A Message from Dean Warren School ofLaw Donors, 1979
News ofthe School Classnotes
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Seven PersR_ectives CriminalLawRevisited
s crime rates soar, pressure mounts on even our most fundamental tenets of criminal justice. In some sense, it is the law which must be protected from those who would abuse it.
An appreciation of criminal law requires an understanding of what the law is and what it should be. Faculty at the UCLA School of Law represent an exceptional breadth and depth of scholarship, from the philosophical and historical underpinnings of the substantive law to the practicalities of cases arising beyond the prison door.
UCLALaw interviewed seven members of the criminal law faculty concerning the current issues and pressures within their fi.eld.
One of the most important books on criminal law to be published in recent decades is Professor George Fletcher's Rethinking Criminal Law. Its careful questioning of the substantive law and its subtle analysis of the classical problems of criminal justice have made it one of the few books in the fi.eld to capture nationwide attention. As The New York Review of Books noted: "American criminal law now standsin a critical place. Work of the quality of George Fletcher's book is an indispensable condition for intelligent reform."
Underlying his work is Fletcher's belief that the courts should expound criminal law as a moral system distinguishable from mere social control.
"The modern focus in criminal law in the U. S. on
general deterrents and rehabilitation is misguided," says Fletcher. "I teach the Model Penal Code in order to attack it. The code is a conceptually self-contradictory document that reveals one of the greatest dangers that affect legislation when legislators are arrogant enough to believe they can wipe out the history of a fi.eld and start over."
Fletcher's approach is historical and comparative. He views the criminal law fundamentally as "the articulation of our received wisdom about wrongdoing, culpability, and punishment." He is expert in the criminal justice systems of France, Germany, and the Soviet Union, and he has done extensive practical work on cases in those countries. His main interest is the relationship between history and principles of justice.
Lack of historical sensitivity accounts for substantial contradictions in the Model Penal Code, he says. The code obliterates the difference between active homicide and failing to avert death in one place, but uses the concept of causing death to defi.ne homicide in another section. "In teaching criminal law, one of the values that I try to bring to students is that wholesale legislation in the fi.eld is a dangerous phenomenon," he says.
Fletcher now teaches a special section of criminal law which treats its subject comparatively. Continental systems, he notes, reveal a respect for the history of ideas in the law which is an important restraint on legislative power. "The emphasis in the U.S. on pre-
ventivemeasuresisaconsequenceoflosingthefocus on punishment and merelythinking of the criminal lawas an aspect ofthesystemofsocial control," says Fletcher.
For this reason, he is encouraged by the current revival of retributive theories of justice. Such ideas respect people as individuals responsible for their own actions. "I think the return to determinate sentences isone of the bestthingsthateverhappened to us," hesays. Heisnotmorallyoutragedbytheidea of capital punishment, but considers its administration so difficultthat hewouldfavorabolishing it on practical grounds. Thepopularmoralityonsuchissuesas capital punishment and abortion should not be dismissed unless scholars are certain of the sources of their supposedly superiorwisdom,he feels.
Fletcher also finds encouraging the move to decriminalize many victimless crimes and in certain areaswouldentertaintheideaofmoreradicaldecriminalization than nowoccurs. He toyswiththe idea of decriminalizationof embezzlement,for example. "In areas where it is possible for private firms to protect themselves against dishonest employees, it is not clear to me why the state should assist," he says.
One of the things that makes Fletcher's course different than otherstaughtin Californiaisan emphasis on crimes against property He also develops argu-
ments against the dangers he sees in the conti expansion of criminal liability . The felony m n�ed rule,for example,holdsthat ifyou killsomeone ur er ·d t 11 h · · even a . cc1 en a y w e� co?1'�1ttmg a felony, you will be liable formurder. This1s an enormousinjustice d one canonlyhope lawyers willbeintelligenten�anh b · d t· · l ug to rmga soun cons 1tut10na attackagainstther 1 in the next few years," he says. u e
Graduates of his own classes would be among th most likely to do so. "One of the values of teachin e law comparativelyisthat one canshowhowaberran� and deviant California is in maintaining a felony murder rule compared to other countries andstates" he says.
But what disturbs Fletcher most fundamentally about the American system of criminal justiceis"the inability of the courts and law schools to thinkmore systematically about the system of criminal justice. Courtsdon'thavethe time, butthat'snoexcuseforthe law schools not doing it. One of the functions of scholars is to raise questions that other people are afraid to raise or never do raise," he says.
Nomodernquestioningofthe precepts ofguiltand punishmenthas been more fundamental andincisive than that of Professor Herbert Morris. One of the preeminentphilosophersof the century,Morrisisfascinated by questions of the mind and how its sanity and intentions may be judged. Hiscollectionof readings on freedom and responsibility combines law, philosophy, and psychology in a grapplingwiththe basic principles of the criminal law.
attention to philosophical issues," Morris says. "�hy do we punish people? Why do we make thrngs crimes? There can be no more significant questions asked in our society. A philosopher can offer arguments and bring out that there are certain restrictions on the use of certain penalties through a principle other than the principle of justice."
Whipping someone who has whipped someone else would not be unjust, Morris notes, but such a penalty would be morally wrong and impermissible. "Thereare certain things that criminals cannot waive by behaving in an inhumane way," he says. "One of those is the right to be treated humanely."
In arguments concerning capital punishment, a philosopher does not contribute through discussions of deterrent efficacy, which is largely an empirical matter. "My sense of what the philosopher can contribute is by way of examining certain basic values to which we are committed, other than the value of life which would beg the question. We must consider the dignity of the human being," he says.
Such respect can include the right to punishment, he concludes. In one of his most important papers, Morris argues for the commendable aspects of a system of fair punishment and points out the evils in looking upon people whobehavein anantisocialway as sick. The article has been reprinted seven times in different collections on human rights and has found its way into the studies of a large portion of the nation's undergraduates. "My hope is that those who have read the article will not be taken in by people whosay we should think of criminals as sickand give them therapy rather than punishment," he says.
