Alumni Bulletin of the University of Wisconsin Law School Volume XII No.3 Spring 1981

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:J~e qargo,1elow SchoolUniversity of WisconsinMadison, Wisconsin 53706

Second Class Postage Paid atWaterloo, Wis. 53594

EDITORS NOTEEureka! I have found the

"universal picture." The mysteryphoto on the last Gargoyle hasbeen positively identified by arecord number of readers. Unfor-tunately this outpouring ofresponse has created. a few prob-lems. The scenewas identified astaking place in two differentclassrooms with four differentprofessors teaching six. differentcourses in ten different years.Many of the respondents were socertain that they were in the pic-ture that they have requestedcopies of the photo. Miraculouslystudents from 1947 appear to bein the same class with studentsfrom 1960!Perhaps we had betterrecheck graduation records to seeif a few grads may have violatedthe rule requiring completion ofstudies within five years of start-ing. One person narrowed hisselection of the professor to twoand then made his choicebased onthe professor's socks.

From greater confusion hascome defination. With an assistfrom another Law School staffmember I went to the graduationpictures posted in the building.Picking a distinguishable face Ifelt that it would be easy to iden-tify at least one person and thusdefine the year involved. Much tomy surprise I discovered thateither the Law School has a.sinister admissions policy thatfavors look-alike applicants, or,that like people and their pets, lawstudents grow to resemble eachother after three years of closecompanionship. One wag sug-gested that perhaps we all begin toresemble the gargoyle itself,rather than looking like eachother.

In some desperation I turned tothe old class rosters. Since eachrespondent had identified severalclassmates in the picture, itshould be easy, I reasoned, to findthe one class roster that containedall the right people and thus elimi-nate all alternatives. Again I wasdisappointed. The respondentswere generally correct in theirmemory that they were in such-and-such a class, but often theirclassmates were not. Was thisclass so popular that students notenrolled attended?

The ultimate facts are few: Weare certain that the professor pic-tured was Howard Hall. Prof. Halltaught a variety of subjects duringhis years here, including corpora-tions, municipal corporations andcreditors rights. Most peopleplaced the date in either 1952-54or 1959-60.

The process was fun butfrustrating because I could notmake a positive identification. Ihave, however, learned some-thing: Be very careful about usinglarge group pictures, as it seems toincrease the confusion. While Itend to forget these self-definedrules, for this issue you will see apicture taken in the new librarywing with only five persons whomight be identified. The locationmakes the date post-1963, andprior to the 1978 remodeling. Doyou recognize any of these stu-dents?

This issue introduces three stu-dent-writers. Their names will ap-pear on the stories they have writ-ten in a deliberate effort to spreadthe blame. Seriously, I am happyto have them and hope you willfind their efforts entertaining andinformative.

TABLE Of CONTENTSDistinguished Service Awards 3The Lawyer-Athlete 4Robert McCoy,Class of 1891 . 4The Legal Writing Program .. 6Faculty and Alumni Notes 10George E. Cleary Dies 10New Faces on the Faculty 10On the Lighter Side 11

THE GARGOYLEBulletin of the University of WisconsinLaw School, published quarterly.

Vol. 12 No.3 Spring 1981Edward J. Reisner, editor

Publication office, Law School, Univer-sity of Wisconsin, Madison, Wis.Second class postage paid at Madison,Wis. and Waterloo, Wis.

Postmaster's Note: Please send form3579 to "Gargoyle", University of Wis-consin law School, Madison, Wis-consin.

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

COVER PHOTO: St. Patrick's day has come and past this year withhardly a notice here in Madison. Spring recess was underway, the statehigh schoolbasketball tournament was still two days away, and certainlythere was no parade on State St. The parade was a mainstay in yearspast, and highlighted the rivalry between the Law Schooland the Schoolof Engineering. The 1920parade saw this float portraying the differencebetween lawyers and engineers.

1981DISTINGUISHED

SERVICE AWARDS

At the annual business meetingof the Wisconsin Law Alumni As-sociation, Thomas E. Fairchild('37) and Gordon Sinykin ('33)were presented with this year'sDistinguished Service Awards.The Awards are made annually toindividuals who have made " ...an outstanding contribution to theprofession ... " While the require-ment speaks of a singular con-tribution, the directors of the As-sociation noted that each of theserecipients had made his entirecareer a contribution to the ad-vancement of the legal profession.

