leaps is enough to bring actually achieve such precision that even the most staid audience out of the dancers seem even to be its seats with gasps, bravos, and wild breathing in unison. Slow canti- howls. The crowd is still waiting for levered arabesques are a challenge to the never-coming thud of his landing the strongest and most balanced when he has taken off for a second dancers, but when ABT performed and a third flight. , 'La Bayadere," each of the score of ' The ABT has managed to captivate spirits movel;l so flawlessly that the lovers of traditional ballet and make audience was entranced, rather than them behave untraditionally. It has

made culture painless for those who previously thought of ballet as tediousness rewarded by the tasteful sound of gloved hands applauding. Kirk Peterson, dancing Twyla Tharp's "Push Comes To Shove," personifies the attraction of the ABT with his masterful approach to the classical movements interspersed with hip shakes and wild hands running through his hair. One moment he is so loyal to ballet form, and the next he is standing flatfooted, scorning it or jerkily moving about in delightful parody.

The curtain falls before the laughing has stopped, and the people mimic the wild and chaotic motions from "Push" as they file down the aisles. Perhaps that is the ABT's greatest charm, it is participatory. Next spring when the troupe returns San Francisco will be waiting, ready to learn some new steps.

APRIL 11,1977

CALIF. PROBES FRAUD CONNECTION

Since 1971 the Palestine Liberation Organization (PLO) may have re-ceived more than $5 million worth of fraudulent insurance claims collected by Middle Eastern students living in the United States.

The California Highway Patrol (CHP), along with insurance investi-gators, have uncovered a ring of foreign students operating in at least four different states, who have man-aged to bilk more than a dozen major insurance companies for millions of dollars in multiple and phony insurance claims.

Money from the insurance frauds, after expenses, has been sent to the PLO and other Arab nationalist or-ganizations in the Middle East, ac-cording to a Feb. 20 article in the New York Times.

The Times article quoted an insur-ance investigator who says, "There's no question about it that it is political; these people are essentially front people for the PLO. They told me their job is to raise money to support their soldiers in the Middle East. They've learned the vulnerabilities of

OHIO PLAYERS

our insurance companies and they exploit them to the point where it has been paying off like a slot machine."

Lt. Glenn Sewell, director of the CHP investigation, told CPS that the investigation is the biggest fraud in-vestigation in CHP history.

"We know the money is leaving the country, we're just not certain where it's ending up though," Sewell said. The insurance scheme involves more than 180 persons - mostly Middle Eastern citizens with student visas - submitting allegedly false in-surance claims in California, Nevada, Michigan and Minnesota.

Sewell said investigators have dis-covered several four-wheel drive ve-hicles reported stolen by Arab students in places as far away as Lebanon where the vehicles sell for approximately $40,000 each.

So far, the CHP has arrested only two persons, Parek AI Othman, a Lebanese student at Sacramento State College and Mohammed Siam, 27, also a student at Sacramento State. Sewell emphasizes that more arrests are forthcoming.

They still have them - rock con- have envied the poetic appeal of certs, I mean. You know, where a singer Sugar's exclamation, bunch of denim and rhinestone be- "00000000, shhhhhhhhhhhucks!" decked musicians sing to you about It might be unsettling for you to how much fun it is to be BAD. Where learn that the people have changed you pay six bucks for a seat that you since you were in the concert main-hardly even use because it is too con- stream, but such is the case. Re-fining. Where 17 year-old girls with member how the closet groupies used satin pants and foggy eyes turn to to strive to look like Grace Slick and their 01' men and say, "Billy, I'm Keith Richards? Last week the Circle soooo wasted. I think I'm gunna be Star looked like the headquarters for sick." the Farah Fawcett/Lee Majors Look-

The Circle Star Theater in San Alike Contest. And to think that you Carlos had a concert last week, and didn't even know what the word the guys in the denim and rhine- "coif" meant until you were twenty-stones were the Ohio Players. Not two. only do they have fun being BAD, Taken in controlled doses, getting they're so BAil they're rich. back to the glitter can be a healthy

You will be happy to learn that rock experience. The Player's hour-long concerts still work, to a certain ex- set of "solid golds" never once got tent. "Skin Tight" is rhythmically out of control. The only unexpected raucous enough to set even the veter- occurrence was the spilling of a dry ans to moving. And although the dry ice container, and a stage hand was ice smoke and the flashing lights that there to reclaim it immediately. So accompanied "Fire" were theatrical, you see, there is really nothing to be in its worst sense, they were the extra afraid of- You can even practice at touch that made "outrageous," for home with your own stereo and a once a fitting nomenclature. rented crowd. One last tip, however,

Lyrics such as "You're a real bad before you take the plunge, they misses, in those skin tight britches," don't burn incense at concerts any-and "You're so very hard to take, you more, so don't embarrass your row by sweet sticky thing,' , may not be lighting some up. Shelley, but they can sure shake up - Vicki A. McCarty an audience. Even Shelley would

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The Federal Bureau of Investiga-tion is studying the international implications of such a systematic fraud ring, and, according to Sewell, local authorities have asked for assistance from the State Department.

