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Gary Schwartz: In Torts, Students Say He's God
by Ellen Klugman
oom.Zoom, bang, zoom.Talking to UCLA School of Law's Gary Schwartz is fascindting. You can almost see the sparks fly as electrical impulses shoot from neuron to brain synapse in order to keep pace with Gary Schwartz'smental processes.
Themanisbright.Notonlybright,butscholarly: an academician's academic.While on UCLA's law faculty, Professor Schwartz has published more than 16highlyrespectedlawreviewarticles,most of which are on tort law.
His rare ability to embrace intensive academic research is combined with a perhaps even more rare ability to teach well, a fact recently attested to when Schwartz received the prestigious Rutter Award for Excellence in Teaching for the 198687 academic year. In fact, Schwartz is the only UCLA School of Law professor to have won both the Rutter Award for Teaching and the Dwyer Award for Excellence in Research.
Schwartz teaches a first year class in torts, a small seminar in tort law and economics, and a class in administrative law. His first year class in torts is clearly a favorite, both from students'
points of view, and his own.
Student evalutation comments about Schwartz range from low key observations ("he is clear, concise,caring,andreallyremarkableinhisability tograsp andconveythe complexitiesoftortlaw") to veneration bordering on deification ("Gary Schwartz, you're the God of Torts, you make everything exciting and understandable!")
Professor Schwartz prefers to think that it's whatheteaches,nothowheteaches,whichdeserves the raves. "Torts is a great subject matter," he observes, "so I think it's a great course taught by anybody. Torts provides the battleground for all sorts of issues in legal history. In addition, the humaninterestfactorintortsishigh.Whathappens in tort law could happen to you or your family. Everyone can identify with the common-sense aspects of basic tort doctrines such as negligence and assumption of risk. These doctrines have strong appeal on the surface, yet they also are inexhaustiblydeep-hence,lawstudentscanstudy
Ellen Klugman '84 has written farthe New York Times, Wall Street Journal and other periodicals. She is a frequent contributor to this magazine.
tort concepts on any number of levels. Torts is a wonderful forum for anyone interested in exploring legal issues."
Torts hasn't always been Schwartz' forte. Nor wasteachinglawschoolalwaysinhisplans. While attending Oberlin College in Ohio at the tail end of the ·sos, Schwartz thought he might want to teach college or high school. When, in the fall of 1961, hedecidedtogotolawschool, heabandoned his ideas of teaching for a vision of working as a government lawyer for the Kennedy administration.
As a first year law student at Harvard Law School in the early '60s, he had a chance to do research on a major class action against then Attorney General Robert F. Kennedy, regarding prosecutorial discretion. During the summer following the first year of law school, the young Schwartz travelled to Washington, D.C., and Danville, Virginia, to provide legal assistance in civil
rights cases.
"There were some old 1870s statutes and early U.S. Supreme Court decisions interpreting those statutes which had been completely forgotten," Schwartzrecallsabouthisfirstsummerofresearch in Washington. Schwartz and his class chums dustedthemoffandsuccessfully resurrectedtheir usetobroadenandstrengthencivilrightsenforcement in such important areas as fair housing.
During that time he and his cohorts also worked with the House Judiciary Committee on what ended up as the Civil Rights Act of 1964.
Returning to Harvard Law School in the fall, Schwartzlearned that he had won the Sears Prize forhavingthehighestgradesinthefirstyearclass. It was then that the idea of teaching law school crept into his mind, although he wouldn't act on it untilseveralyears after graduation.
In the interim, he served as a member of the Harvard Law Review and then co-founded the
TERRY O'DONNELL!ASUCLA PHOTO SERVICE
Harvard Civil Rights-Civil Liberties Law Review, whichquicklybecameaverysignificantandhighly respected journal. Immediately after law school, he clerked for Judge J. Skelly Wright at the U.S. Court of Appeals in Washington, D.C. Thereafter, upon being appointed a Reginald Heber Smith Fellow,heworkedataNeighborhoodLegalServices Project office in that city. Schwartz then joined the legal department of the newly formed DepartmentofTransportationuntiltheresultsofthe1968 Presidential primaries convinced him to begin looking for a new job. Teaching was it.
The manner in which Schwartz went about choosing a teaching institution provides keen insight into the man and his motivations. "I went to the law library in the Department of Transportationandreadthroughissuesoflawreviews," he says matter of factly, as if every professorial candidate would conduct his or her search that way."Thelawreviewsusuallyhavefacultylistsand I found that UCLA had people like Karst, Mellinkoff, Horowitz, Morris and Wasserstrom. I knew their work well enough to appreciate that they were very impressive legal scholars."
A trip to Los Angeles convinced Schwartz that UCLA School of Law was his first choice. The visit persuaded him that UCLA provided a fine environment-committed to strong scholarship without having any hang-ups about the need for "perfect" scholarship.
With such an extensive background in civil rightslawandurbanlaw,fewwouldhaveexpected Schwartztomakehisacademicreputationintorts. "Given my involvement in the ideas of the era, I expectedto beteaching urban law,"heconcedes. "But I also wanted to teach a first year classandI feltalmost equallyattractedbyallfirstyear courses. I expressed a slight preference for torts, which the school was able to accommodate. All ofthisprovedquitefateful,sincetortshas become my primary area of scholarship."
Abit of understatement, perhaps. UCLA School ofLaw Professorandformer DeanBillWarrenwill tell you that Schwartz "has developed into one ofthemostabletortscholarsintheUnitedStates," a fact confirmed by the Association of American LawSchools'havingaskedSchwartztoputtogether and participate on a panel on tort law reform. He has recently been requested by the governments of Australia and Canada to consult on issues of tort liability and tort reform.
Schwartz prefers to leave the political aspects of torts to the politicians, however. "I relish the current tort crisis because it provides so many
opportunities for scholarship-but I myself have few pet reforms. I am content to do scholarship that matters, and to leave it to legislators and decision makers to bring their final instincts to bear," he explains.
Schwartz speaks rather haltingly, interrupting himself at this turn and that, as soon as a new thought springs into mental view. He talks about his law review topics with relish, as if each were achildofdifferentpersonalityrequiringaparticular kindofparentalattention.Whenaskedwhatarticle he considers his most important piece, he goes back to the first article he ever published in torts, "ContributoryandComparativeNegligence:AReappraisal", (87 Yale Law Journal, 697-727 (1978)]. It's no wonder. The article was the first in a trend of legal scholarship to question an excessive emphasis oneconomicstoexplainhuman motivation and conduct in the area of tort liability.
How does Gary Schwartz come up with ideas for his works of scholarship? "Many articles may start with idiosyncratic, if not eccentric origins," he observes. "I occasionally will map out a whole article in advance, but that varies. You may or may not have a primary idea you're trying to sell to other legal scholars. That's one kind of article. Sometimes, instead, you begin with a subject matter that you simply want to explore. However you begin it, writing an article is rather like writing a novel. It can take just as long-and as withanovel,youcanendupwithsomethingquite differentthanwhatyou'doriginallystartedwith."
AccordingtoSchwartz,theprocesscantake "as little as four months and as long as four years. Part of the reason is that there's often a huge learning period involved. For instance, to do an article on tort liability insurance, you have to educate yourself fully on both actual insurance practices and theoretical insurance economics. There's nothing short or unambitious about most articles." Indeed, there isn't. One of Professor Schwartz' own articles is over one hundred pages in length and contains 600 footnotes.
Schwartz is currently working on a law review article which is a follow-up to an earlier article which challenged legal historians' traditional interpretation of 19th century tort law as almost exclusivelypro-industry."TortLawandthe Economy in Nineteenth-Century America: A Reinterpretation," 90 Yale Law Journal 1717-1775 (1982) wasapainstakingexaminationoftortlawdecisions in two states during the 19th century. Schwartz' researchrevealedthatcontrarytopopularopinion and except in tort decisions regarding employees,
judges were reasonably tough on industry, often resolving doubts in favor of the plaintiffs. The article reached a large audience and has influenced legal historians' view of that era. Schwartz' sequel to that article will examine an additional three jurisdictions and will attempt to explain this surprising trend.
Gary Schwartz' meticulous scholarship is indicative of his willingness to go beyond the usual accepted standards of excellence in other areas of his profession, as well.
For example, if he's teaching a case or writing about it, he's apt to call the lawyers involved to interview them and to find out what actually happened at the trial and what factors may have influenced the outcome of the case. This commitment which extends above and beyond the norm is also evident in his faculty activities outside the classroom.
"He's made a greater personal investment in recruiting law school faculty than anyone I know," says UCLA School of Law's Michael Asimow, who, like Schwartz, teaches administrative law. Associate Dean Carole Goldberg-Ambrose agrees. "Gary brings a thoroughness of inspection and consideration to everything that he does," she notes. In his role on the School of Law's appointments committee, which is charged with the responsibility of interviewing candidates for law professor openings, "if he gets a lead about some quality of a person we're looking at, Gary will follow up with as many phone calls as it takes to check it out,"
reports Dean Goldberg-Ambrose.
