FRONT COVER: The law school patio has been revitalized with new landscaping and seating. Redwoods werepreserved during construction of the new addition, which is seen in part in the photo above.
UCLA LHw is published al UCLA for alumni. friends, and other members of The UCLA School of Law community. Issued three times a year. Offices al 405 Hilgard Avenue, Los Ang I s 90024. "Postmaster: Send address changes to Alumni Office, School of Law. 405 Hiloard, Lo Angeles 90024."
Charles E. Young I Chancellor
Susan Westerberg Prager / Dean
MichaelT. McManus / Assistant Vice Chancellor, Public Communications
Joan Tyndall / Director of Development andAlumni Relations
Ted Hulbert Editor
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Richard Abel: Prolific Critic
ichard Abel is critical of lawyers. Since he is a lawyer, his criticism of the legal profession might seem to place him at odds among his peers. In reality, however, it has proven to be an invaluable asset in his work.
In American Lawyers, a 400-page monograph published last year by Oxford University Press, Professor Abel offers a disturbing portrait of law and lawyers in the United States.
"All law is inescapably two-faced," Abel observes. "It reproduces and justifies existing inequalities and injustices; yet it also embodies ideals and offers mechanisms through which they can be pursued. Lawyers display the same moral ambiguity. The legal profession has constructed and defended an elaborate constellation of economic, social, and political privileges. It propounds an ideology that allows lawyers to escape difficult moral choices by invoking their technical expertise. Most lawyers persist in seeing their daily work as morally neutral and apolitical. Yet many are attracted to the profession precisely because they embrace law as a 'transformative vocation.' A few remain committed to that ideal throughout their legal careers."
Those words from American Lawyers make it clear how Abel the scholar distances himself from his sub-
ject. But at the same time, he is a part of that subject. "As a law teacher, I enjoy the privilege of critical distance from the pressing ethical dilemmas of the practicing lawyer and the complex politics of the organized bar," says Abel. "Yet, because I have spent the past nineteen years producing lawyers and will probably continue to do so for the rest of my working life, I am just as deeply implicated in the profession's problems and failings as any practitioner."
Implicit in Abel's criticism of the legal profession are the great expectations he places on others as well as on himself. "If I criticize the American legal profession," he writes, "it is only because I measure lawyers against their own impossibly high aspirations, which inhere in the very idea of law."
One reflection of Abel's demanding standards is the sheer volume of his own scholarly work. In the past two years alone, he has published five books: American Lawyers; a similar monograph on The Legal Profession in England and Wales; and a three-volume series, Lawyers in Society (in collaboration with Philip Lewis of Oxford) which analyzes the legal profession in eighteen nations.
His scholarly writing's·bulk is matched by its quality. A review by Erwin Chemerinsky characterized Lawyers in Society as "breathtaking in its scope and brilliant in its coverage."
One secret to his success in achieving a prolific output is Abel's schedule. Every morning, virtually seven days a week, he writes between the hours of 8 and 11. The rest of his time is devoted to teaching and editing. The last function is a considerable one, since Abel serves on editorial boards of numerous journals.
He sometimes thinks of his scholarship as a form of pro bono activity, in the sense that it is directed toward improving the legal profession. The activist conscience which runs throughout his work reveals his own intellectual roots.
Abel recalls that it was "the idealism of lawyers that originally attracted me" to the legal profession. "I have a vivid childhood memory of seeing Inherit the Wind, a play based on the Scopes trial, and passionately identifying with Clarence Darrow. I came of age during the Civil Rights movement, awed by the courage of blacks who risked humiliation, jail, beatings, and even death to assert their right to equality. I went to law school in 1962, expecting to become a civil rights lawyer."
After graduating from Columbia Law School, Abel worked for the Lawyers' Committee for Civil Rights Under Law in Mississippi. At the same time, he developed a strong interest in African law and legal anthropology, and he spent a year in Kenya studying the ways in which primary courts staffed by and serving the African population had preserved indigenous notions of law and procedure within European institutions.
Abel's developing interests led clearly toward a career as an academic lawyer, and he began teaching at Yale in 1969. But he kept his interest active in legal aid by working as a lawyer with New Haven Legal Assistance Association in the early 1970s.
Then, after a visit to California and with three children under the age of six, the Abel family decided they wanted to live on the West Coast. In 1974, Abel joined the UCLA School of Law faculty to teach torts, the legal profession, and seminars in those fields. "I am extremely happy at UCLA," he commented recently. "The law school's most outstanding qualities are its commitment to diversity-diversity of gender and race, obviously-but also of political orientation and intellectual perspective."
Among his publications over the past 16 years are two volumes of essays on The Politics ofInformal Justice. Professor Abel has been editor of African Law Studies and of the Law & Society Review. He participated in the founding of the Conference on Critical Legal Studies in 1977 and has been active in it ever since.
Strands from his earlier pursuits have re-emerged recently. With a family of small children when he
moved West, Abel had put his interest in African studies behind him. Now, as the youngest Abel enters college and new possibilities unfold for Africa, the early interest hasbeen revived. "I am deeply involved in a project on South Africa," he explains. "My next major project will focus on the role of law in the struggle against apartheid, and I hope to go back to South Africa this summer to do some of the research. I am trying to understand the ways in which law seems to constrain the power of the state. The question is, 'Are there any limits on what the state can do?' The answer is that the law seems to place some limits on the state. In this research, which eventually will become a book, I am raising theoretical issues in the context of South Africa." Abel has just received a substantial grant from the National Science Foundation to support this research.
With his own interest deeply imbedded in social theory,Abel enjoys nurturing similar interests among his students. In the course on the legal profession which Abel teaches from a sociological perspective, he asks students to write a research paper on topics of their choosing. "Their papers are very imaginative," Abel reports. "This year, one student who had been a professor of archeology wrote a paper comparing the layout of Beersheba in the Second Millennium with the floor plans of downtown Los Angeles law firms, finding connections between the physical layouts and the social structures of the two institutions."
Students who don't always agree with Abel's own approach to the course material do agree that he is a fascinating teacher. "His analysis is illuminating and provides tools for analyzing other legal material," said a torts student. His strength, said a second student, is "bringing out alternatives to the mainstream ideasmaking students think, not just accept!"
Faculty colleague Joel Handler notes that while Abel's work as "one of the foremost scholars in sociolegal studies is extremely well-known, equally significant has been his success in challenging scholars to examine their traditional paradigms and explore new avenues of research and ideas."
Professor Robert Goldstein adds that Abel's reputation is well-deserved as "one of the leading and most prolific scholars studying the legal profession," and at the same time Abel is "a leader in the law and society movement." On top of all that, says Goldstein, the reviews of Abel's recent books have been "magisterial."
Abel's course on the legal profession focuses on the social organization of the profession and the distribution of legal services, which raises such issues as how legal services could be more fairly distributed and how the profession could increase legal practice in
the public interest.
Abel hasseenstudentattitudesvary from decadeto decade on these issues,and he explains the changing outlooks from a deterministic perspective. "I began teachingin 1969 atthepeak ofthestudentmovement, which I experienced in its full force. It was a student culture that believed there were no horizons. You didn'thave to be afraid ofmakingthe wrong decision, because the world would always be open to you. Then we went through a longperiod where students wereterrified; ifthey didn'tdotherightthingatevery moment,they would loseoutforever. Nowthatfeeling may be relaxed somewhat."
His determinist analysis is that thesechangingattitudes among law students have coincided with economic cycles within the profession. The late 1960s wasatimeofgreatlyexpandingdemandforlawyers; a decade later, with more and more lawyers being produced, graduatestended tobefearfulofthemarket. In recentyears,assalarieshave been increasing,law studentsagain have asenseofbeingableto do whatthey want. Another important factor, notes Abel, is the dramaticincreasein numbersof womenlawyers who are somewhat less susceptible to the pressures of careerism.
Abel's new book, American Lawyers, documents the profession's transformation over the last two decades. (His companion book, The Legal Profession in England and Wales, reveals that Britain's legal community is now undergoing profound transformations.) Major trends in the U.S. have been the growth of mammoth firms which now resemble their corporate clients in terms of structure, and efforts by lawyers to increase access to justice while simultaneously stimulating demand for their services.
With nearly 800,000 members, the U.S. legal profession represents more power and wealth than its counterpartsinanyothernation. Ithasalsobecome a model for legal professions in many other countries. But the profession didn't reach its favored position without a history of setbacks and reversals-which explains why "American lawyers are still struggling to reconcile the tension between their search for professional identity and their pursuit of economic success," writes Abel. The status anxiety is deep-seated and enduring, and American lawyers "appear deeply insecure about their entitlement to the extraordinary wealth and power they enjoy today."
