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The Advocate, 1985 The Advocate, 1980s

1-28-1985

The Advocate, January 28, 1985 The Advocate, January 28, 1985

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Recommended Citation Recommended Citation George Washington University Law School, 15 The Advocate 5 (1985)

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The GW, 1 ; , .~ f' I' P" '

lIoca eThe~.w.paper of the National Law Center

-------~~~~---------:,'."-:}:f'.f?r~'.' 77. ,~--:"'-",.:-, 7------:-~--:"'------:..-------Vol. 15 No. S' Jan. 28. 1985,

LawY!r~protest~Apartheid "N oW' in the tenth-week of protests,

over 700people have been arrested in D.C.and in 14 otherscities, ' according to ,organizers of the:' Free South Africa'Movement:· ,. Several persons frorntheNLC. also

participated in the Lawyers' Day protest:The· faculty was represented by Prof .

Mary Cheh. Cheh had spent the 1983-84It was an interesting group who braved academic year teaching at a university in

the cold to, protest Apartheid policy. South Africa. She has spoken out againstLawyers and law- students,many·from the South African government's racialNLC, participated. Briefcases and The policies several times since her return toWashington,Post were tbe.normr.Some the. NLC last semester. 'protestors arrlved- in taxis' while others Several observers estimate that betweenweredropped off by limousines. The scene . 20 and 30 students from the NLC attended"wasdrastically different than the protest •the protest. Kent M!Jrphy, SBA president,marchesof the '60S and '70s. and Nina Kimball, editor-in-chief of the

, .r •. ' Law Review, both marched during theAmongthe eight arrested at the protest later' afternoon. ' Other student

were focmer attorney general Ramsey organizations represented at the marchClark,former U.S. representative Robert " include: BLSA, The Advocate" theDrinan,a Catholic priest whO teaches at National Lawyer's Guild, LawGeorgetown Law . ,Center, •.•.and Goler - Association for Women. . ,. . 'Butcher, a~'formerAgent·· for' In- .... AlsopresentaHhemarchwereseveral - , " . h' h .=~"':iI;~~;p,:~;Z~';rt~~;tt~~;~~~~:~~~";~~,,;(;aug,.t Wi.' "",Pant!,l).ownatSpal".

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by Liz Marcus and Karen Wachs fifteen days after the sale without the needto state a reason. You may cancel by'sending a. written notice by' certified or

,',registered mail to the spa, enclosing withthe notice a doctor's certificate if can-

.' cellation is based on medical grounds. You.need only pay ..for services through themonth in which you cancel, plus a can-cellation fee (5. percent of the contract

,;price not to exceed $25).

-:";,,.,-.,

by Jack Williams;':~

"Lawyers' Day" at' the South AfricanEmbasSYsaw one of the largest crowds ofprotestorsto date. Thecrowd,estimatedat 750 by the police; was so large thatprotestors marched" on both sides. ofMassachusetts Avenue in three lines.' ;.'

Consumer H·E·L·P Clinic

'.:-"'-'~

Studen~$Join US Att'y Teamby Christopher Stock

Eleven third .•year students from theNLC will join Hill Street Blue's JoyceDavenport,this semester, as she takes hernew position prosecuting cases. Thestudents will be participating in a pilotprogram with the U.S. Attorney's Officefocthe District of Columbia working as"student prosecutors". in .the'office'sfelonyand career. criminal divisions ... '

According to Stephen Delgiudice, NLCcoordinator for the program, each of theparticipating students will be assigned towockwith a U.S. Attorney prosecutingfelOnies,and will have the opportunity towork themselves into the courtroom to'participate in actual prosecutions. Thegoal of the program is :to .allow eachparticipating student to argue at least one'contestedfelony motion where evidence isPI:esentedor.one non-jury misdemeanorInal, DelGiudice said. .,~het total number of.' students par-ti~lpating in the program is around 20,WIth the majority coming from the NLC,DelGiUdicesaid. Other local law schoolsparticipating in .the, program include:American, Antioch, Catholic, andHoward.Georgetown and George Mason

nechosenot to. participate this year, .lGiudice said. .

SAccording to AssiStant ~.s.Attorneyleve Freedland, who is supervising the

program, the D.C. U.S. Attorney's OfficeIS ~onsidered one of the. top prosecutors'~fflcesin the country'. The office has over00 Assistant U.S. Attorneys and

~osecutes thousands of, cases ,each year, .said." .

Question:_I recently signed a contract to, join a

local health spa which is about to open.What happens if (1) I change my mind andwant to get out of the contract;.(2) the spanever opens; or, (3) the spa goes out ofbusiness after. it opens?

, The program' is designed to give thirdyear law students.who may be certified toappear in court under District law, anintroduction ...· to' . serious" criminalprosecutions, DelGiudice said. The Answer:", ..... , . "program was originally instituted. in .the In response to the' problems consumerslate 19708, he said; However, due to have had with health spas and clubs,economic reasons; it was, discontinued Maryfand, tlie District of Columbia andafter two years, he, said. most recentlY,Virginia have passed laws

In a classic example of life imitation which provide consumer protections. Utelevision, the student prosecutor's par- these protections are not complied with byticipation in the program came almost as your health facility,' you- should contaet 'unexpectedly as Davenport's offer to join yourIocal Consumer. Affairs Office, the .ranks with the District Attorney on Hill Maryland or Virginia Attorney.General'sStreet Blues. DelGiudice was contacted in Office, or. the District. of .Columbialate November by Freedland who inquired Department of Consumer. and Regulatory.about the NLC's possible participation in a Affairs (DCRA), for assistance. "-program for the next semester. A notice to , How can you get out of a health facility -interested students was posted on the last. contract .if you change your .mind? Inday of .classes asking for applications." Marylaild.,ifyou pay for more ,than threeStudents. had to make the decision to months' services, you may cancel theparticipate and rearrange their next contract by delivering or sending writtensemester schedules while studying for notice (by certified mail, return receiptexams..; '. ,", requested) to the facility by midnight of

The _ U.S. Attorney's, Office was the third business day after receiving theoriginally looking for aboutroufstudents contract. The club must then refund yourfrom the NLC to participate in the deposit and any payments you have made.program, DelGiudice said, Response to the > The Virginia Health Spa Act provides for anotice was extremely large, with over 12 'penalty-free right of cancellation withinpersons applying from the NLC, hesaid", three business days of the-making of theThe. U.S. AttOrney's Officeieventually<,contract.-Theprocedure for cancellation isexpanded the NLC's participationwhen" . )dentica(t9that of Maryland and with theresponse from other law schools in the -', further .requirement that all monies paidarea fell below anticipated levels, c under the contract must be returned to theDelGiudice said. buyer within thirty days of cancellation. In''s " , the District, if you have an agreement for

tudents in the program will be more than thirty-days service, it may be/ required to work a minimum "f 20 hours cancelled if you can no longer use the

facilities due to illness, injury, change ofto page,2 a.ddress, or it ~ay be cancelled within

What if the / health facility neveropens? Facilities in the District must posta surety bond of $15,000 to protect con-sumers against the possibility that thefacility does not open within 12 monthsafter the date of the first payment by theconsumer. In Maryland, if the facility isriot open on the date that the contract ismade and is still not open on the datespecified in the contract, you may cancelthe contract. If you cancel, the club mustrefund you any deposit or payment madeon the contract: In addition,. if you sufferany damage or loSs because of a breach ofcontract or bankruptcy of the healthfacility, you may bring suit against the

_ facility based on the security they arerequired to pa;t ($50,000bond or cash or aletter of credit>. Virginia requires theposting of a $50,OOO'bondor letter of credit

, to page 2

Monday, January 28, 1985p.2 .,\ t.! :l~ v ,"')' ~ ;,~!. I ;;~l~T."••t

Devll's Advocate

'Internship at' the CIA~;'v;~r

u~wardly .mobile professionals halfwfned locustand lizard.pate will be~Y',troduced at' all the chic cafes by CIll·operatives. 'Somoza's, image wilI ~Arecycled: There is talk of a T.V. d edrama starring Tom Bosley as everyo~'favorite Generalisimo. Mel Brooks may~called in. to teach how .to 'make tortcute, as he did in,Part I of his HistoryUrefthe World: ',.. 0ANALYSIS: While it is important to ins'in the guerillas the requisite elitist feel:so .integral to Yuppiedom, too mu Srefl.nement d~tracts from their:fectiven~ as f!~hters. As ~e yupitizationprocess Intensifies, the will to live .

