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The New York Law School Reporter, vol VII, issue VI, October 1989

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· _by Daniel M'oallem and B.-Sbaw H:05 A.M. Sunday October· ise. A lone security g ard, patrolling the perime-r= ter of N.YLS, discovered -the main door, . leading ·to .the Mendik Library; unlocked. Acting upon his own 'initiative, the security guar entered the construction site-and performed an immediate inspection the pjemises, - Entering a room on the first floor, which contained the blueprin s for - the library const ction, the guard disco_ vered that the new .sheetrock walls were·

and _padlock, -however,-"tfi~ security· guard .discoveted _that the loek was not ,properly secured. The guards, wh_o are not responsible for the security of the_ construction site_, contacted their. supervisor, Geerge _ Hayes . who . netified the contractor. The - contractor is re:spo.nsible for securit:x on ·site - during constructi9n. The police :\Vere never called. · · This i-atest incident at the Jibrary cop·structfon- site occurred ·.only two_ weeks ·.after _anoiherpossible break-in attempt was - thwarted by our fast-actfog security staff. At that time,_ a. white - male was discovered _ trying to gain entrance to the Mendik Library through a· first·Jloor window in the _entrance vestibule. Upon di§covery, the -suspect fled and nq arrest'was made ... After the incident two weeks ago, four - - flood lights were "installed in th_e entranceway of the building ·a'S an - added s~cucity ···measure. A':s of Sunday· the "i5th ot Oc-- _fooer.; oh]y· ~n~ light· was in-operatiollal · order._ fo a~dition, - the .fights -instaUed·

of

destro etl. Bel] evmg tfiat the perpetrator was· pessi- · - bly still on the premises, the guard. called - .: fOF back-up to conduct a thorough search _of the building. Responding to the. can, ·1h' ·weekend security staff proceeded to swee - the building for. further signs of the perpetratorior perpetrate . Pindiilg no trace of the perpretrator on the premises, the guards returned to.rhebh eprint storage-~ - rn. T!Jere,,·~e~Jeeurity.guards discov. '.·.er~<t th'.a lhe room had been ransac ed anct _:'?l _ , W:bat hadbeen u8~~. .Pi1 ~j>oo ~-~: "too box. Iris notknown atthis time_wha( _ire s are_ missing. ~- · _ Up!)n _le- ing. the building, a blood- stained -blueprint. was found which had been~ discarded at the ei:iitance, possibly ·indicating that the vandal injured herself- during th conduct of her nefarious deeds, . ,_,.,,.+.,_.,_, ~-'-'·-----·''''"'·- .-_-_,, ,,,_,_, _ ,"_ -The e!lfnince to the Mendik Lioraey con- · _.stmctien -site is usually ·locked by chain -

undet;~~affuMmg~_.wtire . erve·_aJiua_

·... tpos -0£-seG:UFity--tigntifi.g ·as·We"l} a~ H- Jlunina1ing~.the ~walkway for ·pedestrians, - _,_, .':,.- "'\Vere not operating this-"weekertd:-· . . . 1Qis rash_ of bre~~ins point to. breaeh - of-sec.uriiy at NYLS. The Mendik Library - is the '·'showcase of this· century oJd in- , stitution~ Wh~t will be done to prevent this . from occurring again?_ '

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_ Aft~r hav_ing her application_ dismissed-- -refusing to consider her allegations. m the -Supreme Court, New York- County, Susan "M,tt a former;NYLS sriident Who was dismissed for ~eademic difici~ncy,, has wen. a reconsideration of one of her. ·final grades thro~gb a r.ecent Appellate di.:. yi-sio ,, First Department decisien (In tlle Matter of the Applic.ation- of Susan ~'M~'. v. New. York Law School, A.EJ.2D 544 N.Y.S.~.829 {App. Div. 19-89}). Tne m(:ltte has been remanded for reconsideration to ew York Law School · wrro is presently seeking ~ leave·to appeal to the Court of_

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S-usan "'M'' trren brought suit ~halle-rig- . in N¥LS's decision to dismiss heF and · ·see~ing _·reinstatement. .. New -York Law_ ScltooL represented ])y .Kramer. Levin. Nessen .. Kamin & Frankel. won a dismissal in Supreme Court and argued before . the-Appellate -Division that .. absent some· concrete allegation of improper .conduct .. Editor- of LalY _Review, 4ori Sherman Defects- fo · \a professor's) grading- of. (a student's--) paper is purely ·a matter-of profe-ssional Reporter ... ·c••• ·, • : ••. ~ • ' ••••••••• • pg. 6 - discretjon. '_' In th~ ~chools 's view. fo the - ceurt or even school admi:nistrators to secDIM Sum and "rh_en Som_e-·A Report on the" Chi~'ese Appeals. - ond guess the subjective eyaluation-of an_ Putsuant to -school rules, Susari "'M" essay question_ would infringe upon_., · Immigration Law ~eminai- · . · : . . .. ~ ~ . : . . 3 was placed on academic probation at the .academic _freedom and discretion. end gf her first semester for failing to maln~s. -to the Constitutional Law grade-.. paddy Dea~ejt-.The - Ot~er- Half oFthe Ab~rtiOfl:tai a C. average. Susan HM" thereafter Susan '~'' asserted that he~ professor mis'Equtition . . . . . . .. .. . .. '. ._ . -· .- . ... pg. 17 ha~oo mamtaina semester and cui:nulative led her classmates and herself to believe average or be dismissed at the discretion . that textoooks and o1her materials were - Growing.·With Raciat Tension - in NY--Students of theAdaderoicStatus Committee At the not permitted at the exam, w~en iri fac_t \ . end- of her-fourth semester, she received these materials were allowed. She>~ued- . Speak froTn the Heart . ·. . . ., . . . , .. . . :: ._ pg. 12 a C- in Constitutional Law and a D in ·that the exam should have beeri invali~ated -· Corp0ratiens, her .average falling below a in view of the_ unfair ad ~ntage enjoy~d - _: Karen EtrJma'-- Gets• _Satisfactfon -at. srones· Concert. C. She - presented and written state-'.- by students who took the e:x:am using these .Review_ . . ·. . . . · . : • . •. . .. • : ; . · . . . . ;. . · . . pg. 7 merit~ before 'the Commi ~claiming that materials. N.YLS~ ·accepting argue~do -these grades did not "fairly-and accurately that the misunderstanding was the ,profes- _ Club You Peat With pg.; 4 · reflect- tne knowledge" sfie had demon- · sor's fault, contended no unfair advantage -- strated in bet exam answers. . The resulted and tbat these a_ids haa only a _ . Academic Status· Committee ·dismiSsed margina! impact on.the stiidents' _$rades.-_ ··- ~- Susa11 "M" for a~adell_ltc deficiency after ·~ 9 .- ~- . ~-~~~~~~~~~~~~~~~~~~~~~........:~~~~...;..;..--._:_ _

tN8~DE ·THIS ISSU£:-- _·

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- --NEW YO~-LAW _SC~QOL REPORTER .

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Pro,.BonoPublico

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Editorials, Kead . 'em and ,W~':P ·

The Chinese Immigration Law Serninar-, Asia Watch, Lawyers Committee for was a rare event at New York Law School.. Hum.an Rights ·-and those NYLS students Besides some of the clinical'.courses of-1 who felt confident enough with their inforfered at - our school and taken for cred)r;;· .. mation to actually attempt to' provide adtrue bono" service by .law students vice were ~i~t-aria ~ing earnestly to to benefit people-in need of low cost or: help as many.people as possible. But 12:30 free legal services i . non-existent. Even. rolled, around and innocuous glances at ·the Seminar itself, which was well in tenwatches began to occur. tioned was time consuming. But students. Shortly after 12:30, the majority of the believed tpat the· cause was important: counselors politely excused themselves enough to devote many hours of their busy: and beat a hasty but firm retreat. Many law school schedules, even while sufferpeople had been _helped. 'but some had not ing fromthe classic lawyer's exculpation, been given the opportunity. Though they "my time is very valuable." had been invited as guests they would nor Things didn't get. started until about be allowed to overstay their welcome. 10:30 SQ everyone assumed. it would run to about. 12:30 .. Now- two hours doesn't The Immigration Seminar was a unique seem like much, but after all; the seminar event. and it is probably safe .to say was : ______.-.--··........ ~·-··'•'-. ... . .... ~~ ........-~---....... was only intended 0 give a brief overview one the- first of its .kind in the entire of changes in immigration .. law after tn~ country. The NYLS community. especially defeat of the pro-democracy _movement in ·the administration, should be proud of China last spring. Two hours should be those students and faculty members that plenty of time. Lawyers are overworked contributed their time-and efforts to make to begin with .and Saturday is probably the · the event a success; even though gratitude· Letter to the Editor only free time that they have away from and recognition was not the point of the Frances Chan, Day Division '91 in meeting and convening with other their busy .practices,.· seminar. tie point was to provide free.ad- . I want ·to express myappreciation for · people with similar concenis. Behind the Things were going well, there was a vice to often confused and helpless people the Immigration Update Seminar which Scenes, students .were involved With the great turnout, the Chinese pastries and trying to avail themselves Of the freedom took place on Saturday. October 7. 1989. planning and set up. I remember how unroast pork buns purchased for breakfast and security that we Iike to.believe exists I wanted to share just a few thoughts on · 'formed the idea was in the beginning, were actually. still warm. (Much to in this country. Many people believe (espe- it. The Seminar. was invaluable to the when the flyers were being designed. We everyone's . satisfaction, cheese, yellow ci al i y lawyers) that attorneys possess some -Chirrese community and I thank Asia: real I y had .no idea how it was going to zucchini and garlic dip. the traditional secret and inaccessible Knowledge. Many . Watch, . The Lawyers Committee for · tum out.. It was· good to learn that New . NYLS fare, were conspicuously absent.) count on a lawyer's- special training and Human Rights. and Ne"{ York Law School York Law Schoo I could . pull this· off sueE ven shuttling people fr m room to room, industry· for help. Sometimes 'this help for their sponsorship. Human Rights c~ssfully, through' the hard work of stu- · for specific .inuuigration problems and per- should be given for free. NYLS and its Watch does more· than Watch! I saw virtu- · dents. I al so commend the few who did sonai· counsel ini, Went off without any students should' encourage and active I y .ally each participant ·come through -the so much. An· u n~xpected· benefit was that major confusion... . . · pursue a tr;idition of public service and front doors and we were all pleased 'that I got to meet or got to know better; a few · The counselors were swarmed over, sllr- .· hopef.ully_events such as_ the Chine'se lm- Room 401 was SRO. It was a remarkable . -fellow students. The effort drew the sturounded by groups of people asking them · migration Law· Seminar will tum oUt to event, and the greatest benefit derived was dents closer together, and I thank ProfessOr questions, sometimes tw9 people asking · be the rule i:ather than the exception. · that· many people were lielped, not only · Stfossen for .this result in {>articular. NOw, questions at _once But the counselors from . . . Eds. · by irldlvidual cqunse I ing itnd refeffal, but · onto bigger ideas!

