Equitas, vol II, no. 2, October 30, 1970

THE AWARD WINNING STUDENT NEWSPAPER OF NEW YORK LAW SCHOOL AFFILIATED WITH PACE COLLEGE

VOLUME II, NUMBER 2

PUBLISHED JOINTLY BY THE STUDENT ·BAR ASSOCIATION AND PHI DELTA PHI COPYRIGHT, EQUITAS, NEW YORK LAW SCHOOL, OCTOBER, 1970

FRIDAY, OCTOBER 30, 1970

United States Attorney Addresses Student Body BY MARVIN RAY RASKIN

United States Attorney Whitney North Seymour, Jr. is seen addressing the student body of New York Law School on October 22.

School Problems And Events Major Topics At SBA Meeting TheStudent Bar Associationmet on Sunday, October 18th ready to sink its teeth into the problems of the school. A great deal of time was spent reviewing the progress of various committees whose scopes ranged from the mundane to the esoteric. One of the major problems that permeated the discussions during the entire meet.ing was that of the drama tic increase in enrolhnent in the Freshman class. As a result of this increase many of the school's facilities are being s trainee! to the breaking point. It was noted during the meet.ing that one of the goals of the school is to improve the libra.r'f facilities wil;h the expectation of 250,000 volumes. However, much of the money delegated for this had to be diverted to refurbish the mezzanine area. In order for the school to maintain its accreditation, the library must of necessity-seat a given percentage of the 5/tUdent body at any one time. On order to counterbalance this, it was suggested tliai: a study be made to determine the possibility of obtaining various foundation grants to help defray the cost of the needed volumes. Otherfacilities affected by the enlarged student body are the lounge and elevators. Jeffrey York has been i.n strumental in working withDean ~alko in order to arrange for greater eating space, and the installation of vending machines for hot and cold food and the like. &!ch proposals asusing the fourth floor as a lounge, eating in the upper lobby and expanding the basement area are being given consideration. In addition, se-

veral vending machine companies have been contacted regarding our needs. One of the major results of the meeting is the decision to call an emergency meeting of the executive council of the Constitutional Revision Committee to draft a proposal to allow Freshman representation on the Student Bar Association. Presently this privilege is limited to only second and third year classes. The size of the Freshman class necessitates their inclusion. To,::!re is one representative for each twenty five students with a minimum •of two per class. Presently there are twelvemembers of the Student Bar Association Executive Council, With the inclusion of the Freshman Class, the other two classes combined would be outnumbered. Consequently, the matter of seating the Freshman is of paramount importance. From the Constitutional Revision Committee, the proposal will go to the S.B.A., and then to the student body for a referendum; the final authority rests with the Trustees, but no difficulty is expected. Waiting in the wings are several excellent ideas aimed at the student body at large. A mixer with Columbia is in the planning stages; in addition a full length feature film will be shown with the charge being nominal if at all. The idea is to draw the students together on a social level, rather than the few hours they spend in class together. The motif of the fihn will be of a contemporary nature such as F.asy Rider. Speakers were also discussed, and there are plans for repreContiooed On Page Two

Whitney North Seymour Jr., United States Attorney for the Southern Ustrict of New York addressed the student body of New York LawSchoolonWednesday, October 22, at the invitatio~ of Professor Joseph H. Kof~ Mr. Seymour spoke in •ffor. conjunction With the Administration of Criminal Justice Program, of which Professor Koffler is the director, assisted by Professor John R. lligan. Mr. Seymour's office is actively involved in this Law School Program which serves to familiarize the students with the functions of the prosecuting arm of the legal system and allcms them the opportunity to perform valuable services for the community. The u.s. Attorney was accompanied by Mr. James Tierney, Assistant United States Attorney from the Southern I:lstrict, who graduated New York Law Scho-,1 in 1968.. The event marked ·11e largest turn-out for a guest speaker in the history of the Law School. Mr. Seymour is a graduate of Princeton College and Yale Law School. In addition to private practice extending over a period of twenty years, he has actively engaged in various important phases of public service. From 1953 to 1956 he was an Assistant u.s. Attorney in the Southern IA.strict of New York. Between 1959 and 1961 Mr. Seymour was the Chief Counsel of the Special Unit for the State Commission of Investigation, concentrating his efforts in the inqlliry of municipal corruption. Commencing in 1966 he became a m·ember of the New York State

Committees

Announced Dean Rafalko has announced the following appointments to the 'standing committees of the New York Law School for the 1970-71 academic year. It was noted that the deCisions of the various committees are in the nature of recommendations to the Faculty and Dean, or to the Board of Trustees and Dean for approval or refection in whole or in part. All students with ideas, suggestions, or proposals dealing with any of the committees are encouraged to bring them to the attention of the faculty members of the committee involved, or to the Dean. CURRICULUM COMMITTEE: Prof, Koffler (Chairman), Profs. Schwartz and lligan. This committee considers all matters concerning the curriculum. LIBRARY COMlylTIEE: Prof. Silverman (Chairman). Profs. Simak, Means and Avner. All matters concerning· the Law School Library and the improvement of the Faculty Law Library lie within the jurisdiction of this committee. RANK AND TENURE COMMITTEE: Dean Rafalko (Chairman), Profs. Setaro and Koffler. This comJ:!:)ittee considers the appoint,.. Contin_ ued On Page Eight

Senate, in which capacity he voted to dealing with these Another traditional served for two years. He ac- changes. cepted President Nixon's ap- function ·of ,th~ office is ~o al• pointment as U.S. Attorney on low fledgling attorneys tob~ome experienced in litigation through January 16, 1970. In his speech, Mr. Seymour their efforts as assistants. Mr. discussed the many new chal- Seymour stressed the impor• lenges facing the Public Prose- tance of public service in mold:. cutor's Office and how it must ing the future of a young lawyer. contend with the dynamic changes· The Prosecutor believes that the law student should budget his in today's society. The U.S. Prosecutor noted that 50% of time in order to devote a few the work in his office is deContinued On Page Six

Placement Service Moves Into Action New York Law School students meet the needs of its students." have organized a Placement ser- Eqlli tas will carry a list of all vice to help develop a compre- the upcoming interviews. hensive program aimed at proThe Service is already planviding both graduates and second ning for next year. JonGutmachyear students Witli pfacementop- er, a second year student, is in portuni ties . charge of placing 1972 grads in Chairman Joseph Czechowdki summer jobs, and will chair and Co-Chairman Tim Cimcota the program next fall, head the Service, which will offer students assistance in finding professional employment in the expanding legal opportunities in the coming decade. Mr. Professor Emeritus Max Reich Czechowdki, workingWith theAdminstration, plans to develop a is dead. To the overwhehning program, with a goal of "get- number of students who never ting a job for anyone who wants were fortunate enough to see, meet, speak with or listen to one." Last year, the Placement Ser- Professor Reich, his passing will vece was chaired by Kerry Kat- mean nothing more than another sorhis and met with limited suc- statistic, filed, and soon forgot,.. cess. It laid the groundwork for ten by the many other statist,.. this year's much expanded pro- ics of a similar nature, But, to those of us who had gram. At present, the Service is con- been given the privilege and honor tacting prospective employers of seeing, speakingwith, listening and arranging interviews for the to and marveling at the magic coming weeks. '"We are stress- which embodied itseldn the per.. ing three areas to uncovP.r sonage of Professor Max Reich, sources of employment," said he will never constitute a sad Chairman Czechowdki: "The statistic, but rather a tragic first with law and business fi-rms: loss ~ the legal profession. For over half a century, Prothe second, recent NYLS graduates for possible leads; third, fessor Reich had devoted his time alumni and the Alumni Associa- and energies to both the present tion, to get their help in plac- and future members of the Bar. ing third year students ... Forty:<5even of those years were The Administration is giving the spent as a Professor, tutor and Service its full cooperation, in- mentor of law at New York Law cluding the use of the Trustee's School. Many a student of his would be awe struck at this Suite for interviews. Chairman Czechowski stated: inimitable fountainhead of know"That even with the tight job ledge, and, just as the myth.. market, we feel we can place ological Athena sprung fulleveryone in a Job in the area grown from the head of Zeus, of his interest.' He hopes that so did golden words of wisdom after placing this year's gra- and insight flow from his lips. duates, the Placement Service What can be said irt such few will build up a list of compan- words about this man. a man ies , corporations and organiza- upon whom heaps of.praise·could tions that will seek out NYLS be bestowed and not a derogatQry graduates. comment leveled; about a man Companies and .o rganizations lov'ed by all his students, realready committed to this pro- spected . and admired by all his grami include: Arthur Anderson colleagues: a man who, though and · Co., and associating firm slight in stature, walked as a which Will be at NYLS on Nov- giant among men? He was the ember 2; Cleary, Gottlieb, Stein, scholar's scholar, the professand Hamilton, an international or's professor, the counsellor's law firm; United States Depart.counsel, and the idol of his stument of Justice; New York City dents. He was revered by all Department of Personnel; and for the ideals for which hes tood, Legal Aid, which Will be here praised by all who envied his on November 10, ·mastery over the law and people, Equi tas plans to help the pro- and loved by all for his warm th, gram as much as possible. Ed- · understanding and · assistance itor-In-Chief, Bruce Pitman, which .he unselfishly gave in aid stated: ~ program is an im- of those who came to him seekportant one to help the NYLS Continued On Page Five

