UCLA Law is publishedat UCLAforalumni, friends, andothermembersofThe UCLA School of Law community. Issued three limes a year. Offices at 405 Hilgard Avenue, Los Angeles 90024. "Postmaster: Send address changes lo Alumni Office, School of Law, 405 Hilgard, Los Angeles90024."
Editor: Ted Hulbert, SchoolofLaw
Editorial Assistant: Don Ezzell
Photography: ASUCLA PhotoService
Dean: Susan Westerberg Prager
The Flesh and Blood Of Clinical Education
byTed Hulbert
onnie Schwartz coordinates the cadreofvolunteerswhoaretheflesh and blood of an innovative aspect ofthe clinical education programat theSchoolofLaw.Thesevolunteers from the Los Angeles urban community comprise what the school calls its Witness Program; they come regularly to campus to be "witnesses"inclinicalclassroomsandsometimesin full-scaletrials. Atfirstglance,theWitnessProgram mightappeartobeasimpleexerciseinroleplaying. In fact, it is muchmore-and thatbecomesclearas Ronnie Schwartz recalls her own finest hour as a witness.
InaclinicalcoursetaughtlastSpringbyProfessor David Binder, Schwartz was cast in the role of an employmentagencyowner. Binderhadmailedtoher home "all the information I needed to know. The background papers for my role were an inch and a half thick, including state regulations for owning such an agency. I felt overwhelmed as I looked throughthematerial,butIacquaintedmyselfwithit as well as I could."
The day of herappearance in this particular case came, "and I feltvery nervous. I was questioned by twostudents.I thought thatIhaddonefairlywellas
a witness. Whentheclassended,oneofthestudents said to me, 'You really do own an employment agency, don't you, Mrs. Schwartz?' I answeredhim with asmileonmyface, 'Yes,I do.' Hesaid, 'I knew you did, I could tell.'" Schwartz thenstepped out of herrole,toldthestudent that intruthshe hadnever been in business, and thanked him for confirming her success asanactress.
"Basically, I'm a homemaker. When I became a volurrteer in the Witness Program, I had no interest inlaw,"saysSchwartz. Shehadappearedinamateur theaterproductionsearlier,andsimulatedcourtroom drama seemed a logical spinoffof that interest. Like manyoftheregularcoreof 50 to 75 volunteerssince theWitnessProgrambeganfouryearsago,Schwartz hasbecomemoreandmoreengrossedinherhoursat the lawschool.
As the witness coordinator, succeeding Millie Wassermanwhoguided the effort forseveralyears, Schwartz now has become a permanent member of theschoolcommunity. Herofficeinthelawbuilding is like central casting. "When a professor comes to me with a clinical exercise, I find the appropriate witnessforeachrole,makeupaschedule, andseeto other details such as parking.''
Her own enthusiasm comes from the knowledge
that this programis vital to the law school, and the othervolunteerssharethatsamesenseofbelonging. "Often, one of them will phone me and ask, 'Why haven'tyoucalledmelately?"'(Mostofthewitnesses are called regularly, and there is a continuing need for new volunteers.)
While she sees to it that the program runs smoothly, Schwartz also emphasizes the fact that "we don't train our volunteers in their roles as witnesses. They must know the facts of the case, and yet we want them to be natural. It is extremely rare when one of the witnesses doesn't know all the facts, but often they are nervous just as they would be in a courtroom."
The witnesses know they can scream or do whatever they think is convincing. One witness perhaps overdiditabitandcarriedonlikeamaniac. Standing up, she yelled, "Get me some water!" A student panicked at what appeared to be an emergency, not realizing that the witness was only building a character.
"We do get vicarious enjoyment from our roles, thereisnodoubtaboutthat,"saysSchwartz. "Ihave oftenheard actorssayitiseasiertoplayarolethan to be one's self, and I find that sometimes I can be more comfortable stepping out of myself and into a part for the clinical program."
Alex Chernoff of Encino, a sales representative and businessman for 35 years, initially became involved in the program because his son was a UCLA law student. "I get great satisfaction in being a witness, I have a great time. I think it would give manypeople abetter perspectiveaboutouryounger generation if they, too, had an opportunity to work with students like these. And there certainly is an opportunity togetdeeplyinvolved with these roles. You experience a complete transference of yourself intothenewpersonyou'reportraying. Asawitness, youtrytoformulatealogicalandcoherentresponse to any question as you would if it were an actual case, and you need to be emotionally involved to makethiswork."InhisvariousotherlivesatUCLA's clinicalprogram,Chernoffhasbeenausedcarsalesman, arealestateagentsellingahousewith aleaky roof,and a policechiefworkingon a murdercase.
Retired housewife Grace Osborne of Los Angeles also appreciates the stimulation of working with
Law students Mark Dicky and Brad Newfeld interview witness Julie Ross, while Professor David Binder videotapes the interview forlatercritique of advocacy skills. Following page: Witness Joe Carey meets to review a document with student Rob Martin.
students. "It is challenging, too, because the professors don't give me a script, just a fact sheet outliningmyrole.Inthesamerole,Icanbecalmand cool or irritable and loud. The student attorneys draw upon my emotions as a witness, and the responses I give are always spontaneous. Although the character may be the same, in each class the situation is different and never boring." In one famous case of the clinical program, Osborne was cast as Zelda, the friend of Helen Christie, whose willwascontestedonmentalincapacitygrounds."It wasaparticularlyinterestingcaseforme,becauseit went onforseveralyearsand changedslightlyeach year. Different student attorneys would bring a unique slant toeachsession."
Like other witnesses, Osborne is generous in her praise of UCLAlaw students. "I have often felt that the student interviewing me was a real attorney, even good enough tobemyown lawyer. I havebeen impressed enough that I would turn a case of my
own over tothem."
ProfessorBinder,whoconceptualizedthe Witness Program, has seen again and again that even in an environment of simulation real human interactions are inevitable.
"Students treat these cases with a high degree of realism," says Binder. "Their preparation is extensive,theyarenervousabouttheirappearances,they frequently come to their instructors to talk about their cases-much as they do with actual cases in the clinical program. For the vast majority of our students, these simulated cases are very real, and that is largely because the volunteers who play the roles are verybelievable.
"The witnesses are a vital part of the education process, they don't just imagainethat they are. This is so principally because we are continually calling upon them to provide the students with feedback about how they, as the clients, felt the students performed as lawyers. That is the principal way in
which they help the students understand all kinds ofpsychologicaldimensions of being alawyer."
Two of the witnesses expanded on that point. Julie Ross of Glendale, retired administrator of a medical group, has observed inher three years as a UCLA lawvolunteerhowstudents oftenstruggleto develop interpersonal skills in advocacy. "In one interview, Iworkedwithastudentwhowassosoftspoken and nervous that in a moment of dead silence I placed my hand on hers to calm her. Her hand was cold and clammy, and later I encouraged her to gain more assertiveness and to control an interview situation."
The process flows in both directions. Witness Sharon Bryant of Marina del Rey, who works in press relations for Southern California Edison, has foundthathervolunteerworkatthelawschoolhas been an avenue for improving her own skills in interpersonal relations.
While it is rich in reality, the methodology of simulation has some educational advantages which the real world lacks. "If students haven't gotten some point quite right, we can always call the witness backand have students go over it and then get feedback-to a degree not possible in the real world,"says Binder.
Once a studenthasadvancedtoan adequatelevel of advocacy skills, the purpose of simulation has been completed. "There is no question that the real world is richer in experience," observes Professor Binder.
Yet in a learning environment, "there are many drawbacks in using the real world all at once. We are talking about students who are quite inexperienced.Inmanyinstancestheywilllearnmoreif theybegintodealinsituationsthatareslightlyless complex than those found in the real world. We might build abetterfoundationif westart by using circumstances not quite as complex as what actual cases involve.
"Andthereareotherdrawbacks,"Bindercontinues, "which don't haveto do with complexiity of details; the allocation of time, for example. If you're supervisingarealcase,you mustbecertainthateveryiis dotted and every t is crossed. In a simulated case, youcanletthestudentmove forward and then later talkabouthismistakes. Inarealcase, theinstructor must be sure that absolutely nothing goes wrongbecause the instructor is professionally responsible for the outcome. In a simulated case, the student sometimes feels more responsible because you can leave the student freer to make choices.
"It'snotjustthatstudentscantakemoreresponsibility-it's alsothat they don't have toassumetotal
responsibility so quickly. Students will take more responsibility if they know they're not actually affecting somebody's life. They will try more approaches to a problem, be more experimental, and not lean so heavily on the teacher. In teaching trial advocacy, I saw that some students were so afraid ofmakingamistaketheywereafraidtodoanything; theywanted topushtheresponsibilitybackonme."
Or, as Senior Lecturer Paul Bergman argues the case for simulation in legal education, "We tend to forget what it was like to be in law school whenwe had virtually no experience. We didn't know the first thing then about being a lawyer. You're in the same situation insimulation, but it is easier to take somechances, tryoutsomeideas. Thatputsyouout on your own."
LecturerSusanGillig,whoadministerstheclinical program as assistant dean of the lawschool, agrees. "Simulation can be controlled. You're not at the mercyoftheotherparty.Studentsarefreetoexperimentinawaythat they cannotwhentheyhavereal clients." The utilization of simulation, says Gillig, "is growing and growing." It is integrated into the teaching of the clinical courses in fact investigation; estate planning; and interviewing, counseling, andnegotiation.