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011t Witli the- New, In _With tfie O~d Fearing that things at ·New York Law ~chooL were running too smoothly, . Associate Dea11 Zeigler in his latest memo . to students has outlined his master plan to create a chaotic ambience during the mos~ frantic time ~f the year by announcing that all late con:iers to exams will be seated at ·the ushers' discretion. Does this mean you will have to wait for a. musical pause? A memo recently' mailed to students, outlining the new testing procedures contains changes that are ludicrous at best. Highlights· of the new procedures include: in cases oflateness exceeding ten minutes, students will not-be admitted into the test- ing room and must report to Stephen Goot _ and no extra time is given; in cases of_ medical illness students must ·report to · Stepher:i Goot who wm then determine the appropriate course· of action. The choices are (I) buck, up and take t . exam, with no extra time, (2) you have 72 hours to bud~ up and take the exarri, .or (3) buck up and take· -the exam the next semes.ter . . in which it is offered, regardless who is teaching it. In cases o death in the family, ~evere illness, and high anx~ety, students must notify Stephen Goot prior to the exam in order to receive a 72 hour extension. · F~r those of you who are unfamiliar wi~~ last year's procedure, le~ us encapsu-··.:

of

_ la~e it for you. Lat~ comers with an appropnate excuse, and a notarized affidavit submitted within24 hours thereafter, were sent to the tardy room and were given the full time· allotted for the ex·am. Major ill-· ness, death i~ the family, and high anxiety were handled on a- case by cas~e basis. · ' Seemed fair enough then, _seems- doubly so now. This is Ne~ York, st~am pipes explode, trains derail, and presid~nts visit. Through t?is - carnage, -stud~nts ate expected to ar. nye pro~ptly, and in a proper state_ of min~)O take an ex~m. Such ted~ous procedures will only heighten the students' already acut~ anxiety .. Perhaps Dean Zeigler d()(fs not feel that students really need the full time to t~e-the exam, ~s in the past '~rofess?r' Zeigler has. ·generously pro-. . v~ded ~1s exa19 questiOns at ·the liQrary . circulation deslc As far as .w·e know, only P.rofessor Roth has followed his charitable exa~ple~ but regrettably Professor Roth is_. no longer here. This, we feel, renders these new .procedures . moot. Since exams are still a month away we beli~ve it is not too late to change the testmg procedures.- We suggest that the re- · vision more closely ·resemble the old testing procedu~s· and be called cJassic testing procedures to" eliminate any~ confusion caused thereby.

Quote of the. Month: Fall behind' eal-ly so you (_

have more tif!le to catch up.

Tf;JE~NEW

YOR~ LAW SCHOOL

Reporter PRIME MINISTER . EVA.N AUGOUSTIMATOS MINISTER OF FINANCE DIANE WOLFSON MINISTER OF WAR & PEACE QILIP MASSAND . MINISTER OF TRUTH D~RREN DOMINA ~MINISTER ·OF ·JUSTICE BRADLEY SHAW MINISTER OF THE AMERICAN WAY ' ALBERT WALLERMAN MINISTER O.F CULTURE . SHIRLEY WONG ~INISTER OF PROPAGANDA· DAN MUALLEM . - AMBASSADOR OF GooD WILL . DONNA SANTIAGO AMBASSADOR TO FRANCE. BENJAMIN FRANKLIN SURGEON GENERAL -· ; · "BARRY BLOCK OMPUDSMAN ·LARRY SIRY·. · .HOUSE-OF·PEERS .''·- . FR~~~EJCHAN, DON LASH.ANTHONY DiNOTA, PHILIP-SPYROPOULOS MARIOCORONAS E GEORGE, JENICE MALECKI, OSCAL McDONALD ELIZABETH NOCHLAND • KAREN EMMA.' LORI SHERMAN, ALEXANDER RO~ATTI, PETEJGEORGALOS, CHRIS v°.G. · INDIGEN0US TRIBE . TED 'ZAFIRIS .·SPECIAL THANKS TO JEFF DICKEY _ FOR JJEING SO SPECIAL

.THE REPORTER invites intcrei.'tedparties to subm·i · I · I . · ·: · , · Board. THE REPORTER, 57 Worth S~t . a ~o umns, ctters. a_rt•cles, cnt1c1sms_ or suggestions to: The Managing THE REPORTER which is .ublished · '.Room<: 102• New Y~rk, N.Y. I0003.-Telephone: (212) 431-2117. . · Persoru interested 'in submi:ing ~ wr::;,,~~~~~nd;;";h~e.ac1adcm•c;,~· ~a,:;,n.o~~nion.column~.ntitled ''.VIEWPOINT.:·· · REPORTER. TllE REPORTER reserves the right t - ed:'itc~Iumn s .. ,u a '' VIEWPOINT and submit itlo THE, 0. 1 a .matena accepted for publication. ·' ·College Press Service Subscril>er. · ·. . _ : ,


• OCTOBER

NEW YORK LAW SCHOOL REPORTER

1989

ATTEN1]0N- ~ HEALTH IS ON~l'HEWAY As you all know, there is no exercise: _ facilities (translation-gym) available to New York Law School students. Until now, we have had to find a health club on ourown and pay the going rate for the privilege of working out, but no more. A full service health club with weights; aerohlcs, steamrooni, etc. will now welcome NYLS students. The regular membership rate is $599 a year, but thanks to the negotiating skills of the Business Law Society, any NYLS student or a friend of an NYLS student may join for $199 'a year. But there is more. We also negotiated a deal whereby. if 75 people join, we will receive memberships for 225 people. This means that if 225 want to join, it i~ only $129 a year.

No club could possibly beat or match that deal. · · . The gyin is walking- distance from the school, being on Houston St. and Broadway~ and is open from 6 am-II pm. For more information stop . by CI 07 or call extension '817 OF 865 and ask for. Darryl or Marty. This deal is brought to you courtesy of the Business Law Society. *Note--:-This offer is the result of continuous negotations with several clubs throughout the city. Neither. Business Law or any of its individuais involved -in the Amnesty International is an indepennegotiations is an employee of or receives dent worldwide movement working for the any bonus, commission, or any other com- release of all prisoners of conscience, fair pensation from the _club. ; and prompt trials for -political prisoners, and an end to torture and executions. The ---=-----=-~~:---~~--~--r--:--::-~:;.-------.::;;;=....;;;;.;;..::....::=~~~.....;_:==-=_;_,J New York Law School branch of Amnesty will run a· letter writing campaign. on Oc- .

Art, Entertainment, , and Media ILaw· Career Symposium

AMNESTY

· INTE:RNA'flONAL

SBA Upddate Mid Year: Senate Election Results °J arries Frisbie

HELLENIC

Christine M. Guerci -J?o you want to know what you may be domg after Law School?? . · . -Do Y<?U want -to find out how to get mto the Art, Entertainment, and· Media. Law fields?? -D~ you want to know what ·being a lawyer m these fields is REALLY like?? ***Then SAVE THE DATE, Wednesday, November 15, 1989 at 5:45 p.m. Where? · The faculty dining room 5th floor C build- · ing*** There will be a 'Symposium - followed by a rece~tion sponsored by the Media Law Project. The topics of discussion wilt be the fields of Art, Entertainment and Media Law. Guest speakers will be 'from . firms and in house counsel from New Y-ork City. the speakers will talk about their ex-. periences in their fields and give advice on how to get involved in their areas of specialty. After a short talk from each of the guests they will be available to answer any questions you might have concerning these i~~reasingly popular, and highly compe;~nve, fields of law.

PLEASE COME AND BRING YOUR QUE~TIONS WE'LL- PROVIDE THE.REST

NO

THAT'S ENTERTAINMENT

-tober 24th, 11 :00 A.M. - 4:00 P.M. We are asking people to come to the lounge to write a letter for a political prisoner abroad (in exchange for a slice of pizza). We are also planning to host a symposium in November-on apartheid in South Africa.

Bill Kasten

LAW

Teresa Kondrup

SOCIETY

More SBA.· NEWS

Interested? Call Phiilip .at (212) 249-0403. - or 'keep an eye out - for ourfirst meeting.-

THE

The SBA is co-sponsoring a Halloween Costume Party with ~AD on Thursday Oc- · tober 26th from 6:00 pm - 11 :00 pm in the student lounge. There will be beer, munchies and _a D .J. Night students are encouraged to attend after their· evening classes - there will be plenty of refreshments left! ·

~

On October 4th the SBA Senate chartered the NYLS chapter of the ACLU. The · NYLS/ACLU is located in room C-102. Anyone wishing to join this organization f!lay drop by the office. -

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' . Exec_uti re Di:ec~cr·~ .· :: -. . ;

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. restaurant ·in the heart. · : . ·o/Tribe~a

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• OCTOBER

NEW YORK LAW SCHOOL REPORTER

1989

ATTEN1]0N- ~ HEALTH IS ON~l'HEWAY As you all know, there is no exercise: _ facilities (translation-gym) available to New York Law School students. Until now, we have had to find a health club on ourown and pay the going rate for the privilege of working out, but no more. A full service health club with weights; aerohlcs, steamrooni, etc. will now welcome NYLS students. The regular membership rate is $599 a year, but thanks to the negotiating skills of the Business Law Society, any NYLS student or a friend of an NYLS student may join for $199 'a year. But there is more. We also negotiated a deal whereby. if 75 people join, we will receive memberships for 225 people. This means that if 225 want to join, it i~ only $129 a year.

No club could possibly beat or match that deal. · · . The gyin is walking- distance from the school, being on Houston St. and Broadway~ and is open from 6 am-II pm. For more information stop . by CI 07 or call extension '817 OF 865 and ask for. Darryl or Marty. This deal is brought to you courtesy of the Business Law Society. *Note--:-This offer is the result of continuous negotations with several clubs throughout the city. Neither. Business Law or any of its individuais involved -in the Amnesty International is an indepennegotiations is an employee of or receives dent worldwide movement working for the any bonus, commission, or any other com- release of all prisoners of conscience, fair pensation from the _club. ; and prompt trials for -political prisoners, and an end to torture and executions. The ---=-----=-~~:---~~--~--r--:--::-~:;.-------.::;;;=....;;;;.;;..::....::=~~~.....;_:==-=_;_,J New York Law School branch of Amnesty will run a· letter writing campaign. on Oc- .

