DUQUESNE UNIVERSITY, PITTSBURGH, p.o.. MAY. 1971 Vol. 4, No ...

VENI, VIDI, VICI - Julius Caesar

Pale Two

EDITORIAL-

I WISH to thank the members of the editorial board and staff for doing such an excellent job this year. Because of their efforts and ability to come up with new ideas, the JURIS has developed a new interest among the students and outside legal community. Without their help. I would not have been able to fulfill the promises I made when chosen as this year's editor. Among the {(firsts'· this year were: Dean's Corner; Letters to the Editor; Twenty page issue; and Alumni Profile.

I\'Iore students and faculty ha ve written a rtic les this year than any other year. Other law schools and legal journals have requested to reprint articles and pictures. The response has been overwhelming.

A gain, my sincere thanks to the Dean, faculty, students and outside contributors for their cooperation in making this one of the most successful years in the history of JURIS.

ON DECEMBER 8, 1969, Charles Manson was charged with the murder of six beautiful people •.. jet- set residents of a Los Angeles suburb. The subsequent trial, during which numerous '(legal excuses" were entered on behalf of the bearded weirdo, was one of the most publicized in recent history. The jury, however, chose to beUeve the prosecution's side of the story and, when it was finally over, Manson was sentenced to death.

The A merican public was not really surprised. The affluent residents of the Eastern Megalopolus remained indifferent and the silent majority whispered quietly what their leader had inadvertantly said publicly a few months earlier. Justice has been done.

On September 5, 1969, Lieutenant William ·tRusty!! Calley was charged with the murder of a few orientals somewhere in South East Asia. The subsequent trial, during which many rational and believable pleas were entered on behalf to the fine young soldier, was a Iso one of the most publicized in recent history. The jury, Uke their Los A ngeles counter­part. chose to believe the prosecution's side of the story and Calley was sentenced to Ufe in prison.

The A merican public seemed to sympathize with Calley, The affluent Easterners still seemed indifferent but this time the South and Midwest echoed with protest. Rallys were held, draft boards resigned, letters deluged the \\'hite House and World War II veterens handed in their bronze stars ... and then the leader spoke again.

Right on.

JURIS

DEAN'S CORNER A S I corne to the end of the first academic

year as Dean, I am impressed with the support and understanding that I have receiYed from beth the faculty and the student body. Given the overcrowded conditions that exist at the Law School and the extraordinarily high student-faculty ratio, I am most impressed with the patience that has thus far been demonstrated. In my various Dean's Forums t have gone on record as saying that there will be c!la;nf[E~S made next year - that next year there will be more faculty, that next year wewH1 begin the implementation of new programs that win make. Duquesne an interesting place to be. I guess that to a Third Year Class it Is always next year and never this but I am confident that we as an in..<;titution wiJ] be next year.

Unfortunately, the budgetarycrisIsofthis University consumed much of my t1me and a great deal of my energy. It has been an exhausting and T>,,,'aT .. ,m

experience - but then most budgletary battles are. I am confident that, finally. the University will understand that we of the Law Sehoo! bonor and respect our Family and will us with the kind of support we need.

To the Third Year Class, "Arrivederci" and Godspeed. You might not be able to say that law school. was the best experience of your life. but in time you will say that it was the most significant.

RONALD R. DAVENPORT

Juris Duquesne University law School Newsmagazine

600 Forbes Avenue. Pittsburgh. Pa. 15219 JURIS is a publication of tAe Duquesne [lnit'I?Tsiiy Scllool 0.1 Law

Marc", 1971, Vol. 4, No. J

EDITOR-IN-CHIEF - Robert S. Joseph

AS!!Iociat., Editor Buetiness Manager Circulation Manager

William A. DeSte£ano Frank A. Collins Stephen J. '1arcincin

Feature Editor New" Editor A!umni Editor

John M. Ridlon Stanley A. Uhr Thomas N. Silverman

Corre spondinK Editor GroDhlca Arta Editor Advertising Manager

Frederick B. GieS, Jr. Larry Wieder Joel M. Rreitstein

Staff Memher.,

David Haller, Charles Witaconis. Michael J. Bart. Charles Fonzone. Patricia Parrella, Frank Keller,

Jon A. Berier. Tom Bums and Skip Mattas.

Advisors:

,JOHN ,1.5CI ULLO and NICHOLAS J. DEMAS

Correapondence may be addressed to JURIS. School of Law, 600 Forbes Av~nu~

Pltt.burll". Pennsylvania 15219

Telephone (412) 434-6305

Printed by NEWS COMP, P.O. Bo .. 471, Monro.vll! .. , Pa. 15146

May. 1971

Pale Three

Faculty Profile

By PATRICIA PARRELLA

PROFESSOR Robert Broughton has always had an interest In the law of property, stemming from the time when he studied it at Harvard Law School. He did not begin teaching it, however, until he had served in the Army, worked for the state as Deputy Attorney General, and spent two years in a private law firm in Pittsburgh. He was appointed Deputy Attorney General under David Stahl, and during that period he served as counsel for the state in the Penn Central Merger pro c e e din g s. Professor Broughton was the motivating force behind having a computer simulation study made of tbe operation of the proposed merged railroad, With the present financial state of tbe merged road in mind, Broughton states that he is surprised at the turn of events. "It is always difficult, however, to make a monopoly run efficiently, because you don't have the ambition for improvement and meticulousness that a competitive atmosphere usually generates. Also, the regulations imposed on the railroads by the I.C.C. have not been helpful.·

General practice did not seem to be what the professor was interested in - "I had suspected right from the beginning that I would eventually teach." In 1966, he joined the faculty. and began teaching property. Since he also teaches electives on local government finance and other courses relating to economies, his Master's degree in economics provides a helpful background.

Although his tremendous enthusiasm for property law is readily apparent to his students, his elective on law and natural resources provided an opportunity for him to combine his great interest in the outdoors with his love of teaching. His Quotation of Robert Frost - "To make my vocation and my advocation one" puts it more succinctly. Professor Broughton is the founder of the course at this law school. It was started before the issue of ecology had become a subject of national concern. "I'm not surprised that ecology eventually made it to the forefront of public attention, but the fact that the interest seems to be sustained and ever-increasing is a little unexpected.·

As a result of his involvement in groups which were in the process of drafting tighter air pollution control regulations, he became a member of the Allegheny County Air Pollution Variance Board.

Robert B"oughton

"There are many problems that cause a variance board to be useful. Balancing economic and environ­mental interests is one of them. Suppose you have a plant that is required to install control equipment because of the new regulations. The Question is, Whether to close the plant down, or whether to fine it and maybe cause it to close down, while it is getting the control equipment installed? The answer depends on weighing the various factors, there is no one solution. The variance board comes up with hopefully the most viable plan, realizing that pollution Is causing great harm, but that unemployment and its attendant economic strain on the community might be an even greater harm. There is another problem in this regard. Some of the regulations are actually ahead of technological developments to implement them. Do you want to close the plants down until technology progresses to meet the regulations?" Closing down a plant is a drastic steP. and Broughton said that in most cases, if compliance with the regulations is being undertaken as quickly as poSSible, the board is not going to shut anyone down in the interim.

Regarding what steps have been taken in the Pittsburgh area under the new regulations, Professor Broughton was quick to emphasize that no entire plants have been closed down. However, sections of plants (those involved in marginal operations) have been permanently closed in cases where there is flagrant conflict with the regulations. -In some instances, control agencies should be able to h~ve the threat of lowering production." Criminal penalhes are not effective means to reach the problem. -Lately there has been a tremendous emphaSis placed upon the criminal process it seems to me that we've learned a long time ago that severe punishment does not educate, nor is severe an~er productive of reform. The answer when rapid action is called for, may often be Injunctive relief rather than criminal

JURIS May, 1971

sanction.·

Professor Broughton thinks that in terms of overall syntheSis of the pollution problem you come cbwn to two problems: Disposal of residuals, and con­sumption. Air, water and solid pollution are the end-products of disposing of waste materials. "If you burn solids, you end up with air pollution. If you dump it as land eill and you neglect to treat it properly, you have a possible water pollution problem. If you do nothing you still have saUd waste. The logical way to deal with this is obviously a recycling of some sort - especially for paper. The amount of lBper turned out per week just dealing with the conservation area is enough to substantia.Uy contribute to the solid waste problem!­Fly ash can be made into a material used in making cement. Slag is being used as fast as it is ereated, also for use in the construction industry. "'The way to deal with waste disposal is as a raw material.·

"Consumption is really a frightening problem. We are consuming non-renewable resources at an alarming rate, and we are consuming renewable resources faster than they are being renewed. Basically, what's needed is a change in attitude towards consumption and towards growth. It can't go on forever."

