UCLA Law - Summer 1989, Vol. 12, No. 2

Chancellor Charles E. Young bestows The UCLA Medal upon Justice Harry A. Blackmun ofthe Supreme Court of the United States at the school's 38th commencement on May 21, joined at the podium by Dean Susan Westerberg Prager. Co-presidents Betsy Kim and Steve Katz of the graduating class made their own special presentationtoJustice Blackmun (see back cover].

TERRY O'DONNELL!ASUCLA PHOTO STUDIO

UCLA Law is published at UCLA for alumni, friends, and othermembers of The UCLA School of Law community. Issued three times a year. Offices at 405 Hilgard Avenue, Los Angeles 90024. "Postmaster: Send address changes to Alumni Office, School of Law, 405 Hilgard, Los Angeles 90024."

Charles E. Young I Chancellor

Susan Westerberg Prager / Dean

Michael T. McManus / Assistant Vice Chancellor, Public Communications

Joan Tyndall / Director of Development and Alumni Relations

Ted Hulbert / Editor

Travis Wall / Editorial Assistant

Valerie Takatani / Art Production

Photography / ASUCLA Photo Service

Steve Yeazell: A Study In Perpetual Motion

by Ellen Klugman

teve Yeazell is a study in perpetual motion. Arms wave wildly in pursuit of a point while the pitch of his voicedoesalight-heartedtapdance up and down his vocal cords. Only his bow tie remains stationary: a constant throughout his fourteen years of teaching at UCLA.

Not surprisingly, his office at the School of Law is a picture of simultaneous chaos and order. Most of all, it conveys a sense of warmth, congeniality, home-as does its occupant.

In fact, Steve Yeazell is quite at home at the law school, both as a legal scholar and as a professor ofCivil Procedure courses.

"JesseDukeminieroncesaidthathecouldn'tteach without his writing and he couldn't write without his teaching. That's true," Yeazell remarks. Eyebrows knit, mustache moves, and his face breaks into one ofhis frequent smiles.

"In teaching, the first five years is not a problem. Terror is a sufficient stimulus during that period. It's the rest ofyourcareer that poses a challenge."

According to Yeazell, that's where research becomes crucial. "In research you're constantly discovering things that even when they don't enter into the classroom directly, make you see the richnessand different sides ofwhateverit is you're

doing."

If the freshness of teaching depends on research, thenYeazell has struck a satisfying balance.

Forstarters,StevenYeazellspinsscholarlyworks from law's "seamless web" as quickly as some of us finish a good,absorbing novel.

Yeazell's recent book, From Medieval Group Litigation to the Modern Class Action (Yale UniversityPress,1987)waspraisedbyonereviewer in The Cambridge Law Journalas an authoritative, "beautifully written" work.

Citing the contemporary debate over whether to institute a form of "class action" to supplement the limited kind of representative action which now exists in England, the reviewer adds, "it is hoped thatEnglishlawwillsoonincur-andwillacknowledge-a considerabledebtto its author."

SteveYeazellalsoexcelsinteachingwiththekind of energy and aplomb used by a world-class conductorleadingthe1812 Overture.Consequently, he received both the university-wide UCLA Distinguished Teaching Award in 1979, and the UCLA School of Law Rutter Prize for Distinguished Teaching in that same year. Since then, he has continued to garner the admiration of his students as evidenced by the high marks he earns each year on teaching evaluation forms.

"I don't think that I directly do a great deal to

teach people about any subject," he says in discussing what has nonetheless proven to be a successful teaching style.

"The most that I do is steer people away from likely pitfalls and get them interested in the problems enough to teach themselves. My best teachers equipped me to go out and do something independently. I think I can help people to understand why a problem is an interesting one. That's as far as I can take them -to the point where they want to and are able to navigate for themselves."

As a reflection of the University's esteem for his talents as an academic and as a teacher, Yeazell currently serves on UCLA's Council on Academic Personnel, a prestigious and time consuming committee which evaluates all academic appointments, tenure and promotions at the University.

"He's a remarkably smart guy with good balanced judgement,whichis evenmore importantthanbeing smart, in this case," says Professor Robert Edgerton, chair of the Council on Academic Personnel. "And he's also broad in his base of knowledge. He knows history, English, has a broad understanding of the humanities, and of course, he has legal training and his background as a law professor."

That range of knowledge becomes very important to a committee charged with passing on the appointments, promotions and tenure of professors in a variety of disciplines.

According to Yeazell, his initial exposure to the first-rate research efforts of his colleagues in other disciplines was humbling and, at first, intimidating. It has enriched his own scholarship, as well. "It's given me an interesting perspective on my own work," he remarks. "I think I have a better eye for whatwouldbeadifferentperspectivefromthepoint of view of different disciplines."

Steve Yeazell's own scholarly interests lie in procedural legal history, through which he tries to account for the way law has developed and for the way it is now.

How does he select his topics?

"The hardest part of being a scholar in any field is developing an agenda. To formulate problems which will be big enough to be interesting but small enough to be manageable without being so small astobepickyandtrivial," Steveadmitswithaslight frown.

How that process comes about varies. Chuckling, Yeazell describes the research which culminated in his book, From Medieval Group Litigation to the Modern Class Action, as "a case of arrested intellectualdevelopment" whichbeganinlawschool almost two decades earlier.

Two of his Harvard Law School professors, reporters for Restatement of Judgments, had asked Yeazell to research a point relating to early class actionsinAmerica.Heobligedandhasbeentangling with the topic ever since.

Yeazell's on-going research subsequently appeared in several law reviews ("Group Litigation and Social Context: Toward a History of the Class Action," 77 Columbia Law Review 866-96 (1977); "From Group Litigation to Class Action, Part I: The IndustrializationofGroupLitigation," 27 UCLALaw Review 514-64 (1980); and "From Group Litigation to Class Action, Part II: Interest, Class and Representation" 27 UCLA Law Review 1067-1121 (1981)) before he decided to convert his research into a book.

Tracing the origins of class actions in the U.S. propelled him across a continent and back in time to investigate the origins of medieval group litigation and its impact on the development of the modern class action in the United States.

You might expect that a scholarly book delving into medieval group litigation would require archival research in England. But according to Yeazell, UCLA's well-respected research libraries yielded a bevy of information.

In From Medieval Group Litigation totheModern Class Action, Yeazell contends that it is impossible to understand the nature of group litigationseparate from the social setting that produces it and the state that permits and regulates it.

The demise of medieval group litigation in EnglandcoincidedwithwhatYeazellcalls"themove from a collective and communal to a corporate conception of groups." That evolution all but eliminated the widespread use of group litigation as a representational device, Yeazell's research reveals.

Nonetheless, the litigation needs of unincorporated parishes and guilds and of new categories of groups like joint stock companies fed the need for the continued recognition of some kind of group litigationdevice.Thistime,grouplitigationincurred more complicated overtones, since these new groups lacked the social and political cohesion of their medieval predecessors. At the same time, the notion oflitigativeindividualism wastaking rootalongside similar trends in the political, social, and economic realms of society.

These factors spawned the twin problems of legitimacy of representation and the binding effect of judgments in group litigation on absent parties.

Enter the second half of the twentieth century and Rule 23 of the Federal Code of Civil Procedure. Rule

23 governs the prerequisites and notice requirements of a class action which tries to strike an uneasycompromisebetweenaverystrongtradition of individualism in our society, on one hand, and the belief on the other hand, that in some circumstances, it makes sense to treat litigation in larger units.

Professor Yeazell's interest in historical research is not new. Prior to attending Harvard Law School in 1971, Yeazell earned a masters in English and Comparative Literature at Columbia University in New York City, where his dissertation was on the alliterative Morte d'Arthur, an "obscure fourteenth centurypoem."Thenhetaughtjuniorhighatseveral New York City schools before turning his thoughts to more graduate school work.

Up through that point, Yeazell had never contemplatedattendinglawschool.Friendsofhiswerelaw students, however, and he found their discussions increasingly interesting.

Undecided about which to continue pursuing, Yeazell applied to graduate schools in English and in law. "I found that when I went to the mailbox to look for acceptances, I would always open the lawschoolanswersfirst,soIdecidedIwasprobably more interested in law school after all," he laughs.

While in law school he clerked at Thelen, Marrin, Johnson & Bridges, a law firm in his hometown of SanFrancisco.After graduating,hethenclerkedfor Justice Mathew Tobriner at the California Supreme Court. The year was 1974.

"Workingforhimwaswonderful," recallsYeazell, who describes it as, "allcarrot and no stick." It was anexcitingperiodoftheCaliforniaSupremeCourt's history, and included several significant criminal law decisions.

