UCLA Law - Spring 1981, Vol. 4, No. 3

Page 1


In This Issue

A Report from Dean Warren

UCLA's Placement: 'Drowning in Success'

Jesse J. Dukeminier: 'The Duke'

The Mini-Trial Experiment

The Faculty News of the School Classnotes

UCLA LAW is published for The School of Law by The Office of Public Affairs at UCLA for alumni, friends, and other members of The UCLA School of Law community. Issued three times a year. Offices at405 Hilgard Avenue, Los Angeles 90024. "Postmaster: please return 3579to School of Law,405 Hilgard, Los Angeles 90024."

Editor: Ted Hulbert,Public Affairs/Publications

Associate Editor: Chuck Halloran,Public Affairs/Publications

Alumni Editor: Bea Cameron, School of Law

Art Production: Marlyn April Pauley -

'AnEventful andGoodYear'

he 1980-81 academic year-the 32d intheyounglifeoftheUCLA School of Law-has come to an end. It has beenaneventfulyearandagoodone. In my biased view thispast year saw the strongest faculty, staff, and student body that we have ever had atthe School. Admissions continues to be a source of both pride and frustration for the School. Some 3,200 highly qualified college graduates from all over the nation appliedforthe360seatsinourenteringclassfor1980. For the 1981 entering class we have received 3,700 applications, an increase of 16 percent.Nearly all of these applicationsare from students who could succeed in our School, but with more than ten people applying for each place in the class we must reject many very talented applicants.The national reputation of the School is demonstrated by the flood of applications we annually receive from graduates of leading Eastern and Midwestern universities.

Inatoughjobmarket,placement ofUCLA students isflourishing.InFall,1979,some300firmsand agencies from all the major cities conducted placement interviews at UCLA. In Fall, 1980, this number increased to 423-a 41 percent rise.Two years ago in a planningdocumentIprojectedthatwemighthaveas many as 500firmsand agencies interviewingwithus by 1985.Now itseems likely thatwewillexceed this by 1981.Indicativeofwhereourgraduatesgotopracticeisthefactthatourlargestandmostactivealumni club is in Washington,D.C.

Ourmajor problemsare a critical lackofspace and low faculty salaries.A comparison of our net square

footageperfull-timestudentwiththatoftheothertop ten Cartter Report law schools shows UCLA with a figure of 73 square feet at the very bottom. Berkeley has122,Stanford271,Yale198,Harvard341,Penn200, Chicago117,and Columbia133.Neither Michigannor Virginia announced their figures; both have recently increased the size of their buildings.Nor do we fare well when compared with other California law schools.Davis has 121,USC 116,McGeorge 200,Hastings 180,Pepperdine 132, and Loyola has 57 but is buildinga substantial addition.

For the past three years we have been working toward securing University approval of a substantial addition to the present overcrowded Law Building. I am pleased to report that progress has been made. Chancellor Charles E. Young recently informed us that the Law Building addition is now the top buildingpriorityontheUCLAcampus.Wehavealongway togobefore final approvalisgainedandconstruction can begin, but I am optimistic that we are going to get there.

For the great national public universities-UCLA, Berkeley, Michigan, Virginia-these are the best of times and the worst of times. Large numbers of the most talented students in the country strive to gain admission.Thebestlawfirmsfromalloverthenation vie with each other to hire our graduates. We have strong faculties. And yet, as I stated in our recently distributed fund-raising brochure, we have never been in a more precarious financial condition. Our privateschoolcompetitorsraisetheirtuitions12to13 percent per year and pass these gains directly into increased faculty salaries.Our educational fees have barelymovedupinadecade,andwemustlookhopefullytothelegislatureforafourorfive percent salary increase for 1981-82.

UCLAhasoneofthemostdistinguishedlawfacultiesinthenation,andwecannotstandbackandallow this talented group tobehired away from usbecause we cannot meet our competitors' salary levels. In the 1980 ABA survey of law school salaries, both UCLA and Berkeley ranked far belowother schools of comparablequality.Wemustdobetter,andwithyourhelp we will. Do what nearly a thousand of UCLA law alumnihavedoneandjoinoneofoursupportgroups: Chadbourn Fellows ($500 andup),Dean'sAdvocates ($250-$499), or Dean's Counsel ($125-$249). Make your tax-deductible contributions to UCLA Foundation-Law. Mail them to me at the UCLA School of Law, Los Angeles, CA 90024. Let's keep a good thing going!

UCLA'sPlacement: 'DrowninginSuccess'

jobmarketwherethestakes are higher and the competition fiercer, a constant growth in Southern California's legal community which now rivals the East Coast establishment, an ever more intense pursuit of careers by law students-these are factors which combine to heighten the pace of activity at the UCLA School of Law's Placement Office.

All major national law schools report that their placement offices are frenzied in today's tight job market, and in that respect UCLA is no exception.

The exceptional situation at UCLA, however, is a flood of increased recruitment by law firms in California and throughout the nation. One result is that the facilities and funds of the Placement Office are now stretched beyond their capabilities.

"There is an enormous increase inplacement activ-

ity at this law school," notes Dean William D. Warren.

"The reason is obvious: we are in an era of agreatglut oflawyers, andstudents are much more aware oftheir need to get employment. UCLA is doing very well in placing its graduates.

"Every year, more firms are coming to interview at UCLA; in fact, the Placement Office is inundated by all the interviewers. We are flooded by firms, and we're pleased by that. But it is a mixed blessing, in that our facilities will barely handle the interviewers and we do not have sufficient staff. We are now drowning in our success."

The actual statistics underline Dean Warren's assessment. In 1979, recruiters came to UCLA from 300 firms and agencies; one year later, that number had increased to 423 separate firms and agencies.

The statistics on placement of recent graduating classes are equally impressive. A preliminary survey

Placement Director Leticia Cairl videotapes apractice interview with secondyear student Mario Gomez.

of the Class of 1980 reveals that 82 percent of those graduates had been placed upon graduation, with 5 percent still seeking employment. The remaining 12 percent was comprised of those who had not yet passed ornotyet takenthe bar exam.

One year after graduation, a survey of the Class of 1979 showed that 95 percent were employed. This placement by legal practice categories was distributed in this pattern:

Workshops on interview techniquesand resume writing are available to all law students.

Finally, salary figures for recent graduates give a convincing testimony to UCLA's prowess in placement. A young man this year,during his class barbe-

cue, remarked to Dean Warren that upon graduation he'd be joining a New York firm at a salary of $42,000. Another graduate mentioned a starting salary of $35,000 with a $10,000 bonus for joining the firm. The median salariesof UCLA graduates joining large law firms this year appear to be somewhere between$28,000and$33,000.Althoughthosefigures scale down for medium and smaller firms, it is also true that some small firms are paying top dollar for outstanding graduates.

But what about the graduates who don't rank at the top of their class? And what about those who simply aren't interested in corporate law or the big league firms?

A common criticism has been that placement offices-not only UCLA's, but those at every major law school-hold out no help to these students.

UCLA's Placement Office has a new director, and

she has new plans and programs to help meet the needs of every law student.

Placement Director Leticia G. Cairl, an honor graduate of Yale and by Dean Warren's description "a very bright person," brings to UCLA's program her own considerable background from many sides ofthe placement game. She worked for a private placement agency in Chicago, then was a recruiter for a Los Angeles firm, and a year ago she joined the School of Law as an assistant in the Placement Office. This spring she was promoted to director.

"Los Angeles by itself is an enormously growing legal community," says Cairl. "It's just blowing up, going everywhere, and especially so in corporate,tax, real estate, and business law in general.

"While that is true,it is also true that students want a choice. They want to be able to do a summer in the publicsector, and perhapsanothersummer in private practice. But they haven't had that choice because it sometimes seems all the available jobs are in the

private sector."

Cairl is therefore filling the gap in UCLA's placement program by searching out opportunities in alternative legal careers, in public interest and legal services areas, and by helping students to identify non-corporate agencies where career opportunities exist.

The UCLA Placement Office recently compiled a thick directory of government agencies for legal placement. Cairl has organized regular panel discussions on topics such as women and minorities in the law and alternative legal careers, with alumni as panelists. Thesepanelswere scheduled once amonth this year, and next year Cairl plans to double the schedule.

The Placement Office also has redoubled its efforts to provide all students with assistance on basic skills such as resumewriting and interviewing. Mock interviews are videotaped in the interviewing workshops. "This is helpful mainly for confidence build-

ing," says Cairl. "Thevideotapes help 'weak' students toseehowmuchtheyreallyhavetoofferanemployer."

