IMrlY 6 1980

Alumni Bulletin of the University of Wisconsin Law School

Vol. 11 No.3 Spring 1980

Return address:

:lite gargo,/felaw SchoolUniversity of WisconsinMadison, Wisconsin 53706

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TABLE OF CONTENTS

1979 Visitation Report , . . . . . . .. 3Action of the Board .. , ... , . . . .. 5Law and Society Meeting. . . . . .. 5Hurst Writing Award .. . . . . . . .. 5Client Counseling Competition .. 6Johnson Endows Professorship. 8Energy Degree Planned . . . . . . .. 9What Could Be Funny 10Athlete/Lawyers Surveyed ,. 11

THE GARGOYLEBulletin of the lkliversity of Wisconsin LawSchool, published quarterly.

Vol. II No.3 Spring, 1980

Edward J. Reisner, editorPublication office, Law School, University ofWisconsin, Madison, Wis. Second class postagepaid at Madison, Wis. and Waterloo, Wis.

Postmaster's Note: Please send form 3579 to"Gargoyle" , University of Wisconsin LawSchool, Madison, Wisconsin.

Subscription Price: 50~ per year for members,$1.00 per year for non-members.

Cover Photo: Final round in the ABA Client Counseling Competition. Story inside.

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1979 Visitation Report

University of Wisconsin law School

Visitors Chairman Mark Barady

The Board of Visitors of the U.W.Law School was established in 1958by the Wisconsin Law Alumni Asso-ciation for the stated purpose:

"of assisting in the develop-ment of a close and helpful rela-tionship between the LawSchool and the University ofWisconsin Law School alumnion all matters of mutual in-terest including Law Schoolfacilities, curriculum, place-men t, admission and publicrelations of the school and theBar."The Visitors met jointly with the

directors of the Law Alumni Associ-ation on November 4, 1979, and con-ducted the Visitation on November 5with the Association board members,other alumni, and members of thejudiciary. We note with regret thepassing of Richard Trembath,WLAA board member, and James R.Schipper, Visitor. After our visit wasconducted, Milt Lorman, Visitor,passed away. The contribution ofthese respected alumni will be sorelymissed.

We were pleased to note that stu-dent interest in the Visitation has in-creased although the number of stu-dents that we had contact with re-mained quite small. In past years,the lunch session with students washeld in the student lounge and waspoorly attended, and the dialogue be-tween students and the Visitorsseemed restrained. This year thelunch session with students wasmoved to the Union, and representa-tives of specific student groups wereinvited to attend. It seemed to usthat this improved the dialogue. Thestudents were quite forthcomingwith their comments about theschool, and these comments ingeneral were well thought out. Thus,we recommend that future visita-tions utilize the same approach for

the lunch session and, perhaps, ex-pand it to two hours to permit morediscussion. We were pleased to notethat in addition to representatives ofthe Student Bar Association we alsomet with representatives from BlackAmerican Law Students (BALSA),PDP fraternity, and Steve Her-nandez of LaRaza (Law SchoolHispanic student association). Ourdiscussions with the students whodid attend our lunch and open forumwill be discussed later in the report.

On Monday morning the Visitorssat in on regular classes. During ourobservation of classes, wewere sensi-tive to the criticisms of some stu-dents as to the teaching approach ofone faculty member in particular.We were impressed with the qualityof instruction from both new and ex-perienced faculty members andnoted various styles in the smallerclasses that encouraged class discus-sion and participation by nearly allof the students in the class. We con-

tinue to encourage the faculty toemploy small classes and class dis-cussions as often as possible in bothadvanced and beginning courses. Inaddition, we recommend that ex-perienced faculty members assistnew instructors to enhance teachingskills and to employ techniqueswhich place students in the role ofdemonstrating communicative skillsand analytical talents. It is our feel-ing that all students and their futureclients will benefit greatly from suchan experience.

