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Newspaper, The Woolsack (1963-1987) Law Student Publications

2-25-1982

Woolsack 1982 volume 22 number 15 Woolsack 1982 volume 22 number 15

University of San Diego School of Law Student Bar Association

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USO Searching for Up to 7 New Profs By Beth Kow•lke-B•ier

II started la t fall already. Month and month of hard work have gone into finding just the right candiates 10 fill several pro-fes orships opening up at U D next ear.

bout a dozen candidates, cho en from hundreds of resumes, visited the campus dur-ing the last three months. But a of last week, only one person had been offered a po ition.

It hough the number of availa-ble lots still is uncertain, as many as even new faces could be een around the law school next year. Two position were acated this

year by Prof . Wiiiiam Wang and Rex Per ch bacher. Next year another two positions wi ll opel) up when Prof. M arvin Krieger retires and Prof. Pau I Freeman returns to private practice.

A part-time pos ition also will be available when Prof. Lou Kerig limits his teaching to the spring semester .

Another two pro fessors may be hired to work in the graduate tax program, including a program director. And a distinguis hed professor may be hired to replace Prof. Ronald Mau fey, who died last eptember.

" We're looking for both estab-

fish d teachers and ent ering tea hers," Prof. Ed Ursin sa id, chairman of the school appoint-ments committee. ' 1We've had candidate come in from all over the country, and I think the school has been able to attract some high quality people."

The administation and facu lty recruit ed can didates through law school publi ca ti on adverti sin g, ca lls to pre tigous law schoo l deans and trips by faculty members to Chicago, Philadel-phia, New York, San Francisco and Los Angeles.

" We got a good response," Ursin said, pointing 10 a stack of

Vol. 22, lss. 15 University of San Diego Law Student Publication Feb. 25, 1982

Academic Probation, Petitioning Proposal Eliminates Committee

By J.L. Hall

The Academic Rules Commit-tee has completed its proposal for revamping the ament law school academic disqualification, read-mission, and probation rules. The thirteen page proposal, com-pleted Feb. 9, contains substantial alterations of the present rules, notably the complete elimina-tion of the farulty petitions com-minee. Originally formed to provide academically disquali-fied students with a forum 10 plead exceptional circumst ances, the petitions committee will be disbanded and not replaced by another mode of human review.

umbers , rep resenting min-imum acceptable grade point averages, would ultimately decide the fate of all students encountering academic trouble. The new proposal would also hike the minimum grade average necessary for first year students to avoid automatic dismissal from 68 to 69.

The entire farulty will disruss and possibly approve the prop-osal Frrday, Feb. 26. Having been originally presented 10 the faculty

First in a Series

Feb. 12, the proposal was tabled due primarily to the efforts of a farulty faction, led by Professor de Friend, who desired time to develop a process or review for students laboring under unique cirrumstances. According to stu-dent committee member Set h Madnick, the faction desired some type of " human safety valve" to insure /(equity."

Serving in his capacity as a first year SBA representative, Mad-nick presented the proposal to the student government on Wed., Feb. 17. A lengthy discus-sion ensued forusing primarily on the lack of human review pro-vided for by the proposal. During the debate, two ideas gained strong suppon; the SBA desired to make the Academic Rules Committee aware of student con-cern by drafting a resolution 10 be presented to the Committee through liaison Madnick. Secondly, and more specifically, it was believed that some type of appeal process should be retained in the rules, thus saving the purpose of the petitions com-mittee from the destruction of its mechanism. The discussion con-

MCL Attracts 9 By Michele Bouziane

Welsh, German, and Pak istani law sources are now at USO. But don't look for them on the library's shelves. They' re more likely to be found walking the rorridors of More Hall. They're students in USD's Masters in Comparative Law (MCL) program thos 1981-82 academic year. The nine MCL participants are from eight different countries.

school. European high schools, geared for pre-professiona l study, are equivalent to three years of American high school plus two years of community co l-lege study. Upon graduation from high school, European students are genera lly about 20 years ola.)

el uded with the unanim o us adoption of a reso luti on authored by represe ntatives Frank Ponticello and Bob Oak-land. The reso lution parallels the desires of the faculty faction, stat ing :

" Wherefore, In view of the fact that many

students manage to raise sub-standard grades during their second year in law school, and that

Students are hum an beings with real and unique problems, and that

Arbitrari ly drawn .numbers are not the solution to students' per-sonal problems,

Therefore, be it resolved that the SBA supports an arbitration process to evaluate the admiss ion of students wit h substandard grades after their first year to make a decision regarding such students' continued legal educa-tion at USO.''

Given the unanimous agree-ment oft he student government for the creation of a human "arbi-tration process" in the Academic Rules proposa l, the faculty faces a potential rift in student-faculty relations should the proposa l pass unamended.

The proposed new rules fol -low. Anyone desi rlh g 10 read the committee's explanation of these rules shou ld contact the commit-tee chairman, Professor Horton for a full text of the proposal. '

" The Proposed Rules Sections VI and VII of the cur-

rent Academic Rul es are repealed, and new Sect ion VI replaces them as follows:

A. Academic Disquillificalion and Pro!wion: Generill

1. Except as provided in Rule B (continued on page 4)

resum s. H e said fa cu lt y members personally talked with about 100 people on their re ruit-ment drives ea rly last fa ll .