He recalls one case in which the Supreme Court struckdownlimitingjuryinstructionswhichrecited that rape was a charge that was easy to make but hard to disprove and that jurors should therefore view the accusation with suspicion. "The empirical evidence suggested that neither of those were true," says Yeazell. "The crime of rape was underreported and in fact, when it had occurred, it was difficult to secure a conviction."

After clerking for the California Supreme Court, YeazelljoinedUCLA'slawfacultyinJuly1975. He's been teaching civil procedure ever since.

For Steve Yeazell, civil procedure presents an opportunity to explore interesting issues within a real life setting. "The attempt to design a process that will (for example] desegregate a school system and dissolve a marriage strikes me as a very interesting and difficult process," he observes,

fingers tapping, mind in motion.

Neither research involving civil procedure nor teaching of that subject seems to wear him out.

In fact, he has recently co-revised an existing casebookonprocedure (CivilProcedure2ded., Yale University Press1987)whichiswidelyusedbylaw schools throughout the nation.

Although his research frequently finds him diggingintothedistantpast,ProfessorSteveYeazell seems equally attracted to keeping up with the future, when it comes to his teaching methods.

"The way I teach the course has changed," he acknowledges. "In the beginning, the core was very jurisdictional [subject matter and personal). That continues to be an important part, but I've become more interested in litigation-everything that happens when you get past jurisdiction and into trial and beyond. Law students need to know something about the structure of litigation and the ways that cases develop."

From time to time he uses a computer software program in his first year civil procedure class. The programwasdevelopedbyComputerAssistedLegal Instruction, a consortium of U.S. law schools, and usesanactualschooldesegregationcasetoillustrate the kinds of discovery decisions which attorneys face in conducting a case.

"For one thing, it puts a price tag on litigation. Students have to choose how to invest limited litigation funds when they don't know what they'll find, diamonds or dirt," Yeazell observes. "It also makes the point that senseless discovery and frivolous motions also have their costs," he adds.

Yeazell recently returned to the faculty after a year of teaching at Stanford University's School of Law. Again,hismind turns to the historical context of the topic at hand.

"One of the post-war [World War II] success stories in universities are UCLA and Stanford," he explains. "Beforethat, UCLAwasateachers'college and the southern branch of Berkeley. In the last decade or so, UCLA has moved from a position as one of a number of quite decent state universities to a position where it is one of a small handful of outstandingpost-warsuccesses."

Although Yeazell enjoyed teaching at Stanford, he has returned a self-proclaimed "cheerleader" for UCLA.

"One always imagines that the grass is much greener somewhere else," he laughs. "Being on the other side of the fence enables you to see a little more clearly. For example, Los Angeles with all its problems is an economically vibrant and culturally diverse city."

"As for the law school, one of the things I find exciting is the range and breadth of my colleagues' work. It's hard to find the equivalent to Taimie Bryant in Japanese law; Grace Blumberg in community property and marital property; Bill Alford's work in Chinese law and Chinese legal history; Bill Warren'sworkinbankruptcy; William Klein's work in taxation and the theory of corporations. We also haveagroupafeministlegalscholarsnot duplicated in any other law school that I know."

His voice softens as he adds, "we have a group of people in business law that is the envy of other law schools and universities. The way we know is that they keep making these people offers! If that's not the sincerest form of flattery, it's certainly a powerful one!"

Yeazell has received flattering invitations of his own, as well. For example, he has served on the faculty of a workshop for newly appointed federal judgesatthe Federal JudicialCenterin Washington, D.C., where he lectured on the law of appellate jurisdiction, among other topics.

In 1987-88 Yeazell also served on the Steering

Committee of the Civil Procedure section of the Association of American Law Schools (AALS). His duties included putting together a program for that section's annual meeting. He also was a speaker at the AALS annual meeting this year on collective litigation as collective action.

This summer he will be in Glasgow, Scotland, delivering a paper to the British Legal History Conference on the origins of the default judgment. If that weren't enough, he has already begun his next book, which will examine the evolution of modernproceduregenerally.

"It's about how you get from the late medieval picture of procedure where there's a writ for every differentkindofclaim,towhatemergesbythethird quarterofthenineteenthcentury,whichisaunified procedureusedforallclaims,"hesays,handstaking flight and voice rising with enthusiasm. "The book will be about how that story unfolded."

Any litigator around today will tell you that such a tale is bound to sound less like Milton and more like Dante's Inferno. Or perhaps it's Paradise Lost. Stay tuned to Steve Yeazell's next book to find out.

A True Milestone for School, CampaignReaches$9.4-Million

Alumniandfriendscelebratedamajormilestone in the life of the law school when they gathered forthe Annual Dean's Dinnerin March, withfinal reports on The UCLA Campaign. Well surpassing thelawschool'sgoalof $7.5million,thetotalgifts reachedthe$9.4-millionmark.(Asignificantportion ofthetotalrepresentspermanentendowments.)

Untilnow,thelackofabaseofendowedsupport alwayshasseparatedUCLAfromthenation'sother majorlawschools.Asanexample,BoaltHallhas18 endowedchairsandMichigan15.Throughthecampaignemphasisonendowedsupport,UCLAhasincreased the number of chairs in law from two to six.

"Theselastyearshavebeenacrucialbeginning," noted Dean Susan Westerberg Prager as she expressedtheschool'sgratitudetodonors."Onbehalf of the faculty, I thaiik each one of you. Every gift countedandmattered."Withthecampaigngoalnow satisfied, she asked the law school community to 6

continue building on the vital new foundation of endowedsupport.

Hugo D. de Castro '60, who chaired the law campaign, also emphasized the continuing importance of private support for the school. Donald P. Baker '73, chair of the Founders Committee, noted thatduringthepastyearalone41newnameshave beenaddedtoTheFounders.

UCLA Executive Vice Chancellor Murray L. Schwartzgavethedinnerguestsanenlargedvision oftheUniversity,afterhismovefromthelawschool tohisnew responsibilities onthecampusatlarge. "UCLA is the premier comprehensive public university in theUnited States," he said. And, he added, "UCLA is a great enough institution to be home of the UCLA School of Law." Rising to the toprankofthenation'suniversitiesinjustthepast two decades, Schwartz said, "UCLA has indeed taken off-and now we are in a position to soar."

Savoring the campaign'ssuccess at the Annual Dean's Dinner were donors and friends of the school. Their well-earned satisfaction is evident in the photos here. Speaking at the event were Executive Vice Chancellor Murray Schwartz (above), Founders Committee chair Donald P. Baker (below), Campaign Chair Hugo D. de Castroand Dean Susan Westerberg Prager (photo to right).

The History of Exclusion, The Promise of Equality

f the words "equal citizenship" sound like a grand abstraction, one needs to understand how inequality hurts real people. That is a basic premise of Professor Kenneth L. Karst's new book, Belonging to America: Equal Citizenship and the Constitution. In studying equality, Karst focuses on the hurt of exclusion and on the people who, seeking to claim membership in American society, have been excluded as outsiders. "We need to understand how inequality hurts, which inequalties hurt most, and how law bears on those hurts, either as cause or as remedy," writes Karst.

"Equal citizenshiphaslong served the nation as a unifyingidealandhasemergedinourowntimeasa principleofAmericanconstitutionallaw," Professor Karst observes. But successive generations of Americans have formed vastly different answers to the question, Who belongs to America? In each generation, some group has been defined as the outsiders, the ones who do not entirely belong, the Others.

"The principle of equal citizenship, as I use the term," says Karst, "means this: Each individual is presumptivelyentitledtobetreatedbytheorganized societyasarespected, responsible,andparticipating member. Statednegatively,theprincipleforbidsthe organizedsocietytotreatanindividualasamember of an inferior or dependent caste or as a nonpar8

ticipant. Theprinciplethuscentersonthoseaspects of equality that are most closely bound to the sense of self and the sense of inclusion in a community."

The history of exclusion, the history of hurts, is a long one. The outsiders have variously been women,blacks, Native Americans,thosewhospeak a language other than English, gays and lesbians, those who profess a religion other than the most dominant one, and on and on.

It is all too easy to forget much of America's past. For that reason, a considerable part of Professor Karst's new book refreshes our memory and recounts facts that we might have conveniently ignored.

Take, for example, the actual history of intercultural relations in these United States. "Discrimination against ethnic and religious groups typically has not reached the level of intensity that discrimination against blacks reached in the South. Yet the history of intercultural relations in America providesparallelstonearlyallthefeaturesofJimCrow. Jews were forbidden to vote in some states until the mid-nineteenth century; not until 1877 did New Hampshire repeal this limitation on the franchise. School segregation affected not only blacks but Asians, Chicanos, and,foratime, Italians,whowere directed to all-black schools in some southern communities.Miscegenationlawsforbadeintermarriage of whites with persons of any other race. In the West, Asians were subjected to special taxes

and prohibited from owning land. A California law even prohibited Chinese people from testifying in courtagainst whites."

