Alumni Bulletin of the University of Wisconsin Law School

Vol. a No.3 Spring 1977

Return address:

:J~e (Jal'gogfelaw SchoolUniversity of WisconsinMadison, Wisconsin 53706

Second Class Postage Paid atWaterloo, Wis. 53594

TABLE OF CONTENTS

Message from the Dean 3

Fund Drive Progress ..... . . .. 5Meet the New

Associate Dean . . . . . . . . . . .. 6

Tuerkheimer 6

Conference-Women and the Law. . . . . .. 7

Joint Boards 8

Young, Whitford. . . . . . . . . . . .. 8

Gwynette Smalley. . . . . . . . . . .. 9

Federal Trade CommissionStudy 11

Professional Responsibility .... 12

Goldstein's Book 13

New in Review 15

Faculty Notes 15

For most Law students, the mid-winter vacation began the weekbefore Christmas, 1976, andlasted until the last week of Janu-ary, 1977.Forty-three members ofthe Class of 1977 finished inDecember and forty-two were ad-mitted to the Wisconsin Bar-most of them on January 18.

Many students who have part-time jobs found that the vacationprovided a chance to work long,profitable hours. Those who hadmoney for travel, snorkling andskiing found in the interlude awelcome and refreshing change.Job searchers had time to lookaround. Many Faculty membersused the time to do research andto develop new teaching

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materials. Some of them attendedthe annual meeting of the Associ-ation of American Law Schools inHouston, Texas. Blue books oc-cupied a major portion of allfaculty attention.

The weather was bitter here-as everywhere. The pace slowedand the pressure lifted a little.Registration began on January17, and classes on January 24.Crowds gathered in front of thebulletin boards, and lines formedat the Book Mart.

The second semester startedsmoothly. Almost at once, itseemed that there had been novacation at all.

THE GARGOYLEBu lletin of the University of Wisconsinlaw School. pvblished quarter!v.

Vol. 8 No.3 Spring, 1977Ruth B. Doyle, editor

Photos by G. Schultz

Pvblication office. law School. Universityof Wisconsin. Madison. Wis. Second classpostage paid at Madison. Wis. and Water-loo. Wis.

Postm •••ter's Note: PIe ••se send form 3579to "GiI'goyle", University of WisconsinliIw School, Madison, Wisconsin.

Subscription Price: 50¢ per year for mem-bers. $1.00 per year for non-members.

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CLINICAL

UW LAW

Dean Helstad

INSTRUCTION AT THESCHOOL UNDER REVIEW

the committee made a number ofrecommendations to improveclinical instruction at the Univer-sity of Wisconsin Law School, itsbasic recommendation was thatonly those programs which can becategorized as class A programsshould be continued after thisacademic year. It described classA programs as "those programsthat are faculty planned and con-trolled in which the faculty mem-ber devotes a substantial amountof time to supervision and forwhich the faculty memberreceives teaching credit." Itplaced other programs in class Bwhich encompasses "those pro-grams in which faculty supervi-sion is not substantial enough toinsure, in the judgment of thecommittee, that the studentr-eceives a quality learning ex-perience and for which the facultymember does not receive teachingcredit." The committee went on todefine clinical programs as"faculty supervised student lawpractice for which the studentreceives Law School credit and inwhich the needs of a client or so-meone in a position similar to aclient determine to a significantdegree the student's activities."

The changes in LawSchool cur-ricula and teaching methodswhich occur over the years canbest be characterized as gradual.Those of you who graduated 10,25 or even 40 years ago probablywould feel reasonably at home inmany Law School classes today.Casebooks are still used, althoughthere is much greater emphasisthan in the past on statutory andother supplementary materials.There is less emphasis on theSocratic method, although mostlaw teachers still do not hesitateto engage students in probing dis-cussions and analyses of difficultlegal points. There is one change,however, which has occurredlargely within the past ten years.That is the type of instructionwhich has come to be known in ageneral way as clinical instructionor clinical programs.

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Because of the newness of thisform of instruction in legal educa-tion, it is not surprising that thepast ten years to some extent hasbeen a period of trial, re-evalua-tion and modification. Clinical in-struction at the University ofWisconsin Law School has beenundergoing one of these reassess-ments during the past year.