It is undeniable that the on-campus fall interview season attracts mainly recruiters from corporate firms. "As our success in that program grows," notes Dean Warren, "it may seem that the student who doesn't want a corporate career feels left out. But in fact, we are working hard on other types of placement."

Making the match between student interests and job market possibilities is no simple matter. Larger numbers of students today say they want to do litigation, whereas Cairl notes that there is a market demand for more attorneys to serve as counselors atlaw, giving advice to clients in an office. Student interest in criminal practice far exceeds the market demand, while employment listings in the personal injury field seem to surpass the interest of students.

Many students choose UCLA'slawschoolprecisely because of the growth potential of Southern Califor-

nia. While that growth continues, it is also true that UCLA's law placement is expanding nearly everywhere.There's been a tremendous increase of placement in Washington, D.C., and a substantial growth in New York City. More recruitment at UCLA is also noticeable from major cities such as San Francisco, Seattle, Portland, Denver, Phoenix, and Houston.

The most pertinent assessments of the placement programcome,ofcourse,fromitsusers-thestudents and the recruiters.

Bruce Miller'81,whoisjoiningIrell& Manella,says "the Placement Officehasserved mejustfine,because I accepted a job at a large, business oriented firm in Los Angeles." He received more than one job offer as a result of interviews scheduled on campus. He observes that many students feel there is not enough diversity represented by the interviewing firms and agencies; but, he adds, "I am sure that the majority of firms whointerview atColumbiaare from New York."

Gary Robinson '80 of Decastro, West & Chodorow

commented that the Placement Office personnel "are extremely helpful, nice to deal with." However, those at the top of the class benefit disproportionately from the program, he said. That same comment came from Leslie Cohen '80 of Gendell, Raskoff & Quittner. "I had a million interviews and a million callbacks," says Cohen, "but I don't think the Placement Office would have been as useful had I been looking at public interest law." Balancing that statement, she adds that "compared to other lawschools, the UCLA Placement Office attracts better law firms, and therefore UCLA students have a better chance of getting a job offer from the firm they want."

Craig Moyer '80 of Nossaman, Krueger & Marsh observes that the frustration students face in any placementprocess is inherent in a market of demand and supply. "The processitself is a frustrating one; it's always frustrating to get a rejection, and rejection is inevitable in the job search. I consider myself very lucky. I had anticipated going into public interest law. I joined a private law firm, but it does a good deal of public interest work."

The recruiters who come to UCLA and other schools have known the frustrations of being on both sides of the table at one time or another.

Sandy Weishart '79 of Barger & Wolen comments: "It wasn't that long ago I was a student, and being interviewed was a dehumanizing process. Being on the opposite side of the desk now isn't all that much easier. It is frustrating to know you must choose a definite number of people."

Paul Glad '77, who is in charge of Barger & Wolen's recruitment, has seen a change in the process in as short a time as three years. "There is continuing and greater pressure, competition among firms for the top students," says Glad. "You see more and more firms hosting a cocktail party before the actual recruiting time, and you see extensive investment in recruiting budgets."

Glad notes that his firm sends one recruiter to each of six California law schools, but it sends two to UCLA. "We hold recruiting at UCLA in a very special position because of the quality of UCLA graduates."

A similar appraisal of UCLA comes from Mario Camara '73 of Cox, Castle & Nicholson. Camara personally has conducted interviews at all of the schools where the firm recruits: Boalt Hall, Hastings, Stanford, UCLA, USC, Michigan, Chicago, Northwestern, NYU, Columbia, Harvard, Georgetown, and George Washington.

"I think UCLA students compare favorably with any law students in the nation," Camara says in retrospect of his interviewing experiences at that list of

schools since 1976 when he started recruiting.

"The best word to use in describing UCLA students is 'involved.' The School fosters a student involvement in the legal process and the legal community. The current dean has done much to get alumni more involved in the School and with the students. It's a symbiotic process, and a very healthy thing."

Students today, Camara adds, tend to be more intense about their immediate professional futures than were law students less than a decade ago. "In the old days (by which Camara means the early 1970s) when I was in law school, one of the first questions a student asked the large law firm recruiters was, 'What is your pro bona policy?' I can honestly say I was only asked thatquestionthreetimesinlastyear'sinterviewseason."

Diane Bardsley '78 of Pettit & Martin gives the UCLA Placement Office a favorable review. "It has done as good a job as any other school has done; each has its own problems, but overall UCLA balances out favorably." A similar summary statement comes from Dian Ogilvie '75 of O'Melveny & Meyers. "There have been logistical problems," she says, "but no lack of cooperation."

Bardsley voices concern over the fierce competitive tactics noticed last year. "I think a firm will be well respected if it is totally honest with the student," she says. "We don't try to overly woo people; we give theman accurateideaofthe working world. Toomany firms make a mistake by taking the student to the ballet every night."

In the current economics of recruitment, state schools such as UCLA clearly are at thedisadvantage. The UCLA School of Law Placement Office has a staff of only three to serve the needs of more than a thousand students and the nearly 500 firms which will schedule on-campus recruitment next year.

"If a law school charges more than $7,000 a year for a studentto attend, asStanford does, then it can afford to allocate some ofthatmoney to running a placement office," notes DeanWarren. "If a school charges $846 a year, as UCLA will charge next year, it is difficult to justify allocating any of that money to running an employment program, given the tremendous need to finance the education program of the School."

It is a plight common to all public schools. Boalt Hall has responded to the problem by requesting a voluntary fee from firms to help support placement. A similar source of support seems inevitable for UCLA and other state schools. Dean Warren concludes, "I would anticipate that in the future there will be an increased need to find alternative methods for financing law placement offices." D

JesseJ.Dukeminier: 'TheDuke'

tern: A physician-novelist erects a mystery thriller on the premise of a black market for human organs. In a postscript to thenovel (whichhits the bestseller list), he recommends two "delightfully illuminating" articles on organ transplantation which had appeared years earlier in the Michigan Law Review and the UCLA Law Review. Subsequently, he invites the scholar who wrote them to a screening of the movie version of the book.

Item: The UCLA School of Law installs "The Journey," the largest mural ever to be displayed on the UCLA campus, on the north wall of the law library reading room. It is then reviewed by numerous newspapers, including the Los Angeles Times and the Christian Science Monitor. Behind the scenes, the faculty member and art connoisseur who procured the mural also had a hand in inducingjournalists and art critics to write about the work.

Item: A UCLA law professor windsup thefinal hour of the semester in his first-year course in Property.

Having bantered with, teased, amused, and gathered answers froo his students in a taxing session on easements and covenants, he asks, "If the benefit is in gross, the burden won't run ...that's one thing you've learned from this class, haven't you?"

The catalytic force in each of these seeminglyunrelated vignettes is none other than UCLA Professor of Law Jesse J.("The Duke") Dukeminier, a faculty member since 1963 who is known for his eclectic set of outside interests and who is regarded, in fact, as something of a Renaissance man.Scholastically, he is recognized as the co-author of a standard text on Family Wealth Transactions; in June, Little, Brown & Company will publish a new work, Property, coauthored by Dukeminier and UCLA Professor of Law James E.Krier.

"We hope to have a bestseller," says Dukeminier optimistically of the forthcoming book "While there

Tom Bourne, a Santa Monica free-lance writer, is a regular contributor to this magazine.

are several competing books offered for first-year Property,we'dliketograbalargeshareofthemarket andbecomeoneofthe 'BigThree,' ifnotthestandard coursebook in the field."

Thatoptimismis foundedonthefactthat Property will differ materially from the other existing texts: It will offer a consistent economic analysis of property problems and provide an economic framework for law students who have had no prior training in economics,while deferring introduction of the standard litany of economic jargon until the students are well into the text, and already grasp what the concepts mean.

CallingthesortofapproachthatProperty willtake "the wave of the future," Dukeminier remarks: "We donotbelievethatyoucantalkaboutpropertytoday, and forthe forseeable future,without discussing the economic impact of various decisions affecting property."

The thematic pegson whichthe book will behung are these: The efficient use of scarce resources, fairnessinallocationofthoseresources,and,finally,history-a word that frequently comes to Dukeminier's lips in conversation.

"A lot of property books are very doctrinallyoriented," hesays,"andI thinkit'samistake toteach thatkind ofcoursein the firstyear.Wegivestudents plentyofdoctrine,butwetrytopursueeverydoctrine to itsroots,so that students have a clear understandingofwhereitcomesfrom.Theyhaveabetterunderstanding of property when they do.