, creases. The average Yuppie rebel isIIll·likely to blow up power plants when hecessget raquetball reservations. This proble

anis being remedied by a merit syst~whereby dedicated guerillas have thopportunity to make "Rebel Partner" a~get a'! office with a private bar and ~oodpaneling. ' . .

Summer';, ..

by Michael Goldsmith

Th~ .CPO has requested that the Ad-vocate print articles revealing the. sum-mer .: employment .experiences of thefortunate few who landed jobs through theon-campus interviewing program. TheDevil's Advocate, after the usual footdragging, engaged in substantial researchand came up with this remarkable story.

My assoclate, Ale Van Data, obtainedCIA documents marked "Reasonably TopSecret" from Brono "Greta" zapinsky, aBulgarian double agent who was in direneed of cash in order to jet over to Den-'mark for a "Copenhagen Clip," so he (now. she) could compete in the women'shammer throw at the 1988 Seoul Olympics.zapinsky came into possession of the filesby exchanging the results of the latestsurvey of law schools ranking Georgetownslightly higher than G.W.,and a box ofWagnerian Opera 78's with the shadowyFormosan .Nationalist,Jhou Xelig Min,who initially discovered the files stuck tothe shoe of a known CIA operative as heleft stalllo-b(S) of the spy's men's room atthe Soviet Embassy. Presented here is an .....excerpt from a "Reasonably Top Secret"memo, written by a G.W. law' student,currently in his third year, after summer.employmen~ with t!tf,' CIA.

TO: Senior Partner, CIAFR: T. Anthony Stonedavid,RE: Operation YUPPIE.·DA: 644

. T';" .'"

OBJECTIVE 1:'" 'Make Nicaraguanguerilla warfare acceptable to the U.S.'public.CONCLUSION: Previous estimatesnotwithstanding, it :will take additionaltime related resources to concludeoperation YUPPIE (Young UrbanProfessionals in Espionage;' Ed.) toachieve. attainment of desired results.

. BACKGROUND: The complexities. of:Central American politics, (for example,explaining to the public which guerilla-government atrocities we are con~'demning, and which we are ignoring) are..not conducive to the. generation andsust~ining of any' substantial support,particularly among the superficial imageconsci~us young, upwardly mobile,.professional class. Much in the same waythat operation' ALOHA (AmericanL~dership for an Old Ham Actor; Ed.)which has already proved itself. an enor- .mously successful triumph of form over'

: . <' ,'-', ,.., •

substance, Operation YUPPIE has been.implemented to curry favor among the •lDcreasingly influential high-tech,. Briecheese-eating young bureaucrats andjunior executives who run the country.

In the, 1960'S, the youth of America• identified with and actually supportedcommunist leaders like Fidel Castro andChe Guevara. Part of the reason wasimage. At that point in time, youngAmericans had long hair, unkemptbeards, and wore old army fatigues. Itwas'only natural for them to sympathize withthese terrorists, due to the similarities intheir appearance and style. Today, thetrend has swung the other way,with youngpeople identifying more 'with clean cut;apolitical suburban brats like JohnMcEnroe rather than with shaggy urbanterrorists like Abbie Hoffman. The pur-pose of Operation YUPPIE is to sanitizethe Nicaraguan counter revolutionaries tofacilitate identification, and hence supportby career oriented, Mercedes driving,preppy segments of the U.S: populace:

The first thing Skipper, my associate,and I did was to appropriate the $14 milliondeposited in Honduras coded,. to .eludeCongressional scrutiny; "famine relief." .Part of the money-was used to establish acovert' factory on·the Honduran border tomanufacture and smuggle cloth alligators,to be sewn into rebel fatigues and belts.

The basic rebel uniform will consist ofkhaki pants, baggy as possible, loosely orunlaced topsiders, with socks generallyfrowned upon except in the rainy season,

, when they will be worn with L.L. Beanduck hunting shoes. The contra shirts,yellow, green, and navy blue, will be wornin layers, usually with a turtle neck as a 'base, underneath a top with the collar

'turned up; and covered by' ariArgyle~ea~ .....

The fighterS will subsist on bean sproutsand baked stuffed potatoes, 'with anassortment of toppings. Their' mess kitswill contain the usual utensils includingchilled salad forks, and an ivory toothpick. For-quick snacks, the guerillas willbe supplied with Molsen Ale, and a choicebetween dried pineapple or banana chips.A flask of Remy Martin will be standardissue to all personnel. Officers Will carryhigh quality "toots" and black glossymirrors. Silver neck spoons will ~ issued .along with dog tags. ., . When on maneuvers, all personnel nowpossess fluorescent insect zappers,Bergdoff comforters, Dolby Walkmans~i~r.netal tape capacity, and five Cunc-tiomng Rolex stainless steel, skindiverwatches.

To buttress sagging public relations

ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION! (ASK ANY. "REPEATER")

For over 40 years, LOUISA. KASS has taught man' hoapplicants how toATTACK, ANALYZE and ANSW~~ t:r:::tOdfifsf~ccletssEfulbarWHY TAKE ANY CHANCES? REGIS . . lCU ssays!twelve consecutive times!' TER NOW! We were over-subscribed

. l~- "

6 SUNDAYS,' CominencingJUNE 16 1985 (l t' 'PLAZA HOTEL, NEW YORK CITY 0 4 p.m.~ HOTEL BARBIZON

FEE: $250

/

..KASS PROBLEM ANALYSIS CLINICS27WILLIAM STREET

NEW YORK, NEW YORK 1000S(212) WH3-2690

, ' ~"", ::"1 ..

before the operation is at maximum im-plementation,: clean, shaven English-speaking rebels will tell .the . Americanpress how unendurable life can be under atotalitarian regime. For' example, DiegoHijo de Robin, former Somozan Minister ofTorture; will attest that what drove himinto the hills in revolt (besides the price on 'his head) included the official confiscationof his BMW, and the government can-'cellation of his subscription to "NewYorker"; acts of savagery that could notbut inflame the passions of any freedomloving Yup. . ; - ,

Fut~e activities" include emulatingwhat is presently being done by supportersof the deposed Shah of Iran, namely

·placing Nicaraguan students at American ". universities for the purpose of standing on

street corners to show passers-by graphic_ photos concerning the effects of cattle

prods when applied to the arm pits of lovedones still remaining in the old country.

At the same time, to bring the American,_'0'

"j

"., '

Health Spas frem p. 1 .for the benefit of the consumer where' a closing is due to the fault of the seller,facility fails to open within 60 days after Also, the security required to be postedbythe date of entering into the contract or the health facility may serve as furtherwhere the facility goes out of business protection for. a club which closed per'prior to the expiration of the consumer's manently. In either jurisdiction, othercontract. health" facilities may honor your mem:

If you cannot cancel you may wish'to file bership if your facility closes. Virginia'S: a . complaint with the local consumer Act provides consumers coverage WIder

agency where the contract was signed. the surety bond where the facility failsYou may also consider filing a suit in . prior to expiration of the contract.Small Claims Court. If the violation in- -'. .volves fraud or misrepresentation and is Iri order 'to avoid the situationsprevalent among many consumers, the discussed above,' you should take heed ofFederal Trade Commission may be able the following tips before entering intoato provide some form of redress for con- health spa agreement: .sumers. In this situation" you should . 1) Check to see if the facility is bondedcontact the FT C, Attn: Marketing .'"- but remember that the security coul~.be~S:~~ices ,Pivision, Washington, D.C. divided among all the health facility

members:'Inthe event that a facility goes bankrupt 2) Contact your local consu~er

when the security is still posted yoU erganizations to see if they have receivedshould contact your local Consum~ Af- any complaints about the facility thatyOUfairs .Office to seek the benefits of the plan to join. .secunty. If the facility goes bankrupt 3) Tak d ta ft . 10ffers-thiSwhen the security is no longer available way youe ac::n

o~:rv~a the . facility(as when the 3 month requirement fer ythingsecurity in the Pistrict has elapsed) then operations before you sign an 'uby4) Get everything promised to yo

