Arizona Advocate, Vol. 1, No. 3 (May 1967)

Item Type text; Periodical

Authors Student Bar Association, College of Law, University of Arizona

Publisher College of Law, University of Arizona (Tucson, AZ)

Rights For non-commercial educational or personal use only. All otherrights reserved.

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Link to Item http://hdl.handle.net/10150/610921

l'lonpfolll o.,.nlullon

U.S. POSTAGE

ARIZONA Vol. 1, No. 3 Mt~y. 1967

AWARDS, DISCUSSION HIGHLIGHT LAW DAY

DEAN CHARLES E. ARES moderates a panel discu n ion as a part of the Spri ng Law Da y program. Partici pating from left to rig ht are W. Edward Morgan , Stale Sen. William Jacquin , Are s, Ric hard Ryk­ken and Prof. Clifford Lyt le.

6 Members Added To Law Faculty Hy .J'IA TIUS BECHER

Datt·e JI i\luch'a. thf' new Uni· vc rsity of Arizona football coach, co uld take a recruiti ng lesson from Dean Ares. Follow. ing a faculty decision to seek out young attorneys w ith excellent academic r eco t·ds, Dean Arcs

went out and did just that. sc· l(•cting them from :1 varie ty of outstand ing Jaw schools through om th e nati on. As Dean Ares

· said, "A conscientious effort was made to get young people w ho have a poten ti a l fot· devel· oping into s t imulati ng tcachcn; and legal scho lars. All of the new professors coming next year have acti ve, inqu iry in g m inds, a nd a ll a1·c good you ng hnvyt_•rs."

J uni us HoHman, 43. the o ld· c>s t of the new professors . is married and has 1 chi ld. He ~ t ·aduatcd with high dist inctio n from Dart mou th , and was P h i Beta J<appa hi s junior· year. After World War II, in w hich he was a lieutenan t in the Navy, hl' t"PCclvcd a mastc1· in Russian l-lis to1 ·y rrom Harva rd.

Pro fessor HoHman received h is L.L.B. f t•om Yale. in 1951. H<' was a mf'mbcr of the Board of Ed ito rs o f tlw Yule Lll\\' .Jour· nul, and a member o f the Order of the Coif. a national legal hono rary . Aft<•r two vcars or privntf' · practice In CO lumb us. Oh io, he became the law clerk for Jud~c David Bazelon o f the Unitt>d S tatr>s Cout't of Appea ls.

In 19:)<1, he joined the law firm of Jones. Day, Cock ley & Reav· is. In Cleveland, becoming a pa r t· ne1· in the finn In 1960. As a prac t ici ng attotncy, Mr. Hofr. man was invo lved mainl y in co r· pom tf' work . From an' experi· ~ ·n t i:tl point. he has workPd with large pu blicly owned corp01 a· lion, and pr·lvatcly owned closed l'Orporations.

Bl'cau.se of his cxtcn.s ivf' back· J.! t o und in tlw field or co t·poralt• 1;1\V, Pro fcs!'<Ot ' Hoffman will t·o mlltct a .sf'minar In Corpont· tinn ~ In the ra il Of nf'Xt yea t•, and tt•aC'h a section in corpora· lion~ in t he sprln~. He l.s 3 l.so ~dh·cl u led to teach a sec t ion of Rt•st•arch and \VI'l tin g.

!);~vid Wt•x lt•r typifies tht• IYP~'

o r academician this school had the good Jo1·tunti o r n:cruiting. He has been with the Depart· m ent of Justice since June o f 1965. His assignme nt the re in · eluded brie ring a nd arg uing fed· e1·a1 appeals. 1·eviewing and sug· gest ing legisla t ive pi'Oposa ls.

serving as tbe ed itor of a forth· coming lega l perio ·:cal to be publishe d by the Ct·iminal Divi· sian o f the Department of Jus· t icc, and lectul'ing in criminal law to st udent s attending a law en force m e nt agency t rai n ing

(Con ti nued on Page 2)

Jerry Toles Receives Silver Key In Recognition Of Service

Je1-ry Toles. past President of the Student Bar Association, has been awarded the "Sil ver I<<'Y Awa t·d" for 1967 by the Ameri· can Law Student Associat ion tAL SAI, an affi liate o f the American Bar Associat ion. M1·. Dan S pence, Nat ional Vice-Pres· ident of ALSA, stated: "The Si l· vet· Key Award is an awat·d giv· e n upon nomination by a Na­t iona l VIce · President and ap· proval by the Executive Com· m iuce of A LSA to a law student in recog nition of h is services to his fe llow st uden ts, to his schoo l. and to the lega l p t·o ression in genera l. The Si lver Key Award is the means by which ALSA ex· p t·es.ses its apprecia ti on fo1· un· selfi sh sc1·vice on beha lf of law student s and attem pts to stimu· la te ot ll e1· students t o take an in· tci'Cst in law .school activities. In the Ni nt h Circuit there a t·c 13 ac· credited law s chools w it h an est i· mated 5.000 law s tudents who wen~ eligible to recoive t he S il ver Key Award."

From the 5,000 possible nom· inecs, one law studen t from til(' Ninth Circuit was nomi na ted and received the award. Th is was Jcny Toles. past president o f the S tude nt Bar. Mr. Spence estimated that only 15 law s tu· dents in the e nti re Uniled States t·cceived the Award for 1967.

During his tenu re as Student Bar President. Mt·. T ol e::; init ial· I'd vnriou!' <~mbitious pt·ogt·ams, incl udin~ the follow ing: lntt•t' n · ~ hip :md cll·'l·kship pro::r·ams for la w s tu<k•nts with the Lega l Aid Societ ,v. tilt' City Att o m ey, ar1d the Tuc!'<on Poli ct.• Dcpnt ·tm erH: publication o f th1· first iss ttCf: o f the law ~chool newspf!pct . which i~ mailed to ovct' 2.000 a t· torncys: e xpa ns ion or t he Itt'' p la('C tnPnl pt·og t·am wh ich rc·

s uited in student n·sumcs bcill)! ~e nt to a tt omcys and law firms within the sta te; val'ious semi nar programs: and a new .s pcake1· pmgram des ig ned to atlrac t pmmincnt out or s tate s pl'ak· ers. includi ng Justice S tanley Mask o r the Cali(OI'nia S upreme Co\lrt , a~ well as noted Al'i:wnn speaker s.

A na t ive o f Californ ia. J l' tTy has bee n a residen t of Al'izona for the pas t t:> y<'ars. Ht• and his wife. Maureen. expec t to move to Phoenix after his g rad · ua t ion .

Spotligltt

James Gries Jam"~ C. G1 ·il•s. in his thi rd

year at the U. o r A. Collc,t: <.• of Law, ra nks firs t in hi~ class with a 1.35 accumulative ~rad c point ave~·a gc. He is pt ·t_•siclent and a C' hat·tf' r member o f tlw Law School hono1·arv Curia Reg is . in the folmding ·or whi ch he was ins tnnncntal.

Grif's is R c fNc nce Ed itor· l ot the Arizona Law Review a nd a mC'mbt.• r of the Ed itorial Board. H P is also aidin)::: Pt·o[($SOI. Ray J. Davis in a t'esearch project o n the legal pi'ObiC'ms involvt·d in weather modification .

Cric~ t·ec<'ivcd his bfl chc lo1 's degree in Govc1·nment a t H:u·· van!. whcr<' he was a tn (.•mbf't' or st•vrral organization !'< incl ttrl · ing the "Has ty Pudding · nst i· lute o f 1770 Dinner Club." He has also he('n a cti v<• po liti ca ll y. c lass· Hying himself a s a consPrvativ:­Repuhlican.

r.ries i.s unmm t'it·d and is u nalivc of New H ~IVt'll, Ctlllll ., now rc~iding in T ucson . 1-1 "" i~ a mf'mbet · uf Ph i D·•lt:-t Phi k g 11l f •a l crnity.