About a year ago I appointed anad hoc committee on clinical pro-grams. That committee now hasreported its recommendations tothe faculty and its recommenda-tions have been approved in prin-ciple by the faculty. The commit-tee now is in the process of draft-ing implementing rules orguidelines to be submitted to thefaculty for approval or modifica-tion later this spring. Although

It is clear that the committeewas focusing on a problem whichseems to be inherent in all clinicaltype instruction, that is, the ten-sion between the educational andservice components. The commit-tee felt that the only way to assurethe dominance of the educationalelement is to place the programslargely under the control offaculty members. The committeewas quick to note that there areprograms in which faculty controlis not a strong element whichnevertheless have provided ex-cellent educational experiencesfor students. The committee wenton to note, however, that "thequality of those programs wasdirectly related to either thewillingness of the faculty mem-

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bers to invest substantial amountsof their own time above andbeyond their regular respon-sibilities or the availability of apractitioner who had both theability and the time to provide thestudent with a rich learning ex-perience. Often, even within asingle program, it was apparentthat there was great variation inthe degree to which these condi-tions were met. This created asituation in. which the quality ofthe educational experience waslargely a matter of chance."

Clinical instruction at theUniversity of Wisconsin LawSchool, as at most other lawschools, received its impetus fromfinancial grants provided by theCouncil on Legal Education forProfessional Responsibility(CLEPR). Clinical instruction forcredit was launched at this LawSchoolin 1969under a grant fromCLEPR. The initial program hadtwo distinct parts. One providedfor placement of students inoperating agencies during theacademic year with the unders-tanding that each student wouldearn up to five credits persemester for the work done in theplacement and in a related semi-nar. The other was a summer in-ternship program under whichstudents were given financial sti-pends to enable them to work inselected operating agencies butwere not given academic credit.

The experience of the LawSchoolin placement of students inwork settings for the summermonths actually pre-dates the pro-gram initiated in 1969 with theCLEPR grant. It began in 1964with a correctional internship pro-gram initiated by Professor FrankRemington and financed by theNational Council on Legal Clinics.In 1965 a large-scale program forinternships in police departmentswas initiated under the directionof Professor Herman Goldsteinwith funds from the Ford Founda-

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tion. In the summers of 1967 and1968 the Council on Legal Educa-tion for Professional Respon-sibility financed student place-ments in welfare departments andoffices of family court commis-sioners under the supervision ofProfessors Foster and Melli.Thus,there had been considerable, andsuccessful, experience with sum-mer clinical placements prior tothe launching of the academicyear program in 1969. None ofthese summer programs carriedany academic credit. Rather, theywere intended to replace the moretraditional summer jobs in whichstudents might work in law officesand to provide broadening ex-periences of a kind that studentswould not likely have as lawyers.

The initial academic year clini-cal program, with placementsmostly in legal service agencies,was not entirely successful as ateaching device. Nevertheless, afaculty committee which had beencreated to review the experiencewith the early clinical programsreported in the fall of 1971 that,despite some difficulties and prob-lems, the programs should be con-tinued at least temporarily. Thecommittee recommended furtherthat the goals of clinical programsbe carefully examined and definedas well as the goals of legal educa-tion generally. Pending the out-come of a study of goals, the com-mittee recommended that "if weare to continue the (clinical) pro-gram at all, we should commitsome of our limited resources inorder to increase the faculty par-ticipation. In 1970-71almost all ofthe faculty involved in the clinical

program carried that program inaddition to full-time Law Schoolduties." The committee went on torecommend that no placementsfor academic credit should bemade except under supervision ofa participating faculty memberwho is interested both in the areaof substantive law concerned andin the use of the clinical device asa teaching technique.

Despite the doubts raised by the1971 faculty committee, clinicalprograms have continued andhave generally prospered at ourlaw school during the past fiveyears. A number of these pro-grams have become quite well es-tablished with very substantialfaculty involvement. These in-clude particularly the Legal Assis-tance to Inmates Program, theprogram at the Center for PublicRepresentation and the Ordi-nance Defense program. Roughly90 to 100 students have partici-pated in clinical programs eachsemester during the past two orthree years. The following aresome of the programs in whichstudents were enrolled for credit:

1.Legal Assistance to Inmatesand Mental Health Patients. Lawstudents provide counseling andother legal services to inmatesand mental patients. Twenty-fiveto 30 students have enrolled eachsemester.

2. Center for Public Representa-tion. Ten to 20 students haveenrolled each semester to partici-pate in a variety of programs in-volving mostly representationbefore state administrative agen-cies.

3.Ordinance Defense Program.Ten to 15 students have enrolledeach semester to serve as attor-neys for persons prosecuted formisdemeanor violations underDane County ordinances.