,~you may wish to file a claim with the the facility in writing. in, ban~ptcy court. For further assistance 5) , Enter into short-tenn contraclSuid

onthlS .matter, low income Pistrict of. erOOr to minimize potential losses shoColumbia residents may' contact theConsum HELP problems arise. our6764971.er' Bankruptcy Clinic at 6) Use a credit card to pay fit Y ble

W~t ,iCthe': club sudd"enIy" cl~? ", health facility services. You may be~tifDistr.lct of Columbia law" currently \' to get a charge back on your 8edCCObythed services have not been perform

,pr()~ es no special protection fer facility ....flosmgs. If the closing is temporary (at ,fa~~lit~inaUY, ~ke the contra.ct hOrm~s~• east. one month), Maryland law generally' 'read it don't be a victim of high p their, prOVides the consumer with an extension . sales Since health spas depend upon that·~~~~~~~~~~~~:tr7;:::~refun~ T~e membership to stay ~bU:e;;tiU be

·glv,~ ,depends _. ~helb'";~';(~. I•';;:.:~l:l;-~~~.; Y.. ""~;: :'.,. ~,

" continued from page 1

per week at the Superior Court, and willearn 4 graded credits for their efforts,according to DelGiudice. The students willbe graded by their supervising attorneysand by DelGiudice, who will have access tocopies of all written work done by thestudents, he said. , . -. '

The student prosecutors have varying'reasons for, participation in the. program.Several expressed interest.in working in

•• _ ,. " > •• 'c·' ... · .:',.'

prosecution after graduation and thoughtthe felony expe;ience would be helpful,Others thought It would be interestingtosee wha t it was like on the prosecutionside

/ of the courtroom., DelGiudice said he would like to seethe

program become an established part ofthe.NLC's clinical programs. However thedecision, he said, would be up to the'U.S.Attorney's-Office.;~'·' !

....V-._..J' ........ _. '"-ou, ..- ........

~t"t~('u':1A :t't\; ~t.l

Rethinking a DiHicult Decision L.A.W.Eleds Officers

The GW' Law Association for Women(LAW) elected new officers at its first-meeting of the semester on January 17.First-year students Robin Haffner (Sec.m and Mindy Weinstein (Sec. 12) willhead the organization as co-eoordinators,and Thierry Barston (Sec. 14), also a first-'year, is the new treasurer. -

With substantial first-year enthusiasmand upper-class support, -LA W isreorganizing and' revitalizing. This,semester's agenda includes the traditionalcelebration of Belva' Lockwood Day in the .spring, with a program such as last year'spanel discussion and evening coffee-house.LAWmembers will also attend the Women'in the Law Conference to be held in NewYork.

New activities' are in the planningstages, such as sponsoring feminist films,

, and organizing a volunteer child carenetwork for GW law students. LAW alsoplans to build a resource library and hold,office hours to better address the concernsand needs of women law students.

LAW's . next meeting i~ WedneSday'January 3Oat4:15pm, LAW welcomes allwomen law students and professors, andtheir ideas andconcerns. ,,-' •. , ..

bYTherese Lawless

Jlalfwaythrough my law school career,cationbrought an opportunity to reflect

vaer the past year and a half. I spent theOI'stweekatmy family's permanent homepa Cape Cod. There I indulged in longInalksby the ocean and late nights by.the:oodstove. Twice,' last -semester, Iescaped to the Cape. Although I wasrepeatedlytold that the first year of law, 'schoolwas the, most- difficult, my ownex rienee told me otherwise. In the firsty; it was simply law student vis-a-visjaW ~chool.The. rest of life's happeningswereeasily put on hold. - •Butsecond yearwas more complex; as

Ihesphereof my existence grew, I realizedthatI was now a law student vis-a-vis thewocld.For many this was, perhaps, just, -:

! anotherstep on the road to practicing law .:Fit me, .it was' a time. of searching,reflecting,and balancing my values withmy newlyconfronted world -. Away fromschool,away from the city, and away fromwhatwriter and monk Thomas Merton'called "the collective illusion," I gainedsomemuch needed, perspective.I came to law school with the intent of.

eventuallypracticlngenvironmental.law.Althoughmy background in the 'natural'sciencesseemed unlikely to take me intoIhelegal realm, I, recognized the im-portanceand power which accompaniedlegalknowledge. Visiting my sister atBoaldtHall at Berkeley in the earlyseventiesand later' working with her in theareaof employment ,discrimination ·law"whilesimultaneously watching my brotherpracticecriminal law.d realized that law,offeredan opportunity to combine careerzandpublic service.. After; all, hadn't Lalwaysbeen taught that my;work,shouldr;,

re a service, acontnbutlont-

BrieflY, - last semester, I was ledastray, As interviewing season, ap-proached, I "!h"opped" my resumes in thefolders of the unknown. Environmentallaw was practiced by some firms, but notfrom the' perspective I .originallyimagined. Home owners in the Love Canal

, area ..couldn't afford these firms, butHooker Chemical Company could. For a

.week I rationalized what I was doing. Itwould be a good way to gain experience. Ineeded the money to finance my last year

, of school. As One attorney told me, it is anadversarial system, I am an advocate, andboth sides are entitled to representation. Ibelieved. For one week I believed. When,the time came to follow through, I fled.

My walks on Nauset Beach the next fivedays were like a calm after the storm. Atthe beach I relearned the basics. Iremembered why I was in law school.. Irecalled the ideas and" readings I. ex-perienced as an undergraduate. AldoLeopold's notion that land is communitycame circling back to me as I watched thefishermen unload their catch while thegulls swarmed hungrily overhead.

.Later that night, curled up in mysleeping bag, I saw the stars again. The :street lights of D.C: had deprived me ofthat natural wonder. Besides, my pace inthe city at njght was quick; there was notime for star gazing. I was no longer a lawstudent, not even a future attorney. Onceagain I was simply a sole being in the largenetwork of life. , "

Three weeks later I regained this visionwhile hiking through the Shenandoahs inVirginia. Law school was easily put intoperspective as three deer lumberedtoward us' on 'the' trail.tAs' the' semester

\

progressed 'I often retreated to thosemoments when tensions rose' and an im-pending exam took on too much im-portance. .

I~m the first to ackno~ledge that' I'was not always successful and, near theend; I found it necessary to once againreturn home. In a disheveled state, Iwondered what it was I was doing in lawschool. I contemplated not returning thissemester; In the previous week at leastfive very competent classmates revealedfeelings of self worthlessness. Why.was itthat law school had a way of making usfeel so badly about ourselves? Was it ourown undoing? Were we losing at the gamewe were always so successful at? Itwasn'tsimply a matter of job offers or interviews,for even those who went from luncheons toweekend .: excursions, expresseddissatisfaction,

I still can't answer many of thesequestions and I doubt I ever will. As 1985approached, 1 felt relieved. A tumultuousyear, a difficult semester, was history. ButLam no fool. There! is certainly more tocome. As Alan Watts says, "It weare tohave intense pleasures, we must" also beliable to intense pains}'· As·l experience

-the growing pains which accompany myattendance here;Thope I can maintain aresemblance of sanity., .

Whether· this be through periodicretreats to the wilderness or through dailywritings in my journal, I know now thenecessity of maintaining a balance in mylife. I hope too that I will .never view,'myself as an attorney, an advocate, firstand foremost. I am, most importantly, aperson, a human being, and; as such, I:mustfoll~\\I ~y heart. , . :,:C;, , • J

I.. _:r.. ".,::(- '.":':', ' . -~ :"i· >' _.:.'

Submissions-Welcome -.Coniments, ideas, and suggestions are

eagerly welcomed by The Advocate.Interested persons' are encouraged towrite articles and letters to the editor , .todraw cartoons, and to submit anything youthink important to the law school com-munity.

Make your voice heard at the law schoolby writing to The Advocate.

is .currently studying the composition ofthe NL C student body to determine waysto enhance the student profile. TheCommittee will make recommendations tothe faculty for recruiting those types ofstudents the Committee believes willbenefit the NLC community. As part ofthis study, and in view of the potentialdecline in evening division admissions, theCommittee is analyzing ways to heightenNLC's recruitment of typical night schoolstudents. The better the recruitmentprocess, the more likely NLC will drawhighly qualified candidates. .

In an effort to discover better recruit-ment methods, I am .requesting thatstudents submit their ideas for recruitingevening division candidates. A box islocated on the third floor of Burns for thispurpose. Students also may leave 'their.