Recently, Karst notes, one often hears that this history now is behind us and that our collective journey toward equal justice is over. "This is a soothing melody-part recessional, part lullabybutitispersistentlyinterruptedbydissonantnotes."

Karstpresentsaseries ofcasesfromthe veryrecent past which "suggest that something has gone seriouslywronginthewayourcourtsareaddressing issues of constitutional equality."

Wherever there is inequality, there is stigma. The stigma inherent in unequal treatment has both psychologicaland tangible effects. Stigma's victims lose not only self-respect but other goods as well. "Today a whole field of law is founded on the sad fact that jobs and promotions are commonly denied on the basis of stigmatizing characteristics: race, ethnicity, religion, age, sex, physical handicap, homosexuality. Even a victim whose psychic reactiontostigmaisheroicresistanceormartyrdomwill havedifficultyavoidingharmsofthismoretangible kind," Karst observes.

Professor Karst analyses in depth the two great bulwarks of equal citizenship, the Fourteenth Amendment and the Brown v. Board of Education decision.

He finds a particular significance in the fact that the framers of the Fourteenth Amendment deliberately cast it in general terms, declining to use the language of specific rights and particular groups. They were conscious, he concludes, "that they were not drafting a code of laws, but were modifying the nation's basic charter of government." It was the amendment's broad wording "that gave the guarantee of equal citizenship a textual base for its modern growth into a protection of other groups and other rights."

So, too, the Supreme Court's decision in Brown v. Board of Education was much more than a decision about schools, or even a decision about segregation. It is, in fact, "our leading authoritative symbol for the principle that the Constitution forbids a system of caste."

Looking at recent decisions of the court, Karst finds it puzzling that the majority justices can see no real harm when religious displays are permitted on public buildings. "It is no trivial matter for the Supreme Court to countenance governmental conductthattellssomeAmericansthattheirdifferences from the dominant religion exclude them from full membershipin the community."

Nor is it a trivial matter that the poor people of

America are not afforded equal citizenship. "What hurts the most? Not that you have a low income, or even that your furniture and clothes are shabby. What really hurts is that you are denied the selfrespect that comes from supporting a family, from being a producing member of the society. You are exluded from the community of respectable people, denied any citizenship that is more than formal."

"The equal citizenship principle is not an invitation for judges to declare capitalism unconstitutional," Karst thenadds. "What itasks of our courts is a more serious judicial inquiry when inequalities underminethefoundationsforassumingtheresponsibilities of citizenship, and the political branches of government turn a blind eye."

The issue of stigma was nowhere more clear than in the Supreme Court's recent ruling in Bowers v. Hardwick, upholding Georgia's application of its sodomy law. "The heart of the case-and the main hurt of the decision-isstigma," Karst writes. "The Supreme Court has placed the stamp of legitimacy on Georgia's official exclusion of gays and lesbians from full membership in the community."

In the final analysis, observes Professor Karst, the court's decision in Bowers v. Hardwick "was a failure in empathy."

"Empathy is the most important missing ingredient when a police chief unthinkingly suggests that blacks are not quite normal; when a whitedominated legislature makes racially selective cuts in welfare benefits; when a male-dominated legislatureeffectivelyexcludeswomenfromthebest civil service jobs; when a 'fraternal' lodge turns away black guests; whena religiousmajority flexes its local political muscle to reaffirm its dominance; and when state officials announce that they will enforce a sodomy law only against homosexual intimacies. Saddest of all, empathy is the most important missing ingredient when judges blandly acquiesce in these exercises in exclusion."

The Constitution,observes Karst,todayrivalsthe flag as the symbol of the nation. This is why the Supreme Court is seen as speaking for the nation's basic values. "Each time the court makes good on the promise of equal citizenship-of belonging-it not only helps us get over our fears but also lends new vitality to our sense of national community."

Professor Karst'sscholarshiponequalcitizenship has become recognized as preeminent in this area of constitutional law. An appendix to Belonging to America lists some two dozen of his law review articles on equal citizenship, making all the more evident the depth and influence of his work. D

Congratulations, Class of '89!

It was a day of well-earned pride in their achievements, as the Class of '89 became the law school's 38th graduating class during commencement ceremonies May 21. Juris Doctor degrees were conferred on 284 graduates while 11 others received the Master of Laws degree.

Chancellor Charles E. Young bestowed The UCLA Medal upon U. S. Supreme Court Justice Harry A. Blackmun "for his broad vision of constitutional rights, and for his intuitive fairness and intellectual rigor as a member of the federal judiciary throughout three decades." Before the cere-

monies began, Justice Blackmun surprised and delighted the graduates by appearing at an impromptu reception and snapshot session in the school's largest classroom-where many of them had studied his opinions.

Co-presidents Betsy Kim and Steve Katz also presented Justice Blackmun an unexpected treat in the form of a UCLA Law tee-shirt. The graduating class honored Professor Eric Zolt at the ceremonies as Professor of the Year. Student addresses were given by Dawn Aberg and Ken Fitzgerald.

Advocacy Rooted In Social Concern: Five Perspectives

by Dave Hamilton

n allegorical "safety net" of social programs is designed to catch those who fall from fortune-the homeless, the unemployed, the victims of catastropic illness. But as America prepares to enter a "kinder, gentler" chapter in its history, the essential safety net has become unraveled. Budget cuts of recent years have diminished the funds of many social programs on which the less fortunate depend for survival.

In 1988, Medicaid covered less than 45 percent of those persons living below the federal poverty line of $11,611 for a family of four. There are 37 million Americans without any health insurance; another 30 million persons are underinsured. The rising cost of housing has forced homeless families to live on streets and in parks. One of every four children in America lives in poverty. 12

The solutions to these problems are not simple. The clients are not glamorous, and professionals who work to help them earn low pay. Too few lawyers have addressed these issues, but perhaps an effort to correct that deficiency is beginning. In thepastseveralyearsatUCLASchoolofLaw,there has been growth in the number of classes, externships and clerkships dealing with poverty, health, homelessnessandrelatedsocialissues.Thestudents and faculty profiled here give five perspectives on that emerging concern.

ADVOCATING CAUSES for those who stand on the bottom rung of society's ladder sometimes involvesbroad-reachingimpactlitigation,butmore often the issue is a minor, individualredress. Those individualcasesarenotmeretrifles,sinceoftenthey

SteveKatz cut to the quick of a person's ability to participate in society.

Steve Katz has been exposed to social issues spanning the impact and individual levels of participation in projects on both West and East Coasts during his three years as a UCLA law student. When Katz started law school, he teamed up with two other first- year students, Beau Simon and Walid Abdul-Rahim, to assume the mantle of leadership within the UCLA Law Students' HomelessLegal Project.

"Joe Kennedy '87 started the Homeless Legal Project," Katz explained. "When he graduated, the three of us assumedresponsibility for the program. We continued to visit L.A. County Welfare offices andtoannounceourselvesaslawstudentsavailable

to assist individuals seekingservices. We often find ourselves playing a dual role of therapist and advocate for many of these people."

Katzdescribedthetypicalintervention. "Whenwe announce ourselves, people crowd around and ask us to help them. There are others who stay seated on the fringe; we end up seeking them out. These are people who are seeking the basic necessities to survive in the city; they're trying to get money to buy food or pay rent in substandard living situations, or to get bus fare so they can commute to a job. Los Angeles County offers these men and women the minimum social services possible, if not less than the minimum.

"Typically,welistentoaclientandthenapproach thecaseworkerwiththeclient'scomplaint.Students involved with the project are often better suited to articulatethe client's needsthanistheclienthimself of herself. Occasionally, we find that a client had misledusaboutonefactoranotherbut,forthemost part, we are able to force the system to give the client his or her due," Katz explained.

When Katz was considering an externship for his third year, he looked at a number of placements. He selected the American Civil Liberties Union's New Yorkoffice,wherehegotarealisticexperience in public interest advocacy.

"I was involved in a variety of projects," Katz noted. "I did some speech-writing on racial discriminationandon First Amendment rights. Just before I left, I was assigned to a homeless rights case against the city of New York. New York City operates homeless shelters for the general population, but these shelters are so vile that homeless peopleoftenopttosleeponthestreetsandinsubway stations instead. New York also operates special shelters, which are equipped to serve homeless people with AIDS. However, these special shelters presently will not accept persons who have tested seropositive for the AIDS virus. The City has steadfastly refused to provide the improved treatment available at the AIDS-affected shelter to people 'merely' symptomatic of the AIDS virus. I took depositions for the AIDS advocacy group that had requested assistance from the ACLU in a case that hopes to change New York City's policy on homeless shelters."