"Whether it's a personal matter or an issue of scholarship, you can almost see him turning it around and seeing it from every side and nuance," she adds.
There's definitely something a bit Clark Kentish about Gary Schwartz. He's relatively reserved, methodical in thought and movement, and, of course, he wears heavy-framed glasses. So it's no real surprise to hear about the time, several years ago, when Gary Schwartzwalked into his classroom and all his students had secretly arranged to wear tee shirts displaying the legal citation to one of his law review articles. Having been tipped off in advance, Schwartz removed his coat, tie, and own shirt to reveal a SuperSchwartz tee underneath.
When asked about the episode, Schwartz again assumes a Clark Kent-like expression and deadpans, "There is a spontaneous, unorthodox humor that I am sometimes able to display in class."
"I find the classroom an exercise in controlled spontanaeity. It resembles improvisational theater-which means, among other things, that you don't know if an individual class is going to be merely average or instead really successful. This gives you all the more reason to gather your wits and care about how class goes."
From what faculty and students seem to say, Gary Schwartz cares a lot and class goes well. Even Superman couldn't ask for more.D ,,l'
Federal Tax Reform: Substance and Illusion
erving special interests is a trend entrenched in the long history of the federal income tax. The 1986 tax reform measureswentasignificant distance in reversing the favored treatment of special interests-but, in time, some of the loudly-heralded reforms will prove to be illusory.
That view emerges in the 1987 edition of the respected tax casebook Klein, Bittker and Stone onFederal Income Taxation. UCLA ProfessorWilliam Klein is now principal editor of the work. Theneweditionanalyzesmostofthe1986 reforms as steps in the direction of sound taxation principles, but it also points to some illusory and deceptive measures which the reformers adopted in their struggle to maintain revenues while reducing tax rates.
The longer perspective of history is needed to understandthepresentfederalincometaxreforms.
"History reveals a tax that was opposed [when first adopted in 1913) with great fervor, and, one must suppose, with a sense of high principle by most of those people on whom it was imposed," the casebook notes. As time passed, though, administrators and courts became less begrudging and narrow in their approach to interpreting tax law-and more receptive to sound tax theory.
Historically, federal tax policy has waffled be-
tween fairness for all and favored treatment for specialinterests. "Overtheyears,asCongresshas increasinglyusedtheincometaxtoachievenontax objectives, much of the income tax's potential appeal to one's sense of fairness has been undermined."
In that context, the 1986 reforms may be seen "as the mostimportantsetofchanges indecades," writes Professor Klein.
"It was as if members of Congress said to themselves, 'enough is enough."' The dilemma of 1986washowtoachievereformwhilemaintaining "revenue neutrality" (neither an increase nor a decreasein total revenue]. Aloweringoftax rates and an increase in tax exemptions required a long list of revenue raising provisions.
"Whilemostofthechangeswereinthedirection of sound principles of taxation, others seemed mostly a response to an intense need to produce revenuetooffsettheloweringofrates.Inthelatter category, for example, was a drastic limitation of a longstanding provision allowing the deduction by some individuals of certain expenses incurred for the production of income."
A more important provision, Klein notes, was repeal of the Investment Tax Credit, while a substantialreductioninthedepreciationdeduction for real estate and the adoption of limitations on the deduction of passiveactivitylosses "virtually
shut down the tax shelter industry." These are, of course, among hundreds of changes.
"Tosomedegreecomplexitywasreduced. Many low-incometaxpayers were taken off the roles by the increase in exemptions. The elimination of the capital gain preference will no doubt make tax life simpler for many individuals and firms. The crackdown on tax shelters similarly will reduce wasteofhumanresourcesdevotedtoplanningtaxmotivated investments and to resolving disputes between the government and taxpayers over the more aggressive of such ventures."
All of that having been said, it is still an
understatement that vast complexity remains. Professor Klein names four leading candidates as the most important reforms of 1986.
"First, the lowering of the maximum individual ratemeansastrongshiftawayfromaprogressive individual income tax. The result is likely to be that the share ofnationalincome andwealththat windsupinthehandsoftheaffluentwillincrease.
"Second, the lower maximum rates may have a significant effect on incentives to work. Total output may increase, so that even if the rich get richer, the rest of the people may be better off.
"Third,withtheeliminationofvariousprovisions
benefiting particular economic activities, investment decisions will be influenced to a lesser extent than before by tax considerations. Only time will tell whether Congress's discovery of an ability to say no to some powerful special interest groups is the beginning of a new trend or only a temporary aberration.
"Finally, there will be a substantial shift from taxes imposed on individuals to taxes imposed on 'business.' Anyone with a serious concern for tax policy must always keep in mind the reality that tax burdens can only be borne by people, not by 'business' or by 'corporations.'
It is in this area that Professor Klein makes his most severe criticism of illusory reforms.
"Imposing a heavier tax burden on 'business,' while reducing direct taxes on individuals, does not in reality reduce the burden on individuals. It is instead a substitution of indirect or hidden taxes for direct or visible ones.
"Proponents of the 1986 legislation relied on the idea that shifting part of the individual tax burden from individuals to business firms was going to make individuals better off. In doing so, they revealed their ignorance or their dishonesty. In fact, all they did was encourage the illusion that it is possible to get something (individual tax reduction) for nothing."
The 1986 legislation reversed a trend of 20 years. The reformers "moved from visible taxes toward hidden taxes; from taxes that we cannot help but notice to taxes that we can easily forget. In the long run," Klein concludes, "the big spenders, now on the defensive, may have the last laugh."
"THE CURRENT TAX system governing corporations and their shareholders lacks consistency, equity and neutrality," observes Professor Eric Zolt, whose research is focused on the need for corporate tax reform following passage of the Tax Reform Act of 1986. Zolt, a former tax partner at a major Chicago law firm, is beginning his third year on UCLA's faculty; his clarity, humor and apparent ease in analyzing tax issues are among the attributes which led 1987's graduating law class to name him Professor of the Year.
Most of the changes put in place by the 1986 Act affected the individual tax system. "Congress did not have the political energy or enthusiasm to consider major corporate tax reform proposals," says Zolt. "Several areas are ripe for reform and certain basic decisions about the structure of the
corporate tax system need to be resolved.'' Which is not to say that the 1986 Act did not affect the corporate tax system. The 1986 Act made three majorchangeswhichhaveapervasiveimpact on the corporate tax system: (1) the repeal of the rate preference for capital gains, (2) the significant rate reductions for individual and corporations coupled with the maximum corporate rate now exceeding the maximum individual rate, and (3) the repeal of the General Utilities doctrine, so that corporations are unable to transfer appreciated property to shareholders without acorporate-level tax.
Before the 1986 Act, the individual and corporate tax system contained several imperfect checks and balances against biases created in other parts of the tax system. Zolt explains: "The existence of a separate corporate tax system, for example, creates a bias against investment in the corporate sector because only corporations, as opposed to proprietorships, partnerships and S corporations, are subject to an entity level tax. Similarly, the individual and corporate tax systems combine to create abiasagainst dividend distributions because of the 'double tax' imposed: first, at the corporate level when the income is earned, and then at the shareholder level when the income is distributed. The corporate tax system also creates a bias in favor of debt financing over equity financing because interest payments, but not dividends, are deductible for corporate income tax purposes.
"These biases are in large part offset because the individual tax system created a bias in favor of equity financing over debt financing. The'�individual tax system affords an opportunity to defer shareholder level taxation on earnings > retained in corporate solution because shareholders are taxed on corporate earnings only if, and when, such earnings are distributed. In addition, ·'the individualtaxsystemallowedthepossibilityeither to extract those earnings at favorable capital gains rates or to avoid any shareholder level tax if the stock is held until the death of the shareholder. The combination of the deferral of the shareholder level tax, the comparatively lower corporate rate on retained earnings (as opposed to the applicable individual tax rate if the retained earnings were in shareholders' hands), and the favorable capital gains treatment for certain distributions was often more than sufficient to offset the extra level of taxation."
In effect, the 1986 Act changes upset the compensating biases which had been in place in the individual and corporate tax systems-so that
now the costs of operating in the corporate form have been systematically increased.
"Each of the 1986 Act changes, when considered in isolation, arguably represents a significant improvement over pre-1986 Act law," Professor Zolt observes.
"In combination, however, they result in the elimination of the major tax advantages for adopting the corporate form. With no mechanism for eliminating or reducing the double tax on distributed corporate earnings, taxpayers will reexamine the form, capital structure, and operation of the or-
ganization.