In an effo rt to build th e national reputation of USO, some facu lty members, at least, have been emphasiz ing scholarship in the candidates. Publi cation of I gal materia ls exposes professors to 1he nationa l legal community , Ursin said. " Others know about people in part by what they have written" he said. " It 's the major way of recognizing someone."

Scholarship also reflects on a candidate's teaching ski lls by die-

tating w hat is emphasized in the classroom and what questions are asked of the students. The facu lty is searching for candidates who can challenge the students, yet make learning interesting and enjoyable, Ursin said.

" If students enjoy the chal-lenge and the professor, the new professors will be encouraged to stay and the enthusiasm of the students will encourage other quality professors to come to USO," Ursin sa id. "Stud en t altitudes go hand-in-hand wit h the quality of the faculty."

Departing Profs Share Reasons

Beth Kowalke-Baier

Prof. Marvin Krieger leaned back in his desk chair, absent-minded ly twiddling a rubber band.

" It 's time to call a halt ," tlie 61-year-old professor sa id, " in the interest of the institution, the stu-dents and myself. I'm going to step aside and perhaps let younger blood move in. Many brilliant people are out there and I know they can do a better job. "

Krieger is retiring from USO; spring 1982 is his last semester. He is one of three professors who will be stepping as ide after this year. Prof. Pau I Freeman is return-ing to private practice and Prof. Lou Kerig is assuming a part-time status. Contrary to rumors, they are the only professors making any moves next year.

When Krieger leaves, he will have ended an 11-year career at USO, teaching evidence, profes-sional responsibility and govern-ment contracts.

" I'll miss the people and associ-ations, but I won't miss the rou-tine," Krieger said. " I' ll be able to do what I want, when I want to."

His immediac e plans upon retirement are to simply spend several months relaxing. " I want to take a look at where I've been where I am and where I want t~

go," he said. " But I have no gran-diose plans at this time."

Kri eger came to USO in 1971 after retiring with 30 years from the Judge Advo ca te General Corps of the army.

Reflecting on his past yea rs here, Krieger said he enjoyed the give-and-take of teh classroom but he missed the satisfaction of practicing law.

" There's a satisfaction of a trial practi ce that a person just doesn't get in the classroom," he said. " I missed the feeling of working with a client, taking a case from the beginning into the court-room and walking out thinking you did good for that individual. And it's the feeling that you did it all yourself; there wa s no supervision.

" But that doesn't mean I didn' t enjoy teaching."

Upon retirement, Krieger said he will not j ust walk away from the law. He hopes to keep cur-rent with changes and to become active civically in the Jaw community.

Another familiar face missing next year will be that of Prof. Freeman, whose immediate plans are to return to private practice in San Diego.

After seven years at USO, Free-man said he was leaving for per-

(concinued on page 4)

USO Hosts Competition USO served as host to the West-

ern Regionals · of the Nation al Trial Competition held in San Diego at the downtown County Courthouse February 5-7. Sixteen teams from eight California law schools competed. The schools represented were Loyola, Santa C.lara, USO, Cal Western, Pepper-dine, U.C. Davis, Golden Gate and M cGeorge. The students were sent a problem ahead of time, and appeared in teams of two or three.

Local attorneys and judges served as judges of the competi -tion, many of whom were sur-prised as th e high leve l of advocacy displayed by the stu-

dents in the compet ition. U D e~ t ered two teams, coached by Rick Barron, an associate clinical professor. The members of the teams were Anne Davi and Russ Lockwood on one team, and Wil-liam Poe and Elizabeth Corpora on the other.

_After five grueling rounds, the winner of the competition was the Ca l Western team of Bob Gas-ton, Margaret Lafko and Joyia Zapantis. The runn er-up team was from Loyola. Both the finalist and the runner-up will go 10 Houston March 18, 19 and 20th to compete in the Final National round. Simon Harvey, 23, is the young-

est of the MCL program partici-pants. He is from Cardiff, Wales, and IS studying here on an Eliza-beth Tuckerman scho larsh ip which is available to Welsh uni'. versity students who wish to study

Harvey hasn't as yet, however, taken the bar exam in London. Even .bar. candidates planning lo practice in Wal es must take the exam in London. What 's more they must do one year's study in~ London law school (known as the Counol for Legal Education) to prepare for the bar exam.

m11~ ~oolsn.ch NON PROFIT ORG:

in the U.S. "After writing to 10 American

universities in the World Direc-tory of Universities, I decided on USD. I'd never been to the U.S. before," Harvey said in a recent Interview.

Harvey has a law degree from a Welsh university. (Ge nerally , Wester~ European students stan professional school immediately upon graduation from high

.After passing the bar, Harvey will do ~ yea.r of "pupilage", an ?Pprenticesh1p similar to clerking In the American legal system. The Welsh legal system Is the same as that. of England (which sc ms obvious nough unless you are ?ware that Scot land's legal system ~sng~~d)'.he sa me as that o f

.. someone with a legal problem ~n1tlally goes to see a "solicitor." If 11 appears th at the problem will

(co11t111u cl 011 pag 41

University of San Diego School of Law U.S. Postqe PAlb

S.n Dle90, CA Permit No. 365

Page 2 - <l:i11· ltl n .. 1e:ork - February 25, 1982

Gue t Editorial

Constitution Needs ERA By William Van Alstyne

Thi June will mark ei ther the pa ing o r an era orthe passage or an ERA. Without approval of three addi tional state legi latures, 50 ears or efforts that moved two-thirds or both houses in on-gress, and a decade or effort that won approval by 35 state , will end in failure. The world 's o ldest written extant Con titution, our own, wou ld still provide no fun-damenral commitment that " equality of rights under the law shall not be denied or abridged by the United States or by any tate on account o f sex. "

Prudent people already think th ey know th e .outcome-that among 15 stat es there will be no favorable majorities in the gen-era l assemblies or e en three stat es. !ready the 27th Amend-ment is treated as a game, the outcome of which we know. "They" (the women) have lost.