OBITUARY

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FRIDAY, OCTOBER 30, 1970

NEW YORK LAW SCHOOL

PAGE TWO

( Al-UMNI NEWS

Thoughts O:n Dissent And Freedom Of Expression

Announce Plans For - Dinner

BY PROFESSOR CARL AVNER

Toe two most popular words today in any group discussion, with respect to the academic community, are student dissent and polarization. Toe one necessarily flows from the other when intractable attitudes are adopted. It is well established that most of the student dissent results from the Vietnam war. lt is equally well established that violent protest and its counterpart, suppression of individual liberties, result from intractable attitudes. My purpose in this article is not to discuss the political or philosophical concepts of dissent, but rather to indicate through two illustrations , that controversies with religious, po• litical, economic and social overtones can be satisfactorily resolved, Resolution, however, is only possible if said controversies are permitted to be conducted in an arena of complete freedom of expression. Not many years ago this country was engaged in a serious sn-uggle aver fluoridation. It probably surprised many to learn that there is literally a mountain of 11 tera ture relating to this once controversial subject. Almost every political, social and religious organization in America until recently has occupied themselves with this sn-uggle. All were involved, and spent a great deal of time and energy either for or against fluoridation. There were countless legislative hearings; continuous debates raged in every type of communication media; the court calendars were cluttered with cases that raised every kind of issue from state police power to invasions of privacy; and referendums were held in hundreds of cities. Toe dispute went on in the schools, the churches, the courts and the legislatures . The battles were vigorously fought and the sides were fairly evenly matched. Toe argu·11ent used were not at all

limited to social and medical ones but were religious, political and legal as well. However, the democratic . precess was adhered to~ both sides expre.,sed their views openly and fully by protest, picketing, literature and other means. Freedom of expression prevailed, uninhibited and without fear of reprisal. Needless to say the results are apparent today for it appears that the proponents of fluoridation have won the war solely on the merits. Toe opposition has waned, although as recently as 1963, fluoridation was defeated at the polls approximate• ly 61% of the time, and it wasn't until 1967 that the ratio shifted to the point where they were about even. The second illustration concerns itself With astrugglewhich is presently being waged and gathering m omentum as it progresses, namely, the social responsibilities of the moderncor• poration. As in every controversy there are two opposing views. Toe adherents of the negative view , among whom is Prof. Milton Friedman, the University of Chicago economist whose rec.e ntarticle expressing this positionappeared in the magazine section of the Sunday New York Times on September 13, 1970. He asserts that in a free enterprise economy, a business corporation should be operated to maximize its profits for the. benefit of the shareholders. Toe proponents of the posi live view recognize that the moq.ern corpora ti on has become so enmeshed in the life of total society that it cannot possiblyavoidassuming social responsibilities. In fact in a speech given by Morris 8. Abram , former president of Brandeis University, at a luncheon at the Union League Club on Wednesday, October 14, 1970, reported in the New York Times the following day, he expressed this positive view.

PROF. CARL AVNER

I subscribe the the latter view. D.lring prior research I have expressed and exposed all facets of the struggle by tracing the evolution of the modern coi-poration as a social institution. My conclusions , which emerge from documented events, indicate that the popular view appears to favor greater social responsibilities , since the present trend is developing in the direction. It is unfortunate that the political arena does not have a referee to prevent the development of intractable attitudes when the c ontest becomes too im passioned for admittedly, ·the political contraversies used in my illustrations do not generate the extrem e emotions such as are involved in the situation created by the Vietnam war. Nevertheless the pa.rallel should be apparent, and the illustrations are intended to point out the necessity for the free flow of thoughts and ideas in ·the forum of public opinion. Our democratic process and our adversary system provide us with the mechanism for freely expressing conflicting views in many different ways. It is essential that this democratic process be permitted to function in an atmosphere of pure and per• fect competition so that every thought, idea, concept and opin• ion shall be aired publicly, and that everythingworthsayingshall be said whether it represents approval of or dissent from a particular issue. If these safeguards are maintained, unfettered with acts of violence or

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It has recently been announced by the Alumni Association of New York Law School that its annual dinner and meeting will be held on Monday, Novem ber 23, at the Statler Hilton Hotel in ew York City. Toe keynote address will be delivered by Judge Sydney H. Ash. Mr. Joseph Pericone, President of the Alumni Association, stated that he expected "a sub stantial turn-out." He also expressed the view that "it is very important for the alumni to attend and lend support to both the association and the school." This year's keynote speaker, Judge Ash, is a respected jurist, former professor at New York Law School, and author. Judge Ash was, for several years a judge of the Civil Court of New York City. Presently, he has been nominated for the Supreme Court of the State of New York by the Republican, Democratic and Liberal parites. Judge Ash attended City College of New York where he received his Bachelor of Arts degree. He subsequently attended the Columbia University School of Law where he was awarded his Bachelor of Law degree. After he completed law school, the Judge went on to study Sociology at the New School for Social Research, and was awarded his Doctoral degree. From 1948 to 1967, Judge Ash was a Professor of Law at NYLS. While residing at our school, he taught many subjects, but is especially remembered for his courses in Property Law and Public Law. At the present tirn -e, the Judge is a member of of suppression, public opinion will resolve the issues consis tent with the merits of the arguments. There are many quotations from noted jurists and legal philos op hers which could adequately be used to conclude this article, but Justice Frankfurter ex• press.ed it best when he said, "freedom of expression is the well-spring of our civilization.

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School Problems, Events Major Topics At SBA Meeting Continued From Page One

sen':atives from the F.T.C., the S.E,C. and other organizations to come and speak. Of pointed intcres t is the possibility of the attorney who authorized the G.L Bi 11 of · Rights to discuss the deprevation of Constitutional Rights while in the Military. In order to project a rounder view of the topic, it is hoped that a m ember from the Judge Advocate General Office of the Army will also share the platform. The air at the meeting was one of optimism and concern, as matters affecting the students and the school were discussed. One of the final events of the afternoon was the :: onfirmation of Bruce Pi tm an as Editor-In-Chief of Equi tas. Bruce s ucceededWilliam ;:s;o!an as the helms man of the pa per, when the work load from schoo: a nd the Law Review caused his res i gnation. At a meeti ng of the Editors, Bruce was elected, but the position was not official until his confirmation by the S,8_,\, "In the imm ediate future, who knows, \\'e'd li ke to go bi-week!} . " Bruce told the r.: eeting. Also in the forseeable :uture, is a scholarship prograrr. spo:is ored by the paper but this will no t be reali zed unti l the paper attains a solid financial base,

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the Graduate faculty of the City University of New York, andalso of the faculty of Mt. Sinai Medical School where he teaches a course on Psychia~ry. Public policy , and the Law. A prolific writer, Judge Ash's works include Civil Rights and Responsibilities Under the Constitution, and Police Authority and Individual Rights. 1n the spring, 1971, he will publish a book entitled Toe Men in Toe Black Robes. Toe Judge has also written well aver thirty law re·1iew articles. M-. Ernest Marmorek, a member of the Alumni Association, who works closely with Equitas on alumni matters urged all alumni to "reserve that evening on their diary." He also noted that a separate mailing would be sent to each alumni concerning the meeting.