Views Differ Sharply Among Panel On Civil Disobedience

The Spri ng Law Day ac tivities we re hig hlig hted April 21 by a panel discussion on 1 he q ti CS lio n : Civil Disobedience: In the Ame rica n traditio n? Dean Charles Arcs moderated t he fou r man d iscussion presentat ion before a la rge 1·cspon­sive audience in the main lec ture ha ll of the Co llege of Law. Panel member s were Tucson a llo rnc.vs Richard Ry kken and \.V. Edwanl Morgan. tlw lath·r· ------­a controversial figu re Wl'll · known in Tuc~on a~ a c hampion of c iv il l'ig-h ts : S tate Senat01 W ill ic:m1 .Jacquin. Hcpublican Ma · jo t·ity Whip; and Pro fessor CJif. forti Lytle o f thf' Un iversi ty's D<•partme nt of Gov\•rnme nt. L.v· t ic i~ also pn~· lnw advisor for th e U nivt·l·s i ty, and H.ykk<•n is <1 lccture1· in law a t th1· Univt_•rsi tv.

The pand a g1·1·t.·d and d io..:~l · g reed o n a widl• v;u ·i<'IY o f as· pccts o f the probh·m o f civil d b.· obedience. They !.( (' n l' r· a I 1 ~ · agreed that t iH'r·t.· a~<· st •v£.•t·a l prime 1·eq uit 'cmcnts befo t·e an act i~ ''civil disobt·dit•ncP. " lt must vio la tt• a law. the vio lation must be in tt: ndcd. it mus t bC' public a nd me:tnt to pub licize- OP· pos ition to <I 1;;1\v ot· situ,ttion . and the purpose is to chang\' t lw law o t· o tJuoors' v ie ws.

The n· was SOIIIf' tlisa gTf'f'· nwnl O\'t• r· w lwl hPr the l:tw hrc akt• rs nHtSI he wi llin ~ In :t CCt•pl ]Jt p l ' ltllS t ~ ljliC IH'CS of the ir a cts hefnre th eir a t·!.-.; arc "civil disuh~di(• rr t· e," If th P. law Is 111 S(•rtous tl ouhl :rs In it . .; constilntionalil y, an act de· ~ i gn(•tl l.u st•l up a lt!s l , ... st• In dete rm irw th e mat h- r is nnt lrttl~· :111 m·l o f civ il tlisoht•tli · e nce.

M01·gan no ted that publi city a nd irrita t ion at·C' the goals sought. T he d<'mon ~ tratot · st·eks to make it mot·c uncomfortable· for · socie ty to co ntinut~ in it:-: w;ty than to change. Morgan indica !· t.•d a bc lit'f that tlw r·c 1wcd b<: no t·eal c ha nce o f s uccss fo 1· civ il di.sobcdi<•nce to bl' justifit·d . "It's a mattt•t· of consciPnCI' .'' lw no ted.

Scnalnr .1m·qui11 tlisa~rt·et l. H I• ft' lt !he n • is IIC\"t' r :Ill\' CX · c·us~ fnr iniPrttinnal hr• · :;kiu~ of th e ~ law, t'.., JII'c·ialty n n l j u . .;t In irritat e s odd y. " \ \It• arc tin· ing our yo ung l•f•npl<' a n·a l injusth-t· w hen WP teadt t henr that law·ht'l'a ld ng is all l'i.'-'h l." hL' sa id .

Lytle t•xpl;dnC'<I he fc<:ls t iH't 't' m ust hf' a moral h•g itimacy Ill · vo lvC'd that society (·an conCIOtw 10 j ustify civ il disob"diPn cc. But lw nl:.:o noted t ha1 dvi t d isobt•c!i· cncc can se rve as a s <t fc t \' va I V('

for society t hat may i>n•v1·n t mon• violc·nt form~ o f pro tt•st. The panel e~g i 'PCd t hat the act of ci vil disobcdit•n ce must ht• a:­no n.violc n t a s possi bk to qu al · ify a'> o ther than puH•Iy nim i· nal conduc t.

R vkkPn ~aw !Ill' (.'hit'{ f' tHI ol civii d i~ohedit.•nt.·(• as l'(llll'ation u f the publit• a s to inilrsti<•t•s, bad laws and di~scnt . not irrila · tion . The aim as he- ~nw it '' n" a political o ne. "If th(' aim i:­ius t 10 in itatf'. you havP nnly mob ru lf'." Furthl't , Rvkk<•n noted that " if ynu hav1· nO hopt• o f s ucct•ss. disres J>t·ct of law and inconvt•nif'nce to society is poi nt · less n n<l s hou ld hr c!t·alt with st rong ly."

:'11 o rgun .., h : rrpt~· d isagr f't• d , a g ain no thr~ that t here is a qu C>s littn nf t•tm.;dr nt.'f' in · ,·oh'Ptl. H e aJ.:TI'I'd hm\'t' \'c• r !hut l ht'n• mu~t he :• ~lum g­

nwral ju ~tlfi <:alion rnr c h ·iJ disnht•tlh·two•. "Smol• i u ~· mad· j 11 :11 r:t :nul then ir~· in~ ttl j n!'> t i· ry it as u prnt t•st aguinst nar· t·ot it's lnws aftt• r yn u 'rC' t' :lll~ht

is di sgnsliuJ!.'' he said. T he pn twl a g r('(·d that ci\'il

d isobf'di(' ncc- t!-i a Ja ~t rcsm t altt't <lll othf't ' t'i.•mcdit·s ha\\ ' bt•Cn t'X hauslt:'fi . an d tlwt ,,·h il<' it i" nl1t

pt' l'm isf'ahlt· w1thi n the reo:tl m or dcmoc t·at.·,v. iP, majol'i ty rule, dv il disolwdil'nt:t· b not com· p lctcly :tlien to a m ixt·d rt• publ i· can d1•mot1 'atk ·co nstitutionalist form of g OVf't nmcn t .such as l ilt • Un ited S WH·s.

After St•n .. Jacquin com mt·nlt'l.l tha t laws an' ma cie to p r·ovidc­t.: uidc lint·s fm· ~od C'I v ami mus t i>c (:o nfut med tu if o;·g:a nizt·d ~o· t.:it> ty is to bf' p1·c-st·rv(·d . Rykk('n added t hat sod('(y w ould fall apal'l if anyonC' who disa g rt.·cs with a la w \\ 'l't'l' fn.·t· to hn·ak it to pr0\'1' a poi nt. In n•sponst·. Morgan m adl' a <·ont rOV<'I'si al s taWmt:nt tlw t dn·w an a udibit' gasp of surprise fc·om the audi· rncc: "The- co ns titution is prc-di · catt.'<l on mot·ab, and th us if a I<IW is immoral it is unco nstitu· tiona ] ttnd an individ ual !1<1 ~ a duty tfJ o pposr it , hn•<~k ing it i f nN:t'~~a1 ·y.· •

Tlw q ut.·slion wa~ posed hy Dc>a n Arcs o ( how ~oc ietv s hould !"at' l to CIVil disd>N Ji. f•ncc. Rykkcn ;nt<l Lyt le It' ll there should b(' ~omt• diff<·rcnct• in t he st i gma tt ltachcd fi'Om that accordi•d tt commo n cl'imi· nal. but that criminal JX' nalti<•s ~hould b(• tlu· sam t•. Lytle- sa id the publi c should recogn ize a diffc1·encC' between d is t·cspcct for law and disn~spcct for a law.

Jacqllin a nd ~t on~an WPit.' a t opposite- points of view . Jacquin S('t• ing no r!i ff t..· n'ncc betw('cn <'ivi l cilsob<'diC'I1 CC' and a ny o the r· form o f la w·brca kin g. Morgan ca ll i ng for a gearing of penal · t ics so as no t to di scoll! ·agc eli~ ·

sl'nt and oppos i t ion 10 had law by imprisonment anti fines.

Law Review Changes Made

n y .JOJI:'\' t. H.I·:Act·: :'\'

Thf' Adzon;~ Law R('Vit•w wi ll undcq.:o nmj o1 dla ng t·s in tlw nt>xt two Vf'a rs. The m ost im· ponant is· thf' t.•xpansion from two issut·s this n•at· to three i!<· Slit'S IH'XI Yt'CII" ~nd hopt.•fu l!y tO fou t· iSS UCo'> tht• fo llowin(! veat·. Thi:-: will ma kf' ou r· Law H<'.view t•qu<r l in volumf• a t leas t with many ol thC' coun t ry's lC'<Hiin.c: law puhli cat ion:-.