Katz has favorable impressions from his experiences in public interest law, even though he is uncertain about his plans after graduation. "Right now, I'm not really sure what I want to do," he ruminated. "Law school's been a great experience. I'm very grateful for all that I've seen and learned in these past three years."

ONWINDYDAYS,onecanencountercolorfulkites jumpinganddancingacrosstheblueskiesasabrisk ocean breeze drives them higher and higher. Mixed in with the individual kites, one sees an occasional dual-line stunter, a "train" of kites connected to one another. While each kite may be a different color, they are all joined, and soar and dip as one.

Professor Joel Handler's approach to social welfare problems might be likened to those tandem kites. Handler is actively involved in researching, writing and teaching about multidisciplinary approaches for leading America's social programs into the next century. Handler is one of the driving forces behind a pending proposal to create a multidisciplinary, multiprofessional institute on domestic socialpolicy on the UCLA campus.

"The proposal is still in the very early discussion phase," Handler cautioned, "but the initial response has been encouraging. We hope to bring together representatives from the Schools of Architecture and Urban Planning, Engineering, Management, Medicine, Public Health, and Social Welfare. The representativesthatwe'vealreadyspokenwithhave given us favorable responses."

Ascurrentlyenvisioned,theinstitutewouldbring together faculty, students, working professionals and community leaders to combine research, policy analysis and community-based professional training. The institute would fund research, as well as conduct workshops and seminars.

Handler noted that, although the institute is only a proposal right now, the UCLA School of Law is currently planning an interdisciplinary pilot program for which funding has been approved by the Ford Foundation. A major component of that program will be a workshop on the needs of California's homeless families. Law schools of UCLA, Harvard and the University of Wisconsin have formed a consortium to address social welfare policy issues from a variety of perspectives.

Handler's interest in social policy issues is seen inhisrecentpublicationsandthecoursesheteaches within the law school. He published "Dependent People, the State and the Modern/Postmodern SearchfortheDialogicalCommunity" intheAugust 1988 UCLA Law Review, addressing the inequities thatexistbetweensocialserviceprovidersandtheir clients. "How can these [dependent] people be sufficiently empowered to participate?" Handler asks in that article. "They first have to become autonomous. Once independent people are able to participate, the issue then is the quality of participation."

Handler is currently writing on alternatives to

ProfessorJoel Handler

nursinghomecareforthefrailelderlywhocomprise the fastest-growing segment of our population. Handler argues that the elderly person should have power of self-determination in his or her relation with social service agencies. This power, however, must be shared with the elder by his or her physician, social worker and family, to ensure an equitable and just relationship; currently, Handler feels, this sharing does not take place.

One of the classes Handler is teaching this year is a seminar on health and social welfare problems. Inthisclass,studentsareintroducedtotheproblems of the dependent person in his or her own setting; students are encouraged to spend time in the field and look at the kinds of direct services that are available. "One student is working on AIDS issues intheLatinocommunity," Handlerexplained."We'll talk about this type of experience in class and then,

Michele St. Jean at the end of the semester, the student turns in a paper detailing his or her experiences. The paper really takes the form of an ethnography, describing people in their own setting and culture. While the student learns how the social service system is structured, he or she also sees up-close its shortcomings and failures, by observing a client seeking help."

LAW IS Michele St. Jean's second career. Prior to enrolling at UCLA, the third-year student was a registered nurse, working for a home health agency serving the elderly and managing a private utilization review company, reviewing the appropriateness of Medicare servicesdelivered.

Her involvement with the Medicare system exposedSt.Jeantoanumberofinequitiesandunfair

practices, by both providers and recipients. She decided that law school might be one way for her to effect an improvement in the system.

"When I applied to law school, I was concerned with where the American health care system was going," St. Jeanexplained. "Ithoughtthatlawschool wouldbe one way to help me find means to readjust the system, such as through the introduction of nationalhealthinsurance. Realistically, though, I've found that it's very hard to get a position with that type of impact when you come out of law school."

St. Jean's experiences with Medicare and the elderly influenced her selection of an externship at the National Senior Citizen's Law Center during her second year.

"The center provides back-up resources and research for various public interest groups which advocate for the elderly," St. Jean explained. "The center has some of the nation's top experts on such issues as Social Security, pensions, Medicare, Medicaid and nursing homes on staff. They don't litigate cases as much as they provide advice and referrals to local lawyers, who are involved in litigation across the country. They also spend a lot of time educating lawyers in ways to advocate for the elderly and how to spot Medicare problems."

During her tenure at the center, St. Jean worked with Sally Hart Wilson, whom she described as one of the top Medicare experts in the country. "Sally gave me a lot of freedom in my assignments," St. Jean enthused. "I was involved in writing a complaint, Alden v. Bowen, which was directed against the Department of Health and Human Services. The case challenges the adequacy of information contained in the nursing homes' denial notice given to Medicare beneficiaries regarding, first, Medicare coverage for nursing home care, and, second, the beneficiary's right to appeal the denial of coverage."

St. Jean explained that, prior to drafting the complaint, she interviewed health law advocates and attended home meetings of a Medicare Health Maintenance Organization. She noted that the irony behindthecurrentreimbursementproceduresisthat only nursing homes can submit claims for payment to the Health Care Financing Administration [HCFA). which runs the Medicare program. If a person is turned down by the nursing home, the client cannot appeal to HCFA, because they have no record of a claim. Medicare does require that nursing homes submit such denied claims for review; however,thepatientisnotinformedofthese requirements, nor of his or her rights. Alden v. Bowen would require that HCFA include the appeal

process in denial notices and order nursing homes tosubmitalldeniedclaims.

St. Jean believes that every law student should have some exposure to public interest law. "The valuesandgoalsofpublicinterestareverydifferent from those of private firms; the curriculum should exposestudentstothatdifference."

SOUTHERN CALIFORNIANS are familiar with Santa Ana winds that stoke small, smoldering embers into raging firestorms. Since coming to UCLA's law school, Acting Professor Lucie White hasstokedtheembersofasocialconscienceinmany students. White's commitment to the homeless of Los Angeles has generated similar feelings in her students, as many look for new ways to serve this population.

"With the 'Advocacy for the Homeless' class," Whiteexplainedingivingthe rationaleforacourse whichsheinauguratedlastyear,"Iwantedstudents to work directly with homeless clients, in different advocacy settings. I wanted students to see how they could work within the legal system, yet use arangeofapproachesthatarenotboundbyanarrow definitionofthelawyer'srole.

"Students in the class look at their own assumptions about lawyers, and I think they've expanded theirunderstandingofthelawyer'sroleinsociety," she continued. "Several third-year students in the class,whohadalreadycommittedtojoiningprivate firms, looked for ways to continue working on povertylaw issues,through pro bona workattheir futureemployers.Ihopethecoursegavethemsome oftheconcreteskillstheywillneedtodothatwork."

Whiteaddedthatshehadanattorneywithalarge LosAngelesfirmspeaktotheclassaboutperforming pro bona work withinher firm. "She gavetheclass astep-by-stepaccountingofhowsheconvincedthe partners that they should take on a major piece of homeless litigation," shenoted. "The studentswere particularlyinterestedinhowshehadaccomplished this."

White's course requires the student to work a minimum of four hours per week in an advocacy role with homeless clients. The student keeps a weeklyjournalofhisorherfieldexperiences,noting his or her reactions and feelings about the work. Eachweek,outsideoftheregularclass,Whitemeets with students in small groups to review their fieldwork and to discuss the different advocacy approaches they are using. In the classroom, they study long-term remedies such as class-action litigation,legislationandinnovativelocalprograms.

White came to develop an interest in poverty issuesearlyinhercareer. Althoughshecannotpoint to an event or instance where she said, "that's it," White admits that growing up around the Civil RightsMovementintheSouthhadaprofoundeffect onher. "I saw thedramaticchangesthatweregoing on in society and I developed an interest in the process of social change. I went tolaw school after this interest in social issues was already well established.

"I wasfortunateinlaw schoolto haveprofessors who were also interested in poverty law and encouraged my own interests in that area. Now, I want otherstudents to have that same opportunity tostudylegalissuesthatarisefromsocialinequities insociety. Theincreasingmagnitudeofthehomeless crisis here in Los Angeles tells me that we need toprepare all our students tothink seriously about

Professor Lucie White

Roland Miranda these problems in the future."