The subject of the afternoon forumwas the impact upon the Law Schoolof the legislatively mandated parttime legal education opportunities,We remain concerned about the po-tential impact such a program willhave upon the Law School's ability toattract and retain a high qualityfaculty. The admissions standardsand other procedures applying topart time students are not differentthan those of full time, but we

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WlAA President-elect Dale Sorden

believe that we should continue tomonitor the situation. We stronglyencourage all students to attempt tocomplete their law school programon a full time basis wherever possibleas it is our opinion that concentratedstudy is effective. For those in-terested, the Dean has prepared astatement about the part time legaleducation opportunities now availa-ble at the LawSchool.The statementis being distributed to all personsoffered admission.

During the open discussion, a com-plaint was raised about the disloca-tion of BAlSA from their officespace. Representatives of BALSAin-dicated to us that their space wasneeded because of the counselingservices they provide. We exploredwith the Dean alternatives for meet-ing BAlSA's space needs, and onNovember 26th the Dean reportedthat space has been temporarily allo-cated to BALSAfor the remainder ofthis academic year and probably fornext summer. We strongly en-courage the Law School to continueto attempt to make space available tothe student groups wherever possibleand to utilize arrangements such asthat which BAlSA has worked outwith the placement office.

The lack of availability of certaincourses on a regular basis promptedconsiderable discussion. In the past,we have heard complaints from stu-dents that they do not always havethe opportunity to take wantedcourses because of the liberal leavepolicythat is available to the faculty.We feel very strongly that the liberalleave policy should be continued aswe understand that the availabilityof such a program has a high value to

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the faculty and, therefore, signifi-cantly aids in the attraction and re-tention of highly qualified facultymembers. However, we believe itwould be helpful if students receivedearly notice of faculty members tak-ing leaves and that the leaves beplanned so that no regular coursewould be taught by a part-time in-structor.

On behalf of the Hispanic stu-dents, Mr. Steve Hernandez pointedout the need for a class on immigra-tion law.He stated that there are fewpractitioners in this area in Wiscon-sin despite an apparent growingneed. We recommend that the re-quest for an immigration law coursebe considered and approved at theearliest opportunity by the cur-riculum committee. We note thatsuch courses are being offered bysome other major law schools. Subse-quently, the Dean reported to us thatan Immigration Law seminar isbeing offered in the Spring 1980semester.

We want to take this opportunityin this report to commend the effortsof Ed Reisner as placement director.Over the past several years we havereceived many favorable commentsabout his efforts to assist students inthe placement process. The record ofthe placement office speaks for itself- nearly full placement of every gra-duating class. These accomplish-ments are particularly noteworthy inrecent years when many law gradu-ates from other schools have ex-perienced difficulty in finding suita-ble employment.

It is our hope that graduates recog-nize these efforts and support theLaw School not only with financial

contributions but also by coordinat-ing placements with the office.

The Visitors and the members ofthe Board of Directors are again con-cerned about the lack of alumni sup-port for the law school. The Board ofVisitors dinner on November 4thwas well attended; perhaps the at-tendance may have been due,however, to the popularity of JohnConway, recipient of the WLAADis-tinguished Service Award. The at-tendance, nonetheless, was en-couraging. Continuing efforts mustbe made to encourage alumni in-terest in the Law School and to pro-vide greater financial support. Webelieve that the carefully integratedefforts of alumni and students needto be added to those of the lawfaculty, the Law Schoolas a unit andthe UW administration. When thiscan be done more effectively it willhelp assure the continuing ex-cellence of the school's reputationand such increased interest shouldlead to broader support by alumni ofsome of the Law School's specialneeds.

We welcome the appointment ofRobert O'Neil as president of theUniversity of Wisconsin system andnote his background as a lawyer andlaw teacher. He taught law classeswhile Vice President of IndianaUniversity and we hope that he willteach a course or seminar eachsemester at U.W. Law School.