,. , name and phone number at the SBA office.It will be particularly helpful to have in-formation on professional associations,service organizations, or other networkswhich would provide effective channels topotential applicants. '

The student body's enthusiasm and, effort which helped achieve the Trustees'vote is still needed. The "common pool"

, admissions process should not be the final, word in the belabored night school debate.

Dianne L. LawsonStudent Member,

.Committee on Long-Range Planning

To the Editor:On June 8, 1984,the Board of Trustees of

George Washington University voted notto abolish the evening division at TheNational Law Center. This decision by theTrustees was, in part, a response totremendous advocacy' by both NLCstudents and alumni who opposed adecision by the NLC faculty to end the'night school. .

, Although the Trustees' vote provides fora continuation of the night school, thosefavoring retaining the evening divisionshould not be lulled by a false sense ofcertainty about the eventual effect of the'Trustees' decision. That decision man-dates that admittees to NLC be selectedfrom a common pool of applicants. Thismeans that when the Admissions Com-mittee reviews applications, they will notknow whether the applicant is seekingadmission to the day or evening division. Itis at least possible that as a result of such aselection process, too few night studentswill be admitted to justify retaining theevening, division, vitiating theachievement of the Trustees' vote andcausing NLC to lose the night school bydefault.

The Committee on Long-Range Plan-ning (formerly The Committee of the 80's)

HoRN:BooI<s

• -A""f

",MondaY'.January 28,,19851p,,4

)

CoHee Service Turns Profitby Christopher Stock

Coffee and doughnuts sold last semesteron the third floor of Burns Hall brought ina $620 profit to the SBA, according to SBAcoffee manager Bill Haskel.Ap·proximately $4OOwillbe distributed to sixstudent organizations that assisted, in themaintenance and stocking of the coffee

, area. The remainder of the money will beused by the SBA, Haskel said. )

, Group; sharing the money includeSIPLA, Student Health, Phi Delta Phi, theNational' Lawyer's Guild,BLSA, andAPLSA.

The SBA took over operation of thecoffee'service this faIl after the move into

, the new building was completed, Haske!said. ' , '

"In previous years the service,locatedin the basement of Stockton 'Hall, wasoperated as a business by several NLCstudents. Haske! said the students decidedto discontinue the fOl"-profitventure whena dispute arose between the student coffeeservice and NLC administration overinterim coffee service during <;Ol1$tn-.:tjOO.

Dean Potts oversaw itheJnstallation ofthe new coffee eqtUptneri'fin Bums Hall,after construction was completed, Haske!said. Use of the machinery is free as longas Macke Coffee Service products .areused, he said. '

The SBA decidedto'rdD'the service afterno one else came fOl"Wardto operate it,Haske! said. "We felt it was important fOl"'students to be able to get a cup of coffeewithout having, to.nm across, the ,street,"he said. C,Also,' ihe said, "itjs'good that theSBA can provide sometbing to the studentswhich they can toucll, see, smell, and eat."

Kent Murphy, SBA prai~t, estimates •

that nearly $5,000 was spent on coffee,teas hot chocolate, and doughnuts by NLCstud~nts at the coffee service last.semester.

, Due to ~~ profiteamed last semester,the' SBA decided to reduce the cost ofcoffee and doughnuts to 25 cents thissemester, Haskel said. The price could beeven lower, he said, if so many students ,didn't take products without paying forthem. -. Haskel estimates that one-half tothree-fifths of the products sold are not paid for.He said he once overheard two lawstudents talking at a local restaurant. Oneasked the other why he was buying coffeewhen he could get it for free on the thirdfloor of Bums. ,"That sort of, attitude iswhy we have to charge more," he said.Haskel indicated that, to his knowledge,day students ,steal more Of 'the 'coffee

, ' products than do night students." , 'The SBA'sprofits wererooucedby

,about $350 last semester due to two weeksof free coffee and two days of free

'dougbnutsgivenawayduritig;; exams.'M~hy sa.icl. ,-:{in

Even' with the $650 profits,- Haskel said'that theSBAwould rathet'ha'iethe ser-

: ,vice operated by a private' gi-oii});' as was'?:previ()usly dorie~'Hei-said any'interested..) studentSotorganizaUoos'showd contact,,'!the SBA::,,','<' ',e d,,:;:', L <~i;\" 'i,;.; ,

Blble,.StuclV·(';'""~: .; :,-,' , • 7_' ~,<: 1',',)

