Vol. VIII -
No. 2
Copyright, EQUITAS, New York Law School, 1976
Monday, November 1, 1976
Vandals Plague Library By Jonah Triebwasser Reported incidents of library vandalism and thefts are increasing according to NYLS Chief Librarian Andrew Simak. Prof. Simak indicated that this type of loss is a common thing at most libraries, but he is receiving more reports of books missing this year from students unable to complete their assignments. He estimated that the library loses an average of $1,000.00 per year to thefts and vandalism. The library staff will not know the extent of this year's A prospective law student was entertained by the musings of the damage until an inventory is percurrent crop of legal neophytes at the SBA Okoberfest earlier this formed next summer. Are any pages cut out of these volumes? month. Full story, page 8. .Acquisitions Threatened The cost of replacing the stolen m.ent of books and the institution ing damage to library property, or damaged volumes is deducted of security measures will mean that student will be reported to from the library's acquisition greater costs, which in turn will the appropriate school disciplinfund. "This is money taken out mean increased tuition." ary body. Simak felt that anyone of the student's own pockets." deby Rick Ross apprehended should be dealt with Swift Action clared Simak, "and if this sort Lawyer, law professor, policy scientist - this is Myers McDougal, of thing continues, the replaceIf a student is apprehended do(Continued on Page 2) the courtly silver-haired gentleman who has joined the NYLS faculty. Professor McDougal is conducting classes on "Jurisprudence" and "Human Rights and Law, Science and Policy." As a policy scientist who also happens to be a member of the by George Schwarz legal profession, Professor McDougal views the profession as The NYLS Moot Court team's chances of winning this year's competition suffered a serious setback both indispensible and thoroughly last week when, due to an alleged printer's mistake, they handed in their printed brief after the deadline. enjoyable: it is indispensible as According to Christina Storm, it affords societal controls and Chairperson of the Moot Court preserves, freedom; enjoyable beBoard, the measuring brief was cause he is a part of that process. He points out that if people really understood the nature and role of As this issue went to press, the leg-al profession they would Christina Storm, Chairperson of realize that it is as important -to Moot Court informed EQUITAS society as medical science. Prof. Myers McDougal that the NYLS team will not be To understand the legal profession, it is Professor McDougal's mankind - ridiculous!" The com- penalized for the late submission contention that it be viewed as a mon notion of law, he suggests, of the printed brief. science. He asserts that it is the "should be supplanted by the noscience of the process of decision- tion of authoritative decision." making; law as it is commonly People generally have a miscon- handed in on time. Due to a mixunderstood is one of the "most ception of the role of law: "Law up by .the printer between the briefs of NYLS and the one to be (Continued on Page 8) absurd notions ever foisted on
McDougal & the Law
Moot Crt. Team's Trial Run
Equitas Writer Sued for Article All Parties Agree on Release by Jim Ryan Joseph Marino, founder of the Marino Bar Review Course filed a complaint in the New York Supreme Court" in Nassau County in the spring of this year. Ordinarily such an event would not merit much attention; this suit however, names as a defendant, George Schwarz. George is a second year day student at NYLS and a writer and editor of this paper. Schwarz' involvement in the Marino action sterns from an article which he researched and reported in the EQUITAS April 2nd, 1976 issue. The article was titled "The Bar Review Courses - Reviewed" and represented itself to be a comparison of the review courses offered locally. It was written with the hope of assisting 3rd year students to choose the course best suited to their particular needs.
Portions of the article, subtitled "Choosing A Course and Director's Comments", develop a scenario wherein Marino, who promotes the statistic that 94% of out-of-state bar candidates who enroll in his course succeed in passing the state's exam, is confronted with a list ~vhich supposedly shows a percentage in the 70's to be more accurate. Marino at an earlier time and in a different context, stated that listing of student results was not regularly kept by his organization but was compiled by his staff to accommodate specific requests. He emphatically denied that the list was accurate, official or compiled by his staff. The director of another local review course is quoted as saying that the pass percentage figures "lend themselves to so much fraud". Yet another director describes the }Iarino 94'/o pass
figure as "impossible". The key to the above scenario and the key to how Schwarz found himself embroiled in Marino's lawsuit is to be found in the fact that the person(s) who supplied him the list were not identified in the article except as "..othersources". Schwarz appears as the last named defendant in the caption which names a total of eight defendants comprised of individuals and business entities. The other seven defendants in order of appearance are: the Bay Area Review Course, Inc., BRI BAR Review Institute, Inc., BAR/BRI New York Bar Review, Stanley Chess, Steven DiJoseph, Richard J. Conviser and William Rutter. Schwarz is alleged to have entered a conspiracy with BAR/ BRI, Chess and DiJoseph whereby (Continued on Page 3)
The }loot Court Team gears up for this year's competition.
submitted by the NYU team, the printed brief was received too late to submit on time. This year's competition deals with federal and state regulation of corporate tender offers. Federal law requires only minimal notice to the SEC that a tender offer is to be made. State laws require notice of up to 20 days, and if a corporation makes a tender offer to residents of the state, it must comply with the different time requirements of the different states. Each team is required to present written briefs setting forth both sides of the question and oral arguments are presented with each of the 10 schools from the Xew York metropolitan area arguing each of the sides against another team.
The three members representing NYLS handle the differing aspects of the litigation. Arnold¡ Klein handles the substantive issues for the petitioner, Gregory Cannata covers the substantive issues of the respondent, and Michael Nugent handles the procedural aspects of the case. Arguing last Tuesday before an audience estimated at 25, the trio presentecLarguments before Judge Bruce Wright of the Civil Court; Maurice Nessen, a leading expert on first amendment rights; and Elliot Paskoff, a securities specialist. The actual argument involves challenges to the state laws, which are argued to be unduly restrictive and corning under the commerce power of Congress.