Clinical Semester students Reed McLurkin and Julie Zahniser review a videotaped deposition in a monitor control room of the new clinical educationfacility.
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State-of-the-ArtLaw
artners and associates gather in their conference room for the law firm's regular weekly meeting, and the morning's agenda includes one item ofcentralinterest-a settlementoffer from opposing counsel in a major case which concerns virtually everyone around the table.
The senior partner sketches out the strategic options at hand in shaping the firm's response to the settlement: accept the offer, continue suit, make a counter-offer. Associates around the table argue the pros and cons of the options somewhat differently; somesee anintrinsicbenefitforthe clientsasa whole in one option, while other associates are focused on the needs of a particular individual among the ten defendants whom the firm represents.
The members of the firm don't forget for a moment that their clients are not merely names behind all the paperwork spewing from the law firm's computers. The ten defendants are real people, dissident members of a labor union being sued for defamation by the union's officers. Their lives could be severely impacted by the outcome of this case.
The only unusual thing about this law firm is the
fact that it is located at the UCLA School of Law The "partners" in the firm are Professor David Binder and DirectingAttorney SharonLybeck Hartmann, andthe "associates" are law students enrolled in the Clinical Semester program.
Like anystate-of-the art lawfirm, this one at UCLA has attorney offices equipped with electronic mail, Westlaw and Lexis terminals, special areasfor client reception and support staff, its own basiclaw library and conference room. The law office occupies the two-story wingof the law school's $10-million building addition completed last year It is joined to the new three-story wing where space is concentrated on clinical classroomfacilities. Throughoutbothpartsof the newbuilding, there are rooms with built-in video cameras enabling students to play back taped exchanges and to critique their lawyering skills.
While this fall's Clinical Semester is the first major class operating out of the lawoffice, the facilities will lend themselves to a wide range of uses within UCLA's clinical education program. Next year, notably, a public interest law project will be inaugurated at UCLA as a joint effort of the lawschooland Public Counsel, the public interest law office of the Beverly
Hills and Los Angeles County Bar Associations. TheClinical Semester's law firm, too, relies on collaboration with professionals in the community. Binder and Hartmann provide close supervision for the work of student advocates, of course, and they work as co-counsel with legal serviceagencies. In the case of the ten defendants sued by the labor union officers, for example, the UCLA law office was co-
counsel to the American Civil Liberties Union.
The UCLA students take intense interest in their real-life clients. The group dynamics of the law office probably intensify that interest.
In the union case, for instance, the students had reached the stage of drafting motions for summary judgement when they received news they didn't expect. Directing Attorney Hartmannopened discus-
Opposite Page: Law firm members gather for their morning conference. Later, Robert Solis confers with David Binder while Tom Gray drafts a document in the law firm's offices.
Above: Binderand Solis, in stairwell, review an issuein theunion case. Upper right: Ken Lauand Tom Gray meet with Sharon Hartmann. Lower right: Binder advises Reed McLurkinand Steve Segura on their approach to a client problem.
sion at a firmmeetingby tellingthegroup: "Wehave a formal settlement offer which we are bound to communicate to all the clients."
"Do we put it to them as a group, or one by one?" instantly came the question from one of the student associates around the table. Just as quickly, David Binder askedtheassociate, "What'syouranswer?" In a moment, the associate formed a response: "To the
group,butthen wediscuss itwiththeclientsindividually so that peer pressure doesn't influence their personal decisions."
Binder then began charting on a blackboard the options of accepting the settlement, continuing the suit,or forming a counter-offer. "When youmeetwith your clients, discuss with them individually the pros and cons of their three alternatives."
"I think my client will want to accept the offer for peace of mind," another associate interjected.
"A potential pro of accepting the offer is peace of mind," Binder observed, "but for other clients the opposite may be true. They'll ask themselves, 'Have I chickened out? '"
An associate not yet heard from entered this opinion: "I think my client will believe he has a good chance of winning if we continue the suit."
"What is good?" Binder asks. Good might be anything from 50 to 90 percent, the associate thinks. The discussion turns to estimating the odds. "If you are going to communicate effectively with clients, you need to think in terms of percentages," Binder suggests, adding that people have differing conceptions of risk. "You are not prepared to say whether your client should accept or not accept until you determine how risk-adverse your client is."
"What about the client who says to us, 'Just tell me what to do'?" asks one of the associates.
"I would try to place my opinion on the basis of what I see their articulated values to be," responds Binder. "Your opinion should be based on their values. Your advice to the person who wants peace of mind may be different than your advice to the person who feels he cannot chicken out."
"Is this an 'all-or-nothing' settlement offer?" asks an associate. "Good question, lawyer," replies Binder. Sharon Hartmann adds to the discussion another level of complexity: "We are considering two kinds of risk-the client'swillingnessto take risks personally, and the client's willingness to take risks involving others. And, further they do need to understand that the risk varies among them."
The components of a counter-offer haven't even been discussed, and there is another major case on the agenda. "It is clear we need to meet as a group again tomorrow," says Binder. The associates seem unanimous that they need to do more research before the next day's extra meeting.
The intensity of work on this case, and others, continues in the offices and corridors of the law firm in the weeks ahead. Then big news arrives: the union plaintiffs dismiss their case, a clear win for UCLA's Clinical Semester in its first major piece of litigation.
There are other causes, though, that occupy every available hour for the Clinical Semester studentswho frequently work into the night and on weekends (making their law office all the more like those in the world beyond UCLA).
In a giant case brought by a coalition for the homeless, the students are responsible for carrying out discovery with respect to the county's implementation of job search requirements-which entails taking
depositions of welfare administrators and other officials. In that matter the UCLA law firm is associate counsel with the Legal Aid Foundation of Los Angeles.
In a third set of cases, students represent individuals who have been denied unemployment compensation; in pairs, the students conduct hearings before administrative law judges.
The variety of legal skills required in these cases is no accident; it is carefully planned.
Julie Zahniser enrolled in the Clinical Semester because, she explains, "I wanted to get experience in the whole range of the trial process. As a first-year associate at a law firm, typically you are stuck in one area. In this program, we participate in all aspects of litigation-including the formation of strategy. We are doing all the discovery on one aspect of a case, and it's more than just taking mechanical depositions. We had a meet-and-confer conference here in our clinical library with the opposing attorneys-who regarded us just like other lawyers.
"What I also like is that we each have clients, and there is a lot of client contact. We're working with real people, and they have the limitations of real people. They don't always tell you the truth, they don't always remember the facts. It is fulfilling to work with all these challenges."
The client-oriented approach, says student Jonathan Frenkel, "is something that the clinical faculty focus on. It is the client who is at risk and the client is the decision-maker. The lawyer's process with the client is an interactive one."
While emphasizing the lawyer's responsibility the faculty have also prepared these students to exercise that responsibility. "They've prepared us in advance for what we are going to encounter," says Frenkel. "We had classes in skills and techniques, so that we could hit the ground running and not stumble along. Clinical education is designed to give practical skills and feedback. The feedback is tremendous, because it's something people don't often get in the working world."
The Clinical Semester will be repeated in the spring of next year says Binder He describes this particular program as "a new model of clinical education." Commonly law schools have either walk-in clinics which take all kinds of cases or clinics which focus on a particular substantive area. But when students in a clinical course have full responsibility for all of their cases, typically they devote too much time to matters which are, in a comparative sense, trivial. "We are concentrating on a specific educational objective, which is to sharpen the student's understanding of the relationship between doctrine, fact
and evidence. Themotionfor summaryjudgment, the deposition taking, and the trial of the administrative law cases all focus on this relationship."
The law office and the clinical classroom wing, of course, are being used for other kinds of instruction as well. Professor Paul Bergman's students in estate planning for clients with small estates have interviewed clients in the law office, Professor Lucie White willmakeuseof the lawofficenextsemesteras students work on housing discrimination cases, and pre-trial lawyering isanother course to make routine use of the facilities.
"You will see a balance of ways in which students spend timein the clinic,"saysSusanGillig,Assistant Dean for Clinical Programs. "Sometimes it will be this broad Clinical Semester, which covers a whole range of skills, and other times it will be used in subject-specific skills."
Next year,the public interest law program which is a joint project with Public Counsel "will result in even more emphasis on a public interest presence at the law school," says Gillig. This also will be a programin whichstudents will workon casesofreal clients,and it will add another directingattorney to the clinical program. Public Counsel is organizing fund-
ing for the program from corporations,foundations, law firms and private individuals. The law school's addition provides a place for this new program.
Students and faculty concur in their appraisal of the clinical facilities. David Binder says simply, "They're superb." Law student Frenkel says, "People are here into the wee hours of the night. It is a good place."
Dean Gillig gives the facilities her unbounded praise. Teachinginan "absolutely first-rate classroom is splendid, marvelous,and it doesmake a difference. I don't think there is anything better anywhere in the country."
The students,interestingly,give the faculty and the program even higher marks that the facilities.
"The clinical program exposes you to what the practice of lawisallabout," sayssecond-year student Tom Gray, one of the Clinical Semester associates. "Sharon Hartmannand David Binderare very experienced trial attorneys and they provide a wealth of information. Bothof themknow the ropes. I think the programis great. Ilike thehands-on approach,knowingthatwhatI do doesmakea difference insomeone's life. It is real cases, real people, real judges, real court-real law!"D
Jonathan Varat: Constitutional Law's Long Distance Runner
onathan Varat's mind soars along the rugged peaks of constitutional law, thriving on the rough terrain of systematic issues such as separation of powers and interstate federalism While well at home on the familiarslopes of individual liberties and civil rights, Varat finds some of his greatest challenges in intricacies which many constitutional scholars would avoid.