Other advantages of simulation, says Professor Binder, are that it allows more topics to be covered systematically in a given course and it enables instructors to devote more class time to fundamental principles.
"Obviously, some combination of simulation and reality is desirable. In our estate planning course, forinstance,weworkfirstwithsimulationandthen with real cases. A similar pattern occurs in the teachingof trial advocacy," says Binder.
Acting Professor Patrick Patterson, who teaches trial advocacy, says that "an ideal clinical program involves both simulation and representation of real peopleinrealcases,andthatiswhatwehaveinthe trialadvocacycourse.Thecourseisprimarilysetup so that the first semester is largely simulation and classroom work, and the second semester is largely real case work."
SomeutilizationoftheWitnessProgramhas been made beyond the clinical courses. For example, Professor Stephen Yeazell recently included a witness interview in a class session on civil procedure to give a sense of "the human context in which proceduralissuesarise." Beyond that, says Yeazell, itgavehisstudentsareminderthatoverlylegalistic solutions aren't necessarily the best ones; in this particularscenario,theclientreallywantedtoknow whether she should pursue any legal action at all.
"After an hour, I felt I had been through a wringer. I can't imagine a better way of learning."
Moving beyond witness interviews in one or a series of class sessions, or even a more developed "trial"setting, Professor Bindernowisexploringthe use of simulation over an extended time. Now students in some clinical courses are developing extendedlawyer/clientrelationshipswiththevolunteers. This includes the usual amount of telephone contactasthestudentattorneyprogressesthrougha particular case.
In Binder's course on interviewing, counseling, andnegotiationthestudentshaveanongoingrelationship with one client for half a semester, then a second client for the remainder of the term. "One of the valuable thingsabout this isthat we are continually having the clients debrief the students by explaining how they reacted to things the student did."
While thefacultycontinuetodevelopmethodsfor clinical instruction, the student demand for these
courses outpaces their availability. Although twothirds of UCLAlaw students now take at least one clinical course before graduating, the present facilities of the law school can accommodate only half the student demand for the courses.
Thatisamajorreasonfortheplanned additionto the lawbuilding, which willprovideteachingspace and equipment appropriate to this type of instruction. The videotaping process so essential for feedback will be less.obtrusive in the new teaching space. The number of clinical classrooms will be doubled, whiletherewillalsobe"lawoffices"where students can meetclients inactualcases.
Thosebestabletoevaluatethistypeofinstruction, ofcourse,arethestudents.BrianAppel'85concludes that the use of simulation in clinical learning "reinforcesmyperspectiveonlawyering.It'sanexposure to the lawyer/client interview process that many lawyers may not encounter until they're already practicing witha law firm."
Thevolunteerwitnesses,saysMikeMackness'85, "are much more effective than students would be in playingthe roles of actual clients."
When Julie Bisceglia '85 interviewed her first two witnesses in the course on interviewing, counseling and negotiation, she encountered two extremely difficult clients. "One talked a mile a minute and I just couldn't take notes fast enough. After an hour with the other, I felt I had been through a wringer. I can'timagine abetter way of learning." D
Alison Grey Anderson: Vision, Clarity, and Humor
by Ellen Klugman
lison Grey Anderson seems too young to be a part of history. However, she was one of the few womenofthe'60swhohadventured intothegamecalled "law" atatime when that competition had not yet gone conspicuously coed. And when lawschoolsbegantheirfirstearnesteffortstogarner morewomenlawprofessors,AlisonAndersonplayed first string among their female recruits. In an era where womenlaw studentsand female law professors are nearlycommonplace,that mightbeconsidered history. For Alison Anderson, only 41 years old, it is merelymemories.
Indeed,asanundergraduateEnglish,history,and literature major at Radcliffe College in Cambridge, Massachusetts,Alison Greyhad nointention ofbecoming an attorney. Even a Radcliffe graduate's career options were limited to a choice among
teaching,researchingforTime,orbecominganexec utive secretary. None of these choices appealed to the Radcliffesenior.
Buta biographyofJustice Oliver WendellHolmes did. That biography and her much admired older brother's decision to attend law school prompted Alison to apply as well. Her brother now teaches law. And so does Alison Anderson.
"It was an entirely different world," Professor Anderson recounts dispassionately when asked to describelifeasafemalelawstudentinthe'60s. Her first year class counted 16 women among its 300 students. Only twelve of those sixteen graduated. "Basically,wewereconsideredfreaks,"sheexplains.
Ellen Klugman '84 has written on law, consumer, and women's issues for the New York Times, Wall Street Journal, andotherperiodicals. SheisanattorneyatPach!, Ross, BernhardtandSears.
"On occasion men would accost us in the halls and say, 'Don'tyouknowyou'retakingupthespaceofa man needing to support his family?"'
It was the prospects of a $118 per semester legal education thatdrewAlison back to hernativeWest Coast to attend Boalt Hall at UC Berkeley. Once there,Alisonfastidiouslyavoidedcoursesthatmight havebeenconstruedaswomen'sfare,suchasfamily law. Instead, she stockpiled on technical and business law training. Despite this choice of concentrations, her personal interests in the field tend to be more humanistic, she confides.
Law firm recruitment also had a differenttexture than it does today. Whether a firm might hire a woman at all was the sole focal point of all interviews. Women seeking clerkships faced the same problem. She recalls that Boalt Hall refused to nominate a woman for a Supreme Court clerkship becausethey"considereditawasteofa (nomination] space"giventheCourt'strackrecord.However,Judge Simon Sobeloff atthe U.S. Court of Appeals for the Fourth Circuit in Baltimore had hired one previous womanlaw clerk.Alisonwas the second.
After her clerkship, she spent the nexttwo and a half years as anassociateat Covington and Burling in Washington, D.C. She accepted the position in partbecauseofthefirm'sreputationasafeederinto academia,Alison'sultimategoal.
At the time, Covington and Burling had eight womenassociatesamongits140attorneys.Working atthefirmhelpedshapethetextureofAlison'sfuture teaching career. "They had a lot of antitrust work," she remembers wryly, "and I didn't want to spend my two year stay on a lot of paperwork and documentdigging.SowhentheyaskedmewhatIwanted to do, I picked tax instead, since tax is a subject which involves more conceptual analysis that fact scrutiny.
Asitturnsoutlawschoolsarealways hungryfor taxteachers.WhenAlisonappliedforapositionasa lawprofessor,UCLAreliedonherknowledgeoftax to match her with its opening for a securities professor. That was in 1972. She has been with the UCLA School of Law ever since. She now teaches torts and business associations.
Professor Anderson remembers 1972 as a time when being a femaleattorney had suddenlybecome agreat asset. Lawschoolswere diligentlysearching for female professors to round out their ranks. IncludedamongherofferswasonetoteachatHarvard. She decided upon UCLA after a former Boalt Hall fellow studentand then-currentprofessorat UCLA SchoolofLaw, Barbara Brudno,urgedhertoapply. "IlikedtheatmosphereatUCLA,"Alisonexplains.
"Itwasveryrelaxedandhousedverydifferentintellectual styles and interests, allof which were flourishingequally.Thepeoplewereenthusiasticandthe. faculty young. These things arestill true."
The year Alison Anderson entered teaching she wasflankedbytwoothernewfemalelawprofessors, Susan Westerberg Prager and Carole Goldberg-Ambrose, both of whom now serve as deans at the law school. Carole Goldberg-Ambrose recalls,"Alisonconveyedagreatersenseofauthority than the other men and women starting out at the time. She also had early successes with teaching when many of us had to struggle in the beginning. Shehasaforcefulintellectandisextremelyarticulate and well-read. I think there's a lot of respect for Alison onthis faculty."
ProfessorSteveYeazellagrees.Heobserves,"while manyofusthinkabout howtomaketeachingenjoyable for ourselves, she's more concerned about how itwillaffectherstudents.Alisonpossessesastriking kind of selflessness in teaching. She has served on or chaired almost every faculty committee that's hard,including appointments and admissions."
Alison Anderson's satisfaction with teaching has little to do with her evaluation of the American system of legal education. "I found my own first year of law school depressing and boring," shesays grimacing. "I could hardly get out of bed in the morning to getto classes." Her face eases considerably as she adds, "Like all human beings, I became moreinterestedafterIfoundouthowwellIdidfirst semester.Despitethesystem,IfoundIlikedthinking about things." Upon that realization, she began to consider teaching law as a career. Working as ArticlesEditorforthe CaliforniaLawReviewhelped refine Alison's interest in academic issues andresearch.
However, to this day, she remains a relentless critic of legal learning as we know it. When asked what she feels needs to be improved upon, she bursts out laughing. "I would say everything," she says with abrupt seriousness. "I think the current legal education system is generally doing a very poor job of educating law students. We get very bright students so they go out and become very bright lawyers, but it's certainlyno credit to us. As institutions, law schools teach students peculic.1r things given what they're going to do when they become lawyers." Within the constraints of modern legal education, however, Professor Anderson feels that UCLA is doing a good job. Nonetheless, where there's room for improvement, Alison Anderson is willingto takea stand.
In1982-83,sheandProfessorGeraldLopezspear-
headed an experimental first-year section which used the first week of each semester to explore issues of general lawyering. The seminar was designed to show students how much they already knew about "thinking like a lawyer." The topics addressedlawyer-clientrelationshipsandproblems, the litigation system, disputes, the differences betweencourtsandlegislatures, and jurisprudence. "The number of hands that went up the first day of regular class was remarkable to me," she says in retrospect. "Surely it made a short term difference but it's hard to measure the long lasting effects of the program."