Whiletherehasbeeninequalitywithintheranksof American lawyers since colonial days,the profession has become increasingly stratified throughout the twentieth century. Further, Abel finds persistent discrimination against racial minorities who remain concentrated in government employment and legal
services. "If American lawyers today are less divided by geography and federalism than they were 100 or even 50yearsago,they aremoredividedbystratification,heterogeneity of background, and differentiation of practice environment," observes Abel.
His study does not indicate that law schools alone are capable of shaping significant change in the profession, since they cannot even effectively immerse students in a total environment during the years of legaleducation. "Lawschoolsarepermeatedbyexternal pressures,most notably the bar examination and the job market."
Nor does Abel believe the profession will easily improveitscollectivepublicimage-let alone define a single image. "A profession that contains such diversity-large firm corporate lawyers, selfpromotingpersonal injury lawyers, solepractitioners relying on court appointments to defend indigent criminals, house counsel, salaried legal aid lawyers, federal cabinetmembersandlocalgovernmentclerks, Supreme Court justices and municipal judges, and law professors-cannot have a collective status. Despite this (or perhaps because of it) the legal profession has been obsessed with its public image. But the highly visible activities through which lawyers hope to bolster professional status, such as moral campaigns against ethical misconduct or pro bono representation in major cases, are likely to do little more than enhance the image of elite private practitioners at the expense of other lawyers. These activities cannot overcome the fundamental sources of popular discontent: unequal access to legal services, excessivetechnicality,and themoral ambiguityofthe lawyer's role as hired gun for often unattractive clients or practices."
Toward solving some of these problems, Abel proposes that legal education should be open to all who are interested, and that employers as well as law schools must adopt affirmative action programs. Legal protectionoftheprofessional monopoly should be narrowed greatly, if not eliminated altogether, while lawyers should be free to practice across state boundaries. Lawyers' self-interestin creatingdemand should be harnessed to the task of increasing the quantity and quality of legal services while reducing their price.
"Lawyers constantly bemoan the fact that they are misunderstood and undervalued," writes Abel. "But they will never increase public respect through conspicuous acts of altruism or sporadic crackdowns on ambulance chasing. People are not fools; lawyers must change who they are and what they do if they want to change how they are perceived."
In American Lawyers, Abel concludes that "only if
lawyers are prepared to make fundamental changes will they be entitled to claim, with Roscoe Pound, that the legal profession is 'a group pursuing a learned art as a common calling in the spirit of public service.'"
A century ago, Abel notes in American Lawyers, no one would have predicted the expansion of the legal profession to its present status in the U.S. In the three volumes and nearly 1500 pages of Lawyers and Society, Abel and his co-editor Philip Lewis give an encyclopedic survey of legal professions in eighteen nations. Entirely outside the range of that study, however, were the Eastern Bloc nations where overwhelming political and social changes have occurred this year
Given the nature of those changes, what would Abel predict for the future of lawyers on an international scale? "To the extent that capitalism spreads throughout Eastern Europe, the demand for lawyers will increase," he responds. "Capitalism requires many more lawyers. There will be a shift of resources from the public sector to the private sector. And so, I would imagine a dramatic expansion of the legal profession. American law firms have begun already to set up branches in Budapest, Prague, and Moscow of course. I do believe the basic social structures and
cultures of the legal professions in these nations-the ways in which lawyers are used or not used, the behavior of lawyers themselves-will remain very distinctive."
The breakdown of the Iron Curtain can only accelerate the rate at which the U.S. economy is becoming linked to the economies of other nations, and herein Abel sees the prospect of international law firms.
"I can imagine a merger between an American law firm and an English law firm, if their rules of ethics were relaxed to allow that to happen. As communication speeds up, these barriers mean very little. Certainly it's happening in Europe, where in 1992 we will see firms with offices in all capitals," Abelnotes.
The sale of equity in large firms is another possibility which Abel ventures will occur within the decade ahead. "As firms become multi-national and capital requirements increase, there will be a real advantage in raising capital by selling equity outside the firm," which obviously would require a change in the rules of professional conduct.
The concept of multi-national law firms owned at least in part by non-lawyers may seem unthinkable. To an earlier generation, predicting the incredible distance which the American legal profession has travelled would have been just as unthinkable.
Darling Foundation Pledges $5 Millionto Law Library
he Hugh and Hazel Darling Foundation has pledged $5 million for renovation and new construction of law library facilities at the UCLA School of Law. The Regents of the University accepted the gift at a recent meeting and designated thatthelibrarybe named theHughandHazel Darling Law Library to honor the Darlings.
An addition is planned for the southeast corner of the law building and will double the stack space of the library. With nearly 400,000 books, 167,000 microfiche,and growing collectionsin EastAsianand Mexican law, the library is expanding at the rate of 11,000 volumes a year
Or, as Law Librarian Myra K. Saunders said recently, "We are full." The present library's severe space problems are reflected in the fact that books often are piled on floors since no shelving space is available. The library stacks, noted Saunders, have been overcrowded for more than a decade. Law students often cannot find space to work in the library.
The addition,pendingfinal approvalsand environmentalreview, will remedy those problemsby providing new legal research facilities for UCLA's law students and faculty, while also providing an important resource for the entire region. An integral part of the project will be a computer-equipped Legal Research
and Learning Center.
TheHugh andHazel Darling Foundation was established to advance education in California, with particular emphasis on support of legal education programs calculated to impart a better understanding and appreciation of the legal system.
Hugh Darling had a close connection to the UCLA School of Law during its formative years. He enjoyed taking time from his busy law practice to serve as a guest lecturer in law classes at UCLA during the 1950sandearly1960s,andhe also servedastheattorney advisor to the school's Moot Court teams.
Charles E. Rickershauser Jr. '57 remembers the day, during his third year of law school, when Hugh Darling lectured on the legal profession. "He was the physical embodiment of the downtown successful lawyer-without any of the negative implications of success," says Rickershauser. "Hugh Darling was impressive without being pompous."
Otheralumni remember vividly visits theymade as studentsto Darling'slawfirm. While hosting students in his office,Hugh Darling often emphasized a major interest of his: the accurate and concise use of the English language in legal writing.
Hugh W. Darling was a nationally-recognized expert onairline regulation andhis58 yearsinactive practice of law spanned the modern history of the
Hugh W. Darling California Bar.
Born in Tacoma, Wash., he attended the University of California in Berkeley from 1919 to 1922, earning his law degree from the University of Southern California in 1927.
Following admission to the California Bar in 1928, Hugh Darling became associated in practice with Stanley W. Guthrie, a third generationCalifornia lawyer. Together they formed the law firm of Guthrie & Darling. Following World War II, Hugh Darling was
joined in practice by his law school classmate, Edward S. Shattuck, in what became the law firm of Guthrie, Darling & Shattuck, predecessor to the present Los Angeles firm of Darling, Hall & Rae.
He spent a major portion of his early years in practice in Washington, D.C., representing Western Air Lines in the development of the federally-controlled rates androutesstructure. Duringone brief, but memorable period, he and his partner Stan Guthrie found themselvesaslessorsof a fleetof planes-runningan airline out of their law office, including the sale of tickets!
His belief in serving the legal profession and his community tookmanyforms. HughDarlingwaspresident of Chancery Club, an honorary legal society, in 1957-58. He served as president of the Los Angeles County Bar Association in 1959-60 and was a member of the State Bar Board of Governors from 196568. He became mayor of Beverly Hills in 1960 after serving on the Beverly HillsCity Council.
Hugh Darling believed in heroes. His personal hero was Winston Churchill. He held strong religious beliefs and often commented on the many valuable lessons learned from a lifelong study of the Bible.
Hazel Darling was part ofa family deeply involved in the California oil business since the turn of the century. Her great uncle founded what is now the Berry PetroleumCompany, of which Mrs. Darling was a principal shareholder Married in 1937, Hugh and Hazel Darlingresided throughout theirmarried life in Beverly Hills.
Mrs. Darling created a trust in memory of her husband, who predeceased her in 1986. At her death the following year, the trust became the Hugh and Hazel Darling Foundation.
RichardL. Stack, trustee of the foundation, wrote in a letter addressed to Chancellor Charles E. Young, "The Darling Foundation places a high priority on excellence in legal education. I believe this gift will help ensure the future of an outstandinglawschoolat UCLA, and the growth of an important regional resource. On behalf ofthe Darling Foundation, I wish to express the joy andsatisfaction itbringsto participate in this major development at UCLA."