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4.Federal clerkships. Seven oreight students have enrolled eachsemester to serve as part-timeclerks for judges.

5.Department of Justice. Threeor four students have enrolledeach semester to serve as internswith the Consumer ProtectionDivision of the State Departmentof Justice.

6. Labor Law internships. Six toeight students have enrolled eachsemester to serve as interns withthe Milwaukee office of the Na-tional Labor Relations Board orthe Wisconsin Employment Rela-tions Commission.

7.State Public Defender's Of-fice. Up to ten students haveenrolled each semester to serve asinterns in the Public Defender'sOffice.

8.Miscellaneous programs.

Among other offices in which lawstudents have served as internsrecently are the State Departmentof Agriculture, Milwaukee LegalServices, Governor's Commissionon Status of Women, Office of theCommissioner of Securities andthe Office of the Ll.S, Attorneys inthe Eastern and Western Districtsof Wisconsin.

So far I fear I have emphasizedthe problems which clinical-typeinstruction poses. On the positiveside, there is no doubt that a well-run clinical program can be a veryeffective means of legal education.Mr. William Pincus, President ofthe Councilon LegalEducation forProfessional Responsibility, hassummarized the advantages ofclinical instruction as follows:

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1. It provides opportunity fortraining in skills such as factgathering, interviewing, counsel-ing, drafting, trial strategy andtrial and appellate advocacy.

2. It provides opportunity forthe law student to make a transi-tion in the professional schoolfrom theory to practice, and itdoes this under educationalauspices which expose him to astandard of performance whichcan serve as an example for hisfuture professional life.

3. It develops the emotional partof the person which grows onlywhen the person has experiencewith responsibility and enjoys orsuffers the consequences ofhis ac-tions in a complexity of humanrelationships which go beyondteacher and student.

4. It re-humanizes the educa-tional process and reminds theprofessional-to-be that his ser-vices are personal services in theliteral sense of the word and thata primary part of professionalresponsibility is the capacity torespond on a one-to-one basis toanother human being's need forhelp.

5. It can give lasting lessons inethics and morality by requiringthe student to resolve ethical andmoral dilemmas through action.

Most of these benefits are con-ferred by our better programs.The challenge which the facultypresently faces is to adopt worka-ble guidelines which will eliminatethe programs which do not pro-vide reasonable assurance of liv-ing up to these high educationalstandards without eliminating

those that do. So far, the only pro-grams which have been definitelytagged as meeting the newguidelines are the Legal Assis-tance to Inmates, Center forPublic Representation and Ordi-nance Defense programs. Someothers no doubt will be broughtinto conformity.

A second challenge involvesallocation of resources. The high-quality programs demand a stu-dent-faculty ratio which is almostthe equivalent of a tutorial situa-tion. This obviously poses a ques-tion of what portion of limitededucational resources should bedevoted to this type of training ascompared with other forms of in-struction.

Orrin L. HelstadDean

PROGRESS INTHE FUND DRIVEDetailed Report Due in June

A larger number of alumni con-tributors, and a larger amount ofalumni contributions havemarked the 1977 Alumni Fundcampaign, which ends on April 1.Six hundred ninety-two alumnihad made contributions by Febru-ary 1, 1977, compared to sixhundred sixty-five in all of lastyear's drive. On February 1, totalcontributions to WLAA-from allsources, both alumni and non-alumni, exceeded the last drive'syear-end total by almost 15%.Con-tributions to the University ofWisconsin Foundation earmarkedfor the Law School have grownsubstan tially.

v

MEET THE NEW ASSOCIATE DEAN

After a nation-wide searchwhich produced a large number ofqualified candidates, ProfessorArnon Allen of University Exten-sion has been given the joint ap-pointment of Associate Dean inthe Law School and Chairman ofthe Law Department in Univer-sity Extension. The appointmenttook effect on January 1, 1977.

Professor Allen is a Wisconsinnative and a 1957 graduate of theUniversity of Wisconsin LawSchool.Because of his long tenurewith University Extension, he iswell known to many readers of theGargoyle. After practicing law fora couple of years, Arnie Allenjoined the Law Department ofUniversity Extension in 1960 and,with the exception of two years atthe University of Illinois, hasserved continuously with thatdepartment up to the presenttime. He has been Chairman ofthe Extension Law Departmentsince 1967 and will continue inthat position in addition to his ap-pointment in the Law School.