White has been encouraged by the response of students who took the homeless advocacy class in 1988; she plans to offer the class again in 1990.

White is also working with Joel Handler on the Ford Foundation funded project for working with homelessfamiliesinCalifornia.Sheisinvolved,too, in the continuing discussions about the proposed multidisciplinary social policy institute that would bring together various professional schools on the UCLA campus.

"As the courts have become less inclined to intervene in social welfare issues," she said, "advocates for these populations have turned outside of litigationfornewsolutions. A university such as UCLA has a real opportunity to bring together people with different skills and perspectives to address these issues."

IT WAS A DESIRE to work in public interest law that attracted Roland Miranda to law school. As he prepares to graduate, he has accepted a position with a Century City law firm, but he has not lost his interest in public interest law and community organizing.

"I did a first-year clerkship with the Western Center for Law and Poverty," Miranda explained. "I went in there with all sorts of expectations of seeing the impact or end-result of major cases; instead, as in many jobs, I found that many small steps were required before any major impact could be realized. Because of this reality, there wasn't the glamour that I expected to find."

Mirandaalsonotedthegulfofdifference between impact litigation [exemplified by the Western Center) and direct services to individual clients (such as those in a Legal Aid office). "The people who do direct services, day after day, are really something," he said. "It seems like there could be a very high burnout rate, but there are some special people who keep at it. When you're doing impact litigation, I found that you really don't have any clients-at least not clients you can see. Impact litigators are working for 'them' out there.

"It seems to me that, to be an effective public interest attorney," Miranda noted, "you really have to have a background in both direct services and impact litigation. Personally, I know it started to gnaw at me that I never saw clients at the Western Center. I think I really needthatone-to-one contact. Also, impact litigators who have direct service experience seem to have a better feel for the needs of the population; they know the impact of their decisions."

Miranda'sexperienceshaveshownhimthatthere are other ways to act in the public interest; ways that might not involve the legal community at all. "Litigation might not be the best solution to a problem," he said, "certainly it can be far from the most efficient. There are times when working through the political system or grass-rootsorganizing can accomplish the same goals moreeffectively. Working in the community, you can also educate people about the process and the system.

"The issues that were important to me, the ideals and topics that brought me tolaw schoolinthe first place, are still there," Miranda concluded. "When I started school I thought public interest was the only way to go, that there was no way I'd get involved in a private firm. Now, I think that I can eventually bring the two together, while working for the ideas and issues that have remained important to meallalong."

Kevin Kelly Follows Sandra Segal as U.S. Supreme Court Clerk

Kevin Kelly, editor-in-chief of the UCLA Law Reviewduring the past year, has recently been appointed to a clerkship with U.S. Supreme Court Justice Sandra Day O'Connor for the 1990-91 year. He will be following immediately in the footsteps of Sandra Segal '88, who will begin clerking for Justice O'Connor in July.

Like Segal, Kelly will first clerk for Judge Alex Kozinski '75 of the 9th U.S. Circuit Court of Appeals before beginning his term with O'Connor. Kelly already has had some experience with Judge Kozinski, having externed with him one semester.

Kelly says that it was Kozinski who encouraged him to apply for the Supreme Court clerkship and that the judge's recommendation played an important role in gaining an interview.

Despite being awarded such a coveted and prestigious clerkship, Kelly remains modest about his accomplishment. "I am sure that all the applicants were highly qualified for the job," he said. "I think the justices just want to find people with whom they can get along."

Kelly says that during the interview he found Justice O'Connor to be warm and amiable. It seems that she was also taken by Kelly, for, contrary to general policy, she offered Kelly the position during the interview.

After explaining to him the general duties of the clerks, O'Connor asked Kelly if he had any more questions. He replied, "Yes. Can I have the job?"

The justice explained that she would normally interview about 10 applicantsand then inform them of

her decisions through the mail. But she decided to make an exception in his case andamendthe procedure.

The delighted Kelly accepted the offer on the spot.

Kelly believes that it will be exciting working for Justice O'Connor who, he says, holds a pivotal position on the court and will probably provide the swing vote in many future decisions.

Despite hisenthusiasm, Kelly also realizes that his time in Washington will be rigorous. According to Kelly, O'Connor's clerks work harder than most others. He expects to work from 8:30 in the morning until 11:00 at night seven days a week.

At one point inthe interview, O'Connor asked Kelly if he were efficient. Kelly told her that while serving as editor-in-chief of the UCLA Law Review, he not only continued to receive good grades but managed to go out and see 120 movies.

He assured O'Connor, however,

that he would forego seeing movies while working for her.

Kelly is by far not the only graduate receiving a clerkship this year. Although a relatively small number of students applied for these positions, those who did have succeeded very well.

Of the 33 students who applied, 21 were awarded clerkships-one to the U.S. SupremeCourt, 12 to U.S. Circuit Courts, six to U.S. District Courts, one to the U.S. Bankrupcy Court, and one to the California Supreme Court.

Dan Garcia, Regents Lecturer, Reviews Growth Implications

Southern Californians want to maintain their high standard of living but they don't necessarily want to accept the level of development that must accompany economic growth, said Daniel Garcia '74 at a law faculty colloquium in February. Garcia, partner in Munger, Tolles & Olson and former chair of the Los Angeles Planning Commission, was a Regents Lecturer at UCLA this year.

The Los Angeles area has long benefited from a strong, expansive economy, and Garcia warned that unless the region continues to grow economically and unless large capital outlays are allocated to repair the city's ailing infrastructure, the area will not be able to sustain its present standards.

Garcia joined the Planning Commission in 1976 and served as president from 1978 through 1988. During his 12 year tenure, the commission oversaw some of the most critical developmental stages of Los Angeles.

When Garcia spoke at the School of Law, he outlined some political and legal issues in the "growth/nogrowth" controversy, among them the "erratic and haphazard" application of the California Environmental Quality Act (CEQA) regulations.

While Garcia acknowledged that local communities have a rightful

Kevin Kelly

interest in wanting to minimize the harmful social and environmental impacts inherent in overdevelopment, he argued that an expansion of ad hoc, discretionary zoning regulations is neither the most fair or efficient way to resolve these problems.

He cited a number of legal decisions that have mandated an increase in the already "lengthy and extensive" process that developers must complete in order to begin conslruction.

As a result of the recent "Friends of Westwood" case, said Garcia, the City of Los Angeles did exactly what it had said it would not do-it has prepared an ordinance stipulating that practically all projects must go through a site-plan analysis- even if such projects comply with existing zoning and plan standards.

Pointing to a large blackboard beside him, Garcia commented that

he would not have enough room to list the vastnumberof transportation and environmental consultants that a prospective builder must retain in order to comply with environmental requirements for large, medium-sized and even small commercial projects.

"Such a proliferation of ordinances and regulations can only increase the inefficiency of the bureaucracy and addsignificantlyto the cost of projects," he said.

Garcia also questioned whether zoning regulations were beginning to encroach upon an individual's right to live as one wishes.

Oneofmostdistressingdevelopments of late, said Garcia, is the public's recent antipathy toward development. "In the '50s and '60s growth was encouraged, but somewhere in the 1970s 'growth' became a dirty word," he said. However, somedegreeofdevelopment is necessary in order to sustain

increases in population and economic growth, Garcia continued.

"Some individuals are under the mistaken impressionthat if development is downgraded, the populationof the area will not significantly increase. This is simply not the case. Today in the Los Angeles area, there are about 40,000 families living out of garages. This number will surely rise unless more jobs and housing opportunities become available."

He estimated that by the year 2010 the population of the Los Angeles region will grow to 18.4 million.

Garcia also said that by the same year minorities will comprise 40% of the inhabitants in the six-county Los Angeles region. This region is probably the only place in the world with sufficient resources and freedom to allow different ethnic groups of such a diverse population to coexist peacefully, he said.

In addition to encouraging responsible levels of growth, Garcia said that more money should be spent on repairing the existing infrastructure rather than expanding it.

And "no matter what other people may argue," Garcia maintained that a viable alternative to the automobile must be found.

Finally, he insisted that Los Angeles must find a more efficient and environmentally sound method of disposingofitsgarbage. Thisproblem, of course, poses a particularly delicate dilemma for the administrator, for, in Garcia'sown words, the "first rule of garbage" is that "everybody wants you to pick it up but no one wants you to put it down."

Professor Aaron Introduced by King

Professor Emeritus Benjamin Aaron has completed a three-year term as president of the International Society for Labor Law and Social Securitv. Aaron, the first American to be elected president, capped his tenure by chairing thesociety's International Congress in September 1988.

The triennial conclave held in Madrid, Spain, was attended by the king of Spain, Juan Carlos I, who introduced Professor Aaron at the opening session.