Art, Entertainment, , and Media ILaw· Career Symposium

AMNESTY

· INTE:RNA'flONAL

SBA Upddate Mid Year: Senate Election Results °J arries Frisbie

HELLENIC

Christine M. Guerci -J?o you want to know what you may be domg after Law School?? . · . -Do Y<?U want -to find out how to get mto the Art, Entertainment, and· Media. Law fields?? -D~ you want to know what ·being a lawyer m these fields is REALLY like?? ***Then SAVE THE DATE, Wednesday, November 15, 1989 at 5:45 p.m. Where? · The faculty dining room 5th floor C build- · ing*** There will be a 'Symposium - followed by a rece~tion sponsored by the Media Law Project. The topics of discussion wilt be the fields of Art, Entertainment and Media Law. Guest speakers will be 'from . firms and in house counsel from New Y-ork City. the speakers will talk about their ex-. periences in their fields and give advice on how to get involved in their areas of specialty. After a short talk from each of the guests they will be available to answer any questions you might have concerning these i~~reasingly popular, and highly compe;~nve, fields of law.

PLEASE COME AND BRING YOUR QUE~TIONS WE'LL- PROVIDE THE.REST

NO

THAT'S ENTERTAINMENT

-tober 24th, 11 :00 A.M. - 4:00 P.M. We are asking people to come to the lounge to write a letter for a political prisoner abroad (in exchange for a slice of pizza). We are also planning to host a symposium in November-on apartheid in South Africa.

Bill Kasten

LAW

Teresa Kondrup

SOCIETY

More SBA.· NEWS

Interested? Call Phiilip .at (212) 249-0403. - or 'keep an eye out - for ourfirst meeting.-

THE

The SBA is co-sponsoring a Halloween Costume Party with ~AD on Thursday Oc- · tober 26th from 6:00 pm - 11 :00 pm in the student lounge. There will be beer, munchies and _a D .J. Night students are encouraged to attend after their· evening classes - there will be plenty of refreshments left! ·

~

On October 4th the SBA Senate chartered the NYLS chapter of the ACLU. The · NYLS/ACLU is located in room C-102. Anyone wishing to join this organization f!lay drop by the office. -

Q1·1s1s

~·.ewnork· HOUSING· -~

:t{.~~ .

BON: N IE. B ROWER Assi:i".~

' . Exec_uti re Di:ec~cr·~ .· :: -. . ;

. .

. restaurant ·in the heart. · : . ·o/Tribe~a

:

P8rt:JeS , - : .

·

..

·.,..!6N· OF~·NE~GHaO~ooo_

~~;;·~(-;

.

BOUSI~G oML~P·ERS · . -,

-- - ~D-:~

' :- .: :·. · _, ·; rt·~ r><~ . __g_--_ · Ez1n ,L ..

.~R~. · __ Now For '1bur . - Holiday

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NEW YORK LAW

OC10BER 1989 • .·

•Page 5

SCHOOL REl>ORTER

LECTURE ON REPRODUCTin RIGHTS : The Rights rif 'Minors - . · . · by Jenice· L~ Malecki On October 19, ACbU representative Simon Heller- was sponsored bythe Legal ~ · Association for Women (L.A. W.) Jo speak on the. three reproductive freedom eases coming before the Supreme Court in the next two months: Turnock v. Ragsdale, Hodgson v. Minnesota, and State of Ohio v. Akron Centerfor Reproductive Health. -

AH

three cases· concern restrictions on the .abortion-rights of women. 'The rights of minor females were the focus of the discussion; . . . . . . "Minorrights," commented Mr. Heller; a special area in thelaw," The rights of adults," he continued. "There are greater. restrictions on minorsthan on· adults." The ACLU position, according to Heller, is on "tricky ground." They will argue that· the Court's previous decisions . upholding restrictions on minors access to abortions . have rested on incorrect assumptions . on what effect such statutes would have on minors. These statutes would necessitate that minors obtain parental consent or judicial bypass (~ showing of "maturity" or "best· interest"). - _ ~ . . _ "Compromise on minor rights," is the real problem in these restrictions on 'abortion, .according to Collen O'Connor, the ACLlJ'$ National Public Education Director. "The broader set of questions" revolve around the court saying that "young people do not have the same rights" as adults. -_ . "Not good for the ACLU position," commented Heller is that Justice Stevens recussed. . himself - from participation i the Turnock case. Although the-reason is presently un_known, Stevens has been recognized as holding.a pro-choice position.. There is also·· ·settlement negotiations going-on in Tumock, and Heller admitted that it was "difficult io discern if that would be good or. bad." Heller does believe, however, that "pro-choice . activists' mobilization has beeneffective" -in persuading legislators not to restrict abortion. in certain states. _ · · Also present at the presentation was Professor Ralph Brown and Professor Nadine · _ Strossen, - both affiliated with the ACLU. -

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Exam Hinf i: ·wevei: write tfie text of the Emmanuel js silent on this-issue.

There's -That Reporter ·. · News Van Again '

· B~ _;\ft· Ovemiglll Media - · llarlhlg JoiD ·The Reporter


· OCTOBER

• Page.17.

NEW YORK LAW SCHOOL REPORrER

1989 •

SOmetimesyqµam Whatyou don%eat.

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.Don't eat a thing onthe Thursday befere Thanksgiving._Then join _ the six million Americans who, since 1973, have mailed usthe money they saved to support our life-saving projects. you'll not only learn what· it's like to go hungry. You'll know how good it feels to help those who _ are. Please write: "Fast for a Wmld Harvest," 6

o~·rt:

And there's the World Trade Center : .

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115 Broadway, Dept. 4000, Boston, MA 02116. · lil.3Ill i~ · Orcall for more information: (617) 482-1211:Atnenra1 ~

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AND JUSTICE--FoR· SOME By Peter Georgales

We are nearing the close of yet another decade, the 1980's. This has been a decade _ mar k e d by peace, vio . 1ence, tur b u 1 ence, ·and tears. One thing that has remained the same during.this period of time, is, a fathers' right in his unborn child. His rights have not changed during this period ti Th . ·~ . o f . ime. ne re~on rs .qm~e simp 1 e, ~father has NO- nghts with regard to his . unborn child. Why is this? In this day and age when individual rights are valued as dear as life . . . . itself, how can a man be demed his nghts. · see. h'1s un b om c h'1 I d hve? · · to Has anyone . . . pondered this simple question? Is the female. part of society still blinded by the old stereo type that a tnan is incapable of the understanding and sensitivity that a 'ld d Id h t c h 1 _ma:>: nee . 1 wou ope no . Is it fair to sav that a woman has the "right" to do what she wants with the unborn child simpl>' becaus~ it_is in her bod~?

b t t · t c · · 10 e o a 11 y accura e, 1 . am rerernng m tfii rt' L t . d d 18

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. . . c 1 aims th at t hey are not b emg treate d as mg t he lif t e o f h.is un l1o m c hild? 1 . - . a ice 0 mame coup 1 es an unmar- equals by men. However, are they not -Is it truly possible to imagine the pain ne~ c?µp~shwh~ hahve rea~hded t?e age of doing the same to men in this situation. and anguish and the feeling of hopelessma1on~. er;is t e consi eranon to the What the women are telling us is that "this. ness a father must feel, being able to do potential father· True,~ woman does have is my body, I will do what i want with it nothing for the uribom child, ·but just leta greater. burden during pregnancy. A d t - t ·t "Whil · h · th d · · t b- rt t t 'th woman much ca the child for nine _ ~n you !11us .~ccep •: . ~ e ~tt e sa~e - tmg e ecision . o a o .or no res wt . h Sh ITY1 d . h h · d time their claims of discrimination and m- the mother? We have always heard the. premont s. e must a so ea 1 wit t e me · · · f h -· Wh . ff f h . h. d .equality go undaunted. Is this not pretty . gnant woman's side o t e story .. ~ en 1 0 1 ica e hects t e p~egnan~y. h st~~ a ~o~ one sided? was the last time the story was told from ~noh~g. rebason ht~ld~~Tyha at er .is· ng ts Granted that the burden is on the the father's side? · m 1s un om c 1 . e answer 1s an un· . "NO"' · woman. However, snould she not even What this article will hopefully achieve 1 eqmvoca ·. h es.'> What i f the· 1s · an aw akenmg · · g1vmg · · d e1erence ~ Is"'everyone a· ~~ th t ·r d cons1·d er t h e f at h er 's w1s m to an · wa.1e a 1 a woman oes .c. · • h I d b . ·. 1ather want~ the pregnancy to go to term expectant father's· w1s es. n OJi er to eco:e pregnhant ~nd - does wa_nt to have and woman does not, who wins? Is i! fair achieve $Orne equality there must be a shift . anl ~ Q~on, s e ·i:nay do so without con- to the boyfriend, what ~bout the father? · in power protecting a father's rights. Since suh.tlidngAthe potential father of. the unborn Who wins?The wife wins and ·the husband it takes two people to-creat life, should it .c 1 . woman does not even have to tell is left t · ·th Id H ~ th , ak b . '>Th' . h lhe father she is pregnant. ou m e co . as a 1a _er s roe1 not t e two peop 1 e.to a ort it~ ts 1st e · been_ r~duced to just a sperm· .making ·question that needs to b.e answered. What . Wt;. are constantly hearing. the discrimimachine? ·Even_ if this is true~ does· this I have_ proposed is nQ(the ·~swer, it is nation women are going through. The not give the father some interest in preserv- just a beginning, toward jusJi<;e for all. -

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NEW ·vORK

OCTOBER 1989 •

Start Me Up

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SCHOOL REPORTER

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·. . ··_- *~. .volume Professional Responsibility .- ~ · .· , : . .- · · _ · .. . ~

. L.awstuden_t'sdiscount~UI25willbededUctedfromtheCostors1,016 · · . fbr,a~y studentsti~I in law school who registers for the Pieper New York Mult1StateBu ReviewCourse by November l. 1989._ . . · . · .