Alumni Urged To Use NYlS Placement Service Joseph Czechowski, Co-Chairman of the NYLS Placement Service urged all alumni to make use of the placement service to fill their needs for young prof es sional help. Toe PlacementService aids graduating students in finding positions with law firms and other part time jobs as law as sis tan ts or legal clerks. 1n this issue of Equitas, an article on the Placement Service appears on page l; the attention of the alumni is directed to that article. In a conversation with Mr. Czechowski, the critical importance of alumni participation in the program was stressed. Toe Co-Chairman stated that ,.if the alumni make use of our Placement Service, its fruition and success will be assured. The alumni could be of great help in placing many of our graduating students in meaningful jobs." All those alumni who would like more information on the Placem ent Service should call Mr. Czechowski at the school, WO63500, Ext. 12, or write to him c/ o the Student Bar Association, New York Law School, 57 Worth Street, New York City. Mr. Czechowski said that he could be reached by phone most week-day afternoons at the school. Hemay also be contacted in the evenings at home at 201-436-4269. His home address is 72 West 51st Street, Bayonne, N.J. Bruce graduated from Rutgers in 1967 and matriculated in the fall of that yea r. However, he withdrew for a year to serve on active duty as part of his National Guard obligation. Afterwards he taught school and entered New York Law School again in 1968. As to the ob jectives of the paper Mr. Pitman was very explicit. ""We plan to be very objective in our reporting, preseµting the many sides of an issue, Since we have to live in the world outside the Academic Community, we a,re very concerned with what takes place, We hope to caver the major issues involving not only our school, but the local com munity and those issues of national importance as well." When asked about the award won by Equitas, Bruce said, '\\·e all are quite proud. The interest in the paper has increased a nd we anti-c:ipate excellent res ults."

RETRACTION The Editor's of Equitas were in error i n a n Edi torial. that appeared i n our :\lay, 1970 issue i n which we sta ted that e.'(B.ms were cancelled, In fact exa ms we:::-e only :-nade optional until the ~ew York Court of .-\ppeals rendered its decision interpreting the · rules ior admission to the Bar. ED.

FRIDAY, OCTOBER 30, 1970

PAGE THREE

NEW YORK LAW SCHOOL

Seymour lecture

The Birth Of_A lawyer BY GEORGE FARKAS

As I see it, legal education at NYLS is analagous to a process of birth. To start out, we all take the LSA T. This is a cryptic four· letter word meaning the act of conception. If we "score" high enough, we begin a three year period which I call the "pregnancy". "57 Worth Street" is the pseudonym for the womb. You freshmen will notice that you start out on the seventh floor, the highest part of the womb, as far as development is concerned. Some of us move higher occasionally to the eighth and ninth floors where the "Ii· brary", which is actually the nourishment dispensary, is situated. Frequent movements to the eighth and ninth floors usually help to bring about an easy birth. As the maturation process gets under way, the "fetus" or student, encounters "professors" medically known as antibodies. The usual function of antibodies is to protect the fetus, before birth, from un· warranted situations. Sc •:etimes however, the fetus has an adverse reaction to one or more of the antibodies. The result is usually a miscarriage, commonly referred to as "dropping or flunking out". By the time the fetus moves to the fifth floor, or "middle level of womb", it is better adjusted to its environment. It can deal more easily with antibodies although he might encounter new ones with different effects. When the fetus "drops" to the third floor, or "birth level", he is usually bored and can't wait to get out. These are normal symptoms in the third year of the pregnancy. He goes through the motions, but he is listless. Finally, the big moment arrives. Contractions, usually referred to as "final third year examinations" begin; the womb and the fetus are soon to be parted. At last "graduation", or birth, occurs. At this point it is not uncommon for the ex-fetus to exchange a few words with the antibodies. Sometimes this exchange is pleasant. Other times, not so pleasant. The birth process is not completely over yet. The after-birth, commonly called the "Bar Examination" must be expelled, or, as known to laymen, "passed". Once this is accomplished, the fetus is on its own. It is my fervent hope and wish that those of you who are reading this, experience a smooth and rewarding journey through this womb. The headaches you'll be experiencing, medically referred to as "fetal nausea" will eventually pass. If thev don't, don't be disheartened. You are not alone. But one day, yes one glorious day, you'll take a walk down to the corner of Church and Worth streets, and gaze upon the imposing structure on the Northwest corner, and as tears gather in the corner of your eyes, you'll say to yourself: "Now there, there stands a real MOTHER of a school!!!"

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FRIDAY, OCTOBER 30, 1970

NEW YORK LAW SCHOOL

PAGE FOUR

FROM THE EDITOR

EDITORIALS

BAR-LINE By BRUCE PITMAN

ELECTIVES- A SPARK OF HOPE AND A FIRE OF DISAPPOINTMENT .....

This semester marks the initial attempt at New York Law School for an expanding program of elective scheduling. While this expansion presently applies to students who have completed their first year of study, and, although it can be said that a positive step has been taken in this direction, still, it would appear that much must be done before it can even be argued that a dent has been made in the armor protecting a once thought of impenetrable and unchangeable system of course programming. While it is admirable that the present administration has seen fit to permit instruction in some subjects heretofore nonexistent at the law college, a close analysis of its generosity leads one to conclude that electives in our curriculum constitute but a distorted embellishment on the theme of tokenism. A choice of electives is now supposedly offered, where once there existed only strict compliance with a rigid, inflexible and mandatory schedule. It must have been believed by those responsible for such "changes" that the student body is so naive as to accept as an overflowing pail, a mere drop in the bucket. Webster's dictionary defines elective as "an optional course in a school curriculum". Clearly, the fact that one must choose at least one optional subject to qualify. for matriculation goes contrary to the theory that a student may refuse to take additional · courses should he desire so to do. And, con-

trariwise, why must a student, in most instances, be permitted to carry no more than one elective, again, if he so chooses? It is foolhardy curriculum scheduling to plan three electives on Monday at the same time, one on Wednesday, and one on Friday (which would have ended at 5 P.M. - no wonder a lack of enrollment in the Labor Law course) . We believe that classes such as Law a·nd Society and the day session of Labor Law should not have been cancelled. Indeed, smaller classes are conducive to greater individual attention by the professors, as well as allowing for increased student interest and participation. Smaller classes would assure increased mutual respect between teacher and student. What we would like to see done is to have the Student-Faculty Curriculum Committee, or, whatever other group may be appointed, designated, or organized, revamp the entire scope of elective programming. Fewer required courses should be offered, with only the very essential ones remaining, and a truly wide range elective program be made available to the student body - not as mandatory electives (i.e., you must choose 4 elective credits from 3 previously required 2 credit courses) - but, courses in diversified fields of the law, which are of practical, as well as theoretical value. Seminars in various areas should become a reality for interested students, and not merely statements to that effect made in the school bulletin.

TWO YEARS WITH SPIRO AGNEW When Sp iro speaks it 's off the cuff, And w hen he tal ks he's mighty t ough. But all his friends from t he north and south Can 't help Spiro take his foot fro m h is mout h.*

Now that two years have passed with which to judge the activities of VicePresident Agnew, it seems fair that the time has come to give a brief but, nevertheless, objective analysis of his policy. In the interview between the VicePresident and college students on a recent David Frost Show, we think even the most relentless of Mr. Agnew's critics would concede that he had all the answers. But let us examine a more far reaching issue uncovered by the interview; the undertones of violence in America. We disagree with the gentleman who stated that Mr. Agnew was the sinqle most instigating factor of violence in our country today. But, does he not shade a faded light on those persons who seek reform by non-violent means within the system? And does he not, by his continuous fanfaronade, inhibit those seeking reform while grossly misrepresenting their intentions to the American public. The Bill of Rights grants freedom of speech to every American. It allows men like the Vice-President to preach wai; in the name of God and the Flag. It permits him the opportunity to prophesy a distorted dogma, entrenched in the philosophy of unjustifiable character assassination analogous to the McCarthy tactics-. The obvious result of his caco-

phonous calumnies is a polarization of a concerned people. The incidental consequency is to bring the potential "McCarthyites" to the fore and equip them with the support of the VicePresident in their quest to subdue the proponents of reform. In any event the stage is set for increased polarization and disorganization among those opposing Mr. Agnew's rhetoric and his supporters. The man who is just a heartbeat away from the Presidency takes affront with anyone who is not in complete accord with his dogma. He sets a poor example for those of us who believe in the under- . lying concepts of the Bill of Rights. His foremost goal is suppression of free speech.unless it concurs with administration policy. By continuing his efforts to play power politics he inadvertently infringes upon the rights of those desiring to make known their protests against the system, but fear the consequences of the Vice-President's wrath . . The time has come, Mr. Vice-President, for you to stop taking umbrage with every honest American who disagrees with your dogma-------and to start taking heed. *Reprinted from Mad Magazine, Copyright 1970 E.C. Publication Inc.