Morris teaches a seminar on the philosophy of psychoanalysis. "Freud said we have an 'illusion of free will.' I personally believe that this is an area where Freud could have done with some good philosophy. People supposethatbecausetheycangivean explanation involving the unconscious for why someone acted, they have shown that a person was not free to act otherwise. That's just not true. Psychoanalysis as a therapy presupposes that individuals are free and responsible, and that increased understanding will bring greater freedom," he says.
In the criminal law, Morris sees the government, supported by the courts, requiring less and less to be proved by way of conduct before a person is held criminally liable. "Our society is so understandably anxious about crime that it is going to be more and more receptive to qualifying and restricting principles to which we have been attached for a couple of centuries," he says.
Substantive law in conspiracy, for example, allows conviction in the absence of a criminal act. The pres-
sure to expand such offenses seemsto be going-in the direction of preventivedetention. "This is a frightening prospect in a world that has as much violence as ours has," says Morris.
"Principles like respect for the autonomy of the person, individual liberty, andprivacyaregoing tobe under increasingly heavyassault. It will require great fortitudetoholdontotheseprinciples. Peoplehaveto understandthemandwhy they are important, andwe must be prepared to really struggle for them."
The expansion of federal jurisdiction in criminal law is a major interest of Professor Norman Abrams. He is influential as a consultant to federal commissions, he was a special assistant to U.S. Attorney General Ramsey Clark in the criminal division, and he was heavily involved in working on legislation which established the Law Enforcement Assistance Administration (LEAA). In recent years, the focus of his thinking has been on administrative law and its application to prosecutorial operations.
Abrams is currently teaching a new course, believed to be the first of its kind in the nation, titled "Federal Criminal Law Enforcement." The class analyzes the relationship between federal and state prosecutors and police systems. "I want to look at what is going on in the nitty-gritty of the federal and state prosecutorial operations and how they relate,"
"Thegreatcontroversyhangs
on theextenttowhichthelaw relatingtopolicepracticeshas producedalargernumberof peoplewhoarenotconvicted eventhough theyengage inillegal activity."
Murray Schwartz
he says. "That kind of perspective would be useful for any law student or lawyer, and if they end up in a federal or state prosecutor's office, it would be invaluable."
The role of the federal government has grown tremendouslyinlawenforcementinthelastcenturyand particularlyinthelast15years. "Wemustbegintoask very basic questions about directions in which our federaljusticesystemismoving," says Abrams. "The LEAAprograminvolved thefederal government ina much largerpart of the total criminal process of the nation. Atthesametime, thefederalinformationsystem has greatly expanded access to state criminal justice systems. Congress has reached farther and farthertocontrolinterstatecrimewithlegislationthat the Supreme Court is sustaining fairly consistently."
This expansion has not created a national police force, butithasmadetheallocationofresourcesmuch more difficult, Abramsnotes. At times, the targets of theextendedfederalarmseemdifficulttorationalize. The new approach todealingwith corrupt organizationsnowhasthefedsprosecutingthe Hell'sAngels. "They are a difficult group, perhaps, but one which the states always handled in the past," he notes.
The federal government has used its authority to prosecutecaseswhichonthesurfacehave littletodo with organized crime. In one such instance the awesome power of the fedswaswielded against a single loan shark. The Supreme Court upheld the constitutionalityofthelawevenasapplied. "Whyhim?"asks Abrams. "Do we want the federal government to be devoted to the prosecution of such individuals?
Maybe if you chip away you discouragethisact·lV1ty butthecasegoestotheissueoftheappropriateroleof the federal government."
Abrams teacheshis course involving the constit tional re��ric�ions on ?olice activities to first ye� students. This1sasub1ectthatdoesnotsimplyaffect thecourts, lawyers, andpersonschargedwithcrime" he says. "It directly impacts on police and how th� behave. The police may react negatively to restri{ tions and may even try to evade them. We have to consider what account you should take of this phenomenon.''
The students, of course, must consider their own rolesasfuturelawyers. Downthehallfromtheoffices of Morris and Abrams is that of Murray Schwartz,a criminal law scholar who approaches the subject from the perspective of an expert in professionalresponsibility. The proximity oftheirofficesallowsthe threetodiscussthecommoncoursestheyteachandto have the same argumentsinthehalleveryyearwhen theygettothesamepointsinthecasebook. "Weteach the course in much the sameway," says Schwartz. "I put in a little more of the perspective of thelawyer's problems in coping with legaldilemmas."
Schwartz recently served on the bar association committee concerned with problems of searches of lawyer's offices. He worked on the revision of the California Penal Code in the mid-'60s and has explored the professional problems of prosecutingand defense attorneys.
While the developments in the law of recent years have not necessarily brought greater justice or less crime, he sees the lawyer's obligations remaining steadfast. "It is not clear that the convictionratehas muchtodowiththecrimerate," says Schwartz. "The great controversy hangs on the extent to which the law relating to police practiceshasproducedalarger numberofpeoplewhoare notconvictedeventhough theyengageinillegalactivity. Thesignificanceofthat problemdependsontheparticularoffenseratherthan on a general institutional problem."
Narcotics cases, he points out, are essentially won or lost on the search and seizure motion. "There is usuallynoquestionthatthedefendanthadthenarcotics," says Schwartz. "Howthepoliceknewaboutitis the issue that is treated. To the extent that the defendant wins the motion to suppress the evidence becauseofpolicebehavior, weareconcernedthatinjustice has been done. But if you are concerned about insuring that the police behave in certainways, then justicehasbeen vindicated. IfI weremorepersuaded thatthecrimerateisa functionofrestraintonpolice,1 might be more concerned about the former."