Varat's scholarship ventures into seldom-traveled territory, but he is more than just a scholar. Jon Varat isapersonofmanyparts. Hiscolleaguesatthe UCLA School ofLawknow Varat to be a lawyer'slawyer. His students think of him foremost as a teacher. Running marathons was one of his passions in the early '80s, and today he still runs 35 miles in a typical week.
After earning his law degree at the University of Pennsylvania, Varat clerked for Judge WalterMans6
field at the 2nd Circuit U.S. Court of Appealsand for Justice Byron White at the U.S. Supreme Court; he practiced as a litigator with O'Melveny & Meyers before joining UCLA's faculty in 1976.
Professor Varat's interests lie mainly in constitutionallaw, federal courts, and civil rights, although he taught contracts for a number of years also. His excellence in the classroom earned him the Rutter Award for Excellence in Teaching last spring. While the paths of scholarship take him into some of the more esoteric reaches of constitutional law, Varat also channels his learned interests into extremely practical directions. During this fall's election campaign, as an example, Varat served as statewide co-chair of the No on131 and140 campaign and hemadeseveralbroadcastappearancesforthatcause. Hesaw themeasuresto limit termsofstate officialsas a potential infringement ofthe people's right to vote,
"The deeper we dig, the more we learn-about our law, ourselves, and our possibilities."
and identified for himself a citizenship duty "to help preserve the structure of government."
In his summers, Varat plays a variation on the theme of law professor High school teachers from throughout the nation come to UCLA for a program sponsored by the Center for Civic Education. Varat presents sessions on judicial review and popular government, and theories of constitutional interpretation; he says the experience is "very rewarding, teaching these non-lawyers so that they in turn will be able to teach more about the Constitution at the high school level."
Whetherthevenueisa UCLAlawschoolclassroom or some special program, Varat's central focus is the same: "I am interested in teaching lawyer-citizens."
That may seem like a simple mission, but its achievement is very complex. First, says Varat, students tend to have the misleading impression that a law school's foremostmission is to teach rules of law. He has flirted whimsically with the idea of renaming the school. "At first I favored calling it The Fact School, just to counteract the law student tendency to undervalue facts. But that is also too onedimensional. Before long,in a fashion known all too wellby my students, I had arrived at something like The Fact,Inference, Reason, Value, Doctrine, Policy, Power, Culture, Tradition, History and Analysis School. Iwasstill notsatisfied thatIhad captured the fullness of the enterprise."
Varat seeks "to have [his] students appreciate not that there is no answer (or that there is one answer), but that there are often many answers, and that the choiceofwhichisbest-suitedtoaparticularoccasion cannot be measured without attention to the implications of each.
"The deeper we dig, the more we learn-about our law, ourselves, and our possibilities. At my most ambitious, I aim to educate not just lawyers, but lawyer-citizens,whowill fulfilltheirinevitable leadership roles with wisdom and insight, not just cleverness."
Whenhe accepted the RutterAwardlastspring,Jon Varat acknowledged thathis own special vein of critical analysis must at times seem difficult or even perverse to his students. But complexities are real, he
continued, and "whether the nuances are intellectual or emotional, or a combination, we will miss too much if we neglect them-too much understanding, too much opportunity for creative problem-solving"
Students, at the conclusion of a course with Varat, repeatedly comment on "his incredible mastery of material and his genuine desire that we learn," "his deepknowledgeofhis subject-he knowsthesubject so well."
s
"Jon is honored among his colleagues for his good judgement," says Professor William Warren. "He i deliberate and meticulous in analyzing scholarly problems as well as administrative problems of the school,and he has the utmost respect of all members of the faculty for his recommendations and conclusions. He is a wonderful colleague, generous with his advice and counsel."
Neighboring Varat in the law building's faculty offices, Professor Kenneth Karst says "it is a personal andprofessional delighttohavehimnext door." Karst says, "If there is anyone in constitutional law who is thinking aboutlarge theoreticalissues with the mind of alawyer'slawyer,itisJon. Acarefulanalyst,hehas the ability to think about broad issues with specific applications in mind. His teaching makes heavy use of hypothetical questions, not only to test the students' understanding of the material,but also topress outward the boundaries of his own understanding and his colleagues' understanding of what the courts are doing."
Varat's emphasis on nuance and complexity runs throughout his scholarship: "Economic Integration and Interregional Migration in the American Federal System," a chapter in Comparative Constitutional Federalism: Europe and America (1990); "Economic Ideology and the Federal Judicial Task," 74 California Law Review 649 (1986); "Justice White and the Breadth and AllocationofFederal Authority," 58 University of Colorado Law Review 371 (1987); "State 'Citizenship' and Interstate Equality," 48 University of Chicago Law Review 487 (1981), and "Variable Jus-
"I aim to educate not just lawyers, but lawyer-citizens, who will fulfill their leadership roles with wisdom and insight, not just cleverness."
ticiability and the Duke Power Case" 58 Texas Law Review 273 (1980). Varat wrote 17 essays on the First Amendment, the federal judicial power, and Justice White for the Encyclopedia of the American Constitution, and he has recently written an additional piece on Justice Stevens for the encyclopedia.
Recently, Jon Varat became co-editor with Edward L. Barrett, Jr., and William Cohen (a 1956 UCLA law alumnus and a UCLA law faculty member from 1959 to 1970) of the familiar casebook, Constitutional Law-Cases and Materials,8th edition, used in some 50 law schools as well as undergraduate departments of political science. Varat describes this project as "fun," since it keeps him current and requires him "to think about how various doctrines and cases fit together." His own hefty task in the eighth edition included chapters on due process and equal protection, in addition to sections on national and state powers in the 1990 Supplement. "In the next edition, we may switch around our assignments on content, since it will be better for the book if there is a fresh look each time."
Varat's recently-written chapter on "Economic Integration and Interregional Migration in the American Federal System" grew out of a conference at Georgetown two years ago,where he was a principal speaker with other academics from the U.S. and nations of the European Economic Community. Varat notes that, given the current interest on the part of Europeans in federalism, the conference had a special significance. But in his own presentation, Varat cautioned that "economic diversity with limited political friction may be more likely to occur in a politically unified nation than in an economically unified one."
His caution on the question of how unified Europe will become, Varat explains, "has a lot to do with whether the barriers of language and culture can be overcome." He sees a chicken-or-egg problem here, with respect to the issue of English as a common European language. "Does the economic compulsion to integrate lead to development of a common language? If it does, that will make integration much more likely. The European Community is already acting like a nation in terms of foreign policy and the internationalization of business. If they also develop free mobility from country to country for economic opportunities, then the prospect of becoming one nation becomes much more likely."
Varat points out these complexities in the European situation to illustrate the reality that many things about our system of federalism in the U.S. are taken for granted.
"People underestimate the importance of the structures of government," Varat says. "I am interested in
"When you think about it, how does one keep a diverse nation both diverse and a nation? That's a serious challenge."
systemic questions, questions about the relationships of different parts of the political system. When you think about it, how does one keep a diverse nation both diverse and a nation? That's a serious challenge.
"Americans have accepted for so long our federal system of government thatthey take it for granted and don't worry about it. People in European nations are vitally interested,for example, in whether they ought to have a common currency; as a means of unifying a nation, a common currency is vastly underestimated.
"We fought about the issues of federalism through a Civil War and ended up with a Union, at great cost. Read the newspapers about Yugoslavia falling apart into ethnic rivalries, Canada's troubles with Quebec, or the Soviet Union and its republics; those are the issues we have resolved successfully,so far. Those are the issues that lurk behind failures in government structure."
While Varat is vitally interested in issues of individual liberties (and spent much of his time on those issues while preparingthe recent casebook),he also is certain that these popular issues about liberty hinge on the systemic issues about government.
In his article on "State 'Citizenship' and Interstate Equality," for example, Varat concludes that while the primary "public" for which a state acts is the state's citizenry, it is moreover true that "state political communities must function within the wider national political community and may not favor their own in ways that will shut out nonresidents from in-state benefits only the state can provide."
The structure of a nation, Professor Varat repeats, is not unrelated to the rights of individuals and the protection of individual liberties. "You can declare that a right exists, but it doesn't really exist unless the structure is there. It is important to acknowledge that the framers of the Constitution thought about the structural division of powers between nation and states and the national separation of powers as an effective means of preserving individual freedoms."
If Professor Varat sometimes wishes that students would appreciate systemic issues more than they do, probably he'd also be happier to see more students
take the federal courts class. "Not nearly enough people do take the course," he says. "Ithas a reputation of being very challenging, if not the most challenging course in the law school."
Thecourseexploresthe complexitiesof federalism. Since there are parallel sets of federal and state courts, federal and state law, and federal and state officials, there must be rules for the relationships between those systems. Thinking about those six variables and the permutations is fascinating, and the jurisdictional questions that result are the core of the federal courts course.
Justas in the case of his constitutional law courses, Varat isn't attracted to the complexities of federal courts only for the sake of complexity.