"If no further changes are made to the tax system, there will be a wholesale erosion of the corporate tax base and inefficient and costly transactions motivated solely by tax considerations. Taxpayers will, wherever feasible, restructure their organizations either to elect to be taxed as an S corporation (a special type of entity for tax purposes where tax items are generally passedthrough to the shareholders) or liquidate and operate in partnership form.
"Those corporations which can qualify for S
corporation treatment will almost automatically elect. New entities, absent very strong non-tax reasonsforusingthecorporateform, willorganize as partnerships.
"Those entities staying as corporations will have increased incentives to minimize corporatelevel income, even at the cost of additional shareholder-leveltaxliability.Disguiseddividendtechniques,suchasexcesscompensationtoshareholderemployeesandbargainsalesofcorporateproperty, will be more tempting."
"Disequilibrium"isawordwhich Professor Zolt at times uses to describe the present state of the corporate tax system.
"Action is needed to stem the flow of inefficient and costly transactions motivated solely by tax considerations," Zolt says. "Simply stated, the corporatetaxsystemneedstomoveeitherforward
or backward."
Congress could "move the tax system forward by integrating the individual and corporate tax systems by effectively eliminating the double tax on distributed corporate earnings," Zolt suggests. "Alternatively, Congresscanmovethetax system backwardbyrestoringsomeofthetaxadvantages of operating in the corporate form, that is, by reducing the maximum corporate tax rate below the maximum individual tax rate and restoring the capital gains rate preference."
Ashepursueshisresearchinthemonthsahead, ProfessorZoltintendstoexaminetheconsequences of both responses-to test the merits of either adoptingaproposaltointegratetheindividualand corporate tax systems or to restore some of the tax advantages for operating in the corporate form.O
Congratulations, Class of '87!
The day was one of well-deserved pride in achievement, both by the 295 graduates of the Class of '87 and by their families present for the ceremony on May 24. California Chief Justice Malcolm Lucas admonished those soon to enter the legal profession that while "winning can take many forms, it should not be at the cost of justice." Joseph E. Kennedy '87, one of the class
speakers, said the ideal lawyer must have both a tough mind and a tender heart. "The outrage which a tender heart can produce is of no value by itself," he said, as he called to mind Martin Luther King's image of the "idealistic realist." Toward that ideal, Kennedy concluded, "UCLA has prepared us well"-and "it did so without hardening ourhearts."
The Faculty
Benjamin Aaron became professor emeritus in July 1986. He attended the seventh World Congress of the InternationalIndustrialRelations Association in Hamburg, and presided at the second European Regional Congress of theInternational Society for Labor Law and Social Security [of which he is president) in Jesolo, Italy. While in Europe, he gave an address, "Current Developments in Labor Relations in the United States," at the headquarters of the Federation of Netherlands Industry, in The Hague.
Al a conference commemorating the 40th anniversary of the UCLA Institute of Industrial Relations, Aaron gave the first annual Benjamin Aaron Lecture, "The Role of Public Policy in the Employment Relationship."
Aaron attended the fifth National Convention of the Industrial Relations Society of Australia in Adelaide, and presented a paper, "Compulsory Arbitration-Is There an Alternative?," which has since been published in Compulsory Arbitration-The Australian Way? [1987). He also presided at the Fourth Regional Asian Congress on Labor Law and SocialSecurityin Singapore. While attending the annual meeting of the ILO Committee of Experts on the Application of Conventions and Recommendations in Geneva, Aaron gave a lecture under the auspices of the International Institute for Labor Studies on "New Trends in Labor Law in the United States."
A paper on "Rights of Individual Employees under the NLRA," which Aaron presented at a 1985 symposium on "The Labor Board at MidCenlury," has been published in Morris [ed.), American Labor Policy [1987).
Richard Abel presenteda lecture on "Legal Professions in the Civil Law World" at the annual meeting of the American Society for Comparative Law, which will be published in the Brigham Young University Law Review. He gave two talks on the so12
ciology of lawyers at Carnegie-Mellon University. He was a "distinguished lecturer" in the School of Justice Studies, Arizona State University, and his talk on "The Contradictions of Legal Professionalism" will be published by the school in a collection of essays. The first volume in a three-volume series-"Lawyers in Society: The Common LawWorld"-willbe published by the University of California Press in the fall of 1987 [Professor Abel edited it withPhilip Lewis of All Souls College, Oxford); the next two volumes will appear at roughly six-month intervals.
Professor Abel's book Lawyers in England and Wales will be published by Basil Blackwell in the fall of 1987. He gave a talk on "The Real Tort Crisis-Too Few Claims" al a mini-workshop of the Association of American Law Schools; it will be published in the Ohio State Law Journal this summer. "The Paradoxes of Legal Aid" appeared as a chapter in Jeremy Cooper and Rajeev Dhavan, eds., Public Interest Law [Basil Blackwell, 1986).
Norman Abrams was the Forchheimer Visiting Professor al the Hebrew University Law Faculty in Jerusalem during the Spring semester, 1986. While in Israel, he also lectured on "Current Trends in American Criminal Law" al the Israeli Institute for the Continuing Education of the Judiciary and was a panelist on the subject of "The Victim and Prosecutorial Discretion " at a conference sponsoredby the Israeli Institute of Criminology al the Tel Aviv Law Faculty. His casebook, Federal Criminal Law and Its Enforcement [West) was published in May 1986, and his article titled, "Organizational Crime Statutes in the United States" appeared in a volume titled, Gvurot Le Shimon Agranat-Essays in Honour of Shimon Agranat [Jerusalem 1986), the only English language article in a Hebrew volume published in honor of the retired Chief Justice
of the Israeli Supreme Court. On campus, Professor Abrams continues as chair of the steering committee of the Center for International and Strategic Affairs.In Fall 1986, he chaired a panel at the UCLA All Alumni Day programthat featured U.S. Court of Appeals Judges Alex Kozinsky and Dorothy Nelson and also chaired a panel on "U.S. and Soviet Attitudes toward Terrorism" at a conference on Soviet-American competition in the Middle East sponsored by the Center for International and Strategic Affairs. He will give a paper titled, "New Kinds of Crimes-New Surrogate Offenses and Discretion in the Criminal Law" at a plenary session of aninternationalconference on "Reform of the Criminal Law" at the Inns ofCourt,London inJuly 1987.
Abrams has also begun work on theeighthedition of EvidenceCases and Materialsthat he co-authors with Judge Jack 8. Weinstein and Professors John Mansfield and Margaret Berger. A new edition of the Evidence-Rules and Statute Supplementto the casebook will appear in August 1987.
William Alford has spent the 198687 academic year on a sabbatical made possible by the inaugural O'Melveney & Meyers Centennial Grant (for which he was chosen from a field of over 100 applications). He has devoted most of the year to a study of the historical development and present character of intellectual property law in China, Taiwan, Korea and Japan "interviewing dozens of officials, attorneys, and business people throughout Asia and the U.S., pouring over musty archives, and traipsing through the back-alleys of Taipei with private eyes in search of counterfeit goods."
During the six months that he spent in Asia, Professor Alford also found time to do the following: teach at the China Center for American Law Study (together with faculty from Stanford, Columbia and Yale), which was held at Peking University in July; spend a month at the Southwest China Institute of Politics and Law in Chongqing, Sichuan, lecturing on international law, holding seminars, and preparing a report for the intem�tional Advisory Panel [jointlyestablishedbythe World
Bank and the Chinese government to monitor the bank's loan to the PRC for university development); give a talk to the leadership of the Copyright Office of the PRC; and conduct interviews for the Committee on Legal Education Exchange with China for Chinese legal scholars hoping to study in the U.S.
Closer to home, Professor Alford delivered lectures at the Columbia University School of Law and the Northwestern/Lewis & Clark School of Law where he was keynote speaker for the InternationalLaw Society's inaugural International Law Day. He also was asked to help in the planning of Attorney General Meese's upcoming trip to China, in addition to continuing to provide counsel regarding China to a number of foundations, governmental bodies, and other not-for-profit entities. At UCLA, Professor Alford was one of 13 faculty members from across the campus named to the Chancellor's Strategic Planning Committee which
will work for eight months with Chancellor Young in mapping the University's course for the early 21st century.
During the 1986-87 academic year, Professor Alford published two articles, "The Inscrutable Occidental: Roberto Unger's Uses and Abuses of the Chinese Past," in Texas Law Review, and "On the Limits of 'Grand Theory' in Comparative Law," in the Washington Law Review, and had a third, entitled "When is China Really Paraguay? An Examination of the Treatment of Nonmarket Economy Nations under the Trade Laws of the U.S.," accepted by the Southern California Law Review. In addition to his research as theO'Melveny & Myers grantee, ProfessorAlford is also at work on anarticleon China's resumption of her seat in the General Agreement on Tariffs and Trade. He also has been named as editor of the Hong Kong, Chinese language journal, Law and Economy, while also
continuing as an editor of numerous U.S. journalsin the international and comparative law fields.