As a lawyer grapples with the dilemmas of the
· inal i·ustice system, his first obligation is always cnm h . 'll b t his client. As capital punis ment returns, 1t w1 e 0 impossible as everto administer it fairly. "There are a�uctural problems with capital punishment which �ake it discriminatory along socioeconomic lines. But in addition, there are second level problems involving the fortuitous way in which those subject to the death penalty escape or do not escape because of various legal considerations," he says.
The inevitable time lag between the crime and the penalty itself undercuts the system's purpose. "Whatever the reasons for the imposition of capital punishment, by the time of the imposition, nobody remembers why it's happening, only that somehow it is happening," says Schwartz.
Theplight of the powerless is the focus of Professor Henry McGee. A violinist with the University Symphony, he is also a former county prosecutor in Chicago who handled murder and rape cases in the front line oflaw enforcement.While defending one of the Soledad Brothers during the early 1970s, he experienced a revelation while visiting a California prison. "It is a strange feeling to walk down the halls of Soledad, and see nobody who is white," he says. "It's disconcerting to then walk through Bullock's Westwoodand see no one black. I put lots of people in prison as a prosecutor but never really thought about what American prisons are-holding tanks for the youth of brown and black America."
"Itisastrangefeelingtowalk
downthe halls of Soledad,and seenobodywhoiswhite.Iput lotsofpeopleinprisonasa prosecutor,butneverreally thoughtaboutwhatAmerican prisons are-holding tanks for theyouth ofbrown and black America.''
HenryMcGee
"Intheemphasisonlegalityand judicialprotection,wetoo often losesightofwhatthesystem reallydoesto people. The substanceofwhat wearedoing isoftenstupid andcruel."
ArthurRosett
As other UCLA law scholars examine the underlying historical and philosophical problems of the criminal law, McGee turns his attention to the underlying social problems of crime. He is working on a casebook for the course he teaches in housing and urban development.
But McGee hopes to have the major impact in his field through his impact on students. "I try to bring a dialectic to my students," he says, "as a professional who worked in law enforcement but also as one who came from a community that had a vital stake in law enforcement." It is racism and inequality of opportunity, heremindsus, whichhavecreatedthe nightmare with which the criminal justice system must deal. And it is our own inhumanity which stalks us now.
In the 1950s, McGee successfully prosecuted the first defendant to receive double convictions for murder in Chicago. "Mass murders are quite common now with horrifying detailbeyondthe imagination of my generation. We have to think not only about the increasing number of crimes - but also about what seems anincreasingferocityofcrime.My guessis that our society is becoming increasingly inhumane."
Los Angeles, he fears, may be a metaphor of the future. "Its lack of neighborhoods and communities and the isolation of one person from another may in some way account for unlocking in human beings horrible urges that formerly were kept in check by a social fabric that no longer exists. If I am right, then society is justifiably frightened."
In McGee's view, the return of capital punishment, the problem of the use of deadly force by police, and
the recurring retributive notions of justice may be signs of a repressive reflex response on the part of a threatened social organism. He hopes to see more support for students who wish to direct their c�ea�ive intellectual energies to both theproblems of cnmmal law and the underlying causes of crime.
The results of the criminal justice system are what now disturb Professor Arthur Rosett, an expert in contracts, antitrust work, and international business who refers tohimselfas"a reformedcriminal lawyer."
Comments Rosett: "In the emphasis on legality and judicialprotection, we too often lose sight of what the system really does to people. The focus on legality makes us feel that everything is okay because rights are being protected and forms are being observed. That can make it even harder to see the substance of what we are doing, which is often stupid and cruel."
Rosett, along with four other UCLA faculty members, took part 15 years ago in the study which remains the most recent and bestattemptto describe the crimeproblem in America in all itsdimensions, titled The Challenge of Crime in a Free Society. Such research is harder to do these days and sorely needed.
"You can study intent and homicide from now till kingdom come and have no idea of the total product of our system of criminal justice," he says.
For this reason, when Rosett teaches the convictions and commitment course, he spends a great deal of time pointing out to students the consequences of the overall operation of the system through California's official statistics. "Criminal law books do not expose students to the realities the system produces," says Rosett.
He finds several current drifts in the law itself disturbing. Capital punishment, he predicts, "will keep comingbackuntil we hang the wrong man again."As one who contributed to the literature that made "victimless crime"a popular word, he fears the term has been stretched until it has lost all meaning. "People who talk about heroin sales as a victimless crime obviously don't know any junkies," he says.
A former federal prosecutor, Rosett retains a perspective on antitrust work which was shaped by his experience with "big cases.""Antitrustlawis primarily an attempt, like criminal law, to control behavior," he says. "It is no easier. You are just going after people
"Lawyershave moreofanethical obligationthantojustsaygood. byetotheir clientsafter they are sentto prison."
Rowan Klein
who are a lot more powerful."
One way UCLA students involve themselves most directly in the problems created by the criminal justice system is to enroll in the course of Adjunct Professor Rowan Klein, whose clinical course is unique in its impact on the prison system.
Klein is perhaps the only attorney in the state who specializes in representing prisoners as a private practitioner. As a half-time faculty member at UCLA, he teaches students to represent parolees in parole revocation hearings. His students have done the research and writing for important questions of law and have even argued cases in Superior Court. In one instance, they forced a hospital for the criminally insane to provide an adequate law library for its patients so they could file cases on their own.
Klein receives hundreds of letters from all over the U.S. every year written by prisoners seeking answers to questions about their rights. Volunteer students answer the letters and cases are taken on when important legal issues are discerned. The alumni of Klein's class over the last five years are now the leading experts in the state in this emerging area of the law.
"This kind of attention is a natural outgrowth of representing people in criminal cases," says Klein. "Lawyers have more of an ethical obligation than to just say goodbye to their clients after they are sent to prison." D
TheSailor ofthe Associate Deanship
CLA's Professor John Bauman learnedasaboyscouttosailthelakes ofthe Midwest. Overthehorizonwas a career in law that would demand a steady helmsman.