The appointment of ArnonAllen to the position of AssociateDean for Continuing Legal Educa-tion and related outreach servicesrepresents a new step in the post-graduate education and outreachservices of the Law School. Thefaculty debate over the extent towhich the Law School should par-ticipate in and devote resources tosuch activities has been going onintermittently for at least the past20 years. An official ExtensionLaw program was started in 1954under the-directorship of Profes-sor August Eckhardt of the LawSchool. Attorney William Brad-ford Smith served as director for aperiod in the late fifties and earlysixties, after which ProfessorEckhardt assumed the director-ship again. Since 1967, ArnonAllen has been the director.

Despite arguments over the ex-act role which the Law Schoolshould play in continuing educa-tion activities, the Law Schoolcontinued to maintain a closerela-tionship with the Extension Law

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program over all these years.Even after Extension programswere placed in a separate divisionof the University a few years ago,the Extension Law Departmentcontinued to be housed in the lawbuilding and at least half a dozenlaw faculty members have con-tinued to participate in continuingeducation programs on a more orless regular basis.

The "new" arrangement withUniversity Extension, therefore,is not all that new. The on-goingExtension programs which havebeen well received over the yearsare likely to continue, but the newarrangement should result ineven broader programming forboth lawyers and non-lawyers.Programming will be moredirectly under the auspices of theLaw School, and a ContinuingLegal Education Committee in theLawSchoolwill help give directionto the programs. The committeepresently is being chaired by Pro-fessor John Conway. Other mem-bers of the committee are Profes-sors Christenson, Irish, Kabaker,Remington, Weisberger andYoung.The new arrangement alsocontains incentives for wider par-ticipation by law faculty membersin programs for both lawyers andnon-lawyers.

Professor Allen

Professor Tuerkheimer

TUERKHEIMERREPRESENTS NATURALRESOURCES DEFENSE

COUNCILProfessor Frank Tuerkheimer

is the director of a small public in-terest law firm established torepresent the Natural ResourcesDefense Council. Five students ineach semester have worked underhis supervision on the projects un-dertaken for the Council.

During the first semester,1976-77, the firm, on behalf of theCouncil, intervened before theWisconsin Department of NaturalResources in connection with apermit application for the estab-lishment of a copper mine nearLadysmith, Wisconsin. The Ken-necott Copper Corporation pro-posed to run the mine through awholly owned subsidiary. If thesubsidiary were dissolved afterthe mining operations were con-cluded, and if there were longterm damage to the property, ad-jacent owners would have no oneto sue. As a result of the interven-tion, Kennecott agreed to dissolveits subsidiary and to run the minedirectly. It is expected that thisresult will set a precedent forfuture mining operations inWisconsin.

Professor Tuerkheimer reportsthat the students contributed sig-nificantly to the success of thecase. Each participant receivedacademic credit for the project.

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Nationally recognized legal ex-perts in fields varying fromwomen in institutions to women'sproperty rights will come to theUniversity of Wisconsin LawSchool on March 24-27, 1977. Theoccasion which brings them is theEighth National Conference onWomen and the Law. It is ex-pected that 1,500 to 2,000 personswill attend the conference.

The Conference "Women Help-ing Women Through Law" willfeature United States Representa-tive Elizabeth Holtzman (Demo-crat-New York), as the keynotespeaker. Holtzman, elected to theUnited States House of Represen-tatives in 1972, founded theBrooklyn Women's PoliticalCaucus. She has co-sponsored billsdealing with sex discrimination ininsurance, a national rape controlcenter and enrollment of womenin military academies.

Professor Herma Hill Kay, ofthe University of California-Berkeley Law School will give theopening address. Kay is a nationalleader in divorce reform. She willspeak on "Family Law and theEqual Rights Amendment: LastFrontier for Meaningful Reform."Kay is currently on leave andteaching at Harvard.

The Conference will focus onthe legal concerns of women: sexdiscrimination in employment andeducation, health and family prob-lems, divorce reform, prostitution,lesbian and minority women'srights. Many of these concerns arereceiving more attention and pre-sent a developing challenge inlaw.

Two new features of the EighthNational Conference will be theLesbian Law Section and theThird World Women Block. ElaineNoble, Congresswoman from

Boston, Massachusetts will ad-dress the Lesbian Law Section onthe opening night. The ThirdWorld Women Block win con-centrate on the concerns ofminorities.

The Conference expects to drawlaw students, professors, practic-ing attorneys, judges, legalworkers and political figures fromacross the country. Workshopswin cover women as victims,health, economic and familyissues, in athletics discriminationand women in institutions.

Other events include a Saturdaynight banquet, judges luncheonpanel, trial attorneys luncheonpanel and special interest groupmeetings.