From within the Constitution where I live professionally, the view is quite different. It is a view of pending loss, of historic and const itutio nal opportunity about to be forfe ited. It is also a pro fes-sional ense of sheer amazement. I would have thought that the chance to cou nt oneself signifi-cantly, in adding a memorable and permanent improvement to the Constitution of the United States , would not lightl y be rejeaed by men and women whose other votes in tate assem-blies cannot possibly be compar-a b I e in sig n if i ca n ce. I t i s incredible to me that state assem-bly members, living from yea r to year through forgettable bills or appropriation, endless caucuses, and recurring campaigns do not see how one vote, on this issue, provides a greater claim to history

From the Readers Criminal Justice Center Alive

Dear Editor, In the Jan. 28 issue of The Woo/-

sack, reference was made in an article about USD's new Legal Center to the " defuna Criminal Justice Center. " In faa , the Crimi-nal Justice Center is cu rrently flourishing at USO.

Professor Francis Sullivan, cur-rently the Visiting Direaor, has done a fine job in helping the School formulat e a program for the Center. The Center received a major grant last fall to continue its program for another 18 months. It has just completed a highly suc-cessful series of conferences in San Diego, San Francisco and Los Angeles on the knotty question of the new diminished ca pacity law in California .

Also, quite recently, arrange-ments were made to have Duane Shinnick, an experi enced prosec-uto~ '". the Distria Attorney's Office in Sa n Diego, wo rk with the Center as a Visiting Fellow during thi.s semester. Thus, quite the opposite or being defuna the Center .ror Crimina l Justice is' just beg inning to revea l what its pro mise will be to the Law School and 10 the San Diego Community.

Sheldon Krantz Dean

than anything else they may do. Th e ind iffere n ce of sl at e

a sembly mem bers to make ratifi -cation 1heir most import ant busi-ness cannot be on grounds that the 27th Amendm n l is tr ivial, because it is not. It ca rries into words eminently suitable for a Con titution a propo sition neither con de cending nor at all objeaionab le. Rather, li ke the 13th Amendm ent (which forever int erred chatt el slavery) it speaks against the recurring and incor-rigible tendencies of government to be co ndescending, ignorantly denying equali ty of righ ts by gender.

The o bjection that the wordi ng of th e Equal Rights Amendment wou ld be an iron bed of Pros-rustes, re len tl essly indifferent to

any gender- related distinaions at all (the example is often given or m andatory unisex dressi ng rooms o r bathrooms in all governmenta lly-operated faci li -ties) is quite mistaken. Wh ere considerations or hygiene, safety, and privacy are invo lved, " eq ual-it y or rights under the law" (which is exaa ly and on ly what the amendment provides) is plainly not offended by separate facilities equal in usefuln ess and the separateness or which stig-matizes no o ne.

On the o ther hand, I have heard it said that the 27th Amend-ment is not needed because the Constitutio n already adequately speaks to this subjed. But this, too, is ser iously in error. The equal proteaion clause (of t he 14th Amendment) has embar-rassed the Supreme Court by its very poor adaptabi lity to gender-b as e d di sc rimination b y government.

Part ly this is so because such forms o r unequal treatment by

Dear Editor, My faith in humans, specifically

law students, has been restored . My three ri ng binder on JU RY VOIR DIRE has been returned fo llowing the published Wool-sack notice several weeks ago. Thank you.

In that notice I stated that I am always w illing to share my mate-rials. To that end, here is a sum-mary of the m ajority of my indexed cr iminal law materials which any student (or facu lty member) may copy:

JURY VOI R DIRE : Trial bri efs, t heo ry, psychologica l profiles, sam ple voir dire quest ions from past trials and Charles Garry on iury seleaion, indexed by sub-

PAD Plans Announced

government pl ayed virtuall y no ro le w hatever in its Reconstruc-tio n passage in 1668. Partly it is because the sole referen ce to sex in the 14th Amendm nt itse lf ex plicitly allowed women alto-gether to be denied any right 10 vote (an "a commodation" pro-vided by the 14th Amendment that it required the separate 19th Amendment, ratifi ed in 1920, to over come) . And part ly it is because th e cou rt fu ll y under-sta nds that gender-based laws cannot be ana lyzed in perfea an alogy 10 rac e- based l aws (which are the focus or the 14th Am endment) , and that the com-parison is o ft en very faulty.

This difference is recognized in th e different language or the Equal Rights Amendm ent itself. Thus, it provides for "eq uality of r ights under the law," and admits to common sense distinctions relevant to genderthat would not be relevant to race.

Th e faa is that the Constitution is a poorer document without this amendment, just as it was once even weaker in having no 14th Amendment and, in the beginning, no Bill or Rights at all.

The amendment shou ld be r ead again , read pr i vate l y, thought about quietly. It should be compared with the balance of our Co nstitution, its conformity in sty le and spirit examined fairl y and w ith detachment. If that is do ne, then by June it is sti ll possi-bl e for us to mark the passage or the 27th Amendment, and not simply th e pass in g or an era.

