Cleveland State UniversityEngagedScholarship@CSU1980s The Gavel2-19831982 Vol. 30 No. 3Cleveland-Marshall College of LawFollow this and additional works at: https://engagedscholarship.csuohio.edu/lawpublications_gavel1980sHow does access to this work benefit you? Let us know!This Book is brought to you for free and open access by the The Gavel at EngagedScholarship@CSU. It has been accepted for inclusion in 1980s by anauthorized administrator of EngagedScholarship@CSU. For more information, please contact library.es@csuohio.edu.Recommended CitationCleveland-Marshall College of Law, "1982 Vol. 30 No. 3" (1983). 1980s. 20.https://engagedscholarship.csuohio.edu/lawpublications_gavel1980s/20Vol. 30, No. 3 February /March 1982 Cleveland-Marshall College of Law RON ... , ????????????? FIRST VEAR a:av-el (gavel) n-s often allrih (ME, fr. OE gaj(JI, fr. the stem of giefan to give - more at GIVE) I: periodic payment to a superior in medieval England gav-el / " I n-s (ME, fr. gave/le sheaf, bundle) I: the amount of mowed grain sufficient to make a sheaf 2: a bundle of straw or reeds ready to use for thatching gavel / " / n-s (short for gavelk ind) I: a body of joint tenants that are blood relatives gavel / "/ n-s (origin unknown) I: a mason's setting maul 2a: the mallet of a presiding officer (as in a court or legislative body) b: a mallet used to attract or command attention, as at an auction THE GAVEL (the gavel) n. I. a student publication of the Cleveland-Marshall College of Law EDITORS Michael Karnavas Karen Kilbane John H. Reynolds STAFF Fedele De Santis, Kathleen Ende. John Keys, Roman Mironovich PHOTOGRAPHER Roman Mironovich FACULTY ADVISOR Thomas D. Buckley TYPESETTER Irma D. Schaeffer Cleveland-Marshall College of Law Cleveland State University Cleveland, Ohio 44115 216-687-2340 Entire contents copyright 1981 by The Gavel. Permission to reprint any part must be obtained in writing from The Gavel. The ~iews expressed herein are those of the newspaper or its bylined reporters or contributors and do not necessarily reflect the views of the student body, administration, faculty or anyone at the College of Law of Cleveland State University, un~ess specifically stated. INSIDE: C-M News Reagan's First Year p. 4 p. 9 Letters to the Editor p. 18 The LAST ISSUE By Michael G. Karnavas The last issue of The Gavel has proved once more that it is easier to raise brows than to raise consciousness. This regrettable fact became most apparent when some C-M students displayed their maturity and ability to confront a difference of opinion in print, by placing several issues of the Gavel in urinals. Presumably, these clever students were no less trying to "piss-off' The Gavel staff. One can only admire the craftiness and ingenuity of these students who honor the First Amendment by pissing on a free press - Bravo! The Gavel - a law school publication, not a "newspaper" - is a forum for· expressing thoughts and reasoned arguments on controversial issues. Notwithstanding the impossibility of. dealing with these complex issues within the confines of a few pages hurriedly writted between classes and work, The Gavel has in the past aspired to present a balancedr viewpoint. Too often, however, The Gavel. has been unsuccessful in its solicitation of articles which would advocate a different opinion from those held by The Gavel editors and staff members. For this, you s_hould thank the apathetic C-M student. It is not surprising that those who bitch the most offer the least. C-M students find it much easier to demand a balanced view in The Gavel rather than help present one. They find it easier to criticize the Deans, the law school curriculum and other bureaucratic policies, etc., during some desultory talk over coffee, rather than try to bring a meaningful change. Of course, if you ask these apathetic students to get involved with the ~BA, or the various law school committees, or The Gavel, they waste no time in telling you that they are in law school, they are looking for jobs, or they'd rather not confront these problems in the open for fear of reprisals from the dean or other professors. These apathetic, self-proclaimed "concerned students" are nothing more than parasites who only demand for the fruit without providing any labor. The Gavel will continue to present issues of controversy and concern to the general law student. As in the past, The Gavel will continue to solicit and welcome articles and lettl<'rs from students. continuing 'Crisis By John Reynolds A byproduct of the Polish military crackdown, according to the American Jewish Committee, is a revival of anti-Semitic propaganda. Almost immediately after the takeover, the tightly controlled government radio broadcast a lengthy interview with a certain Professor Kossecki charging that Solidarity was being misled by Jews and Free Masons and that Jewish groups were manipulating Catholic Church and liberal Communist leaders . Communists pretended they were above such crude appeals to national hatreds; Karl Marx himself once called anti-Semitism the "socialism of fools." But rule in Poland is showing that underneath the tatters of Marxist rhetoric, modern Communism looks simply like a more successful version of the worst despotisms of the right. This was a disappointing Christmas for Quebec children who asked Santa for a Ting-a-Ling or a Spin-a-Boo. The toys, and 78 others, have been banished from the shelves of seven major Montreal area stores for violating Quebec's language law. Michael McAndr.ew · of the French Language Surveillance Commission said the packaging violates a law that stipulates that all packaging on toys must be labeled as prominently in French as in any other language and that user instructions must also appear in French. A study by Randy Corp., financed by the Federal Department of Health and Human Services, concludes that people make fewer trips to the doctor when they have health insurance that requires them to pay part of their bills. And the more they have to pay, the less they use the service. Now that we know that medical economics is not much diffarent from any other kind, perhaps HHS can make some headway dealing with the cost of federal health insurance. The local November elections showed nothing new except the voters reupping for for four more years of George V. Voinovich. That a Republican can be elected and re-elected mayor when all the city council is populated by Democrats, shows just how traumatized the average voter was by Dennis Kucinich. Naturally, Tim Hagan, the county Democratic boss, vehemently opposed Voinovich notwithstanding the mayor's substantial support from Democratic officeholders. M ~ .. Hagan's aileged altruism is so partisan that if the Lord, nay even Ted Kennedy, ran as a Republican, the county chairman would form an opposition and lead the charge. Continued on page 15 In 1auor of OD8'1 IOUrnals v. The Meritocratic Argument tells us that positions on journals should be filled only in accordance with the criteria relevant to the optimum performance of the job. Inclusion of criteria beyond the restricted ones of GP A and legal writing sample sacrifices, it is said, both the quality of the journal and the rights of the academically qualified who are turned away to make room for others admitted under broader standards. The argument thus encompasses considerations of both utility and justice. The Affirmative Action Argument, on the other hand, tells us that preferential treatment for worse-off groups in the allocation of places on journals is justified because it compensates for inequalities produced by past injustice . And even if preferential treatment is not strictly entailed by compensatory justice, the argument insists that it, too , can advance cons id' rations of utility: increasing the overall benefit to the welfare and stability of an academic institution by assigning to deprived groups a reasonable share of the rewards of journal participation. What standards should one apply in allocating the limited resource of journal positions? The trouble, we think, is in the question itself. By ca~ting ·the issue as a problem of distribution, the question invites only distributive al]swers. Th shortcbrtring 'of the distributive orientation common to both the Meritocratic Argument and the Affirmative Action one is that it fails to situate the controversy in proper context: against the backdrop of the prevailing curricular framework of legal education, Lang 1fif\f EVIDENCE WK c;i IN MONTHS... AND AU-~ ?~==:::::;; ON~ L.f)USY C~/T HOUR.. I ~P, hipping a nd recei \'ing whose ma in skill was stre ngth ea rning mo re than an o ffice clerk who se ma in skill wa s ty ping a nd so me c rea ti vit y in ha ndl ing co rres pond ence . "Not fa ir •·· <; he clai med . ··w o men a re tvpis ts a nd 1111.:n a re doc k\\ orke rs and tha t is the rca>o n for the d ispar it y. A \·ice preside nt in the back of the room as ked why a foo tba ll o r baseba ll player ma kes mo re tha n he d oes. Being a vice pres ident ta kes mo re education and training a nd e nt a ils mo re respo nsibility. N ussbaum's a nswer was tha t ente rt a inment is different fro m ma nage ment . but such diffe rences ca nn o t be used in the workpla ce . Her Ma rx ist mind set a ga in st manage me nt was beginning to show. \'uss ba um then engaged in broken-field twaddle with the iss ue of safetv in the o ffice . S he spo ke o f po iso ns in the. office due to poor ventilation. Also mentio ned were ca rc inoge ns disgu ised a s paper coatings, le thal xe rox to ner. deathly asbestos fibers in the insulatio n and VDTs (CRTs is the usual na me) which ca used bac k problems and radiati o n d a mages. Executi ves must indeed be hard hea rted to subject their wo rkers. no t to mentio n (egad! ) the mselves. to all these d a ngers. My favorite bon mot fro m Nu ssba um was her charge that she even knew o f a person who had died while sniffling three bottles of liquid paper. I can to p tha t. I knew o f a kid fro m Cuya hoga Falls wh o died a fter he e mptied a can of R ight Gua rd int o a plastic bag and the n inhaled the bag's contents. T hat is no t a reason to sto p using or producing Right Gua rd . By the time Ms. Nuss baum a pproached the subject of office aut o matio n an a rmy of straw men had been a ssembled and de molished and bas kets of red herring distributed. Office aut o mation was indicted a s a vehic le for paying people less for doing mo re. Only the repetiti ve jobs rema in. Job co ntent fa lls due to o ffice a ut o ma ti o n. This thinking flies in the fa ce o f rea lity. Fro m extensive perso nal experience. what o ffice aut o mation d oes is o bvia te the plain va nilla clerk . The main problem is tha t fewer yet more s killed peo ple are required . Electronics replaces the drudgery of re typing. co pying o r the ma nual co mbing of fli es. files. Ms. Nussba um stated that wh ile men are paid m o re. bringing them in a s c lerk s d oesn't so lve the problem o f a clerk's relative low pay. The reasons suppo rting such a stat ement were omitted . Ho weve r. implicit in her thinking is