.-TheiNLC ',Christian ;FelIowShip 'meetsWeetd.yon weditesdays'from 11':io to 12:00'iIi'the Burns 3rd. Floor' Comerence Room(instead of Stockton 304 as 'previously

~~~e,~~~~~~e!!M~~JEi·£"E",

ACE'TYPING f:1 WORD PROCESSING

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WE SPECIALIZE IN'LEGAL TYPING AND

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[Resolving. Bhopal Disasfet;, .:_ ~ . =.,' "~.. I '~ _._:r"llY c~di Wicktom ' ~ does not prevtde a jury,in civil suits(wbich

has the' effect of decteasing awards ftl'Last month's poisonoUs gas leak at pain' and suffering)' and extracts a sub-

Union Carbide's chemical manufacturing stantial fee to beginlitigatiori:-Americanplant in Bhopal,India, was the worst in- attorneys also" benefit by suing in thedustrial accident in wOrld hiStory. The gas United States' because contingency f~killed 2500 peopleaiid' injured "100,000 are not allowed, mlndia. ; , i

more. Survivors' are, sufferirig :from, a". "t" :::: ~ ..< : :variety c:J. injuries;,LincluWng·, partiEl. . 0 get 'th~rcli~t's claims heard h'blindness, and lung, ,liVer, and brain thell,S., plaintiff's attorneys' may blli!!damage. The long-term effects oftlJe gas· 'the/case around evidenee loeated in thtare still unknown:;;:,',,: ..::c ." __'~Y" ,_.' United Stat~, as was done by Melvir.

The Bhopal disaster'has increased the Belli." Belli's ~complaint, filed in weStfmancial and moral costS of manufac- .virginia District Cow1, averred negligentturing in the third Werld. Brazil has plant design and failure to'warn 1'~identsreacted by,raisiDg their,$afety and en· adequately. This class.ction suit is e\[-vironmental standards. The international , peeted to be settled oui' of 'tQUt1 quickly,business community is also reassessing its settling with the government of Indiainterests; measuring profits against the and the state of Madhya Pradesh rathercost of disaster. than directly with the victims would

. The ca;t of disaster is very high. Union probably benefit Union Carbide and may, Carbide, the 37th largest industrial cor- ',allow them to stay in business. If this

poration in the United States, maybe occurred, however, it would raise theforced into bankruptcy. Indian plaintiffs question of whether all of the victims'are seeking larger settlements or awards rights were lawfully extinguished. Eitherin the American courts than wouid ,be' way, Union Carbide's legal problems willlikely in India. The Indian legal system' continue fer a very long time.

From the Lib~aryThe Law Library has announced a plan and can assist in developing research

for offering expanded iriformationand approaches and in suggesting alternativereference services to students and faculty.' 'sources for information. They are ex,The reference desk, located at the left - perienced in using legal bibliographicor south - side of the main iriformation materials. The librarians also anticip~tean.d circulati~ desk will be staffed by a preparing relevant handouts, as ~orInf'skilled law lIbrarian Monday through stance, guides to the preparatIOn 0Friday from 9 a.m. to 5 p.m. Reference legislative history or for the use of loose-assistance in the evenings' and on leaf services, etc.weekends will continue to be available at'Sthe circulation desk. uggestlons for developi~g and

Faculty and students are encouraged to enhancing these reference serviceS,aretum to the reference desk (ext. 6647)10 ask invited by Bob Stivers, ~SSOclat~

, ,for help wi!h any ques~ons relating to the Librarian fer Research Seroces (exd'" use of.the h~r~ and Its resources . .If you 6575), or they may be given to prof. Hea

have ~.' ,difficult legislative history '.. (ext 7337) mo' any librarY staff person.,problem, need help in framing aLEXIS - . ',~,

, WESTLA W search, or want to know all ," I", ~vailable sources for a comprebensive V·ldeo Carte 5

.,literature search. you will fmel assistance' ',:. at the reference desk. U the ,librarian em :'., T~ law library has three ".Ideo car,reIs.".duty can~ot help you, he or, she ,will take • available lOr individual viewmg or VIdeO,Fthe question to a eoll~gue on the library ,tapea:'These are located ~,LLt. ~~~",' ,staff or wherever, until the question can be ~ ..headphOnes provided f~ ~v the. ,resolved.' ,'.' '".'.' '!' ,.'. 'I. ;" viewh~ without disturbing others ~1'1Il!, " ,The re~erence librarians are prepared to· ," area Please contact either the R~rd,,;offer skillful assistance to facully and' Desk or the Media-Documents otfJce

:tudents in locating and in lIIing the lull use 01 'the equipment. rood" na~e ,of. the resources avaUable in the' ,Also. students are reminded ~.tn the

tapestir~~~ ~nclUd~~!r mlerolorm_;r;vldeQ I ,.~~ ,dr,f.ok ,re npt .pemlitl~ ~~~"hout, ~mpuu:.ll~ data basea:Th 11 f;~, • Thra'll in be ~crcea tnry~i, ,

... .have.takeQ murses.ln.legal blbU""" er a '" .'l:ia.,arfL ",! ~.. ' ~:': ' . ' ,I."".....,.,apby .••. "''Ji.~ •...........

: Mon,d.aY~~~l}uary %8, 1985. .. p.:S

Survey of Student Bodyby Hobert D. Jacobs' . State University, which in recent times

,has been noted to be the largest singlecampus student body in the United Stateswith over 60,000 students, and is locatedreasonably close to Washington, D.C., hasno representatives in the first year class,while both The University of Nebraskaand The University of Idaho, both smallerand much farther away,are represented.. In terms of the undergraduate majorsthat first year students have brought toNLC, far and away the most common,major is Political Science. This does notinclude Government, which is also acommon major. Other common majors, inno particular order, are Accounting,Economics, English, Psychology, History,Philosophy, and Finance .. Some of themore interesting majors are Urban Af-

.. fairs, Nuclear Engineering, Classics,Chemical and Petroleum RefiningEngineering, Aeronautical' Ad-ministration, and Biomedical Ethics ..

If the 1984-85 first year class at TheNational Law Center is any indication ofthe-composition of the entire student bodyof the law school, then The NLC truly isr~presentative of the entire nation. 179different .undergraduate institutions. arerepresented, with students from 46 dif-ferent states, bringing with them expertisefrom 106 different degree programs.

The two schools with the greatestrepresentation in the first year class areThe George Washington University with 22students, and another school from themetropolitan area; The University ofMarylandwith 19 students. Rounding outthe top five is The University of Penn-sylvania-14, The University of Michigan-13,and The State University of New Yorkat Albany~ll .. Other schools with

•significant numbers in the first year classare Cornell University, Boston, CollegeRutgers University, Franklin & MarshallCollege,~TbeUniversity of MassachusettsThe .University·of, Wisconsin, .and ".'AmericailUniversity.,,' ,.,,' Next':Advocate';' ~...;;

~ . 1 t .':'"

. WhiI~J.heschools with;themostnumbers :.>,,'>. '.in the first year class tend.tobejnthe .l~.' ":"'.: '. "'~:'j":~~~a:r~~:::i~~:~e::~~"" ..i 'wiJI bt!.·~~·.;,,:;>··:"·"

;with ~th'l~rge and .small., schools from <. · .. ·.n.:) ">,. i?/' .",:,.:;..,' . t· .

e\,erywh~r~ imaginable.!; F1'9lnf.1'he ';"'C :;; "~';'~. ri'c'L':'.·;;"; ·,C L-:;';!' . ,',;~:=~~n~~e~~:~;~~::g:Osia~:"....;1;,~",.· r"'fj';~:::'jhh~·T:.,S

University·toF~oridaStatelJniversitytihe '.' -" . o~t,O" ''',:,:~;':-:;:.;'''. schools: represent.;'a'.,Wideirangeof . ,.' ;~~;,,'/'r:'.''';~, "C'

geographic loeauons. Smaller schools with". . "'0'''; .~.; :~. 4:;: . ,;"" .'.;.,ilesse~:~()WDilam~arerepresented as 'ct " ;: ;"}. .: ,.,' :c·"·, .'.ti:~~~~~~~j;o~~Sc:~g;~.~~~.. 'Monda'y' ~'·Fe·b.l·i,.~":,.,,Unive~ityo£Charlest«l'(WV> and In- '.,.. . . . . ,;'

; diana Universityot.~nnsybllnia., .': .:.. "";;'U"'F""'Jo··".:·.;~_~.L,I,.~~...?i~....~.i}'.',~'.~.r.'.·.c·.f.·....:~_,i'.:;••..J.·.·.·.._:.···i·.:·~.•t'!,-:-..,:-.~.JsJ!!teresting t~ ~tetbatT~~Ohio " •.";--~-.,. '" -.- '.- ;-'~'

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"I'd rather be at Chadwicks~-;'·.And the' Moot Goes ,On .' ..by the Moot Court Board" .. ,

The first semeSter for too NatiorialLaw Baunach' (Best . Memorial) ,KarlCenter's newly formed Moot Court Board '. Heininger,Jim Edwards, Mark Steichenhas produced' many changes and new _ (Best Oralist>, and Beverly Knott. Theyprograms, as well as a continuance of the will represent the NLC in the Regionalprograms already offered. ..' Jessup Competition to be held here at the

In the Fall, more' than 80' students NLC March 2-3. Ten to 15 schools areparticipated in the Van Vleck Moot Court expected to participate. Among the final~o,mpetition, ,while more than 4Q par~ round judges is Davis Robinson, the LegalhClpated in the intramural Jessup' In- . Advisor to the Department of State.ternational Law MootCourt Competition.: Last semester the Board completed itsJudges for the preliminary rounds of these . first publication, The Directory of In-competitions were drawn from the legal terscholastic Moot Court Competitions,community of metropolitan Washington, which describes all of the interscholastic,D,C. ..' _' . moot court, or client counseling com-