William Van A lstyne, Perkins Professor of Constitutional Law at Duke Universit y, is current ly a vis-iting professor of law at the Uni-versity of Ca lifornia, Berkeley.

jea, law, etc. CLOSING ARGUMENT: Trial

briefs and t ranscripts of closing arguments by renowned lawyers and myself. Also, special jury instructions on selected issues.

PSYCHIATRIC DEFENSES: Trial bri efs, memos and examination quest io ns for experts re : incom-petence to stand trial, insanity, diminished ca pac it y and sex o ffenders.

PRE-TRIAL MOTIONS: Over 1500 motions and responses on a myriad or topics and issues in criminal law, all cross- indexed.

Again, thanks for the return of my workprodua. I'm happy to share it.

Rick T. Barron Clinical Professor

Phi Alpha Delta Law Fraternity is looking forw ard to a bu sy semester Career Night has been planened for Tues., Maret. 2. A number oi

atto rn eys. hav~ al ready accepted invitations to speak at this forum. Career Ni.ght IS a service o f P.A.D. design ed to in troduce law students to th e ~anous paths they ca n take aft er graduati o n (e.g. Labor Law, so le pract1t1oner, Publi c Defender, etc.)

March 29 th rough April 3 has been designated as Ru sh Week. The P.A.D . . orr1ce wi ll be open during thi s week for information o n th e frat ernity . Brochures and app li ca ti o ns wi ll be .availabl e.

Sk it N ight has been scheduled fo r Fri ., April 2. St art planning your skit s .now, and ":'atch for sig?s giving locati o n and time for try-out s. · Th lS semester s initiation IS tentati vely scheduled for April 3. As

usu.al, a part y fo r th e ~ew initi ates will follo w th e ce remony. Fi~a ll y, elections will be held on April 17. There w ill be a party

salu ting the efforts o f the graduating o ffi cers aft er th e elections.

EDl!OR-IN-CHIEF - Janice M . Bellucci BuS1n ess .Manager - Joyce Nagata News Editor _ John L. Hall Sports - Dan Ford

Layout & Design Editor - Maureen McNalr Arts Editor - Frank Zoller, Jr. Photographer - Nancy Goldstein Commentary Editor - Beth Kowalke.Baler Administrative Assistant - Ed Lehman

Faculty Advisor - Edmund Ursin

The views expressed herein ue h f contributors •nd do not

111 ose 0 the Editorial Board or of Its by-lined reporters •nd

unless other;.lse speclfic~~cestutr dy reflect those of the student body, f•culty, or •dmlnlstratlon Y s • e , excluding staff.

Published by the students of the UNIVERSITY OF SAN DIEGO SCHOOL OF LAW

Telephone 291-6480, Ext. 4343

Briefly Speaking Disarmam ent M eetin g Slated

Professor Simmons announces a m ee tin g o n Fri ., Feb. 26of Student's for Nuclear Disarmament. The meeti.ng will be held in room 2C begin-r\ing at 4:30 p .m. All students interes ted in discuss ing ways and means are invited to att end.

Cent er Needs Students ATIENTION : FIRST AND SECOND YEAR STUDENTS

On March 2, from 4:30-5 p.m. th e Center for Public Interest Lawwill ho ld an informational m eeting fo r all first-and second-year students th at are interested in becom ing mo nitors in t he Ca li fornia Administra -tive Law Program. The meeting w ill be held in room 3A and there will be free copies of th e just-re leased issue of the Califo rnia Regulatory Law Reporter avai lab le.

Th e Center is· interested in writing and oral ad vo cacy sk ills in the new intern s. Students are urged to begin monito rin g this summer particulary if th ey are interested in m onitorin g a cert ain agency. A sign up sheet is ava ilable in th e Center office in room 311 as well as a preference li st. The pre ference li st is for those that wi>h priority as to th e' agencies that th ey want to mo nito r.

The Center sends interns all ove r Ca lifornia 10 m o nitor, testify, and meet with their assigned Boards and Agencies. Students w ho partici-pate also write for the Reporte r, whi ch is put out quart erl y. California Admin istrative Law and Practice is a required two-c redit course for all interns in the Fall . Al so Administrative Law and Regu lated Industries are highly recomme nded in the Fall and Consumer Law is recom-mend ed in th e Spr ing.

Sports Trivia -Tested A lumnus Steve Halsey and Lou Keri g have announced th at they will

be sponsoring USO Law School's 3rd Annual Spo rt s Tri via Co ntest. The event w ill be held at 7:00 p.m ., 21Feb.1982 at the clubho use, Racquet Club, 2626 Torrey Pines Rd ., La Jolla. Event is open to all tru e sports tri via buffs . You may parti cipate singly o r as a member o f a two -person team. Tri via qu est ions, prepared by Steve and Lou, are limi ted to three sports-footb all, baseball and basketball, 1960 to present. Th ere will be three preliminary round s, fifteen questions each, with to p four finishers advancing 10 final rounds. A $5 per head entrance fee w ill be used to defray cost o r free beer, snacks and prizes to winners.