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NEW YORK

OCTOBER 1989 •

LAW SCHOOL REPORTER

The Tree That Knew To0. Much birds with sweet melodies to sing, a11 of them building nests on the trees. The birds "They're going to turn me Into a pen- were the forest's only source of discontent cil !", shouted the tree. . ·· in these virile days of spring. These little The other trees, startled from their age- creatures were not like the other poor old hibernation, looked at it with confuthings, that had to crawl and live on the sion. . ground, swim in bogs and ponds, climb 'They're. going to turn me into a pen- and jump and.always chase and be chased cil !",again exclaimed the hysterical tree. on the soil; condemned to a life on the "Shut up and go back to sleep, you "re earth, like a tree, but with no peace and having a bad dream." said a neighbor. content. Birds were different, so very The older mother-tree looked at both of beautifully different; always held in deep them disapprovingly, "now that's no way awe and respect by the trees. It was a to speak to your sister. You may.only be blessing to have a .bird nest on your 66 years old but Y<?U 're old enough to know branches, and even woodpeckers who bur-. better. And as for you young tree, try keep- rowed deep holes in your trunk were weling it quiet or you'll wake up the whole come. . . . . forest and embarrass me like you did when Yes the birds were quite an mspmng your cones started crackling before their . sight to the trees. They soared up high i~to time last summer." . · . - the sky, swooped down and around aga1,i, "Aw mom, why do you have to bring landed," glided, soared into the clouds. that up again, the other trees will hear." They. left when they wanted, they flew "If you were as concerned about your wherev~r ." they ·wanted. They played capillary action ~s you were about what games with each_ other as. they soare~ the other sap1ings thought, you'd be a through the wind; "they could not be the much taller tree by now, Now get back to same as the groundcreatures" thought the hibernation." trees, "they must be something special, The young tree pretended to hibernate, something more." , but it couldn't. It could sense that someThe trees could only imagine that they thing was going to happen. It couls sense themselves were birds. That they could fly in its roots. It couldn't get the thought out up, up to the father sun. Indeed, some. -of its trunk and lay there awake until sleep trees .ftave seen birds fly, to the sun itself finally arrived· weeks Iater, · and perch themselves on. his life:giving Winter came and passed. With spring, tentacles, When it ~ned,_ the trees were the trees slowly awoke out of their heavy honored to shelter the littlegods, and when slumber. It was a happy time, the trees all the sun was 'Smiling on the earth, the trees fresh and rested, ready for another season's watched the birds' majestic play with revegrowth· and birth, ready to be tickled by rential wonder. · the bumble- bees and the soft spring All were happy except for the poor tree. · . breezes, ready to see the sapplings grow "What's wrong with you young tree?" larger and stronger, ready for invigorating asked the other trees, your branches have sun and the refreshing rains. For the trees, been sagging and your leaves do not even it was like waking up into perfect dream. bother to tum to the sun anymore." - The most exciting event of this season "They're going to tum me into a pencil" was the birth of trees from their· mother's said the pensive tree. cones. As everyday passed, the forest en"What's a pencil?" they asked. thusiastically kept tabs on the little seed)"It's a part of us that's used to write on ings. "This one looks like its going to another part of us". it responded. grow strong like its mother" orrthis poor "And how do you know?" 'asked the .Jittle fellow is not going to make it:" The forest. younger trees .were especialJy involved "I saw it in ~y dreams." said the rueful with this whole happening, proud of their. tree. newly earned right of participatingvwhile A pretty little bird suddenly dashed bethe older trees, having lived these things tween their branches .and stole the trees' each spring for over a century, 'were con-. attention forever. ~ tent in passively enjoying the affair. · The young tree 'grew old and heavy, And then there were the birds. Big beau- waiting. And the forest never understood tiful birds with bright colored stripes, tiny what a pencil was. ·

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THE PASSWORD: .

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By Phillip D. Spyropoulos

41 5 · Sf\'e,.tb A venae. Suite 62 New York. New York 10001

(212) 59~3696

-~201) 623.-3363

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con't from front page The Appellate Division, First Department, reflecting the .pervasive view ·that courts are reluctant to interfere· in academic grading matters held that "whatever the dictates of common sense, this is precisely the type of professional, educational judgment the courts will not review." In the court's opinion, this was more a matter for the discretion of .scbool administrators. . conc~ming the Corporations grade, Susan "M" alleged that her professer told her she was giveo zero credit on an essay question worth 30% of the exam because she analy~ed the question under New York and Delaware law when only Delaware law was required. The professor allegedly told her that her answer under Delaware law was correct and that she would have received full credit if she had not mentioned New York law. NYLS, not responding to these allegations, argued that the pr-0fessional and sub-_ jective process of grading· 1aw school exams was beyond judicial review. The Appellet;te Division disagreed and stated, "[as] seldom and reluctantly as the principle has been applied to actually overri~e a determination, a school's academic evalua~io~ . is not . ~compJ~!ely imt~nme from JUd1c1al scrutmy . . . After discussing the plausibility of Susan "Mn receiv-

ing a higher grade if her allegations were. . accordingly remanded the- matter back to factual.. which would have- possibly pre- New York Law School. · vented her dismissal, the court stated Hthat Since this decision is administratively an ·irrationat~·-reading or" (the student's) unprecedented, it is not clear what will essay· on the exam in that course is a pos- happen if the school 's appeals are u~avail:_, sibility that cannot. be ruled out.". ing. The administration has declined to The court held that, "[at] least when a . .._issue any official statement on the matter student's very right to remain in school and if. forced to comply with the court depends on it, we think the school owes order .mandating a · reconsideration of the student some manner of safeguard Susan HM' " Corporations grade, seerns against the possibility of arbitrary or cap- unsure of exactly what procedures to folricious error in grading . - · It does not <low. Since the Academic Status Committee avail (the school) for its Corporations pro- governs affairs dealing with dismissals fessor to deny these allegations by .repre- and originally handled and dismissed both senting that (the student's) grade was Susan "M" and her allegations, ·it seems 'based on the overall quality of her answer, likely that this Committee will ~hear the and not as (the student suggests) ·of\ any Susan "M" case. It also seems .·possible single, absolute rule with respect to· the that the outcome will remairi unchanged structure ·or organizatiou of her answers.' and the committee will reaffirffi its deci. . . At issue is not ·what grade (the student) sion to dismiss Susan "M." Can New York should have received but whether the Law School give Susan "M" the ''reason- . grade received was arbitrary or capricious; able assurances" that the court believesnot whether (the.student) dese~ed .. a C + are in its professional responsibility to instead of a Din Corporations but whether give? Do these safeguards even exist, and she deserved a zero on this particular if they do, are they merely illusory?Thes~ essay; not on the quality of .(the student's) issues deserve attention. But, as is usually _answer but on the rationality of the profes- the case with administrative matters, 1he sor's grading." answers remain vague and the issues re.The court concluded ·that the school's'~ main unresolved. One thing seems clear decis!on to dismiss (the student) should though, .whatever her particular situation, -not have been made i~ 'the absence of Susan "M" desires readmittance to New reasonable assu~ces ~a~ the zero ~iv.en York Law School and is willing to fight her on the essay m question was a rational for it · · exercise of discretion by the grader," and

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12.e

e tic'FOBER. 1989

From. the Hearts· -. ·: '(Jf.

Dilip, M~~ar4~ . .; Oscar McDon81d · Elizabeth Nachlin Donna Santiago

side alks of New York. Their backgrounds portray the- ethnic diversity of our city--Oscar is a young black man, Donna . a young Puerto Rican woman, and Elizabeth . Friday the 13th 1989 ... The Central (for all intents and purposesj=-a nice Parle jogger show remarkable signs of recovery. The trial of the young black boys ·white girl. They are all Law students, they have all read Brown v'. Bd of Ed. and are that made her the object of their psycho415 Seveatb Avenue. Salte 62 all too familiar with the Supreme Court's. pathic night of "wilding" painstakingly New YOrlL. New York 10001 (212) 594-3696 (JOI) 625-3363 efforts topromote racial harmony: In fact, gets under. way . . . A ymmg black man yo~ could say that we are the "children of was killed a few weeks ago in Bensonhurst by a "mob" of young Italian Americans. · those efforts" as we all attended desegregated schools in this city. As I said earlier They were "pissed" because one of them I left, they stayed. These then are their had dumped by his girlfriend, and she had started to date a black 'boy, One .: .stories exactly as they stated. I think you of their friends said that it wasn't that owe it to them as your peers ~o listen . . . there isn't a P¥k where they live, or maybe We - got the hint. It's a shame that you they had anything against the particular it isn'ras riice as ours, but to my shame I cannot normally· see -one's skin color boy who died, "he was just in the wrong acc~pted this answer in silence. Who was through· a telephone. 1 place at the wrong time." ... Right pal, Dom1a I to challenge this behavior? I was. a Puerto Between 1982 and 19'85 I worked in an When. a young black man was murdered just wait until your friends find out what Rican girl from the Lower East Side, I an white Brookf yn ·neighborhood cal~ed . it' s like to "be in the wrong place at the by a gang of white youths in J:ioward -had my own problems. But my skin was -Mill Basin. On several occasions .groups Beach, people were in shock. "How could wrong time," when they're.lead to a prison white and besides it w~s· quite awhile f?e- of white boys would drive by while I was filled with lunatics just waiting to get . ·a this happen in New York?"·," they fore anyone bothered to ask me what my waiting for my bus to go home and fling piece of some sweet white meat=-maybe exclaimed in disbelief. People explained last name was. By the time they realized fist sized rocks and bottles at .the ~lacks that's justice ... Let's not make this just it away as an isolated incident, wanting that .not only _Italian girls were named waiting at the bus stop~ On seyeral other · a black & white thing. Just this week on desperately to believe it could not happen Donna and went to Catholic School it was occasions, the same ignorant rednecks the holiest of days for the Jewish people, again. Uor one had !)O problem believing too late to rescind their- friendship_. would drive By-with fire extinguishers and two Jewish boys were beaten so savagely that racial violence could happen in New by - a gang of white non-Jews that their York. Ten years ago I would have had no spleens were removed. One begins to problem· believing that_ it happened on my stabilize in the hospital, while the other block. lays with a fractured skull hovering perilWhen I was 12 years old my family and ously on the thin trapeze wire that sepaI moved from Manhattan to Queens. The rates life from death ... Friday the. 13th? area was a white middle class, family. No, just another day in the city that "loves neighborhood of row houses and tree lined · to hate itself' . . . streets. All the neighbo~hood teens €ould I. spent the next -years angry at· my - try to spray .us- with wat~r. Doesn't this -What do you think it's like to grow up gather at the local park to play handball, friends for behaving this way, angry at remind y~u ~f an old newsreel so often · in this city? I know what it was like for softball, basketball or just to hangout. myselfforwantingtobeacceptedbythem,. shown on documentaries of black in Birme, and it wasn't verynice. Fortunately, Everyone was happy and everyone was and angry ~t the ·b~ack ki_ds, rimning as mongham being sprayed with fire hoses? I had parents who had worked hard enough welcome (or so] thought). ·one day some: if they were guilty of a trespass. At the Shi>uld I have quit my job, which was to give me the means to, change my enviblack guys came to die park. The boys time J- rational_ized; perhaps there is an financing __my· undergraduate education? . ronment. So at the tender age of fifteen I from the neighborhood-chased" them away understanding here. ·tfiat · f do not know '_ Should I h~ve - stopped travel1ing ,in all packed up and wenr to boarding school with vicious_ slurs and threats of violence. about. - .Later l would realize that what white neighborhoods? . _ _ · ... I got out. A lot of my generation This was not an isolated incident. It was. existed was a· severe lack of· understandThe answer to these two question~ is didn't. Hey, why should they? This crazy · ;o be repeated before my eye~ many times-. ing.·· . obviously no. I wo~ld not think twice . beautiful city is theirhome .. ; And that's The first time, I asked one of the guysWell, the neighborhood has.grown up. · aboU:t killing. anyone who would try to. wily I'd like you to meet my friends-each "Why?" ~ wondering to myself had some'.'" The _community is racially, ethnically, and restrict my- right to_ travel freely in has their. own tale to tell about what it was thing happened before I had moved ·here ·religiously diversified,-and everyone atthe , America, much less in borough ~here. I like growing up in New York City. Meet , ~o inspire such hate? No~ There was· no park is happy and everyone is welcome. was born and raised . . · .Donna, Oscar, and Elizabeth-their. ex·-eason. The respons~ came simply, "This But everywhere people are riot living happeriences range from the public schools, is our park and they should stay in their .- pily ever after. ·Once again the headlines o the. playground~, and back to .the park." At that m~ment l -thought maybe cry of a black youth sl~in in Bensonhurst at the nands of. young white men' and again the public ,is in shock. They cannot Elizabeth believe that this is happening in the enWhen .I - was very .young, my mother lightened· North. The first -step toward sol- used to. put me 'on a bus with a bunch of· ving a problem is admittiQgthat it exists. other white kids and we. were all taken to Many people were . shocked when Ger- P.~. 307-a predominantly black elernen-. many was divided and could not believe tary school. None of us questioned it. We it when the Berlin wall werit up. Well the were in kindergarden and this was school. walls are going up all over this city and This was how it was. supposed to be. -. . we must do something befor~ they get too For the next few hours, white arid black high for us-to see over them . children played, listened to stories 'and