that disc rimina ti o n is not a p ro blem. She then ad rnca ted a unila te ra l $5.000 a nnua l increase in pa y fo r the 20 mill io n cle rical wo rkers in the co untry. When que ried whe re the $1 00 billi o n wo uld come fro m she sho t off a quick answer of 'co rporate profits.' Why a re clerical j o bs pa id a t a lo w rate relati ve to o ther jobs? The reaso n is simple eco no m ics. M ost cle rica l jobs a re fo r people wi th few o r no skill s. These jobs require less specia l kn o wledge o r trai ning tha n a lmost a ny o the r. Peo ple who ha ve gone to the t rouble of lea rning a specia l s kill sho uld be pa id m o re , if for no o the r reaso n tha n to g ua rantee the supply o f s killed peo ple. Clerical workers wo uld be pa id mo re if the re was mo re de ma nd fo r th em tha n supply. Tha t is not the case. F o r exa mple. a t S o hio appro ximately 25 peo ple a pply for each clerica l job. There is no sho rta ge of lowly skilled peo ple. the sho rtage is the d ema nd . Ms. Nussba um's p ro blem was no t , a s she fina lly admitted , with discriminati o n as much a s it was with tha t nefariou s mo nolith called management. The fact tha t cle ricals we re wo men and susce ptible to he r W o rking W o men Union orga n iza t ion was me rely a co n\'enie nce in leading the fi ght of class struggle. Chooslna Laa1s1a1ors By H.L. Mencken A mood o f co nstructi ve criticis m being upo n me. I propose forthwith tha t the meth od o f choosing legislat o rs no w prevailing in the United States be abandoned and tha t the method used in c hoo sing juries be substituted . That is to say. I propose tha t the men who mak e o ur laws be chose n by chance a nd against thei r will. instead of by fraud a nd against the will o f a ll the rest o f us. as now. But isn't the j ury sys te m it self imperfect? Isn' t it occasio nally disgra ced by gross a buse and scanda l? Then so is the sys tem of j ustice devised and ordained by the Lord God Himself. Didn't He a ssume tha t the N oachian D eluge would be a lasting lesson to s inful humanit y - that it would put an end to all manner o f crime a nd wickedness, and co nvert mankind into a race of Pres byteria ns? A nd wasn't \' oa h himself. it s ch ief be nefi ciary. lying drunk . na ked and uproari o us within a yea r after the a rk la nded o n Ararat? All I argue fo r the jury sys te m, inve nted by man, is that it is meas urably better tha n the scheme in vented by God. It has its failures a nd it s a bsurdities, it s a buses and it s co rruptions. but ta king o ne d ay with a no ther it ma nifestly wo rk s. It is no t the fa ult of j uries that so ma ny murd erers go unwhipped of just ice. a nd it is no t the fa ult of juries that so many ho nes t men are ha rassed by preposterous la ws. The juries find the gunmen guilty: it is functi o naries higher up, all politi cians, who d eliver them fro m the noose, and turn them o ut to res ume their but cheries. So I p ropose tha t o ur Legisla tures be c hose n as o ur j uries a re now c hosen - tha t the na mes of a ll the men elig ible in each asse mbly d is trict be put into a ha t (o r. if no ha t ca n be fo und tha t is large eno ugh. int o a ba thtub). a nd tha t a blind moron . preferably of tend e r years, be de legated to draw o ut one. Let the constituted catchpolls then proceed swiftly to thi s man's hou se. a nd take him befo re he ca n get away. Let him be hro ug ht int o court fo rth with, and put unde r bo nd to se n ·e as elected . a nd if he ca nno t furn ish the bo nd. let him be ke pt until the a ppo int ed d a y in the nea rest ja il. The ad va ntages tha t this system would o ffer a re so vast a nd so obvio us that I hesitat e to ve nture into the bana lity of rehearsing them . It wo uld in the first pla ce. save the co mmo nwealth the present excessive cos t o f electi o ns. a nd make po litica l ca mpa igns unnecessary. It wo uld in the seco nd pla ce. get rid of a ll the heart-burn ings tha t now fl o w o ut of eve ry contes t a t the po lls. and bloc k the re prisa ls a nd cha rges of fraud tha t now iss ue fro m the hea rt-burnings. It wo uld , in the third pla ce, fill all the Sta te Legislatures with men of a peculia r a nd unprecende nted cast o f mind -men ac tua lly co nvinced that public se rvice is a publ ic burde n. a nd not mere ly a private sna p. A nd it would . in the fourth a nd most Conrinued on page 11 student Loans By Karen Kilbane National Defe nse Student Loans were e nacted in 1958 to provide assist a nce to lo w inco me student s. The Sputnik had gone up a nd stude nts we re encourag~d to stud y science and t e chnology . In I965 . Guaranteed Student Loans (GSL) began as part of the Higher Education Act. GSL was supposed to provide incentives to private lenders to make loans of convenience to students from middle-class families. Insured against default and subsidi zed at below-market interest rates . GSL became the primary so urce of aid for students. Loan vo lume increased tremendously afte r 1978 when Congress made them a vailable to students regardless of famil y income. The federal pa yments that subsidi zed current and past borrowing increased from $700 million in 1978 to almost $3 billion in 1981. To reduce fed e ral costs and alleged abuses. the Reagan administration passed the budget-cutting Omnibus Reconciliation Act. Two changes have occurred in the GSL program: th e amount that student s with family income over $30 ,000 can borrow is limited by their documented financial need . and a Y7r origination fee is charged to students and deducted from the face value of all new stude nt loans. The Omnibus Reconciliation Act also affected National Direct Stude nt Loans ( N DSL). form e rly ca lled National Defense Student Loans . The interest rate on NDSL has increased to 5% . During the 1980-81 school year, approximate ly 180 C-M students received loans through NDSL. This year. only 145 students are receiving N DS L assistance . Because of the cuts. only money to cover full tuition was allocated to each student. In previous years. m<1ney for li ving expenses had been included in the loan. \' DS L borrowe rs must prO\·ide their own li\ing ex penses through a job or GSL. Con/ inued on {JOKe I 4 Legal seruices By Kathleen Ende An essential element of the popular maxim "equal justice for all" now hangs perilously , awaiting Congressional determination. Federally funded legal aid to the poor is under heavy fire in the Congress and from the President. The indigent have always faced major obstacles in seeking legal services. High court costs, court fees, and attorney fees often stand between them and the just resolution of their pressing legal problems. Congress recognized the unaddressed needs for equal access to the justice system and quality legal assistance for those unable to a fford it. They made these considerations their avowed purpose in enacting the Legal Services Corporation Act of 1974. This act created the Legal Services Corporation (LSC), a private not-for-profit corporation which channels federal funds to local legal aid groups , known as "recipients." The recipients, not the LSC, provide actual legal advice and representation to eligible clients. This indirect Federal funding permits maximum efficiency. The LSC. by sound administrative practices, sends 93% of its funding to local programs and of that only 2% goes to local overhead. Thus 91 % of the federal funds represent 83% of the money spent by the recipients. Then what is the problem in the legislature? The Legal Services Act of 1974 requires itself to be re-authorized every three years. Found at 43 U.S.C. Sec. 2996, th e Act authorized appropriations for the LSC m three-year fiscal periods. The LSC's charter expired in 1980. In February 1980, as previously, a bill was introduced to Congress seeking an extension of the Charter for the next three years. It proposed no substantive or technical changes in ex isting law. It sought a $321.3 million budget for fiscal year (FY) 1981. C 0 111 inued on flG!(e I 4 Foreign POliCU By Michael G. Karnavas A year ago. President Reagan inherited a foreign policy fraught with ignorance and inconsistency. It ranged from an absurd qualitative human rights policy to the dismal arms control negotiat ions from a standpoint of weakness which epitomized nothing less than supreme idiocy. Although President Reagan has not followed Carter\ imbecilic course. his foreign policy after a year in office still lacks the clarity and consiste ncy it needs. A foreign policy requires a comprehensive and coherent cenlral concept; without it, the policy making process becomes episodic knee-jcrking , i .e., short-term tactical reactions replace long-term calculated considerations. A coherent and consistent foreign policy is undoubtedly the primary goa l of any administration . serving to put the Atlantic Alliance and the Soviets on notice as to how the U.S. will employ its diplomatic and military power. This type o f foreign policy eliminates the need for short-term tactical reactions which could only lead to brinkmanship. With respect to President Rea gan\ foreign policy or lack thereof. some observations are in order: East-West Relations President Reagan is firmly committed to President Truman's doctrinc of containing SO\iet agg ression. Thi s requires a military buildup which enables the U.S. to discontinue Cart e r ' s retreat from challe nging SO\iet aggression . as well as pre\ e nting further SO\iet exploitati o n of U.S. unilateral restraint o n arms buildup -currently the strategic arms reduction talks (ST ART) are taking place from a stand point of strength. Furthermore . th e "zero-option" proposal (the elimination of existing Soviet missil es 1n Europe Ill return for no additional NATO deployment of missiles) has served to silence the European anti-nukes. while shifting the spotlight to the intransige nt Soviets who refuse to remove their SS-20 missiles which currentl y pro\ides them. with supe riority of 6 to I medium range missiles in Europe. However. aside from upgrading th e U.S. military capability. President Reagan has yet to make a determination as to how far detente extends with the Soviets . Unnecessary rhetoric has replaced a realistic approach in handling the current Polish crisis. Rather than declare a moratorium on high-level contacts with the Soviets and institute a complete boycott (not just grain) until martial law in Poland is lifted . President Reagan has chosen the "business-as-usua l" policy. Unfortunately. Lenin was quite right when he predicted that the capitali st will fight O\er the privilege of selling the rope they will be hanged with. Conrim1ed on page 16 EPA 8)' R. Mironovic h As Pre,idrnt Reaga n's first yea r in office was coming to a c lose. e nYiro nm c nt a li sts \\' ere c h argi ng th a t th e Reagan c.dministrati o n was abo ut to put th e Em ironmenta l P rotecti o n Agen cy (EPA) int o a deep frec7C. "This mea n' the end o f the a ge nC\·: · , ai d W illiam Dra yt o n. EPA\ b~dget o fficer in th e Cane r a dm ini,tra t io n. "Th~\· ha \ e >Ct o ut to tear EPA a