Last yea r 's winners were alumni Mark Speck, Dave Rosenberg and Vic Sahn-a three person team now o utlawed. In attendance last year were student s, alumni and sports buffs from San Di ego legal commun-ity. A good time wa s had by all. What kind of questions do they askl Here are sa mples (answers below):

1. Who is Creighton's basketball coa ch ? ANSWERS: 2. Who dropped a pass in end zone costing 1. Willis Read

Dallas Cowboys win in 1979 Super Bowl? 2. Jackie Smith 3. Ri ck Cerone played co llege baseball at. .. . . ? 3. Seton Hall

GRADUATE LAW PROGRAMS

Full- Time or Part-Tim e Programs

MASTER OF LAWS TAXATION

A D

BUSINESS AND TAXATION

Full -Time Program

MASTER OF LAWS TRANSNATIONAL

PRACTICE Sa lzburg, uscria and Sacramenco Campuse

APPLY TO REG! TRAR

McGEORGE SCHOOL OF LAW UNIVERSITY OF THE PACIFIC

~ . ";. 3200 FIFTH AVENUE -4illl"ee·.A SACRAMENTO, CA 95817

PHONE (916) 739-71 06

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BAR ,, ·\(; ' ,A;I~)~ fA=~~~r;e1f11 :::R~~ ii~'~;" ·1 f ·\J f 8-IR Of ·\ UfOR 'IA

February 25, 1982 - <!:11• llloule11ck - Page J

11 Vie for SBA Officer Positions

ALLAN S. FIELD SBA President Candidate

There should be more colorful and stimulatng elective cour es offered. Student deserve more opportunities to explore poten-tial areas of career pecialization.

The placement office i an essential link between our legal education and ubsequent employment. An BA committee should beformed toe plorepo -sible avenues for impro ement.

Personnel shortages, theft and inadequate facilities have trans-formed the libraq into an unplea ant stud) environment. Resolution of this problem is essential.

The legal dime represent an im aluable opportuntl) to learn essential tools of our trade. Cur-rent Federal budget cut s put much of the cli nic in jeopardy. A. hernat1ve fi nan ci ng must be found.

School -sp o ns o red social e\ ents are no joke. Law school is nm a grind, bu t a unique expe-rience. \i\ e are representatives o f a social profess ion . Peer interac-tion 11 on a par with the intellec-tual aspects of our work and should be so treated in relative 1mporlance

BRIA GERSH SBA President Candidate

It is time to quit complaining and st art attacking the multitudes of problems confronting our legal education. We should not be forced to wade through a deluge of d11organized systems and procedures to obtain our legal degrees. Several changes must be made to dispose of those burdens which detract from our desire and ability to learn.

I have had the unfortunate dis-pleasure of encountering prob-lems. wnh the library, parking, posting of grades, teacher evalua-tlons, and job placement. I intend to organize student-professor committees to analyze and even-tually ameliorate these flaws.

As a prospective second year student, I will be forced to stand by .m.y proposals and live with the1r impact during my third and ~nal yea'.. I, unlike other candi-. ates, will not be permitted to implement new policies and d~part from the university before 1 ey take effect. The time is now--..ote the Allian ce for a Bet-ter Legal Educalion I

JOHN A. HUNT SBA President Candidate

U D's B was created to erve the need of all tuden ts.

Each dollar the SB receives hould be maximized to serve as

many tudents as po ible. The B should work with, and chal-

lenge if nee ssary , the admini -tration to insure tho e needs are met .

Current needs, a voiced by tudent , are :

• Placement Office open . one night a week ; • Correctable typewriters in the library; • Additional opy machines in the library; • Parking sti cker de ignated " Law School Only."

The e need are not new and would be fulfilled had the SBA been an effective voice in the past . I believe I have the expe-rience . qualifications ~ and enthusia m to see they are served. This mean I need your support now and after the elec-tion. I do promise thi , if elected the SBA will no longer be quiet as a mouse.

Above all , please vote. The administration loves tudent apathy ; it makes tuition increases and disregard for our needs easier .

CRAIG TAKENAKA SBA President Candidate

Hello. My name is Craig Taken-aka and I am seeking the office of the SBA President. The SBA Presi-dent shou ld be knowledgeable abo•Jt the unique problems that are inherent in the position. I have re ceived an invaluable amo.unt of experience through serving you as: (1) SBA Evening Vice President, (2) chairman of past SBA meetings, (3) admissions committee, (4) advisor to first year stu dents, (5) interviewed faculty candidates, and (6) Cali-fornia Young Lawyers Association representative.

My primary concern is to create a positive and pleasant atmosphere at the law school, to perpetuate alumni contributions This wou ld subsequently lead towards stabilizing our tuition. My additional goals are: (1) stu-?ent input into faculty schedul-ing, (2) SBA cooperation with the career placement office to dis-seminate information and create new programs, (3) information guide for first-year students, and (4) a tape checkout in the library. Please consider me for SBA Presi-dent. Thank you.

HANK WIRTA SBA President C•ndid•te

In my view, our law school has come to the proverbial crossroad.

In the past 18year wehaveestab-li h d an impressive history whi h a of today has yielded a re pected fa ulty, aggressive administration , innovating stu -dent programs and over 3,000 alumni memb rs.

We must realize. however, that almost every law school can list thes credentials; con equently, today we are faced with a choice. Do we res t on th e credentials, a do most of our 'law school counterparts, or do we accept the challenge to motivate not only the facu lty and administration, but, much more importantly our-selves and alumni members, to enable our law school to improve its place in the national lega l community?

I believe that everyone wou ld wish for the latt er. With your vote and then your help I intend to be the catalyst who wi ll begin to make that wish a reality.