Sincerely,

BOARDOF VISITORS

Mark Bonady, ChairmanHoward Pollack, Vice ChairmanEdward Reisner, SecretaryLloydBarbeeMary BowmanJohn FetznerJustice Nathan HeffernanDeborah KleinmanRobert B. L. MurphyWilliam RosenbaumJames Soman

37th AnnualLaw School

University of Wisconsin

Spring Program

April 18-19, 1980

- WLAA Business meeting and luncheon

- SBA and Reunion Dinners

-and more

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Actions of the Board

Meeting in Milwaukee on January25, 1980, the Board of Directors andthe Board of Visitors of the Wiscon-sin Law Alumni Association selectedCatherine Cleary ('43) and Ray T.McCann ('21) as recipients of thisyear's Distinguished ServiceAwards. The Awards will be pre-sented as part of the Spring Pro-gram. A draft of the Visitors reportwas considered. The final report isprinted in this edition of theGargoyle. The role of members of theBoard of Visitors at meetings of theBoard of Directors was discussed.While no action was taken, PresidentIrv Charne promised to encouragetheir participation. The Board ap-proved a new masthead design forthe Gargoyle and asked for cost esti-mates on other revisions. DeanHelstad reported that three newfaculty members are being sought bythe School.He also noted that a self-study required by the ABA ac-creditation authority is about to getunderway.

LAW AND SOCIETYMEETING

The Law and Society Associationwill hold its annual meeting inMadison June 5-8, 1980. The meet-ing will be held jointly with that ofthe Association's international coun-terpart, the Research Committee onSociologyof Law of the InternationalSociological Association. Some fortypanels are tenatively scheduled, andparticipants will address a widespectrum of topics within the generalarea of law and society.In conjunction with this meeting,

the Gargoyle will publish a specialsupplement describing the LawSchool's long involvement with andcommitment to interdisciplinarylegal studies. Wisconsin has been amajor center for law-in-actionresearch and teaching since the1930's and has pioneered in manyareas that are receiving a great dealof attention today.Current efforts in the field of in-

terdisciplinary legal studies includeseveral ongoing, formally structuredprograms, a number of short-term

~esearc~ projects, interdisciplinaryinstruction, and national activitiesand linkages. The supplement willcover these endeavors as well as ahistory of Law Schoolinvolvement incooperative ventures with variousUniversity departments and publicagencies.Extra copies of the supplement will

be available. Alumni might want topass one along to a young relative orfriend interested in multi-disciplin-ary legal study. Copies will be ob-tainable by writing to the Gargoyleoffice.

HURST WRITING WINSAWARDS

A book written by Vilas ProfessorJ. Willard Hurst in 1977 has recentlywon two major awards. The volumetitled Law & Order In America;was chosen by the Order of the Coiffor its triennial book award and bythe .American Philosophical Societyfor Its annual Phillip's Award. ThePhillip's Award was given for thisbook and for general contributionsby Prof. Hurst to the field ofjurispru-dence.

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On Saturday, March 8, 1980, theUniversity of Wisconsin Law Schoolhosted Regional competition in theABA Client Counseling program.Twelve schools from Indiana, Illinoisand Wisconsin sent teams of stu-dent-lawyers to compete for the rightto advance to the finals in Macon,Georgia. The current Client Counsel-ing Competition originated as theMock Law Office Competition at theUniversity of Southern California in1969. It has been held each yearsince then, with the American BarAssociation's Law Student Divisionadministering the competition since1973. In 1979, 120 schools partici-pated.

The purpose of the competition isto promote greater knowledge andinterest among law students in pre-ventive law and counseling functions

UW HOSTS CLIENTCOUNSELING

of law practice and to encourage stu-dents by contest awards to developinterviewing, planning and analyti-cal skills in the lawyer-client rela-tionship. The competition simulatesa law office consultation situation inwhich law students, acting as attor-neys, are presented with a typicalclient problem. They must conduct athirty minute interview with a per-son playing the role of the client andthen determine how they would pro-ceed in the hypothetical situation.Teams of judges, including ex-perienced attorneys and non-attor-neys with professional counseling ex-perience, observe the interviews andselect winners.