part a nd get it o ff the bac h o f busines, : · The curre nt fi1rnres re\ ca l that EPA"s· Was hing ton >taff o f 5.298 right a fter Rea gan:;_ inaucura ti on ha' dropped to4.385 ( pri;iari ly ca u~cd by a ttriti o n t hrce times the rat e during the Carter administration) . Co mbine that fi g ure with the lo" of 800 to I .JOO po,i ti o ns und er the rcorgani1ation plan o f EPA c hi ef Anne G o r,uch. and the rc,ult appea r' to be a streamlined EP A hy the >pr ing of thi' year. Can \\'C expect th i> ac11 o n to ha H· ;, igni fica nt effect' o n o ur eco n o m\· a nd o ur em iro nmc nt'? Arc there .i the r ~s pccts of the Crea m "cm iro n-mental homicide''" To ge t a rcaJi,tic idea of \\h ere \\'e arc headed e nviron1m:nt a ll y we n1t1't critically appraise Reaga n's e ntire en vironme nt a l p rog ra m. The Gave l interviewed Pro fessor Barn· Kellman who teaches en \ iron me nt a l and e ncrgv-related cour. es a t C-M for the purpci>e ~(;f e\aluati ng Reagan'> fir'1 year and to ga1c int o the em·ironmc ntal crysta l hal l. "The Reagan admi nistration has put most o f the em ironmen tal asset. . personnel and dollars. to what are publicly percei\·ed a. c rit ical environmental problems - for exa mple, hazardous waste disposal is a t the to p of the list." said Professor Kellma n. It is a lso important to view the c ha nges '.n. the EPA offices in terms of the key pos1t1ons that a re being vaca ted, not as a numb_ers ga me which the EPA will lose .. After loo k111 g a t the pri o rities th a t this a dm1111strat1 o n has de\·eloped P rofessor Ke llma n sees three impo rtan t fac tors impact ing on our en\·ironmen t directly under the Reagan Conrinued 01111age 17 cons111u11ona1 mutholoau By John Den vi r Professor of Law Un iversirr <~/San Fran cisco School of LaH' The so-ca lled Constitutional ex perts are eagcrlv awaiting the U nited States Supreme c ; urt: s Fall term in o rder 10 find Olli \\ he the r o r no t S a ndra O'Conno r "ill fulfill Pre;, ide nt Reaga n· . pledge to a ppoi nt a Supre me Court j ust ice who \\ ill "enforce. no t make the law." She won't. R emember. you read it here fir st. A t first gla nce. Reaga n'. comme nt s seem m o re a truism tha n a pled ge; of co urse legis la tors , no t judges, should make the law. Jn truth. this d oct rine (o fte n ca ll ed "st rict co nstructi o n") is a nything but a truism. If fo ll o wed . it wo uld wo rk a radical t ra nsformation of the American political " ''1em. · Fo r in. tance. the Supreme C o urt recently ruled that the Fifth Amendment to the .S . C o n>t itution d oe. no t pre\·ent C o ngress fro m requiring yo ung men. but no t yo ung \\ Omen. from registering for the draft. The Court found this a ·'hard case:" three Ju;,tices disse nt ed . Yet. und e r a regime of ''strict co nstructi o n," this wou ld be a n easy case . The on ly question the Court would ~sk itse lf is "Did the drafte rs of the Fifth Amendment "int e nd" to preve nt Co ngress fro m classifying o n the bas is of sex in legi s lating a d raft'J T he answer is clearly .. ;o:· Sex d isc riminatio n is a 20th Ce nt ury concept. una\'ailable to _the Eighteenth Centur\' drafters of the Bill of R 1ght<.. If lim ited. to "intent:· almo st a ll c urrent co ns t itutional co ntrO\ersies wo uld e lici t the same quick negat ive. . In contem porary constituti o nal practice. the most im portan t tex ts are the Due Process a nd Equal P ro tecti o n C la uses of the Fourteenth Ame ndment. They acco unt for we ll over ha lf of the Supreme Court's case load . Thi s propo rtion wou ld quickly c ha nge if we limit ed their contemporar.y co nt e nt to the int e nt of the Amendments drafters. The Fourteenth Amendment was dra fted in order to give a constitutiona l base fo r the Ci\ ii R ights Act of 1866 which o utlawed the infam o us Black Co des passed b\' S o uthern . tates immediately a fter the Ci\ ii \ ar. That a ppears to ha\ e been the sole "in te nt. " If we limited the Equal P ro tect ion a nd Due Process c la uses to this specific "intent." most of cur rent co nstitutiona l d octrine wou ld disapp ear. Not on ly would co ntrove rsia l dec isi o ns. Ii ke th ose req u 1r1ng bu si ng and gra nting the right to choose an a bortio n be reversed. but many less con t ro\'ersial deci . ions. like tho. e a p plying the rights of free >peech and free ex e rci . e of relig i; n to the St a te . . would suffer a si milar Co111inued 0 11 page /] APPOllTEES By Ka ren K il ba ne By the sta rt of May . Reagan a nn o un ced candida tes to fil! ,o r.ic 4CO j o bs subjec t to S e na te co nfi rma ti o n. Thc,c includ e ca hi ne t po , it ion' . >ubcab1 ne1 po>t;, a nd to p j o b> in ind e pende nt a gencie'. O f the a ppoi ntee> <.u b jcct to Se na te co nfirma t io n. 18 \\ ere \\ O~ c n . 5 we re bla c k>. a nd \\ ere H i, pa nic, . The m o>t \ is ible m inori t\' ca nd id a te' \I C re J ea ne Kirkpa trick . Amba '>ad o r to the U nited :\ ati o ns: Anne M . G o r,uch . Admini> tr a t o r of the En\'ironme nt a l Pr o tec t io n Agency: Sa mu e l Pi e rce . Secr e t a r y o f H ous in g and U rb a n D e ve lo pm e nt (HUD) : and M ic hac l Card e na,, Admi ni s tra to r of the Small R u,ine ,s A d mini'1rati o n . R c ag an ·s a ppo intee> are co nce nt rated 1n a fe w d e part me nt > such a > Hea lth a nd H uman S ·~ n ice' . H C D a nd Ed uca t io n. Fe" ho ld po , it io n' in Defe n,e. Int e rio r. Sta te o r ' a bo r d e pa rtment s. T hi: la te \ ill ia m 0 . \\ a Ike r. a lead e r o f the Blac k Ad\ iso ry C o mm i11ce to the 19 0 Rca ca n-Bush ca mpai gn >ai d in Ma y. 'Aprointments of blacb are mo\·ing a t a , Jow pa ce. if at a ll. " (iloria Toote . a prominent b lack Re publ ica n and c lose fri e nd o f Reaga n's a''crted th a t durin g the ca mpa ig n Reaga n a' ' urcd her and o th er blacks th a t he would a ppoi nt <.ubs tantia l numbers o f \\'Omen a nd m inori t ie ' to top jo bs a co mmume nt 'he ~e1!ard' a<. un fu lfi lled . :rhe Chai rn oma n u f the ·'\ a t io na l \\ o me n's P o li tica l Ca ucu '. Iris \l itga ng. , aid t h ·~ no m ina t io n o f Sandra O'Co nno r to the S upre me C o urt "i ll no t co mpe nsa t_e fo r the R ea l!a n admin i>t ra ti o n·, attitude tO\\ ard w~men. She called the no minatio n of the Arizonajudgc"a "nan po litical mo ve." hut it "does no t mak e up for the lac k of women in mea ningfu l positi o ns in th e ad mini,tra ti o n. the bud get that impac ts hca \·ilv o n \\'Omen or the fact th a t th ere ha s been Jitt le o utreach to\\ o men b\· the Reagan a d m i ni'1 rat io n ... B\· Au!!u st. Rea !!a n ha d no m inated t\\ e he " hitc m~n to '~' e h e fed eral j udge>h ip po <.i t io n>. He has fed eral co urt \aca nc ie> to fi ll am o ng the hu nd red ' of jo b<. 'till requ iring - presid e nt ia l a ppo intme 111>. E. Pendleton James. \ h ite H o use perso nnel chief. has hired three recruiters . one fo r bla c ks. Hispa nics a nd women to fill the remaining pos ts with min o riti es a nd ' tine Reaga n's c ritics. kakistocracy (kak ' i stok' ra se) n. government by the worst men in the state c1eue1and Crime By John Keys Her body had been decomposing for nearly a month in a slag yard on the East side when the police found her in 1980. When they attempted to lift her body her severed head fell to the ground. The Coroner's office later found nearly 40 stab wounds on her corpse. She was only 24 years old. Another killing in a seemingly endless string of Cleveland homicides, yet her case is unusual in at least two respects. First, most murders are not as perverted and grisly. Many victims die from a single gunshot or stab wound. Secondly, the Homicide Bureau of the Cleveland Police Depa rtment has yet to arrest the killer. Because of outstanding detective work , most homicides are solved within a month and many within a week. Cleveland can be considered one of the most dangerous places in America. Whi.le killings do not escalate here as they do m New York, Chicago or Los Angeles, yet our beloved Cleveland , the "best location in the nation," has a very high per capita murder rate. We are in the same league with other violence-plagued cities like Miami, Atlanta and Detroit. There is risk involved in living in such a dangerous place, not only. for life-long residents, but for temporary c1t1zens like law students as well. Violent crime is an everyday reality here a nd there is a need to be on guard, keeping ones eyes and ears open. But while there is a risk, there 1s also opportunity to cut the risk considerably by avoiding dangerous places, s1tuat1ons and persons. . . It is fact that many v10lent cnmes resulting in injury or death occur in "safe" places and in apparently "safe" situati?ns by "unsuspecting" persons, but this 1s the exception. The rule is that injury or death occurs when victims are either placed or put themselves in dangerous situations. It should be evident that engaging in certain occupations or being found in certain situations brings a risk of death. Conversely, those who avoid danger have a much greater chance of being safe. This is not always true, however, as there are exceptions to every rule. One potentially dangerous situation _is cruising in an automobile late at night m high crime areas. Greg, for example, had told his wife he would attend a union meeting downtown. About the time he should have safely returned home he was found in the front seat of his car with his pants pulled down, his wallet missing and a bullet in his head on Lakeside A venue. Another situation to avoid is stepping into a tavern where the patrons are totally or predominantly of a different race. Last year Fred walked into a west side bar and sat down at the bar and ordered a drink. Fred, a black man in his 30's, took some verbal abuse from a man at the other end of the bar. The bartender ordered the men to take it outside. The victim managed to shoot the racist troublemaker in the thigh, but he died in the tavern parking lot from two bullet wounds. Ted was cruising Prospect Avenue last year late one night when he stopped a black man on the street and asked where he could find some action. The stranger became a rider and took him to a black after-hours spot on the east side. The rider later testified that Ted, a white man in his 30's, was friendly and generous to all, buying several rounds of drinks. But trouble started when a woman indicated she wanted to leave the bar with Ted, and her boyfriend beca me upset. Ted sensed trouble and got up to leave, moving toward the back door and fire escape with his rider following. The boyfriend also followed and pushed Ted down the flight of steps onto the concrete below. H e then kicked Ted in the head enough times to kill him, but for good measure he obtained a sledgehammer and crushed the victim's head. Ted's body was found in the trunk of his car several miles away three days later. Employment or association with organized crime is one of the most dangerous situations to be found in, for the mob so often convicts and carries out sentence without the formalities of arrest, indictment and trial. Don King, now famous for promoting