The Darling Foundation's gift, said Dean Susan Prager, "is a critical element in UCLA's plans to construct a major addition to the Law Library with a combination of state and private funds. We wish to take this opportunity to underscore our deep appreciation to Rick Stack and to the Darling Foundation."
While guests enjoyed their dinner, Shauna Brittenham enjoyed the comforting shoulder of her father Skip, above.
Opposite page, above: Pre-dinner socializing around a fountain in front of the Brittenham home. Below: Among those at the Annual Dean's Dinner were Richard and Linda Stack, Ralph and Shirley Shapiro.
'l\ SpecialandHeadyEvening'
The setting, like the evening itself, seemed nearly too wonderful to be true. The Annual Dean's Dinner, although always a congenial gathering, took on specialambiance and warmth this year atthe Santa Monica home of Skip Brittenham '70, where the dinner was hosted by the firm of Ziffren, Brittenham & Branca. (The hosts' generosity enabled the school to benefit from all proceeds of the event).
News announced at the dinner also was spectacular:
-A $5 million pledge from the Hugh and Hazel Darling Foundation for renovation and new construction of the law library. (Details on page 6).
-Completion of the second section of The Founders Wall, with the announcement of 33 new Faun-
ders by chairman Donald P. Baker of the Founders Committee. The Founders membership has reached 297.
-The appointments of three faculty members to endowed chairs, symbolizing a benchmark in the law school's life. (Story on page 10).
The Brittenham home provided a gracious elegance to the Dean's Dinner. The home, built by Donald Douglas of Douglas Aircraft in 1933, recently has been restored to its original condition.
"This is a special and heady evening," commented Dean Susan Westerberg Prager as she began the evening's program. Those words must have voiced the thoughts of everyone present.
ThreeAppointed To Endowed Chairs
hreesenior members of the School of Law faculty-Professors Jesse Dukeminier, Kenneth L. Karst and William D. Warren-have been appointed to named chairs. The appointments symbolize distinction for the law school as well as the new chair holders, since the work of Dukeminier,Karst and Warren at UCLA duringthe1960s,'70sand'80shascontributed largely to the school's national stature.
Property law scholar Jesse Dukeminier has been named Richard C. MaxwellProfessor of Law,constitutional scholar Kenneth L. Karst has been appointed David G. Price and DallasP.PriceProfessor of Law, and commercial law scholar William D. Warren has been named ConnellProfessor of Law.
The appointments ofProfessors Dukeminier, Karst and Warren to the prestigious chairs, which were announced by Dean Susan Westerberg Prager on April 7 at the Annual Dean's Dinner, were approved byChancellor CharlesE. Youngafteranextensiveprocess of consultation and review by committees of faculty from the law school and other departments.
"Thefillingofthesechairsisahistoric eventforour law school," said Dean Prager, who noted that the event "in some sense signifies that this law school, which had its beginnings in the fall of 1949, has entered early middle age."
Moreover,she said,the three new chair holders all "are among the handful of scholars at the top of their respective fields"-and they teach in fields which are a part of the core curriculum at all U.S. law schools. They also are "spectacular teachers," continued Dean Prager, "Warren quietly spectacular, Dukeminier vitally spectacular,andKarst reverently spectacular."
In their remarks of response to the announced appointments,Dukeminier,Karst and Warren demonstrated gracious understatement. "Dick Maxwell is a hero of mine," said Dukeminier, "and it is a great honor to be appointed to a chair of such a distinguished man." Karst spoke of the law school as an extended family, and thanked alumni "whose support goes way beyond the financial." Warren's comments reflected dry humor over his lifespan in the law,but he was also visibly moved by the occasion and "overwhelmed by this great honor."
Jesse Dukeminier
Richard C. Maxwell Professor of Law
Professor Dukeminier is the first faculty mem appointed to the Richard C. Maxwell Chair in La The MaxwellChair wascreatedin1987 asatribute eleven graduates of the period1953-61 who wanted to recognize Maxwell's unique position in the school's history. It was Dean Maxwell who recruited Professor Dukeminier to UCLA's faculty in1963, and until Maxwell'sretirementin1981,the two taught the basic property course.
Dukeminierisatopscholarintworelatedbutseparate fields-property,and wills and trusts. Throughout his years at UCLA, he has worked on the two books which have made his name well known in every U.S. law school. The first of these, Familr Wealth Transactions: Wills, Trusts and Estates (with Johanson) was eight years in the making and it vitalizeda deadly subject. It issuperbly crafted in a technicalsense; while making dry materialunforgettable. it also introduces wholly new perspectives. It is now the leading book in its field. Property, co-authored withProfessor James Krier,was an instant success. It brings economic and historical perspectives to bear on one of the mostbasic areasoflaw.Co-author Krier wrote of Dukeminier,"His work on this and his other books does not simply meet the highest standards; it sets them."
Professor Dukeminier's stature in his two major fields is reflected not only in his scholarly writings, but alsoinhisparticipationin law reform efforts. His work has served as a model for reforms of the Rule AgainstPerpetl}itiesinvariousstates.He continuesas a consultant' to the California Law Revision Commission.
Professor Dukeminier has said that he could not teach without his writing, and he could not write without his teaching. For him,they are inseparable enterprises, equally relished by a truly remarkable man.
Kenneth L. Karst
David G. Price and Dallas P. Price Professor of Law
Professor Karst is the second UCLA law scholar named to the David G.Price and DallasP.Price Chair in Law, succeedingProfessor Murray L. Schwartz. The chair was endowed by DavidPrice, a UCLA law graduate of the Class of1960,and his wife,Dallas.
During 24years on the UCLA faculty,Professor Karst has become one of the nation's great figures in constitutional law. He qukkly earned a place at the
Jesse Dukeminier
Kenneth L. Karst
pinnacle of a field which is the most competitive in U.S. legal education. His pathbreaking scholarship in such areas as equal citizenship and freedom of intimate association has had immense impact on legal conceptions about the Constitution and the nature of particular rights.
Karst's scholarly achievements began in 1960 with the publication of his article, Legislative Facts in Constitutional Litigation, a piece which Professor Gunther of Stanford termed "a classic." Four years later, Karst was recruited to UCLA. In the intervening years, Professor Karst has written some 40 articles in the field of constitutional law in all of the major journals; among these is his landmark piece, "The Freedom of Intimate Association."
Some of Professor Karst's recent publications are his article "Woman's Constitution" and his book, Belonging to America: Equal Citizenship and the Constitution, in which he analyzes the two great bulwarks of equal citizenship, the 14th Amendment and Brown v. Board of Education. He is associate editor of the Encyclopedia of the American Constitution, a monumental work of four oversize volumes, which has further solidified Karst's place at the top of his field.
Karst's carefully crafted lectures are delivered with a gentle elegance that inspires his students-who remain devoted to him throughout their careers.
William D. Warren Connell Professor of Law
Professor Warren is the fifth faculty member to occupy the prestigious Connell Chair, which has been
William D. Warren
associated with UCLA's law school since 1952 through an endowment from the Michael J. Connell trust. (Connell was chairman of Citizens Bank and a founder of the Los Angeles Philharmonic.) Earlier occupants of the Connell Chair have been Professors Rollin Perkins, James Chadbourn, Ralph Rice and Richard Maxwell.
It is difficult to imagine a career marked by more distinction in more ways than that of William Warren. Professor Warren is an extraordinary teacher, scholar, law reformer, and administrator, who served as Dean of the school from 1975 to 1982, with great distinction and grace.
Warren is one of the nation's leading scholars in the fields of commercial law, consumer credit, and bankruptcy. His books in those fieldshave been very influential in U.S. legal education. In addition to his scholarly work, Professor Warren has expended enormous amounts of productive energy in legislative reform. In collaboration with Professor Robert Jordan, he has seen through to implementation numerous reforms in the area of consumer credit and commercial law.
The exceptional qualities displayed in Professor Warren's scholarly and law reform efforts carry over into his teaching. His knowledge, clarity, and genuine respect for his students have made him a teacher of unsurpassed excellence. A colleague wrote recently: "Warren's teaching is legendary, and his name is synonymous with outstanding teaching. He loves his subject, and as naturally undemonstrative as he is, he teaches his students to love it too, not with tricks, but by quietly unfolding its complexity and intricacy."
Proud relatives found just the right position for mortar boards, while faculty members equally as proud of the graduates hooded thenew Juris Doctors. Professor Julian Eule, above, spoke as Professor of the Year and the Rev. Jesse Jackson (opposite page, above) was theprincipal commencement speaker. Dean Susan Prager, on Perloff Hall steps, congratulated a newly-hooded graduate.