"If you're raised in Northern Wisconsin,youspend yourentirelife tryingtofrndsome warm place," he says now. Bauman's warm place in the sun is the UCLA School of Law, which he has enriched for 20 years as a teacher, a scholar, and an administrator. He was on deck as the school tacked through its stormiest times. The future has never looked brighter for both the school and its longesttermassociate dean.
Steered toward law by a special advisor to outstanding students, Bauman entered the University of Minnesota School of Law. Avoiding the proverbial third-year lag in interest with a stint in the Air Force during World WarII,hereturned toschool to benote editor of the law review under then editor Richard Maxwell. In 1958, he came to UCLA where he would later repeat this alliance as associate dean to then Dean Richard Maxwell.
"I had been teaching at Indiana University, which is in a rural area," he says. "Los Angeles had all
the attractions of a major city-theater, music, art museums.Theschool itselfwasbeingbuiltupwitha lot of bussle and excitement. It looked like an enterprise that would be very successful and interesting. Onedidn'thearmuchaboutsmogthen,andofcourse, therewastheattractionoftheoceanforamidwestern small town boy interested in sailing."
AndsoBaumansignedonforwhatturnedouttobe a swift journey to the top as the school's sails were fi.lled with favorable breezes. The associate deanship stretched through two more administrations and some of the school's most trying times. "You could havebeeninalaw schoolfrom1900 to 1969, and you would nothave seenanythinglikethat unbelievable periodfrom '69 through the '70s," he says. "Some of the things I remember best neverhappenedat all."
The days of student protest brought controversies and pressures that seemed to have a momentum of theirownandlockedpeopleintopeculiarlypolarized positions. "Even a week after some of the events of those days, I would think back and not be able to remembertheincredibletensionsofthoseconfrontations. Especially for older faculty, those times were very tryingbecause the law facultyhad always been close to its students. In fact, our great empathy and
camaraderie with the student body had been a hallmark of the school. When these confrontations came to ahead, it was particularlydifficult for people who had identified with the students to have to take stands that were in opposition. We would do our best to work out problems, yet there was no question whose sidewewereon. We were the administration. It was a fact of those days that you couldn't win."
That same decade saw innovations in curriculum and new programs that would set a course for other law schools to emulate as the school raced along its course to national eminence. A specialist in civil procedure and remedies, Bauman worked with UCLA Professor Ken York to consolidate the courses in restitution, equity, and damages into a course called remedies. This partnership led to the publication of the first casebook to completely combine this material. The casebook, now in itsthirdedition, has influenced the teaching of its subject matter throughout the nation.
Since that time, thedemandson this area of thelaw
have multiplied. Says Bauman: "Jurisdiction in equity has expanded tremendously. An incredible number of cases are now regarded as justiciable. In a talk to the alumnia few years ago,Ipointedoutthat30 years ago when I started teaching, equity did not concern itself with political and civil rights. Now the courts are running prisons and school systems. In Philadelphia, it looks like they will take a crack at running the police force."
How the courts' directives will be administered is yet to be seen, he suggests. "Previously, courts were very careful to enter only those orders they weresure they could enforce. But if the courts are now going to say that prisons must berun in a certain way,it willbe interesting to see how they intend to carry out such orders," says Bauman.
The wisdom of this extension of the arm of the law of equity jurisdiction is questionable. "I would ask seriously whether this is the best way to handlethese problems," says Bauman. "I think it would be far bet· ter if solutions were sought through our democratic
processes and through our elected officials. People have resorted to the courts because everybody else hasdefaulted in carrying out their responsibilities."
The teaching of civil procedure is another of Bauman'sacademicinterests.Althoughhehastaught the course only twice in the last 10 years due to the demandsofhisdeanship,hewillreturntoteachingit in1980 "Itisgenerallysaidthatprocedureisdull,"he says, "but I have always found it interesting. And if you are enthusiastic yourself, your students get the ideathat maybe it's exciting. I don't concede that it's any duller than torts or property.
"It'safirstyearcoursehere,oneofthemostdifficult for the first year students because they have absolutely no familiarity with the terminology or with what goesoninthetrialof alawsuit.Theworktends to become very abstract. That constitutes the challenge for the teacher."
As for efforts to reform rules of procedure to make processes simpler and more efficient, he notes that mostsucheffortsresultincarloadsofdocumentsand questionably better results in the courts. "A modern metropolitan judicial system must cope with complexproblemsthatareverydifferent fromthosefaced by courts in the past. I don't know if procedural reform can do much about that change. We just don't live in a simple society anymore," he says.
Baumanhasrecentlyreturnedtofull-timeteaching after the longest stint as associate dean of any one in the school's history. "I never had any desire for administration," he says. "Dick (Maxwell) persuaded metotryit,andIendeduptherefor10 years." Hekept his old office the entire time.
"Whether itwas smart to spend 10 years as associatedean,Idon'tknow," hesays. "There isnowayyou canworkinthatjobandkeepuponscholarlypublications. That sort of position involves your mind in other kinds of problems. I probably stayed in it too long.Youbecomecaughtupinit.ButIfinallydecided nothingismorepatheticthanpeoplewhodon'tknow when to get out of a job. I just didn't want people to wonder, 'When is he ever going to leave?"'
He feels the future has never been brighter for the academic ship he has helped to steer. What seems an oversupply of lawyers will be avoided by the usual
forces of demand and supply in the job market, he predicts. "The problem doesn't affect a school like UCLAanyway," henotes, "because wearesimplythe bestlawschoolforthemoneythatyoucanfind.We're a great educational bargain."
The riseto excellence of the UCLASchool of Law, however dramatic, still has not reached the zenith of theschool'spotential,hefeels."Youcan'tstandstill," he says. "That will lead to disaster. We are at a relatively stable period at the moment, but in about 10 years, allofasudden,alargenumberofpeopleinmy age group will not be here. We have to continue to recruit the brightest and the best. One of the distinctivefeaturesofthislawschoolisitscongenialfaculty members. They are a flexible group with lots of interesting ideasbut without all thecliques and cabals that exist in many institutions."