Glenn B. Davis '85 was in Alison Anderson's sectionthatyear. "Wewerenicknamedtheremedial sectionbytheotherfirst-years,"helaughs."Throughout the year I don't think our section wasasuptight or neurotic as some of the others. I think the introductorymaterialhelpedpeopleloosenupandmight have placed us in the right frame of mind to enjoy
ourselves and what we were learning."
The second semester of that experimental section usedoneweektotackleissuesinthelegalprofession. Normally, itisa subject reservedfor secondorthird year study at UCLA. Their goal was to expose law students to the issues and conflicts of lawyering at an early stage of their legal education. Her teaching partner, Professor Lopez,isnowonleaveofabsence to teach at Stanford Law School. But Alison Andersonhasfound alliesin UCLAlaw Professors Steve Yeazell and David Binderin creating projects for this year's first-year sectionstudents. In Spring of '85 a clinically oriented fact investigation course willreplacetwounitseachoftortsandlegalresearch and writing. Another first year section will have a legal professions course.
Although devoting most of her efforts to revising the first year curriculum, Alison Anderson lacks neither opinion nor interest in the state of upperclassmanlegal education.
"I found my own first year of law school depressing and boring. I could hardly get out of bed in the morning to go to classes."
Shelabelsthesecondandthirdyearsa "disaster." Bythattime,shefeels,moststudentsaresufficiently schooled in case analysis. She believes that the student body couldbeusedmore effectively inpeer tutoring and writing evaluation programs. "I also think we couldset up intellectual structures tohelp students find out what it means to think like a lawyer," she stresses. For instance, while law students are schooled in abstract analysis, the current system of legal learning does not help lawyers identify what a client's problem is and how to converttheintellectualexercisesusedinlawschool training into fruitful solutions serving that client's bestinterests.
Last Fall, Professor Anderson returned to Cambridge as a visiting professor to teach torts at Harvard Law School. There, she teamed up with fellow Visiting Professor Lopez in continuing the proiect they hadinitiatedat UCLA.
Of the differences, she concludes thoughtfully, "I thinkHarvardisaplacethatissomewhatoppressive to the people there. The individual faculty and students are extremely nice. But you just have a sense that being No. 1 orfeelingas ifyou wereputs suchapressureonpeopletoperformallthetime-to worry about making mistakes and doing the right thing. Itisatrulychillingeffect.Thereseemstobea wide range of quite relevant human concerns that don't get a lot of attention there; questions like 'Is this a good way to lead my life?' or 'Is this a healthyatmosphereforhumanbeingstospendtheir time in?"'
Intellectualself-confidenceisthemajordifference between the two student bodies, she asserts. The students here are just as bright in intelligence and insight but theydon't knowit.
"The downside (of Harvard's more intellectual attitude) is that a greatdeal of glib chatter goes on. Whetherornottheyhavethoughtsorfeelingsabout the issue, people arewilling to perform if you push the right button. At UCLA, I have the impression that students are only willing to say things when
they believe theirown statements." In addition,she notes, Harvard Law School has a more noticeably homogeneous and more affluent student body than does UCLA.
Raising a family has kept Alison Anderson from publishingasmuchasshemightlike. The May1984 issue of the Virginia Law Review contains her article, "The Meaning of Federalism: Interpreting the Securities Exchange Act of 1934." Her other publicationsinclude "Fraud, Fiduciaries andInsider Trading," 19 Hofstra Law Review 341 (1982); "Conflicts of Interest: Efficiency, Fairness and Corporat_e Structure," 25 UCLA Law Review 738 (1978); and "The Disclosure Process in Federal Securities Regulation: ABrief Review,"25 Hastings LawJournal311 (1974).
Alison and herhusband, C. David Anderson, live with their sons Charlie, 7, and Patrick, 5, in Los Feliz, an area close to Mr. Anderson's downtown lawfirm,Tuttle &Taylor.Tocopewiththedemands ofraisingchildreninatwocareermarriage, sheand her husband have devised elaborate semester-long schedules. Her husband comes home early several eveningsaweeksothatAlisoncanstayattheoffice tocatchup.Both parents' goalistospendweekends with the children, but each parentis "assigned" one dayperweekendwiththe children, sothattheother canwork, if necessary.
It sounds complex. Yet, as Associate Dean Carole Goldberg-Ambrose observes, "AlisonAndersonjust generates that ability to take care of things. Even when she maybe feeling that she can't."
And, like the rest of us, Alison Anderson does indeedhavethosedayswhenshefeelsshe"can't.""I like teaching, I really enjoy it," she says, voice surging with enthusiasm. "But it's frustrating a lot ofthetime. Youcan pour your life'sblood downthe draineverydayandstillnotdoagoodjob.Teaching is one of those burnout jobs. You're dealing with people over and over in recurring situations where they have tremendous needs that you cannot meet, no matter how actively you try. Teaching is a very
"It takes a lot of work and effort to be an effective teacher and to keepstudents interested and feelinglike they matter."
egowearingjob. It'sapersonalkindofjob.Youtend to take it hard. Soit'stiring in thatsense."
While others may praise her profusely, Alison Anderson maintains what she believes is a realistic self-assessment. ''I'dlovetobeabrilliantclassroom teacher and I'm not," she says matter-of-factly. ''I'd love to have the kind of personality which holds students fascinated the moment I walk into class. I'magoodteacher,butittakesmealotofworkand efforttobeaneffectiveteacherandtokeepstudents interestedandfeelinglikethey matter."
"Teachinginterestsmealot," ProfessorAnderson concludesemphatically."Thegreatestbenefitisthat I'm neverbored,"she adds withamischievousgrin. "And it seemsto me that's one of the major goalsin life, to neverbebored."
The interview complete, I collected my pad and tape recorder and left the UCLA School of Law somewhat amazed. Here was a professor I had watchedforawholesemesterduringmyownbattle with business associations. At that time I had
"I liked theatmosphereat UCLA. The people were enthusiasticand the facuity young. These things are still true."
admiredherattempttoenhancestudentparticipation inahugeclassbyusingaproblem-solvingapproach tothatsubject. ButIneversuspectedthatthehighly articulate, self-possessed, sensibly dressed woman before us was anything but a business law junky. Havinggoneintotheinterviewseekingcolorforthis personality profile, I hadbeen handed a rainbow. A rainbow of vision, humor, clarity, and commitment to progress. Inother words, Alison Anderson. D
Freedom of Speech: Future Dimensions
reedom of speech in America has a future which givesreason for hope androomforexpansion. Thatmessage runs through a new treatise on the First Amendment by Professor Melville B. Nimmer.
Nimmer is the legal profession's most influential authorityoncopyrightlaw.Hismultivolumetreatise titled Nimmer on Copyrightiscited in a majority of copyright cases in the nation's trial and appellate courts.Recently,theNationalLawJournaldescribed Professor Nimmer as "the king of copyright."
His new treatise, Nimmer on Freedom ofSpeech, was published in June by Matthew Bender. While it analyzesthemassivebodyofcaselawonfreedomof speech, it also points to future directions which courtsmight take in interpretingthe Constitution.
Although most people might regard freedom of speechasasimplematter, Nimmerobserves,"many intricate strands of First Amendment freedom of speechlawhaveemanatedfromtheSupremeCourt, mainlyduringthepasthalfcentury."
The issues are complex: What is "speech?" What functions are served by protecting it? What are the limits of freedomofspeech?Whatactionsconstitute an "abridgement" of this freedom?
In his new treatise, Nimmer analyzes the host of cases surrounding these controversies in recent decades. Thatprocessof legalscholarship, he says, is a "twofold task of bothdescribingthe lawasit is and also of suggesting the law as it should be."
Nimmer observes: "What should be the lawtoday may well become the law tomorrow. That is the genius of our common law. It is also, and perhaps mostparticularly, trueof constitutionallaw."
Symbolic speech is aprime example.
After he surveys a legal thicket of cases on sym-
bolicspeech-hairstyles, mannerofdress,andother non-verbalmethodsof"speaking"-Nimmersuggests that "full and equal status should be accorded to symbolic speechunder the First Amendment."
While the courtshave resisted equating symbolic speech with verbal speech, fearing that a floodgate would beopenedforallmannerofconduct, Nimmer sees the fear as unfounded. The error stems from a false premise that verbal speech is absolutely immunefromlegal control. In fact, verbalspeech is not totally immune, and Nimmer concludes that the same controls should apply to verbal speech and symbolic speech alike.
"Recognitionof suchequalitywouldmeanthatno one will be penalized because he is only able to or chooses to communicate in a language other than that of conventional words," Nimmer writes. "We willallbe thericher for suchrecognition."
Another current controversy inFirst Amendment interpretation is whether freedom of the press is a rightdistinctfromfreedomofspeech.Althoughsome legal scholars and most journalists assert this distinction, the U. S. Supreme Court to date has not recognizedaseparate right ofthepressdistinctfrom the rightsenjoyed by all others.
Professor Nimmer concludes that a distinction should be recognized. "Freedom of the press as a right recognizably distinct from that of freedom of speech isan idea whose time ispast due," he notes.
In this area as in others, there are conflicting interests. Nimmer, in his analysis of First Amendment case law, advocates a definitional approach to balancing of interests. This method of defining the limits of free speech by finding a balance between conflicting rights is an alternative to the absolutist viewpoint.