"Otherwise,you lose the whole insight into forces for change, and how the law itself changes. That's very important for lawyers inpractice,because they must see which doctrines are growing, which are dying.Ifa doctrine is dying,thenthecourts are more likely to circumvent or overrule it. If it's growing, lawyersmustadvisetheirclient,'Thelawischanging here.' Once they have thehistoricalperspective,they no longer view the law as static,as a given."

If Property becomes a huge success, it will only follow in the path of a previous coursebook, Family Wealth Transactions (co-authoredbyDukeminierand University of Texas law professor Stanley M. Johansen),which isnoweithernumberoneornumbertwo initsfield.OneofDukeminier'sformerstudentsonce described it as "far and away one of the finest textbooksIhave ever had the privilege of using."

Family Wealth Transactions also triggered a dramatic change in the UCLA law school course structure, because the subjects it covers - wills, trusts, and future interests-were "traditionally taught separately in the law school curriculum," according to Dean William D.Warren.

"The framework for that book is organized around estate planning, and it is problem-oriented," says Dukeminier. "It's harder to teach than books that divide everything up into neat little packages-but problems don't appear in packages, they cut across theboard.Therearetaxramificationstoeverything."

Steeped in historical insight into the law,and able to spot trends as they emerge,Dukeminier offers the following commentary on some of the cutting edge issues in property law for the 1980s:

Theenvironment. "Youhavetheissueoftheuseof theCaliforniacoastline and,as an offshoot,the questionofaccesstothebeachesfor low-income persons. If there were no controls over a scarce resource like this,peoplewithaccesstoother resources wouldbid it up. However, the California Coastal Commission has tried to make developers put in some units for either sale or rent to low-income groups. It's very trickytodothat,anddevelopersaredownontheidea.

"Los Angeles is kind of rare, because you have Venice,wherealotoflow-incomepeopleliveandcan gotothebeach.Ifyoujustletthemarketwork,Venice would become like Marina del Rey,and the Marinatypeofdevelopmentwouldgorightupthecoastline."

Rent control. "Studies of rent control are very mixed as to whether its effects are detrimental or advantageous. Where you have decontrol of rents whentenantsmoveout,sothatsomerentsarealways goinguptothemarketrate,thatseemstobesufficient to induce landlords to go into the business. It's a questionofinvestmentmoney.Ifinvestors can't geta return equal to what they can get from gold,wheat, andstockmarket,orwhat-have-you,theywon'tinvestin rentalhousing.Andthat's what's happeningtoday."

Marital property rights. "In California,we are tryingto adjust community property lawto the modern husband-wiferelationship.Moreandmorewiveswill work,andtheymaywanttokeeptheirpropertyseparate.Lots ofproblems will stem from the fact that in this statewomenwillhave sophisticated businesses, and be either sole proprietors or else be in partnerships with people other than their spouses.

"Inotherstates,maritalproperty isstillverymuch in a state of flux. You have the matter of whether peoplewhoarelivingtogethercancontractintomarital property arrangements, or, conversely, whether married people can contract out of marital property rights. In New York, for instance, they cannot; they must take the rights that the state gives to husband and wife.There'ssomething to be said for New York law,but something to be said against it,as well."

Condominium law. "When people are living in suchcloseproximity,youhavealotoffairlytechnical problems about how to arrange the rights of the par-

"Hedazzleswithaheadymixture ofphysical andverbal acrobatics,anditisquiteclearto allintheroomthattheyarein thepresenceofamaster."

ties so that they can enter into this tight living situation and yet be relatively satisfied.

"Thelawismuchmoretechnicalthanitneedstobe in the area of servitudes. We're still struggling with thelawwetookfromtheEnglish, whichthrewupall these technical road-blocks into arrangements that giveotherpeoplerightstoyourland. Thisareaofthe law should be simplified. I believe it would take a state statute to do it."

Dukeminiermaywieldsomeinfluenceinthisarea, for he serves as an adviser to the California Law Review Commission, which recommends legislation to the state legislature in order to clean up archaic or outdatedlaw.Currently,thecommissionisexamining propertylawandprobatelaw; oncethisworkiscompleted, it may turn its attention to the area of servitudes, says Dukeminier.

Asateacher, Dukeminier'sobjectivesaremanifold, depending on whether he is teaching Property or Family WealthTransactions.Intheformer,heseeksto teachbasicskills, whichhedefinesastheabilitytoget the facts, to recognize what is relevant in problemsolving, to see all sides of a problem and all ways of solving it; precise speech, linguistic sophistication, imagination, and the capacity to articulate community values. In the latter, he focuses much more on comparative approaches to problem-solving.

One of Dukeminier's former students says that in second-year courses such as Family Wealth Transactions, professors no longer play "hide the ball." Dukeminierdisagrees. "Inthefirstyear," heexplains, "lawstudentsareveryuncomfortablewiththeideaof uncertainty They think law is rules, that everything has an answer. It doesn't! The second-year students aremuchmorecomfortablewithuncertainty,withthe fact that the answer may be unclear."

Thisrepresentsno shiftof position forDukeminier, for, as far back as 1972, he was insisting that he did not look for "mapped-out answers" orplay "hidethe ball" with students. From the vantage-point of the third person, he wrote the following words: "Often

the student's answer will move the discussion in an unexpected direction because the student is looking atthe problem inan unusual way, or his answer indicatesagapinhisknowledge. Dukeminiersayshetries tousethestudents' answersasasailorusesthewinds. Thus he hopes no two voyages through his courses are ever alike."

While it is true that, as Dean Warren has said, Property and Family Wealth Transactions "typically do not capture the interest of law students, faculty members, or lawyers," one would never know that from sitting in on one of Dukeminier's classes. There his students wait for him with a palpable sense of eagerness, andwhenhearrivestobeginthehour,they are quick to respond. For his part, he dazzles with a headymixture of physical and verbal acrobatics, and it is quite clear to all in the room that they are in the presence of a master.

SondraBerchin'77, whoclerkedforSupremeCourt Justice Thurgood Marshall and who is now with the Beverly Hills firm of Rosenfeld, Meyer and Susman, says: "His is the perfect combination of knowledge, skill and performance. He loses himself in his material,losesconsciousnessofwhereheisatthemoment. Heisinheavenwithhisfutureinterests." Sheadds: "I love the man. He's the best teacher I've ever had."

Says Alex Johnson '78, who has followed in Dukeminier's footsteps and now teaches Property at the University of Minnesota: "One of the reasons I wentintopropertyisthatI enjoyedhisclasssomuch. He makes what is thought of as a very dull subject very exciting. I'd like to think that I impart some of that enthusiasm and flair to my students, too."

Those comments are echoed by his current students, such as first-year student Ramiro Jacinto, who offers this: "The area of property is really difficult. Dukeminier is one of the best at getting you through the morass. They say that if you can handle property in his class, you can reallyhandle property."

The University acknowledged Dukeminier's special gifts as a teacher when it honored him with the Distinguished Teaching Award for 1975-76 (he was, incidentally, thefirstprofessor of lawevertore-

"Hisistheperfectcombinationof knowledge,skillandperformance.Ilovetheman.He'sthe bestteacherI'veeverhad."

ceive the award). Student evaluations of his Property course at the time conclusively showed that Dukeminier was "first among faculty members who teach courses that law students are required to take," as Dean Warren wrote in nominating him.

A sense of style permeates everything Dukeminier touches, even his office decor. Unlike the drab, colorless tones of many a professor's office, his features suchthingsaswoodpanelingonthe floorandabright orange couch; the overall effect, one ofamiabilityand cheer, of elan and even a certain jauntiness, mirrors Dukeminier's own personality.

"It seems fairly clear that among the basic values of any community, aboriginal or civilized, is beauty," Dukeminier wrote in his first published law article, "Zoning for Aesthetic Objectives: A Reappraisal," 20 Law and Contemporary Problems (1955). As we have seen, Dukeminier's interest in art has benefited not only himself but UCLA as well. He has also given to the University a set of Daumier prints, whichhang in the faculty lounge.

For years he attended the annual state bar convention, where there were exhibitions of prize-winning art from lawyers around the state; he got some of the winners to donate their works, which have since graced the dean's office and the halls. Dukeminier says quite simply, "It's nice to show that lawyers have another dimension. A lotofthemdabble inartandare quite accomplished."

Ultimately, nooutsideinterest-noteventheopera, which will spur him togo ona month-longtour ofthe opera capitals of Europe this May-can keep Dukeminier away from his twin passions: his students and his writing. He has been writing steadily for the

''He makes what is thought of as a very dull subject very exciting. I'd like to think that I impart some of that enthusiasm and flair, too."

past five years, first on the revised edition of Family Wealth Transactions (which appeared in 1978), then on Gilbert's Property summary, and recently, on Property. Temporarily weary, he will take the summer off from writing, but hints at a couple of new writing projects which, if they are even half as compelling as the two articles on organ transplantation which had an impact on Dr. Robin Cook's Coma, should be well worth the wait.