Concerning the Duquesne environment, Professor Broughton thinks that a major problem is lack of rapport between the students and faculty. He feels that the lack of communication is partially due to the numbers involved and partially because of the facilities. The law school plant just isn't conducive to fraternization. Besides internal com­munication problems, Professor Broughton thinks that our present grading system should be revised so that externally. to a prospective employer, a student's grades will mean what they are understood to mean within the law school. "All grades should be made a half a grade higher • We are basically on a "C· system now, and because employers do not distinguish between the meaning of a "C· in graduate school as compared with a -C· in undergraduate school and as compared with other law schools, our grading is perhaps misunderstood."

Besides being known for his great interest in hiking and rock climbing, Professor Broughton is also noted for his paper "The Proposed Pennsylvania Declaration of Environmental Rights, Analysis of HB 958: which was published in June, 19'70 in the PENNSYLVANIA BAR ASSOCIATION QUARTERLY, and has also become part of the legislative history of that bill. He and his wife, Suzanne, a former coilege physics professor, have two children, Johanna, 5 and Carolyn, 3.

INDOCHINA: Can There Be Permanent Peace?

T HE INTERVENTION of American military forces into Vietnam gave birth to an enormous number of legal issues. The constitutional power of the President to wage an undeclared war, the civil rights of draft resisters and constitutional objectors, the compatibility of the intervention with international law and collateral questions, have been extensively debated in the law schools, on the pages of legal journals, and at academic and professional meetings.

Some of the enthusiasm has begun to wan; one can discern a subtle deer ease of interest in the legal issues engendered by the conflict. One reason for thIs is that the nation has decided, after agonizing debate, that our military participation should be terminated. This shift in poliey could not fail to affect concern over the complex constitutional and international Issues which were bound up with the prosecution of the war. The interest of lawyers and law students in the analysis of the legal dimensions of the confl1ct has been replaced with a certain passive acceptance of the -good news" of withdrawal.

Yet there are continuing legal questions surrounding this great tragedy. The struggle between Congress and the President over the authority to conduct war has taken neW forms, but the constitutional conflict is as intense as ever. The recent Gillette opinion by the Supreme Court reminds us that war and national poliey continue to have an impact upon the domaIn of free conscience. The Laos military operation raises fresh issues dealing with the lawful­ness of force. But the most important issues are but dimly perceived. They have to do with the ultimate stability of Southeast Asia; the terms of a permanent political settlement for all of Indochina. They raise mixed questions of law and diplomacy; issues of enormous complexity which will challenge the best legal minds in the long years which lie before us.

n. THE PROCESS OF SETTLEMENT.

Under the terms of the United Nations Charter, members are obliged "to setUe their international disputes by peaceful means in such a manner that international peace and security and justice, are not endangered." While not entirely free from doubt, it is probable that the same obligation applies to nonmembers through the application of general customary rules of international law. The principles of Nuremburg prohibit the use of force as a means of settling grave disputes, and there is general ackowledgement that in such circumstances recourse must be had to peaceful procedures of adjustment.

As a member of the United Nations, the United states ha..'i considerable discretion, under Chapter Six of the Charter, in determining the means it

By CORNELIU

Professor of Law

will use to settle the Vietnam war. Under Article 33 of the Charter, it may seek a solution by any one of several approaches: negotiation, inquiry, mediation, conciliation, arbitration, or judicial settle­ment, or resort to regional agencies. The Administration has chosen to pursue a negotiated settlement by means of the Paris Peaee talks where it, and its South Vietnamese allies, confront the North Vietnamese and the Viet Cong.

All of this seems very logical and lawful. Unfortunately, the requirements of peaceful settlement in a decentralized world are much more complicated. The fact that the talks are getting nowhere should make the alert student wonder whether the procedures being employed are compatible with general policies concerned with the resolution of disputes. After all, one would not expect a major labor dispute to be settled exclusively through the bargaining of the parties; when the public interest is high, some form of mediation or conciliation is expected. It is somewhat puzzling that the talks on Paris are expected to succeed sole.ly on the basis of the adversaries negotiating completely on their own.

But the problem is much deeper than incompatibntty between the structure of the talks and expectations of settlement. The greater dIfficulty lies with the scope of the negotiations. The Paris Peace talks have as their objective the settlementofthe Vietnamese war, but the real conflict is over the. future of Indochina; it is a matter of determining the political stability of the entire area. When the conflict is seen in those terms, it is clear that the Paris talks are not a suitable vehicle for reaching a durable peace.

This deeper understanding of the dimensions of the potential settlement runs counter to our strong desire to withdraw from South East Asia. But as long as the United States remains a world power it has continuous obligations towards world order. A complete military disengagement is a goal of highest priority; to assure its success, we must make our diplomatic processes commensurate with the realities. This means that we must pursue peace in a broader context than the Paris Peace talks.

III. TOWARDS A COMPLETE SETTLEMENT

We have arlTued that all the countries of the world have an oblig;Uon to attempt settlement of serious international disputes. All of the states having an interest in the Indochina problem have demol1";trated

JURIS May. 1971

an awareness of his duty by their participation in the Geneva Conferences called to deal with various stages of the dispute. The Conference of 1954 was convened to consider the settlement of the French Indo-China war which in 1946 and for which the seige of Dienbienpllu \\"as the decisive engagement. The Conference of 1962 dealt primarily with the neutrality of Laos. ThE' major states of the regions have participated in these conferences as have the major powers. Most Importantly, the People's Republic of China played a role in both conferences.

The attitude of tbe United States towards these conferenees has been ambivalent. The first was virtuany boycotted, and, although we were a Signatory to the Laotian accords of 1962 our tuu militarv Intervention In 1964 precluded any further recourse to that agreement. Our reluctance to utilize these conferences is not witbout cause, Both agreements were quickly broken by the communists, and the implementation machinery for both had inherent weaknesses which made their successful operation unH'kely. Yet as a FORUM for settlement the Geneva Conferences are Inherently superior to the Paris Peace talks. The Geneva Conferences have drawn all the Great Powers, and the states of the region, into a posture of negotiation. Only in such meeting is it possible to meaningfully begin discussions on the permanent political settlement of the violent conflict of Indochina.

The United States has recognized that the fighting has gone beyond the bounds of Vietnam and encompasses all Indochina. President Nixon's call for an all Indo-China conferenc.e is an acknowledgement of that fact. But the attemptto broaden the discussions is a part of the strategy of the Paris Talks, The appeal for an Indo-China settlement was made directly to the North Vietnamese; by an enlargement of the Paris negotiations the Hanoi government, the Viet Cong, and Pathet Lao are apparently expected to negotiate the Communist viewpoint on the future of Indochina, with the United States and its allies presenting a contrary position. The advantages of this approach over a full resumption of the Geneva Conferences are obvious. But not only is it follish to expect such talks to ever get started; even if they should, a 's€'ttlement' when reached, would not be permanent as long as tile People's Republic of China was not a participant.

We can only expect a Geneva-type conference to be convened whpn the United states evidences a willingness to deal with the People's Republic of China as a full member of the international community.

continued on Paf}l'

THE UNITED STATES of America has been confronted with a decision of enormous consequences, namely, to build or not to build an American version of the Supersonic Transport, or SST for short. As of ten, five, or possibly even just two or three short years ago, there was no real issue to be raised, ..• the answer, if and when the questioner had the audacity to raise it was the military­industrial complex version of Charlie Wilson's dictum that what was good for the complex must by definition be good for the country, and vice versa ••• after all, this is the United states of America, and we've just GOT to be FroST in everything.

Well, we are indeed the U.S. of A., but what about, specifically being first with the SST? Chronologically speaking, it is already a fact that we wouldn't be first with an SST prototype even if we build one, as the Anglo- French and Russian prototypes, the Concorde and the TU-144, are already in the air. Should we have come in at third place, possibly with a better product, or should we have allowed the entire deal slide') There is, for example, a movement in this country which damns everything military and/or scientific, and there is no doubt that part of this movement has rubbed off some of the SST's once shiny image. Indeed, given the tendency of all costs to inflate much more than anyone even anticipated (at least publicly), one could certainly do worse than at least question the wisdom of the SST, given the wide spectrum of questions - being raised. It is just this spectrum of questions and the uncertainty of the answers which makes the SST issue so important and so far - reaching in its consequences.

In short, the proponents of the plane state that the SST is needed for purposes of national prestige, for economic reasons, for technical fall-out from the development of the plane, and for faster and better air transportation than the current subsonic jets offer. The opponents of the SST, on the other hand, claim that the plane is a noise menace, all ecological pollution menace, and, besides, "who net;ds it." It seems safe to state that neither side is al right or all wrong. The heart of the problem is to try to quantify the various degrees of being ~right" and ·wrong," especially in view of the dual problems of uncertainty and emotionalism involved. The un­certainty is something we could all probably learn to live with, except for the fact that, if the environ­mental critics are correct, a little mistake could go a long way towards disastrously upsetting the present environmental balance. Conversely, we might not mind investing, say, a billion more dollars if we really knew that the return on the investment would substantially reward the entire economy; bul if the reward is not guarranteed to be there, would we not be better off spending the money on some of our pressing internal problems? As is the case with all members of the species homosapiens, both sides know that they are right, and no amount of logic is likely to budge anybody. Under such conditions, accurate quantification by either of the parties is out of the question, and knowledgeable third parties are in short supply. As to what is to be done .•• that is a good question, but also a mute one. There is little that the individual can do now except become familiar with all the arguments involved. With the congressional vote uno," it is hard to see how the issue can be realistically revived unless a private benefactor can soon be found. The Boeing Company

SST· FRIEND OR FOE?