Congratulations, Classof'90!
It was a day for celebrating remarkable achievements and for receiving well-earned congratulations, as 329 studentsbecame the school's39th graduating classon May 20. Juris Doctor degrees were conferred on 323 students while six others received the Master of Laws.
"Take a look among the graduates," said Professor Julian Eule, who spoke as 1990 Professor of the Year "This is not your typical snapshot of the legal profession," he said, citing the diversity of UCLA. But, he said, "This is the face of the future."
The Rev. Jesse Jackson, selected by the graduating class to be principal speaker at the ceremony, also emphasizedrespectfordifferences. "Theresurrection of racism, or personal and institutional racism, antiSemitism, anti-Arabism, anti-Hispanicism, Asian-
bashing and homophobia represent spiritual surrender and ethical collapse," he said. Calling for a national expansion to service and action, Jacksontold the graduates, "The change we seek will come from you. The time is always right to do what is right."
Speakingonbehalf of theclasswereLisaJavierand Irwin Rappaport. "The knowledge we now possess canbe usedforpositiveimpact; indifferencecanlead to destruction," said Javier. Rappaport urged his fellow graduates to take a humane approach in their relations with others and to avoid the easy tendency of "reacting more than we act." Thomas Cavanaugh, class president, said "our individuality and diversity have been nurtured" at UCLA. Of the law faculty, he said "theirbrilliance will repiain with us for the rest of our days."
Big League Powerhouse
n a matter of months, the UCLA law community has become a powerhouse of big league baseball.
Stephen D. (Steve) Greenberg '77 was named Deputy Commissioner of Baseball in November. Just a month earlier, Gary Kaseff'72 becameChief Operating OfficeroftheSeattle Mariners in the American League. In February, Professor Reginald Alleyne arbitrated the salary dispute of Pittsburgh Pirates' pitcher Doug Drabek. A fourth member of UCLA law's baseball contingent, wellseasoned in hisposition, isDonE. (Buzz) Gibson '83, Associate General Counsel of Major League Baseball.
While these four represent a new concentration of strength at baseball's top ranks, the law school has never been lacking in baseball erudition. Professor Alleyne, the school'sunofficial essayist on baseball, recently noted in the UCLA Docket that the game
Steve Greenberg often provides useful classroom lessons. On the law faculty, he continued, there are "substantial numbers of knowledgeable baseball fans. Among professors whodeservethe highestpossiblebaseball-knowledge rating are William Warren, Kristine Knaplund, Gary Schwartz, Alison Anderson, Peter Arenella and Julian Eule."
To find a career in America's best-loved game-as Greenberg, KaseffandGibson have done-istherealization of what could be only a fantasy for most lawyers.
Aseach one describes his ownjob, however, it also becomes obvious that the headquarters of Major League Baseball or the owner's box in a ballpark can be the venue for plain hard work.
STEVE GREENBERG remembers well when his phone at Manatt, Phelps, Rothenberg & Phillips rang one day last September �ith a call from Commis-
ReginaldAlleyne
sioner of Baseball Fay Vincent, asking if Greenberg might be interested in becoming Deputy Commissioner of Baseball.
Right away, Greenberg says, "My heart told meyes, because of my respect for Fay and my love of baseball." But it wasn't a quick decision, and before GreenbergpulledupstakesinLosAngelesand began thenewjobinNew YorkonJanuary1, hespentalotof time talking about the move with his wife, Myrna, and t�o daughters, Jennifer and Melanie.
Greenberg, since graduating from law school in 1977, had developed a specialization in sports lawparticularly as it related to professional baseball. He had represented more than 100 professional baseball players in contract negotiations and other matters.
At Manatt, Phelps he had become head of the sportslawdepartmentin1982 and thenbecamemanaging partner of the firm in1987. Ironically, Greenbergenteredlawschoolwith thethoughtofbecoming
a corporatelawyer-certainly withouta thought that his legal career would encompass sport. "As things unfolded, it was total dumb luck," he recalls.
When Greenberg began his legal studies, he was just a year out of professional baseball-having played for the Washington Senators, for Burlington, N.C.,in the Carolina League,forDenverin the American Association, and for Spokanein the Pacific Coast League. He was the club's regular first baseman and batted .281 in1973 and .282 in1974, as Spokane was the PCL champion each year.
He thought he had put his baseball career behind him as a law student. But1975 was a seminal year in baseball, the year that free agency was created,and players en masse were looking for agents. A number ofhisformer teammatesaskedGreenbergto represent them.
"I negotiated my first contract inmy second year of law school, with the encouragement of (Assistant Dean) Fred Slaughter. I went to Fred and told him, 'Bill Madlock with the San Francisco Giants wants me to negotiate his contract,' and Fred told me, 'Alot of agents are not lawyers. You do need a lawyer to review things, butthereisno reasonyoucan't do it.' "
Steve Greenberg had a solid background in baseball, of course, as the son of Hank Greenberg, a legendaryname who in1938 hit58 home runs for the Detroit Tigers. "During the first 10 years of my life," Steve recalls, "my dad was part owner of the Cleveland Indians. I grew up hanging around the ballpark, thinking that most people were either baseball players or coaches or managers-and that there were a few oddballs who ended up being doctors or lawyers. I was totally immersed in baseball growing up."
And now that he's totally immersed in being Deputy Commissioner of Baseball, Greenberg sees an array of challenges just ahead of him. A significant international venture involves marketing the game in a much more organized way internationallyeverywhere from Japan to Botswana to the Soviet Union.
Greenberg personally is overseeing the program to promotebaseballinternationally. In the Soviet Union, baseball is now in its formative stages and Major League Baseball is working with baseball federations there. Greenberg plans to visit the Soviet Union withintheyear. In Japan, of course,the game already is well developed.
"The entire European market is phenomenal, given theconfluenceof Europe's freemarketin1992 and the factthatthe Olympics will beinBarcelonain1992. It will be the first time baseball has been a gold medal sport in the history of the Olympics, which has prompted tremendous interest," notes Greenberg.
Another important area under his supervision is Major League Baseball Properties, the licensing and marketing arm-"a huge operation which licenses the trademarks and logos of all 26 clubs and of the Major Leagues."
Also reporting to Greenberg are the chief financial officer, the director of broadcasting who administers national TV contracts,and the general counsel. While Greenberg oversees legal matters, he does not involve himself in specific labor issues.
"Baseball set up a number of years ago an independent staff of labor management people to deal with the important function of labor. The commissioner's office gets involved in labor only tangentially. We are not involved in labor issues to the point where we could be adversarial to players' interests. The commissioner's charter is to conduct himself in the best interests of the game, and to look out for the integrity of the game."
In his earlier sports law career, Greenberg counseled his player clients with that same philosophy"to act appropriately vis-a-vis the game of baseball." Having moved now to a different role in the sport, Greenberg says, his basic interests haven't changed. In the transfer from players' lawyer to deputy commissioner, "there is not the conflict you would think."
REGINALD ALLEYNE is playing a new position too-as a labor arbitrator employed by Major League Baseball and the Major League Baseball Players' Association to settle salary disputes.
Arbitrating, of course, is familiar turf to Alleyne; for 18 years he has handled salary disputes in every conceivable industry-airlines, shipbuilding, aerospace, construction. Baseball per se isn't new territory for Alleyne, either He has been a fan since age 10, when he was a regular in Boston's Fenway Park bleachers.
"I admit to being a very fervent Dodger fan," muses Alleyne. "I share my Dodger season tickets with two faculty colleagues and Tom Roberts, who has been a salary arbitrator in baseball for many years. I have been a Dodger fan ever since the day in 1947 when I was as thrilled as a 15-year-old could be with the news that the Dodgers had hired Jackie Robinson." (In those days,Alleyne watched Dodger games at Braves Field in Boston.)
The youth who haunted Boston ballparks never dreamed that someday he would decide on a $1.1 million salary figure for a Pittsburgh Pirates' pitcher named Doug Drabek.
Alleyne was one of seven labor law professors in the nation chosen in February, the month when arbitration traditionally takes place, to settle baseball sal-
ary disputes. Major league baseball employs "finaloffer arbitration," which means the arbitrator decides whether the player's or the owner's salary figure is more reasonable. He cannot pick a figure in between. In awarding Drabek $1.1 million,or triple his salary of a year earlier,Alleyne based his finding on comparability statistics. "I was persuaded that Drabek's record placed him in a bracket with other pitchers earning the higher figure that he sought."