Since Dukeminier has now been on the UCLA law faculty foreighteenyears, itseemssafeto concludehe is happy where he is. He seeks neither to be a judge nor an administrator, nor, for that matter, to "advance" in any other way. He seems to be one of those rare, ingenuous human beings who are fully immersed in, and who fully enjoy, what they do.

Or, as Dukeminier himself says: "Nothing could be more fun, more interesting, thanwhat I am doing. The students are always so refreshing-every year you're getting thenewideas, thenew minds. Theirmindsare good and active, and they make you think. They feed you and they keep you alive." D

TheMini-Trial Experiment

oeing,Bristol-Meyers,Great Western Financial,Frigitronics,PhilipMorris, PhillipsPetroleum,WellsFargo,Telecredit, Aetna, Bendix, Levi Strauss, Whittaker.

What lured over 12 corporate leaders from this roster-with their legal counsel in tow -to leave their homes across the nation to attend a private, unpublicized legal conference at UCLA recently?

The answer lies in a problem common to all Fortune 500 companies and theirsmaller neighbors: the spiraling costs of inter-corporate litigation.

Presidents, senior vice-presidents, and legal departmentheadseludedtheirdemandingschedulesin ordertotestpersonallyanewlegalstrategy,themini-

trial,which actively involves management in a nonbinding alternativedispute mechanism.

The special two-day conference, billed as "The Mini-Trial Experimental Program," was cosponsored by the UCLA School of Law,the Graduate School of Management,and the Center for PublicResources,a nonprofit, business-oriented study group based in NewYorkCity. CPR recently published a manual on alternativedispute mechanisms,and hasadoptedan aggressive national stance on the subject.

"The legal profession has a responsibility to con_sider new ways of settling lawsuits outside of the ChuckHalloran haswrittenonlegaltopicsforpublications of the lawprofession and for the publicpress.

traditional adversary courtroom procedures," explained Dean William Warren in remarks made at the conference kickoff dinner at Chancellor Charles E. Young's residence. Agreement was unanimous from the business leaders, who are either potential victims or past veterans of the punishing world of corporate lawsuits, which includes huge legal costs, postponements, pretrial discovery paper wars, and diverted management res ources . "No one has an exact idea of what litigation costs American business each year," acknowledges Ronald A. Katz, a Century City dispute consultant for government and business, who is also one of the architects of the mini-trial concept. ,"However a very rough estimate of corporate liti-

gation and associated discovery costs was set at $50 billion for just 1978, according to the American Bar Association. Indeed, that same rough estimate sees a range of $40 billion to $88 billion per year in the last few years," adds Katz. Law Associate Dean Paul Boland helped to coordinate the planning committee as it prepared for the executive influx. Law Professor Stanley Siegel, GSM postdoctoral research fellow Jeff Conner, Assistant Vice Chancellor Richard Chamberlain, and Malcolm Wheeler of Hughes, Hubbard & Reed worked with Boland and Katz to create a massive, fictional test case involving two large petrochemical companies battling over alleged trademark infringements. Thick packets of informational material on the case, including company histories, financial data, and 13

NORM SCHINDLER /ASUCLA PHOTO SERVICE

lengthy formal briefs prepared by two Los Angeles lawfirmswhichvolunteeredtopattorneysascounsel, weresent in advance to the executivesfor study

UCLA's mini-trial simulation was a shortened version of the classic approach: the agreement to enter into the nonbinding procedure stays formal court proceedings while the two opposing sides fix their ownrulesofoperation, agreeonshort deadlines, and select a mutually acceptable neutral advisor, who is usuallyan expert in theapplicablefieldof law.

Each side then enters into a limited discovery period which culminates in a two-day "information exchange." Both parties present their essentialarguments, participate in rebuttals, and answer queries fromtheadvisor. Executives are involvedinthetotal interaction, andimmediatelyafterthe "trial"portion ofthemini-trial,theymeettodiscussasettlement.Ifa compromise cannot be reached quickly, then the advisor issues a nonbinding opinion which serves as a likelypredictorto the outcome of a realtrial.

UCLA's mockversionsaw JudgeJosephW. Morris, vice-presidentandgeneralcounselof ShellOilCompanyinHouston,Texas,actastheadvisor. Anobvious expert of long standing in technical corporate case law,heisaformerdeanoftheUniversityofTulsaLaw Schoolin Oklahoma andformerchief judge of afederaldistrict court in that same state.

Thetwelve executives andtheirlegalcounselwere assigned partisan sides afterreceiving their advance informationpackets. SincetheUCLAsimulationcondensed the usual two-day procedure into one eighthour period following a Sunday of get-togethers, the morning was devoted to formal arguments presented to the neutral advisor. Ronald L. Olson, BradleyS.Phillips,andJohnathanB.Marksofcounsel, Munger, Tolles & Rickershauser represented the plaintiff; NorbertA. Schlei, Malcolm E. Wheeler, and D. Christopher Wells, Jr., Hughes, Hubbard & Reed, actedon behalf of the fictional company defendant.

Following recess for lunch, the executives divided into six competing teams-plaintiffs vs. defendants-to use their own negotiating skills in an attempt to solve the complicated trademark dispute. Acomplete videotape also recorded eachof theteam negotiationsinordertocreatea subsequentteaching documentary. (Versions of this educational film in differentmodularforms willbeavailablesoon tointerested parties by contacting the Center for Public Resources in NewYorkCity.)

After each of the six negotiated settlements from the executive teams was chalked up on a portable blackboard, program coordinator Ron Katz pointed outthebasicsimilaritiesinmostoftheagreementson the fictional trademark battle. "Remember," he said,

"how two completely opposed companies, by using top lawyers, were able to synthesize their complicated arguments-each to less than one hour. The mini-trial process forces you to zero in on thereally key issues."

Noting that the mini-trial will not always work in certain legal situations, particularly those where a case primarily turns on factual disputes involving credibility, attorney Ron Olson added thattechnical, factual disputes which require expert analysis do lend themselves to mini-trial methods.

Thearchetypalmini-trialgenerally citedbyproponentsistheTelecredit-TRWconflictwhichthreatened to consume millions in legal costs in what would have probably been a five-year legaldispute. In1977, Telecredit filed a patent infringement suit against TRW askingfor$6millionin damagesandaninjunction against further alleged use of its computerized credit card and checkauthorization machine ideas.

"Reminiscentofancientwarfare, legalarmieswere marshalledtothecause,"recallsRonKatz,whoatthat time was also the co-founder of Telecredit.

After two years of expensive pretrial discovery, KatzandotherparticipantsrequestedasummitmeetingwithTRW,andtheoutlineofafledglingmini-trial emerged and gradually hardened into a workable procedure. Only three months elapsed from the first mentionofthemini-trialtothefinalsignaturesonthe settlement document, saving at least $1 million in attorneyfees.

"The mini-trial restores managerial control over the legal process," says Katz. "Managers are not isolated from a critical case as the lawyers battle endlessly over fine legal points; instead, the executives are exposed to thestrengths and weaknesses of their sideofthe lawsuit.

"While themini-trialisnonbinding,itsoutcomeis to some degree coercive; there is a momentum that leads to resolution. The participating executives are influencedbyafullairingofthefactsandopinionsof the expert advisor. They often understand the complex legal issues better than if they were removed from the dispute and simply communicating with theirlegaladvocatesthroughthestagesoflitigation," adds Katz.

And the business executives themselves who attendedtheUCLAconference? Theircommentsinthe day'saftermathwereoptimisticaboutfutureapplications of the mini-trial; their view of the litigation alternativewasalsopredictable,echoingthewordsof Judge Learned Hand as he spoke to the Bar of New Yorkover50yearsago: "Asalitigant,Ishoulddreada lawsuitbeyondalmostanythingelseshortofsickness and death." D

TheFaculty

Benjamin Aaron is chairman of the UC statewide Academic Council for 1980-81, and is editor-in-chief of the quarterly journal Comparative Labor Law.

He attended the First Area Congress on Labor Law and Social Security in Manila, P. I., as observer for the U.S. Department of Labor, and his report on the congress is being distributed by the department.

Professor Aaron presented papers on "Grievance Arbitration and Duty of Fair Representation" to the ABA Committee on Labor Arbitration and the Law of Collective Bargaining Agreements in Coronado, Calif.; "The Problem of Unjust Dismissal, National Comparisons and New Developments" at an annual conference of the UCLA Institute of Industrial Relations; and "Personal Rights in the Work Place: Comparative Law" at an ABA National Institute. His article, "Ownership of Jobs: Observations on the American Experience" is being published as a chapter in a volume by the Institute of Industrial Relations.