"The society has no political agenda and passes no resolutions," Aaron explained. "Our meetings bring together people who are interested in

improving laborrelationsand social security within their owncountry. During aninternationalcongress such asthis, individuals have the chance to exchange information with peers from many countries."

Aaron noted that during his term the society grew to encompass nearly 60 countries, including the first members from Africa and Asia. In addition to the international congress, the society sponsors annual conferences in North and South America, Eastern and Western Europe, Asia and Africa, addressingissues of particular concern to eachregion.

"In my view, the study of comparativesocietiesand organizations is extremelyimportant," Aaron concluded. "Comparative methodology allows usto stand back and look at our systemfrom a different point of view; this

increases our knowledge of ourselves and results in a better system of labor law and social security in ourcountry."

Teaching Excellence Award Is Presented To Grace Blumberg

Professor Grace Ganz Blumberg has received the 1989 Rutter Award for Excellencein Teaching.

Professor Blumberg is an authority on property, community property, and family law. Her faculty colleagues and studentsat the award presentation noted that Professor Blumberg teaches so many courses so well that her expertise cannot be defined narrowly. She has also had a major role in the law school's academic support program for students.

"It's my students I should applaud," Blumberg said at the presentation ceremony, "for they are the essential part of teaching. It's an interactive process, and it doesn't work at all without wonderful students."

Attorney William A. Rutter established the annual award, presented since 1979 at UCLA, to recognize excellent teaching in a profession which places major emphasis on research and writing. Observing the enthusiasm of Blumberg's students at the ceremony, Rutter said, "Anyone who can make the rule against perpetuities interesting deserves this award."

Previous recipients of the teaching award have been Julian Eule, Gary Schwartz, Murray Schwartz, Michael Asimow, Bill Warren, Leon Letwin, Jesse Dukeminier, Jerry Lopez, David Binder and Stephen Yeazell.

Scholars See Merit In Value-Added Tax

Manyanalysts of the U.S. budget are voicing doubt that President Bush will be able to uphold his pledge not to raise taxes. Professor Minoru

Nakazato of Japan, who has taught this year at the School of Law, is among the skeptics.

Nakazato, visiting UCLA from Hitotsubashi University, has cotaught a course on comparative tax law with Professors Eric Zolt and Mark Ramseyer.

Nakazato and his collegues compared European, American and Japanese tax systems. Among the topics covered by the course were the benefits of a value-added tax. A value-added tax essentially is a federal sales tax; it differs from other sales taxes in the respect that everyone in the chain of production is taxedon thevaluewhichthey add to the product.

Many economists support the value-addedmethod of taxation because this type of tax is neutral; in contrast to an income tax, it favors neither people who save their money nor those who spend it.

Last December, Japan adopted a value-added tax, Nakazato said, leaving the United States as one of the few developed countries in the world not to have implemented such a tax system.

Nakazato suggested that a valueadded tax may be the only practical solution available to the U.S. governmentto reduce its burdensome deficit. "The Bush stand-offwill last a year or maybe two," said Nakazato, "but eventually he will have to capitulate."

Nakazato observed that most tax law courses focus on practical and domestic aspects of taxation, enabling students to become familiar with only U.S. tax statutes. The course at UCLA on comparative tax law contains a more theoretical and international component, and it teachesstudentstoevaluatebasic theoretical taxissuesin thecontextof several different tax systems. Because of this thrust, the course involves interdisciplinary discussions of public finance and economics.

Nakazato said that this type of study will almost surely help students in their careers since they will come away with a basic knowledge of several foreign systems. Given the growing importance of trans-national trade and investment in the Los Angeles legal community, Nakazato concluded, this knowledge will prove invaluable when students become involved as lawyers in internationaltransactions.

Nine Are Awarded Public Interest Summer Grants

Nine students have been awarded grants totaling $38,000 from the Public Interest Law Foundation (PILF) at UCLA, which will enable them to work this summer on projects ranging from homeless advocacy to immigrants' rights.

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 public interest work of their classmates.

The 1989 summer grant recipients will tackle a wide range of legal problems.

Thomas Clayton of Baltimore, Md., will assist the Mexican American Legal Defense Fund (MALDEF) in preparing for a lawsuit which seeks voter redistricting in Los Angeles County to provide representation for the Latino community.

Laurie Hiller of Kingsport, Tenn., will work with San Fernando Valley Neighborhood Legal Services to establish a political asylum clinic. The clinic will help refugees in the preparation of their asylum applications and appeals.

Jayne Chong-Soon Lee of West Los Angeles will work for the preservation of state and local affirmative action programs as she assists the NAACP Legal Defense and Education Fund.

Sam Magavern of Buffalo, N.Y., will perform basic advocacy for the homeless at the Inner City Law Center in Los Angeles and will assist in preparing a major slumlord suit scheduled for trial this summer.

Mariana Marin of Pomona will travel to Davis to work on the AIDS in Prison Project. The project, sponsored by the Prison Law Office, provides direct legal services to prisoners and AIDS education to the public.

Raquel Marquez of Sacramento will work in the juvenile criminal law unit of the Legal Aid Society of San Diego, providing counseling and legal services for youth defendants.

Richard Novak of Santa Monica

will be employed with Public Counsel, where he will focus on the needs of the homeless (especially children) and on facilitating low-cost housing development.

Jill Romo of Long Beach will be a Jaw clerkfor the Employment Law Office, a branch of theLegal Aid Foundation of Los Angeles. She will focus on employmentdiscrimination through the Labor Defense Network.

Seth Spellman of Fort Knox, Ky., will focus on the preservation of First Amendment and other civil rights during his summer with the ACLU Foundation of Southern California.

An annual PILF drive at the School of L_aw supports the summer grants and other public interest projects throughout the year.

Computer Criminals Present Challenge To Legal System

Computer crimes on the cutting edge of technology arechallenging the law's ability to keep pace with criminals, says theprofessorteaching a new seminar onlaw and computers. Professor Robert Garcia of the School of Law points to two cases which illustrate the challenge: the computer virus which a Cornell graduate student used to disable the nation's major research network last year, and the intrusion into U.S. military computer systems by a spy ring working for the Soviet security service.

The computer virus which Cornell student Robert Morris Jr. used in November to disable 6,000 computers in the nation's Advanced Research Projects Agency Network (ARPANET) seems a "benign" example of computer crime, says Professor Garcia, when it is contrasted with the revelation in March of the spy ring's espionage.

But even the "benign" case illustrates an inadequacy of federal law to deal with the newest computer crimes, says Garcia. "The behavior of Morris is at the cutting edge of current technology, in one of the newest crimes in the lawbooks. At the same time, his behavior raises all of the classic issues ofculpabilityand blameworthiness which have been the focus of criminal law forcenturies."

Congress passed a Computer Fraud and Abuse Act in 1986, but that law now appears inadequate to deal with Morris' crime. "It is definitely not designedto cover any kind of computerabuse that might occur," notes Professor Garcia. While the federal law prohibits "trespass," it canbe argued that Morris was an authorized user of ARPANET and therefore not a trespasser.

Congress now is considering a federal statute aimed specifically at computer viruses. (A virus is a programmed set of instructions which, after being introduced into a computer, duplicates itself inside the computer, possibly disabling the computer ordestroyingfiles.)

In contrast to existing federal laws, most states have computer crime laws which are muchbroader.

38th Roscoe Pound Competition Caps Moot Court Year

The 38th Annual Roscoe Pound Competition on April 14 capped another successful year for the Moot Court Honors Program. Once again, more than 100 second-year students participated in the intramural rounds leading up to the final competition.

In the 1989 Roscoe Pound finals, Melissa Obegi and Mary O'Connell argued against Wilmer Harris and John Kirkland. The issue was whether the prosecution's exercise of gender-based challenges to strike 10 women from a juryvenireviolated the defendant's Sixth and Fourteenth Amendment rights.

Obegi and O'Connell were judged the best advocates by a distinguished panel composed of John Arguelles, former Associate Justice of the California Supreme Court; Stephen Reinhardt, Appellate Judge of the Ninth Circuit Court of Appeals; and, Thelton Henderson, United States District Court Judge for theNorthern District of California.

Prior to the oral competition, Suzanne St. Pierre was named to the national team as Best Brief Writer, and Tony Condotti was named brief writer for the Traynor Competition, where UCLA will be represented by Harrisand Kirkland, runners-up in the Roscoe Pound Competition.

Classnotes

The 1950s

John A. Arguelles '54 retired in March from the California Supreme Court. Justice Arguelles, a member ofthe court since March 1987, was a judge of state trial and appellate courts for 25 years. "While I'm still in good health and have some sand in my hourglassleft," hesaid, "thereare some other things I want to do."