A native of Milwaukee, ThomasE. Fairchild today sits as the ChiefJudge of the 7th Circuit Court ofAppeals. Coming to this LawSchool after studying at Princetonand Cornell, he was admitted topractice in 1938. After practicingin Portage, and with the O.P.A. inChicago, he returned to Mil-waukee to practice. From 1948-51he served as Wisconsin's AttorneyGeneral, from 1951-52 as U.S. At-torney for the Western District ofWisconsin, and from 1957-66 as ajustice of the Wisconsin SupremeCourt. In 1966 he was picked byPresident Lyndon Johnson to jointhe U. S. Court of Appeals.

Judge Thomas E. Fairchild

Gordon Sinykin was born inMadison and received both his un-dergraduate and law degrees fromthe University of Wisconsin. InLaw School,Mr. Sinykin served aseditor-in-chief of the Law Reviewand was elected to the order ofCoif.After practicing here for twoyears he became an executivecounsel to Governor PhilipLaFollette. He returned to prac-tice in 1938,but left to serve in theU. S. Navy during World War n.While on duty he witnessed theJapanese surrender aboard theUSS Missouri. In addition to prac-ticing law, Mr. Sinykin has foundtime to serve a variety of com-munity organizations, assist inlaw revision projects with thestate and with bar associations, aswell as lecture at the Law School.For seven years he served aspresident of the Wisconsin BarFoundation.

It is with deep respect and ap-preciation that the Associationhonors these two distinguishedalumni. Their achievements ex-emplify the expectations of thisSchool and our hopes for everygraduate.

Gordon Sinykin

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The image of the student-athlete has taken a serious beat-ing lately. Newspapers, magazinesand broadcast coverage of collegi-ate sports are filled with reports ofcontroversies involving theacademic eligibility of athletes inmajor sports. Last fall the Big Tenconference was involved in a dis-pute over the academic eligibilityof a quarterback on the Univer-sity of Illinois football team. CBSbroadcast a report questioningwhether there was any serious at-tempt to educate student-athletes.

No, it has not been the best timefor college athletics, and somewould suggest that the days of thestudent-athlete are indeed goneforever. But is that the case atWisconsin? Can students hereparticipate in athletics and stillmaintain the grades and desire to

ROBERT BRUCEMcCOY

CLASS OF 1891One of the University of

Wisconsin law school's first stu-dent-athletes was Robert BruceMcCoy.As a student at the schoolfrom 1888to 1891,McCoyexcelledas a varsity baseball player. Aftergraduation he had a distinguishedcareer as a military leader, judge,mayor, and gubernatorial candi-date.

McCoywas born on September5, 1867 in Kenosha. As a child hemoved with his family to Sparta,where he lived most of his life.Before entering the University ofWisconsin in 1887, McCoyworkedas a news reporter for the MonroeCounty Democrat, published by hisfather, and for the Milwaukee Sen-tinel.

The Law School McCoyenteredin 1887 was different from theschool as it is today. There wereonly 61 law schools in the United

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THE LAWYER •.ATHLETE

further their education after anundergraduated career? Doesathletics have some positivebenefit to the participants?

One way to explore that prob-lem is to look right here at theLaw School. Have former UWathletes been able to make thetransition from the locker room tothe Law School.

The Gargoyle has found morethan 75 UW Law School alumniwho participated in intercollegiateathletics during undergraduatecareers on this campus alone. Weexpect that there are more whomwe will still learn about, as well asothers who came to the LawSchool after competing at otherundergraduate institutions. Ourathletes participated in a varietyof sports before moving into thelegal field. There are former foot-

States, and only 18 had anyentrance requirements. Wisconsinadmitted students who presentedevidence of good moral characterand a high school diploma. Feeswere sixty dollars per year. Theschool had not yet incorporatedthe casebook teaching methodbegun in the east in the 1870's. In-stead, the curriculum wasmodeled on the apprenticeshipsystem, and students spent muchof their time performing theduties of law clerks. The school'sfirst full-time dean, Edwin G.Bryant, was appointed in 1889.

McCoy's athletic career beganin his sophomore year, at theuniversity, his first year in the lawcourse. He-was pitcher and captainof the sophomore class baseballteam, which played against otherclass teams. McCoy also playedthird base on the "League Nine",which consisted of the school'sbest players. The "League Nine"competed on the intercollegiatelevel against Lake Forest, RacineCollege,Northwestern, and Beloit.

ball and basketball players, aswell as ex-golfers, oarsmen andtennis players. Some achievedfame - such as former profes-sional football players Pat Richterand Ken Bowman. Most, however,did not have professional careersas an option when they came tolaw school.

Beginning with the followingarticle about an early lawyer-athlete, The Gargoyle will look atour experiences to see if one canindeed participate successfully inintercollegiate athletics at theUniversity and then go on to asuccessful law school and legalcareer.