Before the preliminary competi-tion student-teams received a briefmemo such as a secretary might pre-pare before the first visit of a client.

They learned that they were to speakwith a thirty-four year old widowcasually known to one of the student-lawyers. Judges and the clientsthemselves had more detailed infor-mation concerning the problem to beaddressed. Clients were not,however, to "spill the beans" aboutthe problem. Rather they were tomake normal responses to the at-torney's inquiries and to suggesttheir own concerns. The widow'scase involved a business investmentwith a friend and her interest in pro-tecting two minor children. A similarproblem, with the substitution of athirty-eight year old widower, facedthe finalists in the regional competi-tion.

Valpariso, Illinois and Indiana ad-vanced from the preliminary round,with Valpariso capturing its second

Regional winners: Jackie Leimer and Jeff Eggers, Valparaiso University Law School

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straight regional crown after thefinal round. Judges were impressedby the winner's show of concern forthe client's problems as well as theorderly way they collected informa-tion and disected the various issuesin the problem.

While our own team did not ad-vance, they are to be congratulatedfor the effort necessary to compete.Senior Kathryn Bullon and secondyear student Laurie Levin wereselected as this School's representa-tives after an intraschool competi-tion. The client counseling programis directed by Attorney StephenBraden, a practicing lawyer fromMadison.

This School would like to publiclythank the persons who generouslyvolunteered their time and expertiseas judges and clients for this com-petition. Those persons are:

Michael AuenCharles ChvalaKathy DeanNancy Dodge

Michael ErhardWilliam Fahey

Thomas KennedyRodMillerDavid Mills

William MundtRebbeca ParsonsThomas Pfaehler

Mary RayBruce Schulz

Robert SeversonJoAnne Zick

Runners-up: Lauria Ebbesen and Robert Baptista, Univ. of Illinois

Runners-up: David Joel and Keith Kiuchi, Indiana University

1979 ..80 Fund Drive

If you have forgotten ••.

••• it is never too late to contribute.Our needs span the calendar, remember us.

If you have given ....•

. . • Our most sincere thanks, given by the entire LawSchool community. We remember you.

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Johnson's Gift Endows Law School Professorship

"I've always felt a great debt to theUniversity of Wisconsin for the startit gave me," says Atty. Richard E.Johnson of Waupaca, Wis., explain-ing the motivation for his gift of aUnitrust for a Bascom Professorshipin the Law School.

"My wife and I attended theUniversity in the '30s, when econom-ic conditions were pretty tough,"Johnson explained. His UW degreesof B.A. in economics (1937) and J.D.(1939) have helped him becomesenior partner in the law firm ofJohnson, Hansen & Shambeau inWaupaca and president of First Na-tional Bank of Waupaca.

Johnson is a tall, handsome manwho looks younger than his age.Although he claims "I'm not that col-orful a figure," he has a long historyof leadership in the legal and sport-ing worlds and in community affairs.

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He was Waupaca County DistrictAttorney from 1950 to 1962 and amember of the Wisconsin State BarAssociation's Board of Governorsfrom 1966 to 1970.

Johnson's student years were "sixof the best years of my life." He waspresident of the junior class of 1936and a member of the W Club, havingearned his letter in basketball; Kap-pa Sigma; Phi Delta Phi; WhiteSpades; and Iron Cross.

Johnson spent four years as anaval aviator in the South Pacificduring World War H. He entered theNavy as one of the "Flying Badgers,"about 25 young men from theUniversity ofWisconsin who becameaviation cadets as a group.

He has shown his loyalty to theUW over the years by contributinggenerously to the athletic programand serving as president of theWaupaca County UW Alumni Clubfrom 1955 to 1960.

Richard and Maxine Johnson havefive children, three of whom haveUW degrees.

He served on the National W ClubBoard of Directors for three years.