Irwin D. Goldring '56 has been appointed chair of the Estate Planning & Trust Probate Law Section of the State Bar of California for 1988-89.

The 1960s

Martha Goldin '63 has been appointed Presiding Judge of the probate department of the Los Angeles County Superior Court.

Lawrence D. Williams '63 has joined the firm of Mahoney & Coppenrath to form the firm of Mahoney, Coppenrath & Williams. He will continue to specialize in corporation, securities, taxation, estate planning, trust and probate law.

Harvey Giss '64 was named the Prosecutor of the Year for 1988-89 by the Association of Deputy District Attorneys.

Cecily Bond '65, Presiding Judge of the Sacramento Superior Court, has been appointed to the Judicial Council of California by Chief Justice Malcolm M. Lucas. Recently, she also was named Judge of the Year by the Sacramento County Bar Association.

Robert H. Goon '65 has joined the

partnership of Jeffer, Mangels & Butler.

James A. Stotler '66 has become a fellow of the American College of Trial Lawyers. Stotler, a sole practitioner, is a criminal defense attorney in Orange County.

Michael Glazer '67 has become a partner of Paul, Hastings, Janofsky & Walker, resident in the Los Angeles office. He will continue to practice corporate and securities law.

Lawrence H. Jacobson '67 has joined the Woodland Hills office of Kindel & Anderson as a partner. He will continue to practice in the corporate and real estate areas.

E. Mac Amos Jr. '68 has been unanimously elected to a one-year term as Presiding Judge of the San Diego Municipal Court. Judge Amos is responsible for administralior. of the court, case assignment and representing the court \\·ith an:: agencies.

"

Barry A. Fisher '68 has been reappointed chair of the AB,\ Religious Freedom Subcommll·e He has testified on obscenity law as a First Amendment expert before 'he California Senate. In adelition, h 0 heads the klezmer music grot:p Ellis Island which was recent!:, f alt:red on ABC Newswilh Peter Jennings and has performed in Nashvi!le and on center stage at last year's Los Angeles County Fair.

Paul J. Glass '68, an agent with Northwestern Mutual Life since 1971, recently placed thelargest polir:1es issued in the company's hsitory when he sold two $25,000,000 permanent life insurance policies. He is also a principal in Glass. Katz & Associates, Inc. in Encino, which designs and administers pension plans.

Leslie Hope Abramson '69 has become the first woman president of the California Attorneys for Criminal Justice,a 2,000 member statewide criminal defense lawyers association. Abramson, a sole practitioner, specializes in capital cases and major felonies.

Michael A.K. Dan '69 is with Sherman, Dan & Portugal, where he continuesto specialize in plaintiff personal injury litigation.

Robert Kent '69 has retired from his private practice in Beverly Hills to become president of the publishing company started with his wife, artist Melanie Taylor Kent. She has been official artist of such events as Mickey Mouse's 60th Birthday, Centennial Rose Parade, 1984 Summer Olympics and Bicentennial of the Constitution.

The 1970s

Richard F. Davis '70, partner in the Los Angeles office of Morgan, Lewis & Bockius, has been reappointed to the Development Regulations Council executive group of the Urban Land Institute, the nation's principal real estate industry trade organization.

Richard "Dick" Eiden '70 has moved to Vista, California, where he is practicinglawpart-timeand raising a baby. His practice is confined to police misconduct litigation.

Louis D. Victorino '70 has become a resident partner at the Los Angeles office of Pillsbury, Madison & Sutro. He will continue to specialize in international and U.S. government contracts, construction law and related fields.

Richard D. Fybel '71 was named managing partner of Morrison & Foerster in Los Angeles.

Judy A. Fry '71, with the firm of Modrall, Sperling, Roehl, Harris & Sisk in Albuquerque, New Mexico, is the recipient of the State Bar of New Mexico Outstanding Contribution Award for her work as a memberof the bar's DisciplinaryBoard.

Bruce J. Croushore '72 has been elected president of the Southeast Shipyard Association. He is secretary and general counsel of Bender Shipbuilding & Repair Co., Inc. in Mobile, Ala.

Lawrence D. Ginsburg '72 has become a partner with Hughes & Luce in Dallas,where hespecializesin mergers and acquisitions.

Lawrence E. May '72 has been installed as president of the Beverly

Hills Bar Association. May's practice is in Century City and he specializes in corporate and real estate transactions.

Joshua Dressler '73, professor at Wayne State University, has been elected to membership in the American Law Institute and the Society for the Reform of Criminal Law. This year he is serving as secretary of the Section on Criminal Justice of the Association of American Law Schools. He notes that his book, Understanding Criminal Law, "is not selling like hotcakes." He is writing Understanding Criminal Law Procedure, which he expects "will sell like coldcakes."

Nathalie Hoffman '73 has opened a firm in Santa Monica for the practice of entertainment and international business law.

Lon B. Isaacson '73 and his wife

Diane are celebrating the birth of their second child, Jennifer Traci, born December 31, 1988 at 7 pounds, 13 ounces.

Bradley K. Matten '73 has been appointed senior vice president of Birtcher Financial Services, Inc. in Laguna Niguel.

Paul H. Robinson '73 has been appointed Acting Dean of the School of Law of Rutgers University in New Jersey. His coursebook entitled Fundamentals ofCriminal Law, was published by Little, Brown.

Kenneth Ross '73 has joined the Minneapolis office of Popham, Haik, Schnobrich & Kaufman, Ltd. He will chair the national practice group on preventive law and alternative dispute resolution.

Kathryne A. Stoltz'73, Judge of the Los Angeles Superior Court, has been

appointed to the Judicial Council of California by Chief Justice Malcolm M. Lucas.

Marilyn V. Yarbrough '73, Dean at the University of Tennessee School of Law, received the Frank D. Reeves Award for excellence in legal education at the 1988 National Conference of Black Lawyers in Washington, D. C.

David G. Dizenfeld '74 has been named director of the Office of Motion Picture and Television Development for the County of Los Angeles. Formerly an attorney at MGM/UA, he has been most recently involved in independent production, financing and marketing, and has also served as technical advisor for the "L.A. Law" pilot and as Olympic attache for the U.S. Virgin Islands.

Daniel P. Garcia '74 was honored at a special dinner attended by Los

Angeles Mayor Tom Bradley and City Council members to mark his retirement from the Los Angeles Planning Commission. Garcia's 13 year tenure on the commission encompassed some of the city's most important development stages.

Michael J. Siegel '74 of Sacramento has devoted his practice to representation of crime victims before the state-administered Victims of Crime Restitution Program. It is believed to be the only practice of its kind in the United States. He also coauthored the lead article for the Youth Law News, entitled "Victim Compensation Program: Little-Known Source of Help for Abused Children." Most recently, he was a presenter at the November CTLA convention in Universal City on the subject of victim compensation.

Donald E. Warner Jr. '74 has become counsel to the firm of Shea & Gould in Century City and will continue to emphasize labor and employment law.

Bob Zwirb '74 is the author of "Dual Distribution and Antitrust Law" in the June 1988 issue of the Loyola of Los Angeles Law Review and also the co-author of "The Economics of Civil RICO" in the Summer 1987 issue of the U.C. Davis Law Review.

Donald S. Eisenberg '75 has relocated his practice in downtown Los Angeles. He will continue to emphasize child custody and human issues in family law including actions under the UCCLA and Hague International Convention, within a broad based dissolution and family crisis practice.

Timothy Lappen '75, director and president of Lappen Realty and Investment Corporation, has relocated his company to the offices of HSM Group in Santa Monica. He will remain of counsel to the Los Angeles and San Francisco law firm of Jeffer, Mangels, Butler & Marmara.

John Messer '75 writes that he "has finally fulfilled a lifelong ambition and added the headaches of operating a small business to the chronic aggravation of practicing law" by becoming a partner in the San Luis Obispo firm of Newell and Messer where he practices civil litigation.

And "he still plays a mean slide guitar in off hours."

Bradley A. Coates '76 is still "trapped in paradise" as the principal partner running the Law Offices of Bradley A. Coates, a mid-size general practice firm in Honolulu.

Morris S. Getzels '76 is pleased to announce that his law firm has changed its name to Malat, Lans, Malat & Getzels and has moved to new offices in Beverly Hills. The firm does real property and construction litigation, as well as general business litigation.

Harmon Sieff '76 was elected to the position of president-elect of the Santa Monica Bar Association. He continues to practice in the fields of civil litigation and general corporate and real estate law.