It gives me a great deal of satisfaction to see EQUITAS going into i ts second year of publication. I take a still greater sense of pride in the fact that the school paper was- rated the outstanding law school news paper in its class by the American Bar Association. Mu:::h of the credit must go to Messrs. Slomsky and Nolan for knitting together, with a cohesive unit, a staff com posed primarily of people who have had little prior newspaper experience, and to those staff m embers who, by their diligence, as sured the paper•s quality and viability. Obvious ly, however, we, as an l~ organization, cannot rest on our hi' laurels. We had our strengths , \j wi yes; but we had our weaknesses ) too. EQUITAS m ust move forward progressively, but also wisely and, i n some areas .prudently. To this end, one of the first decis ions made by the Editorial board was to increase l;he number of issues published each year from four tosix,andquitepossibly BRUCE PITMAN eight. The reason for this decision is three-fold. Firstly, the like from people whoseviews we believe that i t will be of grea t are divergent from our own. help i n soliciting advertising for Alumni news coverage will conthe paper• .The principal is s im tinue as a regular feature. In ple - the more often we pubaddition, the paper will cover lish, the greater the market not only school events andissues for our advertisers .and there(which will receive great fore advertising in EQUITAS attention), but also city, state becomes a more attractive and national issues which are proposition. In the secondplace, news-worthy and of interest to our readers. Myopia is an inby publishing more issues.we will be forced to r efine and firmity which we will not allow ourselves to be stricken with. streamline our or ganizational There are·someinterestingproprocedures, which were somejects "in the works" for this times less than acute last year year. EQUITAS intends to do due to the irregularity of publia series of articles on the crisis cation. Lastly.such a policy of our environment. This series will enable us to increase the began in our last issue with size of our staff correspondingly Professor Kelman•s article, and with the greater work load. In continues in this issue with a this way, EQUITAS will broaden pictorial essay. We are also its base of student participation, negotiating for an interview with which benefits not only the paper, but, more importantly, the Mayor Lindsay,or, if he is not available, then with one of his students. top aids. An article on student In conjunction with this last views of NYLS is also in the point,it must be said, in all planning stage, as well as one candor, that in the past we, as from the faculty and administraeditors, failed to enthusiastically tive viewpoint. solicit the participation of our Looking toward the future, night students in the affairs of the editors have decided to esthe newspaper. Toe same mistablish an EQUITAS scholarship take will NOT be made again. when the paper reaches greater Within a week from the distrifinancial maturity. This is an bution of this issue, I will call obligation that m-.is t, i n time, a meeting for all those evening be fulfilled. Ambitious though st.1dents interested in working on it may sound, within two or the EQUITAS staff. This meeting three years , we hope that will be held at a convenient EQUITAS will be a bi-weekly evening hour for those students. publication, and thereby expand And,one of the topics of disthe services which it performs cussion will concern itself with for NY.LS. setting up a program of particiOne last word, EQUITAS does pation which will fit into tht!r not belong to the editors,nor schedule. · does it belong to the S.B.A., The basic policy and philosophy nor to the school (as a n instiwill remain the same. The tution), it belongs to the students. keys tone of good news reporting It is an open publication; anyone is objectivity, and we intend to may become a member of its maintain ours. At the same time, a newspaper must be a s raff. lt exists to provide them platform for the expression of with news in an open and honest . manner, and to serve as a wide-ranging ideas. With this in mind, we will continue to seek vehicle for student participation in school affairs. Interference feature and commentary-type articles i n the areas of law, with these twin goals cannot be sanctioned. politics.social commentary and

S

EQllTAS STUDENT NEWSPAPER OF NEW YORK LAW SCHOOL Editorial Board

EDITOR-IN-CHIEF ....... ... ... ..• ....... •.... .. •.... · -·· · ·· ··· ······ ·· ··· ·· Bruce M . P i t m an Associate Editor ....... ............. .. ........ ......... . ... .. .... ... . ..... ....... . Marvin Raskin Phi Delta Phi Contributing Editor ..• .. .......•.. .. .......... . .. ......... Marvin Kramer Bus i ness Editor . ..• ... ... ..... ... ..............•. .. . .. ..• ..•. . : . ..... .. .. ...• . ..... Peter Tangredi STAFF Ph i llip Kenney Br ian Bell James Dobbs Charles Revelli

Allan Pull i n Joseph Maltese ' Mike Macklowitz Dave Meiselma·n

Arthur Zeller Rick Ent i n Joe Risoli . Martin Mintz Barry Simons

FACULTY ADVISOR : Professor M il ton Silverman EQUITAS is published jo i ntly by the Student Bar Assoc i at i on and Ph i Delta Ph i Fratern it y, Dwight Inn Chapter. The v i ews expressed herein are t hose of the N:wspaper or its by •l i ned reporters and do not necessar i ly reflect those of the student body. admin i st rat i on or faculty unless . otherwise spec i fically stated . · Mail i ng Address : 57 Worth Street , N . Y.C. , N.Y . 10013 Telephone : WO-6 -3500 Ext.12

FRIDAY, OCTOBER 30, 1970

PAGE FIVE

NEW YORK LAW SCHOOL

Law Student Division-------.

FROM THE PRESIDENT------

A.B.A.

STUDENT BAR

- ,- -------------

By ALAN J. SCHNURMAN The Student Bar Association has initiated a strong program of student activities. What is now required is the actual bodies to bring these programs into reality. PLACEMENT Placement is an area that is closest to our hearts. The STIJDENT LOUNGE Yes, we A student lounge? administration and the Student need one and we're trying our Bar are currently undertaking a hardest to find a suitabfe-.area co-ordinated effort to secure for it. All ideas will be wel--. permanent and summer job opencorned, just drop them in my ings. B.l t all the energy expended box on the fourth floor. foF that purpose goes to nought, if we do not have a substantial FRESHMAN REPRESENTATION We are currently revising our turn out of students at these constitution, and hope to have an interviews. We have to show election for freshman represenour sincere interest before the tatives to my Executive Council hiring firms can show theirs. by the end of this term. In LOANS the past, representation for the Through the efforts of the freshman class was delayed to administration, for the first time the end of their first year. in the long life of New York SOCIAL ACTIVITIES Law, the American Bar AssoWe are trying to humanize the ciation has granted us $5,000 subway atmosphere thatnowprefor student loans. These loans vails at 57 Worth Street. Promust be applied for through the Dean's office. I can assure you grams are in the works, for if they are left unused they will example a Saturday Night Film be the first and last loans: we Festival, with refreshments. receive from them. Again, if you have any other

FRATERNITY PRESIDENT-----,

ALAN J. SCHNURMAN ideas don't hesitate tobringthem up. 'BLOOD DRIVE We are running a blood drive. If only 20% of the school contributes, then 100% of all the students and faculty will be covered for one year for all their blood needs. This also includes wives and children. It is up to you. The S.B.A. needs your support but more so the school needs your participation.