SETH MADNICK SBA Day Vice-President Candidate

The students of USO pay $5,000+ per year fo r tuiti on and deserve active student represen-tation. Since last August I have been actively participating o n the SBA board as the first year representative for Section C. All year my work has focused on various student issues and I am currently promoting the ongo-ing petition drive to improve the law library faci liti es . Additiona ll y I am a student representative to the Academic Rules co mmittee and an intramura l softba ll player.

My immediate goals include creat ion of student-faculty in ter-action with the use of panel dis-cuss ions and information meetings on a variety of issues. W o rking with the l ibrary's budget limitations and th e library direelor, my goal is to make the law library more effi-cient for student use. I be lieve that working with the Alliance for a Belter Legal Education , my goals wi ll become a rea lity.

PETER SCHNEIDER SBA Day Vice-President Candidate

I'm Peter Schneider, a first -year day student, running for the office of SBA Day Vice President.

I feel that there should be more interaction between the BA, the Law S hoof Administration, and the USO Administ ration on cer-tain Issues, I.e. the parking si tua-tion, which requires a joint effort. There is no reason why th park-ing lot betwe n Mor Hall and the Law Library shou ld not be res rved for law students. This is a proj ct that t wou ld vigorously pursue.

In addition, there must be an immediate remedy to the lnade-quat si tuation in the library. This must be pursued in the summer

also, so as to create an adequate situation for the fa ll .

Finally, a new policy on tuition must be advo ated by the stu-d en t s. Whil e reasonable increases must be expected, the increases should never approa h th e 13.4% increase we have experienced.

In closing, I urge you to elect Pet r chneider as your 82-83 Day Vi ce President.

PAUL F. UHLIR SBA Day Vice-President

The primary issue, as always is the budget. In the past , the SBA has held closed and open meet-ings in an attempt to "fairly" and " rationall y" divvy up the till. It has not worked. Last fall ' s budgetary fia sco, whic h invol ved lawsuits, cha ra cte r assassinations and more bad vibes than a bus load of Khomei-nis, is on ly the most recent example. I therefore propose the following:

At registration time next yea r, st udents wi ll receive a li st of all currentl y funded groups and act iv iti es. Each stude nt will simp ly allocate the SBA fee according to his or her preferell"-ce(s) . YOU will decide how YOUR money should be spent. Any money left unassigned as a result o f non-part icipation in the process will be disbursed after a hearing by the SBA.

I wi ll be discussing ot her issues at the ca mpaign kegger next Wedn esday. •

Affiliations: PDP/ social direc-tor, DQSA/ tutorial com mittee Internationa l Law S.:iciety. '

MICHAEL BECK SBA Secretary Candidate

I am a first year law student with a Bachelor of Arts from U.C. Davis. I int ern ed in both Washington D.C. and the tat capitol acquiring knowledge in the admini tration 's politl s. Along wit h this knowledge and '."Y incentive for a more organ-ized and better main tained law school, I found a need to become involved In an ex utive offi e.

Th e retaria l posit ion offers me a chance to ut ilize my abilities th rough newsletters and policy statement . By enhan ing the communi ation betw en the stu-dents and th ir representatives, pract ica l solutions to existing problems wi ll result in n ce ary chang .

Along with the other member of the Alliance for a Better L gal Edu arion, Brian Gersh, cth M adnick, and Leonard Brenner 1 feel the developmen t o f commi

0

t-tecs to analyze and reso lve I sues con. ~rn i ng our library, learning facll 111 and national reputation is cru Jal to nhan ing o u r s hoof's education, Image and

nvironmen1.

TERI LABASTIDA SBA Secretary Candidate

I am running for th " offi ce because I believe there is a need for an effi cient and better stu -dent government. Generall y, law students are unaware o f what the SBA does for the stu -dent body. I see the position of secretary as fulfilling thi s need . As SBA Secretary, I would work to disseminate informatio n to the studen ts by posting the min-ut es of the latest meeting and by working closely with the Hearsay and Woo/sack staffs. This gener-ally hasn't been done in the past.

Since I have been at USO, I have been involved with the Cent er for Public Interest Law , International Law Society and held the position of secretary for the Asian-American Law Stu-dents Association. I have made an effort to familiarize myself w ith studen t body activities ; I feel that I have the background and experience to be your SBA Secretary.

Pl ease vote next week!

LEONARD BRENNER SBA Treasurer Candidate

. I am a twenty-four year old first year student from Chicago, lll1 no1s . Before attending law school, I graduated from orth-ern Illinois Unive rsity with degrees in account in g and finance. Until coming to USO, I worked for a Chicago public accounting firm and passed the CPA exam in 1980.

I intend to app ly the benefit of my work e perience to the po i-t ion of BA Treasurer. I would like to generat e more student input into finan cia l deci ions and to periodically publi h BA fin ancia l information in The Woo/sack.

A a voting member of the BA Board, the Treasurer ha more than financial re ponsibility . Along with the other members of the A/lian e for a Beerer Legal Education , I intend to help investigate and o lve the prob-l ~ms of student -teacher rela-11 on , t ea her eva luation library facili t ies, and other area; that cu rren tly detract from eve-ryon ' objective of the be t pos ibl e edu ation.

SBA Election

March 2 & 3

Runoff March 10 & 11

P•ge 4 - ([Ip· m.,.,1011rk - February 25, 1982

Funston Atypical Law Student By J•nice M . Bellucci

Ri k Fun ton i not our typi al law tud nt. Belor entering law chool al u D in Augu I 1979 he

had already writ1en three books on the u. . upreme Court . He had also lectured for nine years on almo ta dail ba is on the ub-ject of constitutional law, crimi -nal procedure, and the legal proces as a profossor at an Diego Stale Univer 1ty.

wh did a person like Fun-ton enroll in law school I

" Init ially m deci ion 10 go to law chool was oul of ego," the 38-year-old said. " I was tired of sending undergrad oll to gel law degrees when I knew I wa brigh-ter than most of them."

Fun ton' decision to anend law chool ha since led 10 an even greater deci ion-a chan.ge in careers. He plan to practice law as an associate at ehzer. Caplan, \ ilkin , and Mc.Mahon in San Diego alter pa sing the California bar exam.

As an atypical law student, Fun-ton has had some atypi cal prob-

lems adjusting 10 law chool life. "The real trouble I had first

year wa adjusting to the role of a tudent. I was u ed lo being in

charge of a class," he sa id. That problem diminished for Funston. however, in the smaller seminar-t} pe classes in his econd and third years.

A problem which began for Funston in his first two years as a

par1 -1ime night stud nl and whi h intensified I his year wh n he became a full-time day 1u-den1 was the lack of t ime he had for his family, wile Jan and child-ren askia and York. They were used to 1he more flexible and les demanding chedu le of a college Professor.

" It 's been a real sacrifice on everyone's part. Thank goodness it's nearly over," the May 1982 graduate sa id.

Funston recognizes that he has made law chool more diffi cu lt for himself than was necessary. He said hi competitive spirit drove him to participate in last year's Donald Wright Moot Court competition (in which he placed second overall and was awarded best brief) and to his current position as an editor of the law review.

That same competitive spirit, he said, was responsible for his admi nistrative promotions to special as istant for faculty rela-tion to ihe Vice President for Academic Affairs in 1979 and 10 act ing dean o f Faculty Allairs last year.

" I must be a masochist," he said.

From his unique position, Fun-ston has developed some inter-est ing perspectives o f USD.

" There is a high percentage of USD's professors who are nol particularly interested in teach-ing, but are more interested in other areas such as research," he

Prof. Freeman to Leave . ..

said. " That 's true al an Diego State as well though to a I ser extent .''

About law relvew and its m 'mb rs, Funston remarked~ " I think 1hc b II f 1ha1 law review members perceive themselves as above all others is not a curate. I think that belief is mo t common among those who had high expectations of themselves upon enterin g law school, but who didn't meet them."

Though Funston has his short -term future well planned, he is not at all certain of his long-term future.

" I may find I lik e the practice of law and continu e it the rest of my life. But ii I don 't, I feel I can always return to academia," he said. " Or then again if I rea lly gel tired o f it all, I cou ld pack up my famil y up on a boat and take off for the high seas."

Foreign Students ... (continued from page 1) r suit in litigation, the soli ci tor informs the client , and, with the client 's permiss ion, hir es out a " barrister" , who prepares all pleadings and makes all court appearances.

Barristers are unapproachable by the client and by tradition do not advertise. Both barristers and so licitors may specialize. To be a so licitor requires a two year apprenticeship called " articles" which the ca ndidate does alter taking an exam simil ar to the bar exam.

Khalil Ahmad is from Pakistan and is studying in the MCL pro-gram on a United Nations fellow-ship. His Eng lish is very good because almost all higher educa-tion and all profess ional educa-tion in Pakistan is taught in Eng lish. The ollicial language of Pakistan is Urdu, which dates back about 500 yea rs. Ahmad is from northweste rn Pakista n where the 3, 000 year old lan-guage, Pushto, is spoken. Forty percent of the population in Afghanistan also speaks Pushto.

Ahmad got a law degree to help him in his employment. He has been a customs offi cer in the Port city of Karachi !pop. 6 mil-lion), located in southwestern Pakistan, since 1975. He sta rted out in tariffs and imports and is now in charge of nar cot ics enforcement. Since 1977, he has been supervising investigations and criminal prosecutions of smugglers. Ahmad had oversight of the general customs adminis-tration as well, and was responsi-ble for about 2,000 employees.

Pakistan , Ahmad said in a

recent in1erview, has a unique mixture of martial, common and Islamic law. " When there Is too mu ch law ther e is no law," Ahmad said.

There are two court systems in Pakistan : the military courts and the civil courts.

" M artial law is entirely discre-tionary and no military decision can be challenged in Pak istan's Supreme Court ," Ahmad said.

Pakista n's municipal courts are presided over by magistrates who are appointed after taking a civil se rvice exam. An appeal may then be taken to a District and Sessio ns co urt , whose magistrates are also part of the executive branch. At vari ous levels, execu-tive officers are also magistrates so that execu tive posers may be enforced in an emergency.

All decisions of lower level mil-itary courts are sent to the Martia l Law Administrator province !Pak -istan is divided into four provices) for approva l. When approved, it is law for the entire province and thus the military courts usually render consis tent decisions.

About 1 V2 years ago, an Islamic court was set up to determine which law should be decided by the canons of Islam. The court is going over the Pakistani codes and is also making decisions on a case-by-case basis. For instance, divorce and the distribution of property upon death are decided by Islamic law. Crimes of moral turpitude are also tried in Islamic court.