For the past five years, Bauman has been involved in the accreditation process. He is now chairman of the Associationof AmericanLawSchoolsAccreditation Committee. Heis also onthegoverning committee for Continuing Education of the Bar. California currentlyhasthebest programforcontinuingeducationintheUnitedStates,hefeels,butthedemandfor its services will expand greatly if such education is made compulsory. "It is clear that lawyers should have continuing education," he notes. "The question is whether you accomplish that best by setting up mandatory requirements."
Throughout the years, he has continued to sail. Along with his son, he has raced on courses in San Diego, Alamitos Bay, and KingHarbor. "We've never won," hesays,"butwe'vehadalotoffuntrying." For relaxation, he sails Santa Monica Bay and occasionally to Catalina. "Sailing is peaceful," he says. "The sun iswarm, thewater laps at theboat, the wind fills the sail, and there are no rebuttals or counterarguments."
Nowbackinhisoldofficeafterleavingtheposition of associate dean, he has entered into a transitional period. "I haven't made up my mind what I want to accomplishwiththeyearsIhaveleft," hesays. "As a matteroffact,it'shard to cometotherealization that thenumberofyearsleftarelimited.Iftheycontinued just astheyhave up till now, Iwouldbe content." D
AMessagefromDeanWarren
he Law School has gone through some troubled times financially in recent years. But we have survived and we are flourishing. Much of the credit for this must go to the growing number of graduates and friends of the School who have been willing to give us financial support. UCLA has arrived as one of the great national law schools and it must have substantial private support to keep up the excellence of its faculty and educational program.
In 1979 alumni and friends of UCLA again increased their support. This past year we inaugurated our $500 level support group, named Chadbourn Fellows after one of the dominant figures in the early days of the School, Professor James Chadbourn, and were pleased to have 74 charter members. Our Dean's Advocates group at $250 numbers 170 members. All told more than 1,000 graduates and friends of the School are either members of one of our support groups or are contributors of miscellaneous sums.
The UCLA Entertainment Symposium, co-chaired by Barbara Boyle, Class of '60, andE. Barry Haldema Class of '69, again presented a highly successful pr:'. gram in December, and turned overtothe Dean's Fund a substantial sum of money from the proceeds of the program.InMaythe UCLA-CEB Estate PlanningInstitute, chaired by Geraldine Hemmerling, Class of •52 played to more than 700 attendees, and the La; School shared the profits with CEB.
We use the Dean's Fund to recruit, support, and retain the best faculty we can find. In recent years law schools like ours have been paying internationally known scholars what some law firms pay their associates. If we are to keep a strong faculty with relatively low salaries, we must provide them with adequate research funds, secretarial support, and library assistance. We also use Dean's Fund money to makeupthe deficit we incur by offering expensive, high quality educational offerings like our nationally recognized clinical program.
Your support has helped make the School better.
JamesH.ChadbournFellows
Don Mike Anthony '63
Norman R..Bard '65
Mario Camara '73
John K. Carmack '60
Stephen Claman '59
Curtis B. Danning '52
Hugo D. Decastro '60
Sanford M. Ehrmann '55
Charles R. English '65
Raymond W. Ferris '66
Stanley R. Fimberg '60
Bernard D. Fischer '58
Gilbert and Sukey Garcetti
Gendel, Raskoff, Shapiro & Quittner
James H. Giffen '65
Albert B. Glickman '60
Gray, Cary, Ames & Frye
Arthur N. Greenberg '52
Bernard A. Greenberg '58
Alan N. Halkett '61
John W. Heinemann '68
Geraldine S. Hemmerling '52
Ragna Olausen Henrichs '69
Rodney C. Hill '62
Bruce I. Hochman '52
Willard D. Horwich
Thomas E. Johnston '59
Michael S. Josephson '67
David S. Karton '71
Martin Z. N. Katz '65
Edward A. Landry '64
Lawler, Felix & Hall
Saul L. Lessler '65
Fred L. Leydorf '58
Donald C. Lieb '52
Luce, Forward, Hamilton & Scripps
David Lund '59
George A. Mazarakis '72
Brenda P. McKinsey '75
Marsha McLean-Utley '64
John L. Moriarity '60
Henry P. Nelson '61
Frederick W. Noble '66
Raymond H. Olinger '57
O'Melveny and Myers
Thomas Peckinpaugh '65
Roger C. Pettitt '54
Mariana Pfaelzer '57
Charles E. Rickershauser, Jr. '57
John H. Roney '59
Leonard M. Ross '68
Melvyn J. Ross '64
Frank Rothman
Robert M. Ruben '64
Karl M. Samuelian '56
Herbert E. Schwartz '61
Fred Selan '65
Ralph J. Shapiro '58
Lewis Silverberg '58
Stuart Simke '60
David Simon '55
Ronald Slates '68
Bruce H. Spector '67
Roland R. Speers '58
Arthur G. Spence '69
Henry Steinman '61
Dean Stern '63
Herman P. Stoterau '67
E. Paul Tonkovich '65
John H. Weston '69
John G. Wigmore '58
Kenneth Ziffren '65
Lester Ziffren '52
Charles A. Zubieta '53
UCLA SchoolofLaw
Donors,1979
1952
Arthur Alef
*Laverne Sagmaster Bauer
*Maurice W. Bralley, Jr.
Clarence R. Cook, Jr.