Feminist pianist and vocalistMargie Adam from Davis, Califor-nia will entertain the ConferenceSaturday night.

Continued on page 15

Women responsible for Conference preparations are: (left to Right) Susan Bittker, Diane Post, Joanne Kinoy,Emily Mueller, Jill Anderson, Ann Fisher, Katrina Boedecker.

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JOINT BOARDS MEETJANUARV 26 INMILWAUKEE

The Board of Directors andBoard of Visitors of the WisconsinLaw Alumni Association met onJan uary 26 at the offices ofQuarles and Brady in Milwaukee.President Thomas Anderson,Madison, presided. The Boardsagreed to explore further a pro-posal to publish an alumni directo-ry. A computerized list of all alum-ni would be prepared in connec-tion with the publication, whichwould improve the efficiency of allalumni mailings.

A nominating committee wasappointed to nominate a presi-dent-elect, four directors andthree visitors. Mr. Anderson willact as Chairman; Mac A.MacKichan, past president, andRichard Olsonwill serve with him.Daniel Flaherty, LaCrosse, presi-dent-elect, will become President,and the new Board members willbe elected at the annual meetingof the association.

It was agreed that an effort willbe made to schedule a social eventfor alumni of the University ofWisconsin Law School in connec-tion with the convention of theAmerican Bar Association inChicago in August, 1977. TomasRussell, Chicago, class of 1967,was appointed to make the ar-rangements.

VIII

Ed Reisner, Assistant Dean andDirector of Alumni Affairs, re-ported on the progress of the Funddrive. He also reported that a re-cent invitation by the BenchersSociety to new members had pro-duced more than 25 newBenchers.

Plans for the Spring Programon April 23 were discussed. In ad-dition to the traditional events-reunion luncheon, annual meetingof the Association, awards con-vocation and dinner dance-aContinuing Legal Education pro-gram will be conducted throughthe newly established ContinuingLegal Education and Outreachprogram (see page 14).

The Board of Directors agreedto lend to the local Phi AlphaDelta chapter $500 from the trustfunds established by PAD undercontrol ofWLAAfor a special pro-ject.

FACUL TV NOTES

Professor George Young hasbeen appointed to the JudicialCommission, which was estab-lished in 1971 by the SupremeCourt of Wisconsin to "disciplineand correct judges who engage inconduct which has an adverseeffect upon the judicial adminis-tration of justice .... " Establish-ment of the Commission followedthe adoption by the Court of aCode of Judicial Ethics in 1967.

He will represent the State Barof Wisconsin on the Commission.Professor Young is a former Deanof the Law School.

Professor William Whitford hasbeen appointed hearing examinerby the Commissioner of Insurancein a matter involving the proposedmerger of the Surgical Care, BlueShield plan of the Medical Societyof Milwaukee County and BlueCross, the Associated HospitalService.

~-Pu,Laur ScAooe

JwruL J9~&uL, aput 1!

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!I'1Jndft J~.HiA Jienu>ttol C1.UU 1:hL LlLUJ SJwoL

From time to time, the Gargoylepresents some information aboutthe alumni who are honored bymemorial bequests. The Smalleyscholarship has been awarded forsome years to the Editor of theWisconsin Law Review. Mrs.Smalley, the donor of the fund,has recently enlarged it to provideneeded scholarship assistance toother students as well.

On April 1, 1968,A Memorial to[his] Life and Character was pre-sented to the Racine County Barby Harold A. Konnak, Charles F.Wratten and Roy D. Stewart-allprominent members of the RacineCounty Bar. Their presentationfollows;

May It Please the Court:

The committee appointed by theRacine County Bar Associationrespectfully presents to this Courtthis Memorial to the life andcharacter of George E. Smalley,long a respected member of theRacine County Bar, who died atMiami, Florida on February 19,1968, just short of the age of 70years.

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Mr. Gwynette Smalley, calledGeorge for his whole life, was amember of the class of 1922 andpracticed law in Racine until hisdeath in 1968.

He was born in Cuba City,Grant County, Wisconsin, onMarch 13, 1898 to Sherman E.Smalley, a former native ofMarengo, Illinois, and PollyRogers Smalley, who was born inEngland. His father had studiedlaw with the local Bar, and, afterbeing admitted to practice abouttwo years before George's birth,practiced law in Cuba City until1921 when he was elected Judgeof the Fifth Circuit Court and re-mained on the bench for about 22years or until January 1, 1943when he retired. His father'srecord as a Judge reflects creditand honor upon the judicial histo-ry of this State by reason of hisreputation for fine judicial tem-perament, outstanding fairnessand integrity, and a warm unders-tanding of why men and womenbehave as they do.