Richard L. Abel edited a special issue of the Law & Society Review on contemporary issues in law and social science, and he contributed two articles to that issue. He also has published articles in Law & Policy Quarterly and Sociologie du Travail.

Professor Abel has delivered papers at numerous conferences, among them the Scandinavian-American Exchange on Conflict Management in Oslo and Stavern, Norway; the Conference on Legal Remedies in a Society of Large Scale Institutions, at the University of Wisconsin Law School; the Program in Jurisprudence and Social Policy at Boalt Hall; the European Conference on Critical Legal Studies in London; and the Conference on Critical Legal Scholarship at the University of Kent at Canterbury.

Norman Abrams is coauthoring, with U.S. District Judge Jack Weinstein and Professors John Mansfield and Margaret Berger, the seventh edition of Maguire, Weinstein, Chadbourn, and Mansfield, Evidence-Cases and Ma-

terials. He has recently completed with the same authors Evidence-Rules and Statute Supplement (Foundation Press, 1981}.

Professor Abrams is also nearing completion of an edition of his casebook, Federal Criminal Law Enforcement-Cases and Materials. His paper "The Liability of Corporate Officers for the Strict Liability Offenses of Their Corporations" is being published in the spring issue of the UCLA Law Review

Reginald Alleyne has been appointed by Los Angeles Mayor Tom Bradley to a seven-member "blue ribbon advisory committee" created to improve the city's civil service and labor relations systems.

AlisonG. Anderson made a presentation on "Recent Developments in Rule lOb-5" at the Practising Law Institute's twelfth Annual Institute on Securities Regulation in New York City.

Michael R. Asimow is coauthor of the multi-volume treatise with Bittker on Federal Income, Estate and Gift Taxation published last year. His forthcoming articles include "Rulemaking in Britain and America" and "When the Curtain Falls: Separation of Functions in Federal Administrative Agencies," in the Columbia Law Review.

He has lectured at the USC Tax Institute for the Employee Compensation Conference of the Beverly Hills Bar Association on "Section 83: A Tale of Four Restrictions."

Paul Boland has been appointed to the bench of the Superior Court.

This past year, Professor Boland coordinated the Mini-Trial Experimental Program sponsored by the Schools of Law and Management and the Center for Public Resources. He was a panelist for the UCLA Medicine and Society Forum in November on "Child Abuse and the Law" and for University Extension in May on "Management of Child Abuse and Neglect." He has served on the Los Angeles County Bar Association's committee to revise the

Constitutional Commission on Appellate Judicial Appointments.

Richard H. Borow has coauthored articles on "Closed Preliminary Hearings-The Constitutionality of Penal Code Section 868" in the California State BarJournal; "Discovery of LawyerClient Communications in Civil and Criminal Actions Under the Securities Laws," published in Foreign Corrupt Practices & InternalAccounting Controls by the New York Law Journal Press; and "The Internal Corporate Investigation" published by the Practising Law Institute.

He has lectured in Honolulu for the American Bar Association at a joint meeting of its sections on litigation and corporation, banking, and business law on the topic, "Some Aspects of the Evolving Role of Corporate Counsel in Securities Cases," and in San Francisco for the Practising Law Institute on internal corporate investigations.

Richard Delgado published "To Tell the Truth-Doctors' Duty to DiscloseMedicalMistakes" in UCLA Law Review, and short articles in Transaction/Society and Bulletin of Atomic Scientists.

He testified before the House Foreign Relations Committee and the state legislatures of New York and California on problems of church-state relations.

His essay, "Organic Rehabilitation and Criminal Punishment," appears in The Psychosurgery Debate: Scientific, Legal and Ethical Perspectives, edited by Elliot Valenstein.

Professor Delgado was the overall winner in the annual School of Law Turkey Trot, a 10, 000-meter run.

Jesse J. Dukeminier will publish with James E. Krier Property (Little, Brown} in early June, a casebook for use in first year courses.

He is also serving as advisor to the California Law Revision Commission on reform of California probate and property law.

Theodore Eisenberg is author of an article entitled "Bankruptcy Law in Perspective" forthcoming in the UCLA Law Review, and a book on civil rights legislation to be published this spring.

Charles Firestone is vice chairman of the ABASection on Science and Technology, Communications Committee. He argued the case Gottfried v FCC

before the D. C. Circuit of the U.S. Court of Appeals in November, questioning the FCC's policy regarding rights of the deaf in TV service. He edited "The Regulation and Deregulation of the New Video TechnologiesLegal Resource Manual," published this year by the UCLA Communications Law Program. He organized the 1981 Communications LawSymposium on that same topic.

Professor Firestone has spoken at numerous conferences on telecommunications policy, sponsored by such organizations as the National Radio Broadcasters Association and Common Cause. He has advised the League of Women Voters and the National League of Cities on matters of television practice and policy, and he testified before the FCC on behalf of the national ACLU regarding proposed deregulation of radio.

Firestone has received a grant from the California Council for the Humanities for a series of colloquia on "Privacy and Democracy in 1984." He is a board member of the new Corporation on Disabilities and Telecommunications, and a faculty member for the UC Telecommunications Task Group.

George P. Fletcher has written articles on "Manifest Criminality, Criminal Intent and the Metamorphosis of Lloyd Weimeb" and on "Two Modes of Legal Thought" for the Yale Law Journal. Other recent articles include "Punishment and Compensation," Creighton Law Review; "Reflections on Felony Murder,"Southwestern Law Review; and "The Case for Treason," Maryland Law Review.

DonaldG.Hagman published a new edition of his casebook, Public Planning and Control of Urban and Land Development (West) and a long article on "Land Development and Environmental Control in the California Supreme Court" 27 UCLA Law Review 859 (1980).

He is now working on a new edition of his California book on Public Control ofCalifornia Land Development. He has also become editor of Land Use and Environment Law Review, an anthology of the best law review articles. He is chairing the advisory council of theSouth Coast Air Quality Management District and a housing committee for the City ofSanta Monica. The California Chapter of the American Planning Association honored him

with an award for outstanding contribution to planning.

Edgar A.Jones, Jr., is president-elect of the National Academy of Arbitrators. He served last year as program chairman for the academy.

In progress is a text on Labor Disputes and the Law (West) and recently published was Decisional Thinking of Labor Arbitrators and Federal JudgesSelected Discussion Materials and Problems.

Professor Jones delivered the keynote paper at the annual meeting of the National Academy of Arbitrators, titled "The Decisional Thinking of Triers of Fact."

Kenneth L. Karst gave the ninth annual Notre Dame Civil Rights Lectures at Notre Dame LawSchool in October. They are published as "Equality and Community; Lessons from the Civil Rights Era" in 56 Notre Dame Lawyer 183 (1980).

William A.Klein is writing articles on theories of business organization, and he spoke to a seminar on regulatory authorities, corporate privacy, and the corporate attorney at Emory University's Law and Economics Center

He chaired a panel for the American Association of LawSchools' workshop on business associations in April.

James E.Krier published an article with RichardStewart on the economics of common law nuisance rules in environmental law, in the first issue of UCLA's new Journal of Environmental Law and Policy. In press is a chapter on legal aspects of ocean disposal of municipal waste, in a book being published by MIT.

Krier also is at work on a project on legal aspects of marketable air pollution rights in California. He and Jesse J. Dukeminier have published their coursebook on Property (Little, Brown).

LeonLetwin authored an article titled '"Unchaste Character'-Ideology and the California Rape Evidence Laws" 54Southern California Law Review 35 (1980).

In progress is a book of teaching materials on evidence.

Letwin recently "had the interesting experience of testifying as an expert witness in an English court in London on a point of California procedural law

that was relevant to the outcome of the English proceedings."

Wesley J. Liebeler prepared a chapter on the Bureau of Competition Antitrust Enforcement Activities in the book, TheFederal Trade CommissionSince 1970: Economic Regulation and Bureaucratic Behavior, edited by the Law & Economics Center. He participated in a conference with other authors and FTC officials in Washington, D. C., in April.

He served as assistant director of the Office of Policy Coordination in the Office of the President-elect.

Liebeler also participated in a conference on the Intellectual History of Law and Economics and he prepared the 1980 supplement to The Antitrust Advisor.

Gerald Lopez is the author of "Undocumented Mexican Migration: In Search of a Just Immigration Law" in 28 UCLA Law Review (1981).