"I tell my students, 'You will always have a law library tolook up doctrines andrules. Whatyou need to learn here is how to use it, what questions to ask.'
"We send people out into the world to be independent, critical thinkers. I view it as my role as teacher to develop that independent capacity. That is why I spend so much time in class asking questions which have students pursuing the implications of the answers they give. I want them to think about how people will be affected by a particularchoice or rule, and what will be the costs.
"I also wantto teach themthatmuch ofbeingalawyer is learning to articulate your intuitions, and then to examine the assumptions that underlie them-not only for the best presentation of their client's side of
the story, but also so they can anticipate what opposing parties or judges will focus on, and be ready to meet it. To put itanother way,I am trying toteachstudents to tolerate the inteJlectual ambiguity that inevitably is a part of the complexity of real disputes."
If it seems that Jon Varat is consumed by constitutional law, then one needs to take a look around his office where family photos occupy strategic places. "My children are my greatest accomplishment," he statesassimplefacts. There'sAdam,14,and Diana,11. "I spend a lot of time going to soccer games and tennis matches." This year's new family member is Jennifer, born to Jon and Barbara Varaton the Fourth of July.
How do Professor Varat and Dean Varat feel about careers in the same building? "We do take a lot of the law school home with us-and sometimes we need to agree to put it aside. Most of the time it's really a greatbenefit,because wehave acommon castofcharacters to discuss." Barbara Varat is a keeper of confidences, so many things never are discussed, and Jon is happy to have it that way. Besides, he adds, "Barbara is even more wonderful as a spouse than as a dean of students."
He sums it up: "We have a fine school, and it is developing in the right direction. It is a diverse but civil community, one which should be nurtured. Obviously, I believe in people getting along-and I mean that from the law school classroom to the nation."D
MicrocosmoftheWorld
ine students who are working toward the Master of Laws degree at UCLA this year represent a virtual microcosm of the world-both geographically and in terms of their legal interests. The advanced degree program was designed to provide a select group of international students with education in the legal tradition of the U.S. At the same time, the program enhances the classroom experiences of Juris Doctor candidates-since the LL.M.'s attend classes with law students at large.
Students this year are from Belgium, France, Switzerland, Germany, Columbia, Spain, Chile, Japan, and South Africa. And Professor Henry McGee, Jr., who currently directs the law school's LL.M. program, says he could not be more pleased with the quality of these degree candidates. "The prestige of our LL.M. program, the hard work of Professor Arthur Rosett (who directed the program from its inception), Dorothy Brehove (who has provided administrative support), and the effort of the law school's graduate committee has produced a group of students which complements, indeed reinforces, the law school's diversity," McGee notes.
While there is great diversity in these students' cultures and homelands, they all share a desire to improve society through a more extensive knowledge of law. The four students interviewed here, who reflect a cross-section of the entire group, explain these goals.
Maria Perez, an LL.M. student from Chile, wants to develop her knowledge of enviromental and international law. A graduate of the Universidad de Chile and a Fulbright Scholar, she chose UCLA because "it is an excellent school of law, one of the first in the United States to begin research in environmental and international law." Before coming to UCLA, Perez had worked on modernizing her country's policies on Law of the Sea. The code which the United States established in 1982 has been Chile's guideline, Perez explained, in reforming laws affecting such areas as the fishing industry.
Another research interest of Perez is Chile's policies on Antarctica. Evolving treaties on this relatively undeveloped region may benefit Chile if industry is permitted in Antarctica. Perez may see the results of
some of her research when she returns to Chile, since policies regarding Antarctica should be established by 1992.
Most important to Perez is protecting Chile's environment while allowing corporations to bring economic benefits to her country. "We have in Chile many foreign investors-multinational corporations that invest and have big projects. We need that business. My hope is that these companies that deal with fishing and mining do not destroy the areas they work in. What happens to Chile effects its neighbors, too." Upon completing her work at UCLA, Perez hopes to build a career in international and environmental law.
Coming from Japan, Kazumasa Soga has found one of the biggest challenges to be language-a challenge faced equally by many of the LL.M. students. It takes time to adapt to the dialect of American English, observes Soga. At UCLA, he has been particularly impressed by the political activism of students. The law school's most important aspect, however, is that the faculty includes experts in those areas which interest Soga the most.
A graduate of Nagoya University in Japan, Soga also studied at the University of Bejing in China, and developed an interest in law's linguistic technicalities. "I noticed significant differences between Chinese law as it is written in Chinese and the same law when translated into Japanese. Similar variations exist with English translations into Chinese. When each is translated into Japanese, altogether separate concepts arise."
Soga has focused his studies on international law and comparative contract law. He hopes to bring to these areas linguistic and cultural knowledge, without which the intents of laws cannot be properly understood.
The primary difference which Soga sees between Japanese and American legal systems is that Japanese law is mainly a civil law system and America has a common law system. "We have great differences, especially within the contract area. When Japanese businessmen come to the U.S. or American businessmen go to Japan, we have a lot of conflicts."
Though he plans to work for a law firm upon his return to Japan, Soga hopes eventually to enter the
teaching profession. He plans to attend Cambridge University through a Rotary Scholarship when he leaves UCLA to further his knowledge of international law.
Collen Zondi studied in Natal, a province in South Africa, and graduated from the University of Zululand. Zondi, upon earning his law degree, was given the honor of teaching labor law at the University of Zululand. Soon after, however, he reached the decision to further his studies by obtaining an LL.M. degree at UCLA. This degree will help him to "work towards the mission I intend to carry out," says Zondi.
Asanativeof SouthAfrica,heisextremelyfamiliar with the problems which exist in his country. As a result, Zondi has focused his studies in the area of labor law-through which he hopes to improve working conditions for the black community "I have this ambition and hope that I will be able to have an effective input towardschangingthelivesof theblack community in South Africa."
Kazumasa Soga
The key to helping the working class in South Africa, believes Zondi, is through collective bargaining. Using this method will "elevate the status and enhance the working conditions of those people who are actually in the labor force."
In his short time at UCLA, Zondi has found many beneficial aspectsin hisstudy. To begin with,hesays, he hasfound Professor Craig Becker to be excellentin teaching labor law. Says Zondi, "I am very impressed with his knowledge and the way he conducts the class."
In addition, learning the legal system within the United States gives Zondi a basis for comparison. "TheAmerican system will enlighten my knowledge in the sense that while I'm working within my own system, I can see what deficiencies there are and can ask: What could we do? What concepts can we extract?"
To students within the LL.M. program, the group's diversity is a chief advantage. The knowledge which each one is able to obtain from the others has proven
Maria Perez
Collen Zondi
invaluable, says Zondi. "I get a chance to conduct informal interviews of each of these people. What are the conditions of labor relations in your country? How is the system operating there? It is a springboard for me to do further research."
While there has been recent progress in South Africa, Zondi urges that sanctions should be continued. He believes that the pressure upon the economy must continue in order to abolish apartheid. "Existence of pressure is vital to quicker changes," argues Zondi.
The diversity within the group of LL.M. students extends beyond their cultural backgrounds. The areas of law which each is pursuing depict their very different ambitions.
For instance, Bernhard Mueller of Germany is focusing upon Europe's expanding broadcasting network. Television's development in Europe, explains Mueller, has just begun, especially with respect to advertisingregulations.Mueller's studies in comparative law and intellectual property will give him more
extensive knowledge in this area. In addition, Mueller explains that it is especially advantageous for him to examine the growth of American television. U.S. broadcasting has already dealt with growth adjustments which European television is only now facing.
"Our television is now becoming more and more commercialized and internationalized," Mueller states. "While American lawyers have shown little concern about sponsors' influence on programming, Europeans are feeling very uneasy about it." Some of the uneasiness towards advertising stems from its uses in forms other than commercials. The appearance of products in regular programming is a key issue in the television industry, Mueller observes.
Mueller is a graduate of the University of Freiburg im Breisgau and the University of Munich School of Law. He began research with the Max PlanckInstitute hlter receiving his degree and is now a doctoral candidate there. UCLA's LL.M. program, he says, has given him "basic insight into the American legal system."
Bernhard Mueller
LookingAhead, LookingBack
This is a time to take stock,to pause and assesshow far we have come. Every year at the law school is unique, but in the academic year 1989-90 it seemed that we reached a higher ground. Magnificent contributions made in support of the school allowed us to view the future from an entirely new perspective.
The Annual Fund increased by 16 percent, an unprecedented rate, to its highest total ever of $612,900. Thenumberofdonorsincreased from1,700 to 1,900. Twenty-onenew Founderswere added, thus completing the first phase of the Founders program. And, as we reported earlier in the year, the school received the largest gift in its history from the Hugh and Hazel Darling Foundation. The Darling Foundation has committed $5 million which will serve as the cornerstone of the law library addition and renovation project. The Regentsof the University designated that the library be named the Hugh and Hazel Darling Law Library to honor the donors.
Where does all this wonderful news lead us? The law school is presented with challenges and opportunitieswemightnothave imagined only a few years ago. The University is currently faced with a
particularlydifficultbudgetyear. Departmentsacros campus are being asked to sustain budget cuts. This environment requires that difficult choices be made, yet hopefully not at the expense of academic programs.
At the law school, the Annual Fund is a crucial planning element, acting as an augmentation to the operatingbudget. The Foundersprogram hasbeen an immensely successful alumni-led effort to create a "living endowment" at the school. A major gifts committeeiscurrently in formation,and itwilltakea leadership role to raise the additional private funds necessary to complete the library addition and renovation project. Endowed funds will also be sought to support our outstanding faculty and innovative programs.