His father is credited with hav-ing given our departed brother thename of "Gwynette." We are toldfrom a reliable informant that thename came from "Button Gwin-net," one of the signers of theDeclaration of Independence. Whythe father settled on the namemust remain shrouded in mystery.

Suffice it to say that we maypresume the name "George" waspreferred by Mr. Smalley both as aboy and man, and if what we ofthe Racine County Bar havelearned about the Grant CountyBoys through such sterling ex-emplars as Vilas Whaley, JudgeSimpson, and Oscar Edwards istrue, he probably found the nameGeorge easier to bear in that rug-ged country of SouthwesternWisconsin.

Pursuing his education in thepublic schools of Cuba City,George Smalley completed thework of successive grades until hewas graduated from high schoolwith the class of 1914. He after-ward attended the University ofWisconsin, where the Bachelor ofArts degree was conferred on himin 1918. In February of that yearhe joined the United States Armyand went overseas, remaining forfifteen months, and in 1919 he at-tended Trinity College in Dublin,Ireland, where he studied law andattended lectures on legal subjectsuntil July, 1919. He received hisdischarge from the army inAugust, 1919, after having servedas a sergeant through the time ofhis enlistment.

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With his return to his nativeland Mr. Smalley again enteredthe University of Wisconsin andwon his Bachelor of Laws degreewith the class of February, 1922.He then began practice with Thor-wald M.Beck, whowas district at-torney, and Mr. Smalleywas madeassistant district attorney, thusserving for three years, when thefirm of Beck, Simpson & Smalleywas formed. This later becameBeck, Smalley & Smith, and inthat connection he practiced until1927, since which time he prac-ticed law alone with his offices inthe Janes Building for more than30 years.

He practiced law quietly with-out much fanfare, but acquired aloyal group of clients of substan-tial means who were attracted byhis clear reasoning and logical ap-proach to business and other prob-lems. He was an "office" lawyermore than a "court-room" lawyer,but his facile tongue enabled himto give a good account of himselfwhen his problems requiredjudicial construction.

George Smalley

x

Throughout his years as a law-yer, he was active in the affairs ofthe Bar. He was president of theRacine Bar, a member of theBoard of Governors of the StateBar, and a life-longmember of theAmerican Bar Association. Healso served as a Circuit CourtCommissioner for a period ofmorethan 30 years.

He was extremely interested insports and was a top-notch golfer.He helped organize the firstRacine Legion football team, theprecursor of the Green BayPackers, and was also one of theleading promoters of the Girls'Soft-Ball League which had a col-orful history for many years. Hefaithfully followed the vagaries ofthe University of Wisconsin foot-ball teams and would be found inthe stands during the poor yearsas well as during the successfulones.

For years he was a member ofthe Board of Trustees of the ElksLodge of Racine and maintainedan unflagging interest in theaffairs of this fraternal society.

For many years George Smalleywas unmarried, but on September18, 1946 he put his bachelorhoodbehind him and married MaudSine Bock, who lived in NorthernIllinois at Wadsworth. This unionwas a happy one, and those whoknew George Smalley best wouldjoin in affirming that the yearsafter his marriage were the hap-piest and most rewarding years of

his life. Their lovely country homefurnished a beautiful setting fromwhich the happy couple dispenseda generous and gracious hospi-tality to a wide circle of friendsand acquaintances. Mrs. Smalleysurvived her husband's death, andit should be a source of deep com-fort to her to know that her charmand fine character had added im-measurably to the savor ofGeorge's life.

Not all lawyers or laymen knewGeorge Smalley well. He was con-sidered by some to be reserved anddetached from ordinary contacts.But those who knew him in-timately can attest to his alertmind; to his unfailing sense ofhumor; to his loyalty to his closefriends and associates; to hisstrong common sense, simplicity,and directness.

Time moves on. Friends andloved ones depart. But memoriesremain to frame the pictures weretain of our friends deep in ourhearts.

Respectfully submitted,

Harold A. KonnakCharles F. WrattenRoy D. Stewart

Committee for theRacine County Bar

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In January, 1976 the FederalTrade Commission promulgateddraft regulations which would re-quire used car dealers to discloseto buyers the condition and prioruse of the vehicles they sell. Dur-ing 1976, and the first part of1977, the FTC has been holdinghearings on the proposed regula-tions and has invited consumerand industry advocates to testify.