Howard Culpepper
**CurtisB. Danning
**Arthur N. Greenberg
**Geraldine S. Hemmerling
**Bruce I. Hochman
SidneyR. Kuperberg
J. Perry Langford
**DonaldC. Lieb
*John C. McCarthy
Norbert J. Mietus
*Frederick E. Mueller
SallieT. Reynolds
Martin J. Schnitzer
EdwardB. Smith III
*Joseph N. Tilem
**Lester Ziffren
1953
*NormanB. Barker
*Victor M. Epport
Arthur Frankel
*JeromeH. Goldberg
RonaldB. Labowe
*DonaldC. Lozano
DorothyW. Nelson
John F. Parker
Jack M. Sattinger
*C. DouglasWikle
**Charles A. Zubieta
1954
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1955
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1956
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1957
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1958
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1959
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1960
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1961
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1962
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1963
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1964
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1965
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1967
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1968
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1969
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1970
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1971
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1972
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1973
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1974
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1975
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1976
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1977
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1978
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1979
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News Entertainment Law Symposium Draws International Crowd
A crowd in excess of 400 came to Royce Hall from as far away as Europe and Australia to hear speakers from all over the world explore the International Aspects of Motion Picture Financing, Production, and Distribution, at the fourth annual UCLA Entertainment Symposium on December 7 and 8.
Symposium coordinator E. Barry Haldeman '69 of Rosenfeld, Meyer & Susman opened the event and termed this year's program "one of the most ambitious we have undertaken."
Haldeman noted that independent financing used to be unusual in the production and distribution of films outside the United States. Now it is happening more and more, and experts behind the scenes must learn to deal with the resulting complications.
The yearly program is presented by the UCLA Entertainment Advisory Committee, the membership of which reads like a who's who of entertainment lawyers. The event also draws attention to UCLA as a center of learning for the entertainment community. All members of the advisory committee and all speakers serve without pay, and all proceeds are donated to the UCLA School of Law.
Barbara D. Boyle '60, executive vice president of New World Pictures, Inc., also served as coordinator this year, and Gary Concoff of Kaplan, Livingston, Goodwin, Berkowitz & Selvin worked as liaison for law school affairs.
Haldeman's opening remarks were followed by an address by UCLA's Professor Melville Nimmer, the nation's foremost authority on copyright. "UCLA is proud of the level at which the symposium is pitched," commented Professor Nimmer. "We like to think we are the premier entertainment law school in the country, and we are delighted the symposium has become the institution it has."
Professor Nimmer then offered some thoughts on international copyright law, those intangible property rights which would provide a context for the two days of discussion.
The rest of the first day was devoted to problems of territorial sales and banking and the role of U.S. guilds and unions in international film production. Mark Damon, an actor turned producer who has made 50 films in Italy, related his experience with Producer's Sales Organization, which he set up to handle independent producers' works throughout the world. Out of the 10 films his company has put in release since it has been in business, he reported, nine have made money, reversing the show business adage that one out of 10 movies can be expected to make money by such an approach.
Paul Baumgarten, a partner with the New York firm of Rosenman, Colin, Freund, Lewis & Cohen, took up the bank's role in independent financing. He discussed ways in which the advance payment on foreign presale agreements can be used for production financing and covered a wide range of concepts involving the bankability of completion guarantees.
Norman Rudman of Slaff, Mosk & Rudman, Los Angeles, then offered his perspective on completion guarantees.
"When the independent producer trolls the overfished seas of finance in search of the wherewithal to make his current feature project, he had best take along the gear necessary to land whatever wily gamefish that might strike," warned Rudman.
"The suckers _have long since disappeared from the waters, and, like a grand-daddy trout or bass, those film financiers who prowl the bottoms will not lunge after any old bait."
Effective bait can be provided by a guarantee that if investors finance the picture's budget, the movie will be made even if it costs more than originally estimated.
Alan M. Brunswick of Kaplan, Livingston, Goodwin, Berkowitz & Selvin of Beverly Hills closed the first day of the symposium with an analysis of the advantages and pitfalls of using
Judge DorothyNelson
Dorothy Nelson '53 Is Federal Judge
Dorothy Nelson '53 has been appointed Judge of the Ninth Circuit, United States Court of Appeals.
Her nomination by President Carter was confirmed by the U.S. Senate after approval by all major advisory groups, including the Senate Judiciary Committee.
A graduate of UCLA and of the UCLA School of Law, she joined the USC law faculty in 1957 and became Dean of the USC School of Law in 1969.
Dean Nelson already had submitted her resignation as Dean of the USC Law Center, desiring to concentrate on research and teaching, when she was nominated to the federal judiciary.
Judge Nelson, soon after the appointment, described it as an opportunity to work toward reducing the delay and costs of judicial administration.
American talent in film production abroad.
The morning of the second day of the symposium was devoted to four experts flown in from abroad to discuss financing in major production countries outside the U.S. Simon Olswang of the law firm of Brecher and Co., London, discussed legislation,
taxation, and financing devices in the U.K. Robert S. Vineberg of Phillips & Vineberg, Montreal, discussed the prospects in Canada.
Dr. Wolf Schwarz, an attorney and film producer in Munich, and Professor Massimo Ferrara Santamaria of the University of Rome took up the European perspective with emphasis on their own countries.
The special luncheon speaker this year was Samuel Arkoff, who had resigned only a few days earlier as president of American International Pictures to go the independent route in film production. Arkoff took inter� national potshots at many of the world's major film makers whom he accused of concentrating more on the deals being made than on the pictures being made.
"I realize now that I'm a maverick," said Arkoff, "and I will continue to be. I am an independent man, not a corporate man."
The final afternoon was taken up by thoughts on international tax concerns presented by Robert Kopple of Brawerman & Kopple, Beverly Hills, and Bruce Stiglitz of Loeb & Loeb, Los Angeles, and a discussion of international auditing by Ernest Nives, president of the accounting firm of Ernest Nives, CPA of New York City.
Drawing on 20 years experience in the motion picture industry, Nives explored the accounting morass which follows the last orders of production and distribution-those performed in foreign countries. He offered ways to determine the accuracy of accounting statements from outside the U.S.
"It is my fervent hope that you will scrutinize carefully future contracts as they deal with foreign operations and that you will provide us with the tools to eliminate or minimize the many abuses presented to you," Nives told his audience in conclusion.