While an absolutist interpretation of the First
Amendment would say that any law which for any reasonandinanydegreepunishesorrestrictsspeech is unconstitutional, Nimmer points out that "the absolutist view has never been fully accepted by anymemberofthe Supreme CourtotherthanJustice (Hugo) Black."
He adds that an absolutist interpretation is undesirable, since it would mean that laws such as those againstperjury and fraud would be invalid.
Justice Black himself did not apply his absolute position on freedom of speech consistently. Black dissented, ironically, in the case of Cohen v. California, which Nimmer argued and won in the Supreme Court. The case involved a young man arrestedforwearingajacketbearingthewords"Fuck the Draft." The court majority found that such emotiveexpressionsofpoliticalspeechdohaveFirst Amendment protection.
One ofthe most basic questions inconstitutional law which is addressed in Nimmer on Freedom of Speechasks whythisfreedom issoimportant. Aclassicanswertothequestionsaysthatfreedom
of speech produces truth. Writes Nimmer: "John Milton's image of Truth and Falsehood in mortal combatwillstrikemanyasaromanticillusionfrom an impossibly naive era. Childrenof the age which produced the Holocaust and the Gulag are not prepared easily to accept the inevitable triumph of Truth."
Present-daylegaltheoristshaverejectedthe"enlightenment" function as a justification for freedom of speech, and instead they argue that personal selffulfillment is the primary function.
Nimmer disagrees, and finds that both enlightenmentandself-fulfillmentprovidestrongrationales forfreedomof speech.
And he findsample optimismfor the future.
"It must be said that in the United States today freedom of speech isalive and tolerably well, if not always thriving," Nimmer writes in the preface to hisnewtreatise."IliketobelievethatGeorgeOrwell wouldhavebeenpleasedbythefactthatthisanalysis of freedom of speech waspublished in 1984."D
A Time of New Opportunity
heSchoolofLawclearlyhasestablished its place amongthenation'sleading law schools. Now the school faces newopportunitiestoinsureitscontinuedexcellenceinlegaleducation. In making those opportunities become realities, the support of alumni and friends is moreimportantthisyearthanithaseverbeenbefore. Three very significant developments are coming together at this time inthe life of UCLA's School of Law:
1. The UCLA Campaign, a major effort to raise $200 million in private funds for the University in five years, includes a goal of $7.5 million for the School of Law.
2. The Stateof California thisyearbudgetedplanning funds for an addition to the law building. The building project, scheduled to begin in two years, willmeeturgentneedsofthefacultyandwillprovide teaching space for the clinical education program.
3. The financialsupportofalumniandfriendshas grown during the past two years to a level which signifies a maturing awareness of the need for this support.Listedonthese pagesarethe names ofmore than 1,000 graduatesandfriendswhosupportedthe law school in fiscal 1983-84. Their contributions to the Dean's Fund totaled $377,682 during the year. Amongthemare 169 membersofThe Founders, each committed to give at least $10,000 to the school during the decade.
UCLA SchoolofLawDonors, 1983-84
(Fiscal year July 1, 1983 to June 30, 1984)
1952
Participation: 44%
Number of Donors: 17
Total Graduates: 39
*Arthur Alef
Maurice W. Bralley, Jr.
Howard 0. Culpepper
***Curtis B. Danning
Jean Bauer Fisler
***Arthur N. Greenberg
***Richard T. Hanna
***Geraldine S. Hemmerling
***Bruce I. Hochman
Sidney R. Kuperberg
**J. Perry Langford
***DonaldC. Lieb
***JohnCharlesMcCarthy
*FrederickE. Mueller
Sallie T. Reynolds
**MartinJ. Schnitzer
***Lester Ziffren
1953
Participation: 21%
Number ofDonors: 8
TotalGraduates: 38
**NormanBradleyBarker
*Robert Joseph Grossman
Ronald B. Labowe
Dorothy W. Nelson
*JohnE. Parker
**Jack M. Sattinger
**C. Douglas Wikle
***Charles A. Zubieta
1954
Participation: 29%
Number ofDonors: 27
Total Graduates: 94
***Leon S. Angvire
*John A. Arguelles
*Carl Boronkay
***ThomasL. Caps
***SeymourFagan
*HarveyF. Grant
*HarveyM. Grossman
***Martin R. Horn
***MarvinJuhas
Eugene V. Kapetan
***Gerald Krupp
JackLevine
MiltonJ. Litvin
W. WalterLivingston
***Martin S. Locke
***SherwinL. Memel
**Myron Meyers
***Billy Gene Mills
Gordon Pearce
***Roger C. Pettitt
*HowardW. Rhodes
***Norman A. Rubin
Edmond J. Russ
***Donald Allen Ruston
Donald S. Simons
Anne P. Toomer
***Robert F. Waldron
1955
Participation:20%
Number ofDonors: 17
Total Graduates: 87
***JohnS. Byrnes, Jr.
***Lee J. Cohen
MyrtleI. Dankers
*Herbert Z. Ehrmann
***Allan S. Ghitterman
*Irving M. Grant
***Samuel W. Halper
***EdwardLasker
Forrest Latiner
**MarshallM. Litchmann
*GeraldE. McCluskey
*Graham A. Ritchie
RichardSchauer
***DavidSimon
DavidW. Slavitt
***William W. Vaughn
***Joseph A. Wein
1956
Participation:21%
NumberofDonors: 16
TotalGraduates: 77
Herman M. Adams
***John A. Calfas
**William Cohen
RichardE. Cole
***Florentino Garza
Mervin N. Glow
***IrwinD. Goldring
***BenjaminE. King
*Kenneth E. Kulzick
Howard N. Lehman
***BernardL. Lewis
***MiltonLouisMiller
***Allen Mink
Marvin D. Rowen
*Herbert J. Solomon
*J. HowardSturman
1957
Participation: 12%
Number ofDonors: 11
Total Graduates: 94
*James Acret
Richard D. Agay
***MathiasJ. Diederich
*David R. Glickman
Jean Ann Hirschi
Everett W. Maguire
***Mariana R. Pfaelzer
Roderick B. Riccardi
**Charles E. Rickershauser Jr.
*Gloria Shimer
**Irving A. Shimer
1958
Participation: 26%
Number ofDonors: 33
Each of these three developments may be considered separately, but together they represent an unequalled opportunity for realizing continued excellence at theUCLA School of Law far into the future.
The law school's $7.5 million goal in the UCLA Campaign will provide endowments for teaching chairs, enrichment of the academic program, a solid foundation for assisting future students, and an endowment forthe library.
Hugo De Castro '60 is chairman of the Campaign Committee. Members of the committee are Lourdes Baird '76, Stanley Fimberg '60, William Graham '73, ArthurGreenberg'52, MarvinJuhas'54, JamesKindel, Jr., George McCambridge '73, MarshaMcLean-Utley '64, and Ralph Shapiro '58.
The campaign focus is UCLA's academic excellence, whichisindeedan"investmentinthefuture."
Annual contributions to the Dean's Fund by the
Total Graduates: 127
**WarrenJ. Abbott
*Charles S. Althouse, II
*Harmon R. Ballin
William Calfas
RolandA. Childs
*TerrillF. Cox
***RobertL.Dicker
ShermanDoctrow
EdmundD.Edelman
Norman L. Epstein
***BernardD.Fischer
***Sanford M. Gage
Mitchell M. Gold
***DonaldA. Gralla
***Bernard A. Greenberg
Philip ClaytonGriffin
*HaroldJ. Hertzberg
ArthurKarma
***E. P. Kranitz
Richard C. Kurtz
ZadLeavy
BernardLemlech
***FrederickL. Leydorf
William Anthony
Masterson
***Arthur Mazirow
**WesleyL. Nutten, III
*RonaldL. Scheinman
***Ralph J. Shapiro
***LewisH. Silverberg
***ArthurSoll
*RolandR. Speers
***LesterE.Trachman
***JohnG. Wigmore
1959
Participation: 21%
Number ofDonors: 24
TotalGraduates: 112
**Willie R. Barnes
***StantonP. Belland
*Stanley Algie Black
***StephenE. Claman
**FrederickP. Crowell
*Louise D. Dale
**Richard N. Ellis
*Marilyn V.Freytag
George V. Hall
AlbertJ. Hillman
EarlW. Kavanau
**EugeneLeviton
*LeslieW. Light
JosephH. Loeb
***DavidHerschelLund
**RobertCraigMcManigal
*MiltonB. Miller
SaveryL. Nash
**JosiahL. Neeper
***JohnH. Roney
**BernardS. Shapiro
*RobertH. Stopher
***CharlesS. Vogel
***PaulB. Wells
1960
Participation: 25%
Number ofDonors: 28
Total Graduates: 114
***RodneyM. Berke
***BarbaraD. Boyle
***SanfordL. Brickner
**RogerJ. Broderick
*JohnK. Carmack
***Martin Cohen
***HugoD. De Castro
loyal alumni and friends listed here are the very foundation of this entire effort. Each class year of alumni now has at least one designated representative working together to build continued strength in the annual fund.
Generous giving continues to increase in major supportgroups suchasThe Founders, and whenthe next portionofTheFounders Wallis dedicated next year the names inscribed there will evidence this generosity.
A major focus for the year ahead is to encourage gifts from a much larger percentage of law alumni, with each one giving at the level he or she is able. The fullparticipationofalumniwillhelpthe School of Law continue its tradition of excellence and innovation.D
RICHARDF. &ELEANORW.DWYER FUND FOR EXCELLENCE LEONARDG. LEIBOW MEMORIAL FUND
Gendel, Ruskoff, Shapiro & Quittner GEORGEL. MARINOFFMEMORIAL SCHOLARSHIP FUND
Lloyd Rosenwein
Elaine S. Good
BILLYG. MILLSSCHOLARSHIP
Ronald Slates
MICHAEL PALLEYMEMORIAL FUND
Mr. & Mrs. FloydClover
Louise Suzette Clover
Edward J. Horowitz
Susan Lindenbaum
Allan Morton
Mary Flynn Palley
RUBALCAVASCHOLARSHIP FUND
Dominick W. & Sharon Rubalcava SUSANLYNNRYTIMEMORIAL FUND
Freda S. Hovden
Randall Ryti
Thelma Lerten
MATTHEW SMALLMEMORIAL FUND
Bailey R. deLongh
David I. Schulman
David H. Small
GEORGE ZUKER/LAWSCHOOL'S EMERGENCYLOANFUND
R.M. George
Ronald Schoenberg
Scholars Compare East, West Attitudes Toward Contracts
Inthe arena of businesscontracts,it is frequently observed, the Japanese exhibit behavior strikingly different from that seen inother countries. Examined closely, however, Japanese business behavior is notvery different from that foundamong American businessmen.
That conclusionis reached in an article on "Cultural Attitudes Toward ContractLaw: Japanandthe United States Compared" by Professor Arthur Rosett of the UCLA School of Law and Professor HiroshiWagatsuma, an anthropologist atTokyoInstitute of Technology.Theirarticle appears in the UCLA Pacific Basin LawJournal (Vol. 2, Nos. 1 & 2).
"It turns out thatattitudes of the Japanese towardbusiness transactions andcontractwhich are regarded as uniquely Japaneseare also found in Americansociety, although the significance of that behavior may be defined differently by each culture," say Professors Rosett and Wagatsuma.
In Japan and the United States alike, the two scholars observe that in commercial contract behavior there is agreatgap betweenwhatisstatedas thenorm and whatis practiced in reality. "There almostalways seems to be a gap in this worldbetweenwhat peopledo and whatthey saythey do," observes the lawreview article.
In both Japanand America, there has been "a state of tension between formal normative statements of contractlaw andthepracticesof business communities."
Many Japanese contracts include "confer-in-good-faith" or "harmonioussettlement"clauses.
"The so-calledtraditionalJapanese
attitude toward contract is not essentiallydifferentfromthat prevalentamongAmerican businesspersons," say Professors RosettandWagatsuma. "The difference is that in the West contract is used to define rights and dutiesof the parties by detailed provisions when goodwillandtrust betweenthe parties have broken down, while the Japanese tend to insist upon the continuingeffectiveness of goodwill and trustin every situation.
"Westerners use contract as a medical device tosave a sick relationship in case a relationship loses itsoriginalhealthy trust, while Japanesesocialnorms demandthat the relationshipalways be healthy.
"Ourhypothesisis that Japanese and Americanperceptionsof contract relationships are distinguished byan assumptionof healthytrust on the part of the Japanese and a fear of pathologyon thepartof Americans."
Thisperceptualdifference, thetwo scholars find, stems from the American culture'semphasis on the individual in contrast to Japan's emphasis oncommunityor "corporatism."
"WhilemanyAmericans tend to live with anillusionofcomplete selfreliance,self-sufficiencyand autonomy, manyJapanese tend tolive with an illusionof total harmony, mutual understanding andconsensus amongthem,"observethe two scholars.
RosettandWagatsumasuggest that, ironically,a person'scultural illusions may be a key tofinding the most beneficial frameof mindin whichto conductbusiness.
"Culture andlegalsystems are not given much choice regarding the harsh realities of theworld within which they mustoperate," they observe,"but there do appearto begenuinechoices of ourillusionsin this world. Such choices seem to have important consequencesfor the society that makes them."
Alumni Day Honors Judge
Billy Mills
The law school community honored Judge Billy G. Mills '54 asAlumnusof the Year,recognizinghisprofessional and community achievements,during thefourth annualAllAlumni Day and Barbecue on September 8.
Alumni, theirfriends,andfaculty filled the colorfultablesset up onthe law patiofor thebarbecue,which followedanafternoonofunusually stimulating seminarson topicsthat rangedfrom theconflicts ofliving with lawyerstotherelationship between womenandconstitutional law.
Alumni PresidentLourdes Baird'76 introducedWilliamMills '82to make the presentationto hisfather,Judge Mills,supervisingjudgeofprobatefor the Los Angeles SuperiorCourt.
The younger Millsquipped that while "28 yearspassedbetween his graduationandmine,he was always willing to tellmehowthingswere done in theolddays. Icanthinkofno onemoreworthyofrecognition."
Judge Mills,lookinginretrospect at his UCLA days, said that "the law school elevatedme to apositionwhere Icould survey alltheoptions availableto meontheroad to a good life. I wasn'tawareof any ofthe optionsuntil I came to UCLA."
In the short seminarprograms throughoutthe afternoon,both law faculty and other professionals shared their insights.
Professor Kenneth Graham recountedin hiswittystylethe intricate web ofrelationships among the principals ina casefamiliar to civilprocedurestudents,speakingon "TheSecretLifeof Pennoyervs.Neff."
Professor Kenneth Karstspoke on "Woman's Constitution" (the title of a recentlaw review article) and challenged his audience to thinkabout whatconstitutional lawmightbe like if itwererevisedto include a healthy measure ofwomen's perspectives.A serious effortto "askaboutthe contribution ofwomen's insights in constitutional law isto imagine a general wideningof our range of inquiry," hesaid.Thiseffortwould challenge the traditionalmale-oriented values ofhierarchy.Insteadofseeing basic rightsin terms of"zonesof non-
AlumniPresidentLourdesBaird (left)andDean Susan Westerberg Prager congratulateJudgeBilly G. Mills afterpresentation of theAlumnusof Year award, which was made byJudgeMills'son, fellow alumnus WilliamMills. Below, apart of thelaw schoolpatio wherealumni enjoyed a barbecue which has become traditional at theAllAlumni Day.
interference,"itwould emphasizethe values of caring and connection between people.
In a session on medical and legal issues of child abuse, Dr. Mary Lee Wilson,a pediatrician,and Susan
Moan,coordinator of a parents program at UCLA, provided informationoncurrent programsfor victims of abuse. Deputy District Attorney Kenneth Freeman toldof effortsto ease thestrainplaced on
children whomusttestify in court proceedings, butto prevent situations where "all the evidence shows the perpetrator is guiltybut will go free because thechildcannot withstand trialprocedures."
Ors. Dennis CopeandChristina Bensonof the SchoolofMedicine and socialworker LindaL. McFadden presenteda panelwhichexploredthe conflictsoflivingwith lawyers. While thelegalprofession's verbal aggression andrational thinking are inherently stress-producing, the panelists agreed,they prescribeda range ofreadilyavailable methodsfor reducing stresssuchas aerobic exercise, progressivemuscular relaxation, counseling for conflict resolution, andstrategies for coping.
Olin Foundation
Enables
Program
In Law, Economics
The John M. OlinFoundationhas made funds available to the School of Law andthe Graduate School of Managementtosupporta new program inlaw andeconomics, including studentfellowships, a symposium in lawandeconomics, and faculty support.
ProfessorWesleyJ. (Jim) Liebeler's presence on the lawfaculty was a major factor in the foundation's decision tosupportthe programat UCLA; he and Professor Armen Alchianof theSchoolof Management have been designatedJohnM. Olin DistinguishedScholars.
Fellowships were awarded to 27 law students under theprogram for the study of law and economics, andthey are participatingin the symposium program aswell asenrolling in courses focusedonlaw and economics.
The first lecturein the symposium program was givenin October by Yale LawSchool Professor George Priest, who gave acriticalhistory of the intellectual foundations of modern tort law.
Associate Dean Carole GoldbergAmbrose notedthat the program will "enrich our curriculum by analyzing
the economic issuesin thelaw."
The School ofLaw worked closely with the Graduate School of Managementindeveloping the program, and Dean Susan Westerberg Pragerexpressedthanks to GSM Dean Clayburn Laforce "forhis assistance in making possible thissupport for lawstudents."
Ninth Entertainment Symposium Dec. 7-8 In Macgowan Hall
Markets andmoney for motion pictures andtelevisionwill be examined byindustryexperts at the ninthannual UCLA Entertainment Symposium Dec. 7-8in the Ralph Freud Playhouse of Macgowan Hall on theWestwoodcampus.
Titled "What's New?-Marketing, Markets andMoneyinMotion Picture and Television Production," the symposiumispresentedby the School ofLaw andthe UCLA Entertainment Symposium AdvisoryCommittee.
Hours of the sessions are 2:30to 6 p.m. Friday, Dec. 7, and 8:30 a.m. to 4 p.m. Saturday, Dec. 8. The program will feature speakersfromthe entertainmentandlegalcommunities.
The symposiumisbeing coordinatedby David R. Ginsburg of Sidley & Austin andMichael I. Adler ofMitchell,Silberberg & Knupp. ProfessorMelville 8. Nimmer of the Schoolof Law will be theopening speaker.