When offering his generous gift tothe University through the UWFoundation, Johnson did not have aspecific idea as to how it should beused. In discussing the needs of theUniversity with the Foundationstaff, he found that a professorshipin the Law School, to be called theRichard E. Johnson - Bascom Pro-fessorship, would be an appropriateand greatly appreciated gift.

Unlike traditional endowed profes-sorships, Bascom Professorships donot pay salaries of their holders.(These come from normal Universitysources.) Instead, Bascom Professorsreceive from gift funds annualallocations for books, computer time,assistants, travel, and other enhan-cements of their teaching andscholarship.

Prof. Bunn

Bascom Professors are selectedfrom departmental nominations by afaculty committee headed by theMadison campus chancellor. Reci-pients are faculty members of highscholarship who demonstrate "clearevidence of intellectual stimulus to,and rapport with, students at boththe undergraduate and graduatelevels."

The professorships honor outs-tanding teaching in the name of theUniversity's fifth president, JohnBascom, a leading scholar of wide-ranging interests who personallytaught every senior in the 13years ofhis presidency, 1874-1887.

Chancellor Irving Shain givesBascom Professorships high priorityfor funding in the UW Foundation'scurrent Forward with Wisconsincapital gifts campaign.

Wisconsin's outstanding teachersare under considerable pressurefrom competing institutions to leaveMadison for more lucrative positionselsewhere. University administra-tors, though unable to match com-peting salary offers, believe that thehonor and the stipends of BascomProfessorships have helped to holdthese top teachers at Wisconsin. Pro-fessors in ten fields were so honoredthis year.

Contributors to the Foundation'sthree-year campaign may designateany amount they wish to give to theBascom Professorship Endowment.Those who contribute $60,000 to$100,000 can endow a particularBascom Professorship and link itwith a name they designate.

Faculty Group PlansEnergy Degree

Energy has become and, proba-bly for decades, will continue to bea major American problem. Withits emergence has come a need forknowledgeable energy specialistswho are able to direct policy andmanagement decisions for govern-ments, utilities, consulting firms,and other organizations that dealwith energy.

A UW-Madison faculty commit-tee from more than a half dozendisciplines, with support from theInstitute for EnvironmentalStudies, has set to work this fall toconsider a degree program thatwould train such specialists.

Law Professor George Bunn,chairman of the committee, hopesthe university will be able to offerat least the beginnings of a gradu-ate energy policy studies programas early as next fall.

Ideally, the concept will growinto a full-fledged master's pro-gram in energy policy studies,says Bunn. But because new pro-grams require high-level adminis-trative review that may take twoor three years, energy policystudies probably will be offered inthe interim through establishedgraduate programs.

Bunn's committee is investigat-ing three current programs thatmight serve as "carriers" forenergy studies: the IES LandResources Program; the PublicPolicy and Administration Pro-gram (an adjunct to the PoliticalScience Department); and the Ur-ban and Regional Planning Pro-gram. Each offers a master'sdegree. The land resources M.S. isresearch-oriented and requires athesis, while the other degree pro-grams require students to work asinterns with public and privateagencies before earning theirdegrees. The faculty committeeenvisions offering prospective stu-dents the option of entering any ofthe three programs and con-centrating in energy-relatedcourses. Each program's emphasiswouldbe determined by its profes-sional orientation.

Professor Bunn has been namedacting chairman of the IES In-structional Program following theheart attack suffered recently byProf. Carlyle Runge.

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Also on the lighter side: Student Homecoming skits

EDITORS NOTE: One ofthe comments receivedconcerning the Gargoyleindicated the reader'sbelief that the Law Schooltakes itself "tooseriously," and thatnothing humorous hashappened here since thefaculty stopped playingbaseball against the stu-dents. While the missionof this School continues tobe very serious, studentsand faculty do find ampleopportunity to exercise awell developed sense ofhumor. Nor has physicalexercise been forgotten.In the past four years thiseditor has played on afaculty softball teamwhich has split fourgames with the LawReview. Anyone witness-ing these games wouldhave little doubt thathumor still exists at theLaw School. In an effort tocapture some of thelighter side of legal educa-tion, the Gargoyle willnow periodically reportevents in and out of theclassroom which showthat we too are "Real Peo-ple."