The four finalists'in'the Van Vleck petitions in North America. It has beencompetition are Chris Richardson, Wayne distributed to all law schools . and lawYoshigai, Lee, Epstein, and Jim Sims. libraries in North America.They will argue in a final round to be held' The Board is nearing completion· of a .February 23rd in the Burns Moot Court ,Moot Court Handbook which is intended toRoom.The, winners will receive the Jacob serve as a reference for the first year mootBurns Medal, a cash prize,and the right to .coUrt class and upperclasscompetitions. Itrepresent the NLC in the nationaL Moot . willbe'keptorireserve'in the library' andCourt Competition next Fall.;:.: . , .C· the'MootCourl office. The Board 1i'O(ies to

A distingUished panel bas beenobtillned " beiible'to distribute a copy of the hand- .'for the. fiJ¥llround. ,Judge ~be~ .Bork of' ' boOk to allstiJdents in theiiloot court class. the P.C.' C,ircult, ,often' mentioned 'as a" in tAJ85ii986;i:c: ";;"'A,"; ;.J;' ,i :,'."

pOtentUlI'.Supr:eme:Coun .~pPOiritee;: ~I . qnderway"tllis-' semester·; is' the;'" in-.~ry~as.ChiefJudge.Rounding;out the .',tratnuraV'Glles;~S;'Rich"·MOOl"COurt

DB~nc~,y.rilLI:ie'JUdgeHaroldGl"~ne,of the :C' CoiilpetitiooiriIntellectuaIProj>ertYUiw.,

, l:StrictCourt of D:C.., noted for hiS .role in For the. ~1lStt~e, ~ fina11"t!und !!t' Ulisthe AT &'1', ~reak:.up,and Judge Robert . " COn:':peh~OJ.1·Wlll"bc!,.a~ m.-front,pf~mar,of the ;Eastern'> DiStrict., of- .-,:' fed~ral· Judges:. mcludmg . Judges

. Virginia. '.~ .. ': .. ~ '; ,- .... . ., Lawrence MargoluiandRobert Seto of the· i

'~l .t "', :'~"': '. . '-U.S.:CIaimsCourt.Thewinningteamwill·':; ,~, ~ 4XJJfftia~~~~~tr'~fb~amWaI·o"'treprese~t 1tll.~NLq..~~'Ho,~too,'fexas: in'Jessup C ompJtlhon al'4!' Phyllis Jo "" f,~-lhe.regulOaLeompetitionsm ~r,ch •..;

- .' >.' _._ •.• : ~' .' •• '.: •. I',.:"" ,~)~._':),f •.• - ••.•• ;~~~,.~i~"·,~.'~~'?:"~.".'2.:.':~<•..•' "_',:~:'.'~~·«!;...~~·~..~t,~'f.,..........,~-tt·:·""'.' j' j.

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-------- _-...- ..........., To Fi"c.'"

, .'.~tch Tuesdaynight (ever eve~~at Chadwicks-Georget~wn's livelIestmeeting place. O~.theevenin~lawaYtothe~~est hits played by our live OJ. And

. cool off WIth IC)'cold HemekensSpeciaIly priced at just $1.50 each.

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~~5247 Wiscunsin A'll:.. N.W .

Washinltllln • 362-IlO4O

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Mooday,January28,1985p. 6

Self-Defenseor Vigilantism?

Was the ultimate verdict on the Goetz incident' determined by the facts of theease? No one outside Mahatma Gandhi argues that deadly force is forbidden' in thedefense of one's own life .:As students of the law we needn't be reminded as to the lawon this point. In this case, there are many indications thatthis was not at all a case ofself defense, but an act of vigilantism. Itmay have been that Goetz was not carryingthe illegal handgun for the purpose of defending himself in the future, but to wreakvengeance for injuries suffered in the past. The released descriptions of the incidentseemto indicate the latter. Did the four youths approach Goetz at once, or had onlyoneasked him for the five dollars, as one of the victims stated to the press. Did Goetzpursue and shoot two in the back while they were fleeing? Of what significance is thestatement of Goetz, "I stopped shooting only because I ran out of bullets,"? Does selfdefense allow the use of deadly force long after the threat has been ,neutralized~There was no indication that Goetz was in any manner threatened with thescrewdrivers the victims were carrying. The' argument that Goetz was justifiedbecause he did not know if any of them were armed, is sophistry at its lowest form,which leads to the inevitably logical conclusion of advocating a simple shoot-firstpolicy.

With the facts unclear, the mere presence of four black youths was apparentlysufficient for the public and the media to hail Goetz as a hero. The definition of herodoes not include an individual who goes on a shooting rampage on a crowded subwaycar trying to deprive four youths of their lives obstensibly to save five dollars. Whatwould have happened if a group ofsimilarly-situated youths approached Goetz andasked for the time? Muggers often use that approach. What if they were white, wouldGoetz have been justified in commencing fire~ Is the legal system prepared to adopt adifferent standard for the use of deadly force for black and white youths?

What'is more disturbing than the incident itself is the public response. Politicianswith their vision clouded by re-election are willing to engage in cheap demagoguery.Citizens are mailing hate letters to Goetz's victims. There is a great danger inromanticizing the violent actions of what possibly is a disturbed man. When wecondone violence and endorse killing, our dignity as human beings is debased to thelevel of the very same element we seek to protect ourselves from. The history ofwestern civilization teaches that it is a contributing factor to a society's decay whencitizens appoint themselves judges and executioners. Lebanon and EI Salvador areexamples of snowballing institutional disintegration forcing many to react violentlyoutside the law. It is not the calm and rational person who initiates the violence. Butthe situation becomes polarized and good people are forced to choose between ex-tremism and extinction. ', What is clear is that there is no place.in our society for the possession of unlawful.deadly weapons by frightened individuals, especially when itis more than speculativethat the resulting carnage was not warranted by the situation. There is indeed aserious crime problem, but the glorification of a shaky finger on a hair trigger only"e:eacerbates the problem of lawlessness and violence in our society. If citizens are~st~b~ by the present system, there are plenty of legal channels to enact reform; If'ltlshtubons are broken down too far for immediate improvement, citizen patrols likethe Guardian Angels, who act within the scope of the law and don't use deadly force is

, an example of "constructive vigilantism." The bottom line is this: Private citizensthe general public, and the media have no right to canonize a self-appointedexecutioner.' -

Sports and Courts Quiz'by Jim Lochner

1. A New 'York Ranger and Boston Bruin, defenseman, his last name is shared by a'C.W. Constitutional Law professor.

. '

2. A star center ior CarVerH.S. on theT.V. show; "The White Shadow," his lastname matches that of a New Hampshireman who complained his car was illegally~earched because the warrant was not 'ISSued by a neutral and detachedmagistrate:

3; A famous female British tennis player,her name matches that of a party toa casewhose 12th anniversary is being.protestedan~ celebrated this week. "

4. BaltiInoce's"'Booger,"his last name\. matches t~t of a party toa 1932murder'

case in which the Supreme Court an·nounced individuals have a right teicounsel in murder cases. " . ,

5; Billie Jean King's maiden namem~tch~ that of a party to the case inwhich J.Rhenquistannouneed there is no

"-,

right to counsel upon appeal of a criminal~ conviction.

6. An L.A. Clipper guard, his last namematches that of a former president who

, lost. a unanimous decision. on a claim of.executive privilege., '

7.. The ex-Expo catcher, his last name ismatched by this ex-President who wassued ~y Barry Goldwater over his can-cellation of a treaty with a foreign country.

8. A favorite receiver forJoeN'~athhi~ name matches that of a New Hamp:shire man ~h? went to the Supreme Court,to assert his nghtnot to "live free or die." .'

9. To;p~test his position on th~ Jetsbench.thlS ~ck-up quarterback for theJets. m.lghtWIShto burn his,contract as did,a cnmmal def~ndant burn his draft card to' ',.protest the Vietnam War. .,'

10.An ex-Mets 'center-fielder ' his namematches that of a man Alex~ndeJ'o.Haigsued to st~ from traveling abroad. \.

...Banzhaf Shoots OR"" .<\"'''"''.

,

Proposal W~thout .Permitby Prof. John Banzhaf III ~./ .

Many politicians and pundits ....: who '- "conviction, no matter how. compelling thenever ride the subways and are usually evidence; if they believe that a conviction

, protected from most of. the realities of would. violate their own common senseurban crime - have prematurely termed notions of justice. An analogous exampleMr. Goetz'sactions illegal "vigilantism" of·this principle atwork is a jury whichhaving no place in our modern society. Yet, found a woman not guilty of violating Newin so doing they seem to confuse vigllan- York's criminal law against carrying atism with legitimate. and lawful self . switchblade knife; a knife which policedefense, .and ignore evidence indicating - discovered only because she was forced tothat' ownership and use of firearms by sta b a man. trying to rape her.r".citizens is a major factor in deterring Here, a,' similar .result . is entirelycrime. "possible. A New York Times survey finds

"Vigilante" is not a legal term,' but it that a majority of New Yorkers, by almostconnotes the use of illegal force againsta a 2-1 ratio, support Mr. Goetz's act, and 40suspected criminal by one who is not then, ., percent. say that-mugglngs and holdupsbeing threatened. Self defense, on the have become so, bad that New Yorkersother hand, occurs when one or more have the right to take matters into theirpersons; believing themselves to be own hands. .' . •.....' "threatened by others, use force to defend CIVILIAN SELF DEFENSEthemselves from that personal danger. " A l\1AJOR CRIME DETERRENT