PHI DEL TA PHI By ED RYAN Fraternity "rushing" is now in progress. Those s~dents who have successfully completed their first year of academic srudy at New York Law School and are interested in joining Phi U!lta Phi Legal Fraternity, should contact William Polignani, Pledgemaster of D.vight Inn, for the 1970-71 academ~c year. . First year srudents interested in pledging the fraterruty are wekome and encouraged to become active fraternity 111embers, subject to certain conditions. Phi U!lta Phi's Constirution requires that only those students lion within the Brotherhood who satisfactorily complete their an opportunity which often leads first semester of studies are to responsible positions of leadeligible for induction therein. ership both within and without 1n order to facilitate the earlithe academic community. er active participation of first Last spring, the International year students in fraternity afExecutive Council of Phi U!lta fairs, we have instituted this rePhi announced plans to establish quirement for conditional mema scholarship program under bership: freshmen students will which $100 will be awarded anhave the opportunity to particinually, beginning in the Fall of pate in the pledge program with 1970, to the outstanding Phi U!lupper classmen, but will not be ta Phi second year student in formally inducted until the seeach Inn. To qualify, the second semester, upon a showing cond year Brother must have atof satisfactory completion of tained the highest scholastic atheir first term. This new method of introducing verage of all the second year members of his Inn duririg their first term students into the workings of the fraternity will e- first year of studies, whi.;h must be certified by the U!an as to qually profit D.vight Inn and those correctness. previously ineligible to pledge. This scholarship - the first of The fraternity will have more what is expected to be an exBrothers with which to launch its tended scholarship program by Fa'.l program, and the fi rst year the International - is another pledge ;, will enjoy the benefits opportunity by which Phi U!lta of early, and active participa-

FROM THE EDITOR

-----J-,

Law Forum

By RICHARD A. GREEN The New York Law Forum in keeping with its recently established golicy of printing symposium issues, is proud_ to anno_u nce ~e forthcoming publication of a two-Part sY11:1~osmm d~llng "."1th problems on international . law and extradition. While _at first glance such subject matter would not appear to be parncularly "relevant" in terms of presently existing domestic legal problems, we have chosen as the underlying theme the necessity for binding determinations between the nations of the worlcl--a _theme which suggests the enormity of the problem and hints at the domestic the inevitable concomitants of a consequences · conceived as bur.g eoning urban population. To tangential to nonbinding deter- this end the Forum has enlisted minations or no determinations the aid of several noted legal at all . In this regard we are scholars who are expert iri the publishing papers on such topics field5 of poverty law and urban as air~raft hijacking; extraditi on housing conditions. To compliof fugitives to and from foreign m ent the work of these authors nations; extradition and natural many student staff members ~ve law; and punishment of war crim- elected to research and examine relevant related areas with an inals. Following publication of the eye to providing original soluinternational law and extradition tions. The decision to devote the enerS)m;,osium, the Forum will inlties and resources of the Forum vestigate the legal implications of escalating urban problems-. in this direction is in response This issue will treat the mani- to a recognized need ?Y students fest problems of pollution and and practitioners alike for a treatment of environment control, acute hous- comorehensive relevant and topi cal legal issues, ing shortages.spiralling crime rates , and a dise nf ranchised and \\iUl which we all must deal_at .. disenchanted citizenry which are ·some time in our "legal careers·.

Phi fosters legal education and training, and provides individual assistance and recognition to its dedicated Brotherhood. Pursuant to numerous oral and written requests from the various Student Inns, the International Executive Council is conducting a mail-in vote, the purpose of which is to determine whether the word male should be st' , cken from the membership requirements, dictated by the Phi U!lta Phi Constitution, Article Ill, section 2. This proposed amendment would permit female law students to pledge, and be accepted for membership in the fraternity, thus achieving th-~ same status, and in the same manner as male students have done for the past 100 years. These requests which have prompted the polling of the Inns around the c ountry, are indicative of the changing attitudes of our

By MICHAEL GUERRIERO

This fall marks the beginning of the second academic year for the Law Srudent Division of the American Bar Association at New York Law School. Toe purpose of this column throughout the year wil: be to apprise you of the current events of the Law Smdent Division. Less than 50% of our student body are me1;11ben, of the Law Smdent Division. Therefore, I would like to pomt ou· some of the advantages of membership. As a law student and future p;:--:-tici;:,ant in the legal community, the time for broadening ones awareness of the lawyer's role in society is now. The concept of legal education is rapidly changing. It is not so essential that in ten years a member of the class of 1973 can still recite all the rights and duties of the parties in Lawrence v~ : Fox, rather, what is essential is that he begins now to use his legal tra:i.ning to develop.· new ideas and approaches to the problems which we will face iu the last quarter of the l\ventieth century. In other words, recognizing and realizing the potentialities of a legal education, instead of grinding out three or four years to pass the bar, is a more enviable achievement. The Law Student D.vision of the A.B.A. recognizes ·the importance of the expansion o· MICHAEL GUERRIERO . thought by the law s nidents o. this country, and. offers a unique opportunity for presentation of individual ~deas on a national yer Placement Information Center. The wide-ranging and diverscale. The Student Law Journal is a student periodical published sified legal market offers a disti.nct challenge to the law student. nine times during the academic year. It serves to present pri- Selection of an initial legal position can often be a decisive facmarily student views on any area dealing with the study or prac- tor in the formation of a legal tice of law. The ·a uthorship of career. Information on the qualarticles is quite diverse and not ifications employers consider of limited to law students. The foremost importance, current Student Law Journal is intended starting salary ranges, and locations offering the most potential, to be open to subjective opinion. It will serve as a sounding board will be of invaluable assistance for the clash of diverse ideas. in opening the doors to one"s It is in fact the only national future. After three or fouryears periodical open to law students. of law school. one need not setEach member of the Law Student tle for a treadmill job. A more detailed discussion of !pivision receives a subscription the Law Student D.vision will be co the Journal. In addition, membership in the forth coming in the form of a Law Student Division entitles each reoort to be distributed to the student to the use <if the Law- s rudent body. "Fraternity" and time. Female equality. in var- words as they have · ious areas has been recogni zed "Brotherhood" by law and should more readily been interpreted in their trabe recognized and demonstrated ditional sense? Or, doesn't it by legal establishments and in- matter? stitutions, such as legal fraternities and bar associations. At a duly scheduled meeting of the D,vight Inn Chapter of Phi U!lta Phi, the Brotherhood at large Continued From Page One will be polled and the representative vote forwarded to the lnterna ti onal. ing his help and guidance. In anticipation of the result of The passing of our ''tv1r. Chips" this vote, it is my hope that also signi fies the passing on of female members will be an era, the passing on of an recruited in the near future, institution embodied in a single and that the fraternity will be man; a man whose accomplishgreatly enhanced and bene- ments, though never in the limefited by such a decision. But; light of publi::: attention, stand query - would the admission of unparalleled by many of the outfemales to Phi U!lta Phi enable standing personages of the past us to maintain the use of the century.

OBITUARY

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

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FRIDAY, OCTOBER 30, 197(1

NEW YORK LAW SCHOOL

PAGE SIX

Carrying On The ·M ovemen-t Another Alternative BY DAVID MEISELMAN It seems to me that, in the end, neither rebellion nor repression will be the death of us, but deja vu. For all of the shake, rattle, and roll in the body politic, the head remains the same. Years ago, Nixon promised we wouldn't have him to kick around anymore. But, unfortunately, the man can't tell the truth about anything. The polls report that the "new" faces for '72 are Reagan on the right and Humphrey and Muskie on the "left," with Lindsay, as usual, playing his role as the great harlequin hope, As it was in the days of Eve, Harold Stassen will be there, and maybe finally will become a viable alternative, New York, which fancies itself the nation's style-setter gave us a taste of things to come in the June primaries. On the snoring side, Arthur Goldberg offers us not only a rebuttal to Rockefeller but a chance to repeal the 20th century. It is based on this and other topics discussed below, that L admittedly with much ambivalence and doubt, advance the idea of a new political party, based on peace and populism. There are present today several long-term political and sociological trends which tend to favor the growth of such an idea. These trends are: the continued breakdown of the traditional party apparatus and organ"ization, the overwhelming influence of electronic non-print media to affect mass consci ousness and project personalities above political parties, the viability of strong populist candidates like Mrs. Abzug disproving the durable myth of the country moving to the right, and the failure of the New Democratic Coalition (NOC) reformers to renew anything let alone the Democratic Party. The Democratic Party is unreformable from within. Witness the '68 presidential primaries. Kennedy and McCarthy between them won 7 out of 7 primaries , but not only was H.!mphrey nominated, the pro-war platform plank was " voted by the dele• gates. The --Democratic Party is not democratic. Furthermore, the organization is so weak and decayed that it can hardly function anymore. McCarthy beat it in New Hampshire, Kennedy beat it in Indiana, Badillo and Abzug beat it right here in the cit) less than 4 months ago. Alas, the NOC as idealistic as it "Tlay be, remains lethargic and