Sessions on Dec. 7include an overview of new markets, an examination of theatrical distribution, andan update onlabor contracts.
The Dec. 8 schedule will feature sessions onhome video, production of motionpicturesdirectlyforthe pay televisionmedium,marketing and productionin music video,trendsin television syndication, andthe process of assessing marketresponses.
The enrollmentfee is $150 before Nov. 26 or $175 after thatdate, includingthe symposium, the accompanyingsyllabus, andthe luncheon. Enrollments arebeing acceptedby PaulaJensik, UCLA School of Law, Los Angeles, CA 90024, phone (213) 825-2899.
FCC ChairmanMark Fowler and ProfessorCharlesFirestoneanalyzed current communications law trends for astudentaudiencewhenFowler visitedtheschool in October.
Students Hear FCC Chairman
ChairmanMarkFowler of the Federal CommunicationsCommissionspoke to a gathering of communications law students and others in October, and themoot courtroomwasfilledto capacityforhisimpromptuvisit.
Fowler answeredquestionson topics rangingfromtelephone deregulation andallocation of low power TV licensestoFirst Amendment freedoms andtelevised pornography. He reliedmuch on marketplace theory to explain the FCC's present policyorientation.
Professor CharlesFirestone, who hadinvitedFowler to the law school, highlighteddifficult issues andat one point the twolawyers treated students to a livelyargument over the meaning of a footnote in a recentSupreme Court opinion.
Solving Problems: Better Than Winning Victories?
Lawyersand clientswhoenter litigation benton winningclear-cut victories over theiropponentsmight be cutting themselvesshort.
In a nutshell,that'stheconclusion which ProfessorCarrieMenkelMeadow reachesin amajor newstudy on the processesof legalnegotiation.
Lawyers whoadoptaproblemsolving approach,whichemphasizes real needs andobjectivesof clients and whichseeksto widen the rangeof solutions toa problem,aremore likely to serve their clients' interests than thosewhoseekonlyone-sidedgains, says ProfessorMenkel-Meadow. That advicemayseemto be common sense,but ina 90-page article titled "TowardAnother ViewofLegal
Negotiation: The Structureof Problem Solving," the UCLAlaw professor shows that thetypicalwin-or-lose climate oflegalnegotiation alltoo oftenworksagainstaccomplishing common-sensesolutions.
Thearticle,whichwasawarded first prizeby the Center for Public Resourcesin NewYorkfor legal scholarshipon alternative dispute resolution,appearsin the UCLA Law Review, Vol. 31,No. 4.
When lawyersnegotiate, they usuallyplay azero-sum game; the total winnings foroneparty minus the total losses forthe other party equalzero.
This typical approach,says MenkelMeadow,unnecessarily limits the negotiationprocess. "Negotiatorscan moreeffectivelyaccomplishtheir goalsbyfocusing on the parties' actual objectivesand creatively attempting to satisfythe needsof both parties, ratherthan by focusing exclusivelyon theassumedobjectives of maximizingindividualgain,"
she says.
In proposing thistype ofproblemsolving approachtonegotiation, ProfessorMenkel-Meadownotesthat hermotivationis"a desire to see the legal system workin away which promotesand maximizes human interactions that are creative, enfranchising,enriching and empowering,rather thanalienating and conflict-provoking." Results achieved throughproblem solving "more closely meet theparties' needs and are potentially more just."
In the traditional.adversarial negotiation,lawyers face an enormous pressureto win and to maximize victory; if thestrugglegoesall the wayto court, theresult well may be "winnertake all."Theprocess of negotiating "in theshadowof the court"limitsboththe typeand quality of solutions that can be reached, observes ProfessorMenkel-Meadow.
solutionswhichthen tend toproduce acompetitiveprocess. This, in turn, may cause the partiesto miss opportunitiesforexpanding the range ofsolutions."
Ina personal injury case, for example,thedamagedpartymay want moneytobuy anewcar. The partyat faultpossiblywouldbe in a positionto providesuch a car directly to the plaintiff atalowercostthanthe market price of a newcar whichthe defendantwouldhaveto pay ina traditional settlement. Under this more creativeproblem-solving approach, both plaintiff and defendant would benefit.
An underlyingprinciple in problemsolvingnegotiations, says Professor Menkel-Meadow,isthat people have variedandcomplementaryneeds.
"Unearthing agreaternumber of the actual needs of the partieswillcreate more possiblesolutionsbecausenot all needswill bemutuallyexclusive. As a corollary,becausenotall individualsvaluethe samethingsin the sameway, theexploitationof differentialorcomplementaryneeds willproducea wider varietyof solutions."
Jointcustody agreements in child custody cases illustrate the principle of complementary interests. The same typeof benefitcan be achievedin commercial disputes; for instance, observesMenkel-Meadow, "the defendant may wanttomake payments over timeandthe plaintiff, for tax purposes or to increaseinterest income, may desiredeferred income."
To create solutionsthat will actually solve theirclients' problems, lawyers shouldtakeinto account a full_range of needs: economic, legal, �oc1al, psychological, andethical.
Focusing on theactual,ratherthan assumed, needs oftheparties leadsto solutionsother thanthose which courts wouldorderor whichwould resultfrom compromising in adversarial negotiation," says Menkel-Meadow.
"By viewing legalnegotiation as an opportunity tosolveboth the in_dividual needsand problems oftheir clients, and the broader social needs and p�oblems ofthelegal system, nego!Jatorshavean opportunity to transfor� an intimidating, mystifying process mtoonewhich will better �e�ve the needs ofthose who require it, sheconcludes."Whether or not this will work,we don'tyetknow.But whatcan welosebytrying?"
Nation's Judges Get Study Refuting Litigation Mania
The American TrialLawyers Association hassent thenation's judgesandmembersof Congressa study publishedearlier this yearin the UCLA LawReviewwhichdisputes the existence of an American mania for litigation.
It is a popularbelief that frivolous lawsuits and courtcongestion have reached epidemicproportions in theU. S.,with most peoplenow ready to sue at the slightest provocation.
Thatimage of anoverly litigious nationis a fallacy,according to 3-1/2 yearsof research by scholarswho workedon theCivilLitigation Research Project, funded by the U. S. Departmentof Justice.
The study wassummarized in articles by Professors David Trubek and Marc Galanterof the University ofWisconsinin the UCLA Law Review, Vol. 31,No. 1. Theresearch tracedpotentiallegal disputes in5,000 householdsin fivedifferentU.S. judicialdistricts,and found that for every 1,000 grievances in which more than $1,000 was atissue,only about 100 cases resulted in hiring a lawyer and only50 in filinga lawsuit.
The researchers tracked 1,650 civil lawsuitsthroughfederal andstate courtsandinterviewed the more than 1,300lawyers involved. They found that typically anattorneyspends about30hours on acase andearns well under $2,500for thatamount of work.Median annualearningsof the lawyersinterviewedwere $45,000.
Based onrequestsfor reprints of the articles,editorsof the UCLA Law Reviewconsidertheissue a best seller.
TheAmerican TrialLawyers Associationhaspurchased 13000 reprints. Theywere sentto ev , ery federal andstatejudge ofgeneral jurisdiction andto each member of Congress.
(Acoupon at thebackof this magaz!neoffe�sa convenient way for alumm andfriendstosubscribe to the law review andother journals publishedatthe SchoolofLaw.)
Calendar of Events
Friday and Saturday, December 7-8, 1984-Ninth Annual UCLA Entertainment Symposium, Ralph FreudPlayhousein MacgowanHall.
Monday, December 10, 1984-New York Alumni Reception,hosted by DeanSusanWesterbergPrager.
Thursday throughSunday, January 36,1985-AnnualMeeting of the AssociationofAmericanLaw Schools Washington Hilton Hotel,Washington'. D. C. Saturday, January 5, 5:30-7:30 p.m.,UCLA Alumni Reception hosted by Dean Susan WesterbergPrager and the UCLALaw Alumni Association.
Saturday, February 2, 1985-Annual Dean's Dinner, Royce Hall, 7p.m. EarlySpring-Classof'69and '74 reunions, detailsto be announced soon.
Friday, March 1, 1985-Professor Melville B.Nimmerand the UCLA Sch?ol ofLawhostthe Copyright Society of the USA'smidwinter meeting atthe Schoolof Law.
Friday, Saturday, March 15-16, 1985�ommunicationsLaw Symposium, International Satellite andCable Television."
Thursday, Friday, March 28-29, 1985-California Department of Justice andUCLA School ofLaw cosponsor conference "Why Crime Is Down," Haines HallAuditorium.
Nobelist Tutu Speaks at School
The weekbeforehe won the Nobel PeacePrize, AnglicanBishop �esmondTutuofSouth Africa spoke m October to a standing-room-only audience atthe School ofLaw. His appearance,sponsoredby student organizations, was fortuitous sinceBishop Tutuwas on a California speakingtourjustbefore the Nobel prizewasconferredon him for his effortstowardendingthe apartheid policiesof South Africa.
The 1950s
John A. Arguelles '54 hasbeen appointedbyGovernorDeukmejian to the Second DistrictCourt of Appeal.
Justice Richard Schauer '55 of the CaliforniaCourtofAppealswillend his 20-yearjudicialcareerto jointhe litigationdepartmentofSidley & Austin, LosAngeles. Hewas appointed to theSuperiorCourt in 1965 and served as thecourt's presiding judge in1979 and 1980.