Professor Alford will serve as Executive Directorof the 1987 session of the China Center for American Law Study which will be held this year at Peking University and will include on its faculty Dean Betsy Levin of the University of Colorado Law School, Professors David Binder of UCLA, Drew Days of Yale, and Stanley Siegel of NYU. At the center, for which he has secured a substantial grant from the U.S. Information Agency, he will offer a course on international economic law.
During the upcoming academic year, Professor Alford will be participating in major academic conferences at Columbia and Duke, and deliver a campuswide address at Grinnell College.
Abdullahi Ahmed An-Na'im, visiting at UCLA from the University of
Khartoum, has published an Arabic language book, Sudanese Criminal Law: The General Principles of Criminal Responsibility, and two articles, "Religious Minorities Under Islamic Law and the Limits of Cultural Relativism," 9 Human Rights Quarterly 1 (1987), and "Islamic Law, International Relations and Human Rights: Challengeand Response," 20:2 Cornell International LawJournal (1987). Professor AnNa'im's conferencepresentationsinclude a paper on Human Rights in Islam at aconferenceon Contemporary Islam, Universityof Missouri; a paper at the Symposium on Human Rights and International Relations in Islamic Law, given by the UCLA Law School and Center for Near EasternStudies; a paper at the Seventh AnnualInternational Human Rights Symposium and Research Conference, Columbia University; and a paper the Fourth Annual Whittier International Law Symposium, Whittier College of Law, Los Angeles.
Peter Arenella is currently working on a book tentatively titled In Praise of Blaming: The Centrality of Character, which examines the moral theory underlying the criminal law's assumption that most criminal defendants qualify as moral agents who can fairly be held morally responsible for specific culpable acts. This book critiques the conventional wisdom endorsed by most legal responsibility theorists that we blame criminals solely for their culpable acts, and not also for their blameworthy characters. Its central thesis is that our vision of ourselves as moral agents and our evaluations of when we deserve to be held morallyresponsiblefor what we do, depends, in part, on a normative vision of human nature that presupposes we are morally responsible for our characters as well as our actions.
In May, Professor Arenella presented a paper at the AALS Teaching Conference on Criminal Law and Criminal Procedure that examined battered women self-defense
cases.
Professor Arenella has appeared on national and local television to comment on criminal cases such as the Goetz case and important Supreme Court decisions in constitutional criminal procedure. Last summer, he wrote an article on the Burger Court for the Los Angeles Times, which was reprinted by the International Herald Tribune. He was also recently honored for his teaching, scholarship and public service by the Lyceum, an ItalianAmerican honorary society.
He served as the chairperson of the AALS Planning Committee for a national teaching conference in criminal law that was held at the University of North Carolina at Chapel Hill in May. He isalsoa member of the American Bar Association's Grand Jury Committee and the reporter of the ABA's Model Grand Jury Reform Act.
Michael Asimow is completing his administ-rative law casebook which
emphasizes both state and federal administrative law. He is a member of the national governing board of Common Cause.
Asimow has given several talks to attorneys and real estate professionals on the new tax rules relating to the deduction of passive losses. He has also written an article and given several lectures on family law taxation. He taught a course on corporate taxation for Internal Revenue Service attorneys and delivered a lecture on law school fundraising under the new tax law at the annual meeting of the American Association of Law Schools.
Paul Bergman is at work on a lawyer's edition of his Fact Investigationbook with David Binder. Professors Bergman and Binder are also working on a second edition of Binder & Price, Legal Interviewing and Counseling.
Professor Bergman has three articles being published in 1987: one analyzes ambiguity in the context of the "catch-all" exception in the Federal Rules of Evidence; another suggests that people process information differently when they read and write than when they speak and listen; the third promotes the idea of law school classroom simulations which are devoid of legal context.
David Binder gave a lecture at an Association of American Law Schools workshop on Clinical Legal Education in San Antonio, titled "Using Analysis as a Springboard for Imagination," in March 1987. He also completed development of a computerized system that can be used for tracking evidence during the discovery stages of a lawsuit. He hopes the system will be available to other law schools and law firms by Fall 1987.
Grace Blumberg's book Community Property in Californiawill be published in June by Little, Brown. She published an article in the June 1986 UCLA Law Review entitled "Marital Property Treatment of Pensions, Disability Pay, Workers' Compensation and Other Wage Substitutes: An Insurance, or Replacement, Analysis." Professor Blumberg gave a talk on marital property treatment of human capital and career assets at the Property section of the Amer-
ican Association of Law Schools in Los Angelesin January 1987. She is currently working on an article on this subject.
Daniel Brenner published, with Monroe Price, Cable Televison and Other Nonbroadcasting Video: Law and Policy [Clark, Boardman Co., Ltd.) and will be publishing the first update in 1987-88. He is at work on an article on cable franchising and the First Amendment, and spoke on this topic at the Association of American Law Schools MassMedia Section meeting in Los Angeles, the Center for the Study of Democratic Institutions in Santa Barbara, and the Sports and Entertainment Law Society at Harvard Law School. He will chair the cable television panel at the 15th annual Airle House Conference on telecommunications policy research in Virginia this September and ischair-elect of the AALS Mass Communications Section. He also spoke on cable access channels and the First Amendment to the Los Angeles Regional Board Meeting of the Anti-Defamation League and on broadcast reform issues to the Association of Maximum Service Telecasters at Rancho Bernardo. Along with Professor Firestone, he co-chaired the Fifth Biennial UCLA Communications Law Symposium at the Beverly Hilton Hotel in March. He is also at work revising course materials for his communications regulation and entertainment law courses.
Professor Brenner was also confirmed by the U.S. Senate to a fiveyear term on the Board of Directors, Corporation for PublicBroadcasting, and serves as its Audit Committee Chair. He also serves on the Board of Directors of the Corporation on Disabilities and Telecommunication.
Professor Brenner's locally originated cable television show featuring classic films, "Silver Cinema", was nominated in February by the ational Cable Television Association for an Ace Award, the industry's highest programming honor.
Kimberle Crenshaw spoke on "Black Women and Feminism" at the Conference on Women and the Law and was a presenter at the Law and Society annual meeting in Chicago. She also spoke on "Isms in the Classroom" before the Harvard Women's
Law Association and at a UCLA Extension seminar on theConstitution. Her article, "Race Reform and Retrenchment-Transformation and Legitimation in Antidiscrimination Law," is forthcoming in the Harvard Law Review.
Jesse Dukeminier published "A Modern Guide to Perpetuities" in the December 1986 issue of California Law Review. He has also finished "The Uniform Statutory Rule Against Perpetuities: 90 Years in Limbo," to be published in thesummer of 1987, and prepared the manuscript for the second edition of Dukeminier & Krier, Property, published by Little, Brown.
He was chair of the local arrangements committee of the Association of American Law Schools meeting in Los Angeles in January, and is currently serving as advisor for the Second Restatement of Property volume on land servitudes.
Julian Eule's piece, "Temporal Limits on the Legislative Mandate" appeared in the Spring 1987 issue of the American Bar Foundation ResearchJournal. Two shorter articles are also due to be published soon, "Preventing the Third American Revolution" scheduled for the Fall issue of the Beverly Hills Bar Association Journal; and "Curbing State Burdens on Interstate Commerce: The Judicial Thumb on the Feudalism Scale," in Vol. 10 No. 3 of the Urban, State and Local Law Newsletter.
Professor Eule delivered several speeches on the legal problems surrounding the AIDS crisis: in September at the All Alumni Day; in October at the UCLA School of Law's AIDS Conference on Legal Rights in Conflict; and in January at the AALS Workshop on AIDS. He also spoke for UCLA Extension's program on the U.S. Constitution's Bicentennial, titled "Our Commercial Republic," and to Los Angeles County Appellate Judges on "The Dangers of a Slavish Adherence to Framers Intent."
Eule taught the Federal Judicial Center's Constitutional Law Seminar for 75 federal judges in June 1986, and will again serve on the faculty for the seminar in June 1987 for a new set of 75 judges.
Charles M. Firestone was a panel speaker on "Cable Television Transfers" at the National Association of Telecommunications Officers and Advisers annual conference; he was a panelist on "Cable Television Franchise Renewals" at the League ofCaliforniaCities annual conference; and was presenter to a roundtable discussion on "Cable Television Franchising and the First Amendment," at the Center for the Study of Democratic Institutions, where his position paper was titled, "Cable Television and the First Amendment."
Robert Goldstein's book, MotherLove and the Law ofAbortion, has been accepted for publication in 1988 by University of California Press. It attempts to develop an interpretation of Roe v. Wadeusing psychoanalytic theory.
He is also participating in the UCLA study group on homelessness and social policy, and is embarking on a study of the 1888 Civil Rights Act.