As well as dou bling t lw siZf' of tht• HC> vit·w. IIH• t•dito t·s pl<ln to add two nt-w St'Ctions RC't'Cllt Dt·ci sion" ;m<i Book HP\'il'Wz-. H t'<'I' IH Decision~ w ill consis t of short ~umma rit'!'> of significan t n•t_•C'n t det.'ision~ ol tlw Ar izona Sup1 cme Co u r I and tlw two Cou rt s o f Appt•als-. Book R t_•· vi('ws will contatn commt.•ntari cs hy p rof1·s~or~. judges. <1t1d l<l\\'· Vt.' t s on t'C'CcrH books o f inh·res t lo th<• pt oft•s.sion. R~'cf'nt OC'Ci· sions w ill nppc<tt' in \'olume 9. :"o. l. to l>c p11 blished this yC'n r . and 13ook R\•views will begi n ne xt :Vt•ar.

\\l ith th i.s 111Cit' 35ill,!! WOt'k toad . tl11• Eclitodnl Boa rd of thC' La w Review ~ ~ ta klllg on a gt·cat deal mot·c of tlu• u ltinwlt• l'<'· .;pon~ibility lo r the ma tf'ri al!Htb· lislwd. Tlw staff will .s till rclv o n the advice or thl' facult y, bt;t lllOI't.! of thl' fina l deci>dons will be madl' by tlw student ~ tht! m· ~e lves . A.s a part of th is g row·

tContlnued n•• ,..

1itiz11d by the Daniel F Cracchiolo Law Library, James E. Roqers Col!eqe of Law, University of Arizona. AI£ Rights Reserved.

2 ARIZONA ADVOCATE

HONORE D ol Spring low Da y luncheon , I. to r., Jame s C, Gri es , Gor y l. Stvort, Pe ter G. Dun n, Gero ld W. Als ton and Jo h n E. Lundi n .

Law Review Cont inucd f rom Page 1 I

i ng autonomy, tlw :-: t udt•nts will take on mon• of the financial ehon•:-: involved in the publishing procc:o:!'. \Vitlt the cxpanclecl du­tic:-: ad~ing fmm all thc~c a c t iv­ith•:-:. the Rt•view hope~ to obta in mot·(' w orking span•. books. and ~('Cl 'l'ta ria l help IWXI ycaL

S pl'cific plans f01 · the sub.ict.:ts to bP covcn•d in next yea r's edi­tions arc be ing formlliatcd b_,. tlw incoming Edito l'i al Boat·d. A sym pos ium edition will be dc­vo tC'd to Penal Rdonn in Ad­zona. The Review also ho pt•s to publish arti cles dealing with the Uni form Commercial Cock· and the genera l problem or ail· pol lution.

Tile Rc\'il'W is not limited to the work or the membel':-( of th e ~ t afr. A~ in the past, a !! mem­bers o f the s tudent body arc in­vited to submit written mat<•rial

to the Law Rl'vicw fo 1· publica­tion.

N1·w ~l cmh• · rs

Tl~!! new members of tlw Edi· torial Boa rd f01· nPxt yea r arc Editor-in-Ch ief John M. Grc· aePn: CasPnote Editor Mi chael V. Mulchay; Lead A1·ticlcs Ed i­tor- Gera ld VV . Alston: Com· nicnt I::ditor Philip A. Ed lund: Re ce nt Decisions Edi tor Michae l A . Beale; Rcfc1·cnce Ed­itor- Lo•·en W. Counce: Mem· bc1 ·s of the Edito r ia l Boa1·d Richard C. Ande rson, J. Dec Flake. T. Scot t Higgins, W ill iam C. Po r te r , Pc te t· J . Rathwt'll, and Paul E. Wo lf.

Fou n cen first-vcat · s tudents have been Chosen as mcmbCl'S of the Law Review on the basis o f thei r first semeste1· g rades. Six more will be chosen at the end o f the second semes ter. Those

\\' lntun \Vnflds, .Jr. O~<!hornc ~ynoldti ,Junius Hortman

6 Members Added To Law Faculty !Continued from Pagee l l

school. Prior to his employ· mcnt with the Dcpar·tmcnt of Jus tice he was with the Divi· sion of Enforcement of the SP· curiti es and Exchange Commis-

Professo1· Wexle r, 26, and tlw father of 2, is a fo rmer student of Dean Ares. at New York Uni· ven•ity. At N.Y.U .. he was law revi ew note edit01·, membe •· of the Order of the Coif, and grad­uated c u m laud•• in 1964. He has written a not e and comments for the N1•W York Univ~!rslty Law R e view , and just recen tl y WI'OtP an art icle, ;,The Constitu tional Disclos ure Duty and the Jenck's Ac t," for the St . ,Jo hn's Luw Re·

nal Procedure. His majo r inter- Unive r·sity of Indiana, Mr. est is in the area of pragmatic Woods was stall photog raph er ju1·isprudencc which it is hoped for the univers ity paper. He will be developed into a semi· graduated in 1961 w ith an A.B. na •· for next spring. in Econom ics and Govemment.

Winto n deRuyter Woods Jr. Professo r Woods, 29 and a was a member of the Na t iona l fath er of one child, is p •·esently Moot Coun Com petition Team clerking fer Judge Shen·ilJ Hal­at I ndiana Un iversity in 1963. be rt, United Sta tes Distr ict While at Indiana University Law Judge for the Northern Dis trict School, he was a membe1· of the of California. His inte rests a n • Order of the Coif, Law Partner in procedure and legal practiC(·. Scholar, and g1·aduqtcd in 1965 Next year he is scheduled to with dis tin cti on. He is a member teach a course in Federa l Courts of Phi Delta Phi lega l fraterni ty. and also one in Legal R t'search While at the Univers ity of In- and Writing. diana he wrote severa l art icles W illiam E. Boyd, 26 and a n•­for the lntli ana Luw ,Journul. in· cent fat her. was an outs tanding eluding an article "The Opera- student at both University or ticn of Federa lis m in Divers ity: Michiga n where he received an E rie's Constilll t ional Basis. His A.B. degree in P olitical Science,

This fall he is schedu led to ~:!o%i~~~ :~~r~heh~~;:,a~Jo~~r~~~r and at Wayne S ta te when• ht• view.

teach Cl"iminal Law and Crimi- As an undergrad uate a t the !Continued on Page 3J