Ahmad recently took the bar exam in Pakistan and passed it. He says it is known to be an easy exa m. (conr inued from page 1)

sonal reasons. "I ' m looking forward 10 going back into pri-vate practice," he said. " It's just time for me to leave teaching."

ever, he stressed that he had no plari.s or desire to engage in pri-vate pradice.

" I'm not ready lo cut com-pletely the ties, the feelings, the experien ces and the people involved in studying law for a purpose, that purpose being to teach better next year than this year," he said. "The classroom and the people in it remain a strong attraction. "

Proposal Changes Petitioning (continued from page 1)

Freeman taught remedies) cor-porations and securit ies regula-tions since starting here as a part-time professor in 1974 and becoming full-time the followi ng year.

He currently is of counsel to the San Diego law firm of Fresh-man , Mulvaney, Marantz, Comsky, Forst , Kahan & Deutsch, and said he expeas to continue that relationship after he leaves teaching.

Freeman expeas to teach a class this summer before he leaves. He also plans to maintain his editorship of the CEB Califor-nia Business Law Reporter.

Although not leaving entirely, Prof. Lou Kerig will limit his teaching to the spring semesters only beginning next year. He is one of the first professors to take advantage of the university's phase retirement program , which was approved by the board of trustees last year. Kerig, 57, said he requested the partial retire-ment for personal reasons. How-

For the last three years, Kerig has been tea ching Criminal Procedure I, and he hopes to con-tinue with that assignment next spring.

Even though he won't be teaching in the fall , Kerig said he won't drop his involvement in other school activities. Kerig has been active in the intramural sports program, cha ir of the faculty-student relations commit-tee and faculty advisor of the Moot Court editorial board.

He said he is looking forward to having his fall semesters free.

" I like the idea of not having a calendar or watch dictating what I do," he said. " I'm looking for-ward to that freedom. I plan to do whatever I want to do."

Law Students You're Invited to

-PAK1Y HARDYll t\<ery Thursday Night

(U.S.D. Specials)

Pitcher of Beer Rum 'n Coke

at

$l7~

75¢

O'Connell's Sports Lounge

1310 Morena Blwl. (at Sea World Dr.)

Ping Pong - Pool - Darts - l'lnball - fJcclronlc Clames

below, during any semester after the second semester of the first yea r, a student is on academic probation who has a cu mulative average of less than 70.00.

2. A student on academic pro-bation has one semester (or, if the student's cumulative average falls below 70.00 at the conclusion of a spring semester, the following summer sess ion and fa ll semes-ter) to bring his or her cumu lative average to or above 70.00. If the student fails to bring his or her cumu lative average to or above 70.00 by the conclusion of the next semester after beginn ing probationary stat us, the student is academically disqualified.

3. A student on probation who comp let es the probationary semester with a cumulative aver-age of less than 70.00 may non-theless remain for an additional probationary semester if, an d on ly if : (1) the studen t has enrolled in a sect ion of a required year- long course in which no final grade is determined at the end of the fa ll probationary semester; and (2) the student 's cumulative average at the end of the fall probationary semester would have been at least 70.00 if the student had attained in the ungraded course a grade equa l to the average achieved in graded courses during the fall probation-ary semester.

4. After fi ve years of academic disqualification, a studen t may, upon application, be cons idered for admission de novo to the law school's en tering class under the terms th e n prevailing for admission.

B. Academic Disqu•llficalion al End of First Yeor

1. A student is a ademl ally dis-qualified who comp! tes his or her first yea r wit h a cumulative av rage below 69. SO. However, a studen t who com pl et s his or her first year with a cumu lative aver-ag of 69.00-69.49, and who is not disquali fied from admission for non ademi reasons, is enti tl d to readmission de 11ovo In the first-year class entering the law school In th fall semester after the stude nt has not been enroll d as a USD law stud n1 for

a full academic year. 2 Notwithstanding Rule B.1, a

student at the completion of the first year who received grades of 70.00 or above in all courses (including courses taken in the entering summer session) except one course in one or both semes-ters is not academically disquali-fied if the student's cumulative average is less than 69.50.

3. Notwithstanding Rule B.1, a student is not academically dis-qualified at the end of the first yea r who: (1) is a full time student in the first year, his or her first year spring semester average, if equaled over an additional 1S credits, would result in a cumula-tive average at or above 70.00; or (2) if a part time student in the first year, his or her first year spring semester average, if equaled over an additional 10 credits, would result in a cumulative average at or above 70.00.

C. Conditions of Academic Probation. A student on aca-

demic probation 1. Is disqualified from partici-

pating as an officer in any campus organization.

2. Should minimize time devoted to outside adivities.

3. Should seek counseling by the administration with respect to course selection, employment and activities.

D. Effective March 1982, the Petitions Committee functions and procedures regarding stu-dent probation and readmission are abolished. othing in this sec-tion adversely affects students who have specific commitments from, or agreements with, the law school made prior to Mardh 1982 with respect to their probation or readmission. However, first year students in the 1981-62 academic year whose cumulative average is 69. 00 or above at the end of the 1981-82 academic year shall be permitted to continue on proba-tion through the Fall 1982 semester."

APPLICATIONS NOW AVAILABLE

FOR

RESIDENT ASSISTANT POSITIONS

at th Hou ing Offi t floor, Mi n Cros road 1l/Jp/irntio11s miailab!t• 2 I ' lL A /Jpl irntio 11 d('(ld/i11<' 1 12 < 2