He is currently at work on a project exploring emerging themes inSection 1983 litigation, and on a second project examining the underlying assumptions governing activities in the traditional, non-clinical classroom.

Professor Lopez has remained active in civil rights litigation. He was honored with the 1981 Rutter Award for Excellence in Teaching.

Daniel Lowenstein is writing an article on "CampaignSpending and Ballot Propositions." He serves as a member of the national governing board of Common Cause.

Henry W.McGee, Jr., lectured on. "Protection forSuspects in the Investigation of Crime" for the University of Iceland and the Icelandic Lawyers Association, and he also spoke to the PhilosophySociety of Reykjavik, the nation's capital, on "The Moral and Political Basis for the Exclusion of Unconstitutionally Obtained Evidence."

In Iceland he met with members of theSupreme Court and with law enforcement officials, and he wrote an article on Iceland's drug court which was printed in one of the major newspapers. He interviewed the country's new woman president, Vigdis Finnbogadottir.

This fall, Professor McGee will be a visiting professor of Law at the University of Madrid Faculty of Law, Institute of Criminology.

William M. McGovern is writing a hornbook on Wills, Trusts and Future Interests (West) and a casebook on the same subjects. He has written book reviews in 65 Minnesota Law Review 505-09 (1981) and 25 American Journal ofLegal History 75-77 (1981).

Professor McGovern moderated a Clark Library seminar on "Community Judgment and Freedom of Speech: The Role of Juries in 17th and 18th Century Trials for Libel and Slander."

Richard C. Maxwell delivered a paper on "Moral, Ethical and Values Education in the Law Schools" at the Danforth Conference in Keystone, Colorado. His article "The Due on Sale Clause: Restraints on Alienation and Adhesion Theory in California" is

being published in 28 UCLA Law Review (1981).

Professor Maxwell was elected to the national executive committee of the Order of the Coif.

DavidMellinkoff has written a new book, Legal Writing: Sense and Nonsense, being published in paperback by West and in hardcover by Charles Scribner's Sons.

CarrieMenkel-Meadow has received a National Science Foundation/ Law and Social Science grant for a two-year study of the allocation of resources in legal services.

She presented papers on "The Allocation of Legal Resources in a Non-Market Context" to the Western Political Science Association, the Law

and Society Association, and the Mid-western Political Science Association.

Menkel-Meadow chairs the American Association of Law Schools section on women in legal education, she was speaker and workshop leader at an AALS workshop on development of women in legal education, and she served as a panelist on tenure standards for the Society of American Law Teachers at the AALS annual meeting.

Professor Menkel-Meadow is a consultant for the American Bar Association's Lawyering Skills Institute and is on the boards of directors of the Western Center on Law and Poverty and the Society of American Law Teachers.

Herbert Morris is author of "A

Paternalistic Theory of Punishment," the 1980 Prize Essay of the American Philosophical Quarterly, to appear in the October, 1981, issue of the quarterly.

Melville B. Nimmer has published revisions of his treatise Nimmer on Copyright in June, 1980, and June, 1981. In progress is a treatise on freedom of speech.

He taught courses in comparative copyright law at the University of London, under the auspices of the University of San Diego summer abroad program, and on copyright law at the Louisiana State University Law School program for foreign lawyers.

Professor Nimmer was appointed by the Librarian of Congress to the Advisory Committee on Copyright Office Affairs, and he is a member of the ad-

visory board for the Intellectual Property Series, Sijthoff & Noordhoff Publishers, meeting in Amsterdam.

Monroe E. Price has become president of the Foundation for Community Service Television, an entity created under state law to promote the use of community service channels on cable television.

A second edition of Law and the American Indians is in the process of completion (coauthored by Robert Clinton at the Cornell Law School). An article by Professor Price on the future of Alaska Natives has been published by the UCLA Alaska Law Review.

Price formed and is president of the Jewish Television Network, an entity that is providing programming to various cable systems around the country.

He is writing an article on the relationship between the structure and regulation of cable television and entertainment alternatives.

This last year during a leave of absence, Price became counsel to Munger , Tolles and Rickershauser.

Price is on the advisory committee to the Coro program for Hispanic law students.

Michael D. Rappaport has been appointed to American Arbitration Association and Federal Mediation and Conciliation Service labor arbitration panels. He presented a paper entitled "Credibility in Discipline and Discharge Cases" to the annual meeting of the Industrial Relations Research Association and American Arbitration Association in Denver. A book review

is being published in the June issue of the American Arbitration Association Journal.

Rappaport presented a paper on placement patterns of minority graduates of the UCLA School of Law at the National Conference of Black Lawyers symposium on minority placement in Washington, D. C., and an article on minority placement issues is being published in the Spring, 1981, issue of Black Law Journal.

Gary T. Schwartz was an invited witness on products liability bills before the U. S. House of Representatives, Committee on Interstate and Foreign Commerce, Subcommittee on Consumer Protection. He was also an invited witness on hazardous waste liability bills during hearings before the Governor's Special Committee.

Murray L. Schwartz received the distinguished alumnus award from the University of Pennsylvania Law School.

Publications include "The Death and Regeneration of Ethics," 1980 American Bar Foundation Research Journal 953; "The Reorganization of the Legal Profession," 58 Texas Law Review 1269 (1980); "The Other Things That Courts Do," 28 UCLALawReview (1981, forthcoming); and "Richard C. Maxwell, Dean," 28 UCLA Law Review (1981, forthcoming).

Professor Schwartz is chairman of the planning committee of the Academic Senate, a member of the Academic Senate's coordinating council on academic programs and policy, and he was elected vice-chairman of the Academic Senate for 1981-82.

Stanley Siegel has written a research study on "Accounting and Inflation" which will be published soon. It will form part of a text on Accounting and Financial Disclosure to be completed within the next year and published by West.

Professor Siegel recently was appointed to the nine-member Board of Examiners of the American Institute of Certified Public Accountants. He also serves as a member of the Governing Board of Continuing Education of the Bar.

Last summer, he gave a series of lectures on corporate financial structure as part of the annual program of instruction for foreign lawyers conducted by Louisiana State University; he will again give the lectures in 1981.

John Varat has published "Variable Justiciability and the Duke Power Case," 58 Texas Law Review 273 (1980), and his article on "State Citizenship and Interstate Equality" will be published in the University of Chicago Law Review.

He is a member of the State Bar Federal Courts Committee, and continues as vice chair of the Los Angeles County Bar's Public Interest Law Committee and Amicus Briefs Committee.

William D. Warren completed work on Cases and Materials on DebtorCreditor Law, second Edition, Foundation Press (with Hogan) being published in May, 1981.

He was appointed by Governor Brown to chair the Retail Credit Advisory Committee, and he completed terms as chairman of the Consumer Advisory Council of the Board of Gov-

ernors of the Federal Reserve System and chairman of the Special Committee on Clinical Legal Education of the Association of American Law Schools.

William J. Winslade is co-principal investigator for an empirical study on legal and ethical issues in informed consent in psychiatric research, funded by the Foundations' Fund for Research in Psychiatry. He also has received grants as co-principal investigator from the National Endowment for the Humanities to study undergraduate curriculum development in humanities, law and medicine; and from the Josiah Macy Foundation and NEH to research and evaluate curriculum in the teaching of ethics in medical schools.

His publications include "Teaching Forensic Psychiatry" in Teaching Psychiatry and Behavioral Sciences (J. Yager, ed.); "Ethics" in Psychiatric Research in Practice (E. Serafetinides, ed.); "Ethics and Ethos in Psychiatry" in Law and Ethics in the Practice of Psychiatry (C. Hofling, ed.); and Clinical Ethics with A. Jansen and M. Siegler.

Stephen Yeazell was a lecturer for the Ninth Circuit Judges' Workshop and will be a participant in the legal history workshop at the University of Wisconsin this summer.

He is the author of "From Group Litigation to Class Action Part II: Interest, Class and Representation" in 27 UCLA Law Review 1067 (1980. In progress is an essay on legal convention for New Literary History.

JudgeBillyG.Mills

IsElectedPresident OfAlumniAssociation

Judge Billy G. Mills of the Los Angeles Superior Court was elected president of the board of directors of the Law Alumni Association at the December 15, 1980, meeting. He succeeds Charles R. English, whose term ended December 31, 1980.

Three new members of the board have been elected to a three-year term. They are Don Mike Anthony '63, Ed Landry '64, and Kathryne Stoltz '73. Kenneth I. Clayman '66 and William Vaughn '55, who last year were elected to a one-year term to fill vacancies left by the resignation of two board members, were elected to a three-year term.