The syllabus for this year's program, like those before it, is sure to become a required part of any complete entertainment library.
Commented symposium coordinator E. Barry Haldeman following the completion of the event: "I think that we have raised the level of the symposium to a new plateau of sophistication with both the subject matter and the international feeling that began to develop. It was quite a coup to get experts to talk about the sort of deals that are just starting to be made. We also moved UCLA to yet another echelon in terms of international recognition in entertainment law." D
Environmental Law HasNewResources In Student Society
The days of shortages and the energy crisis have brought a heightened interest in the endangered laws which protect our natural resources. At the UCLASchool of Law, the response has been the blossoming of the Environmental Law Society into one of the school's most popular and active student groups.
The society began last year when first year students Jeff Lawson and John Belcher formed a nucleus of 15 of their classmates to lead an organization which includes about 40 active members.
Now second year students, the leaders of the society have managed to provide points of focus for those interested in the study and the development of environmental law.
The first issue of the UCLA Journal of Environmental Law and Policy, under editors Catherine Rich and Marcy Rosenblum, will appear near the end of March. Under the leadership of Jeff Lawson, the group's speakers program has brought policy makers and environmentalists to campus.
In addition, research groups have formed to study specific bills and proposals and to investigate cases where legal knowledge can be applied to environmental problems. One of these groups, the Solar Law Forum, headed by Peter Hoffman, has studied proposals which would mandate conversion of commercial buildings to solar power.
Roberts, Belcher, Rich, Rosenblum, and Hoffman join with other students to form a 15 member steering committee for the society. One of the distinguishing goals of the group is to draw first year students into every operation of the society.
Perhaps the most innovative and far-reaching of the society's activities will be its journal. In the initial stages of planning the new periodical, the editors realized they were forming a familiar mold and decided to break out. "We went through a process of brainstorming in order to avoid duplicating other law journals," says coeditor Marcy Rosenblum. "We are now focusing on very specific, topical issues. Four or five months after a controversy becomes news, we will offer a
look at the social forces as well a th legal issues involved and analyze s h e th t• L • � e ques 10�s ut mto societal processes.. Burge . onmg controversies will be framed m order to anticipate future legal action that will ensue. "After people read about problems in the newspaper and get upset, we can brin the question closer to a resolution by g bridging the gap between the problem of society and the technical world of 8 law," says co-editor Catherine Rich Articles will not necessarily fi.t the traditional split format of a separate body and elaborate footnotes as found in traditional law reviews. "We are looking at scholarly, well-researched articles that may take three months to write," says Rosenblum.
The journal will be aimed not only at lawyers but also policy makers and other people who are directly involved in environmental controversies. Funding to help the journal get off the ground has been provided by the Lincoln Institute of Land Use Planning in Washington, D.C.
Other projects of the group include a task force studying legal issues surrounding strategies for the disposal of toxic wastes.
More informally, members of the group often buttonhole professors to suggest ways that environmental applications can be presented in traditional law courses. "Our hope is to get environmental and energy considerations in all courses that have influence on such topics," says Belcher. Professor Randy Visser, who formerly worked at the Center for Law and the Public Interest, is currently the faculty advisor to the group. He feels the society can have real impact through its journal and its legal research groups. Says he: "By marshalling the data from the sciences and the social sciences in one place, they can develop a clear perspective on issues and establish a fair and honest balance between environmental and social interests."
A teacher of legal research and writing, he sees opportunities for applyi�g students' talents to actual problems m this area. "Totally new principles of law are much harder to work with, but they are more interesting and students work harder on them. Our students are very capable of innovative analys�s .. and seeing where the law is headmg.
Many of the students' own views tend to be conservationist, but they stress the importance of presenting both sides of issues and providing
More than 200 School of Law alumni, friends, and faculty gathered at the James E. West Center on the UCLA campus for the annual Dean's Dinner and Dance on November 16. The evening included
entertainment by the UCLA Glee Club. This year, the gathering had the special purpose ofcelebrating the appointment of Richard C. Maxwell as Connell Professor ofLaw.
awareness for those who work anywhere in the field. Comments Jeff Lawson: "Carter's mobilization in response to the energy shortage was going to cut through the 'red tape.' 'Red tape' has become a code word for environmental protection. Restoring the land is the cost of energy. If the American people are aware of that cost, I think they will be willing to pay it."
Comments Marcy Rosenblum: "Environmentalists have been stigmatized as people who block by means of litigation. Thus, environmental tools are seen only as a defensive mechanism This group has officially endorsed the concept of an environmental bill of rights. Much like freedom of speech, people should have the freedom of clean air. In the future, attorneys will be able to use these substantive rights to advance the interests of their clients rather then defend the environment with loopholes and mountains of paper.''
The UCLA Environmental Law Society has made recommendations concerning a proposed bill that would make such additions to the state
constitution.
As for what they want for themselves from the society, Rosenblum says: "If you see both sides to the issue, there are a lot of possibilities for employment because there are so many environmental laws out there which any corporation must obey."
Says Catherine Rich: "I don't feel I could ever work for a corporation, but I would like to work within the field. I have an anthropology background, and I am interested in understanding the processes of making decisions and the problems that aren't yet in the courts. Teaching would be a possibility."
Says John Belcher: "I am not particularly interested in practicing environmental law, but I am interested in political and social issues. The environmental group offers me exposure to political circumstances and the chance to research specific areas of the law such as administrative and legislative action."
Adds Rosenblum: "Our main purpose is not to graduate environmental lawyers. That's a very small class. But any lawyer with exposure to these is-
sues will be better at handling social and political questions. We want to become as educated as we can iq this area and also to become an educated resource for the community." D
Gift from Class of'54
The State Bar UCLA Alumni Luncheon was the scene for gift-giving when Carl Boronkay, representing the UCLA Law School Class of 1954, presented a $2500 check to Dean William D. Warren.