Ken Graham was chosen as a 1987 recipient of UCLA's Distinguished Teaching Award. The award was presented by the UCLA Alumni Association at ceremonies in June.
Joel Handler's book, The Conditions ofDiscretion: Autonomy, Community, Bureaucracy was published last summer by the Russell Sage Foundation. The book explores cooperative decisionmaking in special education programs. Handler is continuing similar lines of inquiry concerning community care for the frail elderly poor.
He is giving a paper on "The Citizen and the Welfare State: The Postmodern Searchfor Community" at the annual Law and Society Association Meetings in Washington, D.C. He is also continuing his work as a member of the National Academy of Sciences' Committee on the Status of Black America, and serves as chair of the subpanel on Political Participation and the Administration of Justice.
Edgar Jones is completing his 36th year on the law faculty. He continues to teach labor law and arbitration, to arbitrate labor disputes, and to write in the area of employment relations. He participated in the
American Bar Association's Labor Law Section Panel at the New York annual meeting in August 1986, on Privacy and the Employment Relationship, discussing the legal and practical impacts ofpolygraphing on employees and employers. He has been at work on a chapter on "Due Process and the Labor Arbitrator" for a Matthew Bender treatise on labor arbitration. He has recently completed a chapter on "American Civil Liberties and the Polygraph" for an English volume of essays about polygraphing, edited by University of Southhampton Psychology Professor Anthony Gale; meanwhile he continues work on an article surveying "The Torts of Polygraphing." Finally, he has entered into a contract with Commerce Clearing House for a treatise entitled Individual Employment Rightsdue for publication in early 1989.
Kenneth N. Klee, a member of the part-time faculty, updated "The Effect of Bankruptcy on Franchising" in Franchisingby Glickman, 1987. He spoke on the 1986 bankruptcy amendments and aspects of Chapter 11Law in American Law Institute and American Bar Associaton continuing legal education programs. He also participated in the UCC Annual Institute and the California Bankers' Seminar lecturing on the interface ofpreferences with Article 9. In 1987, he spoke at the First Annual Northwest Bankruptcy Institute in Portland, Oregon; at the Attorney General's Advocacy Institute in New Orleans; and at the Western States Bankruptcy Institute in Jackson Hole, Wyoming.
During 1986-87, Klee served as presidentof the FinancingLawyers Conference and as a member of the executive committee of the National Bankruptcy Conference. He also served as chairman of the subcommittee on new and pending legislation of the business bankruptcy subcommittee of the Section on Corporations,Bankingand Business Law of the American Bar Association.
He will participate in the Annual Meeting of the National Conference of Bankruptcy Judges in October on a panel discussing Judicial Activism and Restraint in Bankruptcy Cases.
William Klein published the second edition of his book, Business Orga-
nization and Finance, now co-authored with Professor John C. Coffee, Jr. of Columbia Law School. The seventh edition of the tax casebook of which he is now principal editor, Klein, Bittker, and Stone, Federal Income Taxation, will be published in the summer of 1987. It includes changes required by the 1984 and 1986 acts.
Leon Letwin published a coursebook, Evidence Law: Commentary, Problems and Cases, with Matthew Binder. The book deemphasizes judicial opinions as the way to convey the basic ideas,distinctions and policies in the field of evidence, and extensive commentary and problems as the principal materials for exploring the underlying concepts. Letwin is beginning work on a civil procedure coursebook that, among other things, will compare the civil and criminal treatment of analogous procedural problems.
Henry W. McGee Jr. was the keynote speaker at a housing conference in January at the State University of New York at Albany, reading his paper entitled, "Tragedy and Promise: Housing Opportunity in an Era of Scarcity." During February, Professor McGee moderated a monthlong, four lecture symposium at the School of Law entitled, "Black Americans and the Constitution: An Alternative Vision." The series of four lectures commemorated the Bicentennial of the Constitution and featured an address by Judge A. Leon Higginbotham Jr. of the U.S. Court of Appeals in Philadelphia. The judge's address was also the inaugural lecture in a projected annual "Thurgood Marshall Lecture on Law and Human Rights" sponsored by the UCLA Center for Afro-American Studies.
During the spring, Professor McGee was Visiting Professor at the Federal University of Rio de Janeiro's Graduate Program in Urban and Regional Planning. Prior to his visit to Brazil, McGee organized a conference in November at the UCLA Faculty Center, sponsored by the School of Law and the UCLA Latin AmericanCenter, entitled "Latin America and Law School Curricula."
Consistent with his interest in comparative studies, Professor McGee's re.cent publications include "Counselfor the Accused and Met.
amorphosis in Spanish Constitutional Rights" which appeared in June in Volume 25 of the Columbia Journal of Transnational Law.
CarrieMenkel-Meadow published "Gendered Justice-A Review" in the Berkeley Women's LawJournal, "TwoContradictoryCriticisms of Clinical Education: Dilemmas and Directions in Lawyering Education" in the Antioch LawJournal, "The Feminization of the Legal Profession" in Osgoode Hall Law Journal, "Dispute Resolution: The Periphery Becomes the Core" in Judicatureand several shorter book reviews in several law journals.
Professor Menkel-Meadow was appointed to the National Academy of Sciences, Committee on National Statistics, Panel on Quality Control in Family Assistance Programs which will be reporting to Congress this spring and fall on important welfare policy issues. She was also appointed to the Association of American Law Schools Committee
on Accreditation and was elected chair of the AALS Section on Alternative Dispute Resolution. She participated last fall in the conference organizing committee for the Conference on Critical Legal Studies on Racismand the Lawwhich took place in Los Angeles in January. At the annual AALS meeting she spoke at the "Emerging Traditions in Legal Scholarship" panel on clinical education and she delivered a talk on "ethics in negotiation" to the alterantive dispute resolution section. She also served on the conference planning committee for the UCLAWarwick First International Conference on Clinical Scholarship held in October at Lake Arrowhead and led a panel discussion on "The Clinic as a Social Science Lab".
Professor Menkel-Meadow is currently working on a long-term research project on women in the legal profession, both in the United States and abroad. She lectured on this subject at the Clara Brett Martin Feminist Legal Theory Workshop
at the University of Toronto, Harvard Law School and at UCLA's conference on Women and Work, sponsored by the UCLA Center for the Study of Women, Institute for Social Science Research and the Institute of Industrial Relations. She gave the keynote address entitled "Excluded Voices: New Voices in the Legal Profession Making New Voices in the Law" at the University of Miami Law School's conference on Excluded Voices, Realities in Law and Law Reform.
In addition, Menkel-Meadow was appointed to the editorial board of the Negotiation Journal, edited by the Harvard Negotiation Project. This summer she will serve on the faculty of the AALS Classroom Teaching Clinic-a program designed to help law professors learn how to teach-and she is serving as one of the convenors of a national conference on scholarship about women in the legal profession at the Institute of Legal Studies at the University of Wisconsin Law School.
This fall Professor Menkel-Meadow will be on sabbatical.
Stephen R. Munzer will spend a fall sabbatical working on the theory of property rights.
Frances Olsen was voted a Visiting Fellow at Oxford University and is spendingthe spring on sabbatical leave at New College, Oxford, where she has just finished co-teaching a class in Feminist Issuesin Legal Theory. Her research at Oxford has focused onphilosophy, English law, and feminism. She has begun writing a book on legal theory.
Professor Olsen published "From False Paternalism to False Equality: Judicial Assaults on Feminist Community, Illinois 1869-1895" in 84 Michigan Law Review1518 (1986). This article is part of an ongoing project on legal history which is examining the relationship between class and gender. Her article "The Family and the Market: A Study of Ideology and Legal Reform," 96 Har-
vard Law Review1497 (1983) has been selected for a forthcoming book on Critical Legal Theory, edited by Allan Hutchinson. Her article was also republished by ZERP as part of the background materials on American legal theory for the German participants in a German-American conference held in West Germany.
At the annual meeting of the Association of American Law Schools, Professor Olsen spoke with Robert Paul Wolff and others on a panel, "Marxism and Alienation," sponsored jointly by the Section on Law and Humanities and the Section on Jurisprudence. She served on the organizing committee for and acted as a group facilitator at the Conference on Law and Racism sponsored by the Conference on Critical Legal Studies, held in Los Angeles, January 6-8.
Since arriving at Oxford, Visiting Fellow Olsen has presented two papers in London: "Feminism, PostModernism and Critical Legal Stud-
ies," as part of the Research Seminar Programme sponsored by University College, London; and "Feminism and the Law" at Middlesex Polytechnic. On April 9, she presented a paper on legal theory near Paris, at the Centre de Recherche Interdisciplinaire de Vaucresson. She is slated to present papers al the Law School at Edinburgh, Scotland, and to the Law and Society Seminar, Institute of Historical Research, London. Professor Olsen is the chair of the Association of American Law SchoolsSectionon Jurisprudence, and she continues to serve on the executive committee of the Section on Women in Law Teaching.