Continuing members of the board are Kenneth Drexler '69, Hiroshi Fujisaki '62, Michael Gering '71, David Glickman '57, Sharon Green '68, David Horowitz '66, Fred Leydorf '58, George McCambridge '73 and Marjorie Scott Steinberg '75.

Officers elected at the December 15, 1980, meeting are Billy G. Mills, president; Fred Leydorf, vice president; Marjorie S. Steinberg, secretary; and Kenneth I. Clayman, treasurer.

SaveThisDate:Sept.26

All members of the School of Law family are invited to an Alumni Day on Sept. 26 with activities starting at 1:30 p.m.

Details will be announced in a later mailing to all alumni. The preliminary plans include seminars during the afternoon to interest both law alumni and spouses, followed by a cocktail hour and Santa Maria barbecue.

Look for more information in the mail, or phone Bea Cameron at (213) 825-7049.

FrancesMcQuadeIs NamedAssistantDean ForAdministration

Frances McQuade, who has been involved at every stage of the School of Law's founding and growth during three decades, has been appointed to the new position of Assistant Dean, Administration.

Dean William D. Warren, in announcing Assistant Dean McQuade's advancement, noted that she has earned recognition throughout the law school community for her dedicated service in all facets of the school's administration.

The title of Assistant Dean, Administration recognizes her broad responsibilities in the areas of administration of academic personnel matters and all support activities of the school, including budget, staffing, scheduling, and general management of physical facilities.

McQuade was the first staff member of the School of Law to be appointed by Dean L. Dale Coffman when the school was founded in 1949. Since the time of Dean Richard Maxwell, her position has been assistant to the dean. She also serves as secretary to the faculty, keeping all faculty records and promulgating official rules enacted by the faculty

A native New Yorker and graduate of Manhattanville College, McQuade also has had the experience of being a law student. Her legal studies, she says, "gave me the ability to understand the law school experience."

Assistant Dean McQuade makes this observation on her role in the UCLA School of Law: "It has been fascinating to be involved in the founding and growth of a major law school attached to a prestigious university. I am enjoying every moment of it. It has never been monotonous. Each year brings growth and new experiences."

SidneyR.Shiffman FundEstablished ForScholarship

Establishment of the Sidney R. Shiffman Memorial Scholarship Fund has been announced by the UCLA School of Law. Each year a deserving law school student will receive a $1,000.00 grant from the fund to assist with his or her education.

Sidney R. Shiffman '56 conducted a general law practice in Los Angeles, Beverly Hills, and Encino before he passed away.

Born in 1926 in Winnipeg, Canada, Shiffman received his M.A. degree from the University of Manitoba, Canada, and his J.D. degree from UCLA in 1956.

Irvin Shiffman, his brother, was instrumental in establishing the fund, which will continue in perpetuity. Contributions to the memorial fund should be sent to Karen Stone, UCLA School of Law, 405 Hilgard Ave., Los Angeles, CA 90024. Please make checks payable to UCLA Foundation-Law.

Jesse Gest Memorial Provides Scholarship

A memorial scholarship has been establishedinhonorof the late Jesse Gest, the father ofsecond-yearlaw student Barbara Gest.

The scholarship fund was established with a $5,000 contributionfrom John Morris, who is abusinessstudent at USC and the fiance of Barbara Gest.

The scholarship will be used over a three-year periodfor financial aid to first-year law students.

ABA Team Visits

A regular visit to the School of Law was made by an American Bar Association Reinspection Team on March 25-27. The team's report on the school will be received later this year.

Law school reinspections occur every seven years.

Boland Is Appointed To Superior Court

Paul Boland has been appointed by Governor Brown to the benchof the Superior Court for Los Angeles County. Judge Boland, who took his oath on April 24, leaves the position of Associate Dean, Clinical Programs at the School of Law.

Boland came to the School of Law in 1970 at the beginning of the clinical program, and with others he built what is now viewed as the largest clinical education program in the nation.

"Ithas been a challenging, exciting, and satisfying opportunity to have participatedin the development of the clinical program," Boland said, "and to have been able to work with colleagues like David Binder, Paul Bergman, and Carrie Menkel-Meadow.

"I will miss the opportunity to teach and supervise the casework of students interested in learning and practicing trial skills," he said.

Boland was a staff attorney at the Western Center on Law and Poverty before coming to UCLA in 1970. Since that time, he taught courses in interviewing, counseling, drafting, and trial skills. In the clinical program, he supervised court appearances by students in literally hundreds of cases in municipal and superior courts.

During the first half of 1979, Boland spent his sabbatical leave with the Superior Court for LosAngeles County, where he was a judge pro tern and also specialcounsel to the presiding judge, working on a series of court reform projects.

Reunion Plans Set

Class of '56

November 7, 1981 is the date selected by the Class of '56 to celebrate the 25th anniversary of their graduation. There will be a dinner-dance atthe Beverly Wilshire Hotel.

Class of '71

The Class of '71 willgatheratthe James E. West Center on the UCLA campus on Saturday, September 12, 1981.

Classes of '61 and '76

Reunions for the classes of '61and '76 are in the planning stages but no definite date has been set yet.

Forfurtherinformation regarding forthcoming class reunions, please call Bea Cameron at (213) 825-7049.

Colleagues, Friends Gather in Memory Of Addison Mueller

Addison Mueller, 73, UCLA emeritus professor of law, died on April 7 after an extended illness. Numerousassociates, colleagues, and friends filled the UCLA Faculty Center on April 20 for a memorial gathering.

The universal regard for Mueller in the law profession and throughout academiawasevident in the eulogies deliveredbyChancellor Charles E. Young, Professor Boris Bittker of Yale, Deans Richard C. Maxwell and Murray L. Schwartz of the UCLA School of Law, ProfessorArthurRosett of the law school, and Professor John S. Galbraith of the history department. President David Saxon also prepared a eulogy for the memorial gathering.

A memorial fund for Addison Mueller has been established; contributions should be made payable to UCLA Foundation-Law and sent to Karen Stone at the School of Law.

A former chairman of the University of California's Academic Council and Assembly, Professor Mueller was an authorityoncontract law and had served as managing editor of Selected Readings in Copyright Law.

He taught at the School of Law from 1958 until his retirement in 1975. He was the author, with Arthur Rosett, of the casebook on Contract Law and Its Application. Earlier, he wrote Contract in Context.

He was a graduate of Yale Law School, and taught there before coming to UCLA in 1958. He chaired the University's Academic Assembly during thedifficultperiodof student unrest in the early 1970s.

Classnotes

Charlotte Ashmun '79 has joined the state Attorney General's office in Los Angeles.

Patricia Anderson'76 isspecializingin TitleVII litigation as an attorney with the Southern California Edison Co.

Michael D. Abzug '74 has left the federal Public Defender's office in Los Angeles to begin a practice in Beverly Hillsspecializingin criminal and civil litigation.

Barry L. Adamson '75 has become associated with the Portland, Oregon, firm of Williams, Stark, Hiefield & Norville,where he specializes in appellate practice, municipallaw, and litigation in realestate and business.

W. Jonathan Airey '73 is apartner in the Columbus,Ohio, office of the law firmof Vorys, Sater, Seymour & Pease, wherehe specializes in energy law with emphasis on oil and gas development and federal regulatory matters. He is the vice chairman of the Ohio Bar Association Natural Resources Committee.

Lynne R. Alfasso '78 is doing general practice work with Ghitterman, Schweitzer andAssociates in Ventura. This semester, she is alsoteachingfamily lawat Ventura College of Law. She recently helped found the Women LawyersAssociationofVenturaCounty.

Donald R. Allen '67 of Duncan,Allen & Mitchellof Washington,D.C.,chaired a Practising Law Institute Program on "Legal Aspects of Doing Business with Black Africa" in New York City on January22-23,1981.His firm has offices in Ivory Coast, Kenya, and Zaire.

Stewart A. Baker '76 has returned to international trade practice at Steptoe & Johnson in Washington, D.C., after a tour of government duty as special assistant to Secretary of Education Shirley Hufstedler and also as Deputy General Counsel for the Education Department.

Edward Barker '70 and Robert P. Long '69 have formeda law partnership specializing in personal injury and medical malpractice.

Richard M. Brown '67 has joined Golden West Broadcasters as its new vice presidentandgeneralcounsel. KTLA, KMPC,and the California Angels are three of the divisions of Golden West.

Bill Brunsten '74 has joined the firm of Manatt,Phelps,Rothenberg & Tunney.

Ernest P. Burger '72 has joined the Los Angeles office of Bryan,Cave, McPheeters & McRoberts.He was formerly associated with Willis, Butler, Scheifly, Leydorf & Grant.