Of particular interest to theFTC is Wisconsin's disclosure law,passed in 1974 and quite similarto the proposed FTC regulations.Consequently, the FTC contractedwith the Center for Public Repre-sentation to document theWisconsin experience for presen-tation at the final public hearing,slated for April, 1977 in Washing-ton, D.C.

The project reflects a great dealof effort on the part of the faculty,lawyers and research assistantsinvolved. Headed by Law SchoolProfessor Dave Trubek, DirectorofResearch at the Center, the pro-ject staff has approached thestudy from two angles. Beginningin September, 1976, the regula-tions have been examined from anintrastate and interstate perspec-tive. Intrastate, by comparing theWisconsin situation before andafter the regulations went intoeffect; and interstate, by compar-ing Wisconsin data to data fromIowa and Minnesota, where simi-

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Professor Trubek

lar disclosure laws do not exist.Using this information, the staffwill be able to detail the effects ofthe law upon the price of usedcars, on the kinds of cars nowbeing sold through dealerships, onconsumers' pre-sale decision-making patterns and on theresolution of post-sale repair dis-putes. A by-product of the study isa "mini-project" analyzing themechanisms by which Wisconsinenforces its dealer regulations andsettles consumer complaints.

To collect all the data, the staffhas mailed 5,000 consumer ques-tionnaires to Wisconsin, Min-nesota, and Iowa residents and1,500 dealer questionnaires toused car dealers in Wisconsin.Also, interviews have been con-ducted with key state and localpersonnel in all three states, andstate legislative and consumercomplaint files have beenreviewed.

Professor Macaulay

The study will comprise the ma-jor portion of the Center'stestimony before the FTC. A re-port and a consumer handbook onused car buying will possibly beother results of the study, slatedfor completion March 31.

Also working on the FTC pro-ject are: Center staff attorneyMichael Pritchard, Law SchoolProfessor Stewart Macaulay, Bus-iness School Professor JackNevins, and Professor Irwin Gar-finkel of the Institute forResearch on Poverty. SuzanneGriggins, L-3, and Steve Tronick,graduate student in business, arethe project research assistants.

XI

~(LUJ' ScJu,d S~ p~ BtU-A

r~ r p~ R.eAf~

Lawyers have never been moreaware of their public image thanthey have been since the Waterg-ate scandals came to the surfacein 1973-75. Their own awarenessis sharpened by the vast publicconcern with their competence,diligence and integrity. In a worldincreasingly tangled in legalsnarls, the services performed bylawyers are threatened with ex-posure to public view in a way notseen or contemplated before.

Faculties and institutions con-cerned with the education andtraining of lawyers naturallyshare the profession's and thepublic's interest in the standardsof the professional people theyproduce.

As a condition of graduation, allUniversity of Wisconsin law stu-dents must satisfy a course re-quirement in professional respon-sibilities. This can be ac-complished by passing one of thetwo intensive courses on the sub-ject-Professional Respon-sibilities and the Legal Profession,or by successfully completingeither the General Practicecourse, or Problems in ProvidingLegal Services to the Indigent.Each of the latter courses incor-porates legal ethics and the law-yer's responsibilities as part of thecourse.

One very important contribu-tion to the study of professionalresponsibility is the newly revisedbook entitled the Lawyer inModern Society (Little, Brown,1976).Wisconsin Law School pro-fessors Ted Finman and TheodoreJ. Schneyer are co-authors, along

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with Professor Vern Countryman,Harvard Law School. ProfessorsFinman and Countryman are theauthors of the first edition,published in 1966. The Lawyer inModern Society is used as the basisfor the intensive courses in Pro-fessional Responsibility offered inthe LawSchool.It is a large collec-tion of materials on all aspects ofthe regulation of the legal profes-sion and emphasizing, in the newedition, such recent developmentsas the adoption by the ABA of anew Code of Professional Respon-sibility to replace the Canons ofProfessional Ethics, and the im-pact of consumer pressures onrules affecting group legal ser-vices, lawyer advertising, and thedelivery of legal servicesgenerally. The authors agree thatthere is much too much materialfor a one credit course, 'and sug-gest that the book be used in avariety of ways.