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·Oscar - Growing up jn Brooklyn, N. Y. has been quite an enlightening experience to say the least. l\s a minority, I did not experi-ence racism on a conscious level 'until I was 14 or 15 years old: Looking back and realizing how bad racism was and is in Brooklyn, I fed that I must have had my· head in the sand. Overt racism is quitea hard pill to swallow. and when I received my first taste of that pill I ahnost choked. In 1979 my mother and I were living alone in Coney Island. My mother decided that she wanted a larger apartment. We started to can Real Estate offices and ads for apartments that were advertised in s~eral newspapers. Somtimes I wou-ld call, and sometimes my mother would call. Most of thetime the landlord· or _Real Estate agent would tell us to come right down to view· the. apartment, but every single time we arrived at the apartment or Real Estate· office, the white landlord would - tell us ............ ioiiiiiii.ii.-..,jt" that th~ apartment had just been ren~ed.

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rapped together. We were . taught racial . · harmony at an-early age. I remember learning about Dr. Martin Luther King. His· _ picture hung - over our blackboard. I remember learning a-song that was popular at the time ... ·Uthe ink is black.: the page is white, - together we learn to _read and ·write,· .. -".We were not ·supposed to· · tookateachotherandignoreth~difference in our skin color. Instead we were taught to appreciate the richness of black culture, and the importance of the struggle to promote racial equality. Parents and Grandpa. rents came in to teach us songs, or talk about experiences. They didn't think we - were_ too young to hear horror stories about burning crosses down south. Neither did · we. We sang "We ·shall Overcome'~ on our way home on the bus. _ By the second grade, though, the bus stopped comi~g and I went ~o my neighbor ... hood elementary school which was predo- · minantly white. Many years later Ilearned that I had been part of a specially funded program to give underprivileged . con't next page i


NEW YOR!i hAW SGHOOL REPORTER

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Dilly , minorities a "Head Start" in tht?. public Pretty-interesting ... Whether you egree school · system. I also learned that _it er . sagree, _or if your own experiences declared failure and the funds were cut. would lead to different conclusions.. you ,_-My next inter-racial experience was_i . - have-to gi:Ve~ese ~ople-some credit". .. _:__:· JuniorHigh School, tut this time we were - Tuey were iionesrancf-f()rthright and spoke _, -separatea into "Tracks," by our Reading· to us fr9mJheir hearts, about what they Tes Scores. As it Happened, most of the .. had ·seen and experienced. They did not black kids were in a differens track than disguise their opinions in "legalese," or the white kids, Nobody 'questioned j{ put forth their positions in the_jargon of. _ though, this was Junior High School. This pompous tntellectuals concerned with. was' ho -it was supposed to be. such elusive concepts as ' strict scrutiny," ·- .· As in any caste-system, our differenees -or rational Basis review." These are the chilwere rubbed in our faces. They bad special" __ dren of the civil rights movement. - hen , __ . , Assembly Periods to encourage 'tfie kids Dr. King .shared his dream of a land where , ~ Hopefully, we. can sensitize .ourseives . in my Track to enter the Science Pair and - -his children wal ed hand in hand with ·chil-. to different. p~rspecrlves, · so that by the, . apply fen the City's Specialized High drenof other races, 'be spoke of this gen~ time weleave this place w~ will.bewary ·: Schools. Even o r lu.ncfl periods were dif-. eration ~ .. And this. is what hey hav.e - of tfte· w~n evils,- ig~orarice __ and intoler- . ferent. Notsw:prising)y, when '!'It;. dio.com- . seen in their brief li~~s,,.,_g_ qwing up~~ the _ a!}ce, and keep them_in .check; whey they_ municate, it was through violent confronlargest city in Ameriea, . raise their. ugly . heads ; withfo _· otii . own·_ tation-. ·:- - . · I know that we Have not coyered every:: hearts.. · ~No I reae about-Yusut Hawkins' mur- side of this· issue. I know that each person. So come one New York-kaw Schooi-·-1- ~ der; and I remember P. s. 307. And I read- whQ read - this ha . their own umque--expefr-. k:now that everyone has SQmetliing- te say Brown .v. -Bd of E ucatfon and' rememlJ€r e1wes,--wtlether they ·feel. thaf diser.iinina- about thi_s~ I ~now eyefy~mehas their_pwn P.S. 307 toe>. , , . 'tion emsts OF not; ·-Wfieth F t~ey have ex- :perspecti-ve, bred out'Of thdr_ own experi:- . _ Some ofus have heard the Warren Court _ perienced discrimin~tion ,_ or even _if. they enc~s. Let's· figh_t. the _d~sea$e. (?f apatny_ accuseda-f ~~social Engineering" foTtry ng· --feel thatd-l-serimination is justifiectia·some that µ~rmeates. our school. AII yo.ti: have : tD desegrate ·i>ublic Scfioots. ·sut" when circumstances. l wanno. hear _abou~ iC .. - to do __ >~~te. abo~t your ex~~ri~n:ce_ on_ . names of New York .City neighborlio0d-s - We may nqt_be aQie to come up ~itfi ~riy . tHis is~ue-:\Yhether you're brew:i:i, black',_ . like ~1Jemoohurst" ·and 0Heward- Beaeh''~ solutions, but the ·more first~nand experi~,. yellow, whiie-:--Wb.ether: youxe a· Hi11qu,'. becomes: nonomous ·wi~hraci-al violence errces· we share, at least-we will learn so~e-·! a Bupdhist, a Baptist, a Jew- .. _ ~- Jilst - '--------=-,,..---=---~..;..,......--------__. task: Can't :Our society use s-ome positive thing aboufourselve~ as~a community".'·!.: . ~-wnte somet~in~.'march it _d9~n tQe . engineering? ~ - . _. as "microcosmic~: ~s it .ma¥ ·be . . . . Reporters_ Offi~e . - . . Stop waiting for ~he. a;;=:;;;;=-=:;;:;;;;::;~=~#~~~~;:;~;:;;;;;;;;;;;~;·:;;;~~~~·Revolution, ·_ --~h~_Rewlut~on -~~- !10~ . 7 .-

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iliRANSPOR"FATION INFORMATilON

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Buses··1eave from 3 departure points: Union Square, Columbus Circle and 86th'and Lexington Ave .. D~parture lime S:OOam E~pected Return .10:00pm Depart.ure_ areas are iHH transferable · f;latind Trip -Fare $~0.00 Low. lnc~"le $1~.oo - - · _ · · ·- · - -. . -_ Send coupon to purchase bus ticket to NOW-NYC, or Call licketron or Ticketron Telecharge Train and Piane information call (212)-532-6·169 after Oetober 2 , . _ ·--_ Ticket requests received after Nov t, 1989., '11USt be picked up 1n person. .

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By. AI~xander tI l{osiitf .-7- O'-- · · .· . "I'·m ' -Lost." - The .. first year · student · · looked at me _with ~ con~sed expression, _ standing on the No: 1 trairi headed do~n:.· ·. fown. Well, _h's only natural. Being lost is· as .· mu_~l:i a part of_ firs·t year as T9rts I . . Another Dart -of the first:-year- experience .is the. fee_ling pfdism~y ~nd.futility about the fi_rst-ye(µ". writing ·program. There- is some -.good news· about the program; a number ·of beneficial 'changes-have been . made,. howe-ver, ~the bad - news is· that as . : . far as the-changes-go~. there still_~ great. many' problem~ that_"nee_d:-!o be _solv~d:~ ~ - : . ·. Last yeaitherewas_-~ stoiW ofcritid-sm-~ .. over the first-year .-wf!_ting program. Com~-: - ·plaints @llge_d from~ "too :much -work for... too Jittle credit,".: and.- '~w~_'re never-to_id i how to do anything until after w_e're graded" __ ~ ' to "my professor w~n't help us ~nd·-_refuses .·to meet with us. ,,·Unfortunately- for-'· . last year's students: most of these . coinpl_aints reached the writing. departmenr·. through a survey that was given out at · mid-year. 'Dtis left no time for improve.:· - ~ents _to be_ institute~ _until the pr:e_sen! semester. ~-: - . .. - _ - Professor Lieberman-~ -_-~irector the writing program, offered.~om~ insi.ght jnto '.the program,-:.its goals, ~and the ~ch~~gesJhat. hav~ been made·. Sitting back conifurt-·. .ably _in his ·officdn ·47_-Worth St., he was . ~ery approachable and talked freely~ "Our-~ - goals have not changed,"_he said._ "We are -frying to introduce students to. a whole · different type of writing and we are also attempting to force. students to -confront their own weaknesses.~' - · ~Apart from the goals of the program th~ school bas ·instituted _ several changes -in. : response to last years criticism: ·severalf teachers were not asked)o_,ret~m, _the. syllabus- has undergone exterts1V'e renovations i and· th~ a11_qcaticm of grade- ·credit. percentages was overhauled. "We_ had lots of complaints- last year., - . many were about specific _teachers," said

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.•OCTOBER

·NEW YORK LAW SCH<X>L REPORTER

Page 14.