Bradley A. Coates '76 is the managing partner in the Honolululaw firm of Rohlfing, Smith & Coates.The firm specializesinbusiness,commercial, and real property law.Recently Coates managed the successful political campaign of senior partner Fred Rohlfing for the Hawaii State House of Representatives.

John Marshall Collins '72 is presidentelect of the SantaClara County Bar Association and recently managed wife Zoe Lofgren's successful campaign for county supervisorin Santa Clara County

Michael A. K. Dan '69 for a number of years has been a partnerin the law firm of Butler, Jefferson & Dan, representingplaintiffsinpersonalinjury litigation with a specialization in medicalpharmaceutical litigation and aircraft mass disaster litigation.

GinaHelenDespres'74,formerlydirector ofInternational Energy Policy and acting director of Finance and Tax Policy at the Department of Energyin Washington,D.C., is now legislative assistant for energy and tax to Senator Bill Bradley (D.-N.J.).

John D. Diemer '80 has become associated with the Century City firm of

Silverberg, Rosen, Leon & Behr.

R. Stephen Doan '74 of Adams, Duque & Hazeltine willmoderate a Southern California panel on Tax-deferred Real Estate Exchanges for CEBin the spring.

Allen H. Fleishman '71 has just completed a novel, Confessions ofa Public Defender, and is represented by the Lynn Roberts Agency of BeverlyHills. He is currently self-employed in San Jose, where he handles a general practice with an emphasis on psychiatric medical malpractice. He spent six years in the Public Defender's Office in Los Angeles and San Jose after working as a Vista Lawyer in the Blue Ridge Mountains of Virginia.

Bruce Gilbert '77 hasjoined the Inglewood City Attorney's office as a deputy city attorney doing criminal prosecution.

Yolanda Gomez '79 has joinedthe federal Public Defender's office in Los Angeles.

Miles Z. Gordon '72 has been elected president of University Securities Corp.headquartered in Long Beach.He joined the firm in1978 as vice president and general counsel, after a year in private practice with a LosAngeles law firm specializing in securities and five years as branch chief with the Securities and Exchange Commission.

Stanley M. Gordon '71 was recently designated vice president-general counsel for the residential group of companies of Coldwell Banker.This position includes responsibilities for residential brokerage companies, ancillary services and insurance brokerage companies throughout the United States.

Richard D. Harroch '77 has joined the San Francisco firm of Morrison & Foerster.

L. Christian Hauck '65 is now vice president-law of Florida Power and Light Company in Miami, and in December, 1980, was admitted to practice law in the State of New York.

JoeW.Hilberman'73hasbecomeapartner at Shield & Smith in Los Angeles.

David Horowitz '66 has been elevated from the Los Angeles Municipal Court to the Los Angeles Superior Court.

Attorney Warren Christopher of O'Melveny & Meyers describedhisroleinnegotiatingthereleaseofAmerican hostages in Iran whenhe spoke to a breakfast meeting

Alex Johnson '78 is currently an associate professor of law at the University of Minnesota, specializing in property, modern real estate, and sports law Prior to his appointment in July, 1980, he was associated with Latham & Watkins in Los Angeles.

Sandra S. Kass '75 has joined the Century City furn of Mazirow, Schneider, Forer and Lawrence.

James L. Keane '71 has commenced association with the furn of Simke, Chodos & Silberfeld, Inc. The furn specializes in litigation concerning business, real estate and commercial matters, domestic relations, personal injury, product liability, hazardous substances, professional malpractice, and criminal law.

James L. Kelly '62 is president, secretary and director of Dominion Equities

ofthe School ofLaw's Chadbourn Fellows and the Chancellor's Associates.

Corporation with offices in Newport Beach.

Kenneth A. Kramarz '78 announces his departure for an extended stay in Tokyo, Japan, on behalf of the law firm of Gendel, Raskoff, Shapiro & Quittner. The purpose of this move is to expand the fi.rm's international practice.

DavidLafaille '66 formed Charter Pacific Bank (in organization) which was scheduled to open April 15, 1981, in Agoura. He is serving as chairman of the board. He is also founding partner of Lafaille, Chaleff and English, specializing in criminal law and practicing in Santa Monica.

Dudley M. Lang '62 has become a senior partner with the Los Angeles office of Bryan, Cave, McPheeters & McRoberts. He was formerly a partner in the firm of Willis, Butler, Scheifly, Leydorf & Grant.

David Larsen '74 has become a partner in the firm of Cades Schutte Fleming & Wright. Random House will shortly publish his book, Who Gets It When You Go, on wills, intestacy, probate, and estate taxes for the layman.

Lydia Levin '79 has joined the firm of Roark & Woodruff in Santa Ana.

Jeffrey D. Masters '80 has become associated with the law firm of Cox, Castle & Nicholson.

Paul Marcus '71 professor of law at the University of Illinois, has just returned from sabbatical leave in England and Germany. His casebook on criminal procedure was published in the spring.

Ronald E. Matonak '71, who was a sole practitioner in Ventura since 1973, recently sold his practice to run scuba diving charter tours and make adventure documentary films in Mexico and

CentralAmerica.

Rebecca B. Mocciaro '79 has become an associate with the Century City furn of Cox,Castle & Nicholson, specializing in litigation.

JanetMuir '75 has been manager for corporate planning at The New Yorker magazine for nearly two years. She received a master's degree from the Yale School of Organization and Management in1979.

Gay Lynne Natho '76 is associated withthe law offices of William C. Kuhs in Bakersfield.

Alec G. Nedelman '80 marriedPamela Johnston,former Records Office staffer. He iscurrently with the Century City firmof Finley, Kumble, Wagner, Heine, Underberg & Manley.

Margaret Oppel '78 is in the Los Angeles office of the Atlantic Ricl\field Co. working on legislation affecting the oil industry.

Paul B.Pressman '58 was appointed vice president, legal affairs of the Coloradodivision of the Mission ViejoCompany.

Jonathan M. Purver '64 was a faculty member of the American Bar Association National Instituteon Appellate Advocacy,April23-25 in San Francisco. Purver, who has law offices in San Francisco and Marin County, coauthored Handling CriminalAppeals (LCP-1980) with Lawrence Taylor.

Gloria Roa '76 hasopenedher own practice in Miami, Florida. She specializes inimmigrationlaw and visa procedures.

James C. Romo '76 announces the merger of the firm of Atkinson, Andelson, Ruud & Romowith Loya & Associates. The firm willoperateunder the new name of Atkinson,Andelson, Loya, Ruud & Romo.The firm will continueto limit itspractice torepresentingmanagementinprivateand public sector labor relations.

Is Your Name Missing? Here's a Remedy

IfyournameismissingintheClassnotes,here'syourchancetoremedythesituation. YourclassmateswillenjoyseeingyournameinthenextissueofUCLALaw.Pleasetake amomentnowtoprovideinformationforyourClassnote.

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Leslie Steven Rothenberg '68 has been appointed adjunct assistant professor of medicine at the UCLA School of Medicine. He is serving as cochairman of the Joint Ad Hoc Committee on Biomedical Ethics of the Los Angeles County Medical Association and the Los Angeles County Bar Association. His practice in Century City is devoted to consulting with physicians, hospitals, and patients and their families on issues of biomedical ethics.

Kay Rustand '78 has joined the San Francisco firm of Titchell, Maltzman, Mark, Bass & Ohleyer.

John A. Seethoff '80 has joined the firm of Lucas, Glase & Chicoine in Bellevue, Washington.

Joseph L. Shalant '66 has justrecently obtained the biggest tort recovery on record in El Paso, Texas, when he settled a personal injury case. He has also just filed a $60 million classaction against MGM and Kirk Kekorian on behalf of all bondholders.

David Simon '75 has been named directorof governmentrelationsand protocolfor the Los Angeles Olympic Organizing Committee.

Davis D.Thompson '76 and Donald J. Palazzo '77 are nowmembersofthe law firm of Eick & Thompson,Inc. with offices in Los Angeles. The firm will center its practice on general taxand business planning, with emphasis on packaging and evaluating tax shelter programs, particularly in the oil and gas and hard rock mining areas.

Mark Treadwell '74 is practicing general civil litigation as a partner of Hutchinson & Treadwell.

JamesR.Tucker '72 has resigned his post as legislative advocate of the Southern California ACLU to serve as consultant to the Assembly Elections and Reapportionment Committee.

NECROLOGY

John Lawrence Klein '77 of the Los Angeles Bar, in March, 1981.

Sidney R. Shiffman '56 of the Los Angeles and Beverly Hills Bars,in February,1981.

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