J. Mark Ramseyer is in the process of revising two manuscripts, "Takeovers in Japan: The Risk of Shareholder Opportunism," and "Reluctant Litigant Revisited: Is Japanese Litigiousness a Researchable Issue?" His essay, "Lawyers, Foreign Lawyers, and Lawyer-Substitutes: The Market for Regulation in Japan," was
published in 27 Harvard International LawJournal499 (1986). He has also published several essays in Japanese, including "An Economic Critique of the Japanese Legal Services Industry," 625 Case Law Times 18 [1987); "Tax Rates, Opportunistic Taxpayers, and Tax Evasion: A Game-theoretic Analysis," with Sue Ramseyer [collaborating author), in a Tokyo University law journal (1987); and "Interest on Indebtedness and Adjusted Basis," with Minoru Nakazato [principal author), in a Hitotsubashi University law journal.
Professor Ramseyer also gave several Japanese language presentations,including "Proposed Amendments to U.S. Antitrust Law: Effect on Japanes Firms," to the Ministry of International Trade & Industry, Competition Policy Research Committee; "Legal Education and the Function of Legal Specialists in America," at Meiji Gakuin University; "Litigation, the Myth of Consensus, and the Ligitimation of Bureaucratic Rule," at Kobe University; and "The Interest Deduction and Tax-Exempt Income," to the Tax Law Research Committee, University of Tokyo.
His English-language presentationsinclude "Why Japanese Lawyers Aren't Richer Than They Are," at the Southern California Seminar; "Lawyers, Foreign Lawyers, and Lawyer-Substitutes: The Market for Regulation in Japan," at the UCLA School of Law Japanese Law Colloquium; and "Proposed Amendments to U.S. Antitrust Law: Implications for Japan." Ramseyer also served as a panelist on law and internationaltradeat the UCLA Pacific Rim Expositon.
Gary Schwartz was the 1987 recipient of the Rutter Award for Excellence in Teaching at the School of Law. He made presentations at facultyseminars al Washington University LawSchool in November 1986, Iowa Law School in February 1987, and New York University Law School in March 1987.
Murray L. Schwartz was elected Vice-Chair and Chair-Designate of the University of California Academic Council and Academic Assembly, and serves as one of two Faculty Representatives to the Board of Regents of the University. He was the 1986 recipient of the Rutter Award for Excellence in Teaching at the UCLA School of Law. He delivered theinaugural Miller Lecture on Professional Responsibility at the College of Law of Georgia State University on April 23, 1987, and has been invited to give the Alfred P. Murrah Lecture at the Law School of Southern Methodist University in Fall 1987.
Phillip R. Trimble participated in a panel of theAmericanSectionof International Law on international human rights, and has given talks on arms control at the AALS annual meeting, the Los Angeles Committee on Foreign Relations, and at UC Irvine. He has also started work on a new casebook onInternational Law to be published by Little, Brown in 1989. Last summer he lectured on a variety of subjects in China at Zhongshou University.
Jonathan Varat published a review of Richard Posner's The Federal Courts: Crisis and Reform, entitled "Economic Ideology and the Federal Judicial Task," 74 California Law Review 649 (1986). He authored 17 entries for the Encyclopedia ofthe American Constitution, and his article, "Justice White and the Breadth and Allocalion of Federal Power" is forthcoming in the Colorado Law Reviewas part of a symposium commemorating Justice White's completion of 25 years on the Supreme Court.
Varat wrote an article for the Los Angeles Times on Preemption and Local South Africa Sanctions, and gave a talk on that subject to an alumnigatheringin October 1986. He also spoke on three UCLA Extension panels on the Bicentennial of theConstitution,including a series of two lectures, "The U.S. Con-
stitution and the Challenge of Change." He spoke on "The Constitutionality of Race-Conscious Affirmative Action" at ClaremontMcKenna College, and also spoke on that subject at Cal State orthridge's official U.S. Constitution Bicentennial celebration in May. Professor Varat participated in a two-day Federalism Conference at Berkeley.
John Wiley is currently publishing articles in the Chicago Law Review, the Duke LawJournal, the Supreme Court Review, the Yale LawJournal, and the Journal of Ethology and Sociobiology. He gave papers at the UCLA Workshop on Reciprocal Altruism and the Law and Economics Seminar at Washington University in St. Louis. His present research includes an inquiry into the ancient and apparently indefensible rule against patenting laws of nature, a study of copyright's fair use doctrine, and an effort to define the word "ethology".
Steve Yeazell has completed a book on the history of group litigation, From Medieval Group Litigation to the Modern Class Action, to be published this fall by Yale University Press. He has also assumed responsibility for subsequent editions of a civil procedure case book,Landers & Martin, Civil Procedure; a revised supplement appeared this spring and he is working on the manuscript of the second edition of the casebook proper. Last May he served on the faculty of a workshop for newly appointed federal judges at the Federal Judicial Center in Washington, D.C. In June at the Law & Society Association meeting in Chicago he acted as a commentator on two panelson group litigation and on the private attorney general. Professor Yeazell has been named to the steering committee of the Civil Procedure section of the AALS, and is serving this year on the campus Council on Academic Personnel. He will be visiting at Stanford Law School next year.
Actions Are Aimed To Increase Success Of Students at Risk
The School of Law faculty has made new commitments to increase and strengthenacademic support programs and has approvedmoderate changes in academic standards and admissionsprocedures. In combinalion, these actions on academic support and standards are designed to improve the successful entry into the legal profession by students who are academically at risk.
During the past three years, the law school has begun a number of new academic support programsincluding a summer program, made possible by funding from the Joseph Drown Foundation, and a special bar preparation program.
Al a May 1 meeting, the law faculty approved additional new commitments in this area. These include another faculty member to assist high risk students in academic difficulty, more diagnostic exercises in the first year curriculum, tutorials, additional teaching assistants, expansion of the summer program for entering students, and supplemental programs introducing subjects on the California bar examination. Funding will be sought for programs where resources are not yet available.
The faculty adopted changes in retentionstandardsaffecting students entering in fall 1987 and thereafter. The first-year grade average required to stay in school was raised by one point, from 64 to 65. When the first-year class entering this fall reaches its second and third years of law school, the new faculty standards require that students maintain an average of 67 to avoid being dismissed. (Current faculty rules require students to maintain an average of 63.)
Most UCLA law graduates have a strong and constant pass record
on the California Bar Examination. However, for those students graduating in the lowest grade ranges the bar passage pattern in recent years has been so low that these students have a slim chance of entering the profession in the state where they want to live and practice.
A study of UCLA graduates from 1983 to the present also shows that no student with a first-year GPA below 65 has ever passed the bar.
The 1978 report of the school's Task Force on Admissions continues to provide the basic admissions policy of the school, and it will continue to govern admissions standards and the characteristics of the population that constitutes the diversity program. There have been no changes made in the composition of the diversity program.
The faculty voted to change the admissions process in one significant way. The Dean of Admissions, in consultation with the chair of the Admissions Committee, will admit and reject applicants in most cases; i,ome files-those which are close cases or which raise issues of policy-will be referred to the Admissions Committee for advice. The committee will continue to be composed of students and faculty.
The faculty voted 36-2 in favor of strengthening academic support programs, while the measures to make moderate change in academic standards and the admissions process were approved by vole margins of 2 to 1.
Students, forming a Diversity Coalition to protest the changes, objected during a series of demonstrations to the timing of the faculty's action, asking thatany action be deferred until next year.
In an April 28 demonstration, 20 students occupied the law school records office as an expression of their deep concern over the possibility that changes might be made in the diversity program. The students were peaceful and respectful of the confidentiality of the material in the office.
Over a period of three hours, University officials repeatedly warned the students that they were in violation of University policy and would be subject to disciplinary action and arrest. Some students chose to leave the records office; eventually, 14 were arrested when they refused to leave. Two other students
were cited in connection with breaking of a hallway window.
While there was much consultation between faculty and students on all of the issuesunder study, the question of timing seemed one where differing perspectives could not be reconciled. Studentssaid the issues were being forced al a time when their energiesshould have been focused on final examinations.
The faculty consensus was that there is never a popular time to discuss academicstandards. Many faculty membersshared the view that it would have been irresponsible to delay action.
In a letteraddressedto all studentsfollowingthefaculty'saction, Dean Prager took note especially of the concerns voiced by diversity students. She said: "On the faculty's behalf I want to stress not only that you belong here, but that your presence and your ultimate success as lawyers is viewed as one of the most significant missions of this law school."
As faculty members and administration now continue to concentrate their efforts on student support programs, there is a strong consensus at the law school that UCLA's program to bring more minorities into the legal profession is a high priority for the years aheadas it has been throughout the past two decades.