cial reform. There is a potential majorit'f in tlus country opposed to the war in Indochina, hurt by the Nixon economics and appalled at Agnew's divisive and polarizing rhetoric. There exists the issues, the manpower, and the program to launch a new P.arcy. After 4 years of Johnson, 4 years of Nixon and 8 vears of war, this country should~be hungry for a new beginning in 1972. Historically, we are at a moment parallel to 1854, when the FreeSoilers, Abolitionists , Whigs and all varieties of Americans came together, checked their egos, and founded the Republican Party. We are at such a historic waterloo now, and if we have the determination, we will find our Lincoln,

leaderless. The Democratic Party is doomed and diseased. It is the party that began the war in Vietnam, the party that ruined the poverty .program, the party that nominated H.!bert H. Humphrey while a mass clubbing of wo:nen and children was going on outside its doors . It is the party that thinks Carl Albert symbolizes the fu ture; it is the party of Dodd, Addonizio, the Mafia, the Unions, the missle contrac ters and the Eas tlands . Secondly, deep currents are now running through our society, breaking up traditional 2 party' voting patterns. There is a George Wallace who can get on the ballot in all 50 states and pull over 10 million votes. There is the prospect of the 18 year old vote. The rumor of a right drift is blind conformity for lack of substance. One news analyst said it, then everyone repeated it, therefore if m;.15t be true. But it is not true. There is no emerging Republican majority. The basic political trend in the U.S. today is a revolt against the middle, against the unvital center. Peopl,~ are looking for a place to go - a place they can call their own. They are looking for someone tP lead them against bureaucratic political organization, the dull networks, the Harvard experts, the elitist foundations, the spent liberalism of the SO's, and against the H.!mphreys and the Nixons.

U.S. Attorney Addresses Student Body Continued From Page One

There is a new independent feeling in the guts of this country today. It is there most obviously among the legitimate anti-war students and the affluent white liberals in suburbia. But it is there too among decent minded men like Julian Bond, Ogden Reid.Kingman Brewster and Ralph Nader. It is there on Wall Street where bankrruptcies, a loss of confidence and a s tiding market are inflicting pal n. It is there in Middle America, where inflation, lay-offs, higher prices, lost jobs, lost credit and im;,ossible mortgages are also waking people up. And it is there among the blacks and minority groups . I do not purport th.'lt the idea of a new party is a panacea. It will not be a revolutionary party that calls for Socialism and the end of the American &npire. But it is a possib!e next step. Nixon, Agnew and Mitchellmust be retired to private life before the country ls gone. That is the prerequisite to any real so•

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beginning years of his legal career to working in a civic capacity. He believes that in addition to affording the young attorney invaluable experience, this tactic would serve to strengthen the basic structure of the community. Mr. Seymour also commented on the problems peculiar to his office. They are: NARCOTICS- New York is the major port of entry of narcotics traffic in the U.S. ORGANIZED CRRvE- The leaders of organized crime corrupt the fabric of municipal government and use the funds from their illegal dealing to further future endeavors . WHITE COLLAR CRIM3:- The siphoning of U.S. tax dollars by foreign banking procedures is s tartllng. It is the duty of the Public Prosecutor's Office to maintain the integrity of the financial structure of the country. In order to accomplish this, a new six man unit has been employed to deal specificaily with this problem. CONSUtvER FRAUDS- Social injus dces in low income America such as usury in credit terms result in garnishment and loss of jobs. CIVIL RIGHTS- -1n the field of employment, particularly the building and construction areas, discrimination ls omnipresent. ENVIRONMENTAL PROTECTION- This is the fastest growing area in law enforcement today. Through the use of a 19th century statute, Mr. Seymour's office is effectively pursuing major ;ources of pollution. TiiE ACMNISTRA TION OF JUSTICE ITSELF- Mr. Seymour seeks to have criminal violators prosecuted fairly and expediently. He emphasizes the need for the solution to the onerous case backlog, while noting a ·150% increase in backlog cases since 1960. After this brief but informative discourse Mr. Seymour opened the floor to questions from the students and the response was enthusiastic. lliring the question and answersegmentMr. Seymour responded to comments on the following topics: power of the grand jury, new federal anti-crime law, pre-trial detention, bail practict:<11, tax evasion via foreign banking laws, obsceni ty, pollution, andmarijuanalaws and associated drug problems, In conclusion, Mr. Seymour state that he though the two mosthelp. ful assets to the attorney in our legal sys tern today were the jury system and the right of crossexamlnation. Whtiney North Seyrfl our Jr .'s dialogue and comment were both educational and instructive. The students at the Law School received an immeasurable benefit from his appearance.

Censorship In Vietnam BY PHILIP KENNY Since the incident at Armed, Forces Vietnam Television Network (AFVN), when an Arny news man announced he was being censored in reporting the news, many concerned people have taken an interest in the relevance of Army journalism. Mo!'t of what has been written abouc the subject is limited to the A FVN incident and the Army overseas newspaper, Stars and Stripes. One may wish to ask, what about the unit newspapers? What kind of coverage do they give? It is not a moot point. The situation at the division level is even more repressive i since it is from these information offices (IOs), within the divisions, that much of the news is filtered before r.::aching Saigon and AFVN, etc. Is the news censored?Well, no .• :nanufactured might be a better term . That is, what reaches the street for civilians as well as for Gls to read is exactly what the Chief of Staff and the division IO, want to be released. When I began working as a Combat Correspondent for the Fourth Infantry [lvision l was told by the division 10, Major Kenneth Able, that the public back home paid the bill and, $ us , had a right to know what was happening. Nothing could have been further from the truth. Soon after the Major had briefed me, I was sent out to the Third Brigade headquarters at landing zone Oasis. The officers in charge of information was a young lieutenant who had his own ideas about the public's right to know. He was responsible to Captain Fabian (MA in English Lit.) who ran hero on the lieutenants to make sure that tnothing nasty like the words "napalm•• or "ambush" were ever slipped into a story. The lieutenant's first speech on the subject of "right to know .. pointed out that the Army wasn't so damned stupid that they would go to all the trouble to draft a man, train him , teach him a skill, send him to Vietnam, outfit him with a new ball point pen and then expect him to turn on them and write something that would make it look like the Army was somewhat less than perfect. To our -cries of "But that's the way it happened, do you want us to lie ?" he replied. '"No, I'm not a,sking you to lie, jus t don't write the bad parts into the story. If you can't write something good about the Arm v, then don't write," Then there were the monthly memoranda by Major Able. They were designed to keep the field correspondents from making mistakes. The Major said he only wanted to help us to turn in "clean copy." For example, Major Able noted in one letter that it was against division policy to mention that helicopters of the Fourth Llvision received fire from the ground. In addition the term "Famous Fighting Fourth Infantry [lvision"was to be included at least once in every story. Further there was to be no mention of American wounded, nor enemy wounded as this unnecessarily stressed the pain and suffering of mankind enmeshed in conflict. The Major was always quick to point out that his "tell it like it is" policy still stood and that these new restrictions were minor modifications necessary under the circumstances. Yet t1m I.! after time any reference such as "hot and sweaty GL .. ,.dirty, bedraggled grunts {infantrymen)" or any reference or suggestion that a GI was not entirely happy with his lot was struck out of the copy. It isn't. It sounds amusing. It isn't amusing for the soldier who reads about his company "ove:nvhelmlng" the enerr.ywhen he knows that, in reality, four of his best friends died and no one even saw the enemy much less

overwhelmed them. But that ls a small frustrationcanparatively. Not that it doesn't have its ~umulative effect on morale but there are more damaging consequences of the management af news. Whenever wewroteanaccountof a fire fight we were required to have our facts square with the official report as submitted through the Chief of Staff to Saigon. Thus, if we found that the company involvedin the.operltion claimed two kills but the official report read ten, then ten i.twas . Since it is well known that a high kill ratio was a big asset to a company or battalion commander seeking pranotion, there was a tendency to exaggerate the body count. Since it was also a favorable reflection on the Com manding General when a large number of enemy were killed, there wasn't muchlnfluencefrom higher up not to exaggerate. Thus , it developed that our Chief of Staff, Colonel D.tquemln {now a Brigadier General) killedmore enemy soldiers with a few bold strokes of his Parker T-Ball jotter, than all the artillery, air strikes and fire fights combined. Besides the obscene, ghoulish and necrophagous behavior this policy endorses, it also leads the way into other errors. Ironically the general staff in Saigon and the administration in Washington believe these phony reports, and base crucial decisions on them, viz. the invasion of Cam'.Jodia and the unfortunate ''light at the end of the tunnel th!:!ory." If Arm y journalists were employed independently and conflicting sources of i.nforma tion allowed, perhaps a more realis tic approach to the tactical situa-:ion would be possible. Perhaps we would not have the burden of maintaining committments based upon fraudulent reports and gross misrepresentations of the facts. But then we would have to bear the burden of the truth and in this case it might prove to be a heavier burden than the lie. (Mr. l\e1111y rece11tly returned from duty i11 Viet11am where he was a11 Army Combat Cvrrespo11de11t JiJr the ./th fllfantry Dil'isio11.)