By WILLIAM G. DOVE, JR. Mathematics Instructor,

Hartford Community College;

B.S., Aeronautical Engineering, University of Virginia;

M.S., Aeronautical Engineering, Princeton University;

Ph. D .• Aerospace Engineering. University of Rochester.

will break up its SST design team, as will all of the major subcontractors, so that any possible future work will be set back by several years at least, and will involve a much higher costthanthat presently estimated.

It is the purpose of the rest of this article to briefly examine the various arguements of both sides of the SST question, giving meaningful comments where possible.

The first topic to be considered is that of noise, or noise ·pollution.· This can be subdivided into the noise of the engines and the noise of the «sonic boom" The noise of the engines is an inevitable consequence of the power required to move the aircraft. The proponents of the SST claim that engine noise in take-off and approach would be less than that of the current subsonic jets. However, the sideline noise, which is the engine noise made just prior to take-off and just after landing, is said to be higher than the current noise levels. Both of these facts are probably true, and there is always the possibility of further reducing engine noise of all types through advances in technology. This, unfortun­ately, is not the case with the so-called sonic boom. This is the noise, or sudden bang, experienced by an observer on the ground as the disturbance (shock wave) generated by the plane passes through the observer's lC'caton. Such disturbances can only exist when an object moves faster than the speed of sound (supersonically); hence, there is no sonic boom if the plane travels less than the speed of sound (subsonic ally). All that can be done about the sonic boom is to minimize it .•. tllere is no way to eliminate it entirely, and such manipulations have already been accomplished, subject to very slight changes. It turns out that a fleet of SSTs crossing and recrossing the country, each with a "bang zone 50 miles wide at the earth's surface, would virtually be "banging- the entire country at least once a day. The prospect of this is, to say the least, very disheartening from many viewpoints. It is very unlikely that public opinion would allow this except for military purposes. Consequently, any SST's would probably be limited to flying subsonically over land, something which can already be done in the cureent generation of jets. So, claim the critics, who needs it if you only get to use the capability

JURIS May. 1971

part of the time, and, moreover, what about possible ocean ecological dangers as a result of the sonic boom there?

The next topic is that of atmospheric pollution due to engine emissions. Answers in this area are indeed difficult to find. There is not necessarily any correlation between the supersonic flight perse and an engine's emmisions, save for the fact that more powerful engines will emit more exhaust gases. These exhaust gases need not be any cleaner or dirtier than those of current engines, and they can be as c lean as technology can make them. It is generally conr::ed~'d that the critics of the plane recognize these facts for what they are. The heart of the critics pollution arguement is the fact that tile emissions will be at altitudes of about feet, where planes in large numbers have flown. There, it is said, the pollutants may the atmosphere's carbon dioxide balance or ozone balance, or possibly other balances. The carbon dioxide balance partially determines our weather, and the ozone plays a put in out ultraviolet radiation belore it reaches the where, if allowed to penetrate the could cause or aggravate skin Cancer. Tbe nrn"",.",

of the SST say that scientific that these problems are not occasionally answer this with • W[K1Se scientific investigations • . • yours or ours,'" It seems reasonable to state that these answers are harn to Hnd, and that, in any event, the establislullE'nt of a level of poHution is a function of one's prior about the SST n~"h'r""

The final topics to be fUscussed are those of the economics and the national At thE' United States has the world's aircraft, and it that sueh endeavors have as leader in aerospace and have national balance of payments problems. The SST proponents say that if we can make and sell large numbers of SST's, say about 500, thenwewiU continue to lead in aerospace, our balance of payments will be helped, and our own national economy will be boosted by the jobs produced from the SST. All of this is no doubt true, but for the word if, say the critics. Our own airHnes, for example, are presently having trouble filling their existing seats, and SST travel just has to be more expensive, so who wl! be inside the SST's even if they are built? Furthermore, the critics say, the people who can affort to travel this new way would be a priviledged class, and why should tax dollars go into subscribing the travel of an already wealthy class? Finally, say the critics, the SST is a financial quagmire, and the predictions of the dollars involved are just for too optimistic to be reasonable; the Concorde SST, as a particular case, has already proven to be about four times as costly as its initial evaluations.

There is, in short, much to be said for both sides of the question; and I have done my best to briefly and fairly present both sides. Each reader will have to reach hIs own decision. It is my opinion that the SST, if built, would not be significantly detrimental to the environment, but that realistic economic predictions for the plane are not good. This country's transportation system needs something other than a fast SST, landing at a slow airport, serviced by a slow land transportation system.

Pale Sill

Law Review Selection An Editors Opinion

By J. STEPHEN KREGLOW

Editor-in-Chief Duquesne law Review

My PURPOSE IN writing this article is not so much to rebut Mr. James Ross' article "Should Grades Be the Sole Criteria" as it is to clarify the position of the Review. Tbe selection process of law review candidates is a problem area which is by no means locaUzed to this school. It is in fact one wbich is currently facing numerous law reviews throughout the country, Last month I had the privilege of serving as Co-chairman of tbe seminar on Selection Methods and Candidate Programs at the National Conference of Law Reviews and if I learned anything it was that the proposition that law reviews must broaden thefr bas.is of selection Is very akin to the problem one faces with an iceberg, i.e., 1/8 above the water line and 7/8 below.

Our review currently works on what is generally described as a percentage method and the theory behind its use is that there is a strong correlation between grades and potential writing ability. The figure chosen, 15%, is not arbitrarily selected but is one which represents the basic number of persons needed to operate the review. It is not "blindly adhered to" but used only as a guideline subject to editorial board change. Example-this year's

current selection percentage of the second year night - 18%, based on a need for fifteen persons. Even this figure is subject to change depending on the number of persons not desiring to accept the challenge and the fact that more individuals will be invited in their third and fourth years if they qualify.

The Review is certainly not unaware of the fact that selection on this basis may mean the cutting off of a person who is only .01 points below the level of selection. Nor is it laboring under the belief that only 15% of the people in any given class are cap:!ble of legal writing. However, a definite figure must be set in order to meet the administrative needs of the review. But as I have said the review is not immune to the fact that we might be passIng up potentially good writing talent. In resp:!nse to this very problem the poUcy of the Review has conSistently been that any article, written by any student, if it meets the standard of publication, wUl be accepted and published. With an eye to the future trends of selection and candidacy throughout the country we feel that the emphasizing of the availability of pubUcation is a significant step at this time.

Naturally the question is how can this be a Significant step when other reviews have opened membership to competitive selection? At the outset it must be noted that the word contest is perhaps more than slightly overused and definitely misunderstood. The contests currently in use by other schools range from a writing competition among only those with a specified average to one which allows anyone in the school to compete. Our board has carefully considered a change to some type of writing competition and it is our decision that a wholesale move in that direction at this time is unwise. This decision is based on the following reasons;

1. The Duquesne Law Reivew is nine years old and is only now achieving the solidification necessary in putting out a consistently good product four times a year. It is the belief of our board that several more years of producing a solid review is more important than facing the confusion and administrative burden which would be encountered if membership were to open up right now.

2. Most of the schools tbat I talked to at the Conference who bad opened upthelr reviews expressed the belief that there was no noticeable difference in the quality of the work product turned out before and alter. By opening up, most reviews faced the problem of how to help more people write their articles and at the same time find an objective standard by which to judge them. The overwhelming response was that the judging had to be entirely

JURIS May. 1971

subjective, and inherent in any subjective detetmination by more tban one person is the variation of standards of evaluation. The sheer administrative problem of coping with the increased amount of work set several reviews way behind their publication deadlines. Perhaps if your review is 30 years old and well established you can alford to miss a deadline here and there. But when you are nine years old you fIon't.

3. If change is to come, and I personally feU that it will, it must come in agradllaland orderly manner. Thts is precisely why we believe the open p!ll~mllrru1"P­ment of people in the school to strive for pUtlUcat1()n is a Significant step forward. While we are receiving the outside material we wUI still be able to function in an efficient and effective manner. However, it Is a change because we fully expect a favorable response to this open invitation. Our administrative burden wm increase but overall it will not result in trvtng to run before IE'arnlng how to walk. . ..

The open invitation that QUI' Review extends Is only qualified by one thing - quality. Self-discipline and researchtng far beyond what is needed to turn out a course paper will be required. Publication Is a tremendous incentive to any person who values his writing ability and feels a desire to contribute to legal growth. But just as any worthwhile achievement is not easily attained, a paper worthy of pubUeation requires long hours of hard work.

In direct response to Mr. Ross' contention that we should expand our criteria of seleetion to include evaluation of such programs as the Trial and A ppellate Moot Court, I wish to say one thing. The Law Reivew is dedicated to pUblication of the finest legal writing available. These other programs do not encomp:!ss this type of endeavor and thus by definition can not be included in a selection program. Possibly in the future selection wm include evaluation of the legal memorandums written by all first year students but at the moment the legal writing program Is itself being revised.

In conclUSion, it is the position of the Review that despite the controversy over grades they still represent an objective evaluation of one's writing ability. The oft mentioned -method" which is taught is quite frankly not a mere pedagogical tool but the basic requirement to problem analysis and hence the first step to legal scholarship. Until the review reaches a p:!lnt in its history when it can realistically accept the challenge of open membership we feel that our method of selection must remain the same. What is good for the goose may not be good for the gander and what may work wen at another school may not be what is needed for the Duquesne Law School. Change is coming but the times can for gradual not drastic change.

P.&o Seven

The Admissions Procedure:

By WILLIAM DONAHER

Professor of law

Duquesne University School of law

UNTIL QUITE RECENTLY, the great majority of American law schools had pursued essentially an ·open door- policy with respect to admissions. The rationale publicly advanced therefor was eloquent testimony of the skill in advocacy of either the academic lawyer or the university press relations office, but In any e1ent the alacrity with which that policy has been abandoned by so many schools as the tide of the post-war baby boom engulfed them tends to vitiate, at least retrospectively. the elate bloomer- and -economic democracr- arguments. The operative consideration underlying the -open door" poUcy was clearly the recognition that the law school could and did serve as the breadwinner for the university system, and an ·open door" policy assured maximum realization of the income producing potential of the school. Not infrequently the single confining factor to a law school's enrollment expansion was the limitation of physical capicity, and it was that limitation combined with the great upsurge of admission applicants that had enabled so many law schools to abandon, unblushingly and without a backward glance, the virtues of ·democratic educational opportunItr- and wallow in the iniguitous luxury of ·selective admission standards.- If only the historian of academe and the irontst would tarry over this reversal of field, many law schools have for the first time the opportunity to largely determine the character of its student body. It appears that this opportunity is being foregone without a recognition that it exists.

POMP or CIRCUMSTANCE?

The Pre-law advisor's handbook published by the Association of American Law Schools devotes seven pages to analysis of the type of college course work best designed to equip the law school aspirant to come to grips with his discipline and to learn his craft. There are astute observations about the importance of training in mathematics, too relevance of history and the insights afforded in the structure of the student's own language through the study of foreign languages, modern and ancient. This material apparently represents the consensus Qf opinion among law school academics as to the preferred preparation for legal studies, yet Uttle practical significance is apparently accorded such criteria in the admissions process. If the law school admissions committee newly subjected to the delights of being wooed can be indulged for a time in their pastime of playing the numbers game, such activity is ultimately a sterile occupation. It may be expecting more than humans are capable of to suggest that the committee confronted with an applicant's record of a 3.5 Q. P. and a 680 LSA T score should subject the applicant' s college transcript to tbe kind of analysis which is reponsive to the criteria considerations suggested in the Pre-law advisor's handbook. However, at that particular level where -blunching" occurs for each law school'S admisSion load, there is every reason to insist that the committee sball engage in an In­depth analysis procedure in review of the applicant's preparatory work rather than succumb to the temptation to gear acceptances to the prospect of

A Complele Li"e oj Lellal Bla"ks

showing a net increase of 5 points in the mean LSA T score of the entering class. Aside from the obvious futility and fatuity In such an <>n."Wrv"",n

it invites criticism that law schools have or no faith In the validity of their own recommendations concerning a pre-law educational foundation.

A ready, if unresponsive, reply to these observations is that admissions committees do attend to the question of course content of an appl1eant's transcript, but I suggest that equaling the negative-review, looking to wbether tbe degree is in the ill-favored field of education or the narrowly-tecbnical field of with the analysis In depth consUtutes a less

faith compliance.

Moreover, I suggest that sucb a procedure would be welcomed by those charged wUh nnll""·,rrr,,r\m.

education. Not lease of the frusteations onr\>" .. "tl

the academics of the 7Q's is the insistence u{:On elevating to major sta.tus every passing wl;im. The serious educator must be concerned by tbis dilution of the educational product; he can welcome the reinforcement of the arguments In favor of a liberal education.

Extrinsic circumstances have placed at our disposal the opportunity to generally uwade the climate of both law school and collegiate education. It would be wantonly reckless for us to dissipate sucllpotential in a meaningless force by number·juggling.

A Complete Lim' oj "upplies for IIII' Lllu: S/ut/ellt

P. O. NALY COMPANY PRINTlNG· ENGRAVING· STATIONERY

Law & Finance Building Pittsburgh. Pa. 15219

425 Fourth Avenue PhoMa: :&61-0S66 :&61.5841

JURIS May. 1971

JURIS Appoints New Editors

OlltKo; tl ~ J<.'(/itor-; n-Chief

Robert S. Joseph

:Vet,(' JURIS Chief

Patricia Parrella

NEW EDITORIAL BOARD

JURIS Is pleased to announce its 1971-197Zeditorial board. In past :years the old editorial board only selected the new editor-in-chief and the remainder of the board was a.ppointed by the editor-in-ehief. This year due to tbe large number of applications and the extremely high quality of the applicants three positions were chosen.

They are: Edttor-ln-Chief .•....••.• Patricia Parrella Managing Editor . • . • • • • • • • • . Larry Wieder Associate EdItor .••••..•.•• John McGarry The remainder of the editorial board was announced

as follows: Dave Brakoo.lecki Theodore Trbovich Donald Morgan Sanford Gross

Brion Kelley Jon Berger

Alan Klein

JURIS wishes to congratulate an those chosen and we wish them the best' of luck next year.

This year JURIS has increased its c.irculation to include more than two hundred law firms in of the major eastern ctties of the Pennsylvania Judges, every law school in tbe and many Pennsylvania and United states as weU as to alumni, faculty and ",t .. ,r!onf"

Duquesne, This issue of JURIS is the

In addition we have begun to get response to our articles as indicated by our letters to the editor section. JURIS continues to present views about topics of enrrent interest to the legal community and bas attempted to establish communication among the legal community. In addition our coverage of law school activities bas remained an important part of our publication as has our alumni record. We hope our newsmagazine bas been of value to those who receive it and we know the new editorial board will attempt to increase that value.

NEW EDITOR SPEAKS AL THOUGH it is not weU known around this

law school, the circulation of this newsmagaZine is wfde and selective. It not only goes out to students and alumni four times a year. but it is also sent to Judges, congressmen, senators, state law firms, and other law schools. It is not, then, merely a newsletter of the,sehool, but a repcresentation of our ideas, both to each other and to the outside community. Few other schools have Ibis h'Jl€ of publication at their disposal. To correctly represent ourselves is a grave responsibility, but even more important than that is to take adva.ntage of tbe opportunity JURIS provides to create, educate, mayt)(l even agitate, in an effort to awaken both communUies to pertinent social and scholastic issues. There is a tremendous talent among students and facuIty here for verbalizing ideas - that tal!?nt is almost always inberent in a lawyer. The JURIS is offering to provide a forum for these ideas and wishes to make it clear that the staff of this newspaper includes all of the students and faculty of tbis school, not merely those names which appear under the editors.

Seated - Patricia Parrella. '--Un Standing (L. to R.): John McGarry, Sanford Grou, Dave Brakoniecki, Brion Kelley, Alan ~

Klein, Larry Wieder, Donald Morgan. Theodore Trbovich and Jon Berger.

JURIS May, 1971

Page Nine

Law Review, New Editors Selected

Law Review New Editors - Standing: J. Stephen Kreglaw.

Seated (L. to R.) - Marcia I. Lappas, Henry S. Perkin. Charles J. Fonzone, R08!l Weiss and Charles W. Kenrick.

RECENTL Y the Board of Editors of Law Review chose their successors for Volume Ten, 1971-72. In addition to these individuals the new board will soon be choosing four Associate Editors to assist them in the coming year. In line with the Review's program of more involvement at least one of these Associates will be from the Night School.

The following is a short capsule history of the new editors:

EDITOR IN CHIEF - J. STEPHEN KREGLOW Formerly a resident of Bethlehem Pa., Steve now

makes his home in Pittsburgh with his wife and two year old daughter. He is a graduate of Blair Academy and Colgate University where he received an A.B. in Political Science. Following College he served with the United states Army for three years, spending the majority of his time in Germany. Since entering Duquesne University School of Law he has served as a member of the Faculty-Student Curriculum Committee, participated in the staging of a mock drug trial and maintained a scholastic average which leads his class. steve will work this summer with the Pittsburgh firm of Kirkpatrick, Lockhart,Johnson & Hutchison,

BOOK REVIEW EDITOR - MARCIA I. LAPPAS

Marcia was born in Greensburg, Pa, and attended Hempfield Area Senior High School. She graduated with an A.S. in English from Thiel College where she was President of the Woman's Student Government

Association and a member of Chi Omega Sorority. While at Thiel she met her husband Nick who is presently a Toxicologist for the Allegheny County Coroner's Office and studying for his Ph.D, in Pharmaceutical Chemistry here at Duquesne. Marcia comes from a family in which an interest in the law seems to run rampant. Her brother is an attorney and her father H. Reginald Belden is President of the Pennsylvania Bar Association. Marcia is currently working in her father's office in Greensburg.

ARTICLE ,EDITOR - CHARLES W, KEN RICK

Born in Chicago, Chuck has lived in the Pittsburgh area for most of his life. He was educated in the Mt. Lebanon school system and attended Kenyon College where he graduated with an A.B., cum laude in 1968, majoring in Philosophy and Religion. While at Kenyon he was Secretary and member of the Campus Senate, a member of the student counCil, a dorm proctor, a nominee for a Woodrow Wilson Fellowship and a member of the golf team, serving as captain in his senior year, Chuck started at Duquesne Law School in the fall of 1968 but alter a few months had to drop out of the first year to serve on active duty with the military reserves. He started again in 1969 and since then has served on the Faculty-Student Programs Committee in addition to working in the Library. Chuck is married and will work this summer with the firm of Gau, Cohen & O'Brien.

JURIS May, 1971

COMMENT EDITOR - HENRY S. PERKIN

Hank is a resident of Allentown, Pa. and did his undergraduate work at Duquesne University where be received a Bachelor of Arts degree in 1969. While in college he served as President of Zeta Beta Tau Fraternity and Treasurer of the Interfraternity Council, While at law school he has been a member of the Faculty-Student Library Committee and is the recipient of a Law Grant. In addition, Hank presently serves as an advisor in the Resident Halls at Duquesne.

MANAGING EDITOR - CHARLES J. FONZONE

The new Managing Editor of the Law Review bolds both a B.A. and M.A. degree from Lehigh University, Bethlehem, Pa. After three years of teaching English in secondary schools, he entered the Marine Corps in 1965. Seeing service in both the Continental United states and the Far East, Captain Fonzone was awarded six personal and two unit citations. Chuck, a resident of Fullerton, Pa., entered Duquesne University School of Law in 1969 and has served as a member of the Juris stalf.

RECENT DECISIONS EDITOR - ROSS WEISS

Formerly from Jenkintown, Pa., Ross now resides with his wife in Pittsburgh. He is twenty four years old and a graduate of Pennsylvania State University where he majored in general atrs and sciences. In addition to his duties as an Editor of the Law Review, he also serves as a member of the Faculty­Student Committee on Clinical Education and is a finalist in the Appellate Moot Court competition.

M etamorphis

D EAR OLD Law School: You have molded Tn'" and you have shaped me. You have exposed me to t!Je thoughts of countless men, some with whom I a?Tee and some with whom I disagree. You have scared me. You have worked me. And vou have bored me. You have sent me to the waiiing wall, som"times apprehensive sometimes calm. I have 11"ft its site sometimes exhilarated, and sometimes sad. Law School, you have provoked me to criticize and you have challanged me to defend. You have indoctrinated and you have enlightened. You have

me to adapt as you have taught me to remain steadfast. You have taken me from a position of 'l,'eakness to a pOSition of strength. You have criticized me and you have appreciated me. You have developed my rapabilities to a point immeasurat)ly greater than "','pr before. In short, dear Old Law School vou have

me for the practice of Law. .

Dear Old Law School, despite all your virtues have been lax. Your emphaSis is on 11?gal theory

the e'{clusion of practicality. Your rhetoric is progrE'ss but your reliance is stare decisis. Your dt'velopment is slow yet your potential overwhelming. You reach into the casebook but not out beyond it. You hear our voices but you do not listen. Your

are for the future but they are not reaped those now present. You liberate the individual there remains a democratic unfreedom. In shor1'f Old Law School, while my horizons ha ve broadened

your's have remained constant. Advocacv that vou teach must now be practiced. Only in' this way may those who succeed recollect nothing but tribute.

Terry Lerman

• Page Ten

)7 OU CO~ INTO Law School like a Iamb to the slaughter, with the vague notion that it requires quite a bit of reading, but if you have the ability to remember most of what you read, you have it made. Disillusionment sets in rapidly; nobody had told you that (1) Nothing you read seems to make much sense, (2) appellate judges are obviously selected for their ability to write an opinion without giving anybody the foggiest notion of what they are talking about, (3) the classroom technique used are designed principally to point out that your classmates don't understand the stuff any better than you do, (4) the professors don't seem very sure of anything either, and (5) YOIl should have learned to' type, b~cause no professor can resist the temptation to give the best grades to those whose examination papers he can read. You do all this at night trving to ~neak in some daytime study on the job 'without lettIng your boss know you are going to law school, because if he finds out he'll probably fire you. You go through the entire first year without ever figuring out what it is you are supposed to be learning-. ?nce you get through, you aren't sure, if you had It to do over again, whether you would. In short, it's TO{1GH to get to he a lawver. And I used to think they were just ordinary pe~ple. No doubt we will be hughly su('cessflll; the rewards for surviving such an arduous educational experience must be great indeed!

- Don Roberge

N OW THAT four years of law school at night is merging into cram school and bar exam time, thoughts of what it has been like are difficult to verbalize. A cliche about not taking a million dollars for the experience nor enduring another four years for a million might be appropriate if the tuition did not go up each year. The formation of friendships that span the years might be cited if I were not graduating under my third dean with only about one third of those who suffered through Pierson V. Post with me. Professor, now Dean Davenport's statement that the law is a jealous mistress, demanding of time and attention, prnved more true than humorous. Like most paramours the time was at the expense of family and ot.her social life. Despite these short comings and the tribulations of a Socratic teaching method, Babylonian administrative techniques and test procedure of an unknown oriental dynasty, I am convinced of one fact. Duquesne Law school is the only law school fr(1m which I will graduate, hence Duquesne Law School and I are mirror imafles A ny laurel or stature achieved reflects on" th~ university; any esteem and regarrlwith which Duquesne is held in the community not only enhances the value of a diploma but my stature in the community. Thus I extend hopes for success to reward each of my classmate's endeavors and urge the faculty and students of the Duquesne University School of Law to continue to strive for excellence academically and professionally. - Martin F. Regan

JURIS May, 1971

EDITOR'S C(

THE FOL LOWING [SSA YS wer" crosssection of both the picture of the sentiment or dlverg-ent views some have a lawyer is IlDt an suppas" to foster the

Graduating Cia

'S COMMENT

seniors who will be graduating this June. I chose a order that the readers of JURIS could get a better

the graduating class of 1971. You wiJ1 notice the the Duquesne Family. Bear in mind that becoming

other law school, and the legal education is not the undergraduate level.

in the years to come, we will hopefully discover ,;;ehool of Law was worth all the misery, frustration,

I'll be proud of my degree, and am sure my fellow they may express at present.

Class of 1971

MULLING OVER the authoritativeness of that venerable doctrine of senior estoppel, we members of the "remainder- quite naturally are conSidering what we've been doing these years in law school.

First year we were subjected to the vagaries of the socratic method; its uses and abuses. We were advised that while all of us were capable of doing the work. a substantial number would find ourselves more capable selling insurance. One professor was pessimistic enough to predict a second year class consisting of "nothing but a seminar,- The initial depression of the first semester having subsided, fear inspired us to give the rest of the year the old college try. Unfortunately law school wasn't college. Answers were not our objective we were constantly told. Still questions were posed and responses expected. "Think Uke a lawyer'- EXams came; "heads rolled- as predicted. Some stalwarts succumbed to the draft. Nevertheless a contingent did register for the second year.

The second year arrived and "we began.· That year we expected, as the saying goes, "to be worked to death.· It was very "taxing.· There were statutes to be interpreted, about one hundred pages a week to be waded through in constitutional law, and always the familar property rules to be "revisited." Those so inclined became active in the various law school organizations. And who could forget "shoW and tell" three times a week.

continued on Page 12

JURIS May. 1971

For the most part second year was application of those skills acquired in th~ In short, it was more of the same - much more. During the second year many students an unusual method of putting on their trousers. """''''''''''~,1' it involved leaping into both legs at once. We were told this practice was unique to Duquesne. Thesecond year was interesting.

"At this point" I believe it is fair to say. that most students approached the third with a cavalier attitude, "alright.- By time were almost convinced that graduation was inevitable. We all expected soon to be "holders" of a law The specter of the 2.00 third year requirement '\Vas a great leveling influence, at least in tbe rust semester. The emphasis was on the future. A concern of many was to secure a job. I would remiss not to mention at this "juncture" that there were "not infrequently" SEA sponsored events beld. The fact that we were still ·susceptible" to academiC "damages" militated against our wnole hearted participation at times.