Moot Court Honors Program Marks
A Successful Year
The annual Roscoe Pound Moot Court competition in April culminated another highly successful year for the Moot Court Honors Program, with more than 100 second-year students participating during the year.
The four finalists in the oral competition were Paul Freese Jr., Blane Yokota, Jeffrey Cohen and Frank Merola, who argued a problem involving the subpoena of attorneys representing targets of grand jury investigations without prior judicial approval.
Jeff Cohen and Blane Yokota were judged the top two advocates, while Lisa Torres was named best brief writer on the national team.
Judging the competition were
Judge Abner Mikva of the U.S. Court of Appeals, District of Columbia; Judge Harry Pregerson, U.S. 9th Circuit Court of Appeals; and Judge Pamela Rymer, U.S. District Court, Central District of California.
UCLA School of Law is seeking applicants for a full-time non-tenure track faculty position to teach in its academic support programs. The title for the position is Lecturer.
UCLA's academic support program helps eligible students make the transition to legal study and improve their academic performance in law school and on the Bar examination. Our current program has four components: (1) Two week summer program for incoming first year students; (2) academic guidance, tutorials, and practice examinations during the first year; (3) a special section of legal writing for first year students in academic difficulty; and (4) a Bar preparation course for third year students. Responsibilities for this position will include working with current faculty to organize and carry out existing programs, and working with consultants and current faculty to develop additional programs, to identify causes of students' academic difficulty and to evaluate new and existing programs.
A J.D. degree is required, and a background in education or statistics would be helpful. Experience in teaching, tutoring, or counseling minority students is also desirable. The salary will be at least $40,000, and may be higher depending on qualifications and experience.
UCLA School of Law has a special interest inenrichingitsintellectualenvironmentthrough further diversification of the range of ideas and attitudes represented within the faculty. We therefore particularly welcome applications from minority group members, women, and others whose varying backgrounds may contribute to this end.
To apply for this position, please submit a resume, law school transcript, writing sample, a statement of why you are interestedin thisposition,and the names of at least 2referenceswho should be faculty members from your law school or other persons who are familiar with your written work and qualifications. Applications should be submitted as soon as possible, and in no event later than September 1, 1987.
Applications should be sent to: Associate Dean Carole Goldberg-Ambrose
UCLA School of Law
405 Hilgard Ave., Los Angeles, CA 90024-1476
Classnotes
The 1950s
Christian E. Markey Jr. '58 of the Los Angeles Superior Court has been appointed by Chief Justice Malcolm M. Lucas to the Commission on Judicial Performance. Judge Markey was appointed for a four-year term on the nine-member commission.
The 1960s
W. Herbert Young '62 has formed a new law partnership, Groveman & Young, with Barry C. Groveman in Los Angeles. Young was formerly general counsel and vice president of Powerine Oil Company in Santa Fe Springs. The new firm specializes in environmental law.
Thomas M. Jones '65 is a partner in the firm of Reed and Jones based in Costa Mesa and with a new office in downtown Los Angeles. He previously served as chief deputy commissioner of the California Department of Corporations.
Jeffrey T. Miller '67 has been appointed by Governor Deukmejian to the Superior Court in San Diego County.
Thomas E. Warriner '67 was recently appointed by Governor Deukmejian to be Undersecretary of the California Health and Welfare Agency. The Agency has an annual budget of over $17.7 billion, employs some 37,000 people, and delivers a wide variety of services to the people of California.
Frederick Lee Hall III '68 was appointed district counsel for the Vetrans Administration offices in Honolulu and Manila.
The 1970s
Max F. Gruenberg Jr. '70 is Majority Leader of the Alaska House of Representatives. He has been a legislator since 1984, serving as co-chair of the Health, Education and Social Services Committee his first term. With Democrats controlling 24 of the 40 seats, he was elected Majority Leader in the current term.
Frederick P. Aguirre '71 is a managing general partner of Bradford Square Retirement Community, a 92-unit complex in Placentia, California which opened in April 1987.
Paul L. Basile Jr. '71 has become a member of the Los Angeles firm of Clark & Trevithick. He is head of the firm's corporate tax practice. Prior to joining Clark & Trevithick, he was senior partner at Basile & Siener in West Los Angeles.
Richard J. Morgan '71 has been appointed Dean of the University of Wyoming Law School, beginning July 1. He has been associate dean at Arizona State University College of Law.
Sandra Stillwater '72 has become of counsel to Stanley R. Schoen in Los Angeles. She will continue to practice in the areas of business, real estate, family law and art law.
Nikki Brajevich '73 is currently serving as a foreign service officer with the U.S. Department of State. She has been appointed economic/commercial officer, U.S. Embassy, Brazzaville, People's Republic of Congo.
Ronald J. Jacobson '73 has been appointed vice president, business affairs, for Paramount Pictures Corporation, Network Television Division.
L. Kirk Wallace '73 has become a
partner of the Los Angeles office of Sheppard, Mullin, Richter & Hampton, where hespecializesin real estate law.
Kenneth A. Black '74 has been appointed by Governor Deukemjian to the Los Angeles Superior Court. He has been a commissioner since 1982.
Frederick P. "Fritz" Pettyjohn '74 is serving his second term in the Alaska House of Representatives, after serving two years in the State Senate. He has been elected Minority Leader of the House.
William C. Rawson Jr. '74 was elected managing partner of the San Franciscooffice of the Los Angeles based firm of Liebman and Reiner.
Marc J. Winthrop '74 is a founding partner of Lobel & Winthrop in Newport Beach. The firm limits its practice to business bankruptcy, corporate reorganization and related insolvency matters. In June, Winthrop moderated a six-hour CEB course on practice under the Bankruptcy Code.
Paul R. Katz '75 is chief legal counsel and secretary to Hughes Communication, Inc., a subsidiary of Hughes AircraftCompany. He will be working on transactionsinvolving international satellite networks.
Charles Kilpatrick '75 has joined in the formation of the law firm of Kilpatrick, Johnston & Adler in Carson City, Nevada. He specializes in civil litigation.
Debra P. Granfield '76 has become a member of the firm of Buchalter, Nemer, Fields & Younger. She continues to practice in the area of labor relations, representing management.
Robert A. Haut '76 has become associated with Kern & Wooleyin Westwood. Hespecializesin insurance defense litigation.
James V. Kosnett '76 has opened new offices in themid-Wilshirearea, specializing in taxation, bankruptcy and business law.
Molly Wilson '76 has been promoted to senior vice president, legal division at MGM/UA Communications. She joined MGM in 1982, advanced
to senior counsel in 1984 and became assistant general counsel in 1985.
Clarke B. Holland '77 participated in a national institute on "The Creation and Implementation of Good Faith in the Property Insurance Policy," sponsored by the ABA Section of Tort and Insurance Practice.
Mark D. Michael '77 has been appointed general counsel and assistant secretary of 3Com Corporation, a Santa Clara, California manufacturer of workgroup computingsystems.
R. Bruce Minto '77 was appointed as a judge to the Citrus Municipal
Hugo D. DeCastro '60 [above] reported on progress for the School of Law in the UCLA Campaign at The Annual Dean's Dinner in March, while Dean Prager congratulated Professor Emeritus David Mellinkoff [below].
Gloria Dee Nimmer (above] was among major donors honored by The Annual Dean's Dinner. At the event in the James E. West Center (below], Wayne Smith '72 welcomed new Founders and Associate Dean Goldberg-Ambrose introduced new members ofthe faculty.
Court in West Covina late last year. Earlier, he was engaged in general litigation practice as a partner in the West Covina firm of Mattier, Finnegan and Minto.
Lisa Greer Quateman '78 has become a partner in the firm of Denton Hall Burgin & Warrens in Los Angeles.
She will continue tospecialize in corporate and real estate law.
Sydney M. Avent '79 has been appointed a trustee of the Philadelphia Bar Foundation, thecharitable arm of the Philadelphia Bar Association. She has also been elected President of the National Bar Association,
Women Lawyers Division, Philadelphia Chapter.
Madelyn J. Chaber '79 joined the law firm of Cartwright, Slobodin, Bokelman, Borowsky, Wartnick, Moore c,i & Harris in San Francisco last year. u She is continuing to practice in the s: area of toxic torts and product li-
ability.
Joel M. Grossman '79 has become a principal of the firm of Selvin and Weiner. He will continue to specialize in civil litigation with an emphasis on labor law.
Steven A. Micheli '79 has become a member of the firm of Ault, Midlam and Deuprey. He practices in San Diego and emphasizes business and real estate litigation, including wrongful termination.
Mark J. Phillips '79 has become a partner in the firm of Goldfarb, Sturman, Averbach & Sturman, a tax oriented firm in Encino.
Arthur F. Radke '79 has recently become a partner in the law firm of Ross & Hardies, Chicago. His practice is concentrated in the area of commercial Iitigation.