Sewell said more than 60 persons in California alone - students hailing from Lebanon, Syria, Iraq, Jordan and Iran - have been identified as participants in the fraud.

For the scheme to work, he said, a student will acquire ten different sets of identification papers. That individual then takes out a drivers license in each of his aliases. The most common approach then, he continued, was to purchase a new car, insure it at ten different insurance companies and collect from each insurance company when the car " mysteriously disappeared or was set on fire ."

"I believe it (the scheme) is very premeditated. These guys know exactly what they are doing and they were doing it very well and very elaborately, " he said.

PAGE 15

" The students have a new sophis· tication for dealing with the insurance companies and are quite skilled at what to say and whom to complain to," he added.

James McMullen, director ot security for the Farmers Insurance Co., and industry representative in the investigation said, "the amount of money bilked nationally could easily exceed $5 million .

In Los Angeles, Calif., a small bani! suffered great losses when it had tc payoff on disability claims for Aral: students who had had "supposed accidents," Sewell said. He also said that arson provides healthy income in the fraud scheme since Ｂ ｳｯｭ･ｴｩｭ･ｾ＠they buy a business or lease B

warehouse and then set fire to it ane collect insurance and live off ｴｨｾ＠benefits. "

Sewell noted that none of ｴｨｾ＠suspects are living flashy lifestyles 01

indulging in luxuries. "They're al living so frugally," he said. "That'1 what makes us think that the mone) is leaving the country and going t< support something - we're not ｳｵｲｾ＠what, though."

- Carol O'Connol

GIVE IT

AWAY

TOA GOOD CAUSE

LEA VE ITEMS IN Rm. 10 -Bldg. Mgr'sOFFICE

THE HASTINGS VOLUNTEER ASSN. WILL HELP YOU FIND A PLACE FOR ALL THOSE GOOD THINGS YOU DON'T KNOW WHAT TO DO WITH WHEN YOU CLEAN OUT YOUR LOCKER OR APART-MENT. GIVE IT TO THE THRIFT SHOP!!

............................ • • • • • • : YOU THOUGHT! : A HYPNOTIST 5 • • : WAS GREAT : • • • • : Just Wait For The Next : : Outing-Club / Law News Party! : • • • • • • • • • • • • • • : GET YOUR COSTUMES READY!! : • IT'S AN AU DAY • : COSTUME-PARTY : : B*ER-BASH-BLOW OUT! WOW! : • • • • • • • • • • • • : Plan Fot' It! During The : : Last Week O/Classes. YessitTee!! : ............................

PAGE 16

DOCTORS & LAWYERS-TOGETHER More than half of the recent In presenting his paper on the eth-

medicolegal symposium was devoted ical consideration of the professional, to the practical concerns of the pro- Dr. Joseph Boyle spoke of the role of fessional. Much of the remainder of the scientific and technological revo-the symposium was devoted to the lution as producing a "new and in-presentation of specific techniques evitably increasing interdependence covering subjects as varied as the of profound technological, social, preparation of a doctor as an expert economic and political conse-witness, the use of videotape deposi- quences." The profound advances of tions, recent developments in mental science and the increasing awareness health, or surgical treatment of the of rights of individuals, have been cardiovascular system. Each of these thrown together, in Dr. Boyle's presentations, as well as the in-depth words, as a "seething cauldron ... discussions of liability and consumer-bubbling over with ethical ism, dealt with a subject which pre- considerations." dominantly concerns medicine and The major obstacle adding fuel to law as separate professions. The the fire is the frame of reference from highlight of the symposium, as well which the professions view the prob-as being a subject of intense import- ·lem. The doctor relies upon a "bio-ance for the future, is, however, an logical" point of reference while the exception to this generalization.

AH, THE CHI LOREN Continued from front page

Director, now to reserve a space for next fall. It is the desire of the Center to accomodate as many students as are interested.

• a change in the use of registration or student fees must be o.k.'d by the legislature because of the unique position Hastings holds in the V.C. system (although please note that we are working on this also).

• any change in registration or stu-

HASTINGS LAW NEWS

• State funding, however, only cov-ers 75% of the actual cost of provid-ing day care. If the Center is to continue giving high quality, low cost day care it must acquire the other 25% of the actual cost by fund raising.

Most schools comparable to Has-tings provide this 25 % ( .. quarter match" ) through the schools own funds, i.e. registration fee, student fee, etc.

dent fees would take 2-3 years to The 1977 ICE FOLLIES is not an opportunity to see Dorothy Hammil. It IS effect. The Child Care Center cannot an opportunity to see a great opening night show on ice. The May 24th, 8:00 financially exist for 2-3 years receiv- p.m. performance will benefit the Alameda County Easter Seal Society, and ing only 75 % of the actual cost it a special group is tickets is available through Law News photographer Bob requires to provide day care to Aicher. May 24th is after finals, after graduation, and is an appropriate subsidized families. time to spend an evening enjoying great entertainment from good seats in For those who are aware of the fact the Oakland Coliseum Arena. Mark the time and date on your calendar and that there is a Tony Patino, Jr. Fund L-c_o_n_ta_ct_B_o_b_A_i_c_he_r_a_t_5_66_-4_0_1_1_[:....h_o_m_e...:1_o_r_444_-_5_08_2_[_w_o_rk_1_. _____ --i

Until now Hastings has not offered any financial assistance in that no part of the registration or student fees have been allocated to child care, nor' has a special fee been allowed even though there are many student parents, and even though Hastings fees are lower than at many similar schools.

Weare asking for a special fee rather than an 'increase in registration of student fees because:

that is used to reduce some student parent fees, the Fund is not a large amount and is inadequate to meet the needs of the Center.

Please help the Child Care Center and the Hastings Community by signing the petitions which will be circulated at school. Student signa-tures will mean that there is student support for the fee but will not mean automatic exaction by the Administration.

EXPANDING HORIZONS: LEG A L C LIN I CS Continued from page 1

These programs place a strong dispositions. The experience of work-emphasis on the practical aspects of ing with a U.S. Magistrate "is enor-legal work and the interrelationship mously beneficial. It provides a real between the functioning of the par-' learning experience. You deal with a ticular agency or process and the case just like you would on the out-problems that clients encounter. side with the exception of supervi-

The V.C. Medical Clinic, partly sion," concluded Steve Brown, sec-, funded by fees from students at the ond year clerk to V . S. Magistrate.

The reaction of clients to the law Parnassus Campus, provides those student as counsel has been favor-,

' students with initial legal counseling on a broad variety of legal problems able. As Charlie Seamann concluded, encountered in general practice. The "universally, the people have a great

, students from Hastings not only staff deal of trust in us, because we the offices, they handle the needs of express a limited amount of know-student-clients from the initial client ledge and honestly indicate we will

find out what we don't know." interview through the disposition of their problem under the supervision Not only do the students benefit' of the Clinic's Director, Hastings from their practical involvement in Professor James Nielson. Second client problems, there is much to be year students in their second semes- gained from the seminar meetings' ter are certified to appear in court which dovetail the weekly clinical ex-under the California Bar rules pro- periences. As Seamann observed, viding for court appearances by stu- "the seminar meetings are incredibly' dent/counsel under the supervision valuable. It's an aspect of education of a member of the bar. that you can't begin to obtain in a

In constrast to the certification classroom. Yeu learn from the practi-process employed to allow students a tioners, you learn the tricks of 25 taste of courtroom life, the students years. It's hard to beat."

. in the Trial Practice Clinic, acting as These externships and clinical pro-clerks of U.S. Magistrates, routinely grams are available to all Hastings represent both sides in petty offense students. To obtain more information

about either an externship or a clinic, contact Professor Torn Rothwell, Di-rector of Clinical Programs, 205 Golden Gate.

JOB OFFERS: Continued from page 1

But how many people really know about the 'new' Hastings? The Col-lege's alumni are in many instances just as misinformed and uninformed as those who will think of a clothing store when Hastings is mentioned.

A recent survey by the magazine Juris Doctor, notwithstanding its methodological flaws, failed to com-plete many ratings on Hastings be-cause those surveyed didn't have enough facts to form an opinion. Who were those surveyed by Juris Doctor? Law school deans across the country! Information is needed.

What's the solution? Since the State of California is not beholden to public relations programs it behooves us to set up our own. For maximum effect at minimum cost the printed medium is probably the best. Pub-ished fact sheets about Hastings. Mailings aimed at decision makers among legal employers.

At $10.00 per student per semes-ter, each student's expenditure would probably pay foritself. Such an

assessment earmarked solely for the production and distribution of pol-ished placement oriented "pro-Hastings" materials would arguably be the least wasteful and most ef-fective expenditure of student fees possible.

How will it pay for itself? It may mean that you, as a Hastings grad-uate, will land a job one week sooner. It may mean that you get an offer from a firm that pays more or offers a stepping stone to a position you might not otherwise have gotten. Either way, dollars in your pocket.

The "Harvard Lawyer" is an im-age. Hastings can develop the same image; at the very least it can drama-tically improve the image it has. No great 'con' or sales jobs need to be done. Just a polished and accurate dissemination of Hastings facts and figures.

If you disagree, write us at the Law News. We invite your comment.

HEY, ALUMNI! Send Us a Photo for the Yearbook

Send us a picture of the goings-on at Include a Hastings while you were here.

possible caption too. We'll return them to you unharmed!

send to: The Hasting Yearbook clo Hastings Centennial Fund

198 McAllister St. San Francisco, CA 94102