chosen a rc James w. Johnson. r==::r:~~Jf1~+~+H:+==~~=~~~~~~~~=======i Heathe r Sigworth , Go rdon C. 1 - -MM __ ,, J Andrews, Samuel J . Su tton , Ed· j [) GEO RGE E WO ODRUFF, Pub li sher ::__j ~~~~me. :_os~~.;~~~~.ar~~av~~~~: I i~~~~~EfPT~U~C,SON' S · L~:OARLGEa:d ~~~:~x~c~:~or NEWS PAPER

~~~1 .B0~:;~r~l.' ~~~~~n~· J:~~:~ ,1 : ~ { Phone MA 3 -7554

~\ .. ~~~fg;1~~d ~~~~e~.: McLoonc, --~ M l 1 107 !vr,·~~0~ash1ng tan Street ARIZONA

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Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University of Arizona. All Riqhts Reserved.

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'II' ,J'r\

May, 1967

6 Members Added To Faculty Continued f rom Page 21 f1 ·om there In 1963 In Econom·

graduated last year. At Wayne State he was Editor-in-Chief of the Law Review. He received the Lawyers' Cooperative Awards in Contracts, Equity, Commercial Transaction a nd Constitutional Law. He gradua ted third out of a class of 110. He Is a member of Delta Theta Phi legal !rater· nlty, and Is presen tly enrolled at Harvard University, wot·kin g for his L.L.M.

Professor Boyd 's intet-csts are in Commercia l law, Cons titu tion· al law, and Urban Affairs. He will be teach ing commct·cial cou rses next year. In the fa ll he is scheduled to be teaching SaleR and Agency.

Daniel H. O'Connell will be one of. the few s ingle members of the law faculty. He Is the son of a former law professor at the Univct·s ity of Oregon who i~ now a member of t he Ot·cgon S uJH·eme Court. Mt'. O'Connell's fathe1· and Professot· Claude Brown were on the Oregon fac­ulty at the same t ime.

H(> graduated 34 out of a class of 281 at Boalt Hall . Uni versity of Cali fornia at Berkeley. in 1966. His last year there, in 1966, he was associate cditot· of the law school paper . In his unde•·lp·aduatc days, at the Uni· versity o f Ot·cgon, he was presi · dent of the intt·afraternity coun· c il, and a member of the soph· oman•, junior, and senior men's honoral'ies. H1.• received a B.S.

lcs. Present ly, he is attending New York University, studying for a L.L.M. In Corporate Law.

Pt·ofesso t· O'Connell's Interests are In Corporation Law, Wills a nd Adminis tration, Tax, a nd Trusts. Nex t year he probably will be teaching courcs In Legal Research and Writing, T1 ·us t ~ and estates, a nd corporations.

Osborne M . Reynolds Jr .. next year t'eturns to hi s alma mater as a vis iting assistan t professor. The former Editor-in·Chief of the A rizona Law R!: Vl :!W, vice president of Phi Alpha Delta legal fraterni ty, winner of Am. Jur. books In equi ty, bills and notes and mu nicipal corpo1·a· tions, member of the moot court board. gradua te wit h honors and second in his class, will be teach· ing Torts and Legal Research and Writ ing.

Since Mr. Reynolds left the University in 1964. he has r<>· ccivcd an L.L.M. from Stanford University. While at Stanford he was on a teaching fellowship and taught torts and legal wt'lt· ing. He is curren tl y working on his J .S.D. at Southe rn Methodist University. doing hi s thesis on discretionary fu nct ion exception of Federal Tm·t Claims Acl. Pro· fcsso1· Reyno lds is a member of the At·izona bar, the American Bar Association. the American Judicature Society, and the In · ternational Law Societies o f Stanford and SMU.

co~op !)bt a£td gee Qlg ..

•

We have been arou nd for a long time , working with estates and all kinds of trusts , settiingtaxes, and cooperating with attorneys in esta te plann ing .

Sometimes we think we have lea rned a few th ings. Sometimes we are not so sure .

If you think we might have an answer or two that wou ld be helpful. we wou ld be flattered to have you drop in .

ill NATIONAL

BANK OF ARIZONA

Howard Jenkins, Vice Pres ident and Trust Officer 200 North Stone Avenue Tucson, Arizona 75702

(In Phoenix , too, at 411 North Central)

publ ishers of:

~ • SINDELL NEGLIGENCE FOLIO • THE MEDICAL & EXPENSE

DIARY • FUTURE DAMAGE

CALCULATOR • COLOR OFFSET LITHOGRAPHS

OF COURTROOM SCENES FOR HOME and OFFICE

AT YOUR REQUEST we will be pleased to mo il you the l & J cn tolog ill ustrating the obove end ma ny other lawyer's a ids. ~~,fl+- ,7~~4.

4762 E. Spcct.l\\:1)'. Dept. Z Tuc)on. Ariz. ~57 1 6

'' ' q ( o; ' i,''q ~ ~~ I l\

ARlZONA ADVOCATE Page 3

Professor De Funiak' s Visit Ends By NO RMA N SCIIWARTZ

The college of law has been very fortunate to haw this y<•aT· as a visit ing p •·ofesso1·, Wi lli am Q. de Funlak.

Professor de Funiak is a mem· ber of the Ken tucky and Ca lirot·· nla Bars. He has an LL.B. from the University of Virginia and an LL.M. from the University of San Francisco.

He has taugh t at the Univcr· sity of San Francisco and been a visiting professor of law at

Researchers To Aid Indigents

A number of s tudents Inter· ested in Crim inal law and pro­cedu ,·e •·ecently fo t·mcd a f! I'OUP called the Law Students Re­search Council. The pu1·posc of the group Is two fold : to provide assistance 10 local court appoint· ed a tto•·neys defending indigent cases and to provide intercstf'd st udents a practical experience in the area o f cl'iminal law and proccdu•·e.

Dean Arcs and several Pima County Superim· CO lli '\ Jud~cs have enthusiasticallv endorsl'<i This program and have been in· s t t·umental in its formation. Al· though a full 1 ime program will not be s tart ed until Call. a pt·o· g ram has been set up for intCI'· ested s tudems in the Tucson are.a d uring: th<' summe1·. This pro­gram will s tart immediatclv a fter fina ls, following this bas iC plan: When a local attorney is assig ned an indigent defendant by the Su· pcrio1· Court, he can call the law ~chool library and leave his name. Th is name w ill be taken by a p1·ogram coordinato•· ;:ulCI given to a s tudent or students interested in wo•·klng with this attorney on th is part icular case.

Because of the indigent nature of t he defendant , ni nety pc•·ccnt o f a ll c riminal ca~es in Pima County a rc handled by court ap· pointed attorneys. T6 assut·c the accused the best pos!>ible defense. a large amount of aid is needed. It will be the purpose o f the Law Students Research Cou1cil to help fulfill this need. Inte l csted st udents should contact Pat Whitehead, John Creacen. Mar­sha ll Lehman or Chuck DuMars.

READING EASEL fo•

Reeding in Solid Comfort Ho,.dy lor DESK o r LA~ Yoe. Ad jYoh to l UADING ANGL ES. Movable tronopo• · ~nt po,ehold eu FlEE HANDS foo w rltf ,.g , typl" !il • e tc. Mode of tempe•ed ho<dboo<d . FOLDS flAT. ,. ,. .. type metol hf,.geo . hlu p<ol"t doo~ ""d tob1o oudou o.

No C. 0 . D.':<. EN DOLANE ENTERPK ISES.

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Our Me et is Gre at,

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298-9091 for Reserva tions

thl' University o f London anrl the Univer~ily of Edinbut ~h . Nex t yca1·. he will be a visitin ~ profesNor nt Willamcttc Unlver· !'i llY in Salem, Oregon.

Professor de Funiak is a lead· lng authority Qn er1uity and com· munity propc1·ty. He is the au · thor of Princi p les nf ( 'nmmunlt~· J>rfl jlc rt :r. { 'uoo 1•s untl ) l uterial" o n ( 'nuunnnil y Prupcrt y, A ll :tntlhtm k o f )l ncl1·rn Eftll i ty, ( 'ust•s o n Et tui tuh li• Rf'li e f , and Th~ Lt•gn l S) 'S!Pm of St·utlu ml.

Principles of <' u m m u n I 1 ~· Property is tlw only complctr· mcl(iel'n text on commumty prop· erty. He pn·sentiy has a con tt act with th t· Unive• ·si ty o f AI izona to publiRh his community prop· crty text.

The ]li'Oh.'sso1 hi.!s a lso ,i ust complctt•d a ser ies of fOUl g uest lcctm·cs fo1· the Al'izona Law In · s titutt•. The topic of the :-:c ril·:-<. pr~scnted both in Phol'nix and Tucson. wu:-: "P1·actical Asp:•l't:-< of Community Pr·opt·Tty."

In addition to his icJ,.t'al wu1 b . he has also compilf"d an Anwri · can-Bdtlsh and Blitbh·Amcr·i· can dirtionary. It is in tiH' p ro· cess o f be ing p.-irHcd a nd will ha\'t' C Vt'l ' 301){) t'lll l'il'!oo and OW'I 200 pages. Jn S l>endin~ consid· c rablc tim<.' in "Bntish -~pt·ak ing" countries. 1/w profC'ssor saw a tl'l.ll nt·NI for a \\'OI'k of t hi s typ<·. as then• is non<' m t ' X· istenct'. TIH' nPt•d for tlw die· tiona•·y can be bC'~ I illu~t• ·a tt·d by a couple o f ('Xamples ft ·om ------

the dictionary itself. A typical ~ntry:

A Bl'i tish-spt·ak ing person asks you to "knock me up at 8 o'clock tomcnow." What shou ld you do? In Britain thi.., phrase means me rely to "aroU'il' o1 · awak<:n" while in thi!-. counll y !> uch a phr·asc might havC' a di f· ferent connotation. I f you wished to buy t·ubblng alcohol in Britain. what would you ask fot·? You had beller ask for "sur· gical s pirits" o1· nobody would know what you were aft<· •· Thf' rc are ln numt·rabll• oth(•r ph!'aSI'S Of thiS type.

ln II..'<H:hing throughout the CO U!l!IY the ]>IOfNtSOI a ttempt ~ to s tiCk mainly lO community prop<'l'lY s tate:-.. E>:ce pt f01 som(• law schools in 1hc :'\cnhcrn Ca lilornia arcc1. Al'izona is the on ly school in a communit~ prope1·1y ~tatt• that doc•s not ha\'l• a s<: paratf' courS(' in communily p•·opc•·ty. Othr-rwi~e. lw says that thC' Al'izona Law School C'Oil'I JHtrt·~ most {avorabl\' wit h the oth<:ts a t which ti c has ta ught and has the addi tional advantage of th<' warm climat<·.

Ttw p r ofcssor fee ls that th<• law sC'hools in tlw Un1tcd Stat e~ aa•. on thf' who!(•. su ]wnor to thos{' in En!,:land. Ht· say:-< till' 1 eason fot this 1:-< that Eng land has jll'-1 IN'l'lllly revl~l'd its old !IPPT('nticc· sy~u·m. Tilt' Eng lish law school.s <H'l' presen tly in a pe l"iod of trans ition and an• thcn•fon• ~oml•what bC'hind the .Am(rican ~chools.

INVESTIGA liONS I All TYPES OF CONFIDENTIAl

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Anthony Zinkus, Mgr.

iht lrnnJ(aslt Restaurant &