Generally law school has been an lntPT',';';rm2·

rewarding experience. I have studied under some excellent professors who ranged from territorialist" to erudite philosophers. Like many experiences in life it is one that I wouldn't han­wanted to miss, nor wouln I want to

Good luck to all.

"'\.T ~ ~ a LAW SCHOOL experience is perfect. I

havf' spoken to students at Temple, Penn, Harvard, Pitt, etc., and I have never found a student at a loss for complaining about something or someone at his law school. Duquesne is certainly no exception, but too often our tendency is to remember the bad and discount or totally forget about the good.

At Duquesne r have found a warm comradeship between my fellow students and my professors. Contrary to what many p!>ople might sa}', I have found thf' faculty to be open and receptive to students and their problems, legal or otherwise. Too often I have heard my colleagues comment that professors don't talk to students and they are cold. But coldness results when there is no fire, and to have a fire vou must stoke the furnace with coal or put more logs on the fireplace. So too, a student must make the effort to approach a professor, for it is not the profE>ssor's job to dissipate any supposed barriers. I have found that it is the professor's job to teach the law, and the student's to humanize the relationship.

The consensus here is that the third year of law school is boring, and it is. But that problem is not peculiar to Duquesne. Boredom does not stern from the law school, it stems from an innate feeling in all law students at all law schools when they see their future perched on the nearing horizon with a few months to go until it becomes a reality. How often I have felt that the last half hour of a five-hundred mile trip was the longest, and all the scenery began to look dull and boring. Butfor the first time, Duquesne is trying to make the "trip" for the third year law student more interesting. Students and faculty are getting together and deviSing clinical programs and course selection to alleviate the boredom. I think it will help, but we all know that there will always be a "last half hour- to every trip, and it will still seem long.

1 feel that I have gone through three tough years, and perhaps I have been one ofthe biggest complainers about the pressure this law school seems to put on the students. The grading system is devastating; the flunk-out rate is still staggering; and the 2.0 requirement in the third year is onerous. Up to now I have never been able to understand why this law school couldn't be Uke all the others and have, as a given, that if you make it through the first year you're all but home free. But I think I might just see a method to this madness - the practice of law itself is a constant challenge ruffled with many different types of pressures. I can't say that I have enjoyed three years of feeling as if I were in a vice, but I think this law school has made me tough, and It may take a few years until I can appreciate what this law school has done for me.

In looking back over my law school career I am reminded of a statement that a former professor of law at Duquesne, Dean Rafalko, used to make, "It's the big picture that counts." 1 can honestly say that aithough I have had a myriad of small complaints that all seemed big at the time, the 'Big Picture' at Duquesne has been a good one. I have had some very fine instruction and I have had some poor instruction. I have felt oppressed and I have felt that I have been treated as an equal. In June a diploma will say that I am a lawyer, but I think that my overall experience at Duquesne will make me feel like a lawyer, and tome that is import­ant.

- Joel M. Breitstein

Page Twelve

continued /Tom Page .11

DEAR FACULTY: For three years, you've taught me and influenced

me, advised me and led me, and T only know what else you've done. You've made me the lawyer that I am - good or bad - your work is finished. But it's not really. Nor will it ever be.

DEAR LAW REVIEW BOARD and STAFF: Whether the purpose of law review is intrinsic

or extrinsIc, we've taken a step in the right direction. Our end product is Volume 9. It contains an unprecedented Symposium, an unprecedented Special­ization Issue and an unprecedented effort by the Staff and Bo~rd. If the dignity of a law review is founded on careful analysis and exhaustive research. Volume 9 has dignity. Modest I'm not. Volume 9 is a good volume.

But my fellow-editors and staff, my reflections go beyond the covers of Volume 9. The day will corne when pn forget its content, but never will I forget the effort, the consistent obsessed effort, that the Board exerted over the year. We were janitors and we were scholars - we were adminis­trators and we were editors - we were friends and we were foes - we were a lot of things. And the faithful effort of the staff has not gone unnoticed. Collectively you were the Review, but individually, you were much more. Remember that.

JURIS Ma 1971

DEAR FELLOW-STUDENTS: Our academic life is almost over. I mean really

over. And after the Bar Exam, we depart. Jerry will go with the District Attorney. Jake with the Attorney General, Dick with a partnerShIp, John with a firm. We all know where we are going, hopefully, but where have we been?

Three years ago we were a nervous crowded class we're not so crowded any more. Nor are we a lot of other things. Something happened - good or bad, exciting or dull- something happened. We're lawyers. With final exams upon us, and the Bar Exam pressing, reflections have a tendency to be unruly. But like it or not, three years have passed, and something happened.

Good luck in the future! - William C. Costopoulos

... Pal. Tblrl •• U

ALUMNI PROFILE -By

JON A. BERGER

Second Year Night

Henry X. O'Brien

\V HEN THE Pennsylvania Supreme Court opened session on January 3, 1962, a new Justice was presented to sit on that Court's Bench. That new Justice was the Honorable Henry X. O'Brien. It was a fine day for Pennsylvanians and an especially proud day for Duquesne University and its School of Law. Justice O'Brien is an alumnus of Duquesne whose youthful and adult life has been closely associated with our School.

His concern for the welfare of Duquesne is evidenced as far back as 1925 when he saw communications gap among the diverse student body and faculty. Today everyone who reads THE DUKE owes this pleasure to its founder, the present Justice Henry X. O'Brien.

The story of Justice O'Brien's contributions to his community and Duquesne University will be told in a work so much larger than this law school magazine. But every Duquesne Law student should know that this great alumnus served Allegheny County as Assistant District Attorney from 1942 through 1947 when he was elected a judge of Alleghenv Countv's Court of Common Pleas. He was re-elected to that bench in 1959 and served until 1962 when Governor David L. Lawrence appointed him to his seat on the Pennsylvania Supreme Court. Justice O'Brien's contributions to Duquesne University include service on the Faculty of the School of Law and also as a member of the President's Advisory Board.

A conversation with Justice O'Brien is enough to imbue any person, lawyer or student with a fresh charge of confidence and purpose. Forty-two years as a member of the bar have left him with enough insights to see through the complexities of our times.

While correctly reluctant to speak out on specific issues that could conceivable come before his bench, Justice O'Brien is most eager to express his views on today's students and young people in general. "People in schools today are interested in knowing how they compare with those who have gone before them. That is the wish of anyone who strives for perfection ••• to know how he compares. My answer is that they compare favorably.-

"Today's young people have an impact on the world, more in some communities than in others. Thinking adults realize that young people have a point of view. Sometimes young people have superior knowledge but experienc~ is needed to give stability to this knowledge, and the older generation would be better off if they would realize that young people have a point of view that the elders didn'tor don't have. When people get older they become more restricted in their thinking and don't advance as fast. They tend to take the easiest course in putting things in perspective as black and white. They take a simplistic approach and want easier answers.-

JURIS May. 1971

With respect to Duquesne recognizable both physically and when Justice O'Brien was a student He is comparatively better in both relini?CLS

can be compared favorably with any U,"",""'''''JU higher learning but when Justice O'Brien was a student there was a stable where Canevin Hall now stands.

Harking back to when he was a Justice O'Brien said that he was advised that there were no more opportunities in the field of law. he advises stUdents just the QPPQl1ite. He one of the best features of a legal education Is that one can take so many diverse roads from law. The Justice attributes much of this to me law schools themselves. "Whereas law students used ttl learn just the legal subjects, there is greatsr under­standing and wider scope in law schools today. The schools are willing to accept neW challenges."

-Today's law students are more aware of wnat going on around them, and they are students for it. - Justice O'Brien saw this change in nY"""",'"'''' when he was a member of the faculty of the UUll~t::.1.lIt! University School of Law.

Pressed to comment on areas pertinent to lu' students where he would like to see improvement, Justice O'Brien admitted that he hopes that law students will see the need for discipline in personal conduct as well as educational subjects. He would like to see law students and young lawyers better ~"nft"~""'" not in terms of conformity or the acceptance of the ideas of others, but rather in their conduct toward others.

Justice O'Brien's optimism shines most when he speaks of the court system itself and re­organization of that system that is ill progress. He believes that this reorganization is long overdue and has been forced upon the legal system the rapidly changing nature of society." "The structure will have to run fast to keep up changing society, but we're running in tile direction, and the young lawyers and law da,,,,,",,tc

of today can find fulfillment running with it."

Student Bar Association Selects New Officers

By JAM ES DUNN, President

New Officers - S.B.A.: Seated, Jim Dunn. Standing: (L. to R.) Laura Horton.

John Kerry Lewis, Rosezella Canty and Dick Linderman.