At a salary arbitration hearing,the player is present but rarely does he speak. "The proceeding is more like a closing argument to a jury. Just about all of the facts, the statistical data, are undisputed. It is the consequences one reads into that mass of statistics that really is the core of the dispute," explains Alleyne. Under the arbitrator's contract, "you make your best effort to render a decision within 24 hours," which is just about what it took Alleyne. Flying home from New York, he studied the record, slept a few hours,
GaryKaseff
Don Gibson
studied the record again the next morning, and then phoned the union and club representatives to tell them his decision.
"The formal act is to fill in the salary figure in the player's contract. You're given a contract, signed by both parties, with everything completed except the player's salary. You fill in the figure and mail it back to the president of the American League or National League."
Alleyne was assigned 12 cases this year, and 11 settled prior to hearing. That's about par.
How arbitrators are selected is somewhat shrouded in mystery although having a national reputation in labor law and a knowledge of baseball are useful credentials.
A story circulated this year about one arbitrator whose knowledge was more limited. The pitcher whose salary was being arbitrated was quoted, "I knew I wasin trouble at my hearing when the arbitra-
tor asked, 'What's an ERA?'"
"If a baseball arbitrator doesn't know what an earned run average is," Alleyne says, "he is in trouble."
Would he be a salary arbitrator again? "If I am invited, I will accept."
Does seeing the business side of the sport so closeup diminish the lustre of baseball for Alleyne? "The deeper you get into the business end of it, following labor disputes as I have for years, the more human the players do seem to be. I find I enjoy baseball even more because of the insights I have gained about player performance. Baseball to me is a game filled with wondrous ballet-like qualities, which I love."
GARY KASEFF became Chief Operating Officer of the Seattle Mariners in October after 17 years of law practice in Century City. A partner in Epport & Kaseff, his practice specialized in business and commercial law.
Kaseff is a lifelong baseball fan, and one of his favorite childhood memories of Los Angeles involves going with his dad to Wrigley Field. His single venture into sports law, however, was representing Jeff Smulyan in his desire to purchase a major league baseball team. Kaseff was one of several lawyers working on that project.
When Smulyan took control of the Seattle Mariners last year, he asked Kaseff to become Chief Operating Officer "After practicing law for 17 years, the opportunity to run a major league baseball team was very compelling," Kaseff says.
In this new role, Kaseff isresponsible for all aspects of the business organization and a staff of about 40 in the front office. Initially Kaseff was inclined to involve himself in the club's legal matters-"but I quickly learned not to do that."
What has taken a great amount of his attention are improvements to the Kingdome, the Mariners' stadium. A new sound system, a new scoreboard, moving back the field 10 feet to make it more of a ballpark for pitchers, and giving the entire stadium a new look have been high priorities for Kaseff.
As owner of the Mariners, Smulyan has demonstrated his own commitment to baseball by lowering the price on nearly two-third's of the Kingdom's seats, aggressively pursuing free agents, and personally spreading the message of this commitment throughout the Pacific Northwest.
"We are also putting in a child care facility at the Kingdome," says Kaseff, "and we believe we are the first major league ballpark in the nation to do this. We want to make baseball good family entertainment."
Kaseff attends nearly all home games, usually behind home plate in the owner's box entertaining
corporate clients. Often he goes early, directly from his office, taking work with him. "It is difficult to watch the games," he admits, "when you have such a businessinterestin them. There certainlyisa correlationbetween what happens on thefieldand how successful we are in business."
DONE. (BUZZ) GIBSON, who is Associate General Counsel of Major League Baseball, finds some surprising connections between his present job and his earlier work which involved intellectual property.
AfterGibsongraduated fromlawschoolin1983,he clerked a year in U.S. District Court, was a teaching fellow atStanford Law School, and then joined Stein & Kahn in Santa Monica where he focused on entertainment law-especially in the areas of contracts and copyrights.
Now, at Major League Baseball, he spends a major part of his time on intellectual property issues-the trademarks and logos which comprise property, and which are licensed through the Major League Baseball Properties corporation.
The general counsel's office handles trademark
licensing and enforcement; it becomes involved · issues such as the sale of clubs, and it also ha interest in broadcasting issues.
"Interesting issues come up on the infringeme side," says Gibson, "and we keep an eye out to ee that productswhich bear our trademarks are licens by us. Often, infringements fall right into our laps Not long ago, at a children's birthday party, I notic some Yankee jackets which were made by a manufacturer notlicensedby us. I was able to get the name cl the retailer and the manufacturer They turned o,·e the remainder of theirinventory to us, and agreed n to infringe again."
"At times, thisissuereally takesovermylife. When I watch TV, I tend to be looking to see if our trade-marks are being used without licensing," Gib on continues.
With hispassionfor enforcing property rights, Gibson says he still is able to maintain his more intangibleinterest in the sport. "Baseball really is my fi love. I am doing what I really want. I'm incredibly happy, satisfied, and content." ,1
Pacific Basin Law Journal Analyzes Tiananmen Aftermath
On the first anniversary of the massacre inTiananmen Square in Beijing, students at the School of Law are publishing an issue of the UCLA Pacific Basin Law Journal in which China scholars analyze legal,politicaland economicaspects of what happened in China and givetheirprognosis for the future.
"The events of June 1989 shocked the world and were the beginning of an unforgettableyear of major political shifts throughout the world.The bloodshed has largely ended, but the events atTiananmen have left an indelible mark on history," notes journal editor Nargis Chaudhry (who graduated from the School of Law in May) in the issue's foreword.
China scholars who contributed major articles to the journal agree that the shocking events last year were all the more difficult to comprehend by Westernerspartlybecause of themedia's facileinterpretation of recentChinese history
Professor William Alford observes that the fate of legal reform in China is interwoven with economicproblems. "China's leaders have assumed that the emulation of foreign laws will better enableChina to advance economically, even as these same individuals have hindered thedevelopmentof conditions and institutions-such as an independent judiciary-central to the effective operation of such law abroad," Alford writes. "American and other foreign legal specialists, imbued with the same type of faith in the unique and universal capacity of law to lead social change, have not taken serious enough account of the gap between China's largely Western-derived legal codes and thethinking,circumstancesand history of her people."
Butif law is no panacea, neither is it wholly without use. "Although the struggle,intellectual and other,ahead is principally for Chinese to work out for themselves," says Alford,given the stakes for China and the rest of the world, those on theoutside cannot "refrain from involvement as China endeavorsyet again to build a legal system."
Professor Mark M. Hager ofAmerican University writes: "In the West, we should of course continue to support popular democracy and to criticizethe party-state repression thatstifles it. But we should alsodeviseways to hear, comprehend, and evaluate the concerns which animate the popular movements, other than their sheer desire to exist without repression."
Professor Robert Kleinberg of the University of Kansas analyzes the currentregime's failuretodevise effectiveeconomicreforms. Hepredicts thattheChinesegovernment will soon havetoengagethe Westinitseconomic revitalization plans, whichislikely to meanembracingpartoftheprogram of China's reformers.
Alumnus
ofYear Nominations Are Due by August 31
Law alumni are invited to make nominations for UCLA Law Alumnus of the Year for 1990.The deadline for nominations is August31.
The Alumnus of the Year award, which has been made annually since 1962,recognizes UCLA law alumni who have distinguished themselves by community and professional service.
The award nominations are reviewed by a committee of the Law Alumni Association, which bestowstheaward.
Nominationsshould be sent to the Alumni and Development Office, UCLA School ofLaw,Los Angeles 90024, phone (213) 206-1121.
11 Awarded Summer Grants from PILF
Eleven law students have been awarded grants totaling more than $31,000 from the Public Interest Law Foundation (PILF) at the School of Law, which will enable them to work this summer on projectsranging from programs for the homelessto environmental law and the Valdez oil spill.
The PILF grants are funded through direct contributions from students, faculty and alumni of the law school. Many students pledge one day's income from their own summer jobs to support the summer publicinterest work of their classmates.
The 1990 summer grant recipients will tackle a wide variety of legal problems.
Tom Bloomfield of Shaker Heights, Ohio, will travel to Alaska to work on environmental law issues relating to strip mining and the Valdez oil spill.
Melina Burns of Berkeley will providebasic family law services to low income clients at San Fernando Valley Neighborhood Legal Services.
BetsyCotton of Worcester, Mass., will use her grant at ACLU of Los Angeles to work on reproductive rights issues.
Michelle Fredericks of Lafayette, Colo.,will spend the summer with California Indian Legal Services in Escondido, working to further tribal self-government and protecting tribal resources.
Patrick Dunlevy of El Cerrito will assist the Inner City Law Center in slum litigation and programs for the homeless.