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Doug las e nd Rita Morvin Your Hosts SERVING

Dinner From 5:30 P.M. lunch Monday th ru Friday 11 :30

For Unabashed ly Roma ntic Oininq

Ma~e an appreciative p ilgrimage to The Iron Mask

Oigit1 ed by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University of Arizona. All Rights Reserved.

P11ge 4

EDITORIALS

Just Pride "Sty le,'' "class,'' or whatever you call it ... it adds up

to pride. Pride is t he aspiration not to be a mere lawyer, but to

be an e ffect ive. contribut ing member of man's most impor­tant profess ion. Pride is a sadness that there arc many attorneys, but few true contributors.

Pride is in out•'s ve ry bea ring: a nd manne r. It may bt~ in drt~ss or ~roomin~. It may b~· in ringin~ defense or OIH' 'S 0\\'11 \ 'iCWS, Or in quif' t tolera nce o r another 'S dissf'nt. It may be in vi,e;orous c rusade ror the new a nd darin.~. or in con~wn·ativt• defense of time-honored tratli ­tions and ceremonit's that add the touch o r color a nd awt· to th e proceedings of hum a n society.

Pride is in the Brit is h toast ing of the queen, in the inaugurat ion of a President of the United States, in the opening cry of attention a t the onset of a Supreme Court s itting.

Pride is a nythin~ tha t hi~hl i~hl..; t h f' dignity of a n individua l ma n, a. people o r a 11rofcssion.

Perhaps no profession depends so much on the respect of the public for its effective func tioning as does law. Since it is difficult to respect that w hich is without d ignity a nd pride, it follows that a n attorney Owes a high duty to his profess ion to conduct himself not only with propriety but also w ith pride. Not pomposity or egotism, but dedication and enthusia sm a rc the qualities that count.

H a Jaw s tudent docs not learn th e dedication to qua lity a nd achieveme nt necessary ror pride, as a hH\)·er he is unlikely t o lea rn it. If the law s tudent is not. enthusiastic-fa scinated by his Jearnin~ expe ri­l' llCt•s a nd associa tions--he may always lack t he luster that s<' ts g-rPal. nw n a part from the average. He may bt• successful, but hf' will be du ll . The public will gain no n<'w respect o r admirat ion for the law a nd lawyers from him .

Pride in the law s tudent may manifest itself in many wa.vs. Jus t be ing prepared is not enough ; there must be a desire to comprehend that which has been prepared. Mere a tte ndance is nothing ; it is the minimum expected. Pride is pa rticipation. fl sea rching for more information than might o therwise be gained in the ordinary progress of a course. It is the thrill of being exposed to a brilliant, dedicated pro fc~sor .. . nnd the resentment of being forced to t ry to lea rn from a dull and uninspired teacher.

How f'3 !'oo)' it is to do the minimum and no more. H ow t•asy it is to be ti red of school after long mind­Wt·a r isonu~ months. H ow l'3S\' it is to let so much of what law school is a ll about' ~o b.r uncomprehcnded, unsrunpled, a nti los t fon•, ·er.

Dean Chal'ics Ares and the faculty are worki ng ha rd to c reate an atmosphere w he re excelle nce, dedication and cnthusi a~m can flo urish. But they are not so ivory-towered as to be lieve these qua lities can be forced upon an individual o,·ernight . They mnst be nurtured carefully, developed through example and through weeding out of non-profes­s iona ls.

If too blunt and direct . Dea n Ares' programs must :-:.ure ly fa il. Only time a nd tria l will tell. If his enthusiasm ma kes him pres~ too severely. the Dean will have difficu lty a nd be fo rced to temper his unres t.

But Ill' dt •sen ·f's the aid a nd COOJ)erat io n o r every m~mber or the ba r and t he s tudent bar. ro r his only ;.:oa ls a re to ~t id each student he can to de, ·elop pro­rcssional att it udes, and to e,·entua lly eliminate those who ca nnot or will not.

He ma y be playing God within his profession, but the profession can only profit therefrom . The Dea n a nd the fa(·ulty a re doing a persona l favor to each s tudent who is bette r a ble to a pprec iate the requireme nts of t he legal pro­fess ion beca use o f their ins istence upon professional dedi­ca lion. Pride is . aft.c1· all, a pe rsonal thing.

Whew 0 0 0! And so ends the Advocate's first yea r of ex istence. l t s tarted s lo\\' ly. Few \\'l' iters wanted to gamble t hat it

\\·auld ever be printed. and thus few would write. Few ad­\ 'C I·Ji sc rs gambled, even fo r t he second issue. B ut by th is i.s!'UC. t he re \\'as no trouble finding contributors, a nd no trouble findin g e nough advenisers to pay for it.

I\cxt Fa ll , the Ad\'ocate will publish monthly bc­g:i nning with a n Octobf• r firs t issue , to g ive a freq uent and cffect i\·e \'OiCf: t o the S BA a nd open t he channels of la w schoo l commu nica tion. Our thanks g-o to a ll tho~c wh o worked so ha rd to ma ke thi!'< possible.

Specia l thanks have to go to J ohn Lacy, who really guided the Advocate in its infancy and assured a polished, professional product with ha rd work and quiet advice.

\Vc hope all Jaw student s , faculty members a nd a t to r­neys w ill reme mber the advert isers and frequen t them as much as possible to thank t hem for necessa ry financia l support.

ARIZONA ADVOCATE Vol 1. No.3

The Ar izona Advocate is published twice each semester by a committf'l' of the Student Bar Association of the University () f A1 izona. J ohn Lacy, Chair·man. Ed itor :\'ews Edit01 Business Manag:l" r·

F1·ank Ross H. Lee Evans

STAF'i"

Jack Willh1ms

Bil l Por'l£•r Robert Whilh!n

Steven Butler

Thomas Crowe Reid Southern

!f1 RI ZONA' ADVOCATE

Problems In Weather Modification

By I{A \' ,f . DAVIS Pro fessor of Law

W eather is a priceless Al'izona ccmmodity one which we zeal­ously merchandise to attract tourists. investo rs, industry. and im migran ts . Our dry climate. t hough, leaves us with inade­quate wa ter s upplies to fill the demands that will be placed on

demands that will be placed on them . T here ar e many rou tes we can t a k c in our search for ad­ditional water. One of them i,:; weather modi­r i c a t i o n through artifi·

cally induced changes in the nmount, t iming, and location o r precipi tat ion- r-ainmaking.

Whenever nature's weather pat t c r· n s arc intentionally changed. legal problems are ccr·­tain to follow. The College of Law has ent ered into a con trac t with the Bureau o! Reclamation to study the legal implicat ions of weather modifica tion. I have been designated as pr·incipal in· vcs tiga tor in this pioneering ef­fort to explore a new area of law. Our pilot pr·ojcct is focus­ing on three areas: f 1 I Evaluat· ing tech niques to ascertain what lega l problcml' are involved. 121 Al'sembling statutes, cases. al'll· cles, books. and repor·ts dealing with weather alteration. 131 Pre· paring a report listing legal is sues crea ted by efforts to change the weathc1· and presenting a plan Cor finding appropr·iate an· swers.

Cloud seeding is the p1·incipal means ror effecting changes in the weather. Various substances - such as crushed dry ice, silver \cdid<', water. and sodium chlo· ride- have been disbursed into cloud masses from airplanes. ground generators and roc~ets.

By providing nuclei around which Ice cr·ystals and outsized cloud droplets form . they can cnuse the beginnings of reac­tions within the clouds which lead to precipitation.

Man's capacity to modify the wea ther has progressed greatly during the past two decades. Whi le increase in rainfall or snowfall is a priority matter in Arizona. thC'rc are a number of other potentially u~efu l aspects or this activity. Dissipation of cold fog is now a matter or op· Prational implementation; warm fog dissipation has not yet been solved. but a solution might bl' ava ilahle In a few years. Hail and lightning supp,·ession ap· pear feasible. It a lso might be poss ible to modi fy severe storms such as hunicanes ancl torna· dos.

Mdy, 1967

" I OON•T ~ TO FR\6f\1EIJ YOU A1301.rr 'mE URC.0MIN 4 'TORTS EMM.INI\T\ON- IWI

fOR TIIOSE Or' 1/00 IA!t\0 /\~ L...OOKI~6 !"'R A lol f:M;'( WA.Y 01.1> •• •• ",. "

t£i.draurmnm:!! ~rit

,Getting Dirty' Is Part Of Game

(Ed. note, the Writ is a gue.H editorial column open to tmy student in the College of Law who wishes to submit ma­terial. The opinions expressed do not necessarily reflect the editorial policy of the A rhona Advocate.)

By Gary L. Stuart

Mr. B, law student ordinai re, asked Dean A, the quiet schola r: ''What is this study of t he law that you insist we engage in? Why can't we s imply read a little 'Gilbe rt,' play a little golf, a nd expound at length?"

Said t he Dean to Mr. B: "You' re a college graduate, let me expla in it this way. OnCe upon a time two third-year men were on a roof and they climbed down the chimney. One's face became sooty. The other's not. Which one washes?" Mr. B said: 1'That's easy, the sooty one of course." Dean A said: "No. The man without the soot looked at his friend , saw that the man's face was dirty, as­sumed that his was too, and washed it." Cried Mr. B : ''Ah ha! So that's the s tudy of law. Sound reasoning."

But Dean A said: "No, no. You don't understand. Let me explain again . Two men on a roof; they climb down a chimney ; one's sooty, the other's not ; which one washes?" Mr. B said: "As you just explained, the man without the soot." Dean A paled: "Absolutely not, my son. There was a mirror on the wall and the man with the dirty face saw how sooty it was a nd washed it." Mr. B said : " Ah ha! So that's the study of law! Conforming to the logical." Many t•conomk· benefits would

flow from these aclivities. Rain· maki ng a lone could: 11 1 pr·ovid<• But D ean A said : "No, you fool. Two men climbed down supplemental surface watc1· sup- t he c himney ; one's face became sooty; the other's not ?