THE ATTEMPT AND NOT THE ,DEED CONFOUNDS "'

By Don Lash ln an August 29 decision, the

off with- the $3. The second is that memS. Court hers of the-federal jud~ci~ cannot ~e preof Appeals for the Second Circuit reversed - _ sumed ~o. Be _anymore JUdi~ious or disc~et the convictions of three natives of Colom--: ·. an.oddsmakers, comedians, or pohce bia for 'possession of cocaine~ witlf intent - commissi~ers. ~at is most disturbing' to distribute (U.S. v. Edwardo-Franco et however, is that it is reasonable to suspect al., CM88-1395). The Court of Appeals !11at such attitude~ are ~c~ming _increasreversed the verdict of a jury in the Eastern mgly pre~~lent. with the· heightened state District of New York because it found that · of hystena which has been generated by the trial judge's pejorative remarks about the very_ real d~g .problem. It would be Colombians at the sentencing hearing gave u?warranted of.ttmism to assume that ~l the appearance that the judicial process ?ig?ts. are foolish enough to make their might have been infected by ethnic preprejudices a matter of record, so that .the judice. In part, the judge had remarked as dan;iage caused by th~m. m~y be remedied. follows: "their regard for the judicial sysIf ignorance and prejudice cannot. be tem, the men who run their laws, I'm glad excluded from the bench, t~ey certamly I'm in· America. Thars ·why I pledge alcannot be ~xcluded from .the jury box ~d legiance to the flag ... (T)hey should prosecutors table. The risk of harm will have stayed where they were. Nobody told be dramatically enhanced if those clamorthem to come here . . . Nobody tells them ing for impositio~ of the death penalty in to come and get involved in cocaine . . . -- drug cases~ prevail. My father came over-with $3 in his pocket. It is not just racial and ethnic prejudice He has a federal judge for a son." One that must e guarded against. There is also defendant responded with a plea that her - hostility toward, the 4th, 5th, and 6th sentence be determined based on her "perAmendment rights of Americans, and the son and not her nationality," perception that _these rights are somehow This case prompts several observa- · inappropriate in drug cases. In a recent tions. The first, of course; is that the hon-. campaign advertisement, a . New Jersey orable judge's father was probably better gubernatorial candidate was accused of

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beingt'soft on drugs" because the law firm with which he was associated had "fought to keep drug dealers out of jail." Presumably, 'firrrr had done criminal defense work. The implication is tl1-~t an attorney who successfully defends· a person accused of a drug offense, whether byintroducing reasonable doubt or by vindicating a.constitutional right, will be equated with an unindicted co-conspirator. Such statements are like rhetorical steroids, intended to quickly foster an image of toughness and political manhood. . Like any complex, endemic problem in American society, drugs require organized , and intelligent responses. Simplified · rhetoric and appeals to collective fear are counter-productive. There are clear his torical parallels. During the post-Ww I period, when the United States was faced with tensions resulting from economic injustice and stratification, part of' the response consisted of the Palmer raids and . the Sacco and Vanzetti prosecutions, born out. of an unreasoning fear _9f immigrants and alien ideologies. During the height of the Cold War, when the United States· was faced with the dangers of Commtmist expansio~ism and ·espionage, part of th~ re-

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sponse consisted of McCarthyism and academic purges. During these· periods; concerns for due process were felt to be outweighed by the dangers posed by fishpeddling anarchists. or screenwriters proselytizing Marxism. Craven, opportunistic politicians with nothing-of value to contribute to the solution of national problems sought to exploit public apprehensions and sacrifice unformidable scapegoats for their own advancement-and aggrandizement. The drug - problem- -,should not. be minimized. The .social costs seem to be multiplying as- efforts to combat the problem are only incrementally intensified. Many Americans are held captive by a· destructive counter-culture. Tragically, however, attention is diverted from . development of a comprehensive and balanced program which can maximize available .resources, by pronouncements that strain an already over-burdened metaphor of warfare and single out a group or groups for blame and vengeance. Lady Macbeth said ''the attempt and not the deed confounds us.'~-Let us hope-we can face the tasks at hand without being defeated by the worst in ourselves and in those with po~itions of.public responsibility.

y~sr~«DAY, my K1Nofll.v1t21eN 1eAoitR. 1'o~t> US

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1989_

~HILOHOOP IS FRAVM ·_ WITll 1.tM~V15M AND. WORRIES • .50IMf('~E owes Yl'Y GEMERltftON AN. ~POLOtrY ••• OIC .• l'tL 5UE .

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NEW YORK LAW SCHQOL REPORTER

OCTOBER 989 • . con't.from page ~J

While all the changes that have .been Prof. Lieberman. "some were justified and · instituted are clearly beneficial the prothose teachers were not asked back, others gtam still has some problems. The teachers were not and, as you can see, those that the school uses are not professional teachers are still here." Professor Lieberteachers but lawyers from the private secman was also pleased with the res ctur- tor, some of whom have only a few years ing of the course which gives the students experience. The course still continues to, more time in which to work. Most of this struggle with the· "subjectivity factor" in time was gained at the expense of losinz which the teacher's own preferences and the Westlaw and Lexis training sessions. styles can easily interfere with and stifle "We were really giving -students only a his students'. Of. course _complaints still passing aquaintance with the systems," ex- abound. plained Prof. Lieberman. "Now the train"My teacher hasn't really taught legal .. ing is solely in the hands of the library writing;we havn't been exposed to enough • 1 S Snm~ Avenue. Salte 62 staff." · real life examples of legal writing," said . New York. 'New York 10001 (212) 5~3696 (2~1).623-3363 one anonymous, first-year student, buried ··· Professor Lieberman seemed most pleased with the re-allocation of credit in amidst books on the first floor of the lithe course. Papers handed in later on in brary. "Most people were left groping." the semester have more Weight than those · Another student was distressed that the · at the beginning in determining grades; as teacher was spending a great deaf of time sary evil," as Prof. Lieberman put it .. If you are dissatisfied, then speak up, tell opposed to the last. year's program which _ teaching grammar .. "I learned my grammar "Every school is struggling with the. same someone,. otherwise your comments and . placed. a great deal of emphasis on the first in Sth grade, I don't need to learn it again problem of how to teach writing effecsuggestions will be lost. Student input revision. The teachers have also been in law school." Although there were a tively. All I can say· is that if the sttidents . must be made a part of the p_rogram or the · given more freedom with the class particigreat deal . of negative comments, there have complaints or suggestions I wish they changes that are not effective will be alwere also some. positive ones, "Our would speak first to their teachers and then pation grade which has led to more conlowed to stand. Do not worry about being tributions in classesby students, although. teacher is very practical' he uses real life to me. My door is open." confused' worry about how you can make this might be attributable to other factors examples," said one student, who was This is perhaps the best advice to gi~e. a change for the better. · as wen .. :'we .think these are positive quick to·add, "he doesn't really follow the changes," added Prof. Lieberman. "But, syllabus." of course, we won't know until the end of Jn . the end one comment really . sum- co{tfrompage.6 _ ' .' -. - -relationships with family members, the· year," marizes the whole problem, "It's a neces"concept of ordered liberty." Such a pro- ·friends,· and members of the. Court. - In a cess was clearly anathema to Black who recent interview with Dean Simon, he exwanted more protection for- individual -. plained that he wanted to portray the jusrights than simply the values of a majority . tices as real people; a task which The· ' of the justices. Although Black's theory Brethren sought to accomplish. but was of incorporation was never adopted disdained, among other reasons, for its . ~ wholesale by the Court, the Court has been · ·1ack of documentation. To-that end, Dean inching toward it ~ver since.· - Simon did not fail. On another front, the book sets out to The writing _of The Antagonists took ~pshatter some childish notions of godlike proximately six years and involved extenjustice§._, by describing the humanity of- · - sive research of the personal papers of the . each of them. Dean Simon :descri.bes the justices, court opinions,- interviews with behind-the-scenes machinations· of the jus- · f'!mily l!lembers ·and frien~s, ,and intertices when ·vying for. the positions· of views with current.members of the Court. leactership and for the votes of their bret-. - Clearly, this must have been-ah interesting hren. ·we learn that Frankfurter scorned · book to research and writt.· It was an enBlack for ~'voting his politics and. not his gaging 'story to read. The law student principles,'~ yet- Frankfurter continued to might want to examine in greater detail advise politicians, including FDR, and to the legacy of the two jurists. However, aid in the drafting of l~gislatjon during his - during ·the interview, Dean Simon' ex. tenure on the Court·. · . · · plained that-he wanted to write a book for Emerging from this very readab]e·book the laity not the lawyer:- Nevertheless, rs a picture of nine-men (no women at that- whatever the background of the. reader,· time) who are living an9 ·breathing ·inen The Antagonists reveals the character -0f with foibles, fe<l!s, and_ feelings. We learn· two ·import~nt ~istorycal figures ·during a . .- · t~i~ not only th~ough ·the dtspute· bet~een·' . J.p~riod of great" fer_ment in our history. · Black,,and frankfurter but· through ·tliefr · .. _ ·. ·· 'What? No Footnotes!

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105 Rudson Street (Cr. Franklin St".) New.York,·N.Y. Telephone: (212~ 219:ggo2

By Barry Biock - thing left: Incidentally, . the combination Ho~ can -you tell how long a New York. of green vegetables and cheese results in Law student has been here? Easy7-just . the formulation of calcium oxalate (the leadcheck for high blood pressure, high choles- ing cause of kidney stones.) The real heart te~ol, and obesity. You'~ .likely to find ·a and soul of any respite is the pretzels ·(salt), close correlation between the length of . potato chips (more salt), and cheese, gloritime at sc;hool and an incre_ase in these ous cheese (cholester9lj. . nd course~ h~alth risks. No, I'm _not talking aboµt let's not .forget the sod~ .(sugar). (Coffee exam pressure (a topic for a futur~ article). and tea.generally suffer the same fate ·as I'm talking about those ever-p~sent, ever- the veggies_.) A final "bonus". at special dangerous respites!!! _ _ events is wine (alcohol, to help nighLstuYes, those complimentary eating events . gen~ stay sharp foi: class)and_ mixed nuts that are held several times a week at (even more salt). · · · NYLS. Of course, there's the traditional The foJlowing chart illustrates some alTuesday and Thursday events sponsored tematives that might actually reduce by Student Affairs. In addition .you can ·health risks. · count on anybody from Moot Court to any· f · J>r:esent~oice Danger Healthier Choice o the school's .twenty or so clubs tO spon- Potato chips- - -. --Salt _ Banana chips _ sor one of these '~galas.,,. · Pretzels Sal" : Sunfl~e!'. ~ed~ ~ - · Don't be fooled by the "heal~hy'" v~ge- - Mix.ed niits - .. SaJ~ - ~ · _ lJns-aJted nµts tables 1hat ·are often displayed with the · Muenstereheese Chol~sterol ;A.:Ssortedfruits - . respite. These ,are merely for shoW. The '- Swiss cheese ·, Choies~erol. , ~TofuftiiJowfat' · fa~t is that hardly anybody eats them any-. ._ yogurt_ . , · _ Exlfb. · -· , · -· -way_(if ·)_f.ou com.~eight minutes·1ate to a_ Ched~cheese Cho. lesi;.·ero! .·_.Oatme . alcooktes. _ -. ,_ · : 1 ItlOJf(UflS ()ctober _26--Dec~ml:)er)_l~ respite, the ve,gg1es are usually the only - Soda . . : _Sugar. . . FlavoJJ?<i seltzei: -. -;- ·-All NYLS ~tud_-~.ts.· i.~-~ted as. sp.ecial·.·_gu·. ~ts.....