Judge Byron K. McMillan '57has retired from thebenchafterserving forover 25 years inthe Orange County SuperiorCourt. Hewillenter private practice with Horton, Barbaro & Reilly, SantaAna.
Warren Abbott '58 hasbeen
appointed generalcounselof the Metropolitan Water District. Hewas formerly assistantgeneralcounsel since1980andwill now supervise all legalmatters forthesix-countydistrict.After graduating from the UCLA Schoolof Law, Abbottbecame assistant attorney general ofCalifornia andheld thatpositionfor 22 years.
The 1960s
Gary I. Boren '61has recentlywritten thebook Qualified DeferredCompensationPlans.publishedbyCallaghan andCompany. Heis currently professor of law anddirector ofthegraduate taxprogramat Washington University School ofLaw, St. Louis.
Judge Everett E. Ricks '62 of theLos Angeles SuperiorCourthas been electedchairmanof the judicialsectionoftheCaliforniaAssociationof
BlackLawyers.
Richard D. Aldrich '63, who headsa law firm inShermanOaks, has been elected a fellowof the AmericanCollege of TrialLawyers. Approximately 200 lawyers fromthe U.S.andCanada wereselectedfor thishonor.
Marvin G. Goldman '63, a partner of Reid & Priest, New YorkCity, has become headofthefirm's business law practice group.
Sanford Paris '63of ARCS Mortgage, Inc., hasbeen namedby LosAngeles Mayor Tom Bradley to the Library Commisssion.
Daniel L Shafton '63 has established the Empire National Bank in West Los Angeles. Shafton, a specialistin real estate and representation of financial institutions, will serve as vice chairmanofthe board and generalcounsel.
Jerry S. Phillips '65 and BarryA. Friedman have recentlyformed the
firm of Friedman & Phillips, Los Angeles.
Arnold G. York•5 ' 5 hasformed the lawfirm of York and Dallinger in Westwood withTimothy G. Dallinger.
Kenneth I. Clayman '66, president of the UCLALaw Alumni Association in 1983, was appointed public defender for Ventura County.
Richard M. Brown '67 has recently become a partner in thefirm of Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey in their Beverly Hills office. Hewill continue to specialize in broadcasting and sports law.
Bruce M. Polichar '67 is senior vice president of Manson International, Hollywood.
Michael N.Weiss '67has been elected president of the American Immigration Lawyers Association, a national
organization headquartered in Washington, D.C., and affiliatedwith theAmerican BarAssociation.He hasalsoauthored "Immigration by Foreign Businessmen and Investors," whichappeared in the Florida Bar Journal.
Three members of the Class of '68 were appointed to the bench by Edmund G. Brown, Jr., on January 2, 1983. They were Judge David H. Brickner,Judge Christopher Strople,and Judge Jerold Klein.[We regretnothaving included this information earlier.)
Leslie Steven Rothenberg '68 has become director of the Program in Medical Ethics at UCLAMedical Center. Hehas been adjunct assistant professor of medicine in the Division of Pulmonary Diseases at the UCLA School of Medicine since 1980. He continues to serveas co-chair ofthe Joint Committee on Biomedical Ethics of the Los Angeles County Bar and Medical Associations, a position he alsohas held since 1980.
George M.Turner '68, apartnerin the firm of Turner & Smart, Pasadena, has had hisfirstbookpublishedby Sheppard's/McGraw-Hill, entitled Revocable Trusts.
John Lovell '69 is currently chief counsel to District Attorney Ira Reiner.He played a major role in his campaign and was responsiblefor campaign fundraising.
Lawrence Taylor '69 has returned to private practice as a partner in the firm of Eugene M. Giometti and J. Montgomery Powell, Glendale. He was associate professor at Gonzaga University School of Law prior to joining Giometti & Powell. He taught trialadvocacy,evidence and criminal law andwas voted "Professor of the Year" for 1983-84. He declined a Fulbright Teaching Fellowship to Osaka Univerisity in Japan to resume hiscriminaldefense practice.
The 1970s
Laurie Glickman '70 and her husband JimLeewong announcethe birth of their seconddaughter, HilaryAnne Leewong. Laurie is in private practice in Los Angeles emphasizing civil litigation andfamily law.
Edwin J. Lucks '70 has become a member in the firm of Tobin, Lucks & Goldman. The firm has offices in Sherman Oaks and Bakersfield.
Stuart M. de Haaff '71, Philip J. Wolman '76, andRobertA. Zeavin '76 have become members of the firm of Buchalter, Nemer, Fields, Chrystie & Younger, Los Angeles.
Robert M. Popeney '72, Ronald A. Lebetsamer '73 and Chris T. Troupis,formerly members of Minor, Popeney & Lebetsamer, arecontinuingtheir
practice of law under the new firm of Popeney, Lebetsamer & Troup1s, Torrance.
Dominick W. Rubalacava '72, former member of the Los Angeles Fire Commission, has been named by Mayor Tom Bradley to the Harbor Commission.
William Wardlaw '72 has become a partner in the law firm of Riordan, Caps, Carbone & McKinzie, Los Angeles.
Gregg M. Ziskind '72, partner in the legal search firm of Ziskind Greene & Associates, Beverly Hills, has announced the opening of the firm's San Francisco office.
Donald P. Baker '73, a partner with the Los Angeleslaw firm of Latham and Watkins, has been elected senior vice president of the Los Angeles County Bar Association.
Joshua Dressler '73 has completed a
year as a visiting professor of law at UCLA. He hasreturned to Wayne State UniversityLaw School in Detroit, Michigan, where he is a tenured member of the faculty.
ArnoldW. Gross'73 has joined the firm of Melvin M. Belli and David S. Sabih, Beverly Hills, as managing attorney. The firm specilizes in personal injury, family law, criminal law and entertainment law.
Gregory M. Hansen '73 has been . appointed tax counselwith the firm of Case, Koy & Lynch, Honolulu. He relocated to Hawaii in October, 1983, after seven years of private practice in Salt Lake City, Utah.
Joe W. Hilberman'73 has joined Peter M. Fonda '73 as a principal in the firm of Fonda & Garrard inLos Angeles. The firmspecializesin tort and insurance litigation. Hilberman is a lecturer in the UCLA Extension Legal Assistant Program.
Paul H. Robinson'73 is currently teaching at Rutgers University Law School.
William A. Soroky '73 has opened law offices in Encino.
Leonard Torres II '73and Anita Brenner '73 haveformed the firm of Torres and Brenner, Pasadena, specializing in legal and medical malpractice and civil and criminal litigation and appeals.
Mary L. Walker '73has been appointed deputy solicitor ofthe Departmentof the Interiorby Secretary of the Interior WilliamClark. She was previouslyappointed by Attorney GeneralWilliamFrench Smith as deputyassistant attorney general for the Landand Natural Resources Division ofthe Departmentof Justice in 1982. Prior to that, Walker was a partnerwith the Los Angeles law firm of Richards, Watson, Dreyfus & Gershon.
Gary J. Cohen '74 has become associated with the firm of Trope and Trope, CenturyCity.
Harley Karz-Wagman '74, Boulder, Colorado, has been ordained a rabbi by the Hebrew Union College-Jewish Institute of Religionat ordination services by its Cincinnati school.
J. Thomas Oldham '74 was a visiting professor at the University of Colorado School ofLaw, Boulder. He returns lo his regular faculty position at the University of Houston Law Center this fall.
Randolph C. Visser '74 has become counsel to thefirm of Morgan, Lewis & Bockius, Los Angeles.
David H. White '74 has joined Pacific Resources, Inc., anindependentenergy company in Honolulu as counsel.
Mel Aranoff '75 has become associated with the Los Angeles office of Ross, lvanjack & Alborg.
M. Douglas Close '75 has recently joined ExecutiveLife Insurance Company, Beverly Hills, as assistant general counsel.
Bruce L. Dusenberry '75 has joined the firm of Lacambra, Kerry & Schocket in Tucson. He is currently president-electof the Young Lawyers
Position Open: Director of Alumni And Development
UCLA invitesapplications for the position of Directorof Alumni and Development for the School of Law. Within the context ofa major campus wide campaign, the individual will organize and direct a program encompassing all aspects of alumni and development activity; supervise the activities ofstaff who manage the annualgiving and alumni programs and work directly with the Dean and seniorvolunteers onthe major gifts program.
Requirements include education and experience equivalent to a Bachelor's Degree and sevenyears with preferencegiven to candidates with a backgroundin the law or development fora law school. Demonstrated abilityto effectively supervise and motivateboth professionaland support staff. Demonstrated success in dealing with senior volunteers in a majorgifts program. Experience withproposal preparationand projectresearch. Salary negotiablewithinthe range of $35,000-$45,000per year.
Please send resume and cover letter to:
Susan Westerberg Prager, Dean UCLA School ofLaw 405 Hilgard Avenue Los Angeles, CA90024
Section of the Stale Bar of Arizona.
John B. Golper '75 was recently appointed by Governor Deukmejian lo the Comparable Worth Task Force establishedby Assembly Concurrent Resolution 37 last Fall. The purpose of the task force is to studyall aspects of the comparable worth issue and provide theLegislature with recommendations to reduce sexbased wage discrimination in the public and private employment sectors. Galper also authored an article entitled "The Current Legal Status of 'Comparable Worth' in the Federal Courts."
Scott Putnam '75 has beenappointed
general counsel for Transpacific Development Company, a real estate development firm with offices in Los Angeles, San Francisco and Honolulu.