For example, ProfessorSchneyer notes that the firstthree chapters can form the basisof a one credit semester course.Chapter 1 is background, andassigned as outside reading. Itcontains information on the cur-rent composition of the legal pro-fession, the nature of variousmodes oflaw practice, and the rolethat lawyers play in communityaffairs and politics. Chapters 2and 3 make up a section called"The Practitioner," and respec-tively raise the common problemslawyers encounter when dealingwith their clients and when actingfor them. In the first category are

problems related to quality of ser-vice, conflicts of interest, and fees;how "far" a lawyer may go inbehalf of a client in litigation, innegotiations, and in other contex-ts is the central problem in thesecond category.

No one claims that such acourse can transform a personwith dishonest tendencies into anhonest person. What is expected isthat prospective lawyers will gainsome understanding of problemsthat can arise and particular con-texts in which they are likely toarise.

Professor Schneyer

THE GARGOYLE

In the General Practicecourse-now offered to 160 thirdyear students each year-profes-sional responsibilities of the law-yer are emphasized in everyphase. The co-directors-RichardLong of Beloit and Warren Stolperof Madison, both long-time prac-ticing lawyers-feel strongly thatdiscussion of ethics led by practic-ing lawyers assists students im-measurably to recognize problemsin the beginning stages or beforethey begin. Mr. Long emphasizesthat students should be aware ofthe lawyer's duties to 1) informhis/her client of the lawyer'smistakes; 2) prevent frauds frombeing perpetrated by clients orothers on tribunals. Mr. Stolperfeels that rules can only providethe beginnings; the Bar needspractitioners of judgment andwisdom-in addition to the rules.They agree that present-day stu-dents are deeply concerned aboutethical questions and participateeagerly in discussions with theirGeneral Practice teachers.

In recent years, course work inprofessional responsibilities suffi-cient to satisfy the graduation re-quirement also has been offered inconnection with two law schoolclinical programs. Clinical in-structional settings provide an ex-cellent opportunity for training inprofessional responsibilities.

It is broadly recognized that theteaching of Professional Respon-sibilities ought not only be doneintensively, segregated from therest of the curriculum. It is in-cluded as part of the learning pro-cess in most courses. One cannotstudy Contracts, Torts, CriminalLaw, Family Law, or Evidence, forexample, without considering theprofessional obligations of thelawyer. Accordingly, mostteachers in these fields devotesome time to ethical problems.

Professor Finman

GOLDSTEIN RAISES FUNDAMENTAL ISSUES

Professor Goldstein

THE GARGOYLE

Policing a Free Society(Ballinger, 1977), a major work byProfessor Herman Goldstein, hasrecently been published. The pri-mary objective of the book is to ex-plore fundamental issues arisingin the policing of our societywhich, Professor Goldsteinargues, have not received the at-tention they require. Among thechapters are those that deal withsuch problems as defining thepolice function, developing alter-natives to the use of the criminaljustice system, categorizing andstructuring police discretion,achieving political accountabilityon the part of the police, and con-trolling and reviewing police-citizen contacts.

Professor Goldstein, who joinedthe Wisconsin Law School faculty

in 1964, has been concerned withthe police function for manyyears. Before coming to Wiscon-sin, he served four years as a keyadministrator in the ChicagoPolice Department. And beforethat he worked on the AmericanBar Foundation's Survey of theAdministration of CriminalJustice, studying and analyzingon-the-street activities of police inWisconsin and Michigan. He is co-author of the ABA's book, The Ur-ban Police Function (1973).He hasserved as consultant to the Presi-dent's Commission on Law Enfor-cement and Administration ofJustice, the National AdvisoryCommission on Civil Disorders,the National Institute of Law En-forcement and Criminal Justice,the Police Foundation, and theKnapp Commission in New York.

XIII

TOO LATE FOR SKIING TOO EARLY FOR GOLFit may rain

What is there to do on a nice April Saturday?

THE UW lAW SCHOOL

Reunion luncheon

DISTINGUISHED AlUMN'-FACUl TY AWARDS

WlAA - AN NUAl MEETINGMOOT COURT F.INAl ARGUMENTS

STUDENT AWARDS CONVOCATION

Gala Dinner Dance

~: CLE PROGRAMS on Friday, April 22and Saturday. April 23 '

ESTATE PLANNING 1:00 - 4:00 PM Friday

Professor Charles IrishProfessor Richard Kabaker

CONFLICTS OF LAW 9:15 - ~1:l5 AM SaturdayProfessor Gary L. Milhollin

XIV THE GARGOYLE

Com/'(J UfO ~J;n-t.ItL £aw !l~

Professor Weisberger Professor Tushnet

Professors June Weisbergerand Mark Tushnet will be promi-nent contributors to the Wiscon-sin Law Review, Volume 1977, No.1. