Equitas, vol XI, no. 1, September 1979

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.CE::©)ffiW)ll@io oooo f?)@@® ~.®~@ml · . September 197g .

Israeli Ambassado·r ·A ddresses lnterinati0nal .Law Seminar '

by James Gelb

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. With the completion of the renovation of 53 Worth Street into classrooms and of•fices, NYLS has dramatically increased botft its physical plant and its esthetic ap.pearance. The new building, originally·expected to be finished in tiI)'le for the S~ring, , 1979 semester, was having finishing touches completed only days before classes began for the Fall semester. • According to Dean Bearn, the long de,. lay· was a result of slow moving city agen. cies who had to approye renovation.plans, · and the unexpected length of time to clear the building ofits tenants. Originally the school planned to renovate only the bottom floors and to•perII)it the commercial tenants to remain-on the upper floors, ·however, it soon became apparent that those plans were not feasible, and plans were red;awn i:.,o 'en~ble reno~a-

tion of the entire structure. It·theh became necessary to gain approval of the _n.ew plans , by the city agencies;· and tO' allow the tenants sufficient time .to remove themselves, before work could b~gin . . The 1:1cquisition ~nd renovation of this new building is expected to be of a lasting .. nature and-not the stop:.gap effort origi 2 nally envisioned. The Administration originally planned to replace .all the present buildings with a new .ten million dollar facility. The school still intends to build a new structure, but the present three buildings will be kept and integrated with ·the new facility. Thei·e are no predictions as to when a new facility would be built and the school has not ·yet hired an architecturaL firm to design a structure which.would in- · elude this latest change of plans. · Dean Bearn has indicated that a search is now being made for ·a firm.

) f Facuity Gains Mor:e Varie,ty ~

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by Mark Conrad Trial Clinic and Municipal Law this ·NtLS has •hired several full-time fa- semester. Rosen, Maudsley and students discuss Nautical Law. culty members for the 1979-80 academic Albert H. Garretson is Professor by Frank Sheehan · · by Chris Goban · year: The ne,\y profe~sor~ have varied Emeritus .from NYU School of Law and Mr. Shabtai Rosen; the Israeli Am.It is still a my stery as ~o whether th e ,backgrou_nds and specialties ranging from has a vast background in International bassador to the United Nations, spoke at a recent speaking engagement of a _career Legal Aid to Real Estate to International Law; specialiiirig in Law of the Seas and in recent symposium sponsored by the Inter- Israeli ambassador prompted a bomp scare Law. Diplomatic.,and Consular Law. Professor Lisa H. Blitman received her LL.B. Garretson received hisJ ..D. from Syracuse ·. national Law Society. The theme of the which resulted .in the evacuation ~f the · event which occurred in the Moot Court Froessel Library and th e cancellation of from Catholic University Law School, and University"Law School (1942), and has · · Room', was-''The Law-of the Sea." · Sept. 5 night classes, · has worked for the Parole Defense Unit of served in the Justice Department as As- -• . Ambassador Rosen, · who was th e ' 'The call came through the · school . the Legal . Aid . Society since . 1973. She sistant Legal Advisor to the State Depart- . Legal Advisor of Israeli Foreign Offices switchboard at approximately 5:30 p.m., _ trained other attorneys there in court pro- ment and as Chief of the Intelligence unit of and also se ved ol'i the International Law said Dean Arnold Graham, allegedly from cedure and legal strategy as well as assist- the American Embassy in London. He has Commission fro~ 1962 to 1971, conduct.ed someone claiming membership in an organ- ing them, ~th administratiye hearings, . been an honorary Professor at Kings Colthis symposium to the benefit of all who ization with either the initials SLO or PLO. ,c ourt appearances and appeals. Before she lege··University in London; and a member. attended. The history of "The Law Of The The threat occurred mi-the same day that worked 'for the, Legal Aid stciety, she was of. the Council for Foreign Relations, the Sea" was presented, revealing a diverse former Israeli ambassador. to the United a staff attorney for the New Yqrk City . American Society of International Law, . and influential background to the discus- Nations Hon. Shabtai Rosen was speaking Human Rights · Commission, and repre- and · the . Chairman of the ·Diplomatic and sion: Mr. Rosen discussed the major rea- to New York Law School's , Internation;il sented complainants in .housing and emp- Consula~ Law 'bivjsio~ of the AB.A. Pro~ son for the conce):ltualization and establish" Law Society. The caller claimed there was . loyment discrimination .cases. Prof~ssor , . fessor Garretson teaches· Torts I and La:"' · ment of these Laws, which were: to estab- a bomb in the baserrient of 57.- Worth St. , - Blitman has also been active in civil rights .ofth~ Seas this.semester. . lis.h the powers and jurisdiction of belli- and it would detonate at 7:15, according to actions dealing with children's rights, Gerald. Korngold received his RA. gerentand neutral nations during wartime; Graham. But, Graham explained, the deto- handling two ·succesful appeals decided from the University of Pennsylvania and and, the question of how to maintain th e nation· tirrie was inconsistent with any .. by the US Cou:rt of Appeals for the Second went to that institution's Law School- . freedom of maritime commerce was also theory connecting the two events, as Ro- Circuit. · Professor Blitman offers Civi~ _' where .he o?tain~d his J.D: in Ma~, 1977:. 0 discussed. sen's speech was scheduled to end at 5:45 At th€! _Umvers1ty. of Pennsylvama Law This very knowledgeable and insight- p.m. · ·· School, Professor ~orn1,;old was t?e Edit_o~ ful speaker also delved into the tremendous · of. the Law .Review ,and received disimportance of the sea and its ramifications , · Nevertheless; according to Graham, .. (please turn to page three) concerning areas of world significance. The in the interest of safety the building was laws and regulations of the sea play a vital evacuated· and evening, classes cancelled. role in a nation's defense and its econqmic Graham said he called the police. After posituation. The sea bottom is.rapidly becom- lice ·arrived, school officials searched the ing an area for scarce. natural resources basement. They fourtd no bomb. such as oil, copper, cobalt, nickel, mangan, Ac"cording to Graham, t}:ris is the first ese, and possibly in the future, gold and diamonds. The Ambassador explained new incident of this type to occur at New York legislation concerning an innovation of a. Law School.But, he explained, in no way 200 nautical mile "Exclusive Economic would this type of incident result in a canZone" which would establish restricted re- cellation of future events of a political na(photo/E. s.dler} source or sovereign jurisdiction. . ture and he expects no problems wheri the . Prof. GarretsQn There was a wine and cheese reception International Law Society hosts another at the conclusion in- order to spur informal discussion in October entitled "Foreign InProf. B!itman vestment in the ti.S." r-•' discussion.

EQUITAS

Page2

NEWS IN BRIEF -

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Humaili:R ights Sets Sig~ts

-· On-the-Job Training at Consumer Center

· Free on-the-job training is available at the Consumer Center of Lower Manhattan. The Center, located at 47 Werth Street, is a student-operated consumer re\ ferral and intervention service that pro, vides NYLS students w1th the opportunity to gain practical experiem;e in interviewing and counseling clients and in r~soJving· their clients.' problems. · Marc Kramer, Executive Director of , the Consumer Center, believes that working at the Center is valuable experience for a legal career. Students volunteer one or two hours a week to answer telephones and follow up on consumer complaints. The work enables students to learn the craft of Prof. Chen and1he Human Rights staff lawyering by developing practical skills' to supplement casebook learning. • The Human Rights Law Review will Rights office. It contains articles by The Center's caseload is at a high point soon post tbe requirements for its annual - puty Attorney General Benjamin· R. Ci · this year. Localtelevision·stations are re- writing competition this month. Students letti on prosecution and defense, John ferring many of their consumer complaints interested in entering should watch the Ebiasah on the new Africa, and Martin G to .the center. The center. handles a wide bull_etin boardl> for further information. !in and Philip Newman on the legal aspe ra11ge of problems; it is therefore possible Human Rights is the official publica- of human artificial insemination. Tw, for students to choose the types of prob- . tion of the American Bar Association's sec- NYLS students are also included amon: lerns they prefer to· work on; Many of the tion on Individual Rights and Responsibili- - the Summer issue ~ontributors: Joan A consumer complaints involve- matters · ties: Its student staff is selected through _- tei-· contributed an article on juvenile o: worth several thousand dollars. the writing competition. Human "Rights fenders and this reporter wrote on the Work at the center is -rewarding. Stu- also considers articles of relevance and in- search and seizure of motorists. Any dents, as third parties to, disputes: are of- terest on a significant legal or social issue one who would like to know more abo ten able to bring about rapid resolution of · that .are suqmitted to it for publication by Human Rights may inquire of Professo Luilg-chu ·chen, Edifor, and Vincent consumer complaints. The Center needs· · students; professors and other writers. more students able to work an.hour or two. Copies o,f the Sum~er issue are now fieri, Student Managing Editor. every week. Studepts wishing to volunteer · available in the library and in the Human by Celia Bl should leave their names "and class· schedS· T7.• • ules at the Consumer Center office on _the , I, • third floor of 47 Worth Street. All students are encouraged to stop by· cial Aid Bulletin Boards for announ hi.'IJu~mas LyncL th.e Fin.,ancial_Aid Qffice ~ ;h q1:1estio~~ and ments. Locations: 1) ~fain_. Board at 4' · for advice about New York Law.School Fi- · Worth -St. outside .Room 104, 2) Seco nancial Aid programs, ·student budgets and Board in.Lobby of 57 Worth St.' just insid, outside sources of aid. We have corilpilecl a the front doors. Tentatively, Financial M file of outside sources of grant and loan aid Office Hours are as follows: Mon~9:3<F-6:30, Tue. 9:30-6:30, Wed. 9:30-5:00, Thur. 9: available in Room 106. 5:00. Fri. 9:30-5:00. Please feel free to Stud~nts should check the two Finan- or stop by to make an appointment.

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Judith Waldman

Judith A. Waldman, '79, fonner Alum.ni Edit9r of EQUITAS, has been appointed Assistant District Attorney for · Richmond County. · ··

Women's Coordina'tor ,,

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Carol Schlein, '80, has been selected as this year's Women's Coordinator - for the Second Circuit of the Law Student Diyision of the AB.A. Ms: S.::hlein, who is a1s<? the.head of the Legal Association for Women (LAW), was chosen because of her active support of women's legal issues. As the new Women's Coordinator, Ms. Schlein stress~d the need for NYLS students to join the ABA student division. She noted that ABA grants are a\lailable for student activities if the student enrollmeJ1t iri the ABA is .over 30%. At present NYLS has ,less than lhe.~r.centag~ neeife.<J:.

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September 1979

ltihrary Stiffens _S ecurity

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by James Gelb Returning students this semester may have been startled by the polite request of library staff for students · to show their I.D.s . .(\!though requiring presentation of I.D.s has been ~brary policy for some time, it is only since the beginning of this semester that the rule has been c:onsistently enforced. The hope is to reduce the number of books which disappear for good, or more frequently, ai:e removect for an inordinate amount of time. "Removal of books is.-always a problem, and is not µnique to- NY LS," Professor Simak recently, said in n1s ninth floor oftk-e. Professor S1mak called suc:h c:onduct by students "unconscionably, grossly unfair" to everyone who uses the library. Simak strongly questions the morals of a person who could vandalize, steal, or purposely misplace books which so many need. Beside:, the moral affront to fellow students, Simak pointed out the illegality of such behavior. "Students should remember that it is a crime," and should Qley be

caught, "their professional careers are at stake." In the past, students apprehended vandalizing books have -been quietly but_ effec:tively dealt with. Book Checkout

The· new library facilities in 53 Worth . Street have been designed to allow only one point of ~ntry. This will allow a.check point to be set up, staffed by library personnel. Students may be required to submit to searches of their book bags. Professor Simak admits that he would like to have a similar set-up on the eighth and ninth floors of the present library, but that is impossible due to the many points of access to those floors. Professor Simak also promises a stronger response to those. who cneck books out, but fail to return them on time .. Any student with bQoks outstanding at the end of the semester will not receive his or her · grade:, until the book is either returned or paid for. Therefore, it is urged that when you do return books, you are sure that the library's receipt is found

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CONFIDBNT?TOU BET! The feedback we have had from students who took our course for the first Multistate/New York Bar Exam has been so positive and enthusiastic that we knew we are goi~g w have even more 'successful programs for our 1980 cpurses. Joe Marino, Mike Josephson and a group of hand-picked lecturers are ready to give you the best preparation available tor the New York Bar Exam - the most inten;iye and valuable practice on the integrated New York essays and the most insightful and helpful J appro~ch to the Multistate objective questions.

'if you can decide to join us before November 1, you san save a substantial amount of money and get a whole bunch of special benefits. If you enroll early you wi.11: Save $110 on the course price.

NY~S Re~educates A,ttor-neys by James Gelb

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This fall NYLS will cossponsor with Improvement & Interpersonal Skills Dethe American Manage!Ilent Association five · continuing leg-al education programs aimed at helping the practitioner of law. Three of these programs will deal with the efficient running of a law office and practice, and two programs, hosted by NYLS professors, will d~al with substantive areas

of the law. On October 19, Professor Meyer Scheps and six notecfreal estate attorneys will discuss, ·among other topics, mortgage foreclosure; enforcement of mon~y judgments ag-ainst real property; actions to bar claims; summary proceedings; landlord and tenant; and mechanics' liens. Professors Norman Sheresky and Henry Foster of NYLS will be seminar leaders for the program entitled "How to Try a Matrimonial Case", which will take place October 26. This course will look at the practical skills needed to successfully handle a matrimonial trial. Topics include choosing a court, use of discovery proceed- · ings, preparing the client and witnesses as weltas preparation and presentation of evidence. The discussion·will examine meetings with the judge, the jury, direct •and cross-examinations and problems with proof. The three additional programs slat_e d for this fiill are "Time Management for Busy

velopment for Legal Secretaries" (October 25-26), and finally, "Profitable Law Office Management", on November 2, 1979: Th_ese programs are designed to aid in the managing _of a law practice for "greater efficiency and profits" and should be very helpful to attoneys who need to make the most of their energies. All the programswill provide continuing legal education credits. Those interested Im registering for these cont_inuing legal education programs should.· contact John Gregory at . AMA Headquarters, NYC (212) 586-8100, or call NYLS at 966-3500 ext. 859.

Faculty Variety (continued from page one) tinguished- grades in- his Property and . Landlord-Tenant courses. Since September, 1977, he has been associated with the law firm of Wolf, Block, Schorr and Solis-Cohen in Philadelphia.- There, he works in the Real Estate Department, and deals v.;th mortgage financing, sales, shopping center development and management, and tax free loans. Professor Korngold has represented financial institutions, developers, commercial enterprises and brokers. He instructs Property l and advanced Real Estate Practice this semester.

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EQUffAS

Page4

ASA News

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September 197!

Ba; Ass0ciation,Donates C6/lection

Le·€ia~ li~ l:d'~:oatio:r:i 1Mar.a,l$:?Wherre: rin,··Law s·chool?

by Joyce Meisner Professor Simak. Ultimately, if the fund New York Law School will soon re- become available, these records and briefi ceive a rare collection of books on perma- will be reproduced in micro-film. nent loan from the Association of the Bar of A gain in stature the City of New York. The books, which The new library at 53 Worth Street are of great historic-al value, are bound . will certainly gain in stature as well as size Chicago: In 1974, in the wake of the ethics. The first is that childhood i§ the only fom1 and ha:<lcover volumes of early Rec- for the Law__School_has also ~greed to serve Watergate scandal, the American Bar As- stage at which value learning is effective- / -ords and Bnefs of the New York Court of . as a_ defos1tory l~brary f~r Government sociation mandated proJessional responsi- Jaw school is too late. A second is that Jaw Appeals from 1852-1930. In the near future ~ubh~at10ns. The increase m the schools's bility instruction for all law students. school it too early: it is the prac~ice context the library will also receive early volumes resources of this type for scholarly reWhile this rule did rtot ascribe a new role whichdetermineswhetherpeoplewillobey of Records and Briefs for the Federal searchwasheipedalongbypassageof-Pubfor legal education, it has focused attention . ethical norms. In the third view, Jaw school Court of Appeals and the U.S. Supreme lie Law 95-261 on April 17, 1978, which on Jaw school's ability to shape professional could provide 1this education; ethical judg- · Court. amended Title 44 of the U.S. Code. Before . moral character. ment is seen as a function of individual life This collection is unique fo~· there are the new Jaw was passed, only three deposIn his article, "Law School Instruction . <;ycle growth. However, successful profes- few comparable collections of this material- itory libraries per congressipnal district in Professional Responsibility: A Curricu- sional responsibility training requires a within the State and, as Professor Simak were allowed. The new Jaw now permits Jar Paradox," soon to be published in 1979 substantial_ -departur~ from the usual pointed out, New York Law School is now .nationally accredited law schools to serve American Bar Foundation Research- _methods of classroom· instruction. Pipkin among a handful of institutions that have as depositories. NYLS did not take advanJ Cillrnal (no.1), Ronald M. Pipkin of the feels that an effective educational program . · records of the- Court of Appeals going_back tage of the new iaw sooner because of the University of. Massachusetts-Amherst, ~n etl)ical judgment would ~ difficult to to the middle of the 1850's. · lack of physical facilities . and V_isiting Scholar at the American Bar 1m~lement_ becaus_e_of v~sted mt~i:ests asThese volumes will be available in the Law library depositories are not rel<'oundation, reveals that altb·,gh profes- · sociated ~ th traditional mstruction. new library .sometime before the end of quired to receive all publications made sional responsibility training is now re- _ D . Da~a clear . . October. Their use is restricted to mem- available. The Law School will be very sequired in legal education, such courses are ' th t ata fromodhis surv.ef . Y cle~ly rnd1 caf~ hers of the Association of the Bar of the . lective about what they accept, materials . . 1ow esteem by Iaw student s. A . a current m c·1ty of New y ork , N YL S students and of wh"1ch will . mclude . h k d estoo . mstruct1on d" h . are r ailagency reports and he Id m 11 . mg; w en as e m 1cate t err ,e ow th hbt • • · · · f 1 · 1 · · Is an d reoorts. survey of 1,370 law st udent s a_t seven d1t d t ,d f ·th . f o ers w o o am spec1a1 perm1ss10n rom eg:is ative matena verse law schools disclosed that most stu- s u en _s egre~ 0 concern W1 issues O ,...... ' ; 1 dents are socialized into regarding profes- profe~sIOnal ethics, 42% of all ,students re, -; ~ , , . . . . sponding and 54% of those currently enrolled l ~ s10nal ethics as penpheral to the1r legal in professional responsibility cour .t .. , ed_ucations. The neglect of this s~b~ect is beli~ d that other students were ..~~: ' ·l remforced by the strong emphasis m law very" or "not at all" concerned, whereas school on doctrinal education. Courses on 94% charac_terized the~ fello,v students as professional responsibility are distin- "concerned about making money." If the guished from core courses by their under- legal profession's concern about ethics is developed legal-doctrine, non-traditional seriou~, the author believes it must be recteaching materials (e.g., historical and so- ognized that instruction in professional recial science) and a diffused regard for sponsibility "cannotz simply be another topic personal moral values, which has the con- in the course array.", sequence that they are routinely dismissed Pipkin's study -does not attempt to as less important learning. provide a panacea for the ,ethical instruc- ) The author asserts that these courses tion- iii law schools. ~tf attempti to focus • also suffer devaluation because of the prev- attention on the unexamined influence~ alence of ambivalent attitudes concerning the dominant law school curriculum, and the purpose of the instruction, and discus- opens the door to further inquiry into ses three views of socialization which have socializatio'1 in law school and the ethical particular implications for courses on legal education of law students. 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Court's -Public Disregara· & Cohabitatibn,-May Co$t by Theodore Hecht vides uriusual insight into the recent exBy What Right? Louis Lusky (The pansion of the doctrine of judicial review. Michie Company, Charlottesville, Va. The Court, according to Lusky, has 446pages.) gone beyond the traditional scope of judiIn the 175 years since Chief Justice cial review and has assumed a new basis to John Marshall authored the decision in . render decisions, ' i.e., ''implied judicial Marbury v. MadisCirl, professorial ob- power." This concept differs from the servers of the . U nitea States Supreme · doctrine of judicial review in that it holds Court have criticized•the extent to which that not all legitimate constitutional rules the Court has utilized its self-created are rooted in the text of the Constitution. power of judicial review. Yet among the Therefore, the Court's function goes popular electorate, the power of the Court beyond 'mere interpretation of. the Conto veto the acts of the rest of government stitution, but includes the power to initiate· has largely. remained. unquestioned and changes in the law and even require crea·very few Americans today would deny the tion of administrative struc.tures to impleCourt's right to be the ultimate authority ment such changes. As the Court refines to say what the law is. Yet, Louis Lusky in its use of implied judicial power, it ultihis book By What Ri,ght? attempts to de- mately succeeds in amending the Constitumonstrate that this popular acquiescence tion by fiat. For example, Lusky astutely to the Court's oligarchic authority will not observes that every time the Court holds endure unless the Supreme Court sharply that its ruling is· to be given prospective curtails its use of judicial review. If the application, it is in effect telling the AmeriCourt issues many more quasi-legislative can people that it has just amended the decisions on abortion, privacy, expression, Constitution. or race, the American people will start askThe basic thesis of By What Ri,ght? is ing the question, "By what right do the one that should not only be debated in law Justices on the Court continually amend,, school classrooms, but one that should be the Constitution . to conform to their thrown into the political arena as well. Unpersonal view of what national policy fortunately, due to the long-winded nature should be?" Professor Lusky believes that of the book, most readers may respond there presently exists a mounting .dis- with a "But '\-Yho Cares?'' satisfaction with the Court's use of its judicial powers and this dissatisfaction will by Gary Reiner eventually translate into massive disobediOH PROMISE ME BUT PUT IT IN ence of Court ruling. While By What WRITING Paul P. Ashley. 140 pages. . Ri,ght? ultimately fails to convince the There's an old cliche, "you 'can'tjudge reader of this apocalyptic future, it pro- a book by its cover." This old chestnut

quickly came to mind while reading this These flaws are typical of many legal work. The whimsical cartoon caricatures of · writers, and Ashley cannot be severely various living-together arrangements call . criticized for being what his trairung to min~ another book, The Li.on's Share by dictates that he be. On tbe whole, the book J. Alan Orenstein, which was some of the is a worthwhile primer, which should be ·lightest and most enjoyable legal prose consulted by any person considering life that this writer has read. But there the together with another person. similarity ends. Now don't get me wrong, I like this · book. Mr. Ashley, a Seattle attorney, set out to write a layman's handbook of contract law as it concerns cohabitation. He Can~Give You does this successfully. Oh Promise Me' is The Edge not a humorless book. It just,does not rely In A Tough on humor for its strength. ~ Job Market. The premise of this book is simple: all the "I love you's" that one hears in courtship do not mean a thing when it comes down to ·dividing up the property after a The search for a professional job separation. Any cohabitation situation requires professional tools. must be approached, to the extent possiWe can put the information ble, with a clear, businesslike mind. He you need on a single page proposes different contracts for different. milieus; with_out, before, during, and after with a selectiol) of rype faces mary-iage. He is clear and concise. for style and emphasis. Of course,· like any legal author, he From $40 for 100 copies. encounters those stumbling blocks which naturally derive from the highly technical and intricate field of law. There is a tendency to be too professional in style; that is, to allow the techniques pf lawy~ng to come through too strongly in his writing. For example, Ashley tends to cite many cases. These cites do not really assist the layman 132 Nassau Street, Near City Hall and should be eliminated completely, or at ,964-7185 least relegated to the footnotes.

TYPESET RESUMES

COLL~-

Sept1111ber 1979

Pages

EQUrrAS

NYLS-Bologna ProgralllEnjoys SecondSuccess l ·;

by Dennis T. Gagnon . For thirty young and talented law students, July 1979 proved to be an enriching and thought-provoking chapter in their law school careers. This .disparate group, which consisted primarily of NYLS students, but also represented law schools from Illinois, Arkansas, New Hampshire, and upstate· New York, participated in the second New York Lav. School - University of Bologna Center for Legal Studies summer program in Bologna , Italy. Courses were offered on the European Economic Community, Comparative Antitrust Law, Comparative Labor Law, and th~ Philosophy of Law and Federalism. All of the classes were conducted by outstanding Italian professors of the University of Bolo"gna Faculty of Law, · including Giorgio Bernini, Marco.Biagi, Franco Carinci, Paolo Mengozzi, and Federico Mancini. It was a unique and rewarding experience just to meet these men and observe how law is taught in Europe. · While most students in the program found their own way to Bologna (som~ came from Paris, southern France and Germany), several students started their trip with a three-day visit to Rome. As he did .for last year's group, As&stant Dean Anthony Scanlon actea as the official tour guide par excellence. The antique grandeur of Rome, and .· its impressive monuments to civilization acted as a preparation for three weeks of study at the University of Bologna, the oldest established law school in the western world. On July 8th, the entire ·group met at the Collegio Universitario San Tomasso D'Aquino, where most of the students resided during their stay in Bologna. Professors Mengozzi, Mancini, and Biaggi welcomed the American students on behalf of the program's entire faculty. Those students who stayed at the Collegio enjoyed the warm hospitality of Father Alfons D'Amato, the director, and the Italian students. Stories told by students · from the program's first year of Father D' Amato's friendliness were amply confirmed. The food, too, was even better than expected.,. O!_1e could judge how good the food was by the number of people- who swore they would go on diets whenthey returned home. ThestayattneCollegio; tj,t~nks -

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to Father and his staff, made the studying and visit to legal commi.mity'in Italy on a more informal basis. Bologna that much more pleasant. The NYLS -:- University of Bologna summer progThe classes themselves dealt primarily with the vari- ram \v;µ; inaugurated in 1978 after years of cpoperative ous fields of international and comparative law as found in planning. The program became a reality through the efEurope. The prQfessors' presentations offered unique forts of Dean E :-- Dop.ald Shapiro, and Professor Giorgio views of the European legal mind. They were also ex- ·Bernini, and also through the generosity of Mr. Joseph tremely interested in hearing and exchanging ideas about Solomon, N1:'."LS class of_1927. One of the principal reasons the American legal system with their students. They were for this program is the belief that "although once it may. particularly impressed by the quality of class participation· have.been sufficient for those studying law to understand by the American students and their excellent classroom the foundations of only their own systems of law, this attendance, which they described as unusual in insularity, with a cursory knowledge of foreign legal Italian schools. The 'Italian professors voiced their ap- · systems, isnolongerapropermethQdoftraininglawyers." precil,ltion for the degree of respect accorded to them by Plans for next year have not yet been completed. the group. EQUITAS urges the continuation of this worthwhile and -Students and professors also exchanged views at sev~ highly , prestigious program: .•Any . interested· student . eral social events sponsored by the program and social . should keep their eyes open for informa~ion about the . gatherings given by individual professors. At these func- summer 1980 program. This year's program was an extions the group took the opportunity to learn about the perierice its participants will neverfor~et. .

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10% off ~ith NYLS ID cill'd (5:00 JJ.M '{ill _closinB)

See_tember 19'

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To the Editor:

Winner-1979 First Place - 1978 Medalist Awards Columbia Scholastic Press Association

CHRISGOBAN Production Editor KENT TERCHUNIAN Business Manager JANE DILLOF Alumni Correspc;mdent

DENNIS T. GAGNON Editor~in-chief SCOTT BATIERMAN Senior Editor JEROME LEE Feature Editor MICHAEL CONEYS Copy Editor

JAMES GELB News Editor GERALD GROW Adv~rtising Mar:,ager ROBERT MCQUEEN Copy Editor

I just wanted to let you and the rest of the EQUJTAS team.know how pleased and p1·oud I- am of the superb job you all did in putting out your first "solo" issue. . It is a longstanding EQUI_TAS tradition that each new board of et;litors publishes a better newspaper than previous editorial boards. Your Summer issue shows that you are going to keep up that tradition of excellence. All the best, · Jonah Triebwasser Class of 1979 To:.The NYLS Community · In a memorandum, Acting Dean

student. The Administration's failure to into the students of its new final examinaf policy during the registration_period, having failed to do so ,' its uncompromisi position that ft is now taking in not allo\.\-i the schedule to _be adjusted (as the sch ule has been adjus.tecl in the past) demo strates its lack of concern for the studen welfare. The Administration owes the NY community an explanation. ·

To the Editor:

Bruce infoi·med the studeiits that the t-J' ew York Law _School"people ought posted "Final _Examination Schedule" is pe aware that they riow have the Staff: Anthony Belkowski,•Cecilia Blau, Jo Anne Celusak, Laurie .K. Chisolm, Mark final and therefore students who have ex- dean, best faculty, and best student Conrad, Ronny Green, Bob Hicks, WillJam Hirsch, Bill Holrn, Matt Kaufman, Joyce · Meisner, Peggy Rawitt, Robert F. Salvia, Carol Schlein, Frank Sheehan. aminations that conflict (i.e., courses wh- in the history of the school. What was pro Photographers: Ira Abel, Ellen...Badler, Ma[kl::lofer. ose examinations are scheduled for the ably the best law school in the nation ear1 same day and time) must change their in this ·century now again is a great instit course schedule to eliminate the examina- ' tron, after suffering severe decline _in t -tion conflict by dropping one of the -in- thirties-and forties.and fifties. volved courses. No option is being given to As a work-my-way graduate of NY EQUITAS is printed monthly during the school year by and for the students, faculty and alumni of New York Law School. Signed articles represent the views of the authors. Unsigned articles represent the views oi the editorial board. Although the students or faculty to allow students during the penniless thirties depressio . EQUITAS strives to have a policy of responsible advertising we do not vouch for the accuracy of our advertisements.· Letters and other correspondence should be addressed to: The Editor EQUITAS , 57 Worth Street, New York, N.Y. 10013. who have a conflict to retain both courses and as first ·a st~ff member and then a fl Telephone: (212) 966-3500, ext. 747 or 846. EQUITAS reserves the right to edit letters to the editor for space requirements. and be sequestered to take two examina- culty qiember in the painful re-opening Entire contents@ 1979 by EQUITAS . All rights of republication reserved. For reprint permission, write to the editor at the above address. tions in succession. · . terWWII and the re-founding of the ne . The followi.ng facts demonstrate the few years, I speak from long and grue"' Administration's lack of concern for the experience.. students' welfare. The ·best thing that happened to t (1) The Administration had -what I school since then was and is the deanship consider to be an affirmative duty to in- E. Donald .$hapiro. H~ is a builder and fonn the students during the registration doer - which .the school desperate!; , ' . · EQU!TAS wants to make a short comment about one of the more worthwhile· .period of its new policy on final examina- needed. The faculty that he added vast! prograrns at NYLS, namely the New York Law Schoel/ University of Bologna tions. The s:tudents were never informed of · expanded - the hardworking oldtime · Centertor Legai Studeis•summer program. Having completed its second year in the Administration's intention of inflexibil- group in numbers and variety of resource · July; th is program has certainly proven its merit and importance. ·Beca:use the ity and therefore many students did not and talents. pian _their schedules with the Administr~- . ·--,. "Unaffiliated'' law schools usu progrnm is in its infancy sev~r~I organizati9nal. problems still.n~ed tpbe.resolyed'. • -tion's new policy in mind. ___ -- ---.- ____,-- must tend to be a, bit-al!tocratic, beca· - -- -- -_ ..,._ ·-.· ·•~ ... ., ~~ ~ r· . 1": -- - - - ... ...,.. NYLS appreciates the ·active interest a,:id ·generosity which ·ly'lr. Joseph (2)..:A~'!!Fentative °F'inal- Examination -government by committee always seems · .Solomon, class of 1927, has shown for thi.s program. Mr. Solomon provid~ rn9 oy. - Sch~dule" was posted a.few days after the talk a lot.and accomplish little. They ha . full and·part scholarships to sfudents, some of'W~OIJl)'.VOLlid -not-have·been able to registration materials were distributed. no resources bijt the law sch96l's. Facul participate without such_assistance. It is'this type of aluroni support that provides Cqp1es.of the tentative schedule were not participation in goyernance of the school th~ packbone-ufN'(LS. . included in the individual registration desirable, of course; but cannot replace packets. To the best of lllY knowJedge, the mini~tration by able administrators. Ul . tentative schedu1e .was posted after some _mately, university affiliation (governan · students had submitted thei_r registration works best. . So, I wish good success · to all forms. By simple implication the he~ding This semester NYLS has taken a giant step forward in its continuing effort to "Tentative" implied that this schedule was NYLS, and urge all to work together become one of the major urban law centers in the United States today. 53,Worth, not final and was merely_for the student's ably for the continued, re-uplifting of newly renovated, has arrived!!! · ·· · convenience. school. {3) A statement of the- AdministraLet us tiope that this physical facelift will be a harbinger of even greater · things to come for us. If NYLS needed anything to improve its availability· to the , tion's new policy· was not included .in the "Fall 1979 Confirmation" of courses mailed legal coni!Tlunity it needed a whole and unified physical complex. 53 is cle?rly the to the students during the summer. beginning. Jhe space allotted to the clinical offices is evidence of th~ law si:hool's (4) A statement of the Administra- Editar'-s note: Mr. Olec[c is presently P commitment to the community. ,..., tion's new policy was not made ·known 'to fesso-r ofLaw at Stetson University-Con ·The entir~ NYLS community can be proud of the finiShed product. Special the students or the faculty until four days ofla.w. · :_thanks -are extended ·to Dean E.,. Donald Shapiro· f9r his• untiring efforts in this after classes began. Acting Dean ,Bruce's project. A great debt is also owed to Mr.. Phill(p King, withoutwhom the project memorandum notifying the students of the To the Editor: could never have been completed in time for the,fall semester. Mr. King .is 53 Administration's new policy was1he result Since EQUITAS saw fit to publish · . Worth's unsung hero. . of rny inquiry ·- and not of his own Marc Mogil's article "Will American -S Everyone atNYLS. hopes. that all the alumni and friends will come and visit initiative. vive? An Opinion"* and welcomed c• our new home. In view oftbe above facts, the Admin- ments, I offer mine gratis and unco istration's inflexible position is outrageous.- . righted. " (The Administration is making an excepI've never ·r ead such· pseudo-inteU ' tion for students_graduating .in January, . tual, .cliched, patronizing, and reactio 1980.) . garbage since I wrote my jurisprude The above editorials present a rosy picture of,NYLS. However, -there exist · Furthermore, consider the possibil- . final exam. I suggest that Mi:- Mogirhas a bri ~ome serious communication problems between the Administration ano the 'ities that: (1) students who have to-drop courses now might not be able to enroll in future ln P.Q.lities turning out press rele. · students, namely the never ending conflict over the examination schedule. After spring registration had begun, a tentative exam schedule was posted these courses next semester (where next __ for the public relations team that tries with no notice to students that tt,iey could not register for courses whose exams' semester will be their final semester-) ·be- persuade us that those who govern conflicted. In the fall, students: with conflicting exahls were informed that they- . cause the courses are !!ot---offered or the actually capable of getting us (America) o must reregister for non-conflicting courses. This resulted in several students course which wa:s-dropped this semester of the mess we're in. If you believe this·pap, wefose all ho corifli~ts. with another course they had ·~aving to pay the course change fee. . -planned or are required to take next semes- of survival. · The crux of the matter is-that students at the time were not informed tJ'lat they ter; (2) a student could have six examinaSincerel: should only schedule classes. which did not have conflicting exam. schedules. tions scheduled in two consecutive days Martin Brandfol _This proble·m was inexcusable. Dean Bruce · has asked for suggestiqns .and without coriflicts (examinations ~ sched· Class of19: assistance fr9_ m students to solve this problem. EQUITAS urges all students to uled for 9 a.m., 1 p.m. and 6 p.m.), thus · present possible alternatives directly to Dean Bruce. . creating a~ intolerable burden on that * (EQUITAS), Summer 1979

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tember1979

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EQUrrAS

53 Worth: Grand Opening! ;~r

By James Gelb After months'of ·anticipation and frustrating delays, the renovation of 53 Worth Street has been completed. According to Dean Beam, t_h e entire cost, including acquisition of the building, renovation, and p_u rchase of n_ew furniture was a relatively inexpensive $850,000. This is money well spent beca_ u se it seems everyone isplesed with the beauty and comfort ·of the new facility. However,-the professor, clinics, student groups, library and placement office, all anxious to move to their new quarters, before too much of the to wait until at least the end of September when all semester moves inexorably on will have 0 phones and other n_ e cessary equipment shall b~ installed. The library is waiting for the delivery of_new shelving, first promised for August 20th, but now expected any day. Once the shelving arrives and is installed, there ·remains the difficult logi_stical problem of moving the thousands of volumes from the ninth floor of 57 to the first and second floors of 53' Worth Street. As an aid to students and facµlty, EQUrrAS has prepared an up-to-date listing of offices in the new building. Basement: Access through 47 basement B1 Clinic Interview Room . B2 Observation Room (equipped with a one way mirror to 81). B3 . Clinic Library · · B4 Prof. Blitman · B5 EQUITAS Office B6 Seminar Room B7 Public Telephones B8 Thru B 1o· Will be clinic offices. B11 . Clinic Secretary (Pam Goldbe~g).

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Kheel on.-Labor ·Relations

Life . at the White House

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September 1979

EQUffAS

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by Jason Worth People in the White House summer internship program are technically known as ·"observers" within the Executive Office of the President. Of all our Presidents, only George Washington did not live in the official residence at 1600 Pennsylvania Avenue. Although few people may call the roomy mansion home, several hundred others work around the clock at specialized tasks in the cramped quarters which surround the Oval Office. Many of these men and women are career Civil Service employees of the Executive Branch. For these individuals there are no Republicans or Democrats; t,h ere.is simply service to The President. Within the network of sub-offices which compose the White House, I worked in the Appointments Office on the pr~paration of the President's daily schedule. A staff of 17 people and.a data processing tracking system plaJ) and manage Mr. Carter's time with devastating precision. Following the President's wake-up call at 5:30 AM, the day's events procede at a quick pace with some appointments lasting only 2 minutes! Evenlunch with the First Lady is planned. Certainly, the most thankless job in Washington is c the Apointments Secretary, who opens the door to the Oval Office and announces, "I'm sorry Mr~ President, the time for this appointment has elapsed." Computer programmers plot-the whereabouts of nearly 100 people whose schedules are coordinated with the President's, i.e., Mrs. Carter, the Cabinet, the White House senior staff, etc. This data is ~ updated weekly in five diff~rent formats and distributed throughout the staff, since some a >., ;,.t :. · commitments are made over a year.in advance. Association Officers and Abe Beame at Kheel honor~rium Aside from the prospective concerns ofmy office, two diarists log an in-deptJ:i account _ of everything the President does each day into another data .bank with video display Theodore ·Kheel, noted_labor mediator and arbitrator, will speak at the Labor Law retrieval. It is the)'! instantaneously possible to determine if a certain person has ever met Association's first program on Sept. 26 at 4:30 p.m. in room B508. Mr. Kheel's involvewith or spoken to the President, if so, for how long and cbncerning what matter. The · ment in New York City labor relations in both the public and private sectors, is well known. diarists, wh·o are supervised by the Archivist of the United States, were called to testify during the Watergate inquiry. Among other items, their official records note every In addition to his work as a labor arbitrator, Mr. Kheel has settled coµntless labor telephone call the President makes (even if the line is busy), every room he walks into or disputes during his career, including last year's newspaper strike. He also bears impres- · · out ofand every time his bedside lamp is switched on in the middle of the night! sive academic credentials, having authored a to-volume treatise on labor law. His-speech The volume of mail arriving each day at the White House-fills several trucks. After an at NYLS should provide a refreshing mix of the tlieory and practice oflabor relations. All students, faculty, alumni and administration,_particularly those interested in initial screening through a bomb ~etector, our office would recei_ve several hundred · letters requesting appointments or inviting the President to a :particular event.· It as- .· - .la.bg!: law, are welcome to attend the address and the wine-and-cheese hour to be ljeld after the speech_ .__ -· . · tounded me how many birthday parties people believed warranted a presidential visit and how many hundreds of average Americans have devised secret solutions to inflation, Mr. Kheel's speech is only>the first of many programs that the Labor Law Association will sponsor this year. It plans a program--0n. th~ J.P. Stevens controversy this unemployment and the energy crisis which they will only_communicate in person, directly to Jimmy ~arter. October, with union and management representati~es-presenting-each.position. A symStill, every single letter is read and answered, because there is always one individual posium on public sector labor relations is also in the works, The Association welcomes new members and i~eas. It hopes to work with the faculty who has nowhere else to turn. A Florida man, who had emigrated. from Greece as a child, had.tried unsuccessfully for 15 years to Iocate a record of his passage to the U.S. He was and administration in ~ g NYLS ''the" national labor law school. It is the newest being denied admission to college, because he was not a citizen, nor could ~e apply for studentorganizationandneedsyourhelp. PleasedropanoteintheAssociations'smailbox citizenship ~thout this document from the Bureau of Immigration. The Bureau_is in 57 Worth if you are intere$ted, or stop by on Sept 26. _a_dmini.ster~d by the Department ofJustice, and the Attorney General loca~d vel'ification · within an hour that the man's mother had entered America carrying an infant·in her arms. Communications networks or systems of informati~ri transfer -(~ term of military 1 origin) are critically important at the White House, which has its own internal television station. Twic_e a ~day video compilations of the net~ork news shows are aired. This is- supplemented by a printed news summary and the State Department's translations of 0 news articles and broadcasts from every country on earth. 0 The Commander in Chiefs telecommunications systems are maintained by the U.S. jlrmy Signal Corps. When Mr. Carter travels outide Washington ~r flies aboard Air Force One or Marine One (tche helicopter), communication satellites are re-positioned over .his ground location, so that his conversations may be beamed back to the -White Hpuse over ~ncoded microwaves, where they are retransmitted over ground telephone lines. The phones •in·the White_House ring, clang, buzz or just flash (in .various colors), depending on who is calling. And they never stop. I had dreams about the telephones. Everyone has a 50 button call director and it is a major accomplishment to learn to use your "board" adeptly. There are all types of special lines; some require no diali)lg. You could.call Japan or Austria by merely picking up the receiver. Telephone manners were very important and I'll never forget the day that Joan Baez, Rev. Jesse jackson and Louis Nizer all called at once. Of course, like any good law student you know who I didn't put on hold! . · .

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by Jerome Lee across is the llmbience of a law class. And / On August 11-and 12, a special fresh- hopefully I introduced the basic thought by Carol Schlein Welcome and welcome back! LAW, the legal Association for Women (formerly the man orientation program was conducted processes they wj}l find in first year · Women's Caucus), has been busy planning events and services for the coming year. The ' by the organized Black American Law Stu- classes." Toni Jones, second year student at purpose ?f LAW _is t o :provide support fm,.womeri' law students, encourage discussion of dents Associations of New York area law legal topics affect mg women and to respond to the needs_of \-Vo men in the legal community. schools. Planned as a self-help effort by the Columbia and orientation coordinator, In order to deal wit~ these issues more effectively, our structure has been modified. A Metropolitan Coordinating Committee of cnaracterized -the second day's events as major change in LA W's policy has ~en to open t(p membership to include interested men. BALSA, this unique weekend was de- an attempt to calm the anxieties of incoming Our By-La\-vs, Conference, Budget and Program Committees-will be responsible for signed to analyze the legal profession from students. "We would like our students to the minority perspective. see the big picture and realize the need for specific projects and events. Organizers were , representatives of more black :md minority law graduates in ' LAW will coordi~ate a Metropolitan Conference on Wo~en and the Law. The Student Committee of the New York Women's Bar Association and the Law Student the BALSA chapters of Columbia, Ford- all fields," she explained. And indeed Committee oft.he ABA shall assist us in the planning. Plans areun9erway to sell T-shirts ham, Hofstra, N.Y.L.S., N.Y.U. and St. . speakers at Sunday's forum did introduce : to raise money to send repr_esentatives to the 11th-National Conference on Women and the John's University law schools. Participants anxious first year students to a myriad of ~aw. We are in the process of organizing a one-to-one counseli11g service for first year included incoming minority students -from professional career opportunities. Tne corstudents. Anyone who wishes to participate as a tutor or wishes to be tutored, should metropolitan area law schools as well as porate career path was outlined by Conrad leave a note at our office in Room 309 of 47 Worth or in om mailbox in the basement of 57 practicing attorneys from across the pro- •Harper, a partner with thefum of Simpson fessional spectrum. & Thatcher. A particularly informative Worth. . · . During the! first day each incoming speaker, Mr. Harper discussed the all imAt our first meeting oft be year, we presented two speakers, both recent graduates of student attended workshops designed to portant career timetable of the aspiring St. John's School of Law. Ms. Nancy Louden and Ms. Elizabeth.Moore spoke to the group about thei1: ·first year in the real wodd. We anticipate having many speakers during the call attention to the keys _of/aw school sue- associate. Edna West, New York City r~pre- ces·s. For example, Nat1ofial Moot Court upcoming months and hope you will attend. , ' finalist Richard sentative of Black Women Attorneys, disJasper conducted a semiDates of inj.erest: ' -.. . . nar entitled "Research & Writing: the Apcussed her experiencer,, as a law professor Tuesday, Sept. 18 Student Comittee of NY Women's Bar Association meets pellate Brief'. On the second day o.f the , while stressing the need for all minority at Cardozo 7 p. m. orientation, Jasper followed up Saturday's 'Yednesday, Sept 19 NY Women's Bar Assoc. meets at NYU at 7 p.m. performance with a technical review of the Signs will provide further information about above meetings. legal library. ' · - · •._I . George Madison, a third year Colum-_ _ bia student, and classmate Debbie Kingsland reviewed resume preparation, job hunting strategies and legal publications. This placement seminar was specifically by Susan Werther Cohen largely due to convincfng scieJ:ltific stu~ies designed -to provide help in the search for TRUTH AND DECEPTION-TI:IE which establish the validity and reliability th at firS t clerking position. Madison was POLYGRAPH (-"LIE-DETECTOR") of Polygraph testing. We are warned, how- able to provide a step-by-step guideline to TECHNIQUE by John E. Reid and Fred ever, that many factors can invalidate re- the job seilrch through the help of a pre- students to make a contribution to public E. Inbau, (the Williams and Wilkins Co., suits, and that, before a . court accepts pare<;! placement package and a review of interest law. International law was covered by Mr. 1977, $32.00) Polygraph evidence, it must be established interviewing techniques. Truth and Decepticm is a technically- that a•highly experienced tester adminis~ An afumnus of St. John's Law. School Victor Goode, of the National Conference of written bQok concerning Polygraph techni- · tered the exam, that the-evidence will be attracted a number of second year BALSA Black Lawyers. Mr. Go~de is the current que and the use of Polygraph-test results in available for cross-examination, and that members; by conducting an "Exam Semi-. director of the NCBL, which holds a nonlegal and other· proceedings. The Poly- non-relevant answers elicited by control nar" • "Synthesis, comprehensiveness and governmental observer's seat at the graph technique attempts to determine questions shall not oe revealed. The book planning are the key words for all law - United Nations. Mr. Goode reminded his truth and deception -by measuring indiea- points out that, even if, as a general policy, school exams," he .told his overflow audience of the NCBL's upcoming human· rights presentation to the U.N.'s Human tive variations in a subject's blood pre;;s- the !'.!OUrt refuses tQ accept Polygraph evi- audience·. - ~ sure, pulse rate, respiration rate, electro~ dence, the attorneys in a specific case may Celeste Glenn, a second year student Rights Commission. The report, released dennal response and muscular pressure stipulate to its use-subject to certain qual- at NYLS and a coprdinator of the orienta- in Dec. 1978; contains an array of informawhile undergoing a prescribed pattern of -ifications and conditions. ' tion program, taught a class ' in "Legal tion discussing the state of human rights in test-and-control questioning. Of the three Study Aids". She discussed the'effective the United States~ He continued by outlinsections of the book, test procedure, legal . Not only is this book important for . use of Casenotes,. Emanuel, and a host of · ing tlie 10 year history of the NCBL and its . impressive list of credits: the defense of the status of polygraph testing, and polygraph those interested in the practice of criminal treatises. research, the section on legal status is most law, but it should concern all ofus now that . The inf~ous Kirsey v. Kirsey case Attica Brothers, the Wilmington 10 and . relevant to us as it discusses the basic admis- the use of Polygraph testing has tran- was chosen by Ms. Nina Shaw for a mock Angela Davis to name a few. Mr. Goode sibility of Polygraph-examination results - scended the criminal setting, and is used _to contracts. class. -Ms. Shaw, a 1979 graduate concluded by exhorting incoming students in criminal and civil proceedings. Accord- resolve civil disputes, investigate thefts in of Columbia Law school, gave a rendition of to become more aware about- the human ing to the authors, · there is a growing private industry, and screen job applicants _ the Socratic method. "Although (I'm sure) . rights issues they. inescapably face. He made tendency for appellate courts to recognize for emplo~ent in s~nsitive· positions of I wasn't as demanding w, 'some practitio~- it ciear that an international perspe~tive is · Polygraph results as reliable evidence, trust or natronal security. ers can be, the main point I _wanted to get , imperative.

17rue er False? Tf?e ,Polygraph Test Revfsited

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NOTICE!!! To aU-our readers We have received inquiries concerning the availabili~ of copies of the sitmmer 1979 edition of EQUJTAS. For our-readers ipho have not received their copy of this issue, please let us know. There is a limited supply left! First come - first seroed!

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Foreign ~nvestment ~ymposium Draws P'rofessionals by Scott Batterman American Title Insurance Company, who New York Law School's International will·speak on the problems of investment in Law Society, in conjunction v.ith Oceana United States real estate and some or'the Publications, v.ill sponsor a two-day sym- remedies; and Arthur F. Adelson, presiposium at the school on Monday and Tues- dent of Eurostate Properties Consultants, day, October 8 and 9. The symposium, en-. Ltd,_, who wjll discuss foreign investment titled "Foreign Investment in the United packages in American farm property. Mr. States,'' will bring together some ·of the Friedman will also act as moderator. The discussions on October 9 will releading scholars and practitioners in this important and rapidly-growing area. volve around the tax consequences of forThe symposium will be divided into eign investment in the United States. The four panels, one each morning and after- morning panel will be: "United States T~ noon during the program . . In addition, LawAspec_ts of Foreign Investment in the there are plans to schedul~ two luncheon United States." Appearing on that panel speakers.will be: Harvey P. Dale, Professor at New The first panelwill be entitled: "How· York University Law School; William L. to Advise Your Foreign Client." Partici- Bricker, a member of the firm of Curtis, pating in the panel, which will begin !1t 9:30 Mallet, Prevost. & Mosle, who will discuss . a.m. will be: Ernst Stifel, cqunsel to · the acquisition.of U.S. busiresses by for- . Coudert Brothers, who will speak on3-dvis- eign persons; and Alan Granwell of Ca.ding the European client; Charles R. Ste- · walader, Wickersham & Taft, who will vens, partner in charge of Coudert Bro-. ~peak on the tax consequences ofportfolio thers' East Asian operations, and a lee- ·investments. turer in Japanese l~w at Harvard Law School, who will speak on ad\_'ising the · Japanese client; and Zuhayr ·Moghrabi, · · Adjunct Professor of Law at NYLS, 'who · will discuss advising the Middle Eastern client. The panel will be moderated by NYLS Professor Peter W. Schroth.' ' The afternooon panel will _be on·foreign i.n vestment in United States real estate. At this time, only two of the ·panelists are . known: Joseph N. Friedman, . vice-president and senior regional counsel of First

The final panel ·will analyze international ta..xation. The moderator, Walter H. Diamond, and paf!elist Dorothy Diamond, of Hauser, O'Connor & Hyland, C. P.A. 's, will discuss United States foreign trade zones. John E. Bishel, Professor of Law at Syracuse Law School, will explain the intricacies of taking advantage of tax treaties to increase your profits. Roy A. Povell, of Cadwalader, Wickersham & Taft, \\ill speak on using tax havens for foreign investment. In addition to the panel, a-multi-media package, consisting, inter alia, of printed materials and cassette tapes, and published by co-host Oceana Publications, will go on sale world-wide. Oceana has numerous subscribers around the globe. As a re: suit of the incorporation of the multi-media package into the symposium, the organizers have expresse9 hopes that the symposium will have international impact. The package will be edited by Prof. Schroth and

the members of the ·· International Law Society. The fee for the SYlJ!posium for nonstudents will be $275, or $150 without the publication package . .Students will be admitted for £20; however, -the fee does not include the package, although plans are being-made to make the package available to students at a reduced price. Some of the moneys collected will be turned over to the International Law Society to fund a new scholarly publi~tion. · Anyone desiring more information is advised to contact the International Law Society.

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legal Writi~g, Part One:

. ~rr®@~awn~w @ wa~~{!J]®B llffi{?)li'®«:Df§0@1ru .@ @®@@l~w ~Dlfil by Elliott L. Biskind - - - - - - - - - - - - - - - - - - - - - - - - - · Writing is an independent profession, although it is . that you must continue to_develop y.our vocabulary and to This comment .applies equally to legal writing other ·used as an adjunct in virtually . all professions. In law become attuned to established word-me~nings and shade_s than judicial opinions. The deyelopment of writing style probably more.than in any other profession, writing briefs, of meaning. More _will be said about this later. requires that words be chosen to fit the precise thought or drafting contracts and wills require that a lawyer be STYLE shade of thought.. It requires reviewing over-and-over meticulous in his choice of words and, in communicating Style is the method of expressing thought orally or in ·what is written to clarify' and simplify so that each sentence with a clarity and precision that permits of .only one in- writing. Webster defines it as the "mode of expressing conveys in an active voice - not passive - the writer's terpretation. Legal writing must be so clear and une- thought in writing or orally ... ; appropriate use of precise meaning. This takes time, effort and concentraquivoeal that it cannot be deliberately or even unintention- language;.suitable choice and arrangement of words'." tion. , ally misunde~~: . . . . . . This definition should not trap you into becoming Quantity is no substitute for quality. Logical develop, Legal ~tmg IS creab~e ':""t~ng. Its bast~ Pury><>s~ is style-conscious to the point where form supersedes sub- ment of a theme .needs mental discipline to know what to to co~urucate. If your thinki~g IS clear and unagmat1ve · stance. Specifically, style means only that your writing say, how to say it and when to stop. To continue after that and if you have and can acqwre a vocabulary that will should not be misunderstood because of poor sentence · poin~ is :r:eached creates the risk of losing the reader's pennit yo~ to say with unmistakable clarity and precision structure but that it should be c~gent with no over- interest; for inevitably, minutiae is a diluting agent. · what you mte~d to say you cannot be asked to do more. statement. To write-so that your meaning is clear requires COGENCY · . Cogency is obtained by not overstating your case and ·It is fashionable to say that law is precise. Whether it that related words in a sentence be kept together. If this isis or not is immaterial. What is material is the requirement not done your sentence may become ambiguous and permit by exercising a high degree of stinginess in the use of that those working in the legal profession not be imprecise two or more interpretations. The following sentence illus- qualifying adjectives and adverbs and by forgetting, in for imprecision in legal writing, especially in contracts and trates this fault: "The Chinese Communists spelled out the most instances, that· there are superlatives in. our lanwills, often is an invitation to alawsuit over the meaning of kind of relationship they want in a joint communique." The guage. WRITE, EDIT AND REWRITE a word or phrase. In a brief, imprecision is also a deadly sin phrase "in a joint communique" is related in thought to . for it means that the judge who reads your brief may "the Chinese ·Communists spelled out." Therefore, the Because the ability to write cleady and cogently is no interpret a phrase or sentence in a way you did not intend. sentence should read: "In a joint communique the Chinese less important that is knowledge of substantive and proeeA remarkable example of precision writing is found in Communists spelled out the kind of relationship they dural law, ability to use the. written word with telling effect · is the mark of the complet~ lawyer. But it is the rare writer anon-legal book called All The Presuient's Men written by want." · two newspaper men turned investigative reporters, who can do this in a first draft, for those ofus who strive to Woodward and Bernstein; ·who, while writing in the third U U'ir-fiu121rr@ H~ (ru@ ~(W_ ~[ft) -~[ft)_Hrru@ be effective in our written communications must edit, edit ·. person, demonstrate-their meticulous insistence.upon clarLI \S"' '§I more, and often rewrite. . ityofexpression iri this passage: . . @~ . @©@@! _ w_ rrH~H{ru@(.' , Editing should be done as the writing proceeds. As '§I '§I each sentence is written, review it to make sure that it The two fought, often openly. Sometimes they battled fifteen minutes over-a single word or sentence. jj[fi)@(r@ @(ru~Wl @@@@!_ follows logically from your preceding sentence. You will Nuances were critically · important; the emphasis l/ '§I never - almost never...:. produce a finished product if you had to be just righ~. . . rr@wrrH~Hfrul'm 0 u.u ignore these reminders, for you are likely to.have flawi, in . Consequently, the authors' sty_le is concise and vigorous; it - ... ~ arrange!llent of thoughts, overemphasis· or underemphasis, .colorless words that create no image,-·ambiguities or . captures and holds the reader's attention. There is neither. exaggeration nor overstatement, and qualifying adjecverbosity. · · tives and adverbs are employed sparingly., as are superla· ~(r o -~(Wfil~H~@ @rr@rru@l@H~ Editing done immediately after writing will not dis. tives. They teach us that a fact embroidered with unneces-.. · :i!!!i!!&!iii!iii!iii!iii!iii!iii!iii!iiii!i!j!!iii!iii!iii!iii!iii!iii!iii!iii!iii!iii!i close all these faults. Many will escape your consciousness. sary words loses its impact. Writing, then, should pe li½t ~ . ~ _ Ap ~XCEtlle t. definition?of '~tyle~w~ f?1:171nlated ~ by . The cure is·to lay the writing aside for as long as possible piece of machinery with no unnecessary parts to mterfere Barrett Wendellfo his 1891 English Composition: · . a few days or a few weeks while you occupy yourself with other chores. If you do this you will return to your draft as with its function. · -But the ideal style is a·style t}:lat is clear, that cannot Mr. Justice· Brandeis has reminded .us, "there is no -be misunderstood; that is forcible, that holds the ·an objective copy-editor, editing your work as though it such thing as good writing. There is only good rewriting." · attention; and that is ~legant, that is so exquisitely ·w ere that of another. Only then will t_he flaws that escaped Professor Mina Shaughnessy of the City University of . adapted to its purpose that you a:r:e conscious of its earlier attention be laid bare. New York tells elegance only by subtilely feeling the wonderful ease IMAGERY There's no way of learning to write unless .you . of habitual mastery. (Subtilely is the archaic spelling Creating mental images by the use of the right word in . the right place is, particularly in briefs, effective in im. write, ... arid since high schools don't require a good · of subtly; the pun~tuation is also archaic.) deal of writing, there's ho particular reason why we There is one more poinf to a~d ~ this disc~ssion of pressing your argument upon the reader. should expect students to be able to write. style and .that is the problem of brevity. Eff7ctive legal Imagery is also created by a figure of speech, a play on · These students have access to images and feelwriting requires that when you make your pomt-_stop. , words or by a descriptive representatipn of ideas that ings that we missed among freshm~n before This involve,s a real d_anger that yo~ ~e likely t;o re~ard bears a close analogy to the subject being discussed. But brevity for its ?~n_s~ke. A~tuall)'. i~ is the_ antith:sIS of care should be taken in using metaphors not to mix them. them.... But they suffer-because of the influence of clarity and precision, Just as IS ~~olix.ity. Wh_ile_brevit! for Some time ago the tlie-n education editor of the New · some other language patterns_ whethei: dialect or language_ and because of the influence of people· its own sake ?":quently leaves im~rtant t}lmgs uns_aid ~r York Times criticized Columbia University for reducing who are much more at home talking than reading. unclear, prolixity belabors ~ to~ic or argu":ent Wit? ir- the budget of its linguistics department. He ~id so with the When you are asked to write a brief or a point in a . ritating exhaustive~es~. When eithe~ happens, there is an following play upo,: ·.vords, "It is almost beyond belief that brief, think through your problem, and make an outline of absence.of co_mmumcatJon. . . . . . while linguistics.is booming,.Columbia should be prepared ~ ven t~ough leg~ wn~mg may be fac~ual ?r s~ply -to lower the boom o_n the linguistics d~partm~nt." the points or issues which·you will treat together with your . Th'e mental image created was the indifference of an suppor.ting cases, if any. Do all this.before you even at- expository, it can be·literat~e. In a s~doruc vem,_ Ju_d~e tempt to write a first ~raft. Cardozo wrote, "I ~m told at ti~es by friends t~at aJ1:1dicial institution of higher learning to the constantly increasing Throughout your career you will be writing, and you opinion has no busi.ness to be literature. The,, idol must·be popularity of the sLudy oflinguistics. Editor's note: Part two in October issue. will not stop writing unless you leave the law. This means ugly, or h e may b e taken tior a common man. . .

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