Looking back on an incredible year, the school is extremely grateful to its alumni, friends and faculty for their resounding support. Our thanks go out to each of you. Now the school must again rely on its alumni and friends to help it successfully meet the challengesthatlie ahead. It willbe a collaboration of the very best kind.
UCLA School ofLaw Donors 1989-1990
(Fiscal Year July 1, 1989 to June 30, 1990)
1952
Participation: 50%
Number ofDonors: 19
Total Graduates: 38
Class Representative:
John Charles McCarthy
**ArthurAlef
*MauriceW. Bralley
*Howard 0. Culpepper
****CurtisB. Danning
**JeanBauerFisler
***SaulGrayson
14
****Arthur N. Greenberg
****RichardT.Hanna
****GeraldineS. Hemmerling
****BruceI. Hochman
***J. PerryLangford
****DonaldC. Lieb
****JohnCharlesMcCarthy
**FrederickE. Mueller
*SallieTiernanReynolds
*Martin J. Schnitzer
**EdwardB. Smith,III
***JosephN. Tilem
****Lester Ziffren
1953
Participation: 35%
Number ofDonors: 15
Total Graduates: 43
Class Representative: Charles A. Zubieta
**VictorEpport
**ArthurM. Frankel
*John U. Gall
*James George
*JeromeH. Goldberg
'**RonaldB. Labowe
**DonaldC. Lozano
***FrankH. Mefferd
*DorothyW. Nelson
*JohnF. Parker
**WillardM. Reisz
***JackM. Sattinger
***BernardSilverman
**C. Douglas Wikle
****CharlesA. Zubieta
1954
Participation: 27%
Number ofDonors: 25
Total Graduates: 94
Class Representative: ****RobertF. Waldron
**RichardSchauer ****BernardL. Lewis
Seymour E. Fagan ***Eugene L. Waiver, Jr. ****DavidSimon ****Milton Louis Miller
****Leon S. Angvire
***John A. Arguelles
*DavidW. Slavitt
*John W. Miner 1955 ****William W. Vaughn ****Allen Mink
Participation: 29% ****Joseph A. Wein
**Norman D. Rose ***CarlBoronkay
Number ofDonors: 23
*Marvin D. Rowen ****Thomas L. Caps
Total Graduates: 80 1956
Harvey A. Sisskind ****Seymour E. Fagan
**Harvey Franklin Grant ****John S. Byrnes, Jr.
****Marvin Gross
*RichardB. Castle
*Dennis D. Hayden ****Lee J. Cohen
Participation: 33% ***Herbert J. Solomon
Number ofDonors: 24 ***Norman E. Stevens
Total Graduates: 72 *J. HowardSturman
Class Representative: *H. George Taylor ****Martin R. Horn
*Myrtle Dankers
Irwin D. Goldring ****Marvin Juhas **Herbert Z. Ehrmann 1957
**E. Kapetan
John R. Engman ****John A. Calfas
****GeraldKrupp ****Allan S. Ghitterman ***William Cohen
**Jack Levine
*EarlH. Greenstein **RichardErwin Cole
****Sherwin L. Memel ****SamuelW. Halper **HaroldJ. Delevie
****Billy Gene Mills
Participation: 21%
Number ofDonors: 19
Total Graduates: 92
Class Representative:
**Joan D. Klein ***Jerry Edelman David Glickman ****Roger C. Pettitt ****EdwardLasker
***Howard W. Rhodes
****Norman A. Rubin
****DonaldA. Ruston
*HerschelElkins
*ForrestLatiner ****FlorentinoGarza
*Wesley H. Mathews
*Mervin N. Glow ****Founders
**GeraldE. McCluskey ****Irwin D. Goldring ***James H. Chadbourn
NumberofDonors: 36 Total Graduates: 128 ***ThomasE.Johnston ****SheldonG.Bardach Total Graduates: 120 Class Representatives: **EarlW.Kavanau **RichardE.Barnard Class Representative: Wesley L. Nutten, III ***LawrenceKritzer
RichardH.Bein
Bernard Katzman John G. Wigmore **EugeneLeviton **RichardH.Berger ***LeslieW.Light
Lester Ziffren '52 and Paulette Ziffren and Leonard and Emese Green
Anonymous
Law Firms
Baker & McKenzie
Buchalter, Nemer, Fields & Younger
Haight, Brown & Bonesteel
Hufstedler, Miller, Kaus & Beardsley
Irell & Manella
Morrison & Foerster
Ziffren, Brittenham & Branca
*Leonard A. Hampel
**Robert K. Hillison
**Philip J. Hoskins
Melvin L. Jensen
****Edward A. Landry
*Robert L. Loeb
****David J. Mac Kenzie
*Ralph D. Malmquist
*Philip A. Mark
****MarshaMcLean-Utley
***Everett F. Meiners
**MichaelMiller
**James L. Nolan
****Jeffrey T. Oberman
Dennis A. Page
***Melvyn Jay Ross
****RobertM. Ruben
*Michael B. Rutberg
****DavidS. Sperber
JamesL. Spitser
*FredricP. Sutherland
***Lawrence Teplin
*Ronald Tuller
**HenryA. Waxman
**Jeremy V. Wisot
**RichardB.Wolfe
**WilliamL. Yerkes
1965
Participation: 28%
Number of Donors: 50
Total Graduates: 179
Class Representative:
Stanley R. Jones
**ElliottE. Alhadeff
**RonaldW.Anteau
****NormanR. Bard
***LaurieR. Belger
*HowardL. Berman
****WilliamM. Bitting
**DavidBloomgarden
*FrederickD. Booke
****ThomasP. Burke
****A. BarryCappello
*MilfordW. Dahl,Jr.
****LucindaS. Dennis
**StephenC.Drummy
*WilliamJ. Elfving
**GeorgeC. Eskin
**JulieM. Finley
*MarshallS. Freedman
HugoNathanGerst!
***JamesH. Giffen
**DavidJ. Golde
****RichardJayGoldstein
****RobertH. Goon
**JayW. Heckman
*KennethR. Hodges
**WalterJ.Howald
****StanleyR. Jones
****Martin Z. N. Katz
GeorgeR. Kingsley
* AlvinJ. Korobkin
*EdwardC.Kupers
****SaulL.Lessler
**DonaldLow
*V. GeneMcDonald
H. LeeMcGuire,Jr.
**LawrenceH. Nagler
**JackM. Newman
*RobertH. Nida
***AndreaS. Ordin
**ThomasD. Peckenpaugh
***LouisP. Petrich
*CarlosRodgriguez
*LeonardR. Sager
**StephenA. Schneider
****FredSelan
**HaroldJ. Stanton
****E. Paul Tonkovich
***EarlW. Warren
**ArnoldG. York
****Kenneth Ziffren
****Daniel Zipser
1966
Participation: 21%
Number of Donors: 46
Total Graduates: 221
*PatrickL. Barnes
***StephenW.Bershad
RobertM.Burk
***RobertBertramBurke
***GertrudeD. Chern
*Kenneth I. Clayman
**RogerL. Cossack
***RichardDuncan
**HowardEkerling
**StephenB.Fainsbert
***BaretC. Fink
JeromeP.Fleischman
*JackE. Freedman
DonaldH. Glaser
**WilfordD. Godbold,Jr.
***RobertH.Goldstein
**Joseph GregoryGorman
**RobertJ.Higa
**DavidA.Horowitz
**JamesH. Karp
*MerrillH. Karpf
**DavidJ.Lafaille
**BarryH. Lawrence
* ArnoldT.Lester
* ArthurS. Levine
**SusanW.Liebeler
****JeroldL. Miles *'***EvanR. Medow
CharlesF.Hawkins **RowanK. Klein
*StephenK. Miller ****LouisM. Meisinger ****JohnW. Heinemann Allan I. Kleinkopf **JohnR. Morrison ****JeffreyT. Miller *JayW.Jones *DennisM. Law *WilliamG. Morrissey *SheldonE. Miller *StephenC.Jones ***GaryM. Lepper
Every effort was made to ensure the accuracy of our Honor Roll. If there are any corrections or omissions, please contact the School of Law Alumni & Development Office.
PAUL, HASTINGS, JANOFSKY & WALKER SCHOLARSHIP FUND
Paul, Hastings, Janofsky & Walker
THOMAS D. RABIN MEMORIAL FUND
Lee S. Arian
Mr. & Mrs. I. Stephen Rabin
NELSON C. RISING FUND
Nelson C. Rising
DONALD A. RUSTON FUND
Donald A. Ruston
WILLIAM A. RUTTER TEACHING AWARD
William A. Rutter
BENJAMIN STRAUSS FUND
Benjamin Strauss
UCLA SCHOOL OF LAW PUBLIC INTEREST AWARDS
Anonymous
LEE B. WENZEL MEMORIAL SCHOLARSHIP FUND
Mr. & Mrs. Albert R. Abramson
Richard D. Agay
John Alivernini
American Board of Tnal Advocates (National Association)
American Board of Trial Advocates (Orange County Chapter)
Mr. & Mrs. DavidN. Anderson
Mr. & Mrs. Steven Anderson
Fred Andrews
Foster D. Arnett
Baker, Silberberg & Keener
Mr. & Mrs. GeorgeW. Ball
Mr. & Mrs. Robert D. Barbagelata
Richard C. Bartelt
Jerry Bates
Mr. & Mrs. S. A. Bergstrom
Anne S. Berkovitz
Dr. & Mrs. MahlonZ. Bierly, Jr.