Deanna Kitamura of Fre no is travelingto San Francisco to \\'Or at Equal Rights Advocates to addre the employment-related issues faced by women of color
Matthew Metz of Seattle. \Va h.. will work at One Stop Immigration and EducationCenter, Inc focu ing on political asylum and deportation ca e
5 \.
Lisa Salas of Anaheim will pend the summer at the Mexican American Defenseand Education Fund(. L\LDEF) tohelpsecureequal educational funding for minorities.
Garrett Turner of Plainfield.. ·.J.. will use his PILF grant at. 'AACP Leoal Defense Fund to \\·or on police brutalitv ca es.
Richa-rd Villa enor of. ladi on. \\'i ..
will address the rights of gays and lesbiansin military service at ACLU of New York.
Carolyn Perez of San Jose has been awarded the Joseph Kirshbaum Memorial Scholarshipto work for the InternationalInstitutein San Francisco ona widevariety ofimmigrationissues. She will receive a partialPILF grant to supplement her scholarship.
The annual PILF drive at the law schoolsupports the summer grants and otherpublicinterestprojectsthroughout theyear. This spring's drive raised a total of $47,649.
Inanother publicinterestlaw project, the UCLALaw CareerPlanningOffice, PILF,and law schools throughout Southern California conducted the fifth annual Public Interest Career Day at UCLA this spring. Of the 300law students who attended the program,107 were from UCLA. There were45 public interest law employers participating.
New Program Honors Four Who Work in Public Interest Law
Fourmembers of the Schoolof Law community havebeen honored as the first recipients of awards inaugurated at theschool this year to recognize achievements in the area of public interest law.
The awards-given to two students, an alumnus,and a professor-are named after four UCLA alumni who have distinguished records of public service.
Lisa J. McLeod,a third-year law student,wasrecipient of the Nancy J. MintiePublic Interest Award. McLeod served as president of the Public Interest Law Foundation last year,and during the current academic year she was a moving force behind the law school'snew publicinterest committee. The award is named inhonor of the founder of the Inner City Law Center, a 1979alumnus of the law school.
Robert J. Kay, in his second year of law at UCLA, received the Joseph Hairston Duff Public Interest Award for his work on death penalty cases in Alabama and on behalf of thehomeless in Los Angeles. The award is named after a1971alumnus,who as counsel to
the Drew Medical School and president oftheLosAngeleschapterofthe NAACP has focused his public interest efforts in the area of education.
Professor Henry W. McGee Jr.,a member of the UCLA law faculty for 20 years,received the Fredric P. Sutherland Public Interest Award for representing community groups in Los Angeles and San Franciscoparticularly in the areas ofhousing and land use. The award is named after a 1964 UCLA law graduate,who was a founding member of the Center for Law in the PublicInterestand is now president of the Sierra Club Legal DefenseFund.
Alumna Nancy J. Mintiereceived the Antonia Hernandez Public Interest Award. Mintie was recognized for her consistent efforts on behalf of the homelessand Skid Row residents.
Sam Magavern, who accepted the award on her behalf,said Mintie "treats clients with respect and as equals, representing theleast powerful without abusing the power that position gives her. "The award is named in honor of AntoniaHernandez'74, who as president and generalcounselof the Mexican American Legal Defense and Education Fund has been a spokeswoman for Latino interests at
both local and nationallevels. The two student awards included $500 grants, madeby an anonymous donor, in addition to the certificates which were presentedto all honorees.
Professor Varat Receives Rutter Award for Teac}:iing
Professor Jonathan 0. Varat was chosen as the1990 recipient of the Rutter Award for Excellence in Teaching at the School of Law.
In accepting the award at a law school presentation, Professor Varat said: "My gratitude runs in many directions. Most centrally I am grateful to my students,particularly those who have been willing over the years to suspend their disbelief and enter into the quasi-socratic twilight zone that defines my classes. Their patience and openmindedness has allowed me to attempt toincreasetheir independence of thought and to develop questioning habits of �ind, critical judgement,
Lisa J. McLeod, Professor Henry W. McGee Jr. and RobertJ. Kay (left to right) were recipients of awards fortheir work in public interest law. Also a recipient was Nancy J. Mintie '79.
and the ability to articulate their own intuitionsand to understand the intuitions and thereasoningofothers."
Attorney William A.Rutter established the annual award, presented since1979 at UCLA,to recognize excellent teaching in a profession which places major emphasison research and writing.
Previousrecipients of this award have been Professors Grace Blumberg, JulianEule,Gary Schwartz,Murray Schwartz,Michael Asimow,Bill Warren,LeonLetwin,JesseDukeminier, Jerry Lopez,David Binder and Stephen Yeazell.
Mexican Constitution Is Focus of Course
Mexico'sachievementsunder its Constitution of1917 were celebrated in a special program at the School of Law in February.
The event,titled "Reflections on the Mexican Constitution on Its73rd Anniversary," was organized as part of a course on "Law and Development in Latin America" co-taught by Professors Henry W. McGeeJr.of UCLA and Manuel Becerra Ramirez,a visitor from the Institute of Juridicial Research at the National Autonomous University of Mexicoin Mexico City.
Becerra Ramirez spoke on fundamental aspects of the Mexican Constitution,while McGee addressed criminal procedure in Mexico,human rights and theinfluence of the U.S. Constitution.
ArnoldoCastillo,president of the Mexicali BarAssociation,gave a comparative analysis of the Mexican Constitutions on1857 and1917. Sergio Montero of Monterrey Teacher's University discussed the Mexican Constitution of1917 as a social contract and Jose Antonio Ortiz Pedraza of the Mexican consulate in Los Angeles described the rights of immigrants underMexico'sconstitution.
Professor Becerra Ramirez noted that the Mexican Constitution of1917,as the product of a revolution,established agrarian reform and very distinct social rights for the people of Mexico. It speaks especially to the rights of workers,and also to the separation of church and state,he said.
Five Major Awards In UCLA Program Go To Law Community
UCLA's1990 Alumni Awards for Excellence ceremony on June10 was somewhat a sweep for the School of Law,as five members of the law school community received major awards.The five were among28 alumni,students and faculty from the entire University to receive awards at UCLA's annual major recognition program.
Geraldine Hemmerling '52 and Professor Kenneth Karst werehonored as recipients of the Professional Achievement Award.Wells Wohlwend '57 received the University Service Award.Professor John S.Wiley was among UCLA faculty honored with the Distinguished Teaching Award. Kimberly Hall Barlow '90 received the Outstanding Graduate Student Award.
The printed program of the Awards forExcellence ceremonyincludedthese highlightson the recipients:
Geraldine Hemmerling '52, Professional Achievement Award: "Culminating adistinguished career in estate planning,taxation,probate and trust law,GeraldineHemmerling was recently elected president of the American College of Probate Counsel, one of the most prestigious positions in American law. Sheis the first woman ever named to head the college...Her knowledge,competence and leadership have won her the highest respect and admiration of her peers as well as her clients."
Professor Kenneth Karst (A.B.'50), Professional Achievement Award: "One of thenation's most respected figures in constitutional law, Karst is noted for therichnessof the historical and cultural sources he draws on to interpret this country's fundamental organiclaw.In addition to his fine scholarship,Professor Karst is a teacher of exceptional ability,having been honored with a UCLA Distinguished TeachingAwardin1980."
Wells Wohlwend '57,University Service Award: "A successful attorney, Wells Wohlwend has practically made a 'second career' out of supporting his alma mater.When he's not cheering a Bruinteamata sports event,he'sserving in a leadership capacity somewhere on campus or raising funds for some
campus project He is described by friends and admirers as someone who hasgivenunstintinglyofhistimeand energies,and whose loyalty to UCLA grows deeper with each passing year."
ProfessorJohn S.Wiley,Distinguished Teaching Award: "Only a few instructors are able at once to entertain and to inform,to teach and to delight. Law Professor John Wiley is among these few.He possesses not only a powerful intellect,but a challenging, committed teaching style that has been described,in the most favorable sense, as innovative and risky.Professor Wiley is especially noted for using economic theory to illuminate and critique difficult areas of the law,including intellectual property and antitrust law."
Kimberly Hall Barlow '90, Outstanding Graduate Student Award: "Earning exceptional marks at the School ofLaw wasjust the beginning for Kimberly Hall Barlow. Shehas demonstrated a deep,longstanding concern for victims of child abuse and neglect,turning her considerable talents to improving their situation
Kim Barlow represents a rare combination of intellectual vigor and profound concern for the well-being of young people."
Two National Awards Go to UCLA Students
Two national awardshave been given to UCLA students in recognition of their public interest work.
RichardNovak '90 is one of25 law students in the nation to receive a Skadden Public Interest Fellowship, and the first UCLA student so honored since the program was established two years ago.The fellowship will pay his salary during a year's work with Public Counsel, the pro bono office of the Los AngelesCounty and Beverly Hills Bar Associations.Novak will be developing projects to provide legal services to homelessyouthin Los Angeles.
Andree Daly '91 received one of three national awards from the ational Association for Public Interest Law at its fifth annual conferenceon "Students Making a Difference." She spent last summerworkingwith defenseattorneys in Louisiana representing indigent inmates in death penalty cases.
Constitutional Law Scholar Eule Sees
�n Imposing Fork'
As the U.S. Supreme Court's new conservative majority continues to topple precedents, constitutional law scholar Julian N. Euleseesa future of uncertaintyandprofound consequences.
Professor Eulehasanalyzed thisyear's Supreme Courtdecisionsfor several conferences of federal judges in recent months. He and other constitutional scholarsfind themselves "holdingtheir breath" while contemplating the court's next decisions.
"Abortion is tottering; affirmative action is unstable; and the wall separating church from state has been cracked," notes Professor Eule, who believes the nation's high court "promises more of the same."
Professor Eule has spoken recently to three conferences of U.S. Court of Appealsjudges on the 4th, 9th and 10th Circuits, meeting in Hilton Head, S.C., Laguna Niguel andSan Francisco, where he analyzed current trends on theSupreme Court. He also spoke in April to the UCLA Chancellor's Associates.
While the conservatives on the SupremeCourtfinally gained amajority this past year, with the addition of Justice Anthony Kennedy, what they will do appears uncertain to Professor Eule. "The new conservative majority is clear only about what it wishes to leave behind, withoutbeing certain where it ought to be heading," he says. "Theroadbeforethemhasan imposing fork."
In the area of abortion, "if the court reverses Roe v. Wade, it must choose which fork in the road to take. And this choice depends on what is perceived as Roe's error-itsrecognition of the woman's rights, or its undervaluing of the fetus's. Thetwochoicesare vastly different and ultimately depend on the kind of 'conservative' the court decides it wishes to be-a judicial conservative or a political conservative."
While a judicial conservative believes the Constitution should be strictly construed, a political conservative is more interested in the pragmatic outcome of a particular decision.
"The consequences of the fork taken are profound," says Eule. "If Roe were to be reversed, the judicially
conservative approach would leave us with a political issue, to be decided differently in each state without judicial guidance. The politically
conservative approach, however, would leave us with a uniform answer. If the Constitution protects the fetal life, the state'sabil{ty to permit abortion would
Advocates in the 39th annual Roscoe Pound Competition in UCLA's Moot Court Honors Program (standing, from left) were Scott Yamaguchi, Holl�Paul, Mary Chu and Victor Canon. The best brief writers (seated) were Sallie Thieme, thenational team briefwriter, and Tracey Ging, the Traynor team brief writer. Below, Judge Consuelo Marshall extends congratulations to Victor Canon of the winning team.
Thedistinguished panel which judged the Roscoe Pound Competition at UCLA in April included Appellate Judge].L. Edmondson of the 11th District U.S. Court of Appeals, Justice Shirley Abrahamson of the Wisconsin Supreme Court, andJudge Consuelo Marshall of the U.S. DistrictCourtfor the Central District ofCalifornia. Below,Judge Edmondson congratulates Scott Yamaguchi of UCLA'snational team.
be restricted."
Significantly,however, Professor Eule does not see the court taking the same fork oneveryissue.
"The court that in Roe's wake will likelyleave complex social and moral questionsto the political arena appears headed in a very different direction
when the question is affirmative action," he says.
Last term,the Supreme Court struck down efforts of Richmond, Va.,to set asidea percentage of city construction contracts for minority businesses. This term,the court has before it policies providing preferential treatment for minorities in obtaining broadcasting licenses.
"UnlessIamhaving difficulty reading mytea leaves," says Eule, "I see the court striking down these policies. The road traveled here is that of the political conservative, not the judicial conservative. Affirmative action is to be judicially restricted. Different communities are not to be allowed to arrive at diverse solutions."
The Warren Court saw its role as checking the "tyranny of legislatures (which) gave too little weight to the interests of under- or unrepresented voices. The Warren Court's remedy was lo substitute the rule of nine Platonic guardians who,from theirremoved and dispassionate distance,could isolate and correct our errors," Eule observes.
"The Rehnquist Court seems of two minds about Platonic rule. The conservatives all seem to agree that the Warren Court traveled the wrong path, but theyseem unclear what was wrong about it.
"Is the problem that the concept of judicial guardianship is antithetical to a Constitution that begins, 'We the people'?Or," asks Eule,"is the Rehnquist Court's displeasure instead with the Warren Court's value systemPlatonic ruleis okay so long as Plato correctly apprizes the competing social and moral values that vie for our attention?"
In Nimmer Lecture, Greenawalt Analyzes Flag Burning Issues
The U.S. Supreme Court "did well not to carve outan exception from ordinary First Amendmentprinciples" when it upheldflagburning as a legitimate form of protected symbolic speech, said Professor Kent Greenawalt of Columbia University in the fourth Melville B. Nimmer Memorial Lecture
atUCLAinApril.
ProfessorGreenawalt,notedfor his probing analysis of constitutional issuesinvolvingconflictingvalues,told theUCLAaudiencehebelievesthe SupremeCourt,inreviewingthenew federalstatuteagainstflagburning, should"act similarly" andfollowthe courseitdidin Texas v. Johnsonunder generalFirstAmendmentprinciples.
Stephen M. Blumberg '58 coauthoreda bookentitledPreventing Legal Malpractice: California CaseStudies. Heis seniorpartnerina10-personlawfirm in Fresno, currentlyservesontheboard ofdirectorsofLawyers' MutualInsuranceCompany,and isanadvisorto the realproperty sectionoftheStateBar
The 1960s
Roger M. Settlemire '60waselected Judge oftheSuperior CourtforPlumas County.
Martin G.Wehrli '64hasbecomeamemberofthefirmofRutter,O'Sullivan, Greene& Hobbsin LosAngeles. He practicesinthefieldsofestateplanning, probateandbusinesslaw.
speech,church-staterelations,law and morality,andprivacy includehisrecent bookSpeech,Crime,and the Uses of Language (Oxford,1989).
AsthefourthNimmerlecturer, ProfessorGreenawaltfollowedAnthony Lewis, Floyd AbramsandHarriet Pilpelintheserieswhichbegan in 1986
searchandplacementfirmin Los Angeles.
Michael L. Glickfeld '69hasjoined DeCastro,West,Chodorow & Burn as memberandwillcontinueto speci� inbusinessandentertainment litigation.
The 1970s
Scott E. Grimes '71 isapartnerand tax specialistintheCPAfirmofNorman, Jones,Enlow & Co. inDublin,Ohio.
Moises R. Luna '72 hasbeenappoin ed to theLosAngelesCounty CivilService Commission. Thecommission isan appellatebody responsible inpartfor hearingappealsonallegationsof discrimination.
Leigh B. Morris '72 isapartner-inchargeoftheSanFernandoValley office of Hill,Wynne,Troop & Meisinger. Hespecializesintherepresentationoffinancialinstitutionsand realestateinvestmentanddevelopment companies.
Robert M. Popeney '72 hasrec.ently beeninstalledpresidentoftheSouth Bay BarAssociation. Hepracticeslaw inTorranceastheheadofafiveattorneyfirm. HelivesinPalosVerdes withhiswifeof20years,Gail,andtwo children,Douglas,13,andTracy,10.
Kenneth Ross '73isamemberofthe firmofPopham,Haik,Schnobrich& Kaufmanin Minneapolis. Hepractices preventivelawyeringinthearea of productliability.
Gary J. Cohen '74 hasbecomeamemberofthefirmofSidley & Austinin theLosAngelesoffice.
Robert S. Kirschenbaum '74 isnow vicepresident-generalcounseland cor-
Greg G. Smith '89 of Bradley, Arant, Rose & White in Birmingham, Alabama, writes: "I believe this photo shows that UCLA law alumni are establishing beachheads everywhere in the U.S."
porate secretary for Taren Holdings, an apparel and swimwear company.
Christopher John Sheldon '74 was appointed by Governor Deukmejian to the Municipal Court of the Desert Judicial District on October4,1989 His wife, Linda, and he moved from Blythe to Palm Desert so he could take his seat in Indio. He had been in private practice in Blythe since 1983.
Deborah L. Arron '75 is author of Running from the Law: Why Good Lawyers Are Getting Out of the Legal Profession, published in1989 , and founder of Seattle's Lawyers in Transition-which provides seminars, workshops, and networking meetings for lawyers who are thinking about changing jobs or leaving the legal profession.
Barbara A. Blanco '76 has accepted an appointment as faculty clinical director and Clinical Professor of Law at Loyola Law School in Los Angeles. She was an attorney with the Legal Aid Foundation of Los Angeles for twelve years prior to the appointment at Loyola.
R. Bruce Minto '77 has been chosen to
preside over the Citrus Municipal Court in West Covina for1990.
Loretta Ramseyer '77 continues as senior counsel and team leader of Bank of America's Legal Department Problem Loan Group. Her specialization also includes bankruptcy, real estate and environmental law. She is co-author of "Agricultural Financing," in Commercial Transactions (published by CEB).
Lynne Alfasso '78 and George Chappell announce the arrival of David Paul Chappell. She is on leave from the office of Ventura County Counsel, where she specializes in labor/employment law and litigation.
William H.Davis, Jr. '78 and his wife, Beth Baird, are enjoying their first child, Clayton Skyler, who was born at home in Altadena on June 29 ,1989 .
Kneave Riggall '78 recently published two tax articles: "T hree Ways to Reduce Boot in Like-Kind Exchanges," 72 Journal of Taxation 20; and "Selling a California Home," Los Angeles Lawyer (January 1990).
David Schulman '78 , supervising attorney of the Los Angeles City Attorney's AIDS Discrimination Unit, recently spoke at the nation's first national AIDS Discrimination Training Workshop in Washington, D.C. His memorandum on workplace policies will be published in Saint Louis University Public Law Review.
Douglas W. Stern '78 has become a litigation partner in the Los Angeles office of Fulbright & Jaworski.
Philip W. Green '79 has become a partner in the firm of Hamilton & Samuels inNewport Beach.
The 1980s
Harriet Beegun '80, who has gone back to using her maiden name, Harriet Leva, has joined the firm of O'Neill & Lysaght in Santa Monica, where she specializes in civil litigation and white collar criminal defense. She recently left the U.S. Attorney's Office where she worked for five years as a prosecutor.
Mick I.R. Gutierrez '80 became an associate with Miller, Stratvert, Torgerson & Schlenker in the Las Cruces, New Mexico, office. He had been a special assistant attorney general for the state of New Mexico and senior trial prosecutor for the district attorney's office for Dona Ana County.
Judy A. Quan '80 is a member of the firm of Gardner & Quan in Newport Beach.
James O' Ehinger '81 is a partner in the firm of Jennings, Strauss & Salmon in Phoenix. He specializes in commercial litigation.
Michael A. Krahelski '81 has accepted the position of vice president and general counsel of Hyundai Motor Finance Company in Fountain Valley.
Jeffrey S. Lawson '81 has been elected to partnership in the firm of Reed, Elliott, Creech & Roth in San Jose. He specializes in environmental law. He and Lucinda celebrated the birth of their second child, Kathleen Karol, on January 3, 1990.
Julie S. Mebane '81 has become counsel to Shannahan, Smith & Stipanov in La Jolla. Her practice willinclude real property law with an emphasisin the area of commercial real estate transactions. Shealsoisactiveinthe San Diego County Bar Association, the American Bar Association and the Lawyers' Club of San Diego.
Steven Barmazel '82 and his wife Margaret are the parents of a daughter, Katherine Anne. The Barmazels are off to Pakistan for two years, where she will teach emergency medicine, he will continue as a freelancejournalist, and Katie willlearn to coo in Urdu.
Donald I. Berger '82 became a member of the firm of Morrison & Foerster in Los Angeles.
Victoria Jacobs '82 has formed a partnershipwith Timothy Murphy in Sacramento, Murphy & Jacobs. Their
practice is in the areas of insurance coverage and bad faith litigation, businesslitigation, construction and personalinjury litigation.
Karin Therese Krogius '82 is a partner in Rutan & Tuckerin Costa Mesa.
Daniel M. Mayeda '82 has become a member of Leopold, Petrich & Smith, wherehe continues to specialize in the defense ofstudios,newspapers and other media interests in copyright and libellitigation.
Rod Mills '82 is with the law firm of Seifer, Yeats, Whitney & Mills in Portland, Oregon.
Jay F. Palchikoff '82 became a partner of the law firm of Pettis, Tester, Kruse & Krinsky in Irvine.
Martin E. Rosen '82 hasbecome a partner of Barger & Wolen in Los Angeles.
Tom Sadler '82 has been named a partner in the Los Angeles office of Latham & Watkins. He specializes in corporate law with an emphasisin securities law and finance.
Mark A. Samuels '82 has become a partner of O'Melveny & Myers in the firm's Los Angeles office. He is a member of the Iitigation department.
David P. Schack '82 hasbecome a partner of Mitchell, Silberberg & Knupp.
Reed S. Waddell '82 has become a partner of Lillick & McHose in Los Angeles.
James B. Woodruff '82 is a partner in the firm of Graham & James in Los Angeles.
Elizabeth G. Chilton '83 hasbecome a partner in the Century City firm of Greenberg,_Glusker, Fields, Claman & Machtinger.
Patrick J. Evans '83 is a partner in lrell & Manella in the Newport Beach office.
Thomas N. Mueller '83 became a partner with Hamburger, Achermann, Muller, Heini & Partners in Zurich, Switzerland. Hornberger is associated with Baker & McKenzie.
David S. Reisman '83, an associate with Loeb & Loeb in New York City, married Emma Katherine Murray on February 5, 1989
Karen L. Stevens '83 is associated with the Los Angeles firm of George & Buch. She and her husband, David Brotman, gave birth to their first child, Alex Bradley, on November 3.
Steven B. Arbuss '84 is a partner in theCentury City law firm of Pircher, Nichols & Meeks. He is primarily involved in the firm'stransactional real estate practice.
Robert D. Lenhard '84 has joined the Jaw firm of Kirschner, Weinberg & Dempsey as an associate, after having worked with the United Mine Workers on the Pittston strike.
Michael P. Lewis '84 has become a partner in the law firm of Kindel & Anderson.
Jerrilavia Jefferson Mitchell '84 is associate corporate counsel for the AutomobileClubof Southern California. She and Dr. Gregory W. Mitchell are the parents of Jervonna V. Mitchell.
Gary W. Dzierlenga '85has become associate general counsel of Star Enterprise, a joint venture between Texaco and thegovernmentof Saudi Arabia.
Paul S. Friend '86 is a staff attorney with the Federal Home Loan Bank of New York in New York City.
Richard J. Grabowski '86 has become associated with Jones, Day, Reavis & Pogue in Irvine.
Harris J. Kane '86 has become associated with the firm of Rosenfeld, Meyer & Susman in Beverly Hills.
Nancy C. Kraybill '86 hasbecome associated with the firm of Hedges, Powe & Caldwell in Los Angeles. She was in private practice in Los Angeles prior to joining the firm.
Murray Markiles '86 is associated with the firm of Hill, Wynne, Troop & Meisinger in Woodland Hills, where he specializes in venture capital finance and securities and has expertise in the representation of high technology companies.
Bryan Hidalgo '87 has become attorney for music legal affairs for Columbia Pictures.
Joel H. Bernstein '88 has joined the Washington staff ofCongressman Don Ritter as a senior legislative assistant. His responsibilities are telecommunications, trade and economic issues. Bernstein was a communications attorney with Fletcher, Heald & Hildreth before joining the Ritter office.
D. Caroline Radparvar '89 has become associated with the firm of Rosenfeld, Meyer & Susman in Beverly Hills.
IN MEMORIAM
Harmon R. Ballin '58
Horace G. Hedley '60
Dudley M. Helm '61
Leon A. Pinney '55
Harold Rhoden '51
Lee B. Wenzel '57
Calendar ofEvents
Friday, August 3, 1990-American BarAssociationAnnualMeeting; Alumni reception anddinner to be held at the BerghoffRestaurant, 17 WestAdams Street, Chicago, 6:30 p.m.
Monday, August27, 1990-California State BarAnnual Meeting; Alumni luncheon to beheldat theMonterey Plaza. 12 noon-1:30 p.m.
Fall 1990-Winter 1991-Classesof '55, '60, '70, '75, '80 and '85 Reunionstobe announced.
Forfurtherinformation, contact the Law Alumni Officeat (213)825-2899.
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2, Show your interestbycheckingone ormore ofthe involvementopportunitieslistedhere. We'llfollow through.