world-class boxe rs , worked for a faction of the mob when he was a young man growing up in Cleveland. He made the mistake of bragging that he had taken a shot at kingpin Shonder Birns, and soon thereafter took a shotgun blast to the head . Joe Bonarrigo was not nearly as lucky as King. Joe was convicted of the murder of Henry Grecco, a mob associate, in 1978 . Grecco had been shot several times in the head at close range while sitting in his car and then beaten with a tire iron. Grecco's body was found 3,0 days later in some underbrus·h in Summit County, badly decomposed . Bonarrigo posted an appeal bond after his conviction. Before a decision could be made on the appeal Joe was shot to death and his home set on fire. His body was found in a trash bag several days later. The late Danny Greene was subject to numerous murder attempts. Greene was jogging one day when a mobster named Frato took a shot at him. But Greene pulled a gun and shot him dead. His act was ruled self-defense. Greene's home was blown up once while he slept with his girlfriend, and both survived. Greene and his automobile were blown to pieces eventually. Shonder Birns was blown up when he started his car after leaving a restaurant on the west side. Teamster official John Nardi was also blown up in his car. But sometimes the bomber and even innocents have been destroyed by dynamite. Continued on page 17 men ell en from page 8 importa nt place, completely dispose of"the present degrading knee-bending and trading in votes, for nine-tenths of the legislators, having got into office unwillingly, would be eager only to finish their duties a nd go home, and even those who acquired a taste for the life would be unable to do anything to increase the probability, even by one chance in a million, of their re-election. The disadvantages of the plan are very few , and most of them, I believe, yield readily to analysis. Do I hear argument that a miscellaneous ga ng of tin-roofers , delicatessen de a lers and retired bookkee pers, chosen by hazard , would lack the vast knowledge of public affairs needed by makers of laws? Then I can only answer (a) that no such knowledge is actually necessary, and (b) that few, if any, of the existing legislators possess it. The great majo rity of public problems, indeed, are quite simple, and any man may be trusted to gras p their elements in ten days wh o may be - and is - trusted to unravel the obfuscations of two gangs of lawyers in the same time. In this department the so-called expertness of so-called experts is largely imaginary. My scheme .would have the capital merit of barring them from the game. They would lose their present enormous advantages as a class, and so their class would tend to disappear. Would that be a disservice to the state? Certainly not. On the contrary, it would be a service of the first magnitude, for the worst curse of democracy, as we suffer under it today, is that it makes public office a monopoly of a palpably inferior and ignoble group of men. They have to abase themselves in order to get it , and they have to keep on abasing themselves in order to hold it. The fact ref1ect s itse lf in their general character, which is obviously low. They are men congenitally capable of cringing and dishonorable acts, else they would not have got into public life at all. There are, of course, exceptions to that rule among them, but how many? What I contend is simply that the number of such exceptions is bound to .be smaller in the class of professionaljob-seekers than it is in any other class, or in the population in general. What I contend, second, is that choosing legislators from that population , by chance, would reduce immensely the proportion of such slimy men in the halls of legisla tion, and that the effects would be instantly visible in a great improvement in the justice and reasonableness of the laws. Are juries ignorant? Then they are still intelligent enough to be entrusted with your life and mine . Are they venal? Then they are still honest enough to take our fortunes into their hands. Such is the fundamental law of the Germanic peoples , and it has worked for nearly a thousand years. I have launched my proposal that it be extended upward a.nd onward, a nd the mood of constructive criticism passes from me. My plan belongs to any reformer who cares to lift it. (From A Mencken Chrestomathy, pp. 164-166.) J>AGI: 11 RTA from page 6 Given the sour disposition of taxpayers, Gilliam projected that decreases in federal grants. cou pled with increases in operating and maintenance costs, will result in comparable fare hikes and/ or cutbacks in "unproductive services," defined as any vehicle picking up "twelve or fewer pas sengers per hour." He further emphasized that RT A wished to remain cost competitive with the gasoline pump, intimating that future drops in operating revenue will probably result in service cutbacks before fare increases. F o r the year 198 1, RT A received approximately $ 13.5 million from the federal gove rnment , $6 million from the state, and $58 million from the county wide 1% sa les tax subsidy , all of which represe nt approximately 61 % of the $ 128 million annual cost of opera ting the buses and rapids. In 1982, federal grants will amount to approximately 11.5% of the total RTA budget. and drop to 7.8% for 1983 . Gilliam id entified bus break-downs and vanda lism as se ri ous problems confronting the system. In an intensified to ne of voice, he stated that "va ndalism is definitely on the rise," costing RT A in the order of "a couple of milli on per yea r." Gilliam attributes the sharp increase to " a lack of sufficient ye llow schoo l bus busing," or the perpetration of court ordered busing via RTA. Wh en asked about the purchase of buses with faulty a ir co nditioning and unlatchable windows, (remember the beads of sweat that formed on your forehead, flowed into your eyes. slithered down your nose, and cascaded onto your newspaper, while the less fortunate passenger standing next to you fainted and fell in your lap?) Gilliam winced and admitted tha t such "a purchase was a bad business decision made by the people downstairs" - presumably the board of trustees . He explained that the air conditioning in such buses were not designed to endure routes with frequen t stops, a nd are in the process of being rerout ed to more suitable flyer routes. Gilliam further admitted that none of these buses are up for window redesigning, and , in short. RT A is stuck with them. A decrease of 3.8% or $4.5 million in RT A's total opera ting budget can hardly be characterized as devas tating, especially when almost ha lf of that decrease could be effectively nullified if vandalism were to stop. Of course, we a ll know that chickens can't fly, a nd vandalism is not likely to subside, but if so me passengers can find the time to incur two million dollars worth of waste, they, or their parents, can find the time to earn the ext ra money needed to pay the increased fares. Mass transit is a service. customarily provided by the private sector, that governance in the _past has found prudent a nd practicable to encourage: it is not a n entitleme nt. RT A is already a heavi ly subsidized transit syste m. The time has come for those who use or abuse RTA to ~oot a grea ter amount of the bill. con. muth from page 10 fate . The Fourteenth Amendment would cease to protect the rights of criminal defendants even Brown v. Education would be endangered since there is good evidence that the drafters had no intention of prohibiting segregated schools. · In short, "strict construction" would result in the termination of the Supreme Cou rt's role as the major defender of individual rights in our political system. So phrased, it seems odd that confessed "conservatives" .should endorse this result since, at the time the Constitution was written, it was the monied class who insisted on judicial review as a check on the "radical" legisla tures. Prese nt day conservatives, however, have discovered two realities. First , money and orga nization are key ingredients in the legislative process and that their clever utilization permits the powerful groups in society to have disproportionate influence: they normally find the legislative process adequa te to protect th e ir interests. Secondly, the Supreme Court since the I 930's has operated as a counterweight to that influence , protecting "insular minorities" from the unjust results of the legis lati ve process. In this respect , the refore, Reagan's em brace of strict construction can be seen as one more of his programs which "tilt" towards the rich; how clever to gut the Constitution by means of an appea l to its sy mbolic power: "enforce, not make the law!" Still, no matter what Justice O'Connor's political sympathies, it is not likely she will practice "strict construction;" no modern Supreme Court Justice ever has. Perhaps this is because the tradition of the judicial protection of individual rights is so well en trenched in our legal cu lture. Maybe judges are just viscerally hostile to a doctrine which would so diminish their power. All co ntemporary Supreme Court Justices, many appointed by Richard Nixon who also es poused "strict construction," implicitly accept the tenet that individua ls do have rights against the majority and that these rights are not rigidl y time-bound. Furthermore, in determining the scope of individual rights', judges cannot defer to the legislature which passed the law challenged since this in effect would allow the legisla ture to be the judge in its own case. So the mythology of strict construction lives even though it has little or no effect on Constitutional practice. Its primary use is for public relations purposes, a slogan which permits judges to pick and choose the cases in which the.y - will read the Constitution expansively. Recently, they discovered that the framers of the Fourteenth Amendment "intended" to protect the rights of corporations like Exxon to make campaign expenditures to defeat political referenda the corporation disapproves of. A "good" decision? Maybe or maybe not , but certainly not one merely "enforcing" the law. In the draft registration case, the Court was faced with a claim of violation of individual rights , actually two claims. Young men sa id their right to be trea ted as equals was violated in that a duty was imposed on them from which equally capable women were exempted. Young women claimed that they were not being treated as equals in that they were being classified on the basis of a stereotype which stigmatized them as being inferior to you ng men, a stereotype which prevents them from flee ing (in Justice Brennan's phrase) " the gilded cage" society has prepared for them. Three Justices agreed with these claims; six did not. The major ity ruled that the right to be free from stereotypical sex classifications must be construed narrowly, at least, in cases involving (however tangentially) national security. This choice of a narrow conception of individual rights is a controversia l one, one which we should judge on its moral merits , not on the basis of a slogan . In choosing it , the majority did not any more than the disse nters "enforce" rather than " make" the law. Like the dissenters , they did both . For judges, there is no other choice. Remember, yo u read it here first. (The precedi ng article first appeared in the national newsweekly, In These Times. 