Linda Gach Ray '79 has formed her own firm, Owens & Gach Ray, specializing in business litigation and representation of creditors in bankruptcy matters. The new firm is located in Century City.
Bernard M. Resser '79 has become a partner at the firm of Maiden, Rosenbloom, Wintroub & Fridkis in Century City. He will continue to practice in all areas of business trial law.
Michael E. Ripley '79 has become associated with the law firm of Palmieri, Tyler, Wiener & Wilhelm in Newport Beach.
The 1980s
Judy A. Quan '80 has become a partner with the firm of Gardner and Slaughter in Newport Beach. She is specializingin business, corporate and tax law.
Leslie A. Cohen '80 joined the Los
Angeles firm of Levene & Eisenberg in November 1986, and became a partner in April 1987, with a practice focused on insolvency, bankruptcy and corporate reorganization.
Ruth E. Fisher '80 has become a partner in the law firm of Munger, Tolles & Olson in Los Angeles.
Charles Marshall '80 is in his second year as directing attorney of the Greater Watts Justice Center/Homeowner's Outreach Center in Los Angeles. The office specializes in real property, individual rights, and community development matters.
Jeffrey D. Masters '80 has become a partner in Cox, Castle & Nicholson, specializing in commerical litigation. He also published an article, "Maneuvering Developers Through the Liability Minefield" in the December 1986 issue of Urban Land magazine.
Todd K. Ringstad '80 is a founding partner of Lobel & Winthrop in Newport Beach. The firm limits its practice to business bankruptcy, corporate reorganization and related insolvency matters.
James Ash '81 lives in Kansas City, Missouri with his wife Pamela and two daughters Cassandra and Elizabeth. He was named a partner this year in the law firm of Shook, Hardy and Bacon in Kansas City. He practices corporate finance/securities and employment law.
Sue Bernstein '81 and Paul Denzer '81 proudly announce the birth of their first child on November 26, 1986, Stephanie Anne Denzer.
Mark Foster '81 was a deputy district attorney in Orange County from 1981 to 1984. Since 1984, he has been a judge advocate in the Marine Corps. He spent 1986 doing criminal defense in Okinawa, Japan, and is now doing appellate litigation at the Navy-Marine Corps Appellate Review Activity in Washington, D.C.
Andrew S. Gelb '81 has joined the litigation department of Macdonald, Halsted & Laybourne in Los Angeles. He married Denise Yates in March 1987.
Jonathan Ivy '81 has become associated with the firm of Parkinson, Wolf, Lazar & Leo in Century City. He will bepracticing civil litigation.
Harvey M. Moore '81 has become a partner in the Newport Beach law firm of Bidna & Keys. He will continue to practice in the fields of business litigation and debtor/creditor law.
Jesus E. Quinonez '81 has become a partner in the firm of Taylor, Roth & Bush in Los Angeles. He continues to specialize in the representation of labor organizations.
Benjamin D. Scheibe '81 has become a member of Browne & Woods, a Beverly Hills firm specializing in business torts and related litigation.
John M. Dab '82 has become associated with the firm of Zobrisl & McCullogh, where he will continue to practice in the areas of general corporate and securities law. He also has a new baby girl, Rebecca Alyse, born January 24, 1987.
Philip D. W. Hodgen '82 has become associated with the law firm of Cooper, Epstein & Hurewitz in Beverly Hills.
Ira D. Kharasch '82 has become a partner in the law firm of Pachulski, Stang & Ziehl in Century City. He is practicing bankruptcy law and corporate reorganization.
Elizabeth Dianne Mann '82 has become associated with the Santa Monica law firm of Stein & Kahan.
Lorraine Mills-Curran '82 has been accepted as a candidate for ordination as an Episcopal priest by the diocese of the Rio Grande in Albuquerque, NewMexico. She will be ordained in the fall of 1988.
Steven Plotkin '82 has become associated with the law firm of Spensley Horn Jubas & Lubitz in Los Angeles.
Richard Dennis '83 has joined the Houston office of Weil, Gotshal & Manges and has married Cheryl White.
Don Eugene-Nolan Gibson '83 has become associated with the Santa Monica law firm of Stein & Kahan.
Dean Gloster '83 has returned from his travels in Southeast Asia and is living in San Francisco with his wife Nancy Ricci, who is finishing her nurse's training. He is practicing
business law with the firm of Farella, Braun, & Martel.
Daniel McCarthy '83 has joined the San Diego law firm of Hughes & Campbell.
Nora Quinn '83 is on a leave of absence from Irell & Manella and is the new legal director of the Western Law Center for the Handicapped at Loyola Law School. She notes that "she welcomes your donations of either time or money and would love to send you anewsletter about the WLCH if youwill call or write and tell her you are interested." She is still president of the gardening committee at her house.
Guy Halgren '84 and Laura Whitcomb Halgren '84 of La Mesa are the proud parents of Matthew Guy, born in February. He is practicing labor law in Sheppard, Mullin, Richter & Hampton's San Diegooffice. She is associated with Gray, Cary, Ames & Frye, specializing in First Amendment and business litigation.
Robert Lenhard '84 has spent the past year supporting a number of organizing drives throughout the South for the Amalgamated Clothing and Textile Workers Union.
Danton K. Mak '84 is now a principal of Sheldon and Mak in Pasadena. The firm specializes in intellectual property law practice, including the prosecution, Iitigation and transfer of patents, trademarks and copyrights.
Jonathan I. Reich '84 has joined the litigation department of DeCastro, West, Chodorow & Burns, Inc., in West Los Angeles.
William E. Simpson '84 has joined Coopers & Lybrand in Los Angeles as an audit partner and partner-incharge of litigation services.
Margarita Palau Hernandez '85 is an associate with McCutchen, Black, Verleger & Shea. In April of 1986 she married Roland Hernandez and they are now expecting their first child in October of 1987.
Michael S. Loeffler '85 has become associated with the law firm of Adams, fox, Adelstein & Rosen in Chicago; Illinois.Hespecializesin
business, commercial, and labor litigation.
Teresa F. Ozoa '85 and Larry P. Ebiner '85 were married on Dec. 6, 1986 inBerkeley. She is a litigator with Thelen, Marrin, Johnson & Bridges in San Francisco. After he completes his two-year clerkship with Chief Judge Lawrence K. Karlton, U.S. District Court in Sacramento, he will join the litigation department of Morrison & Foerster in SanFrancisco.
Scott D. Pinsky '85 is doing general commercial litigation at the new Los Angeles office of Coudert Brothers, a New York-based firm specializing in international law.
Gil Aronow '86 has become associaled with the law firm Cooper, Epstein & HurewitzinBeverly Hills.
Michael E. DiGeronimo '86 has become associated with the law firm of Miller, Starr & Regalia in Oakland and San Francisco.
Calendar of Events
August 6-12, 1987-ABA Annual Meeting, San Francisco. Monday, August 10, UCLA Alumni Reception al ABA Meeting, Sir Frances Drake Hotel, Cypress Room, 450 Powell Street, 6 p.m.-8 p.m.
Saturday, September 12, 1987Class of '82 Five-Year Reunion, J.D. Morgan Center at UCLA, 3 p.m.-7:30 p.m.
Saturday, September 19, 1987Class of '62 Twenty-Fifth Reunion, Regency Club, Murdock Plaza Bldg., 10900 Wilshire Blvd,17th Floor, Westwood, 7 p.m
September 18-22, 1987-State Bar Annual Meeting, Century Plaza Hotel, Los Angeles. Monday, September 21, UCLA Alumni Luncheonat State Bar, Tiberio's Restaurant, 2020 Avenue of the Stars.Noon.
Sunday, September 27, 1987-All Alumni Day and Barbecue, School of Law, 3:30 p.m.
Saturday, October 10, 1987-Class of '72 Fifteen-Year Reunion Dinner/ Dance, The Trident Room, Trident Center, 11355 Olympic Blvd., West Los Angeles, 7 p.m.
Sunday, October 18, 1987-Class of '77 Ten-Year Reunion Dinner, The Trident Room, Trident Center, 11355 Olympic Blvd., West Los Angeles, 6 p.m.
Monday, November 9, 1987-Melville B. Nimmer Memorial Lecture given by Floyd Abrams, UCLA Faculty Center, 7:30 p.m.
Thursday, November 19, 1987-A Special UCLA School of Law Dinner honoring California Supreme Court Justice John A. Arguelles '54,UCLA James E. West Center, 7 p.m.
December 11-12, 1987-Twelfth Annual UCLA Entertainment Symposium, Ralph Freud Playhouse in Macgowan Hall, UCLA, 2:30-5:30 p.m. Dec. 11 and 9 a.m.-3 p.m. Dec12.
Two Ways to Become More Involved in Your Law School
1. Ifyournamehasn'tappearedlatelyintheClassnotes, takeamomenttosharesomenewsaboutyourselfforthe nextissue of UCLALaw.