,WHAT COULD BEFUNNY ABOUT

CORPORATIONS

It is well known in educational cir-cles that a little humor can aid theprocess of learning by restoring at-tention as well as lowering the bar-riers between student and teacherwhich can impede learning. This wasnot the goal, however, of Prof. KathyPowers when she began requiringeach of the students in her Corpora-tions Class to read an issue of TheWall Street Journal. Her purposewas actually to insure that everyonehad at least a little exposure to thebusiness world from which Corpora-tion law flows. In their reports to

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Prof. Powers, however, studentsdemonstrated at least as much ex-posure to the world of show business.

After reporting what he read inthe Journal, one student asked, "Do Iget extra credit for reading the paperall semester (it never hurts to trydoes it?) and for not doing it inclass?" Another used an advertise-ment for the Journal as the founda-tion for her note. Next to the pictureof a successful executive who, the adreported, began reading the Journalin 1953, the student said: "I startedreading the WSJ on 11/21/79. Mypicture should be appearing on thisspot sometime in 1995. Keep watch-ing! P.S. Was [the executive] a stu-dent of yours too?" Still another stu-dent had his literate cat, AshleyMontegue III, report that he wasreading the Journal as required. Itseems that the cat also became a stu-dent of the stocks. The cat writes,"Nothing that Rals-Pur (Ralston-Purina) seems to be holding steady ifnot gaining, I decided to put ourmoney to work, and have invested allof the funds set aside for next

semester's tuition in this finestock .... And he wonders why I liehere flicking my tail back and forthwith this sly look on my face .. . "

Prof. Power's favorite is in theform of this note from home:

This is to inform you that my son,Howard, will not be able to attendyour Corporations class for severaldays. Immediately after he readyesterday's edition of the WallStreet Journal his eyes glazed, hemuttered something about theprice to earnings ratio of his con-vertible debentures not beingsufficiently elastic, and he passedout. His condition was diagnosedas severe trauma of the anteriorultra vires brought on by an over-dose of capitalism. The doctor saidhe would be all right in a few daysif he rested at home and didn'tread anything by Milton Fried-man.

Very truly yours,Howard's Mother

Professor/Athlete Irish at faculty-law Review Baseball game

Athlete/lawyers Sur..veyed

Criticism of university athleticprograms is not new, and in somecases may be justified. This Univer-sity, however, feels that it has a bet-ter record. Professors FrankRemington and Jim Jones are out todemonstrate that record as it relatesto UW athletes who have graduatedfrom our Law School and gone on toproductive careers.

The process of gathering informa-tion began with a list of namesrecalled by faculty from the LawSchool and the Athletic Department.A note was sent to this small list ask-ing for information, particularily ad-ditional names. The list now hastwenty-nine names and continues togrow.

Professors Remington and Jonesbelieve that the success of theseathletellawyers demonstrates notonly the value of the athletic pro-gram at the University of Wisconsin,but also the value of some competi-tive experience in a legal career. Acommon theme in the responsesgathered so far indicates that thecollegiate athletic experience wasvaluable training for the adversaryclimate the lawyer exists in.

If you have been missed in the listbelow, or have a name to suggest,please contact Prof. Remington orProf. Jones.

BasketballGeorge AffeldtJames BiggsTed BleckwennDave GramsDave LeichtfussPaul MorrowClarence SherrodThomas WardDavid MillsRod Uphoff

FootballKen BowmanMike CwaynaMark HoskinsBob KennedyMel ReddickPat RichterWalter ColeSteve UnderwoodLarry ColesPat KinneyRobert DowningDave FronekAdolph Bieberstein

TrackRay Arrington

BaseballRuss Mueller

BoxingJim MackPeter StuparJohn Walsh

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