Tom Bogan
Robert A. Bolton
John G. Bonelli
Harriet A. Braddock
Mr. & Mrs. William F. Brainard
Barbara L. Brough
Mr. & Mrs. Phillip E. Brown
Mr. & Mrs. Naze C. Brue
Nancy A. Butts
DanielF. Calabro
David E. Campana
Robert A. Cardwell
John Carey
Jerry W. Carlton
Mr. & Mrs. John J. Casey
Catalano & Smith
Chase, Rotchford, Drukker & Bogust Cheong & Denove
Marvin M. Chesebro
Robert H. Clark
Clark, Thomas, Winters & Newton
Colbert, Freeman & Stribling
Mitzi Cole
Collins, Collins, Muir & Traver
Mr. & Mrs. John J. Collins
Condon & Forsyth
Conrad, Scherer & James
Mr. & Mrs. Donald E. Cowderoy
Jack & Jeanne Cressman
Mary E. Crocker
Mr. & Mrs. Robert E. Decker
Sanford R. Demain
Chuck Dempsey
Mr. & Mrs. JamesC. Downing
Joyce Dutton
Charlene Eagan
Edmund D. Edelman
Dean Edgerton, Jr.
Ettinger & Deckter
Albert J. Eyraud, Jr.
Julia Feliciano
Freeman & Richardson
Mr. & Mrs. Bob Galaher
Neil & Elaine Galatz
The Paul H. Gangi Family
Ron Garver
Mr. & Mrs. FlorentinoGarza
Mary Ellen Genest
Mr. & Mrs. William J. Gillette
Girardi, Keese and Crane
John A. Girardi
Mr. & Mrs. Michael Gless
David Glickman
Seymour Goldberg
Mr. & Mrs. Ralph N. Goldwyn
Mrs. Manuel G. Gonzales, III
Mr. & Mrs. Maurice M. Goodstein
David E. Gordon
Mr. & Mrs. Hubert F. Gordon
Ed & Mary Lee Greenblatt
Paul & Gloria Griffin
Patti Hale
Norma G. Hall
Mr. & Mrs. Peter Hansen
Mr. & Mrs. RussHardwick
Mr. & Mrs. David M. Harney
Steve Harrington
Ms. Beverly Hartunian & Family
Dr. & Mrs. M. F. Hawthorne
Burgain G. Hayes
Mr. & Mrs. D. L. Hedrick
John J. Herlihy
Mr. & Mrs. William Hiestand
Bob Hight
Mr. & Mrs. ThomasHindman
Jean Ann Hirschi
Dr. & Mrs. John Hopkins
Mr. & Mrs. John Hopkins
Mr. & Mrs. Paul Huebner
Mr. & Mrs. Patrick E. Hughes
ThomasC. Hullverson
Mr. & Mrs. MarshallT. Hunt
Mr. &Mrs. Harold J. Hunter, Jr.
Lawrence E. Irell
GordonJames, III
Mr. & Mrs. H. Gilbert Jones
Ann Keck
Jeralyn Keller
Mr. & Mrs. William J. King
Robert R. Kirkpatrick
Michael R. Klatt
Christine Knoll
Eleanor R. Knoll
Kathleen C. Knoll
Ronald J. Knoll
Albert J. Knopp
Ms. Maureen Kosinski & Family
Mr. & Mrs. Al Kremer
Karl W. Kunze
Marco Labudovich
Margaret S. Lake
The Fred LaPorte Family
LasDonas- UCLA
Mr. & Mrs. MosesLebovits
Edward W. Madeira, Jr.
Everett W. Maguire
Mr. & Mrs. Leonard H. Mandel
Natalie Martin
Mr. & Mrs. Neal Matzinger
Aimee C. McCasland
Mr. & Mrs. Edison J. McClave
Mr. & Mrs. EdwardJ. McFetridge
Mr. & Mrs. Ralph T. Montenegro
MorganAdams, Inc
Morgan, Wenzel & McNicholas
Steve McConnico
Dr. & Mrs. William Mott
RichardT. Mudge
Mr. & Mrs. Edward K. Nance, Jr.
Dawn Nask
Nick C. Nichols
Mrs. EugeneN. Noneman
MarshallI. Nurenberg
Diane D. Oke
Our Ladyof Lourdes Women'sCouncil
Mr. & Mrs. JamesL. Owens
JamesPagliuso
Katherine G. Palmer
Parker, Stanbury, Babcock, Combs& Bergsten
Parsons& Anderson
Mr. & Mrs. Anthony W. Pasana
Eugene C. & Mary Lou Paschal
Pepper, Hamilton & Scheetz
Mr. & Mrs. AlexisJ. Perillat
Mr. & Mrs. W. A. Plummer
Mr. & Mrs. Theodore P. Polich, Jr.
Hedy M. Powell
Patrick Quinlivan
Mr. & Mrs. Lawrence R. Ramsey
Hayden & Gordon Rather
Judge & Mrs. William J. Rea
CharlesReilly
Charley Ross
Cari L. Russel1
Mrs. M. Rutledge
Sally &Nestor Sawchuk
Pat Schaffer
Mary Beth Schott
Schulman & McMillan
Ralph & Shirley Shapiro
LeslieA. Sheehan
Paul J. Shettler
Gloria & Irving Shimer
Speiser, Krause, Madole & Cook
Robert S. & Joyce B. Stearns
Stone & Dolginer
Joe E. & Kay Thompson
Jane Fugate Thorpe
Otto & Clara Mae Tronowsky
Mr. & Mrs. DonaldN. Trotter
Mr. & Mrs. JohnF. Van De Poe!
Mr. & Mrs. William W. Vaughn
Erik Videlock
John Winfield Vogel
Walter W. Von Gremp
Robert F. Waldron
Judge & Mrs. JosephA. Wapner
Peter Watson
Carolyn West
Mr. & Mrs. Sheldon Williger
Mr. & Mrs. Robert Wilson
Mr. & Mrs. William R. Wilson, Jr.
Mr. & Mrs. Lloyd R. Wise
Mr. & Mrs. WellsWohlwend
Betsy Yost
Daniel Zerfas
Teri & Mike Zinn
Mr. & Mrs. D. J. Zweng
ZIFFREN/BRITTENHAM FUND
Skip Brittenham
ThomasD. Tannenbaum
Kenneth Ziffren
Justice Reynoso Is Named to Faculty
CruzReynoso,aCalifornia Supreme Court Justice during the1980s and one of the nation's best known and most revered Hispanic figures,has been appointed Professor of Law at UCLA.
As a tenuredmember of the UCLA SchoolofLawfaculty, ProfessorReynoso will begin teaching in January1991. Hewill continue of counselto Kaye, Scholer,Fierman,Hays & Handler, but Reynoso willteach full time and teaching,he said, will be "my first priority."
Reynoso served from1976 to1982 as an Associate Justice on theCalifornia Court of Appeal before becoming an Associate Justice of theCalifornia SupremeCourt,where he served until 1987.
Reynoso has been a law professor before. He was a member of the University of NewMexico Law School faculty from1972 to 1976,only leaving that tenured position when he was appointed to theCalifornia Court of Appeal.Earlierin his career,heled theCalifornia Rural Legal Assistance program,oneofthepioneeringprograms in thelegal services movement.
Dean Susan Westerberg Prager of the UCLA School of Lawnotedthat Reynoso is "viewedby many as the leadingLatino legal figure in the nation." As he joins the UCLA faculty, "he brings with him wisdom and unusually rich experience which will enablehimto be especially effective in providinginspiration,advice and encouragement to students," she said.
"With his diverse and successful careerin the judiciary,legal practice and teaching, ProfessorReynoso will serveasamodelforallofourstudents," Dean Prager said.
Law alumni joined invoicingtheir pleasure at the addition of Reynoso to thefaculty. Dan Garcia '74 described the appointment as "a greatcoup for
UCLA," one which "goes alongway in enhancing UCLA's efforts toreachout to the community." Justice Reynoso, said Garcia,is "one of thenation'sbest known and mostrevered Hispanic figures" who will add important perspective to the faculty. Dominick Rubalcava '72 said the appointment is "fabulous-beneficialto the school and the community." Reynoso,observed Rubalcava, "is very much a teacher, and one who loves to convey his experiences to others."
During an era when legal services to therural poor was anew concept, Reynoso joined the California Rural Legal Assistance (CRLA) programin 1968 and soon became its executive director Underhis guidance,the agency achieved landmark victories.
In his11 years as a justice of California's appellate courts,Reynoso wrote some220 opinions covering the gamut of legal subjects-and collectivelythe body of his opinions is the equivalentof a series of books. While on thefaculty of the University of NewMexico,his scholarly writing included a study on thelegal education of Chicano students.
Reynoso also hasa nationalreputation inpublic service.
He was appointed by President CartertotheSelectCommissionon Immigration and Refugee Policy,he was a U.S. delegate to the United Nations Commission on Human Rights,and he served on theCalifornia Post-secondary Education Commission among other state and federal governmental commissions.