THELAWOFSELFDEFENSE Contrary to those who preach thatUsing force - even deadly force '- in citizens _fighting back with guns will not

self defense is perfectly legal' in many make our public places safer, there is nowcircumstances. All that is required is that a significant body of evidence which in-the person reasonably believe that he is dicates that citizens'. firearms use is abeing threatened with serious physical" major' deterrent to crime, and, no moreinjury, and that he use no more force than dangerous than similar actions by police.reasonably" necessary, under the cir-,:': In some urban areas armed Citizenscumstances. already encounter and kill three.times as-r" many violent felons as do the police: And a

Ihis right is one of the most fun-' study shows that citizens are more sue,damental known to mankind. It is common cessful in driving off, capturing, or killingto all legal systems, and is said to derive criminal attackers, and less likely to in-from the same "natural law" that justified volve innocent people misidentified asthe American revolution. criminals, than the police.>,' .

As such it is more basic and fun- Considering the ineffectiveneSs' of thedamental than, for example; the right of a .... criminal justice system with its manypolice officer to use deadly force 'to loopholes and ineffectual sentences, it isprevent a felony. A citizen who shoots and 0 ;';,,, not surprising that.the threat of being shotkills a person attacking him has at least as is often a far more. effective crimemuch right to do so as the police officer, deterrent than the threat of being caught.and his act is every bit as lawful. A recent Duke University study concluded

Citizens also have similar privileges-to ,;that inacitywllere many- shopkeepersuse deadly force to defend others, and to ' .have handguns ready for defense, theprevent the commission of certain crimes. ,." average robber doubles his chance ofFor example, in New York a person may . dying by committing only seven robberiesuse deadly force if he reasonably believes . a year- and multiplies by ten his chancesthat another person is attempting to. of being wounded - a Iar more effectivecommit a robbery. deterrent than. the small risk of being

ROLE OF JURORS, captured and, actually. doing hard time.AND JURY NULLIFICATION I

,Wemust also remember that a person is n any event, 'Ute arming ofpresumed innocent until convicted, and housewives in Orlando, Florida, of grocersthat the prosecutor must prove every in Detroit, of merchants in Highland Park,element of the alleged '.crime beyond a Michigan; .and of pharmacists in Newreasonable doubt to each of the jurors. ,Orleans caused a dramatic drop in crimesThus if even one juror finds it possible, or 'directed against. each of. these groups,has any, reasonable doubts about whether . particularly after the first few criminalsGoetz acted reasonably, he cannot, be were shot., A study in Massachusettsconvicted. . . estimates that there would have been

M'" about 50,000 more violent felonies eaehoreover, under the principle of jury .,. . " t"

nullification, jurors may. vote against a' to page 7

The Advocate Vol. 15, No.5January 28, 1985 "

Editors-in-chief Jack Williams,' Kathleen O'ReillyNews Editor Victoria Amada

'Feature Editor Michael L. GoldsmithArts Editor Julie Riley, ,Business Manager Irwin Izeri c: ,ProduetlonManager Christopher Stock ,,' '. 'Writers James Lochner, Louis A. Siegel, Cindi Wicktom; Julie Crossland JamieConrad, Annie McCormick, Robert Jacobs , ' " .-, '"Contributers Liz Marcus, Karen Wachs Therese LawleSs Prof David Robinson,Prof; John Banzhaf 1II, Prof ..Elyce Ze~ff ',",', • . .A,rtists Greg Gal!erio; ~atherine Plambeck, David Bertoni '\ '

The Advoc~te IS pU~lish~ by the law students of the National Law Center at.~rgewashington.umverslty.lts offices are located in 303 Burns Library, 72020th

treet, N:~:,Washtngton, D.C. 20052. Telephone 676-7325: ' , ,: The 0pIOlons expressed herein are these of the authors, and do 'not necessarily~~~~:y~05~ of The,Advoca~~, the Nat:onal L~wCenter. or George Washington

'!ttehedALdvocatewill consi~er for'publication all articles, letters and cartoons'sub- ,mt . etters'must be Slgrted:to be'considered. :1:., j. .:'.,

'Banzhaffrom p. 6 "~r:~ ..\

year but for criminals' fear of armed . < .:

citize~6uR RECOMMENDATIONS .,FOR CONGRESSIONAL ACTION'

Although control of' crime, andregulation of the possession and use, offirearms, are lef~ primarily to the in-dividualstates, there are at least FOURstepSCongress may wish to consider inviewofthe Goetz situation and the public'sreaction t~ it: ' ....... . -. ... , .. '

FIRST, Just as the' Justice DepartmentroW collects information on the illegal useoffirearms,'it should begin collecting andanalyzing data on the lawful use offirearmsby citizens to prevent crimes, sothatintelligent decisions concerning theseisSuescan be made on the basis, of factsrather than slogans. . . '

SECOND,You may Wish to ask theJustice Department to study" whetherpermitting citizens who' pass a wide-rangingbackground examination as wellas tough written and practical tests. 'tocafry concealed weapons wouldsignificantly reduce crimec , .,.. '.,

THIRD,a statute should be passed in theDistrictproviding that a person found tohaveused a firearm legally in self defense,or in defending others; should not beprosecuted for merepossession,since'Il'Osecution under.' those .circumstanceswouldbe unfair, and a major deterrentagainst lawfully going to th~ 'aid ofanother. ". :", '

FOURTH, the"'current policy' under.whichthe District apparently refuses to 'prosecute assaultsexcept where there isseriousinjury should be reexamined, sinceitisall too likely to force victims who Iindthemselveswith no effective legal remedyto turn to armed combat; .

1, ".- .... ,.

~'\"!

,

Deadl~inefo~submission~' for' "h",""._'""',J ..,:... ,;"..:., ~,,~.,,--,......t J .... ---i,e .. ,,: ,.".,~;";:,.~~ .. ,,,~.~~ .... :."", 1;·_,,-: .-~k~<", ~<._i.-:

; ,,- .. i-

Don't Rule Out Self Defense ...by Prof', Elyce .H. Zenoff ':,< have been regarded either as panhandling

;~.e., ;~." or a joke. Clearly, there is no'way a jury atThe shooting of four teenagers on a New, that time would have been convinced that

Yorksubway by"a man with whom they _a reasonable person would believe he was 'were allegedly hassling has set off a in imminent danger of serious bodily harmnation-widedebate on the morality, if not from four youths . asking for money.the legality, of vigilante justice which Today,however, many people do not even·means, according to Webster, "summary use the subway because they fear beingpunislunent. of crime as during pioneer' robbed and beaten, knifed, or shot as well.days." A vigilante, then, plays the role of .. Even if a reasonable person would not beprosecutor, judge, jury, and executioner; afraid, would the fear be reasonable for

The efficacy of deadly force as a someone like Goetz who reportedly hasdeterrent to property crime is also being , been injured under similar circumstancesargued heatedly as a result of Goetz's in the past? 'actions,and the incident has added fuelto. Some reject self defense in this casethe arguments' of both those who, oppose because two of the boys were shot in theand those who advocate gun control. '." back. However, we do not know whether.The one question which seems to.excite they had already turned away from Goetzhttleinterest or controversy is, "Did Goetz and'whether he knew it at the time heact in self, defense"? The general fired. Even if he knew, there still may be aassumption seems to be that the jury will question abouL whether, a . reasonableaccept a selL defense plea as a means of person would have' thought the offendersacquitting him but they would as: easily, had abandoned their project, or would beacquithim on temporary insanity or any afraid that they had not and were going toothergrounds that seemed feasible. It is a turn again and attack. ',I, ?': ;beliefin juror nullification that is being Of., course, self-defense 'may not beaccepted here, not a belief,;1hat,a self·· jUstified in this case under a· reasonabledefenseclaim is ,bona fide.<··' .' belieUest or even under the Model Penal

t . ." '." . ,Code:; honest but, unreasonable.belief. • h~~iriual' dismIssal' of self'd~fen;e "standard. However, both public safety andIn this case is somewhat puzzling. T rue, if the aliminis.tration of justice may be betterthe same incident had occurred 40 years ., served by our focusing more attention onagO,a verdict of guilty would have been the realities of self defense in our urbanappropriate. At tha ttime, four boys asking "areas- than on defending and, therebyaIllanon the subway for five dollars woul~;~,;t;J:Pr.om5>tipg~~i~i).;m~ejpstice., ': ~ " .'.':; .

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Monday, January 28, 1985,.,.. ..: ,~~:',.. '~t ':'.,.' .:~. ~~..~

.' iJ

,Equal Justice Foundation Summer Program

Working for the Public Def;n de.> •by Tom Kyzivat