We think some of the answerswill be interesting, and we hopeyou enjoy them.

- Sylvan Sobel

McCoy as a law student

The following article was originallyprepared for an Association ofAmerican Law Schools conferenceon "Effective Legal Writittg Pro-grams." It was included in thematerials distributed for our recent"self study. " The adequacy of ourlegal writing program is often atopic of discussion. This articleshould provide background forthese discussions.

A DESCRIPTION OFTHE LEGAL WRITING

PROGRAMHistorical BackgroundThe term "legal writing"

generally is understood today toencompass a fairly broad range ofskills considered essential in thelawyering process, including legalanalysis and problem solving aswell as written and oral com-munication. The historicaldevelopment of legal writing in itspresent format at the Universityof WisconsinLaw Schoolprobablyhas followed a pattern not toodifferent from the development inother law shools,

Practice in oral argument aspart of case clubs and practice inthe drafting of legal documentssuch as pleadings, deeds and willsgo back well beyond the start ofthis century. However, thesemblance of a first-year requiredlegal writing program did not ap-pear until the 1914-15 academicyear. The Law SchoolBulletin forthat year lists a first-year re-quired one credit course in"Briefmaking". The course is de-scribed as "use of law books ...training in the art of legalresearch and the collection ofauthorities, use of the varioussource books, digests, etc." By1916-17, the course credits hadbeen increased to two and writtenand oral legal arguments hadbeen added to the contents. In1921-22,however, the course cred-its were dropped back to one andthe name changed to "LegalBibliography". The course ap-pears to have remained essen-tially in this form until the earlyfifties.

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In 1954 the course againbecame a 2-credit offering, withone credit allotted to eachsemester of the first year. Thename was changed to "Legal Writ-ing (a)" and "Legal Writing (b)"and content emphasis hadchanged to legal analysis andproblem solving "with some objec-tive exercises in the use of lawbooks." The second semester por-tion of the course was described as"a continuation of the firstsemester course and consists ofthree or four written projects, in-cluding an appellate brief, whichwill be argued in Moot Court."Finally, in 1971,the course creditswere increased to three, all ofthem listed for the 2nd semester.However, it was understood thatlegal bibliography exercises wouldcontinue to be done in the firstsemester. This is essentially thepresent structure of the course.

Special tutorial services forthose students having problemswith grammar and compositionwere added in the early seventies.And in 1974, writing exerciseswere incorporated into the first-semester small section program.This is a program started in 1969to give each first-year student theopportunity to have one small sec-tion in one of his or her substan-tive courses. The original sectionscontained 30 to 35 students ineach, but this was reduced to 15 to20 when the writing componentwas added. The first semestersmall section program has neverbeen well coordinated with thesecond semester Legal Writingcourse.

The staffing pattern for thebasic Legal Writing course datesfrom the fifties. The first-yearclass is divided into sections ofabout 15 students in each. Eachsection is taught by a teachingassistant who is a second or thirdyear student selected and trainedfor the job. A recent law graduateis hired to serve as general super-visor of the course, and a facultymember serves as advisor.

The Wisconsin staffing formatwas touted initially as an effectiveand inexpensive way to teachlegal writing. It still is relativelyinexpensive in view of the stu-dent-teacher ratio of 15 to 1

(about $65,000 per year in sal-aries). The first-semester smallsection program would cost abouttwice as much, if the net costs ofthe program were attributed en-tirely to the writing component.

The Present LegalWriting Program

The first year Legal WritingProgram at Wisconsin consists ofseveral formal coursework re-qui rem en ts and of informal,voluntary tutorial assistancethrough workshops and individualtutoring.

The First SemesterSmall Section Program

Although the formal, three-credit first year Legal Writingcourse does not begin until secondsemester, first year students areexposed to legal writing andresearch in the first semester.

In their first semester, firstyear students take four courses:Torts I, Contracts I, Civil Pro-cedure I, and Substantive Crimi-nal Law. Three of the four arelarge lectures. The other is taughtas a "small section" of approx-imately twenty students. Firstyear schedules are determined bylottery; students have no choice asto professor, time, or subject mat-ter of the small section to whichthey are assigned. Small sectionprofessors generally assignseveral writing exercises duringthe semester. Type and numbervary by professor, some assigningas many as four or five papers; inpast years, some professorsassigned none. The exercises mayinclude a case brief, mid-term ex-amination, office memorandum,court brief, or an essay. One pro-fessor requires his students to pre-sent a short oral argument basedon a written assignment. Feed-back also varies by professor;some comment on both analysisand composition, some on analysisonly. Lack of coordination amongsmall sections and between smallsections and the Legal Writingcourse has, in the past, requiredthat Legal Writing address theproblems of students who havehad little or no exposure to legalwriting formats or conventions.

Methods or coordination are nowunder study with a view towardconsistency among small sectionsand consistent transition fromsmall sections to Legal Writing.

In addition to the four substan-tive courses, first year studentsmust complete in the firstsemester Legal Bibliography, ano-credit course run by the LawLibrary staff. The course runsabout three weeks and is dividedinto three parts: SecondarySources, Reporters and Digests,and Federal and State Statutes.Sudents buy a packet ofmaterialscontaining short reading assign-ments and several exercises. Thisyear, West's Nutshell on LegalResearch and the "UniformSystem ofCitation" were required.Students read materials pertain-ing to the exercises and then com-plete the exercises which areunrelated to each other and of ascavenger hunt nature. Because,Legal Bibliography is a shortcourse run early in the firstsemester and for no credit, stu-dents tend not to take it seriouslyor to remember the skills. LegalWriting teaching assistants findthey must either teach or exten-sively review Legal Bibliographysecond semester before they canintroduce students to comprehen-sive legal research exercises.

The Second SemesterLegal Writing ProgramIn the second semester, first

year students take Legal Writingfor three credits and three sub-stantive courses for eleven cred-its: Property, Criminal Procedure,and one of Contracts II, Civil Pro-cedure II, Legal Process, or Con-stitutional Law 1.

Legal Writing is a requiredthree credit course. Studentsreceive a letter grade ofA, AlB, B,B/C,C, D, or F. The letter grade isnot averaged into the cummula-tive grade point which is based onnumerical grades given in sub-stantive courses. Students mustattain a "C" average in LegalWriting to pass. Students who donot attain a "C" average mustretake the entire course; no "in-completes" are given which mightallow a student to make up only

those assignments missed,although extensions on individualprojects may be granted for goodcause. The original grade of a stu-dent who retakes Legal Writing isnot superceded by the gradereceived for the rewritten course.

The three credit Legal Writingcourse is supervised by a recentgraduate and taught by secondand third year law student teach-ing assistants. For several years,twenty teaching assistants havetaught sections averaging fifteenfirst year students. The sectionsmeet three times each week earlyin the semester for fifty minuteperiods. As the students becomemore involved in research andwriting, the sections meet as agroup less frequently; in lieu ofclasses, teaching assistants runresearch workshops in the libraryfor small groups and schedule in-dividual conferences for eachpaper.

Students were assigned read-ings for class discussion and asbackground information for writ-ten assignments and in-class ex-ercises. Teaching assistants in-dividually developed many in-class exercises or used exercisesthey had been assigned as LegalWriting students. The major writ-ing assignments were developedby groups of four teaching assis-tants, with the exception of the"Canned Memo".

The "Canned Memo" is a"closed universe" problem forwhich students receive a case se-quence upon which their memosare based. No outside research isallowed.The memo format is a lawoffice memo to a senior partner,requiring facts, issues, conclu-sions, and discussion. This yearthe supervisor assigned a se-quence of four New York cases onthe emergency doctrine innegligence suits; the memo factswere adapted from a recent NewYork case not part of the assignedsequence. The sequence demon-strated development of thedoctrine in one jurisdiction; theproblem required student analysisand projection of that develop-ment. The teaching assistantsbelieved the problem conceptuallydifficult so required an outlinebefore the memo was due in orderto spot problems of analysis and

organization. All students wererequired to rewrite the CannedMemo; most teaching assistantsgraded the original memo eithersatisfactory or unsatisfactory toavoid discouraging students ontheir first attempt. Rewritesreceived letter grades.

The other three writing assign-ments, Research Memo, TrialBrief, and Appellate Brief, wererelated by a core fact situation.Five core problems weredeveloped. Four teaching assis-tants worked on each problem setduring the first semester; theteaching assistants divided bytwos so that two sections repre-sented the plaintiff and two thedefendant for all three assign-ments. The objective of this coor-dination was to give students in-sight into the development of acase from the client's first inter-view to an appeal from trial dis-position. All assignments weregiven as a memo from a seniorpartner requesting work of ajunior associate. Students workedindividually on the ResearchMemo and Trial Brief, and inteams of two on the AppellateBrief, both members of the teamreceiving the same grade.

Research Memos were designedto make students familiar withthe general substantive law in thearea by applying their ownresearch and analytical skills toseveral specific issues. In general,the memos were to be approx-imately fifteen pages in a law of-fice memo format. Statutory in-terpretation issues were incorpor-ated where possible. If a statutewas not in issue in the ResearchMemo, teaching assistants incor-porated statute or rule interpreta-tion into the Trial Briefs.

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Trial Briefs were less lengthyand involvedpretrial or trial mo-tions to dismiss, to join a partyafter the statute of limitationshad run, for change of venue, andfor summary judgment. TrialBrief problemswere presented. asa continuation of the case stu-dents had researched for theResearch Memo. Teaching assis-tants provided students with ap-plicable court documents and ad-ditional facts in a memo from thesenior partner.

Another memo with documentsand trial transcript evidencing thetrial outcomeprefaced the Appell-ate Brief assignment. Studentswere paired, some voluntarily;somewere assigned partners, par-ticularly when they failed to pairvoluntarily. Often appellate issueswere refinements of issuesresearched for the ResearchMemo.Teaching assistants foundthis a considerable obstacle whendrafting the appellate problems.Although we wanted to avoid ex-cessive additional research and tohave students concentrate on ap-pellate advocacy skills, we did notwant mere repetition of ResearchMemo arguments. We are con-sidering for next year coordinat-ing the Trial and Appellate Briefsbut using a separate problem forthe Research Memo.

The original rewrite policy re-quired students to rewrite theCanned Memo, Trial Brief, andeither the Research Memoor Ap-pellate Brief. The supervisor andteaching assistants agreed thatrewriting was more effective thannumerous new assignments in re-quiring students to incorporatecritiques. They also agreed thatthe schedule was too demandingto require rewrites of everyassignment, hence the option ofrewriting one ofthe longer papers.As the semester progressed,however, the teaching assistantsfound the schedule tighter than itappeared on paper. In order toavoid rampant student and in-structor frustration, the teachingassistants revised the rewritepolicy to make rewrites of theResearch Memo and AppellateBrief completely optional. As theoriginal and rewrite grades areaveraged, many students have

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chosen to rewrite at least one ofthe longer papers in order to im-prove their grades.

The supervisor and teachingassistants agreed that oral argu-ment is important to a writingprogram and a beneficial ex-perience for first year students. Inpast years, students presentedoral argument only on appellatebriefs; in some years studentsargued from a model brief ratherthan from their own and arguedone on one rather than in MootCourt style teams. We madeseveral changes this year. Eight oftwenty sections, working with twoproblem sets, scheduled motionargument on the Trial Briefs. Thiseased the burden on facilities andgave students an opportunity topractice motion arguments whichthey will more likely confront inpractice than they will appeallateargument. Students argued one onone at motion arguments. The re-maining sections scheduled ap-pellate arguments, the paired stu-dents arguing as a Moot Courtteam. In all arguments, studentsargued from their own briefsagainst students from anothersection. Teaching assistants fromboth sections sat on the benchwith one or two local attorneys orjudges who critiqued the argu-ments but did not rule on the caseor decide best oralist. Outsidejudges were asked to score the stu-dents' advocacy skills, but thesescores were advisory only; teach-ing assistants assigned grades.

We found local attorneys andjudges enthusiastic when solicitedto judge. A number of outsidejudges were particularly pleasedthat some students would arguetrial motions rather than appelas.While providing first year stu-dents the opportunity to presentargument is a good exercise, ourschedule does not permit time forargument on both brief exercises;trial and appellate advocacycourses are offered as electives forstudents whowish to pursue thosespecialties.

Staffing by TeachingAssistants

It has been the practice atWisconsin for a number of yearsto hire second and third year stu-

dents as Legal Writing teachingassistants under the supervisionof the Legal Writing Instructorand a full-time faculty advisor.The Instructor is a recent gradu-ate, hired as nontenure-trackacademic staff for a one year con-tract, renewable for a second year.Teaching assistants are hired on athird-time basis for secondsemester. First time second yearstudent assistants often apply toteach again in their third year.This helps overcome some prob-lems of continuity in the writingprogram. In the fall semester,both new and continuing teachingassistants take a three creditcourse "LegalTeaching Methods",more properly "Legal WritingCurricula".

The Tutorial Service:Supplementary Writing

EducationUse of the tutorial service as

supplementary, rather than solelyremedial, education has developedgradually at the UW Law School,as demand and potential grew.Until the 1978-79term, the tutorhad been a graduate law studenthired for ten hours a week to workwith students identified as havingthe most severe writing problems.In August of 1978,the Law Schoolhired a composition instructorhalf time, thus increasing both thehours a tutor was available andthe emphasis placed on studentwriting skills. During that term,students were encouraged to cometo the tutor to improve writingskills regardless of current ability:the tutor offered workshops inparagraph organization, concise-ness, and sentence structure andmarked every student's diagnosticexercise to suggest ways to im-prove his or her writing. As thestigma of seeing a tutor faded, stu-dent use of tutorial services in-creased. This demand led to an in-crease in the hours the tutor washired for the 1979-80term; it alsoled to an increase in the range ofuses ofthe tutorial service. Gradu-ate students came in for help ontheses; workshops were added incase briefing, course outlining,resume writing, and effectiveword choice; the tutor worked

with students writing briefs forclinical programs, papers for lawcourses, and occasionally briefsfor clerking jobs. Some studentscame in for weekly appointmentsfor up to a semester, working onorganizing quickly for exams orwriting cogently for course papers.Accordingly, the tutor workedwith professors and teachingassistants to choose sample examquestions or to focus comments onwriting habits most critical to thestudents improvement in a givencourse. Teaching assistants thenhagan to bring in problematic stu-dent papers to discuss ways to at-tack teaching the student betterwriting skills. The remedial workwas thus integrated into a largerprogram of supplementary writ-ing instruction.

The legal writing tutorial serv-ice now helps meet many educa-tion needs in the LawSchool. It in-creases student and facultyawareness of the usefulness ofgood writing skills in law by pro-viding continued opportunities forstudents to work on improvingtheir writing. These opportunitiesfor workshops, individual ses-sions, and additional comments onwork done for content courses en-courage students both to developand practice good writing skillsoutside formal legal writingcourses and to continue improvingtheir writing throughout the threeyears of law school. The supple-mentary information andmaterials augment the content oflegal writing courses. Theworkshops provide opportunitiesfor practice and feedback ofspecific writing skills. Finally, thepresence of a resident compositionteacher draws tools from the dis-ciplines of communication,rhetoric, and education and ap-plies them to the specific writingtasks in the discipline oflaw.

Second and Third YearWriting Program

Although the University ofWisconsin Law School does not atthis time require a formal writing

program for upperclass students,it does offer several advancedelective courses and providestutoring and workshops under theLegal Writing Tutor, a composi-tion teacher.

Advanced Legal Writing - 2credits. This seminar course iscurrently team taught by theLegal Writing Supervisor, a lawgraduate, and by the Legal Writ-ing Tutor, a composition teacher.Students must write in-class exer-cises, weekly assignments, andmultiple drafts of a lengthy finalproject. Students choose the for-mat and subject matter of thefinal project (research memo,brief, law review article) and drafta contract specifying tasks to becompleted, due dates for each in-terim and final draft, instructors'duties, and student's objectives.The course emphasizes writingrather than research; studentswere encouraged to choose pro-jects involving minimal researchtime, such as revisions of past pro-jects. Several students have coor-dinated their projects with theLegal Assistance to Inmates Pro-gram by updating and revisingLAIP research and briefs onissues which LAIP frequentlyraises in its representation of in-digent institutionalized persons.In addition to drafting a contract,students must draft pleadings,jury instructions, and varioustypes of letters. Students receivesome instruction on legislativedrafting, statutory constructionand interpretation, but the LawSchool offers a separate course inLegislative Drafting.

Legal Assistance to Inmates Pro-gram - This is a clinical programand not part of the Legal WritingProgram. We mention it herebecause LAIP has retained theLegal Writing Tutor for a set num-ber of hours per week to work withLAIP students and attorneys whoare writing and drafting briefs,memoranda, and pleadings forLAIP clients. The Tutor edits stu-dent and attorney work and con-fers with the writers on editorialsuggestions.

Legal Teaching Methods - 3 cred-its. This is a first semester coursefor second and third year studentshired as teaching assistants forthe first year Legal Writing coursein the second semester. Part of theLegal Writing Program, it is openonly to teaching assistants. Thecourse covers curricula, policy,and administrative matters forthe first year writing course. It isnot properly a writing course butdoes require the teaching assis-tants to prepare writing andresearch problems for the firstyear program.

Legislative Drafting - 2 credits;This seminar focuses on the tech-niques for drafting legislation inclear, concise fashion.

Law Review - 2 credits. A num-ber of students each year receiveintensive Writing experience andsome instruction in writing aspart of their Law Review ex-perience.

General Practice Course - 8 cred-its. This course, taken by about150 third-year students each year,provides instruction and ex-perience in the drafting of a widevariety of documents commonlyused by lawyers.

Appellate Advocacy I and II - 3credits each. These are moot courtprograms involving intensive ex-perience in brief writing and oralargument.

The Tutorial Service - In addi-tion to formal course offerings, theLaw School offers to all studentsvoluntary individual tutoring bythe Legal Writing Tutor. TheTutor also offers small groupworkshops throughout the year incase briefing, sentence structure,paragraphs, organization, wordchoice, conciseness, outlining, andexam taking. Although theseworkshops are directed primarilyto first year students, all studentsare welcome to attend.

Seminars and Directed ResearchThere are abundant seminars

and directed research oppor-tunities for second and third yearstudents. These afford oppor-tunity for writing experience butlittle in the way of instruction inwriting.

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FACULTY ANDALUMNI NOTES

Professor J. Willard Hurstdelivered Columbia University's1980 James S. Carpentier Lec-tures on October 15-17. The lec-tures were titled "The Jurispru-dence of Legislation."

Professor John Robertson isserving on the Legal AdvisoryCommittee for an educationalgroup called "Concern for Dying."The Committee is studying waysof safeguarding the rights of ter-minally ill patients. Prof.Robertson also recently testifiedbefore the Health Subcommitteeof the House Committee on Inters-tate and Foreign Commerce aboutdrug treatments for terminally illpatients.

Dean Orrin Helstad and Profes-sor June Weisberger are servingon the Nominating Committee forJudge and U. S. Attorney in theWestern District of Wisconsin.

Ann L. Hannon ('75) waselected to the position of DistrictJudge in Kalamazoo, Michigan.

Charles H. Jagow ('34) was theproject director for the recentlycompleted "Corporate Debt Fi-nancing Project" of the AmericanBar Foundation. The projectpublished its fourth report,"Mortgage Bond IndentureForm," this year, completing 20years of effort.

GEORGE E. CLEARYDIES

George E. Cleary, a leading NewYork tax lawyer and a founder ofthe firm of Cleary, Gottlieb, Steen& Hamilton, died March 26, inNew York. He was 90 years old.

Born in Platteville, Wis., he gra-duated from the University ofWisconsin Law School in 1914,where he was first in his class. Hepracticed law in Wisconsin, taughtat the University of Montana LawSchool and worked briefly for theInternal Revenue Service beforegoing to New York City and join-ing the firm of Root, Clark,Buckner & Ballantine.

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In 1946 Mr. Cleary joined threeother partners, Leo Gottlieb,Melvin Steen and Henry J.Friendly, who went on to becomechief judge of the United StatesCourt of Appeals for the SecondCircuit, and two other lawyers,Fowler Hamilton and George W.Ball, who became Under Secre-tary of State, to form the Cleary,Gottlieb firm.

Mr. Cleary was a senior partnerin the firm until 1974, thenbecame counsel to the firm on apart-time basis.

A specialist in taxation, Mr. Cle-ary taught for many years at NewYork University Law Schooland was a frequent contributor toprofessional periodicals. Heserved on bar association commit-tees dealing with tax law and for15 years was chairman of theCommittee on Taxation andPublic Revenue of the Commerceand Industry Association of NewYork.

NEW FACES ON THEFACULTY

THOMAS M. PALAY, a newfaculty member, joined the LawSchool last August as AssistantProfessor. He taught IntroductoryTorts during the fall semester andthis spring is teaching the first-year course in Property.

After graduating from TuftsUniversity with majors in eco-nomics and political science, heenrolled in the University ofPennsylvania's Law School as wellas its School of Public and UrbanPolicy. He received his J. D. in1979 and is currently completingwork on his dissertation for aPh.D. in economics.

Palay's interest in comparativeinstitutional choices and their in-terrelationships with law, eco-nomics and public policy isreflected in his dissertation, inwhich he explores the economicsof contracting. He is particularlyinterested in the informal rela-tionships that develop around con-tracting; the decision-making pro-cess as it affects solutions to prob-

lems that are created; and thespecific, informal organizationsthe contractors may create.

In addition to contracts, Palayhas strong interests in state andlocal government law and regula-tion, areas which he is quick topoint out relate to comparative in-stitutional choices. Convincedthese areas of the law comprise asignificant part of many lawyers'practices, he strongly believesthey are an important and rele-vant part of a Law School cur-riculum.

A native of Milwaukee, Palayenthusiastically extolls the vir-tues of both Madison and theUniversity of Wisconsin LawSchool. "Both my wife and I feelMadison is an ideal city for two-professional families. In addition,the Law School provides a terrificacademic environment," he says,adding, "It's really the finest com-promise one could want, sincethere is a strong push for bothscholarly research and teachingquality - a combination that isdifficult to find,

Palay's wife, Diane Gutmann, isa practicing attorney with theMadison law firm of LaFollette,Sinykin, Anderson & Munson. Agraduate of the University ofPennsylvania Law School, sheworked for the U. S. Departmentof Justice before coming toMadison.

Cooking is another of the cou-ple's favorite pursuits. Because of

Thomas M. Palay

their busy schedules, they look forrecipes that aren't time consum-ing and do most of their cookingwhen entertaining. Proof positiveofPalay's culinary expertise is theSecond Prize he recently won inthe First Annual Bakeoff spon-sored by the Student Bar Associ-ation. His prize-winning concoc-tion? Chocolate Mousse Pie.

The newest member of the LawSchoolfaculty is CARINCLAUSS,who has come to Madison fromWashington, D.C.,where she wasGeneral Counsel for the UnitedStates Department of Labor. Thissemester she is teaching a coursein Protective Labor Legislation.

A graduate of Vassar Collegeand Columbia Law School, Clausshas specialized in labor law for thepast 17 years. While in the careergovernment service, she served asCounsel for Appellate Litigationand later as Associate Solicitor forthe Fair Labor Standards Divi-sion. For the past three years, herwork as Solicitor ofLabor, a politi-cal appointment, included prim-ary responsibility for the LaborLaw Reform Bill and for handlinglegal aspects of the coal, railroadand trucking strikes. She servedas the Labor Department's repre-sentative to the United States Ad-ministrative Conference and play-ed a major role in the Depart-

This issue s column was con-tributed by David Reith, La Mesa,California. It shows that "it's asmall world" even for UWalumni.

Manzinar is in the middle of theOwens Valley in California, be-tween Reno and Los Angeles. Thedesert brush grows no higher thanyour waist and there are no trees.The long summer brings therelentless sun and steady tem-peratures of 1000 or more. Whatlittle water that had been therehas been taken by Los Angeles towash off their sidewalks. An en-tire lake nearby has disappeared.

I turned offthe highway to showmy wife the only structure that re-mains. The section of wall with a

ment's regulatory and legislativeprocess.

Clauss' background in laborlaw, with its strong emphasis ontrial and appellate litigation, hasgiven her an interest in teachingappellate advocacy, evidence, andcivil procedure in addition to sub-stantive labor law. During theyears she served as Counsel forAppellate Litigation in the LaborDepartment, she was closely in-volved with all aspects of litigationunder the Equal Pay Act and theAge Discrimination in Employ-ment Act. She feels strongly aboutthe importance of an appellate ad-vocacy skills course and hastaught such a course at GeorgeWashington Law School.

Her hectic schedule in Washing-ton, plus frequent speaking andlecture engagements, left Clausslittle time for writing, and shelooks forward to having more timeto devote to this pursuit. Teachinghas always been one of her stronginterests, and she says she hassettled nicely into the academiclife here at Wisconsin. Althoughher move to our state coincidedwith minus 50-degree wind-chilltemperatures, she says the coldweather is the only drawback shehas encountered so far. "Wiscon-sin is unique for its depth of in-terest in labor law," she states."And I find the enthusiasm of the

ON THE LIGHTERSIDE

remnant of roof marks the placewhere 10,000 Japanese-Ameri-cans during World War II. Welooked around, absorbing thehistorical flavor and the desola-tion, and noticed a man andwoman walking toward us withsome resolution. Their car wasparked in the distance.

The man approached and askedif I had jumper cables. I assuredhim that I had. Unhitching mytrailer, I drove to his car parked inthe open area between long rowsof disappeared housing. As the carstarted I heard sighs of relief.

"Can I pay you for this?" heasked.

"No," I answered, "It was my

Carin Clause

students, plus the comraderie ofthe faculty, special qualities notfound in other schools."

Travel, coupled with an interestin anthropology, is a major focusof Clauss' non-law activities. Shehas explored much of the globe inher search for areas with interest-ing anthropological backgroundsand archaelogical sites. Last sum-mer she spent four weeks in NewGuinea and the barrier reefs ofAustralia. She combines photo-graphy with these other interestsand has an extensive collection ofslides and photographs from hertravel adventures.

Not surprisingly, Clauss has along-standing interest in politics.She plans to continue her interestand involvement in the politicalprocess here in Wisconsin.

- Suzanne Williams

pleasure."In the awkward silence we

started some small talk. He men-tioned that he came from Wiscon-sin. I said that I had lived inMadison for eight years. He hadspent seven years there also,finishing Law School in 1957. "Ifinished in August of 1957," I said.He introduced himself as Lew Tib-bits. I admitted that I did notrecognize him, and he suggestedthat it may have been because hehad graduated a few monthsearlier. Nevertheless we partedwith warm feelings, and amaze-ment that classmates could haverun into each other in such an out-of-the-way location.

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