Robert E. Rich '75 has joined the firm of Stradling, Yocca, Carlson & Rauth, Newport Beach, as a shareholder.
Casimoro Tolentino '75, senior counsel, Writers Guild of America, has been namedby Los Angeles Mayor Tom Bradleyto the Civil Service Commission.
Michael I. Adler '76 has become a partnerin the Los Angeles firm of Mitchell, Silberberg & Knupp. He alsohas been named co-coorinator of the 1984 UCLA Entertainment Law Symposium.
Lourdes G. Baird '76, president of the UCLA LawAlumniAssociation, Molly Mungerand Deanne Smith Myers have formed the lawfirm of Baird, Munger & Myers in Los Angeles. The firmspecializes in trial and appellate litigation.
Richard D. Hoffman '76, formerly with thefirm of George & Buch, Los Angeles, and Robert H. Wilson have formed the new partnership of Wilson & Hoffman in Billings, Montana. Thefirm specializes in civil litigation.
Maria Hummer'76 of Mannatt, Phelps, Rothenberg & Tunney, has been namedby Los Angeles Mayor Tom Bradley to the Airport Commission.
Richard H. Levin '76, after serving as New Mexico deputyattorney general undernow U.S. Senator Jeff Bingaman,and as specialcounsel to the New Mexico State Corporation Commission in telecommunications matters, has openedhis own law offices in Albuquerque, emphasizing state andfederalregulation and commercial litigation.
Gary Lewis '76 is studying to become an Orthodox rabbiat Yeshiva Aish Hatorah in Jerusalem's Old City. The yeshiva has aspecial emphasis on psychological and philosophical aspects of Jewish thought.
Valerie J. Merritt '76 has become a member of the firm of Dreisen, Kassay & Freiberg in Los Angeles.
Ramon Joseph Polin '76 is a major loan consultantwith ColumbiaSavingsand LoanAssociation,Irvine.
Marguerite S. Rosenfeld'76 has become a partner in the lawfirm of Parker, Milliken, Clark, O'Hara & Samuelian, Los Angeles. She practices in the areas of business, corporate, and securities law.
Hector E. Salitrero '76 has become associatedwiththe firm of Lewis, D'Amato, Brisbois & Bisgaard, San Diego. He will be involved in professional malpractice defense litigation. He previously served as assistant attorney with the U.S. Attorney's Office, San Diego.
Ronald J. Skocypec '76 has become a proprietorat the lawfirm of Grace, Neumeyer & Otto, Inc., Los Angeles.
Mario F. Gonzalez '77 and Thomas A. Kirschbaum '77have become partnersin the firm of Ervin, Cohen & Jessup, Beverly Hills.
Clarke Holland '77, a partner of Thorton, Taylor & Downs, San Francisco, was a speaker at the annual meetingof the American Bar Association in Chicago.
Lucinda Ann Low '77 has become a partnerin the firm of Sherman & Howard, Denver, specializingin international legal matters.
Phillip E. Myers '77 is managing partner of !PI International Trade Group Ltd., tradingcommodities between Rio, Caracas and Bangkok. He also maintains a law office in Santa Barbara.
Thomas Nitti '77, presently with the firm of Condon and Condon, Santa Monica, has recently been designated as a certified specialist in taxation law by the California Board of Legal Specialization.
Royal F. Oakes '77 and Paul E. Glad '77have become partners in the firm of Barger & Walen. Oakes is inthe
Los Angeles office, specializing in insurance, toxicsubstances and wrongful termination litigation. Glad recently joined theSan Francisco office where hespecializesin insurance law, employmentlaw, and commercial litigation.
Vince O'Neill '77has been appointed chief deputy ofVentura County District Attorney's Office.
George H. Siedel, Jr. '77 has associated with Kim W. West and Mark J. Grushkin to form the law firm of Grushkin, Westand Seidel, Woodland Hills.
Carrie Small '77 is a staff attorneyin the Office of Legal Affairs of the California Air Resources Board in Sacramento.
Robert M. Tanner'77 has become a member of the firmof Lawler, Felix & Hall.
James Blancarte'78 of Mitchell,
Silberberg & Knupp, Los Angeles, has been named by Mayor Tom Bradley to the Fire Commission.
Richard D. Freer '78 hasassumed the position of assistant professor of law at Emory UniversitySchoolof Law, Atlanta, where he was named "Most Outstanding Professor" for the year 1983-84. He is on leave from Gibson, Dunn & Crutcher, Los Angeles.
Jeffrey C. Mayhew '78 has become vice president ofStanChart Export Trading Company, an affiliate of Union Bank, Los Angeles. He will be marketing andadministering the export/import activities of StanChart throughout the world.
Oleta Jackson Harden '79 has been elected assistant corporate secretary by the boards ofdirectors of New Jersey Resources Corporation and New Jersey Natural Gas Company, Wall, New Jersey.
James A. Melman '79 and James H. Turkenhaveformedthe partnership of Turken & Melman, Beverly Hills.
Kelly J. Mullins '79 is a Los Angeles County deputy public defender, assigned to misdemeanor trials.
Michael Schoenleber '79is associated with the firm of Kong and Yun, Sacramento, emphasizingimmigration law. He worked with California Rural Legal Assistance beginning in 1980, prior tomovingto Sacramento.
Richard P. Towne '79has joined the law offices of Gary L. Bostwick, Santa Monica, where he will continue to practicegeneralbusiness, defamation and entertainment litagation. He was co-counselto the successfulappellee in the case of Calder v. Jones, 52 U.S.L.W 4349 (1984) decided by the U.S. Supreme Court this year.
The 1980s
Irene Ayala '80, assistant U.S. attorney, has been named by Los Angeles Mayor Tom Bradley to the Community Redevelopment Agency.
Allen Harris Cutler '80 has become associated with the law offices of Phillip M. Rohlin, Los Angeles.
Robert Dahlstedt '80 is currently deputy public defender in the Tulare Countypublicdefendersoffice and a candidate for State Assembly in the 32nd Assembly District.
Jeanne Flaherty '80 has joined the country, rhythm and blues band TommyLeadonand theGators.She playsguitar,singslead and harmonies, andwritessome of the band's material.
Michael M. Sims '80 has been elected
one of nine commissionersof the Berkeley Rent Stabilization Board. He is currently practicinglaw in Berkeley.
Emiline Beisman '81 has openedlaw offices in Brentwood.
John Cauble '81 has become associated with the firm of Pircher, Nichols & Meeks, Century City, and continues lo specialize in real estate.
Paul P. Denzer '81 has become a partner in the firm of Freeman, Freeman & Smiley, Los Angeles. His practice emphasizes estate and business planning.
Gregory S. Feis '81 has joinedthe firm of Memel, Jacobs, Pierno & Gersh, Los Angeles.
John S. Peterson '81 has become a partnerin the firm of Boller, Sullner & Peterson, Arcadia.
Rensselaer J. Smith IV '81 has become associated with the firm of Leff & Mason, Beverly Hills.
Julie Mebane '81 is an associate with Gray, Cary, Ames & Frye, specializing in real estate and trademarklaw. KenStipanov'81 is an associate with Aylward, Kintz, Stiska, Wassenaar &
Shannahan, specializing in real estate developmentlaw. The twowere recently married in San Diegowhere they are in practice.
Cathy S. Gawne-Doxsee '82 is associated withthe firm of Freshman, Mulvaney, Marantz, Comsky, Kahan & Deutsch, Beverly Hills.
Barry L. Goldner '82 and his wife Teri Le Louise '82 have recently movedto Bakersfield. He is with the firm of Klein, Wegis & Duggan and she is in the lawoffices of Thomas C. Fallgalter.
Robert H. Maas'82 has recently become associated with the Los Angeles firm of Morgan, Lewis & Bockius.
Leslye E. Orloff '82 has become an instructorof clinical legal education at George Washington University community legal clinics. She represents predominantly Spanishspeakingclientsinfamily law, immigration, Social Securityand landlord-tenantmatters.
David P. Schack '82 has become associated with the firm of Mitchell, Silberberg & Knupp, Los Angeles.
Randall Butz '83 hasopened new offi-
ces in Beverly Hills, specializing in civil litigationand computer and higt technology law.
Timothy T. Coates '83 has become associated withthe firm of Greines, Marlin, Stein & Richland, Beverly Hills.
John S. Fischer '83 has become associated with the firm of Dinkelspiel, Donovan & Reder, San Francisco, specializing in corporate and securities law.
Lisa Dee Meyerson '83 has become associated withthefirm of Rifkind, Sterling & Levin, Inc., Beverly Hills.
Robert K. Olsen '83 has become an associate of Stroock, Stroock & Lavan, Century City.
Morgan A. Lamb'83 and Laura Beth Salant '83 weremarriedin Houston, Texas, where heworks at Baker & Botts and she worksat the Securities and Exchange Commission.
Claudio 0. Wolff'83 has joinedthe firm of Memel, Jacobs, Pierno & Gersh in Los Angeles.
Daniel W. Skubik'84 is assistant professor of politicalscience/public adminstration at California Baptist College, Riverside.
TwoWaystoBecomeMoreInvolvedinYourLaw School
1. If yournamehasn'tappearedlately intheClassnotes, take amomenttoshare somenewsaboutyourself forthe nextissueof UCLALaw.
2, Show yourinterest by checkingoneormoreof the involvementopportunitieslistedhere. We'llfollowthrough.