Current Student . Population Figures MEN 2·1·0

197 72

3·1-0

58

WOMEN :rOTAL

15

214 87 59

327

33

360

152 79 64 40

11

163 88 65 44

335

25

360

Special

3

1

Other

4

0

4 4

1·1·0

1· 1-E 2-1-E 3·1·E 4-l·E

17

9

1

4

---

--

728

TOTAL

TO THE EDITOR On behalf of our Board of Trustees, let me congratulate you on the award to .Equitas in the contest for the best Student bar Association Newspaper or Journal. Good work. carry on,

Sincerely yours. Charles W. Froessel Chairman of the Board

FRIDAY, OCTOBER 30, 1970

ABORTICARE??? BY DAVID MEISELMAN A society's degree of civilization is measured by the degree of _protection it affords to the weak, the helpless, the powerless and the aged. There can be nothing weaker, more powerless or more helpless than the unborn child in the womb of its mother. Does the fact that it is housed in her body give the mother power of life and death over it? (See Prosser on Torts, 3rd Ed., 1964) This question cannot be reduced to one merely of equal rights for women, but moreover one of recognition and protection of the rights of others too. What are the rights of a child? The father? The doctor? Isn't abortion the execution of a child without benefit of counsel to plead his case, without trial, and without right of appeal? What voice is given to the father as to whether his • child ~liall live or die? How many of us with "liberated"minds favoring legal abortion have looked at this discussion from the point of view of the physician, the man having to actually perform this operation. A physician undergoes years of training geared for one purposeto save life, not to take it, To a man well drilled, both ethically and technically, in keeping one's heart going, abortion is emotionally distasteful and com:,letely antithetical to his coJScience. Dr. Lindsay Carter in the Philadelphia Evening Bulletin (6/ 4/ 70) reports that many doctors in the USSRperforming abortions have experienced an erosion of morale to a point of

PAGE SEVEN

NEW YORK LAW SCHOOL

requiring psychiatric care. It is true that not every doctor is opposed to abortion but what of the rights of ·doctors , medical students, and prospective medical students who do oppose it? If abortion becomes a comm on medical practice, students may very well be discriminated against in admission to medical school, in securing residency appointments in obstetrics; a nd doctors may be discriminated against in obtaining hospital s tatus, staff and/ or teaching positions. Why is it that none of. the proposed resolutions favoring abortion include an "anti-discrimination clause" ? Where do these resolutions state a "conscience clause" relieving the physician from liability for refusal to perform an abortion? We seem all hung up these days on "rights" and "civil liberties" but why have we neglected to protect the healer in our society? Why shouldn't his freedom as a physician and as a man be honored? Even in Japan where the m ost unrestricted abortion law in the world is to be found, Dr. Yukio Manabe, conceding that abortion is not the proper form of birth control says, "Artificial abortion, regardless of the stage of the pregnancy, cannot be considered a normal means of birth control, . not · only because it involves an operative intervention, but also because of its moral and ethical implications." Ethical standards, be as they may, are well supported by numerous medical grounds for opposition to abortion reform.

ternal m or tali ty. Also, there is It is frequently claimed by pro• evidence that it will increase ponents that therapeutic abortion fetal loss in future pregnancies performed in a good hospital is where the chlld is wanted by a commonly safe procedure, This the mother, is false according to statistics. Every reasonablepersonis conIn the World Medical Journal cer,1ed about the delivery of an (Vol. 13, 1966, pp. 78-80) it was abnormal baby and so a great reported that in the Soviet exdeal of pressure , has been deperience with free abortion operveloped in this area. There are ative mortality was 0.7 to 1%, certain uncommon caused of feperforation of the uterus and its tal anomalies but even withm odconsequences of hemorrhage ern methods it is impossible to shock being the most common tell for sure when a child will cause of death with inflammatory be born with defects, A precondi lions occurring frequently. diction can usually be based only And in Sweden there were 44 deaths per 100,000 abortions. This on probabilities. Thus, a significant number of potentially noris to be compared with the U.S. mal children will be killed to national maternal mortality rate prevent what may be only a miof less than 3 deaths out of enor birth defect. This is not very 10,000 live births. "therapeutic abortion" but raIn the March 1, 1969 issue of ther fetal euthanasia. Where the American Journal of Obstelife or death is the issue it trics and Gynecology discussing is not unreasonable to insist Colorado's first year of experthat a duty is owed to the livience with the new abortion law, ing but as yet unborn fetus. it was stated that "on review of If the doctor errs in l:ris diaghospital records, we were imnosis or is engaged in a thrivpressed by the spectrum of coming abortion practice, there is plications that followed therapeuno appeal from his decision, no tic abortion procedure. Hemorrehearing and no retrial. His rhage was the outstanding one judgement is final, conclusive and with 8% of the patients requirirrevocable. ing ar least one transfusion." The crux of the moral and leThe pro-abortion reformists gal debate over abortion is, in state that liberalization will reessence, the right of the woman duce criminal abortions, but ato determine whether or not she gain this is not borne our by the should bare a child versus the evidence. Doctors in Colorado right of the child to live. Proreport that even while therapeupone,1ts of liberalization feel that tic abortions were performed. the fetus has no right to live incidents of admission for septic until it has reached the 28th week. abortions were not a tall reduced. On the other hand, some docThere is absolutely no foundators feel the fe tus is human from tion for saying that liberalized the time of conception, and so abortion laws will reduce the criinterruption of pregnancy cannot minal abortion rate and it is very likely that all we will do be justified from the time of is increase the overall total of fertilization. It seems logical abortions. Thus it is not unthat the fetus deserves recognilikely that liberalization may intion when it is implanted in the crease rather than decreasemauterine if we take the definition

of life as being present when an organism shows evidence of individual animate existence. It is alive because it has the ability ,to reproduce cells. It is human because it can be distinguished from other non-human species and once implanted in the uterine it required merely time and nutrition to develop into one of us.It seems quite irrational to some doctors , even if . convenient, to choose a given point in a woman's biological continuum- e.g., the appearance of the heartbeat, or the feeling of movements- as the beginning of human life. We often hear that the decision to abort is a medical one and should be left up to the doctor. But is this really a logical position for a doctor to be iri:? Does he even want that responsibility? This is just as illogical as placing the control of nuclear weapons entirely in the hands of the military. Abortion is an infringement upon a doctor's right to practice his profes sion as learned by him; this statement defined the argument when the ACLU went into Federal Court in September of last year to challenge the constitutionality of N.Y. States Abortion Reform Law, There are many additional reasons put forth by physicians such as: shortage of hospital beds for emergency and involuntary pa~ ients; hospital physicians and nursing services are already innundated with Medicaid andMedicaire patients. How can we cope with what Andre Hellegus has called the brave new world of "aborticare"? In the year 300 B.C., Theocrltus said; "For the living there is hope but for the dead there is none."

ARE WE RAPING OUR ENVIRONMENT? PHOTOGRAPHS BY ALLAN PULLIN

FRIDAY, OCTOBER 30, 1970 .