I received an Equal Justice Foundationgrant in order to intern at the PublicDefender Service for the' DistricLofColumbia this past. summer. These'grants.rwhich are usually given to four "students each summer, serve to fosterinterest.in the "public interest." Per-sonally I'm still trying to figure out what"public interest" means and how itrelates, if at all, to "equal justice." MaybeI'm just trying to rationalize my workingat a place which some people might think .does not fall within the category of publicinterest-equal justice.' Someone came up tome last spring and said, "How comeyou're getting a grant for getting thosepeople off, while I'm getting nothing for

. trying to put them behind bars? I'm ser-"~ ving the public interest too." "

One response to this question is that the'Public Defender Service represents onlyindigents and thus it serves the "publicinterest" by providing legal assistance tothose who otherwise couldn't afford it..' The other response to this question isthat a governmental organization such as 'the U.S. Attorney's office also serves the"publiC'interest" by providing the public ..'as a whole, and not just the individual,with a needed service. Since I wasn'tasked to write about public interestlaw, Iwon't delve any further into which side ofour criminal justice system comes closestto serving the "public' interest." Perhapsthe only thing to be said here is that If yourcareer goals fall along the line of publicinterest-equal justice, 'there are, a variety

, of paths to pursue.' '.; .'

The internshi~itse~ i~~~lved'~orkingas 'an investigator fora PDS' staff at-torney. In a nutshell the investigators wereresponsible' for locating witnesses, both

defense .,and 'government, and' takingwritten statements from them ifnecessary. Sounds easy enough .:

The problems began to arise when youfirst interviewed your client and all theinformation he (1 personally never cameacross 'a female defendant) had .about awitness was a nickname and a street namewithout number. H you were lucky enoughto find this witness, he would probablyspeak to you if he knew your .client. . "

The problem is that his story is oftencompletely different from your client's

.and what seemed to. be .aclear-cut caseisn't as clear-cut as you first believed.

The next problem arises when youeventually get a copy of the police report ofthe crime and you get the name of, thecomplaining witness (i.e. the victim).Apartfrom the fact that almost all of theinvestigators . were white students andalmost all ot the witnesses, as well asclients, were unemployed blacks, youraverage victim certainly doesn't want totalk to someone who's trying to help. thedefendant charged with beating them up .So here comes the big ethical question,facing the investigator. How far do you g9·to try to get acomplairring witness, who is,reluctant to speak with you, to give you astatement? We were required to identifyourselves as investigators {orPDSworking for the attorney representing the'defendant charged with the cr~e com~.mitted against the witness. Quite often thecomplaining witness would be glad to talkwith you because he,· didn't really ..~-,derstand who you ,were and he felt he had;to talk with you ,because you seeinedveryofficial. The decision whether to correctthis misbelief was left pretty much up tothe discretion of the investigator and eachperson handled it differently. It was in-teresting to finally deal with some ethicaliss.u~l'i~~t.ead of j",s~.r~ad.ing a~outthen\l.

"

Monday, January 28,1985p.8 , "

·'t(ent·a~8estseller·by' Julie Riley

Now that the affects oflast semester's.finals have worn off and it's far too early ~ostart studying for this semester's, there IS

"I ure"time to catch up on some peasreading. (Believe it or not, every?n~doesn't find reading 200 pages of civilprocedure pleasurable!) .,

One of the bestreading bargams m townis "Rent-a-bestseller," located in theInternational Square building. The 75 centand 50 cent a day charged gives' a book-renter 24 hours of reading for less than. thecost of a metro ride. Though after a fewweeks of school riding the metro may beall the excitement some of you can handle.

Posey Wright, the creat?,r. andproprietor of "Ren!-a-bestseller, IS ~emother of five grown children and an avidreader herself. The idea of renting booksin this manner originated during World

NLC Team CrownedLAW SCHOOL TEAM CROWNED

CHAMPS! . _THE TROLLS-, 1984-85 Men's In-

tramural "A". League Champions FlagFootball

(bottom row rt, to 1ft.) Tully Hazel, NeilLerner (Doc),lrwin ben .

(second row rt. to 1ft.) Carr Preston,

War II when the printing 'and thepublishing of books were curtailed. Mrs. 'Wright, recalling her childhood daysduring the war, decided to give the jdea .asecond chance.

," Over 125 recent hardcover books areavailable, including those on the New ~ork,Times Best-seller List. Mrs" . WrIghtknows all her books and might make a few .helpful suggestions depending uponwhether you would prefer a little romance, .mystery or politics for the weekend.

To re~t a book all you-have to do is fillout a simple contract application form (is, 'there such a thing?) and leave a check forthe price of the book as .collateral whichwill be returned when the book is brought.back (is this a secured transaction?>.. If-you have a few spare hours and wantto curl up with a good book, this may beyour best bet.

GlenGarnes, Kent Murphy, Ron Raider,.EricFalkenham ,

<third row rt, to 1ft.) Tom Shorall, FrankPietrantonio, Ray Murphy, Felix Hester,Mike O'Connor, Tony Jacoby, Dave (Spo)

.' Hospodar(hanglngrt, to 1ft.) John Delappa, Joe

Sanotrella, Collins Pettaway

Sports and Courts Answers from page 6Points -

Answering both the sports figure and thecase ,name correctly is worth 2 points,answering either the sports figure or thecase name' correctly' is' worth 1 point.Getting neither right is worth nothing.Also valued at nothing is getting all thequestions right for no .prize money isallocated to The Advocate. But you canimpress friends, neighbors and T.V. gameshow talent scouts. " ,Scoring - '18-20 You should not be in law school butmaking your fortune on "Jeopardy."15·17 You won't make a fortune on

, "Jeopardy," but put to the test you couldwin several fine prizes on "The Joker's'Wild." , "8-14 You should spend more' timereading cases,or box scores in the sports

. ,,'. '.'

pages. Spending a little time on both is- getting you nowhere.

5-7 - Too bad. Know your limits andaccept them. ,,' ...()-4 Perhapsyouwere hit by a fallingcasebook or a •flying skateboard.

Answers'. • -' - _. '.' • -.-'~. - '. >

1. Brad Park. Professor Park.2. ,Warren Coolidge. Coolidge v, New,

'Hampshire3. Virginia·Wade. Roe v, Wad~4. Boog Powell. Powell v. Alabama5. Billie Jean Moffitt. Ross V. Moffitt6. Norm Nixon. United States v. Nixon7. Gary Carter. Goldwater v. Carter8. Don Maynard. Wooley v. Maynard9. Ken O'Brien. United States v. O'Brien

, 10, Tommie·Agee.H!dg v. Agee

i"- •• '

'7th'Annual Law', RevueO'raws"Nearby Marcus' Migliore ~,,' ,

talizingspecial effects and an overall highquality performance are assured, ac.

-, On March 2, .the seventh annual "Law . cording to Executive Directors MarioRevue" of the National Law Center will' Greszesand Tony Targan.' .debut. The show is completely conceived, As manY of you know, the "Law Revue"written, produced and performed by the pokes fun. at the law school and itsstudents of the National Law Center: In .professors; students and staff throughcase you don't already know; the'''Law skits, musicalnumbeis and danceRevue" is a commentary on the life and '. routines. But it does more than that, ittimes of the GW law student through gives many of us law students the op.dancing, drama, comedy and song .. As portunity to vent our frustrated egos, toletanyone who has been to previous shows or loose and have some fun - in short, to dohas had an opportlmity to see the something normal fei: a change. Allvideotapes can tell you, the show is members of the NLC community areuproarious, irreverent, and iconoclastic -:- invited to attend, but you are urged to getbut above all, just plain fun.. . your, tickets early. The "Law Revue"

This year's edition promises to be, as played to a sell-out crowd last year, and. .they.say in the ad business, the biggest and ~",J ....' this ,year, the. show. promises to be even

best ever. A record .number of. par- .more Popular, with a record amount ofticipants, both students and other mem- talent and- enthusiasm demonstrated atbers of the Law 'Center community, auditions, according to the directors,auditioned in the two nights of tryouts, and ' 'A '.,the cast should be the largest, ever on the, ' final note toIirst-year students. Go,stage of Lisner Auditorium. The show is' There will be plenty of time left to studyfinanciilllyself-supporting, funded' by for exams, and the few hours it takes toseeticket sales. Last year's show' was' a the show is a good investment in restoringfinancial success, providing a large sur-: your sense of humor in an environmentplus for use this year. As a result,tan.- which can 00 at times all too serious.

Writers Wante'dfor next Issue~- 'Contact The Advocafe,

Ro~m 303·B Burns Ha"~ We PaYmoney for al1lcles. '

1985Ohio Bar Review Course

Olfered- In:Cleveland,Col~bus', Cincinnati,

;-.T~led~~:Ada,Akron, Canton,: ,

"..Dayton,\yarreNYo~stown

,'20th Consecutive yearFor information or to enroll Call 537 ..0851. . . ~~'., '

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