Active in work of the organized bar,he chairedthe American Bar Association's Section on Individual Rights and Responsibilities and recently he received the Pro Bono and Professional Responsibility Award fromthe ABA Section on Litigation. He was a foundingmemberof the Mexican American Bar Association of California and the Hispanic National Bar Association,and is a director of the MexicanAmericanLegal Defense and Education Fund (MALDEF).
Though he hadn't yet officially begun his duties at UCLA, Professor Reynoso spoke on campus in Octoberat a forum on lawyering in thepublic interest. Thelaw school's largestlecture room overflowed with students forthe occasion. Reynoso recounted his own early years in which hepursued an education in a segregatedschool,and hislatereffortsonce he had entered the practice of law to infusethat practice with a concern for ethics and the publicinterest. It seemed clearthat Professor Reynoso will return to these themesas hebeginsthenew chapter of his career at UCLA.
Law Review Widens Interests, Numbers
The UCLA Law Review, flagship of the law school'sscholarly journals,this year has set for itself a course of potentially widerhorizons.
As this year's editor-in-chief ElizabethSkorcz states the case,the lawreviewcanbenefitfrom "a bit of a different voice." The focus of the review,therefore,is being made wider.
"We published a lot of businessoriented and tort pieces overthelast year,and I'd like to get us into some other subjects, something more social, moretheoretical,maybe less practical," explained editor Skorcz. Some of the particularareasbeing given attention
this year are constitutional law,civil law,and women'sissues.
In addition,Skorczhas been encouraging more studentpieces. Examples of these are student comments titled "Legacy of the Reconstruction: the Vagueness of the Criminal Civil Rights Statutes," by Ed Malone,and "DefendantClass Actions: the Failure of Rule 23 and a Proposed Solution," by Robert Holo.
An article by Professor Kent Greenawalt of Columbia Law School is featured in the Octoberissue. In the article entitled "HowLaw Can Be Determinate," Professor Greenawalt responds to the concept that no true solutions to legal questions exist.
In addition,two Stanford professors give contrasting perspectives. Professor William Cohen's piece, "StateLaw in Equality's Clothing: A Comment on Allegheny Pittsburgh CoalCompanyv. County Commission" is responded to by fellow Professor John Ely in his piece, "AnotherSpin on Allegheny Pittsburgh."
The UCLA Law Review this year has a staff of 65,including 24 editors and seven associate editors. The staff may grow depending upon the success of the "write on," which is offered every year to encourage other law students to
become staff members.
Support Group Is Sign ofCommitment Forthe Disabled
WhenHarvey Shapiro '76 appeared as guest speaker before the UCLA Legal Society on Disability at thelaw school in October,it was evident that time and determination can overcome obstacles.
TheLegal Society on Disability,a new organization at the law school,is initself evidence of progress. This year, there are eightphysically disabled students at the law school; they and otherinterestedmembers of the law schoolcommunityformedtheLegal Society on Disability as a sign of commitment to disability issues.
While Shapiro didn't have a community of other disabled students to form a support group in his own UCLA days, he remembersthe support which he did find when he entered law school as a quadriplegic. That support
came especially from Dean Barbara Varat. "Barbara took great efforts to assistme in the early years of my law school experience," Shapiro said, speaking as an interpreter signed his words for deaf students. And, he added, "Dean Prageris committedto programs to enhance opportunities for all students."
Susan Prager, who also spoke at the meeting,related to the group some of the progress which has been made structurally to improve physical access to thefacilitiesof the law school-and equally important, efforts which are being made to increase awareness on the part of faculty, staff and other students on how theschool can be moresupportive for disabled persons. Recently,forexample,the faculty as a whole met with visually and hearingimpaired students to explore ways for improving the classroom environment.
Speaking to the UCLALegalSociety on Disability,Harvey Shapiro said:
"The barriers don't stop when you graduate from law school-they just begin then. Sometimes the physical barriers don't come close to the attitudinal barriers; you will find these attitudinal barriers at times more debilitating than your physical disabilities."
Shapiro has overcome both kinds of barriers. While building a law practice, he has also taken a leadership role in the community as president of theLos Angeles Handicapped Access Appeals Commission. Thecommission, appointed by the mayor, resolves physical access issues when there are conflicts between builders and the disabled.
ShapirobelievesLos Angeles has made greatprogress toward the goal of universal access to physical facilities. "Costis always the issue. That cost is minimal in terms of the rewardsespecially since many accommodations made for the disabled actually benefit
Harvey Shapiro '76
everyone."
While Harvey Shapiro may havebeen a pioneer for the disabled in his days at thelaw school,helooksback with positive thoughts. "I hope," he told his audience at UCLA, "that all of you will also leave UCLA with a feelingof responsibility to putsomethingback into the law school and into society."
In Nimmer Lecture, Karst Analyzes Military Practices
The U.S. armed forces' current discriminatory practices undermine an importantnational ideal of democracy, said Professor Kenneth L. Karst when he delivered the annual Melville B. Nimmer Memorial Lecture in November
In his lecture titled "The Pursuit of Manhood and Discrimination in the ArmedForces," Professor Karst examined the military's exclusion of womenfrom combat positions and efforts by the armed services to exclude gaymen and lesbians altogether. He related these current practices to earlier discrimination in the military based on race,linking the past and present to the theme of pursuing manhood.
"Citizenship and eligibility for military service have gone hand in hand," said Karst,and "in that tradition,theracial integration of the armed forces during the Korean War was a major contributor to the civil rights cause."
It isnot accidental that thepresent effort to exclude gays coincides with the military's image ofpowerand masculinity. "From the colonial era to themiddle of this century,the armed forces segregated blacks in the pursuit of manhood,and today's forms of segregation are also grounded in the symbolism of masculine power," observed Karst.
Manhood "translatesdirectly into a problem for the whole society," since "the heart of the ideology is the beliefthatpowerrightfully belongs to the masculine. This belief has two corollaries,and they both contribute to the subordination of groups. First is thebelief thatthegenderline mustbe clearly drawn. The second corollary highlights the centrality of male
rivalry; it is thebelief that power is rightfully distributed among the masculine in porportion to their masculinity," Karst continued.
The notion of white supremacy in this nation always has expressed the anxieties of male rivalry. "The pursuit of manhood wascentral in Jim Crow from the beginning," Karst recalled, and "the spirit of Jim Crow dominated the Army and Navy for generations."
While the services wereracially integrated during the Korean War,for women it is a different story; they enjoy only partial integration,since they are excluded from jobs labeled as combat positions. This exclusion is based on the ideology of male-bonding, "which treatspower-and specifically the domination of women-as its own justification." In any context but the military, thiswould clearly beseen as constitutionally illegitimate,Karst said.
"For those who want to 'protect the manliness of war,' the tensions of male bonding demand a clearexpression rejecting homosexuality. The Defense Department's policy that purports to exclude gay men and lesbiansfrom the armedforcesservestwomainpurposes. First; it keeps thegenderline clearly marked. Second,by stigmatizing homosexuality,the exclusion policy both heightensyoungmen'sanxieties about manhood and offersthem a way to respond to those anxietiesby engaging inrituals of groupdomination."
Despite the avowed policy of exclusion,Karst cited estimates that today's services includefrom 60,000to 200,000memberswho are gay-and during World War II thenumbermay havebeen as high as one-and-a-half million. "Yet,somehow,then as now, theforces have managed to fulfill theirmissions."
Theregulationexcluding gays andlesbiansultimatelyrests on the assertion that gayswould damage mutualtrustandmorale. "What makes thisstatementunworthy ofan American governmentis that (it) flaunts its viciousness.A governmentdepartment is declaring officially that the existence of prejudice against a group justifies thegovernmentin imposing its own discrimination on the group,'' said Karst.
"It isno exaggeration to say that the exclusion of gay men and lesbians from the armed forces hasbeen the single most important government action in maintaining public attitudes that stigmatize homosexual orientation."
Although a seriesof court cases has tested the exclusion,Karst said "the questionremains whether the Supreme Court will subject the constitutionality of the armed forces' policies of segregation and exclusion to any serious examination at all." A federal Court of Appealsrecently observed that judges should not second-guess those with responsibility for the armed forces. "In the last two decades,'' commented Karst, "the idea that judges have virtually nothing to say aboutany issue involving the military has grown like a weed This new and sweeping form of deference turns upside-down the old maxim that the Constitution follows theflag; it comes close to creating a 'military exception' to the Bill of Rights."
In any other context,judges would seetheDefenseDepartment'sstatements as stereotypes. Karst concluded that "simplyby applying conventional constitutional law to discrimination in the armed forces, our judges can teach theirfellow Americans the vital lesson that we are onenation,indivisible."
Ramseyer's Book on Law and Economics Honored in Japan
A new study on law and economics in Japanby Professor Mark Ramseyerof the School of Law challenges some stereotypes about Japanese behavior.
Professor Ramseyer's book,Nihon Ho No Keizai Bunseki (Law and Economics: The Economic Analysis of Japanese Law),was publishedrecentlyby Kobundo Press in Japan.
In October,theSuntory Foundation honored the book with the Suntory Prizefor Scholarship,carrying an award of one millionyen.While nine such grants are made annually, Professor Ramseyer is the first nonJapanese to win this award.
The book investigates various types of law-related behavior in Japan, emphasizing the application ofrational choicepatterns which are designed to maximize wealth. For example, Ramseyer examines thenumber of fatal trafficaccidentsand thenumber of claims filed,comparingnegotiated settlements and litigated verdicts. He finds that settlementamountsclosely
track the amounts a court would award.
The conclusionin this area of the study is that-contrary to the stereotype of Japan as a place where cultural factors shape behavior in disputes-the Japanese bargain rationally and arrive at settlements "in the shadow of thelaw."
Another stereotype is that in repeated transactions,people and firms in Japan wi11 fall back on cultural customs. Here,too, Ramseyer's study finds room to question the stereotypes-with empirical evidence from the banking industry
Professor Ramseyer, who lived in Japanduringhis early school years, publishes his scholarly articles regularly in both Japanese and English journals. His teaching at UCLA focuses on business associations and Japanese law
Women's Law Journal Scheduled to Appear In Spring Quarter
The UCLA Women's Law Journal, established by law students with encouragement from faculty and alumni,is scheduled to publishits firstissuein Spring 1991.
Co-editorsLaura Reece and Stephanie Villafuerte lead a staff of some 50 UCLA law studentsnow at work on inaugurating the new publication. Reece and Villafuerte report that they'vereceivednothingbut support in their efforts to produce the first issue.
Professor Christine Littleton's course on Women in the Law was the catalyst forstudentinterest in the project.
Editorial decisions have been discussed withprominent women in the legal profession,among them Judge Joan Dempsey Klein and Dean Susan Westerberg Prager. The UCLA Women's Law Journal staff has formulated as one cardinal editorial policy that the journal will not focus on narrow issues,the editors said.
The first issue of the journal will include a discussion between UCLA Professor Littleton and Harvard Professor Martha Minow, who will address the ways of understanding different trends within feminist jurisprudence. In addition, the journal
hopes to include an article from a practitioner in every edition. In this vein, an article by Anita Boomstein (who helped establish the Discovery credit card), will appear in the journal's first edition. Eleanor Schmeal,former head of the National Organization of Women,is also expected to contribute an article to the journal'sspringissue. Financial backing has been the project's greatest challenge. Co-editor Reece hopes that sufficient funds will be raised by the spring to produce a superiorpublication. Alumni have been a major source of support to date. High on thestudents' list of needs is a computer,whichthejournalispresently lacking.
Reece says that the editorial board's goals are to have a "solidjournal with diverse articles as well as a financially stable journal." Among the staff of more than 50 members are many first and second year students, excited about thechallengespresentedby this new journal. Professor Littleton sees the journal asproviding "an additional outlet for women's views to be expressed," andshesays the students "have been innovative in raising funds anddeveloping the journal."
Handler Study Sees Shift inDynamics OfBureaucracies
Anew relationshipisemergingbetw the citizen and the state in the United States,concludesa study by Professor Joel F. Handlerof the School of Law.
Professor Handler'sresearch focuses on relationships between citizens and bureaucratic agencies. In four specific cases-informed consent in medicine. special education, community care for the elderly poor, and water pollution regulation-he has examined how bureaucratic agencies deal with issue of power and citizen participation.
His study of the citizen-state relationship is summarized in Law and the Search for Community, publishedrecentlyby the University of Pennsylvania Press.
After World War II,the United States experienced a legal rights revolution with the growth of substantive regulatory law and procedural due processrights-theliberal legal answers to conflicts between the citizen and the state. But in recent years, Handler finds, these solutions seem to have failed. "Formal legal protections do not address underlying maldistributions of wealth and power; and the powerless,in large measure, are unable to use legal protections," Handler observes.
The new citizen-state relationship which Handler now sees emerging involves "a search for cooperative or communitarian rather than adversarial relations." An attack on formalism, the governing of relationships through rules, is now being made in such fields as feminist jurisprudence and modern ethics, Handler says. "There are practical,real-life possibilities for the kinds of things that communitarian feminists,dialogical philosophers, and criticaltheorists are arguing."
Professor Handlerconcludesthat "there is still a need and a place for legal rights protections in many areas of sociallife,but ways also have to be found to encourage the growth of communitarian decision-making in a state increasingly characterized by bureaucratic discretionary relations."
Classnotes
The 1950s
Charles S. Vogel '59 wassworn in as president of the State Bar of California in August. His installationmarked the first time that a former judge has headed the organization. Vogel, a partner inSidley & Austin, served as a Los AngelesSuperior Court Judge until 1977. He was elected to lead the bar last May.
The 1960s
Richard D. Aldrich '63 wasnamed California Trial Lawyer of the Year in August by the eight California chapters of the American Board of Trial Advocates. Aldrich is a Fellow of the International Academy of Trial Lawyers and the American College of Trial Lawyers. Hislaw office islocated in Westlake Village.
Charles D. Field '63 was appointed to the Riverside Superior Court in January byGovernorDeukmejian. He is presidingjudge in the juvenile court division. Before his appointment to the bench, Field was with Best, Best & Krieger for 26 years.
Gary L. Taylor '63 was appointed to the U.S. District Court for the Central District of California, after having served as an Orange County Superior Court Judge since1989 Earlier, he was a partner at Wenke, Taylor, Evans & Ikola in Newport Beach.
Harvey Giss '64, an18-year veteran attorney of the Los AngelesCounty District Attorney's Office, was named Outstanding Prosecutor for1990by the California District Attorney's Association and was honoredduringan awards banquet in August inSanDiego.
Annette Hartmann '65received a20-
year pin in acknowledgement of teachingbusinesslaw at Los Angeles Pierce College. Her classroom teachingis an addition to maintaining a law practice and home.
Edward Poll '65 hasformedEdward Poll & Associates in Venice, a managementconsultingbusiness aimed at start-up or troubled companies and small to mid-sized law firms.
Barry Taylor '67 has been appointed a commissionerof the Los Angeles Superior Court.
Thomas E. Warriner '67 wasrecently appointedby Governor Deukmejian to be a municipal court judge in Yolo County
Paul L. Basile, Jr. '68 was elected to the board of trustees of Occidental College. He is of counsel to Wolf, Rifkin & Shapiro, where he heads the tax department.
Barry Komsky '68 writes that his son Joe, born while he was taking the bar exam, hasrecently graduated from the Wharton School of Economics at the University of Pennsylvania. Komsky's otherson, Mike, is also a student there.
Steven E. Moyer '69 has become a partner in the firm ofHaight, Brown & Bonesteel in Santa Monica, where he specializes in civil litigation with emphasis on product liability, construction defects, professional malpractice andpersonal injury.
The 1970s
Nicholas Budd '70 is senior trade counsel to Louis-Dreyfusin Paris and of counsel to Pepper, Hamilton & Sheetz. He is co-author of Case Histories in Trade Financing (Euromoney Publications) and The Transformation of Banking (Harvard University Press).
KentL. Richland '71 ofGreines, Martin, Stein & Richland has been appointed chair-elect of the Tort and Insurance Practice Section's Appellate Advocacy Committee of the American Bar Association.
Richard Blacker '72 and his wife Rita are the proud grandparents of Justin Marcus Owens, who was born in May to their daughter Marcy and her husband Brent.
Joe Bogan '72 and Stephen C. Klausen '72 are partners in the civillitigation firm of Bogan, Jones & Klausen in Marina del Rey.
Douglas Anne Munson '72 is the author of El Nino, a novelpublishedby Viking Press this year The novel's protagonist isa34-year-oldattorneywhospecializes indefendingparentswho haveabused theirchildren, anda LosAngeles Times review characterizes the work as one which "refuses conventional borders and strategies."
Paul A. Turner '72 has become Presiding Judge for the2ndDistrict Court of Appeal, Division5. He was appointed a Los Angeles Municipal Courtjudge in 1983 andtwo yearslaterwas elevated to the Los Angeles Superior Court, before his appointment to the appellate courtlastfaII.
James F. Wilson '73 is an adjunct assistant professor at the University of Pennsylvania and at the University of California, Davis, teaching courses in veterinarylaw, ethics and practice management. He wrote Law and Ethics of the Veterinary Profession.
Peter C. Bronson '74 iscompletinghis tenth year as a businesslitigator at Levy & Norminton.He and his wife, Carolyn, are expecting theirfirstchild.
Michael S. Rubin '74, who has practiced transportation law and litigation with Walsh,Donovan, Lindh & Keech since1987, has been elected president of the Association of Transportation, which is North America'slargest organization oftransportation practitioners.
Victor Gold '75, a tenured professor since1985 at Loyola Law School in Los Angeles, recently co-authored volume 27 of Federal Practice and Procedure.
John B. Golper '75, a seniorpartner in
Ballard, Rosenberg & Golper in Los Angeles, was the featured interviewee in "The Lawyer's Corner" section of the March 1990 issue of The EEO Review. His interview related to the legality of "English-only" speaking rules by employers.
Steven Hecht '75 is a founding partner of Rosenberg, Chittum, Mendlin & Hecht in Century City, which recently celebratedits first anniversary.
Lourdes Baird '76 was appointed U.S. Attorney for the Central District of California by President Bush. As the chief federal prosecutor for seven Southern California counties, she heads an office responsible for the most populous federal judicial district in the nation. She assumes her new post after having served as a highly lauded Los Angeles County Superior Court judge.
Paul D. Fogel '76, an appellate partner at Crosby, Heafey, Roach & May in San Francisco, has beenappointed chair of the State Bar Committee on Appellate Courts, which reviews new legislation and rules affecting practice in the appellate courts.