In what is emerging as a UCLA Law Alumni tradition, the class took the occasion of its twenty-fifth anniversary dinner-dance to raise funds for the school.
The affair was held at the Beverly Hilton Hotel and guests included Dean Warren, former Dean Richard C. Maxwell, Professor Kenneth H. York and Frances McQuade, Assistant to the Dean.
Classnotes
Anthony Saul Alperin '71 is a deputy city attorney in Los Angelesspecializing in land use, election and political reform law.
Edward Baker '70 won what is considered the highest award in a psychologicaldamage suit in the State of California.
Kenneth A. Black '74 has opened his office inCentury City for the general practice of law
Joseph Bogan '72 has openedhis law offices in Glendale, California, specializing in personal injury litigation.
Dave Bowker '77 is associated with thefirm of Swarner & Fitzgerald in Riverside, California. His practice emphasizes probate and real property.
Charlie Channel, Jr. '74, afterthree years atCommunity Legal Services in San Jose as a Regional Huber Smith Fellowandoneyear inprivatepractice, is presentlycontractsmanagerat the ROLM Corporation in Santa Clara, California.
Jeffrey A. Charlston '75 has become associated with thefirm of Finley, Kumble, Wagner, Heine & Underberg.
Edward C. Clifton '75 hasbeen appointedtotheProvidence,RhodeIsland, MunicipalCourt. He is the first black to be appointed to any courtin the State of Rhode Island.
Bradley Allen Coates '76is a partner in the firm of Rohlfing, Smith & Coates with offices in Honolulu, Hawaii.
Gerald M. Cole '71 has recently become Regional Attorney to the new Federal Labor Relations Authority office in Los Angeles.
Joshua Dressler '73 has been promoted to professor of law at Hamline University School ofLaw,where he teaches criminal law courses. He recently published a response to UCLAProfessor Richard Delgado in the Minnesota Law Review regarding brainwashing.
Lawrence J. Dreyfus '77 has become an associate in the trial department of the Santa Ana law firm of Rutan & Tucker
James M. Epstein '66, formerly a partner in Payson, Epstein & Fife, has openedhisownofficespecializing in criminallaw.
Stephen W. Farr '71 is practicing law in Ogden, Utah, with the firm of Farr, Kaufman & Hamilton.
Paul Fogel '76has accepted a Fulbright Fellowship to teach American law at the Universityof Paris, France.
Peter M. Fonda '73 and Donald A. Garrard have formed a partnership, under the name of Fonda & Garrard.
Robert Garrett '75 has becomeass ated . with the Beverly Hills firm 0£
Rubm, Miller & Egan, specializing in business litigation.
Richard A. Goodman '74 has rec tl expanded his law offices in Oakl!n/ He specializes in real estate plann� and taxation and has published sev ng 1 articles on these areas. era
Scott Grimes '74 has passedtheOhio CPA exam and is a senior tax consultant with the Columbus, Ohio, officeof Touche Ross & Co. Also, he teachestax accounting at Ohio Wesleyan University in Delaware, Ohio.
Arnold W. Gross '73 hasbeenelected to serve on the Board of Trustees of the San Fernando Valley Bar Association for1979-1981
Lawrence N. Guzin '72 has been appointed supervisor of central trialsin the Los Angeles City Attorney's Office.
B. Paul Husband '77 is associated with the Beverly Hills firm ofCooper, Epstein & Hurewitz, specializing in entertainment and intellectual property litigation.
Steven N. Katznelson '68 is a partner inthe Los Angeles law firm of Lemaire, Faunce & Katznelson, with classmate Edward L. Faunce. Also a partner is Steven R. Pingel '71. Katznelson is a certified specialist in workers' compensation law and president of the SouthernCalifornia Applicants' Attorneys Association.
Stephen M. Lachs '63 has been ap pointed to the Los Angeles Superior Court.
Linda Leon '72 has opened her own office in Denver, Colorado, for the general practice of law.
Michael S. McManus '78 has become associated with Steven H. Felderstein in the practice of law. The firm is located in Sacramento and specializes in business law, corporate law, commercial law, real estate law and civil litigation.
Victor Moheno '76 has been appointed by Governor Brown to the California Crime Resistance Task Force.
Michael R. Murname '66 has been recently appointed Pasadena city prosecutor.
Jordan J. Paust '68 has returned to the Law School of the University of Houston after a year inSalzburg, Austria, as a Fulbright Professor of Law.Upon returning, Professor Paust has argued part of the OPEC case (I.A.M. v. OPEC) in Los Angeles and testified before a Congressional Committee concerning the Mexican oil spill and international law.
Charles E. Rickershauser, Jr. '57 has been elected chairman of the Pacific Stock Exchange.
Howard J. Schwab '67 as a Deputy Attorney General has participated in the State Supreme Court argument upholding the constitutionality of the death penalty in California. He has previously represented the state in the appeals of People v.Charles Manson and Faretta v.California, a U.S. Supreme Court landmark case.
Vicki Simmons '75 has been appointed supervisor of the West Los Angeles branch office of the Los Angeles City Attorney.
Richard J. Stone '70 has been appointed assistant to the Secretary of Energy for Intergovernmental Affairs, United States Department of Energy. Stone previously workedwith the new Secretary of Energy at the Department of Defense, where he served as deputy assistant general counsel.
Leroy F. Vadney '68, a founding partner of the Oakland firm of Pisor, Vadney, George & Bennett, has opened another partnership in San Rafael, California, under the name of Vadney, George, Bennett and Simonini. Both firms specialize in plaintiff personal injury litigation.
Dorrie E. Whitlock '76 opened her own office in Fresno, California, in April, 1979, and is practicing general civil law as a solo practitioner.
Renee F. Williams '77 has joined the Spelman College in Atlanta, Georgia, as ExecutiveAssistantto the President, Director of the Advance Institutional Development Program and Director for Governmental Relations.