1509 N. Milwaukee Ave., Chicago, IL 60622, and is reprinted with thei r permission.) Cousteau from page 4 environmental da mage that we are inflic ting on our ecosystems, "Each year, we cut d own millions of ac res of land , killing thousands of species of pla nts and a nima ls . .. in the Amazo n regi on, each year a n area the size of Indiana is cut down and turns into a desert wasteland ." Thus what is ha ppening ecologically is tha t we are paying the price for thoughtless decisions of the last 15 to 30 yea rs , but according to Cousteau we are also, "Writi ng blank checks for future ge nerations sayi ng - Kids, you pay for it , let me have my fun now." Cousteau a lso presented the beauty of the undersea world that has bee n his second home since t he age of seven, in an un-narrated film entitled " Within the Co ra l Lace." Although he is educated as an architect hi s campaigns t o protect endangered species are fund a menta l to his life's work . He previewed a part of a film o n the endangered humpback whales, and spoke of his wo rk to save the species from extinction. The audience was also delighted by seeing films of the lighter side of !if(: as an explorer on board the Calypso. along with a film of how not to "drive" a hovercraft up the St. Lawrence River. From Jean-Michel Cousteau's lecture one could easily sense that his work is his life and tha t he enjoys it tremend ous ly. He reminded a ll present that , "It's not just the undersea world of Jacques Cousteau - it's a ll of ours ." Thus, we should all work towa rds preserving it because as Cousteau co nclud ed , "When it goes, we a ll go with it." Budget from page 5 of Liz Levett (Vice President of S BA) ... it is no great secret that animosity ex ists between Liz and P A D over a dispute that occurred a t a PAD function over a yea r ago." Brent Buckley, the president of PAD stated that "PAD was particularly annoyed during this funding fia sco with SBA's continuous attempts to disc redit PA D's budget requests by insi nuating that PAD was in ca hoots wit h a nother st ud ents whom the S BA identifies as a major problem." Mark Mastra ngelo denied Buckley's assumption a nd stated that: "First, the SBA is not a primary source of funding for law school organizations; second, any money that the S BA gives to these organizations is only seed money and that they must raise additional funds on their own; and finally , funding is based on the size of the organi zation, past and future projects and past accounting integrity." Buckley responded to Mastrangelo's comments by saying, "Mark is dealing with a difficult situation. However, PAD is the second la rgest student organization, has plans for projects, and has no accou nt ing . history pro or con with SBA. Further, some of the other organizati ons who receive SBA funding admitted that the funds were their total budget and that they had no plans for fund raising on their own." Cohen from page 4 As final exa ms are about six wee ks away, The Gave/would like to remind its readers of so me of Professor Cohen's pea rls of wisdom. We consider this not just another student service message, but a n inves tment in retaining o ur readership: I) Prepare a thoro ugh outline of yo ur co urse work, then condense it d own to 2-3 pages several weeks before the exam. The su mmary o n these pages should be a trigger of the entire bank of course material. 2) Regardless of the exam question style remember to pace yourself so that you can address all the possible issues presented . 3) Believe that each word and sentence of the question are there for a specific purpose. ' If you deem so me facts irreleva nt let the professor know that in your answer. Don't make assumpti ons - they'll make an ass out of yo u and your exa mination answer! 4) Identify the lega l categories that apply to the fact s of the question, and quickly advert to the specific elements of each lega l category. Do n't forget to consider a nd present the releva nt defenses and privi leges. 5) If you change your mind - be sure to cross out the old answer; and if pressed for time abbreviate your answer, but make sure that it is legible. 6) Like any other se rious undertaking, the best preparatio n is practice ... practice, prac tice, practice writing exam a nswers to specific problems in a pproximately 40 to 45 minutes. By doing so you will also gain practice in interpreting questi o ns and reading them carefully. 7) Last, but not least: (a) do n't forget to turn in the blue book with you exam answer - not one that you used for outlining or scrap paper, (b) remember your exam number .. . and best of luck! Midterm from page 6 with the exception to the exce pt ion as was fo und in Carli ll 's cougher. A nd how about accepta nce? Ca n you send it th ro ugh the maiJ'1 Revo ke before delivery? Leave ou t a few details? And what a bo ut tha t issue on which co urt s ca n't see m to agree: is it unilateral or bilateral? More manufactured difficulty! And if the contract is implied in law there's no way out, says I it's enforced . though it's no t a contract which all sounds rather quasi! And eve n if not implied at all there still may be a recovery through a concept ca lled " promissory es toppel" which is not a new di scove ry. For it finds its roots in Equity back in the days of yore: Tho' so me critics have poli tely queried " What the hell do we need that for'J for it sta bs at the very heart of bargai ned-for consideration a nd leaves the law of contracts withou t a solid foundation." Is there anything that's definite? I wanted to cry ou t; Tho' I knew no one else wo uld hea r me a nd my turkey lo ng ago burst out. * * * * * * * So with a mind bo mbarded with theo ries I turned off my study li ght Dow ned a large glass of not-too-warm milk and slipped out into the night O nce around the block l walked and then a few times more As the questions kept abuzzing e\'en after my feet we re so re And then. like lightning, it hit me -that one, cohesive th ough t: " t res magis valeat quam pereat." - Sman Becker. 12-9-81 MY PReSIPeNT, WRONG OR WRON6/ Loans contin11~d from page 9 The Omnibus Reconciliation Act was signed ' '' August but the $30,000 ceiling did not ta kc effect until October. Financial aid directo:s enco uraged students to apply for loa ns to beat the October deadline. Consequently the govern:nent will not realize any substantial sa'> ings until the 1982-8:1 school year. yet there is talk of more cuts. Marlene ShetteL C-M financial aid administrator, explained what might happen in the coming year: (I) A 30% cut in college work-study. C-M students have never used all the work-study money available. If this proposal passes, there will be smaller work-study awards. For off-campus law students, the government currently puts up 70 cents of every dollar earned, with the employer contributing the other 30 cents. Shettel is optimistic that this proposal will not pass as work-study programs are popular with employers,' schools and students. (2) The NDSL ctmently at 5% could be totally eliminated. Since CSU is able to fund undergraduates with federal and state grants or other aid , C-M students use 80% of the university's N DSL money. (3) For students not qualifying for GSL, bank loans could be available at the market interest rate. With no federal subsidies, neither students nor banks would find this an attractive solution. . Shettel believes the cuts will affect C-M by increasing the number of part-time students and decreasing the number of those students who come to avoid entering the work force. On the national level, the cuts will allegedly save the government $8.5 billion in I 981 through 1986. "The government says the cuts are necessary to balance the budget," said ShetteL "but it is a front for putting more money into the military." There is a possibility that graduate students with an income over $30,000 will be able to get loans under the new Auxiliary Loans to Assist Students (ALAS) program. This program , which has been adopted in several states, has a I 4% interest rate. ALAS is not available in Ohio yet. Shettel cautions that if there are more cuts, they will not be voted on until late summer and will not go into effect until October, similar to the events of this past year. She has asked all students who received financial aid to voluntarily complete a federal needs test. This form was distributed by Shettel to analyze which aid a student might be eligible for. Anyone applying for I 982-83 financial aid must submit a copy of their I 98 I income tax form. Lea al continued from page 9 This bill expired with the 96th Congress, but funding was continued at the requested level through FY I 98 I by the passage of a continuing resolution, circumventing the usual rule that no appropriations be made by Congress for a program unless it has been authorized by Congress. On January 22, I 98 I the LSC submitted a 1982 FY budget request for $399 .6 million to the 97th Congress. On March JO, 1981 President Reagan proposed zero funding for the LSC, rationalizing it on the grounds of his overall attempt to reduce federal spending. President Reagan suggested legal services fit into a social service category, eligible for funding from state block grants. Mr. Reagan felt that this, supplemented by increased pro bono efforts by private attorneys "as part of their professional responsibility," would adequately cover the poor's legal needs. The Administration's justification for cutting LSC's budget seems strained. Providing legal services through block grants would require the establishment of a separate bureaucracy to administer the program, both on the federal level, and at the state distribution level. Thus, a significantly reduced percentage of funds would go directly to legal services. The delay in the Senate of the appropriations bill (H R 4169) and the authorization bill ( H R 3480) is related to the addition of several amendments to the Act, restricting the scope mainly or primarily of the legal service lawyers' activities. The amendments restrict the use of federal funds for impact litigation. The most significant restriction will prohibit the federal funding of class actions brought against the federal, state or local governments. Why are class actions such a concern of the Administration? It could be in part because of Mr. Reagan's experience as Governor of California. In I 967, a lawsuit by clients of California Rural Legal Assistance (CRLA) forced the state of California to restore $210 million in cutbacks improperly made in the state "medi-Cal" program. (Morris v. Williams, 67 Cal. 2d 733). This case had political repercussions in that it prevented the then-Governor Reagan from fulfilling a campaign promise to balance the state budget. The antagonism between CRLA and Mr. Reagan continued, and in 1971 he vetoed the funding of the CRLA, citing numerous incidents of alleged misconduct over a four-year period. A three-judge commission reviewed the allegations and found the charges "totally irresponsible and without foundation." Mr. Reagan withdrew his veto. Should the re-authorization of the LSC pass the Senate, as it seems probable, the administration threatens to veto it. To further complicate the matter, the appropriations bill for FY 1982 is also pend.ing in the Senate. The LSC now exists by virtue of a stopgag funding bill (HJ Res 370) signed on December 12, 1981 by the. President. The present $241 million budget is a 25% fund reduction from the 198 I budget of $321 million. HJ Res 370 is a part of the State Justice Appropriations Bill, and expires in March 1982. At that time, the LSC will again have to fight for funding. It is unfortunate that the class-action amendment has become such a bone of contention. As of 1980, only 2 / I 0 of I% of all cases handled by legal service lawyers were such actions. This type litigation is often the most cost-effective way of settling problems affecting more than one plaintiff. The other 99.8% of legal aid cases represent single plaintiff suits. As of 1980, 30% of litigation went to family matters (i.e. divorce, custody, support, wills, and guardianship); 18% of litigation involved housing problems (i.e. landlord-tenant disputes); 17% to income maintenance cases (i.e. Social Securities disputes, welfare, ADC, and unemployment compensation); 14% to consumer finance matters (such as collection, repossession, garnishments, bankruptcy); and the remaining 21 % fell dispersed among employment disputes, immigration, torts and miscellaneous administration matters. The LSC lobby is resisting the class action restrictions. Another amendment to the reauthorization / appropriation bill will prohibit lobbying (on behalf of the poor) to influence legislation. Even though such a small amount of legal aid litigation is concerned with these types of litigation ( .2%), the LSC regrets such amendments, fearing the loss of these valuable legal tools for the underprivileged. At current budget, the LSC is managing to provide two lawyers for every I 0,000 poor people. Can our guarantee of equal justice for .all countenance less? OAKS' FIRST PRINCIPLE OF LAWMAKING: Law expands in proportion to the resources available for its enforcement. OAKS' SECOND PRINCIPLE OF LAWMAKING: Bad law is more likely to be supplemented than repealed. OAKS' THIRD PRINCIPLE OF LAWMAKING: Social legislation cannot repeal physical laws. Crisis continued from page 3 Also fellow student Joseph Tegreene was elected to the Cleveland Board of Education. His platform held that he was uniquely qua lifi ed to oversee the bankrupt C levela nd sc hoo ls because of his ex perience as Fina nce Direct or in pres iding over the financial collapse of Clevela nd. Similar logic would also hold that Yassir Arafat a nd Muamm e r el-Q add a fi were uniqu e ly qualified to spea k a eulogy a t M os he Dayan's funeral. Most A mericans under 65 do not intend to stop working completely when they retire. _According to a recent poll, 75% wa nt to keep on work mg a t least pa rt-time. 91 % ot A merica ns agree that nobody sho uld be fo rced to retire because of age if he or she wa nts to co ntinue working and is still a ble to do a good job. Meanwhile d own on the Poto mac, great defe nd ers of the public interes t, such as O'Neill, Stokes, a nd Metzen baum fight against plans to gradua lly rai se the age fo r Socia l Security eligibility over a 15 or 20 yea r period. Elsewhere in America, Miss Angela Davis is o nce again subject to a ttack by t hose nightriders ca lled Capita lists. T he felic it ous M arxist acti vist was ordered by a San.Diego municipa l judge to pay $2, 11 2 on a n old st udent loan contracted fo r in the late l 960's . Doubtless the money, when received, will be spent on bo mbs a nd White H ouse china. Recently, a politicia n a ttac ked "such intole ra bl e ph e nom e n o n as t h e admini st ra tion bristling with overstaffed a nd multi-echeloned depa rtments, which a re cra m med with sup e rflu o us s ta ffers, numerous deputies and nomina l chiefs and bogged dow n in endless debates a nd shifts of res ponsibili ty, causing very low worki ng efficiency." President Reagan? No, it was C hina's premier, Z hao Ziyang. As 198 1 a bsconded with it s logic a nd reason barely intact, one sits back and po nders certain questi ons. Why, for in sta nce, a re gasoline prices lower in December than the previous Janua ry when the deco ntrol of o il occurred in between? Why are oil compa ny profits declining in the face of less regula tion? Whither the $2.00 per gallon per gas as predicted by Ho n. Montebank Metzenbaum. Katherine Boudin, former Cleveland activist , was recently arrested in connecti on with the $1.6 million Brinks robbery in which three people were killed . Many of the local radical geeks reminisced about her to the press. Rev. Ray L. Miklethun stated , " It's impo rtant for those of us who have led relatively less difficult lives not to condemn her and others for their actions without co nsidering all that's involved." The fact that Rev . Miklethun represents the clergy a nd excuses three murders is sad . That he believes the ends justify the means exposes the true morals of the '.60s. Dr. Myron Winick of the Institute of Human Nutrition at Columbia University reported in November that our country's major nutriti on problem nowadays is excess calories leading to obesity. Fallowing are his major findings: Blacks are more likely to be obese than whites, women more obese than men, people with low !Qs more obese than those with high !Qs a nd obesity is negatively correlated with socioeconomic status. Also Jews a re more obese tha n Catholics, Catholics more obese tha n Protestants, and a mong Protesta nts obesity becomes progress ively less prevalent as you go from Baptist s to Meth odists to Lutherans to Episcopali a ns. In sum. the thinnest fellow around is a weal thy, bright , white, male Episcopalian . W henever a fo od shortage occurs. d on' t poi nt yo ur fin ge r in his directi o n. F ina lly, the fi rst homicide in C levela nd occ urred as a result of an argument over the grave subject of who knocked over a snowma n. Gun control enthusias ts should note that the victim was run through four times by a butcher knife. selective from page 3 Logistica lly. most law schoo ls a re ill -eq uipped a nd ill-funded to ena ble major increases of journa l staffs. Furthermo re. the edito rs wo uld have to a llocate their pa inful ly lim ited ti me to tra in a nd supervise th ose students wh o, fo r whatever reaso n. are not journa l mate ria l. This would ultimately lead to medi ocrity in qua lity at ma rgina l q ua nt ity. T he Merit ocratic Argument must preva il if a law journal intend s to promote o ptimum qua lity. If a cha nge is necessa ry in the select ion process, let it fall on the side of me rit. The most logica l cha nge would be to exte nd pos iti ons on )a w journals solel y on stu de nts' a bil ity to write. Th is wou ld se rve to de ny the au toma tic se lectio n of those stude nt s with high G P As who lack the necessa ry writing skills. The fa llacy of the Me rit ocratic A rgument as it sta nd s is th a t it ass umes that there is a direct co rrela ti o n betwee n a high G P A a nd the a bilit y to write. This assumpti on is pure nonsense. Extending pos itions o n journa ls based solely o n writing skills , demo nstrated through a writing competition , is by far the most equitable mea ns of assuring optimum quality. If a student ca nnot meritoriously ea rn a positio n, he should be denied membership. If good writing skills create e litism, then so be it. moot court from page 7 the Finals comp e titi o n . The Respondent team won their preliminary oral rounds against University of Indiana (Bloomington) and Fordham University , only to be eliminated from further rounds because of its brief ranking. The final match in N ew York pitted T exas T ech . against U niversity of Tennessee. Justice Byron White and e ight other judges served a s the panel. Both tea ms we re ranked equal a s to th_eir arg uments and qriefs ; however, University of Tennessee prevailed a s the winner because its brief ranked hig her. oaeo continued from page 3 In other words, th.: character of a Distributive Principle, e.g., to each 3.ccording to GPA or lega l writing ability, is explained by the nature of the educati ona l framew ork, e.g., Langdelli sm, in which it is embedded. The Merit Principle ma kes sense only through implicit reference to a system of performance assessment such as gradin g. There is a "fit ," a correspondence rela ti on be twe e n th e Merit Prin c ipl e a nd L a ngd e lli s m . Co nsid e rati o n of one implicates the other. Wh en advocates of the Affirmati ve Act io n Dis t ri butive Princip le purpose combining it wit h the Merit Principle, the peculiarit y of the graft , wh ich a ppears so counter-intuiti ve, is really a matter of an alien distributive principle not matching up with La ngd e lli s m , th e educati onal fra mewo rk which rema ins constant . Attention needs to be directed away fro m the di stributive principle, which is simply a deriva tive issue, a nd needs to be foc used on th e educa ti o na l pr inc ipl e, whi c h is ultima tely the co ntrolling one. The questi on then is not wh at d istributi ve sta ndards to a pply, but wha t fo rm the educati ona l process should assu me . And wh o should decide? We submit tha t the preva iling ed ucational principle, Langdellism, which animates lega l educatio n as we know it today, subordinates lega l educ a ti o n t o t he vocati o na l requirements of the lega l profess ion by be ing oriented toward practitio ners' law. The a im of the educa ti onal enterpri se thereby becomes the producti on of useful huma n co mm odities to meet the needs of the lega l profession, ra ther than the tra ining of inquiring minds wo rthy of a n inst itut io n of higher education. Langdellism itse lf is mai ntained by a regime of d ominati on whi ch keeps the majority of the members of t he acad emic co mmunit y from co ntr o llin g th eir educati on. The bottom line is whether the members of the academic community are to set their curricula r framework themselves th rough open a nd constraint-free dia logue, or whether this framew o rk is to be imposed from the outside and in the service of external interests. A truly intellectual curricular framew o rk would place the premium on creativity a nd diversity in thinking rather than on meas ur-ing performance according to proficiency in the narrow , practition e r-oriented skills demanded by the legal professio n. The distributive principle for journal positions corresponding to such a new curricula r framework would be: to each according to his/ her participa ti on. Journa ls would be open for all to join, because their goal would be to serve the academic interest of fostering intellectual fermentat io n. instead of the vocational interest of a skilled ~lite . Reprinted 11 ·ith permission from the Georgetown Law Weekly of George11111 ··· University . Fore Ian from page 9 President Reagan's inability to quickly respond with a clear and consistant policy is perhaps attributable to the abysmal state of affairs between Haig. Allen. W~inbergerand the neophyte-but "quick study" - Clark . U nless a determination is made as to who will be vicar of foreign policy. this !fdministration will continut; to react to crisis through pronouncements which amount to nothing more than rhetorical gymnastics. Western Europe President Reagan's greatest error with respect to Western Europe has been his decision to base the defense of Western Europe on the deployment of nuclear weapons there. Our allies in Europe are confident that the U.S. has no other choice hut to defend their territorial integrity. This explains their lethargy o n defense and their resistance to the imtallation of U.S. missiles on their territories . while at the same time they seek to expand their trade relations with th e Soviets. President Reagan has yet to no tify the Europeans that unless they are willing to defend themselves ideologically and militarily against the U.S .S.R .. the U.S. will not commit itself to their defense . Middle East To date. there is no existing policy for this regi o n. Aside from the A WACS sale which was a brilliant mo\e . this administrati o n has been unable to formulate any type of long-term policy which would benefit the U.S . in thi s region. O\·er the past year there have been many misunderstandings between the U.S . and brae!. These misunderstandings could have . - . been avoided if Israel had been forewarned this administration-·s goals in the region. Preside nt Reagan ha s ob,·iously decided to court the Saudis . who are in the best po sition to nego tiat e ''ith the PLO. At the same time howe-, ·er. ''ithout pri o r notices. Presid ent Reaga n ha' isolat ed Israel in re,ponse to some of their actions which were detrimental to America's relations with the Arab nations . While it mav ha,·e been necessary to notifv Israel that it ~hould not chew on .the hand that feeds it ( Israel currentlv recei\es approximately S2 billion a year . from the U.S . in foreign aid) . it would ha,·e been perhaps less painful if Israel had prior notice that foreign aid is linked to their beha\ior. This would have avoided the deterioriation of American innuence in the Middle East. Latin America Again . President Reagan has yet to articu late a policy in this region . This is eYident in the admini stration 's hesitancy to combat Cuban and Sm·iet aggression in Latin America. President Reagan mu>t first make a clear determination as to what hi s goals are in this region: the appropriate actions will foll o w naturally. Developing '\'ations At Cancun. President Reagan articulated the , ·alues of the free market place sy,t e m and how it could economically and politically benefit developing ~ations . However. mere reaffirmation on the benefit s to be gained from capitalism is not enough to some of these countries which will turn to the SoYiets unless they recei\e immediate foreign assistance . It is '1ill unclear how President Reagan will help these countries de\elop their non-existing pri\ate sector. when foreign assistance to the>e countri e> ha\e bee n cut. O\C:rall. Presid e nt Reagan's foreign policy after his first year in office is marginally adequate at best. While this administration has an C.''(Ceptional secretary of state. the California troika has undermined his abilit y to function as the \·icar of foreign policy. Furthermore. the administration would best be se n ·ed if Secretill"y Weinberger and Mr. Meese did not spca k on foreign polic\· based on a cohe rent a nd comprehensi H: centra l concept supported hy lo ng-t e rm consid e rations . A new botanical species found flourishing in the atrium: BUTTUS CIGARETTI. VA«;~ 1C3 BITCHln' PHANTOM DOOR HANDLES INFAMOUS KNEE-KNOCKERS C-M faults discovered. What will this building look like on its 5th birthday · this fall? from page 18 Marshall's reputation has improved immeasureahlv hecause of The Gavel and ifs con1en1s. The onlv thing missing in the law sch,ool is a "Wall Srreel Law Clinic." (C) The "prohlem" !hen, is no! wi1h ml' opinions (which re.flee! popular sen1imen1 ~s opposed lo "puhlic opinion") nor even wi1h !he "1one" or "1enden1iousness" of the polemics qs one very charming, wittv, and regularly ·hesolled Irish 1eamster andjormer edi1or once had 1he audaci1y 10 express. "Tasle is always afool - 1heconsensus of any m oment; conlemporarv 1as1e is the agreemenl of diffiden1 peopl~ 10 quote each olher's opinion. /1 . reaffirms wi1h complacencr reputations (or cliches) which are ac1ual~1 · cons1ruc1ed of rumor, laziness. and fear." (Kenneth Rexroth and His Poe•ry, Donald Hall, NY Times Book Review, Nov. 23, 1980, p. 43; paren1he1ical phrase added). The "prohlem" has no1hing 10 do wi1h "studen( apalhy" as somefacully memhers and adminis1ra1ors have xrumhled. The "problem" is quire simpll' 1he humhle recogni1ion (among 1he silenl or inarticulate, dependinx on your poinl of view) !hat 1hefac1ual informal ion presenled is irrefutable. Personal a/lacks such as 1·our.1· or like !he one we received (and puhlfshed) las1 yea_r from a Kucinich-groupie - also anolher Liheral and Firs! Amendmenl Rixhrs puris1: she wanted us "edi1ed righl oul of prim" - reflec/ 1hefrus1ra1ion which many individuals (hu1 not a majority) feel when !heir cliches, their sloxans, their "compassion." and their naive sophisrrr is challenxed with irrefutable . facts. · · The majority o,f students here. in m1 · 1•ie11" are far too husy (quire properll') wilh their own lives and careers,. their work and 1heir families . They don't ha1•e the time to do 1he research 1ha1 would he required to arxue anr ()( the ideas and suhstantla1inx /acis presenled. However, ther know 1hai the forum exists and while o,;,~1· a handful have taken advantaxe of the opporrunitr. there is no ohstacle to its utilization . .. u,;,les.1· some pious, compassionate "proxressives" take over wiih "new" ideas and "guidelines" as to what will or will not he acceptable for publication. (DJ Your nonrefutarion also reminded me o,f a quote I came across in my readings while studying at Oxford University in Enxland-1 though! I'd he pompous and immodest for once and throw rha1 in - to wil: "It will never he known what acts of cowardice have heen mo1iva1ed hy ·1he fear of nor look,ing sufficienl~J' progressive." (Peguy, 1910) I can think of a couple. Michael Varxa-Sinka Editor Emerilu.s P.S. As for 1he pho10 o,f the homo on paxe 11 , to which you referred, / rhough1 it wath humorerh. from page 10 administration: (I) less entorcement dollars available to assure us that industry is doing its share to maintain the environment and clean up after itself; (2) drastic reduction of control of such conduct that does not have immediate horrible effects, and a reduction in the amount of funds available to the private sector to clean up their act in the research and development areas; and (3) the Department of the Interior under Secretary James Watt has taken a completely different stance than it did at the 'end of the Carter administration - ii is not as concerned about the enviroAment, i.e. leasing of off-shore oil tracts and strip mining. "You put these three factors together and it all adds up to a package where, · unless it can be established that there is a clear and present danger to the public health and safety, the administration is .not taking steps , to deal with environmental damage," concluded Professor Kellman. · In evaluating what this means for our local "North Coast" environment, we must be faced with the realities of Reagan's "New Federalism." By cutting spending at the expense of turning every possible program over to the state, President Reagan leaves us facing the reality that there is no money in the state budgets to take care of environmental issues . Therefore, in the next several years local clean up efforts of Lake Erie and our industrial pollution will be at a .standstill or worse yet - going in reverse! "Reagan knows the ballgame he's playing;" sa;d Professor Kellman, "and what we're going to see is that the victims of our system, those that are at the bottom end, those that have to live with pollution of live with poverty are going to be hurt. So that Reagan can make a 15% increase to the military budget." The areas of energy and transportation bring forth a startling contradiction to Reaganomics in a central area of policy. "Reagan is more than enthusiastic in backing nuclear energy in direct contradiction to his other lines in terms of budget control," noted Professor Kellman. "Strictly speaking, nuclear power is from an economic standpoint an impractical way to get people energy." The result of this Reagan policy is very costly. Examples of nuclear power plant costs abound, just consider the problems at the Diablo Canyon facility in California and th~ $3 billion in construction costs wasted by the Washington Power Supply Program (WPSS) to attempt to build two power plants in the Northwest (the plants were the 29th and 30th cancelled in the U.S. since January of 1979). Despite these glaring facts, the Reagan admini_shation is continuing both research and development subsidies for nuclear power; and in a sense counteracting the very real economics which would in and of themselves preclude the development of nuclear power. At the same time the administration has taken a free market approach to alternative energy sources, i.e. that the private sector should support the research and development of solar, wind, and other alternate forms of energy. The pivotal point as noted by Professor Kellman is, "If Reagan doesn't continue the subsidies for nuclear power, then we would have a possible phasing out of these costly projects, or at minimum no growth in the short term." Public transportation and the auto industry are two areas of local concern that will have no possible increases in funding over the next several years. They will have to cend for themselves according to Professor Kellman; with the exception of possible decreased auto emissions requirements being passed when the Clean Air Act com.es up for revision, so that the auto industry would be stimulated and gas consumption decreased. Ir,i appraising Reagan's first year we can conclude that he has made significant changes in the EPA and the Department of the Interior in order to promote his ec'onomic programs. The env:ironment has not been a big issue under this administration, and it will most likely remain in the background. Nonetheles's, we should be concerned as to the direction of the administration's programs, and be critical of apparent contradictions. An easy illustration occurred in President Reagan's State of the Union address, as he proclaimed that full employment as well as clean air for all to breathe (in reference to the possible passage of a revised Clean Air Act) are goals withiri our immediate grasp. Any casual observer will note that with the current economic situation, clean air and full employment aren't possible simultaneously. Crime from page 11 Fra_nk Pursio, a neighbor o(AJ Calabrese, was killed when he tried to move Calabrese's car from his driveway. One member of the mob was blown away when the bomb he was setting on Coventry Road malfunctioned . Eugene Ciasulo, also known as "the :4'~imal," was bombed twice and seriobsly Injured on the second attempt. While C1asulo was recovering in Florida his vacant home here was blown up, just to make sure he got the message. Other Cleveland mobsters have disa~p_eared and most likely are not amorig the hvmg. Curtis Conley and Keith Ritson. both of whom worked narcotics for Danny Greene, have never been found. William Bostik, who also worked for Greene ?isapp~ared long ago. Recently his body wa; 1dent1f1ed as one found in Ashtabula County Nith. ~ands and _head cut off. Charley Cambia was gomg to a wedding in Youngstown when he disappeared. His car .was found the next day in Cleveland, but Charley has never been found. His brother, Ron, was convicted of the Danny Greene murder along with others. In the second and final installment to appear in these pages next month, I will kcd to typeset a small piece. a "tribute" to The Ga1·e/'s typesetter at CSU. Under that guise. the editor informed us that women rarely possess "competence. sensibility. diligence. and reliability." Never fear. however: a woman's "obvious physical attributes" constitute her "talent." No one in our shop - woman or man - could stomach that. We no lo.iger wish to be a party to that contract. It is our hope that at some point in the future you will return to publishing a paper that. regardless of politics. refrains from degrading large portions of the population. If that happens. we would be delighted to resume our relationship with The Gm•e/ of the future. Until then. please count us out. and find a printer with a stronger stomach. Yours truly. Mark Corrigan Lisa Oppenheim John O'Hara Joe Geller Laura Lavelle Orange Blossom Press, Inc. An open letter to the Orange Blossom Press: It is indeed unfortunate that you no longer want our business. While you have every right to 1101 print material which you do no happen to agree with - a luxury not a\·ailable to countries which have adopted leftist or fascist governmental policies - it would ha\·e been an act of faith in our system and social structure for you to continue the business relationship we have had over these many years. Our system is predicated upon many fundamental rights of which freedom of ex pression is one of the cornerstones . It is not an easily defined right with easily defined boundaries. At no point did this publication "degrade" anyone. At the most it criticized ideas that were superficially attractive but have hist orica lly shown themselves to be reactionary and degrading to the human beings who must suffer under it. I am referring of course to fascism. communism. socialism. and contemporary liberalism which . as a political philosophy. leads ineluctablv to the aforementioned. I think it was Al Smith. the forme r Go\"ernor of New York. who once stated that "Liberalism leads to Fascism." He is correct. As for the specific "tribute." only the politically irresponsible and deranged could by any stretch of the imagination assume that piece to be anything but "tongue in cheek.'' U nfortunately. too many of those who classify themseh·es as "open-minded." or "flexible." or even "liberal" distinguish themseh·es by taking too many things 111uch too seriouslr. Those of us who. like the undersigned. do not associate with "fringe" political groups or dabble with "fringe" political philosophies. have not developed such an attitude - we've been able to maintain our se nse of humor. Irma. in point of fact. was not degraded . .. nor any sensible woman with a sense of humor. She is presently in the Homecoming Queen competition. Do you look down on that too? worK~rs OFmewcrL~ UNiTe! ---' \' . Finally. I think you ought to understand that in choosing a printer. we chose on the basis of competitive quality. profession-a li sm. and price. This too is a freedom which will not be found in left-wing fascist or socialist countries. The Ga1·e/remained with you because of those \"ery ob\i ous attributes and not because of any political or social stance which you espouse (and we knew that you did and are .continuing to do so). In effect. you were chosen to print and not to censor. Sincerely yours. M. Varga-Sinka Former Editor. The Gm·e/ P.S.: I don't know where you received information about our "po licies" but the only policy which will be continued is that of an "open forum ." which policy did 1101 exist when your fa\"ored editors of fi\"e and six years ago were in control. We believe in the First Amendment and the responsibilities which attach to it. No one who has contributed anything with which we disagreed has been censored or edited.* I do sincerely hope that someday you will realize just how much fun it is to have more than one political view - and that can onlv be defended 2nd maintained by a strici. classical interpretation of the First Amendment: a conservati\"e view. I'll have you know! * Vol. 29, No. 3, Dec. 1980, p. 9, "The Feminine Mystique." Vol. 29. No. 2. Nov. 1980. p. 2. "Fonda Wants Anderson." (If the young liberals here were able to refute the information we tendered rather than merely resort to name-calling. there might have been more opposing articles though none that could have refuted the factua l information contained therein .) FIRST YEA R STUDE NTS There will be a n ad vising sess ion on Wednesday, Februa ry 10th at 2: 00 p.m. a nd T hursday, February I Ith a t 7: 45 p.m. in the Moo t Co urt Roo m for choos ing Spring Qua rt er elec ti ves a nd pla nning a head in selec ti ng courses. T he th ird a nnua l Ba r-M edi a Fo rn m wi ll be held on Frida y. Febr ua ry 19. to address t he iss ue: " D o News Repo rts Rea ll y Bias Juri es')" T he moderat o r will be Ho n. J .J .P. Corriga n, retired ju ~ai ce of th e O hi o Supreme Co urt. Pa ne li sts include Louis Paise ly. Ba r Assoc ia ti o n pres ide nt : David Ho pcraft. execu tive edit o r of the Plain n <'aler: Gerald Go ld. presid ent-elect o f the Ba r Assoc iat ion: a nd Hugh Da nacea u. news d irecto r o f WCL V. show host at WVIZ-TV 25. and pres id en t o f Sigma De lt a C hi. T he foru m is spo nso red by C- M a nd the Ba r Assoc ia ti o n of G reate r Cle\·c la nd wit h th e coo pe ra ti on of Sigma Delta C hi . the pro fess ion a l jo urna li sm soc iety. Ca ll 687-2540 fo r rese rva ti o ns. When registe ring fo r Unfa ir Trade Pracrices. use Ca ll No. 4047, no t the one li sted on the green schedule. T he P rosecut or's O ffice was a wa rd ed a three yea r g ran t fro m the C leveland Founda tio n to im plement a di spute reso luti o n program. Seco nd a third year law stud ents have bee n hired as Mediato r Inta ke Coun se lo rs. T he prog ra m will p roces s a n est imated 15 .000 citi ze n co mpla int s yea rly. T he prog ram see ks to offer C levela nd citi zens immedia te so lutions to the ir di sputes a nd reduce the vo lume of cases in C levela nd Munic ipal Court. Bradley M. Weiss, Mediation Progra m Coo rdina to r, wo rked on a simila r prog ra m in Columbus. He trains the law students with film s, lectures and role-plays. Students are asked to work 12-14 hours per week at $4 .75 pe r hour. The program is conducted ·from 8 a .m. to I 0 p. m. on weekdays. There is a pos s ibility o f full-time s ummer employment. A new training session· will ta ke place in M a rch. Interested students should apply to Weiss at the Justice Center. RES PEIDEns S pring 1982 cou rse Taxari un : Pr ocedure. Penalries & Prusecuriuns, LAW 647, Secti o n 3 1, Ca ll No . 4054, 04 C redit hours will be offered Spring qua rter from 8:00-9:40 p.m. o n M o nday a nd Wednesd ay in LB 208 . The inst ruct o r will be Adjunct Lecturer in La w, J a mes C. Lynch, a C leveland attorney speciali zing in tax law. Judge Ann Aldrich, a form er C-M professo r now on the District Co urt bench, a nd A lison Keres ter. C-M stud ent , wanted to work together las t summe r. S ince Aldrich d id not have the money but Keres te r had the interes t , the Judicia l Exte rnship Progra m bega n. Aldrich ta lk ed to the Dea n and the facult y was rece pti ve to the program. S tudent s wo uld work full-time and receive 15 credits for the qua rter . Eleve n stud ents pa rticipa ted fa ll qua rte r. C urrently only th ree students a re cle rki ng but Assista nt Dea n Jea n Lifter ex pects the number to increase in the spring. S tudents mu st submit a res ume a nd writing sa mple which is reviewed a t C-M . A judge ca n spec ify any characteristics o r coursewo rk tha t must be completed . C-M se nds the student to the judge for the inte rview. The extern spends the qua rte r d o ing lega·I resea rch, simila r to wha t a regula r clerk would d o. At the e nd of the q ua rte r the judge evalua tes the ex tern . T he ex tern must submit a few writing sa mples to receive the c redit . Both j ud ges a nd ex te rns have bee n enthusiastic a bout the progra m. T he a pplica ti o n deadline for spring qua rter has passed but students inte res ted in a jud icia l externship for the summer should a pply in ea rly March. Many of yo u wh o enjoy writ ing, ph otogra phy or have an a rti stic bent may be inte rested in wor king o n yo ur la w school news pa per. The pape r belongs to each indi vidua l here . It is a fo rum of o pinion a nd no t merely a bulletin boa rd . As a member o f the sta ff yo ur time spent studying will not be monop o lized by a ny work tor which you may wish to volunteer. As a casua l reade r, yo u may wish to express agreement or disagreement on subjects discussed within thi s humble journal or pe rhaps bring the students' a ttenti on towa rd issues which you fee l merit consideration but which we, in our pursuit of unive rsals , have igno red. Please type your lette rs o r essays; ma ximum: three d ouble-spaced , typewritten pages. The offices of The Gavel a re found in Roo ms 23 and 24. The rein , the Editors will gladly a nswer any quest ib ns you may have as we ll as dispense re levant informa tion on the school a nd the a ttributes o f work ing on The Gavel. The Gavel will ho ld a n o rga nizati ona l meeting · on Tuesday, February 16 a t 5:00 p.m in t he Gave l office, ro om 23. Students interested in writing articles or ass isting with the layout / p roductio n o f the pa pe r sho uld a ttend . A perso n interes ted in being business manager is also needed . All staff members must attend . F IRST YEAR STU D ENTS The 120-day deadline fo r filing the a pplicati on to t he S upreme Co urt of O hi o has bee n exte nd ed until May 28, 1982. If you file the a ppli cation by the a bove da te, yo u will not be cha rged the $30.00 addi tiona l la te fee . Weather Update: North Coast grounding predicts more of the sarne.

1981 Vol. 30. No. 2

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