Richard H. Levin '76 practices law in Albuquerque, New Mexico, with the firm of Levin & Vance, specializing in construction and commercial litigation, telecommunications, and government licensing and regulation. He recently completed terms as chair of the Commercial Litigation and Antitrust Section of the New Mexico State Bar Association and chair of the Indian Pueblo Legal Services Program.
Robert A. Pallemon'76, formerly an assistantattorney with the U.S. Attorney'sOfficein Los Angeles, is now of counsel to Bryan, Cave, McPheeters & McRoberts, where he specializes in civillitigation and white collar criminal defense.
Blair E. Stump '77 has become tax director of CSR America in Atlanta, the North American investment arm of CSR Limited, headquartered in Sydney, Australia.
Andre M. Reiman '77 joined Philip Morris Management Corporation as seniorassistant general counsel with responsibility for Latin America.
Diane A. Ward '77 holds the position of senior counsel, securities and finance
at Atlantic Richfield.
Diane Bardsley '78 joined the San Diego County Counsel's office in1988 and this year was appointed chief deputy county counsel for litigation.
Carol A. Chase '78 hasjoined the faculty of the Pepperdine University Law School as associate professor of law.
Lorna C. Greenhill '78, currently president-elect of the Long Beach Bar Association, will be installed as its president in January 1991.
Paul S. Rutter '78 writes that he is enjoying both hisreal estate practice as managing partner of Gilchrist & Rutter andhis new baby boy, Mark Stuart, born May 31.
Michael W. Schoenleber'79 announced the opening of his law office in Sacramento, where he specializesin immigrationand nationality law.
The 1980s
Debra Hodgson'80 isa solepractitioner in Denver,representinginternational entertainment insurance companiesin copyrightdefamationandotherintellectualpropertylaw.Sheandherhusband, Phil Weintraub, aretheproud new parents of a baby girl, Rachel.
Craig G. Riemer '80 hasleft private practice to accept a position as a research attorney with the California Court of Appeal in San Bernardino.
Barry Carlton '81, after five years with the districtattorney's office in San Diego (whichincludedan eight-month leave for travel in Europe and study in Mexico), has joined the California Attorney General's office in criminal writs and appeals.
Jonathan R. Ivy '81 has become a partner in the law firm of Wolf & Leo in Century City.
Edwin Ira Lasman '81 is a partner in the law firm of Fowler & Lasman, specializing in business and commercial transactions.
Edwin A. Lewis '81 has become a partner in the law firm of Overlander, Aherene, Allen & Lewis, specializing in insurance defense, public entity defense and business litigation.
John T. Rogers, Jr. '81 became a partner at Parker, Milliken, Clark, O'Hara & Samuelian in January. He notes that he and his wife, Judy Culliton Rogers, spend their spare time running after their two children, Brandon and Meredith.
Dirk W. Van de Bunt '81 and his wife, Susan, became proud parents for the first time with the adoption of a son, Alex Wouter, born May 7.
David J. Duchrow '82 has opened a law office in Santa Monica, specializing in plaintiff's personal injury litigation as well as labor, discrimination, probate and family law.
Gregory E. Fehlings '82 received the "Trial Attorney of the Year" award from Immigration and Naturalization Service. He is assistant district counsel with the INS in Seattle and a captain in the U.S. Army Reserve.
Kathleen C. Johnson '82 became a partner at Morgan, Lewis & Bockius in October of this year.
Jeffrey P. Molever '82 is a partner in the Palm Springs law firm of Sanger & Stein. He and his wife, Cathy, live with their children Jamie and Benjamin in Palm Desert.
Steven Sletten '82 has become a partner in the firm of Gibson, Dunn & Crutcher. He is a member of the litigation department and practices in the firm's Century City office.
Robin M. Stutman '82 is a senior trial attorney with the Office of Special Counsel, U.S. Department of Justice. She and her husband, Reid, have a oneyear-old daughter, Rachel Stutman Horwitz.
Lilianne G. Chaumont '83 has become
a partner of Greenberg, Glusker, Fields, Claman & Machtinger. She is a member of the litigation department.
JeffJordon '83 recently competed in a three-hour automobile race in Portland, Oregon, sanctioned by the International Motorsports Association. He writes that his turbocharged Mazda sedan was fast, but due to a lengthy pit stop to repair damaged brakes, finished well down in the pack. He now resides about halfway between the population centers of Sloughouse and Sheldon, near Sacramento.
Susan T. Olson '83 has become an officer and director of Grace, Skocypec, Cosgrove & Schirm.
Lise N. Wilson '83 is a partner in Post, Kirby, Noonan & Sweat in San Diego.
Cynthia E. Maxwell '84 is a shareholder in Littler, Mendelson, Fastiff & Tichy in San Francisco. She represents employers in all aspects of employment relations.
Susan Formaker '84 and Daniel Olivas '84 became the proud parents of Benjamin Formaker-Olivas. Susan is counsel at Bank of America and Daniel is a deputy attorney in the antitrust division of the California Attorney General's Office.
Harriet S. Posner '84, a litigation attorney in the Los Angeles office of Skadden, Arps, Slate, Meagher & Flom, has been named coordinator for the firm's pro bona activities on the West Coast. Last year, the firm logged more than 86,000 hours handling pro bona and other public interest cases.
B.J. Cling '85 is with Debevoise & Plimpton in New York doing corporate work in general, with a focus on Eastern Europe.
Chuck Fanning '85 opened his own office, Fanning & Associates, in Santa Monica in 1989, after having practiced employment law for four years.
Ketong Lin '85 has been appointed Vice Dean of the International Economics Law Department of China University of Political Science. As a part time lawyer, he recently joined the J &H Law Offices, which is one of the first non-stateowned law firms in China, handling mainly foreign-related legal matters.
Alicia Moore '85 has been appointed corporate counsel of Adaptec, a computer products firm located in Milpitas, Calif.
Richard A. Veloz '85 has accepted a position with the U.S. House of Representatives as the staff director for the Select Committee on Aging.
Daniel Ence! '86 became a father for the first time, with the birth of daughter Jessica Lauren in May of this year. He was Fred Sands Realtors' top producing agent for Montecito in 1989.
Michael S. Rosenblum '86 has become associated with the firm of Mitchell, Silberberg & Knupp, where he specializes in real property law.
Pattie Scheimer '86 recently became an assistant district attorney in Allegheny County, PA.
Emily W. Card '87, in practice in West Los Angeles, has been on tour for the publication of The Ms. Money Book, which she wrote during law school. Coverage included the "Today" show and People magazine, featuring her practice that specializes in advising individuals with private wealth.
Raquelle de la Rocha '87 has been appointed by Los Angeles Mayor Tom Bradley as one of seven commissioners on the Commission on the Status of Women. She is a prosecutor of attorney disciplinary proceedings for the State Bar of California, Office of Trial Counsel.
Michelle Zimet '87 and Ian Elfenbaum '88 are married and living in Chicago. Ian practices workers' compensation and labor law with Kleiman, Whitney, Wolfe & Gore. Michelle practices land use planning and environmental law with Siemon, Larsen & Purdy. Their first child, Amelia, was born on July 6.
Douglas Lee '88 has transferred from the New York office of Kaye, Scholer, Fierman, Hays & Handler to the Los Angeles office. He returned to California, he writes, because he "missed the smog, traffic jams and earthquakes."
Michelle Sherman '88 recently joined the law firm of Rosenberg, Chittum, Mendlin & Hecht in Century City.
Alice Griffin '89 has become a member of Anderson, Kill, Olick & Oshinsky
in New York. Shepracticesin the areas of bankruptcy and corporate reorganizations.
Bruce Kuyper '89 is an associate of Irell & Manella in Los Angeles.
David A. Portnoy '89 returned to Baltimoreand will be associated with Venable, Baetjer & Howard.
The 1990s
Stephen L. Davis '90 received the Judge Barry Russell Award from the Federal Bar Association, inrecognition of his achievement in the FederalCourts course and in competition with graduates from the six ASA-accredited law schools in SouthernCalifornia.
Bruce Goldberg '90 has become associated with Armato, Cairns, Weil, West & Epstein.
IN MEMORIAM
James Anderson Bell '70
HarryBrisacher, Jr. '53
Clarence R. Cook '52
James R. Franks '66
Franklin Bell Gassman '61
Martin Klass '65
Samuel Y. Parks '57
Thomas A. Sanchez '70
Thomas Robert Sheridan '56
Calendar ofEvents
Sunday, December 16, 1990-Assistant Dean Michael Rappaport describes the current admissions process in the nation's law schools, with advice for prospective students and their parents, Room1347 Law Building, 10:00 a.m
Friday, January 4, 1991-Washington D.C., area Alumni luncheon,12:00 noon atLaCapriceRestaurant,2348 Wisconsin Avenue, Washington D.C.
Saturday, January 5, 1991-AALS Annual Meeting in Washington, D.C. -UCLA Dinner for alums in law teaching-Lafitte Restaurant, The Hampshire Hotel, 1310 New Hampshire Ave., NW. Washington D.C.
Saturday, February 2, 1991-Fifteenth Annual Entertainment SymposiumDickson Auditorium;8:30 a.m.-5:00 p.m.
For further information, please caII Maureen Depolo at (213) 825-2890.
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