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Page 16.

• OCTOBER

1989

.Cltatles~~ Froessel Moet ~onrt ·~ C~1*Petition -Finals

M~lioie Fess, one of the~~

RobertaSilve,

Overall Winµer

Howard Merkrebs, Best Brief with Roberta : trierCourt for. the Southern District of New

New York 4tw School's premiere intra- Ro.,erta Silver who was chosen from the the Honorable Vito J. Titone of the New York;' and-the Honorable Warren Eginton _ mural moot courtfinals were held -on Sep- finalists which included: Melanie. Fess, ·York State Court of Appeals; the Honora- of the U.S. District Court for the district tember 27 in the Froessel Reading Room. _ Max Langrind, and Joyce Yearwood.The - hie Ellsworth Van Graafeiland, Senior of Connecticut. Oyer 70 students participated in the com-- Best Brief Award went to Howard Mer- Judge Of the U.~. Court of Appeals for - Jeffrey Greenberg authored this year's petition. This experience· leads toparticikrel>s; and Roberta Silver.The Best Team the Second Circuit; the Honorable Joseph fact pattern; which was centered on a pation- on the school's Intermural teams. Award went to Dan Isaacs and Rob· P. Sullivan- of .the New York Supreme state law which required all individuals These teams have won many victories in- MacAneney. The Best Individual Oral Ad- Court, Appellate Division, First Depart- . seeking, medical treatment in state -hospi- · -- eluding the U.S. National Championship vocate went to Max Langrind. Alexander -ment; theHonorable.Vincent Balletta, Jr. tals to submit to a-screening for infectious in the Philip C. Jessup International Law Rosati, Stuart Minion, and Lori Freuden- of the New York Supreme Court, Appellate diseases. Cornpetitors argued the constituMoot Court Competition. · - - · berger also won oral advocate awards. Division, Second Department; the Honor- · tionality of the statute under the-fourth. . This year's .overall winner ~as Ms. We were honored to haveon the bench able Hohn Sprizzo, Judge of the U.~. Dis- and fourteenth amendments ..


· OCTOBER

• Page.17.

NEW YORK LAW SCHOOL REPORrER

1989 •

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.Don't eat a thing onthe Thursday befere Thanksgiving._Then join _ the six million Americans who, since 1973, have mailed usthe money they saved to support our life-saving projects. you'll not only learn what· it's like to go hungry. You'll know how good it feels to help those who _ are. Please write: "Fast for a Wmld Harvest," 6

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115 Broadway, Dept. 4000, Boston, MA 02116. · lil.3Ill i~ · Orcall for more information: (617) 482-1211:Atnenra1 ~

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.

AND JUSTICE--FoR· SOME By Peter Georgales

We are nearing the close of yet another decade, the 1980's. This has been a decade _ mar k e d by peace, vio . 1ence, tur b u 1 ence, ·and tears. One thing that has remained the same during.this period of time, is, a fathers' right in his unborn child. His rights have not changed during this period ti Th . ·~ . o f . ime. ne re~on rs .qm~e simp 1 e, ~father has NO- nghts with regard to his . unborn child. Why is this? In this day and age when individual rights are valued as dear as life . . . . itself, how can a man be demed his nghts. · see. h'1s un b om c h'1 I d hve? · · to Has anyone . . . pondered this simple question? Is the female. part of society still blinded by the old stereo type that a tnan is incapable of the understanding and sensitivity that a 'ld d Id h t c h 1 _ma:>: nee . 1 wou ope no . Is it fair to sav that a woman has the "right" to do what she wants with the unborn child simpl>' becaus~ it_is in her bod~?

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. . . c 1 aims th at t hey are not b emg treate d as mg t he lif t e o f h.is un l1o m c hild? 1 . - . a ice 0 mame coup 1 es an unmar- equals by men. However, are they not -Is it truly possible to imagine the pain ne~ c?µp~shwh~ hahve rea~hded t?e age of doing the same to men in this situation. and anguish and the feeling of hopelessma1on~. er;is t e consi eranon to the What the women are telling us is that "this. ness a father must feel, being able to do potential father· True,~ woman does have is my body, I will do what i want with it nothing for the uribom child, ·but just leta greater. burden during pregnancy. A d t - t ·t "Whil · h · th d · · t b- rt t t 'th woman much ca the child for nine _ ~n you !11us .~ccep •: . ~ e ~tt e sa~e - tmg e ecision . o a o .or no res wt . h Sh ITY1 d . h h · d time their claims of discrimination and m- the mother? We have always heard the. premont s. e must a so ea 1 wit t e me · · · f h -· Wh . ff f h . h. d .equality go undaunted. Is this not pretty . gnant woman's side o t e story .. ~ en 1 0 1 ica e hects t e p~egnan~y. h st~~ a ~o~ one sided? was the last time the story was told from ~noh~g. rebason ht~ld~~Tyha at er .is· ng ts Granted that the burden is on the the father's side? · m 1s un om c 1 . e answer 1s an un· . "NO"' · woman. However, snould she not even What this article will hopefully achieve 1 eqmvoca ·. h es.'> What i f the· 1s · an aw akenmg · · g1vmg · · d e1erence ~ Is"'everyone a· ~~ th t ·r d cons1·d er t h e f at h er 's w1s m to an · wa.1e a 1 a woman oes .c. · • h I d b . ·. 1ather want~ the pregnancy to go to term expectant father's· w1s es. n OJi er to eco:e pregnhant ~nd - does wa_nt to have and woman does not, who wins? Is i! fair achieve $Orne equality there must be a shift . anl ~ Q~on, s e ·i:nay do so without con- to the boyfriend, what ~bout the father? · in power protecting a father's rights. Since suh.tlidngAthe potential father of. the unborn Who wins?The wife wins and ·the husband it takes two people to-creat life, should it .c 1 . woman does not even have to tell is left t · ·th Id H ~ th , ak b . '>Th' . h lhe father she is pregnant. ou m e co . as a 1a _er s roe1 not t e two peop 1 e.to a ort it~ ts 1st e · been_ r~duced to just a sperm· .making ·question that needs to b.e answered. What . Wt;. are constantly hearing. the discrimimachine? ·Even_ if this is true~ does· this I have_ proposed is nQ(the ·~swer, it is nation women are going through. The not give the father some interest in preserv- just a beginning, toward jusJi<;e for all. -

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YoRK'iAw SCHOOL REPORTER

No Politital

·Cartoof]~ t~~~wee~ 9rno(»t~s .ag;? .

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in the ·absence of Jaws enforced ~by · a. i.e., an equal right of access to the political Given· the close nexus of social Noam DePlume . sovereign, They were- considered equal .in _system,. and the right to be equal in the economic . inequalities to political · in-· Equality is purported to -be the guiding this natural state 'because their natura! in- eyes of the law, This equality imposes no- equalities, one. may argue that it is necesprinciple behind much of ~odem liberal equalities did notcount for anything. 'The other duty on the government than to make sary to cure the former in. order. to truly legislation. H9wever, equality is a rather weakest had ~strength enough to klH. the laws which· on their face treat everyone accomplish politicalequality, After all, the complex concept with different meanings strongest ·in his sleep.'~ (Hobbes, fairly -and equally, and which ·. give poor and uneducated do not wield an equal in different contexts. The Founding Leviatliiin); or "'·'every man had an equal · everyone an equal right to representation. influence in the· political system. But if Fathers' notion 1s ·hardly consistent with rig~t to dis.pose/ of his person· and of his No duty is imposed of the sort where the one.undertakes the task of correcting social mod.em liberal notions; even though the possessions . . · . wfrhout being subject to government passes laws to "remedy" so- and economic ·inequalities,. one must real- . latter imagines itself to be faithful to the cial ·and economic ·inequalities·. But that ize the following: the wi.11 ~r authority of other men.' former. is exactly the· soft of duty imposed by the Firstly, . the Founding Fathers themThere are many dl-fferent w~ys one can - (Lo~~e, Second Treatise on ·Gov't). As a result of this equality existing in bulk of New Deal, CivilRights, and affir- selves would never undertake such a tas . use the term equality: natural equality, mative action legislation. The duty to cor- They were perfectly content with a social the state of nature, when men assembled political equality, conventional equality (i.e., social and economic): One of the · together tq fonn a society and to structure rect social and. economic inequalities is - structure which gave the rich and educated it~ they all had an equal say about the more consistent with the communist vision better access to government. After all, they greatest blunders of our age is ~be belief ofequality, rather than that of Ol:Jr Found- .themselveswere the advantaged class. The 1?'1atter. Th~s equal say, however, translates in natural equality. This belief is the result ing Fathers. · furthest they went was to make the politiof some half-baked -psychological theory ~ into nothing more than political equality: cal process equally available to the uneduwhich believes that given equal enviroricated and · ttfe poor ·(~.g., Jefferson, mental conditions all -individuals will ( Jackson). They never proposed measures develop · equ~l abilities. Tqe Founding designed to· offer equal opportunities in Fathers did not consider natural equality the.private sphere. relevant to their own sophisticated concept Secondly, one must realize that liberal of equality. ohn Locke, the chief legislation. and decision-making which ideologist of Early America, himself said strives to 'promote equality is futile for that when he wrote "that all men are . severalreasons: ( 1) Inequalities of all sorts created equal, I cannot be supposed· to . . have .so many and such deep roots in our unders~nd all sorts of equality.'.' The mod- . social structure, that nothing short of a · em notion of natural equality has become · revolution .can completely abolish them; so entrenched from liberal propaganda, (2) The. remedial legal measures adopted that we become deeply insulted by the unwittingly perpetuate and exacerbate the · mere suggestion that . -some inequalities inequalities they aim to solve. (Perhaps may be race or gender based. As a result, .they do this intentionally as well. In any many otherwise credible scientific studies case, this point will be further discussed which do suggest this are brarided as racist in a future article): (3) A moral duty ·10 or. sexist. _ (At this point, let me briefly digress to promote equality-which the "feel good" make something clear: The mere ·admisliberal is quick to give priority- to-often sion of race or gender based ineq~alities involves the sacrifice of weighty objecdoes not necessarily lead one to accept tives (e.g.·, professional integrity, theories of racial or sexual ·superiority .. Nor economic efficiency). does it necessarily justify ,discrimina~oi-y Given the lack of direction from our -~ · ~ vlow~ laws and practices. These points will be Founding Fathers to promote true equality, ~~At~ . 'jl!I' developed in a later article.) the question then becomes: Does governOne may now wonder, what did the . ment have a moral duty to promote equalFounding-Fathers mean by equality? What ity? If 'so, how far ~an it go? Does true ;f teAt. 01;.1>s Alf ,No&O No .MIUliljf. was the meaning oflanguage such as "all . political equality require a radical re-ormen are created equ~T'? The Founding . ganization of society which the democratic Fathers subscribed to a social contract process cannot accomplish? These, and theory. This theory posited _a "state of nasimilar "issues are discussed in the next ~ .·~''in which all men Jived free and equal· <article.