On April 12, the new Executive Board oUhe Student Bar Association takes office. It is composed of:

Jim Dunn . • .•••••..••.•.• President John Kerry Lewis ...•. 1st Vice President Laura Horton ••..•.•.. 2nd Vice President Rosezella Canty . • . . •.••••• Secretary Dick Linderman • . ••..•••.• Treasurer

A LARGE amount of rhetoric and ink has been expelled of recent date about tbe DuQuesne Law School FAMILY. At the outset of my term in office I wish to take a position on tbis subject. I am unalterably opposed to the concept that this law school is a family. It should not be so considered.

An educational institution today, be it law school or college, cannot allow Itself to operate as a tamily, for It it does so it loses that commodity which dlfferenclates it from most otber organizations in the modern society - The free Interplay of ideas. This law school must cease to be a family and begin the evolutionary process ot becoming a COMMUNITY. The dltference between the two is enormous.

A family is, first of all, hierarchical. No other unit better embodies the arcbtype structure of the organizational pyramid. Decision making takes place at the top, with the directives carried out on the bottom level. Flow of information comes downward: flow of productivity goes upward; and reward is easlly identified as an upward step in the system. I leave it to the reader's finely tuned analytic mind to ferret out which group at Duquesne occupies which position.

The community concept is circular in structure however t and operates on the theory that ideas, to be correctly affectuated. must move not on a vertical plane, but rather in spherical orbits interconneeting all segments within the community. The keystone is interdependence.

All groups recognize that they are vital to the structure and that all other groups are likewise vital. For the idea of one taction within the system to be acted upon it must be channeled through the other sectors for feedback, modification and approval.

When applied to the situation at Duquesne the community concept demands numerous changes, the most fundamental of which is the establishment of a joint Administration - Faculty - Student Policy Making Board. It is not suggested that all groups have equal representation but rather that all units be represented and each representative have equal powers. This will allow input and output from eacb segment within the community.

Community means also that the committee structure must be revamped. At the present, with student non­voting membership on various committees, this group has input abflity but no particiPlltion. The situation stlfies dialogue for It institutionalizes a lack of confidence and respect for a major segment of this law school.

Community further means that we must come to

JURIS May, 1971

realize that there is no one in this Institution who does not have at least 15 years of education and a modicum of innate intelUgence. A mutual respect must come forth from all groups, and dialogue, which Is the pJ,ramount element in the classroom must begin to occupy a similar posItIon outsi~ the classroom.

The impetus for this change must come from the student body. It demands a constant, rational, under­standing approach which has a defined direction and an evolutionary character.

The faculty has a responslbUUy also, for they provide continuity to the community which its 3 year members cannot provide. As educators they must begin to respect their work product. If the job of the faculty is to teach the student issue analysis and prOblem-solving technique they can no longer take the two beaded approach that the law student is pre(Gred to be a leader in society but god-forbid he should try to influence things here.

Community is the byword for a true educational experience. It is necessary if this law school intends to live up to the high aspirations It holds for itself. Failure to commit ourselves to such a goal is a failure to show awareness of our potential.

To paraphrase Bob Dylan: -If your time to you is worth saving You better start swimming or you'll sink like a stone.-

CRUCIAL

STEP

TO

GREATNESS By JAKE MYERS

s.b.a president, 1970-71

HAVING SERVED as Student Bar President this past year has given me a unique opportunity to observe the Law School from what maybe referred to as an inner perspective. A result of this inner perspective has been the acquisition of what I feel to be an honest impression of Duquesne Law School­her attributes and her shortcomings.

Evaluation of our raw potential leads to the unquestioned conclusion that we have the resources to become a superb law school. Whether we will become such a law school depends upon crucial decisions that must be made in the next few months.

Most of you are aware of the fact that in the past two years the law school tuition was increased 42% or a total of $500. What may not be realized by many is that out of the $300 increase imposed last year, little or nothing was retained by the law school for law school benefit. I am not questioning whether the. decision to tolerate that situation was good or bad. The above facts are cUed only to give some insight to the situation as it is today. The students have been led to believe that even though over 50% of their current tuition is now gOing outside the law school to finance other University programs, and regardless of the fact that we are in dire need of additional faculty members and better facilities, the price tag for either of the preceding may be an additional tuition increase.

The possibility of the above compels the following observations. The Quality of education we have received

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these past three years can not be measured by any amount of money. We are leaving Duquesne Law School prepared to compete as lawyers with the best products of any of our sister law schools and for that we w111 be eterDaly grateful. The essence of great potential is our extreme good fortune in having a faculty and law school administration that not only have the ability but tbe willingness to perform their duties in a most exceptional manner under conditions which are at best extremely adverse. Our faculty is underpaid and its workload in almost insufferable. Our student-faculty ratio is among the highest and our entire physical plant is woefully inadequate.

The above facts lead to one conclusioD. Dean Davenport and the faculty and Jim Dunn and the Student Body have a job to do Dert year. They are going to have to impress upon those who make the decisions that lnspite 0.1 the fact that we are receiving a fine legal education, unless the present inequities are remedied not only will we not become great, but we are going to suffer servere setbacks in the near future. The University officials and members of the Board of Trustees must become aware of what they are doing to our Law School.

In the past year the student body has been patient and understanding of the financial crisis that bas beset the University. However, our patience has been met with apparent indifferance and lack of consideration. We were out maneuvered last year wben we took at face value the assurances that the University Administration was to be responsive to our needs. We should no be patient. We should no longer accept that tllings will get better in time and we should no tolerate not being fully informed as to what steps are being taken. We should impress upon the University and our alumni, particularly our alumni who sit on thE Board of Trustees, that our conditions are intolerable and that their indifferance is their la'l\ school - our law school.

I am confident that we are men and I sincerely hope an understanding of our problems so can provide the necessary leadership to take that crucial step to greatness.

JAKE MYERS President, student Bar Association 1970-71

Hard day in court?

JURIS

Relax at

Cocktails /J1Jr~ • .1 UJltck • :binPtelt

1aJc,e-(Jd $eJWice

A kitchen open

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midniMht

Phone 261·34.!) 7 1033 Forbes Avenue, Pittsburgh, Pa. 15219

May, 1971

P.A.D. Egan Chapter

By STANLEY UHR

news editor

Left - Stanley Uhr. Most Outstanding Member and Right - Raymond Radakovich, Scholarship Award.

P HI ALPHA DELTA held its Annual Awards Dinner at the Holiday House on Saturday, March 20, 1971. Presentation of awards went to John Reed (Presidents award given each year to the justice of the fraternity), Raymond Radakovich (Scholorship award given to that member of the fraternity who attains the highest cumulative average for two years­day or three years-night), Jerry Johnson (Most Distinguished Member award given to that member of the fraternity who has distinguished himself outside the fraternity), and Stanley Uhr (Most Outstanding Member award given to that member of the fraternity who has contributed most inside the fraternity).

(Left to Right) - Ronald Kubouicic. Richard Lebovitz, John Byrne, Michael Bart, Julie Burkee and Robert Costello.

The following were recognized and are to be congratulated for their contributions to PAD, both inside and outside the Fraternity:

Frank Collins, Robert Joseph, Terry Lerman, Bill McKim, Jake Myers, Jack Sherry, Mark Silver and Tom Silverman.

Installation of Officers also took place. Those installed were:

Richard Lebovitz (Justice), Michael Bart (Vlee­Justice-Day), Ronald Kubovick (Vice-Justice-Night). John Byrne (Clerk), Julie Burkee (Treasurer) and Robert Costello (Marshall).

COnfrratulations are extended to the new officers and be~t wishes for a successful year.

At the Senior Dinner, April 18, 1971 Professor Patrick Basial, our Faculty Advisor, was presented the Outstanding PAD Alumni Award.

This year has been a successful one for PAD. An increase in membership and an expanded freshmen orientation program were major accomplishments. In addition women were admitted as alumni andactlve members for the first time. Peter King, a Pittsburgh A ttorney and Candidate for City CounCil, was appointed the first Alumni Advisor for Egan Chapter. The used book sale continued to serve the needs of a great many students. This was only marred by a change in an unusual number texts by our professors. P AD continued to provide a forum (or students and faculty to meet and discuss many areas of interest, both in and out of law school.

JURIS May. 1971

There are a greater number of "rr'omnl

that can be aehieved next year. On the ~!l!m!lllIK table now are plans for a professional program a more extensive placement program. The placement program is the most imfX)rtant, and hopefully with the summer to advantage can be taken of our alumni chapter. Up to this time contact with our alumni has heen minimal, and it is conceivable that greater contad through an organized wUl provide many job opportunities for PAD The professional prog-ram would include seminars, speakers and films on the lelraI ~N,4'M·~i,'n

It is the purpose of our fraternity to provide service to the students, to the law school and to the professIon. This purfX)se has been met. PAD has played an active and important part as a member of the Jaw schoo! family. It is a part that We are proud to have played. In the coming years that role should grown and PAD will meE't the that stem from that growth.

Left - John Reed, winner of President's Award. Right - Jerry Johnson, MOllt Distinguished Member.

-P •• e "ye.,ee.

Trial Moot Court Winners

ITS WINNERS AND ITS FUTURE!

By ALAN C. KLEI N

Second Year Day

Pete FOllter, Jerry Johnson, Elmer Beatty and William Smith.

I T'S A LMOST time for the curtain to fall on another academic year at Duquesne University Law School. Tills, too, Signifies the completion of another Shalom Trial Moot Court competition.

Indeed this year is significant because our trial program has received some new guidelines from the Student-Faculty Curriculum Committee for next fall. Following in the footsteps of the appellate moot court, only the first round will be compulsory and succeeding rounds voluntary. Complementing this new procedure w111 be a new set of films, portraying incidents with the setting being Duquesne University. This will be especially benefical since students may relate more easily to this surrounding area. other

landmarks will be easily indentifiable, and the incidents themselves will produce better factual situations.

Professor Aaron Twerski. director of the program, is de lighted with the shift towards a voluntary program. He remarked, liThe trial moot court can be a tremendous learning experience. It exposes students to hidden talents and gives them a taste of the feal life situation of a courtroom. With the shift in the program next year, this will give students with an avowed interest in trial work the opportunity to proceed through the voluntary rounds should they lose their compulsory trial. •

Recognizing that moot court programs are frequently unwieldly administrative headaches, Professor Tweski believes the most beneficial aid to the program is that it be broadly student based. This gives rise to innovative thinking desparately needed in this type of activity. He added, "Evidence of this ide!!. is the tremendous job this year's board did to administer an efficient, well~run program.·

The two winners this year are Jerry A. Johnson of the day school and William J. Smith of the night school.

Mr. Johnson, a native of Pittsburgh, not only is a trial moot court winner", but a member of both the Appellate Moot Court Board and the Law Review. While maintaining his number four position in the class, he has worked for the District Attorney during this year as well as the past summer. He feels his experience in the District Attorney's office helped him immeasurably with his success in the competition. He encourages all students to take ad­vantage of the trial tactics course as well as exposing oneself to an actual trial downtown.

JURIS May, 1971

Jerry expressed his belief that the program was most beneficial in that it afforded every student some familiarity with the preparation and execution of a trial completely within his own discretion.

His own personal future lies for the next t..vo veal'S with the Army with whom he is a commissioned officer in the Infantry Division. He has reeeiveij some tentative offers from a number ot firms of course. must delay his plans.

William J. Smith is a night law student. He thirty years old, married, and the fa.tt,er of three children. Besides pursuing his law ear!':"!,, he has found the time to become a certified accountaIlt and a full time employee of Reed. Sbawand McClay. A r~siaent of Plum Borough, Mr.Smlttlrauks first in his class and marks among bis activities at the Duquesne the treasurer 01 the Student Bar Association and a writer for the JURIS.

Bill (along with Jerry) felt that any cf.it:clsms of the program are largely due to the mue of administrative procedure required in the dir€'Ction the program. However, he was especiall}' thankful for the opportunity of receiving an "on your feet experience," which was highly relevant to an actual court room situation. Though be did not take trial tactics, he said the three Greenfield lectures were beneficial and "",¥ ... ,,,,,, to give a working knowledge in preparation of a case.

An interesting point expressed by Bill is tbat the attorneys who are the judges in the moot court "know what it takes to prepare a trial and are more qualified in the judging of law stm"l",nt'i:

than actual judges who have been removed from this type of preparation." Though Bm does bave his C.P.A. be is eagerly anticipating the of law. He has not ot yet, accepted any offers nen year.

Competing through six rounds of trials A. Johnson and William J. Smith have demonstrated their talent for trial work. They are an excellent product of our trial moot court program. Now It is on the the Gourley Cup finals with the of Pittsburgh. We wish these two fine students in the competition and much success in the future.

Pale Ei,hteen

* * INDOCHINA: Manderino for Supreme Court

-continued from page 4

To this end, recognition of the Peking government is indispensable. The refusal to recognize Communist China was based upon the rationale that sllch recognition would produce no tangible benefits to the world. Clearly in 1971, as we seek to withdraw honorably from South East Asia, only great sorrow can come to mankind if we continue to ignore the realities.

Louis L. Manderino, Junge of the Commonwealth Court of Pennsylvania, has bf'en en­dorsed bv the Democratic Party for a seat on the Su­preme Court of

JOOgl? Manderino served on the faculty of Duquesne Uni­versity Law School from 1956 to 1970, He was Dean of the Law School from 1968 to 1970.

JURIS wishes Judge Maoo­erino success in his upcoming campaign.

We can only expect a Geneva-type conference to be convened when the United states evid.ences a willingness to deal with the People's Republic of China as a full member oUhe International Community. To this end, recognition of the Peking government is indispensable, The official reasons given in 1958 for refusal to recognize Communist China was that such recognition would produce no tangible benefits to the world and the regime would not be permanent. Clearly. in 1971, as we seek to withdraw honorably from Southeast ASia, we cannot continue to ignore the realities. *========================*

6 Convenient Offices To Serve You

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JURIS May, 1971

.J an associate

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contact:

Duquesne Placement Service Dean John J. Sciullo

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JURIS May, 1971

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Alumni Record

EDITOR'S NOTE:

Due to the increasing number and circulation of Ol1r alumni, it has become exceedingly difficult to 3'?curately monitor their activities and achievements since graduation. In order to give their individual distinctions the proper acknowledgement they deserve, J~'RlS encourages the families and friends of Alumni to make public this information by directing cor­responrience to THE ALUMNI EDITOR, Juris news­magazine, Duquesne Law School, Rockwell HaU, Pitts­burgh Pa. 15219. Only through your efforts will (pJlow-alumni receive this data. Thank You.

* '" '"

L '62 JAMES R. DUFFY , graduated from Duquesne i.'niversity in 1953 and The Law School in 1962 as a memher of the Evening School Division. While

attending law sehool, Mr. Duffy served as Supervisor for The Travelers Insur­ance Company and part­time instructor to the American Insurance Insti­tute, a national organiza­tion charged with the train­ing of Claims personnel.

Following his admission to The Bar in June of 1963, he joined the local Law firm of McArdle, Mc­Laughlin, Paletta and Mc­Vay, located in the Frick Building, downtown Pitts­burgh. As plaintiff's coun-

sel, Mr. Duffy has had extensive experience in all phases of Personal Injury and associated Negligence practice. Attorney Duffy considers Trial Litigation "to be the major source of 'new law' today."

He resides with bis wife Collette and Z cbildren in the Whitehall section of Pittsburgh.

by

Thomas N. Silverman

L '67 - JON BOTULA .•• is a sole practitioner and Trial attornE'Y emphasizing Criminal Law and Personal Injury advocacy. During his law 51:hoo1 career, Mr. Botula was a Probation Officer in the A llE'gheny County Juvenile Court System.

Following his graduation and admission to practice, Mr. Betula served as law clerk to Judge Ann X. Alpern of the Common Pleas Court.

Rect'ntly Attorney Botula has entered the Contract Negotiations field, representing loea1 atheletes In their efforts to win positions on National Professional Sports teams. His most recent placement was Charlie Hall, the former University of Pittsburgh football star, with the Green Bay Packers. .

Juris Duquesne University School of law 600 Forbes Avenue Pittsburgh, Pennsylvania 15219

JURIS May. 1971

L '68 - EDWARD ABES •••. a graduate of the Day Division Class, is engaged in General practice in the Law and Finance BuUding downtown Pittsburgh. Tbe former student Bar President participated as a staff member of Governor Shapp's campaign team, coordinating activities in Allegheny County durIng 1970.

Attorney Abes' principal interests lie in the areas of Labor Law and Labor relations. He is a member of the Labor Law section of the Allegheny County Bar Association as as a committee member the Duquesne Law Scbool Alumni Assn. Currently be is serving as legal consultant to the Student Help Center located adja.cent to the University of DII'+d"".~,.h in oakland.

As an advocate of Bail-Bond reform, Mr. AbE's bas also lent bis legal expertise to tbe formation of the Pittsburgh Pre-Trial Justice Program, which was recently created to alleviate local (Jl'llnr;:'<:<:1

BaH-Bond practices.

Mr. Abes and his wife Linda, reside in the Squirrel HlIl secUon of the ctty.

* .. * ..

L '68 - DONALD S. HERSHMAN. " Following his graduation from Duquesne Law School in .JlIne of 1968, Mr. Hl'rshman entered private pradice in Pittsburgh. In October of 1969 he took a with the Antitrust Division of the United Stat.es of Justice at the Middle A tlantie area fie Id office in Philadelphia. While with the ,Justice Mr. Hershman experience in workin!l with the variolls involved in Antitrust

Currently, Mr. Hershman is associated with the Pittsburgh law firm of Litman, llarris and Specter with offices locat€'d in t.he Grant and he is primarily concerned with plaintiffs treble damage litigation.

Mr. Hershman resides at 6305 Marchand street in the Shadvsirie section of Pittsbur£ch with his wife Patricia· and son Drew. . ..

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