James J. Tomkovicz '76 is a professor of law at the University of Iowa. He has recently produced two articles, one to be published by the Davis Law Review and another by the North CarolinaLaw Review. He and his wife Nancy are overjoyed at the coming birth of their child in May 1989.

Steven J. Kahn '77 has become of counsel to Danning, Gill, Gould, Diamond & Spector.

Michael D. Briggs '78, international attorney for U.S. West, Inc., has transferred to the company's headquarters in Denver.

Hilary Huebsch Cohen '78 has been appointed to the executive committee of the Business Law Section of the State Bar of California.

Kenneth D'Alessandro '78 has become a partner in the firm of Lyon & Lyon, and he currently manages their San Jose office.

Lorna C. Greenhill '78 was elected vice president of Long Beach Bar Association for 1988. She has been on the board of the association since 1983 and has served as its secretarytreasurer since 1986.

Inese Birznieks Lacey '78 has joined the Los Angeles office of Jackson, Lewis, Schnitzler & Krupman, where she will specialize in employee relations law. She is also currently

president of the Latvian Association of Southern California and one of the founding directors of the Latvian Bar Association.

V. Thomas Meador III '78 has become a partner in the firm of McClintock, Kirwan, Rochefort, Benshoof & Weston in Los Angeles. He will continue to practice in commercial and environmental litigation. His wife, Susan Tdplett, has also become a partner in the McClintock firm.

Sara Pfrommer '78 has become as associate of Sheppard, Mullin, Richter & Hampton. She is specializing in creditors' rights and bankruptcy.

Kathy TeStrake Wales '78 has become a member of the firm of Dewey, Ballantine, Bushby, Palmer & Wood. She will continue in general corporate practice including specialization in agricultural cooperatives.

Joel M. Grossman '79 has been named vice president and chief labor counsel of the labor relations division of Columbia Pictures Entertainment. He will be senior advisor to management on all labor matters, and will be based at the Burbank Studios.

David Lamb '79 was elected partner of Millbank, Tweed, Hadley & McCloy. He is located in the firm's Los Angeles office and specializes in real estate and oil and gas matters.

Thomas H. Mabie '79 has been admitted to partnership in the firm of Morgan, Lewis & Bockius. His practice emphasizes general business litigation in addition to administrative, health and employment law matters.

The 1980s

Dennis S. Diaz '80 has rejoined the law firm of Musick, Peeler & Garrett in Los Angeles. He had been corporate counsel for the St. Joseph Health System in Orange. He will continue to specialize in health care and hospital law.

Darrel J. Hieber '80 has been elected a partner of Skadden, Arps, Slate, Meagher & Flom in the firm's Los Angeles office, where he specializes inlitigation.

Laurel S. Terry '80, professor at Dickinson School of Law, has published "Ethical Pitfalls and MalpracticeConsequencesof Law FirmBreakups"in 61 Temple Law Review1055 [1988). The article concludes, "It is prudent to get all the help one can with a problem that is here to stay. As the old song goes, 'Breaking up is hard to do."'

John W. Crittenden '81 has been elected a partner of Cooley, Godward, Castro, Huddleson & Tatum in San Francisco, where his practice continues to be focused on securities and banking litigation.

Leianne Sexton Crittenden '81 is now associatedwith Morrison & Foerster in SanFrancisco, in its business department. Sheformerlywas an investmentbanker inmortgage finance.

Lilian Lazer-Lewis '81, after six and a half years of litigation practice, has been forced into early retirement by the birth of twins, Jason and Nicole, on October 11, 1987. Mother, father David Lewis, older daughter Stephanie, and twins are all doing well.

Cynthia McClain-Hill '81 has returned from Washington, D.C., where she served as a member of the legal staff of the Federal Communications Commission, lo form the partnership of Davis & Hill, with offices downtown and in West Los Angeles.

Angela Mickelson '81 is a principal in the health care law firm of Hooper, Lundy, and Bookman, Inc. in Century City.

James I. Montgomery Jr. '81 has become a partner in the firm of Daniels, Baratta & Fine in Los Angeles.

Greg S. Bernstein '82 has become a partner in the firm of Gipson, Hoffman & Pancione in Century City.

Cathryn S. Gawne-Doxsee '82 has become associated with the firm of Jeffer, Mangels & Butler.

Rod A. Guerra '82 has been elected a partner of Skadden, Arps, Slate, Meagher & Flom in the firm's Los Angeles office, where he specializes in corporate finance, mergers and acquisilions.

Jim Jerue '82 is now a partner in the corporate department of Chicago's Katten, Muchin & Zavis, specializing in partnership matters and syndications. Laurie and Jim's first child, Sarah Anne, was born on October 6, 1988.

Richard MacCracken '82 has become a member of Pircher, Nichols & Meeks in Century City.

Randy H. Milgrom '82 has announced his partnership in a new firm, Thomson & Tisdale of Century City.

Eric B. Siegel '82 has become a partner in the Los Angeles firm of Irell & Manella.

Michael R. Weinstein '82has become an associate with the San Diego firm ofFerris, Brennan & Britton, specializing in business litigation. He and his wife Dana, also an attorney, were blessed with their second baby girl, Tracey Lynne, born January 20, 1988.

Geoffrey Berkin '83 has become associated with the Los Angeles office of Coudert Brothers, where he will continue to practice copyright and computer law.

i Alfredo G. Evangelista '83 has 1 established a new partnership, Anzai ,,, 2 Holt & Evangelista, located in § Honolulu. The firm specializes in civil h and criminal litigation.

{2

Jeffrey H. Silberman '82 has become a � partner in the firm of Solomon, Ward, � Seidenwurm & Smith in San Diego.

Nancy L. Vanderlip '83 has joined Parker Hannifin Corporation, a Fortune.200 company in Irvine, as senior counsel. She and her husband, Jim Ellis, are enjoying a new addition lo their family- Rory, a Collie puppy.

H. Deane Wong '83 is with Heidrick and Struggles in Los Angeles, a consulting firm specializing in executive search.

William B. Kirshenbaum '84 has become associated with the firm of Rosenfeld, Meyer & Susman in Beverly Hills.

B.J. Cling '85 has moved to the firm of Debevoise & Plimpton in New York with the possibility of coming to their new Los Angeles office.

David R. Garcia '85 is a deputy district attorney for Los Angeles County. He previously worked for the U.S. Department of Justice, Civil Rights Division in Washington, D.C.

Stanton C. Marcus '85 was promoted to vice president at General Electric Capital and is now located in their West Coast office in Los Angeles. He is in charge of the firm's financing activities in the areas of recapitalizations, reslructurings, project and industrial facility finance.

Helen Mickiewicz '85 and her husband, Mario Seidita, have a new son, Tomas Vincent, born October7, 1988 in San Francisco.

Arnold H. Wuhrman '85 has just coauthored his first article, "The New Value Exception to the Absolute Priority Rule: Is Ahlers the Beginning of the End?" 93 CommercialLaw Journal303 [Fall 1988). He continues to practice creditors' rights law with

the firm of Barnes and Thornburg, Indianapolis, Indiana.

Alan D. Aronson '87 has become associated with Rosenfeld, Lindsey & Wolff in Century City, where he will continue to practice in the areas of real estate and corporate law.

Raquelle de la Rocha '87 is on leave from O'Melveny & Myers following the birth of her second daughter, Hannah Alicia, on September 20, 1988.

Marc S. Geller '87 has become associated with Sweetwood, Cahn & Broder of Parsippany, New Jersey.

Genie Recasens Hicks '87 is an associateat Richard I. Fine & Associates, specializing in international business and international corporate litigation.

Robert S. Roden '87 has completed his clerkship with Justice Stanley Mask of theCalifornia Supreme Court and is currently an associate at the San

Francisco firm of Howard, Rice, Nemerovski, Canady, Robertson & Falk. His practice emphasizes environmental law and high-tech business law. He has written a book titled The Human Fuel Handbook: Nutrition for Peak Athletic Perfomance.

Janet R. Rich '88 has become an associate of the firm of Quinn, Kully & Morrow in Los Angeles.

IN MEMORIAM

Eldon Lee Pesterfield '79

Harry Russell Smith '64

Ronald Tepper '66

Calendar of Events

Monday, August 7, 1989-Alumni Reception at American Bar Association meeting, Suite of Chaleff & English, Hilton Hawaian Village, Honolulu, 5:30-7 p.m.

Friday, September 15, 1989-Alumni Luncheon at California State Bar annual meeting, Stardust Hotel, San Diego, Noon-1:30 p.m.

Saturday, October 14, 1989-Class of '74 Reunion, James E. WestCenter, UCLA, 7 p.m.

For further information, contact Carol Afshar, (213) 825-2899.

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