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Durom1~11re1>


NEW YORK LAW SCHOO~ REPORTER -

OCTOBER 1989 •

Modesey <Prevents. Us From Teliiog You How. Good ·BAR/Bru Is.

We've· ILet:.BAR/BW

Th~r~fore,

Students Do· The Talking. What I like- abOut the ·coune ia that it ia really straight forward ....hi addition to learning the law, you learn how to answer the questieu on the uam and how to write a gOod emay and that's what really counts ... J found the BAR/BRI personnel very helpful. I call the olfice·an _the time with questiou and they have always aotten back to me or answered the question immediate)y ...J would higbly recommend BAR/BRI for anyone studying for the New Yo.rk Bar.

BAR/BRI pve me structure that I needed for the bar. Looking back. I think I w.ould be in a tough situation if I had to approach this on my own. I had a lot of friends who have been taking other courses and I've sort of comparid what they're-learning and wha~ I'm learning and I tldiik that lJ~/BRI ~ doing a really Your course wu worth the money. 1 couldn't imagine good -job ....The BAR/BRI personnel is very .helpful. being more' prepared. If I didn't pass the fault in no I've called Steve Rubin aeVeral times on the phone. way can be attributable to any misguidance on your He bu always-· been available to answer questions. He part. I also was very -comforted by the feeliJ'.l_g you all _ literally called me at 12 o,-clock at Dight. . .Alao, the conveyed that you're concerned and cared. It showed office people have been really helpful too .... J would ·that customer satisfaction is important to you and I definitely .recommend BAR/BRI to anyone. am a sa1isfied customer! Thank you!! - Columbia Law_~'-'°°' I was as prepared as I could have been. The exam . itself bad no surprises. It was a living nightmare, but BAR/BRI p~ me. If I have to do this again, I will take BAR/BRI again. - Al~y LaW School

- Albany Law School

~-t.

- Broci'klyn Law SChool

The most e«ectiVe thing about the BAR/BRI course

wu the frame work. It's pretty rigid...You kiaow what eeem more happy ·

you should be doing at all 1ime... l.

with BAR/BRI than other people eeem in other

This is written 7/SL I felt well prepared for the questions on the exam. Where I wu unsure I bad no problem making something up ....No doubt you heard. the last eaay wu almost identical to a practice question. Good shaw!· . - Georgetown uw School

- Brooklyn Law School .

I wu

.

very impremed with BAR/BRI.

Tbe methOda,

techniques and materials were all very helpful. Most of all, I appreciated the way BAR/BRI made itself available to each member individually; to give your peno~ home phone numbers to thouanda of people wu both ·daring- and commendable. No matter what the results of my eum wiD be, I know I will recommend BAR/BRI f.o. others. God B1esa!

lt~s • joy to finally leun all the law I only beard about in law ecbool ~ tWYlrd Law School

I Would reeommend the eoune to others and don't regret my choice. - Buffalo law School ·

I Jib the fact that they haw been wry realistic about wliat they are trying to accomplish - to get us to pus. I lib the fact that they naUy try. Despite the fact that there i8 i.lly a 1arp number of people in the COUl'le, I have aetually gotten a lot of feedback on the . ~ . .I think that my chances on pulSing are a lot better with this coune .. J took BAR/BRI under _ ncommendation and I would certainly recommend it to others. - 'twv.d lJiw 'lchOor

BAR/SRI wu ..-i u -... u Pini me emotional support and confidence in what I did bow; (not ebakiag my conlclence becaUll8" ti what I clidn 't know, like other bu c:udidatee) ....ln addition. the good luck letter made me feel good.. Tbanb.

I am writiaa this naluation after littiDg for the New York SCate and Multistate aams (and before NJ). I would lincerely lib to tell 1.911 that JOU .n did • teirilc-job and cleeerve much praise. TbaDk you! - Hof9lra Law School

- ~Law

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School

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I didn't Ind out what I libel about the eomwe until Jut night when J wu taWnc to one ti my friends who -wu takinc Pieper and even thoup be had .n mnemonim down..J just found that he didn't have the pip OD the nbstantive law that I thought I did ... J think the 1eeturw r.Dy ~ eveiytl,aingout for you. . They give 10U enough ti~ Oftniew that ii required to r.Dy be able to limadle the ,_aya. I would .de6nit.ely recommend the BAR/BRI coune to a friend. c..saro Law School

I dMJaPt BAil/BBi WU oatlltaDcting I wD1 recommend .it to all who uk. ..... Erica an_. the BAR/BRI ltd. proud t1·your orpnization. - New Yark

<mnll the ~ mU. a mile.Ute

Pd

in eniy ~ and Tbanb to SWa, You cu be ' L.w School

IOC)CI. 'BAR/BRI helped a lot more beuq)e. I'm · - NYU l:.- School

wu wrj

~nee

I took the· coune.

BAR REVIEW

School

I thought the lecturea were the best. They're very thorough. They give JOU all the information you need to ~· Tbat'1 what I lib beet about BAR/BRI.

eiPected

·- The 1ectUrers were really terrific, i tliat I am very happy with the BAR/BRI program. I feel sitting in front" of a TV S hours a day would be that you provide an excellent program an I would: unbearable, .bui fo the most...put they made it a1mOlt highly ?ecommend it to othen. If I do not pass the an enjoyabJe experience. bar, it will not be Dec:auae of a lack of e1rort on behalf - · · ' - Cornell Law Schoo.I of the BAR/BRI personnel. Thank you for all your. help. I am completing-thi8 evaluation after the bar eum. I - Biooklyn ·Law Sch~ feel that BAR/BRI prepared me extremely well· for the aam, and I would certaifily recommend your colµ"le. All in all, I was very satisfied with BAR-/BRL. .After - Cornell Law School . hearing what Pieper d0es to his student.s• PQOr hands, I'm truly glad I choee -BAR/QRI. Variety is very ~ -; I am.:very imp~ ~th th~ whole ope_ration- ~ce in the course of a IWDDler~ : you-really bav~ • ~p~ve audie~ce,_ I ~ a l~r · _Brooklyn l!.IW School l~el_ of prof~oDalism and.canng. I. have frjends _m · oth~r courses, ~me of whom are ~bJect.ed to scare l was genei'ally satisfied with the lectures and very tactics and pamc lectures._ I appreoate the lack of the glad for all the written materials you- gave us (the ~e at-BAR/BRI. - &rdhim Liw School outlines and practice questions). In addition, I appreciated your obvious support and encouragement for us during thia vel)' ltreufu1 period. Iwu very pleuecf with what I wu taught. The Way - ·Brooklyn Law SchOOI it W.S presented and the respect BAR/BRI shows ita student.a. A prolemional, warm and top notch job! ' Thank you.! Thank you for i'.may #6 on the Bai. I wu tired but - Fordham Law School : when J saw the queftion, an adrenal 11µp. I did well in the bar but having done Essay #6 already and The materialS are very good. The most important bowing the model answer wu a gift. TJl¥k you. thing about the course ii that they give you what's ~ &rGOidyn Law School important and what istl't. So you can-knOW'_what ii likely to be on the test. ... The BAR/BR1 people were BAR/BRI wu excellent. 1t prepared me for the bar. very helpful. They are very, very nice and veey Hopefully, I no loqer need your services, but- I would . cooperative. I'm very pleased. do BAR/BRI again. I learned the law, not just - Fordham Law School memorized mnemonics .and for that I am grateful.

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- NYU Law

. - NYU LM

School

I would definite)y recolDDlendthe coune to friends. I think it's- a _goad way to prepate for the. bu. It does not put that much preasure on you. I followed the schedule. I fo1:1Dd that during the coune the schedule wu not that diffiCult to. keep up_ with. It still pve me a lot of free time up until the last day of.class. Preparatioir bu not been that paiiiful at all. - NYU Law School The program

is well-organized and iet-up to •spooniP the audience. After 3 yara of JaW achbol; we're ill tired and this ia ju.at what ii needed. : I also apprec:iitecl an the "pep taJ.ka• and · encouragement given throuihout the lectures. I would biPlY recommend.your course.

leecl• ·the ~terial

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P11ee Law

School

Oyerall - wry satisfied with J;IAR/BRI - would recommend it to ltUdenta in the future. Great job! Thanks! ' - PKe law School. For the most put I liked how they broke everything dQW!l-into easy to. remember bita and pieces. It's not i.lly u confwling u it wu in law achool...J would hiPJy ~Dllllend the courae to my friends and I have friends tUing the other C0111"181 and from what I see them doint, I think this ia much better. · - PKe Law School BAR/BRI wu the best preparation for the bar exam. Tbe ad cared about the students. BAR/BRI eued the amiety of the her exam. · . ".' St. John'• Law Schooi

BAR/BRI i8 to be' praiaed.. No gimmicks - they were DOt gurus. Merely lb'ela bard work witJiout falling otI ·the deep end. I would, 'and will live my stamp ~ approval to frien41; law ltudent.a and anyone elae who will listen. Thank you for riumina a 6nst dua . operation. .. ' ·- St. John'• Law School·

I wu very atisfied with the BAR/BRI course. The lecturers w~ all aood ancl interesting. I took no · additional counes and I feel confident that the main coune pve me adequate pf.epuatioli. - SI. John'• Law School I~ BAil/BBi ii a pod coar8e. It liwa students evmythina th8J haft tO baw .. J found BAR/BRI people to be "fW7 1'81p0111ift. I found that whenenr I needed help, the, were there to help me out. ... If I milled the covne, I could alWaya 10 to the tape lecture. I could ao to the aaic:e and jut listen tO the tap& I found that to be~ aood•.. J would deftnite)y NCOIDlllnd. BAR/BIU became it anen everything you baft .to bow. . . - .. .Jolln'• Uw $chool


•• NEW YO~

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LAW SCHOOL REPORTER

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· _ _ _ . lgain this· :summer, BAHIBIJ prepared -~ore . ·. · - -.· · · _ - - _ - _ .lmv: school giadacnes thon did all-other ·_. _ . . . · '.bm ·review c:omses: CoDlbined. ·.· - .

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Mew York's Lmgest ana MostSucce$sfu1 Bar RevieW Course . - _- _· ·. . ..

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The New York Law School Reporter, vol VII, issue VI, October 1989 by New York Law School Library - Issuu