NEW YORK LAW SCHOOL

PAGE EIGHT

Interview With Judge Van Voorhis

The Role Of Jl,e Insurance Agent On The Estate Plan~ing Team BY DAVID RASKIN

BY ARTHUR ZELLER

The editorial staff of EQUITAS will present in coming issues, papers written by specialists in particular fields relating to the legal community. The following article deals with the iole of the insurance agent on the estate planning team. The author, Mr. David Raskin, is an agent for The Home Life Insurance Company, a member of the Association of Life Underwriters and of the New York City Chapter of Chartered Life Underwriters. In addition, he was appointed to the Home Life Insurance Company President's Council and is a member of the Million Dollar Round Table. The Estate Planning Team should consist of the Attorney, Trust Officer of the client's bank, the client's · Accountant and the qualified Insurance Agent. Of this team, only · the agent is concerned with the creation of capital and the adequacy or sufficiency of this capital with respect to the requirements of the client's family. To fulfill his role, the agent must determine the income, requirements of the family if the client is not living and amounts to be set aside for emergency, e(jucation, mortgage, final expenses, taxes, debts, probate, administration, and executor's fees. The agent must first determine whether the family income requirements should be provided through the use of principal and interest, or interest only. The capital required to provide income without touching principal is obviously greater. • A current statement of the· client's Social Security Account should be procured by the agent, with the client's approval, to determine what benefits, if ·any, the client's family would be entitled to if he should die, and what his retirement benefits wo~ld be if he should live to retirement. A current listing of the client's assets is necessary, and the possibility of inheritances should be discussed, A determination as to the desirability of retaining certain assets such as

stock in closely held corporations, minority interest, speculative investments, etc. should be made. If there is additional capital required to complete the Estate Plan, it is the agents duty to sell the proper insurance to cover this shortage. At this point, after having determined how much, if any, additional life insurance is needed, ;consideration as to the ownership of the policy should be explored. If the client owns the policy, then the face amount of the policy will be included in the client's estate for Estate Tax purposes. Consideration, therefore, should be given to the possibility of having someone or something else such as a Cor_poration or a Trust, own the policy. If the client is a stock holder in a closely held corporation, the policy might be purchased by the corporation and be used to guarantee a m'a rket for the client's corporate stock. At this juncture the agent should contact the client's accountant (it is assumed that the agent has the client's permission to contact all the other members of the Estate Planning Team ) and present his plan as to the am ounts of life insurance necessary and the use of the corporate dollar to pay premiums. · It is important that all questions be answered by the Estate Planning Team before the client is presented with the final solution.

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Judge Van Voorhis, a distinguished retired Justice of the New York Court of Appeals, is presently teaching a course, concerning modern trends in the law at NYLS. The following remarks are a partial transcript of an interview recently conducted with the judge. Would you give us some idea of the topics to be covered in your course? "The course deals with a disc~sion of important ~hanges maae in recent years in cas~ law - f.or example: Re- · api:iornonment, Products Liabil~ty, Development of Rights of Pi:vacy, Chan~es in what. consr:U!tes a ~lie purpose_in eminent domain, Recogninon of

out of state divorce, Freedom of · expression in regard to standards in obscenity cases, and other notable changes particularly in Constitutional Law in the civil field. The course touches only tangentially the multitude of change which has occurred in recent years in the statutory law. These specifics are also used to illustrate the methods DAVID RASKIN of development and change aThe Agent should be in contact dopted by courts in developing with the client's Attorney during the common law and constitu• the preliminary stages of the tional law to changes in the times, Estate Analysis. ascussions particularly in respect t6-tp.eapshould be held as to the ability plication or non applicationin the rule of stare decisis." of the client's heirs in managing money, the advisability of the What measures do you think heirs trying to run the client's are necessary to cope with the business, etc, If, at this time, challenge to the present trial syit is decided that the client's stem, implicit in the disruptive ~orporation is going to purchase tacti<? _employed by people such insurance on the client, proper as William Kunstler? agreements will have to be pre"I'm keenly aware of that, The pared to instruct both the corUnited States Supreme Court has poration and the client's estate ' recently approved theconstitionas to their duties if the client ality of a number of methods dies. The client's will should Continued From Page One used by trial courts in trying to be reviewed and the necessary retain their character as bodies changes made, The Attorney for the administration of delishould instruct the Agent with ment, re-appointment, promotion be1;ative justice, This course, respect to the beneficiary and status of full-time faculty which I am teaching, does not arrangements respecting all the members. particularly focus on subjects insurance policies. · like that in as much as I take If the policies are to be paid PLANNING COMMITTEE.: Dean for granted that the American · Rafalko (Chairman), Profs. public will not choose to sacrito Trusts, the proper designations should be secured from each LoLord_o and Schwartz. The . fice the deliberative administrains urance company. If Trusts Planning Committee deals with tion of justice. In order to do are to be used, the Trust Officer those matte~s affecting the longthat, it is necessary for the of the client's bank should be ran~e planrung of the Law School, courts to deal with change in an contacted and the proper wording as distinguished from the day-toorderly manner by distinguishas to the beneficiary designation da_y administra.tion of school afing between _what is applicable should be secured from him. The fairs. to modern conditions of the exTrust Officer and the Attorney . perience reflected in older preshould combine talents in creatACA?EMIC STA 1US CQ_MMITcedents, and what portions of the ing a Trust that the client's TEE. Dean Rafalko (Chairma~), older decisions are ·archaic and bank will accept and administer. Profs._ Ll.igan a?d Koffler. This should be discarded or modified Careful consideration should be co,1lmttt_e e considers all matters to conform ·to present day sogiven to the types of investments concerrung th~ s?1tus of S tu dents, ciety and business. This can to be authorized and as to who s1;1ch a~ a~issi?ns, re-admisbest be done I think, by paying will be the Trustees. Trusts sions, finan~ial aid, _s cholarships attention to the specifics of the are many times used to avoid a nd graduanon reqmrements. points of friction which engender Estate Taxes in the wife's estate. RULE COMMITTEE· p f Lee the litigation with which the Unfortunately.many times the (Chairman) Profs ·M ro · d courts daily have to deal. We wife is made sole Trustee of the Setaro Th~ establi~hm~~o/nll try to confine ourselves as much Trust, and therefore the Trust's necess.ary rules con _a as possible to specifics rather . d . ncerrung than ge liti ., assets are include in her estate Dean-Faculty Dean-Stude t d nera es. which fefeats the primary purIntra Faculty ~elations fall ~'i~n Do you believe thatspecialmeapose o, the Trust, the province of this committee sures must be adopted to deal The Agent should by this time · with revolutionary groups now have done an in-depth analysis FACUL TY,,STIJDENT ADVISoperating in the U.S.? of the client's present insurance ORY COMMITTEE: Dean I<a.falko ''The implications of what you've contracts. Clauses of the con(Chairman), Profs. Koffler, Silasked are obvious. Nobody knows tract should be studied to verman and Means. Sutdent Rewhat will develop from these determine whether or not certain presentatives are Marshall Litmo\'ements or from the reaction options in the policies are availman, Barry Weiman and Mike against them. Insofar as courts, able to the insured, For example, Weber. Mr. Harry Ostrov is lawyers, and law schools are inmany contracts do not have a the alumni representative. This volved in coping with these and "joint life and survivor annuity committee may considerallmatother problems, I think they do option". This <:>ption allows the ters affecting the Law School"s best to stick to their knitting insured to use the cash values interest and welfare. and try to solve the problems of his policy to pay -a monthly and the controversies arising beincome to him and one other P_ROGRAMS ~OMMITTEE: Prof. tween individuals and organizaperson for as long as either of Simak (Chairman), Profs. Lotions in· an orderly, as well as them lives. Many insurance Lordo'. Kelman and Avner. This fair manner. There are no contracts do not have this option, committee conside~s those propanaceas, there must be orderbut the company will attach it grams not deal: with be. any of liness as well as change; law to the policy if requested to do the other committees, and con• and it's administration are as so. There are many other options cerns itself with such items as full of complexities as human which should be available to the special lectures, speakers, solife. That is what makes it so client for flexibility purposes. cial matters and faculty affairs. fascinating." Approximately two dozen p o i n t s , - - - - - - - - - - - - - - - - - - - - - - - - - - - - in each insurance contracts should be scrutinized. TheAgent EQUITAS Non-Profit Org. should also file the insured's New York Law School U.S. POSTAGE and all beneficiaries' birth cer- 57 Worth Street PAID tificates with all insurance New York, New York 10013 New York, N.Y. com::ianies and secure a statement indicating that the companPermit No. 9934 ies have accepted these certificates as proof of age. This is something which usually has to be done sooner or later, and it is easier to do it while the insured is living. The Estate Planning Team sho:1ld ultimately draw a report and present it to the client as a collaborative effort. This should be done in such a manner that the client need not have a legal, insurance or accounting background to understand what is being proposed. Assu mingthe client agrees to accept the proposals, the Estate PlannincTe3.m should now coordinate their a ctivities to complete the client's Estate Plan •

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