~~~si:m~r~~~\';~c~~~~1~~~~~~~1t~~ That's impossible . You're wasting my time with such a ground water rescu1·ces: 13, im- proposition." Mr. B said: " So t hat's the law. Common provl' water quality control. sense! '' minimizing the sedimentation. salinization and pollution of wat ­<'rways ; 1-1 1 make pos!;iblc more effective contr·ol of the quantity of surface wall!!' aiding navi~a­

tion and hydro-electric power generation ; 151 help management of drainage in was te land and in coastal areas: ar'ld 161 assist in fin• pn•vention ancl supprc~·

sion. Conflicti ng w~ath c r rcq uii'C·

m<':l tS of l;<'oplc, however·. <'an create legal difficul l!cs for th:: wcat ll cr mod ifi Pr. For example, fo1·ma tion of hailstones might be pl ·cvcntccl. by causing forma· 1 ion of ice crystals which lead to rainfa ll soonc1· than clouds would normally give up prccipi· tation. Person~ whose grain crops would be damaged by hail would. of cou J·se. be delighted to prevent such storms. In the ~arne r·egion though, other per­,·cns might wish Cor· pr·ecipita­Uon in as abundant amount as nossib le, inespective of whether !t took the form of hail cr rain . If Indiscri minate suppress ion of hail diminished prccipitalio:'l ,

And Dean A said : "A bit gullible aren't you? Of course it was possible. Whe n the first man climbed down the chim­ney he brushed the soot a-way, so the man who followed found none to ma r him." W hereupon Mr. B beamed: 10That's brilliant, Dean A. Law is getting a t the basic facts!"

So for the last time Dean A said: "Shades of Fegtly! Your lack of wit is exceeded only by your stupidity. Who could brush a U the soot from a chimney? Who can ever understand all the fa cts?" Humbly, Mr. B asked: "Then what is the rea l s tudy of law?" Dean A said quietly: "It's doing the best we can to ascertain the scope, intent, and purpose of t he law; for t here were indeed two men on a roof a nd they did climb down the same chimney. The first ma n emerged completely clean while it was the second who was covered with soot, and neither man washed his face, because you forgot to ask me whether there was a ny water in the basin. There was none."

As Dean A drove quietly off into the setting sun, Mr. B was struck with a quasi-original thought. Intellectual curiosity is essentia l because he who glories merely in his knowledge of the law is like the carcass of a dead ass lying in the road. To be sure, the rotting beast attracts the at­tention of a ll, but whoever passes by holds hand to nose. For it stinks. •

!Continued On Page 61 OSee, 1. M idtm•r , Tltc' Smm·1•, p. 520. 524 tl965). Digitized by the Dame/ F Cracchiolo Law Ltbrary, James E Rogers College of Law, Unive~i of Ar ona, II Ri hb. Re-t to

May, 1967 ARiZONA ADVOCATE Page 5

Letten To Editor

Third Year Student Registers Dissent

t\ce. I could not help but won­der If he too had been unrecog­nized by the facult y and his classmates at some earlier Hon· ors' Junch('on. If tha t happened, obv ious ly it did not deter h im . Community service I~ its own reward and needs no other , you may Ql·gue. So also, I answer, is schola rl y achievemen t Ol' any otller accomplishment.

Editor: Like many third year students

who are about to go through those wide glass doors of the lobby Into the outside world of law, I have had many thoughts about the contrasts between the world of law Inside the doors, of which we have been a part for three yea rs, and the world of law of which word pictures have been painted by members of the College of Law faculty. No one professor has attempted to paint the whole picture: in· s tead a mural has evolved piece by piece - depicting the new lawyer in a montage of roles.

In one respect little or no con­trast exists. Ideally the new law­yer model for our professor-art· lsts Is the possessor of wide knowledge. Here the college con­trast Is at most small because a great deal of in-school recogni· tlon Is afforded those who so excel: Law Review membership and edi torial positions, Dean's lists, and Honors' Day awards.

But an avoidable contras t ex­ists between the professor-paint ­ed role o! t he new lawyer who works very hard for others and many of the financially reward-

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ed protagonist-models on our ivy-bound stages. With rare ex­ceptions, scholarships and mone­tary recognitions in the Univer­s ity of Arizona College of Law are awarded on the sole basis or academic achievement. Although outstanding scholars should con­tlnute to be recognized and re­warded, I decry the lack of help to those students who have made above-average grades while at the same time earning a living and perhaps supporti ng others as well . Of al umni I ask the question , Why not more scholar­ships based on !inancial need as well as scholarship?

M y plea to the faculty and students of the future whom we leave behind us with in these ivy­bound walls Is this: Take a mo­m ent from the grading or the studies which are ri g htfully s tressed to look at you,- student ~.; or your classmates. T here arc those among you who have al ­ready co n tributed to this law school community through t ime, ideas, and efforts. The next time there is a n honors program. more than Individual academic ach ievement should be recog­nized. Any selfless Indi viduals in the College who have given greatly of t hemselves for others shou ld be honored for t hat type of achievemen t regardless of whether they have already been honored for scholarli ness. Ethi· cal. selfless behavior cannot be taught. But in the world seek ing to train new lawyers toward a model of ethical. sel fless behav­io r, such behavior should at the very least be encouraged and recognized.

ESTABLISHED 1919

Consider the even more tragic irony of a professional college which paints the role of the new lawyer as service to his fellow man, communi ty, s tate. and na­tion, and a faculty and student body which fa lls to so much as introduce at an Honors' Day luncheon many among its s tu­dents who have worked t ireless­ly f01· the community of their fellows In the College o! Law.

m-;-::;x.~hm'ft~!Wfft'l@'#.$i&P"#.WUt-;;;MJW~.x;;...;::x~

The irony of that last Honors' Luncheon was extremely obvi­ous to those of us who had the full mural of the outside world In our minds' eyes. After the conclusion of awards, the speak­er was introduced with praise for his sel!less dedication to t he community o f his fellow man by rema ining to serve In govern­mental roles rather than going into more lucrative private prac-

What price is paid for doing otherwise? Look upon those ex­Iti ng through the wide glass doors. Many who could have served as new lawyer models

<Continued on Page 6)

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Page 6

Problems In Weather Change (Cnotinued F rom Page 4 )

thei r in terests w ou ld be injured . T hey mig h t seck to e njoin weathe r mod ification a ct ivit ies.

Li ghtning s uppress ion m ig h t also br ing about a con flict of In· tc1·ests. ll has been theor ized tha t by inhibiti ng bu ild ups o f la rge convect ive- type clo uds, lightning storm s might be pre­vented. This, howcvc1·, could pos­s ibly decrea se th e •·ainfa ll tha t normall y wou ld have falle n in an area and would adver se ly af· feet the in terests of persons wa nting 1·ain.

Seeding cold fog ba nks wi th d ry icc not on ly improves v is i­bility a long airport ru nways and assists aircraf t landings, bu t also rcs uil s in snowfall in and nea t· such ai r fields. Shou ld t he snow ca use motor vehicle acci­den ts on adjace n t hig hways, the weather modifier face:- pot(.•n· tia l lawsuits f01· the consequenc­L'~ of h is actions.

Staggering po t ctll i <~l lia b ility co ul d resu lt from SCVL't"(' s torm changes . If it becomes possi ble to .s teer lnu ri cancs. to changC' thei r tra cks. it would be of im· nwnse economic benefit to the country as a whole to divet ·t such storms from heavily popu­la ted areas w hich would lie in t!w it· pa ths to l<•ss po pu lo us re­gions. Pe t·~on1' who~<· i nterest~

wct·e injured by the s tot·m on its manmade track wou ld really be n•l\dy, willing and a hie to sue.

ThL·tc are al:-o watct· law p rob­lems. Pe1"11aps eloud seL•di ng ca n inc rease the :-~ now fa ll a long th e westenl !' lopes of the Rocky ?\l ountains. thus dc{•pcning tht• snow pac k and inct easing the ~pl"in g nm-off. This en•ates .!'<'·

rious questions as to J>riodtil'S and ownl·t·ship of the rL•sultin_q inct·eml'llt in ~tream flow .

Addi t iona lly wea tlwr m od ifi­cation t·aises con~t i tutional law ques t ions. leg is lative and ad­ministrattVI! matte1·s. a nd d iffi­cu lties de rivl•d from gove m · m e ntal ope ra t ion o f pr-eci pita­t ion mod ifi ca t ion efforts. Fu l"tl\· c n no re. act iviti<':-; d<'s ig ncd to in­c rea sl! rain and snowfall are not a l wa\'~ co nfined wi t hin the na ­t ion;:ll boundaries. Any im pact upon other na t ions. w he ther in­h'IHional or not, w ill c1·ca te in· ternationa l p roblem:- whic h must be resolved in lig h t o f ex­isting or fut un• t1·eat ies and e x­l'Cu t ivc ag reements.

T he legis la t ive and casela w h·amcwork wit h in w hich W('at h­l' r modifica t ion activit ies at·c now gove r·ned is to ta ll y inad£>· qu a t{'. Such case:- as px is t arc generally t·c la tcd to liabilit y p rob lems on ly a nd have flo un d­ered on the qu( •stion of ('sta b­lishing pt·oximatt• caus<'. Abo u t half the s tates ha\'L' o ne so n or

anothe r o! leg islation, bu t such laws are rathe r primitive. N u­m erou s fede ral s tatu tes have been p ropos ed, but un t il now the re has bee n no In-depth s tudy upon w hi ch s uch leg isla t ion cou ld be fo unded. It Is o u r aim to provide, in the Weathe r Mod­if icatio n Law Project. s uch a s t udy.

This semeste r I have s pent a th ird of m y time on our s tudy. Norma n S to1·cy and J im Gries have wot·kcd a s s tude n t ass is t · a nts, and Marybc th Conner has been o m· sec reta ry. In th e s um­mer Norma n S tore)· will work full-ti me on the project , a nd a ft ­er the bar exami na tion. J im Gries will ix'co me a fulltime n~­

scarc h a ssociate. \.V hen the p il ot s tudy is completed this summer . we hope to unde t"tak e a full­dt·ess p t·oj ect w hic h will ex plo re in depth the issues rai sed a nd a rl"i ve at mea ningfu l concl u­sions. This pt"incipa l p roject shoul d ta ke two years' ti me. 1 wi ll devote ha lf- t im e durin g the :-;chool years and fu ll-time du r­ing tlw Sll nl!ller~ to t ll i ~ c ffo t·t.

Duri ng the coursl! of the p ro­ject other s tudent assistan ts w ill be e mployed. Also la.w school gt·aduates will he hi1·ed as full­t ime rc:-eat·ch associates. The \Vcathct· Mod ifi ca t ion Law Pro­ject givC's s tudC'n ts and young la.wyl!rs wot k ing on it an OP· por tunity to do research, to wri tC'. and to h:t VI! publ ication c redit in a rww and exciting field of the law. It pt·ovides fot· interim t raininJ.: in legal sk ills. b r idging thC' gap be tween taw school and practi ce, and there­fo re is much li ke a j ud icial cle r k­s h ip or gmd uatc fc ll ow~ hip .

-- 0

Sixteen Try 2d Moot Court

H.r E ll II EN OIUCKS S ixteen finalists f t"Om last

year'!' Moot Cou l"l compe ti t ion pa t·tici pated t h is semeste1· in the con test to de te 1·mi ne e ligi bilit y to go on to thii"CI yea r co mpe ti­ti o n , and e ve n tually to represe n t th e Law Co llege in the di s t r ict fina ls o f this na t io nw ide co nt est. Thc> second yca1· com pe titio n in­volved the ti mely cons t itu t iona l q uestio n o f whe ther a s tatu te re­cen tl y passed by Cong 1·ess , w hich p t·ov ided c ri mina l sanc­t ions !o r the burn ing o f draft cards. was a v io lation o f the ri ght of f1·ee s peech unde r the Firs t Ame ndme nt.

The co mpetit io n was com ­p rised o f e ig ht teams. Each o f them s ubmitt ed an a ppe llate bri e f which was graded by Tu c­son a tt or neys Ri chard J . H an­na h, As hby I. Los he a nd Tho mas

<Continued o n Page 7 1

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Letter To Editor (Co ntinued from Page S)

are not s te pping Into the p ro· fess ion o! law. Even som e of those honored a t t he recen t luncheon do not Inte nd to prac-

tlce law. T oo many of the s tu­dents w ho have contributed the mos t to this law college com· munlty a re taking their ti m e, e fforts, a nd Ideas elsewh ere than to t he ou tside world o! la w .

Has the con t ras t been too

100 OFFICES

May, 1967 ..

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May, 1967

Major Changes Okd In Law Curriculum

By WAYNE C. BENESCH

As a result of cu1·rent review of the program of law study at the University, a number of Im­portant changes have been Ini­tiated. aimed at Improving that program. Particularly notewor­thy arc new developm~>nts In the areas of admissions aud curricu­lum.

A dmissions Two Important requirements

have been added in this area: 1. An applicant for admission must hold a bachelor's degree from an accredited college or univer­sity; and 2. he must take the Law School Admissions Tes t. Upon meeting these require­ments, an applicant may be con­~idcred for admission. The grade point average of the applicant will be considered togctht!r w ith his score on the Law School Admission Test, and other relc· vant data, and If the resu lt in· dicatcs a reasonable prospect of success in the study of Jaw, he is then eligible for admission. Through this process. it Is hoped that a somewhat smaller class will begin study each year, and that a substantially hig her percentage will complete the course 1·equirements for gradua­tion.

Curriculum The course of study leading to

the newly instituted Juris Doc· tor degree has been substantially altered from that offered In past years. The face·lifting began In the current semester with the of­fering of five seminars. The Le· gal P!'ocess was taught by Pro· fesso1· Robert E. Clark, us ing the Hart · and Sachs materia ls from Harvard. Not yet in hard-cover form, these are considered to be the most sophisticated materials ever put together in the legal process field.

Land Usc Controls was taught by Professor Wallace Baker, who made use of outside speak· ers in treating specific areas. P rofessor John Lyons p1·esided over the seminar, Problems In Con tract Law. An Estate P lan· ning sem inar was taught by Pro· fcsso1· James Lenoir. A seminar entitled Public Law Today was conducted by John P. Frank, with the aid of Dean Charles Ares. The cou rse Involved an extensive study of the United States Supreme Court as an In· stltutlon, an in-depth analysis of recent decisions, and Moot Court presentations of ca~es cur­ren tl y on the dock~t. Mr. Frank, a p3i"tnc r· In a prominent Phoc· nix firm, and recog nized as an €!xpcrt on the Supreme Court.

commuted from Ph0€nb: to Tuc· son In order to meet the class.

Extensive changes have been made In the curricu lum for the coming yea1'. In the area of re· qulred courses. Resea1·ch and Writing, Appellate Pmctice and Moot Court, and Civil Procedure I have been added to the first year requirements. The course in Equity has been replaced by one entitled Judicial Remedies. and the courses In Tort s and Prop· erty have been assigned fewer credit hours. In the second yea r, Criminal Procedure has been expanded and Agency shor·tened, each being made a two hour course. Trusts, p!'evlously an elective, has been combined with Wills and Adminlstl'atlon to form a five unit course entitled Trusts a nd Estates. Civil P ro· cedure is conti nued into the sec­ond year and Federal Income Taxation has been added as a requ irement. In the third yea1·, Pr·actice CoUI·t and Trials and Appeals have been combined in a three unit course entitled Trial Practice. The course In Profes· s ional Responsibility has been s hortened to one hour. In or·der to compensate for this, prob· lems in et hics will be raised in other courses as they apply.

In the field of e lectives, new orrerings for the fall semester include Federal Courts, by Mr. Wood, Advanced Problems in Corporations, by Professor HoCC· man, Selected Problems in the Law of Torts, by Mr. Kimble, a Land Deve lopment Seminar, by Professor Baker, and a Legal

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Aid Seminar-Clinic, by Dean Arcs. Though plans for th€' Spring Semester are not com· plete, tentative offerings Include a Juvenile Delinquency Semlmu· by Professor Rappeport, a course in Leg islalion. and a new property course, Modc1·n Real Estate Transactions.

i\ll nlnuuu Lo11d t;stnblls hcll In addition to the above·m<'ll·

tioned cha nges. those pe rso ns sc· lected to wl'lte for the Law Re· view will be given up to five units of credit for publishab ll' material. Another not a b I c change Is that eigh ty-five cradlt

hours will be 1·equired for grad· uatlon, and minimum course loads have been established.

There arc numer·ous reasons for thi s extensive revamping of the course or study. There is a desire to give the s tudent~ gn•at· c r· oppo rtunlly for ex tensivt' rc· ~Parch and legal writing , to make bette1· usc of the faculty in the teaching process. and to bring this CUI"I'iculum Into line with the needs of the Jaw stu· dent in order to prepan• him for the increasingly sophist!· catcd lega l problems he will mee t as an attorney.

81 Students Honored At Annual Law Day Luncheon

Page

Moot Court {COntinued from Page 6)

A. Zlakt•t. The compe titors then pr·esentcd Individual ora l arg u· ments unde r actual appellate co urt condi tions. presided ovct' by three Justices- Dean Charles E. Ares, and Tucson attorneys Edward W. Morgan and William E. Kimble.

The winnmg advocates. In or­der of tolal composite scores. were .John GrNtCI'n, \-Vllliam Platt , Nor man Schwartz. Dav id Liebert hal. J.\('nncth Spring, Thomas Crf)wc. Larry J oh ns. and Sh!plwn NC'c·ly. TllC!'C indi· viduals ,.,.·i ll be C'ligib le for third yea1· t•orn]>Ptition, and, along with alternates \Valtc•r Gane t· !'Oil and William McGiml'ey, will

Eighty-one s tuden ts received awards at the annua l Sprin~ Law Day held at Skyline Coun· 11·y Club on April 21. Thomas C. Lynch, attomey general or Call· fornla, spoke at the luncheon.

Hardv Prize was awarded Wan:cn E. Platt.

10 compl"isc• till' Moot Court Board fm• next year.

Highlighti ng the awar·ds pre· sentntlons was the fi rst awa rd· ing of the Ralph W. Ai gler Me· moria! Award or S500 to Pete1· G. Dunn. Other awards and their 1·ecipients were: Martin Gentry Scholarship, Ga1·y L. Stuart: Harry 0. J ulian! Scholarship. Gerald W. Alston; Pima County Bar Auxilia1·y Schola rship, Rich· ard T. Ball; Lawyers Title Awa1·d, Hamilton E. McRae, III: United States Law Week Award, John E. Lundin; and the Ari­zona Law Review Pdze, James C. Gdes.

i\l oot Court Awards l n the Moot Court awards,

Daily Reporter Pl'izes went to John H. Daniels, William H. MC· Lean, James M. Moeller, War· ren E. Platt, Norman A. Schwartz, Kenneth B. Spring, Walter H. Garretson, and Wil­liam R. Platt. The Toney A.

Firs t yea r Law Student Philip Tower has been accepted as a summc1· In tern for · the-Law Stu-

The Ralph E. Long Mt•morial Award went to Thomas K . Hf'r· man, Jr., and the followln~ s tu· dents wc1·c awarded Arne l'ican J ul"isp rud encc Awards for the top paper in the various cou r!'e~· dul'i ng the fall semester: Ronald J . Raben, Michael V. Mull'<thy, .John M. Grcaccn. Jamps W. Johnson. Michael H. Moore , J. Wi ll iam Brammer.

Also, Heather A. Sigwol"th, Jon R. Cooper, Stephen H . Scou. John J. McLoonc, Peter G. Dunn , Loren W . Coun ce. Richard T . Ball, David S. Rosentha l, John C. Lacy, David W. M iler. Ga1'th V. Smi th, Marshall A. Lt•hman, and Wil liam L. McCim~f>y.

On April 22, at thc St·n ior· Bl"(•akfast he ld at the Aztec Inn John E. Lundin was awardl·d th(' Leste r· W . Fcezer Award as the student chosen most likt-ly to s ucceed in practice. Also tlw Most Helpful Professor· Award was given to Prof. Willard C. Van Slyck. Jr.

den ts Civil Rights Council, a na· tiona! organization. He will work in New Haven, Conn.

Special rc•cognition went to Tlw fir·st pi3Ct' and honor brief team or Schwartz and Spr·ing, :.md to thC' second place team of Plall and c:a r·r·•·t!'on.

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jO S H TAI Z

JT JS HEREBY ORDERED THAT ALL READERS OF T illS PAPER A l'l' E,\R AT , . P AR K & 6TH PHARM ACY ANY DAY HE­TWEEN 9 AM AND I 0 PM. THEN AND THE RE TO SI·IOW CAUSE, I F ANY TilEY HA VE. WHY T il EY SIIOULD NOT I'A· TRONIZE SAID P AR K &. 6TH PI·IARMACY.

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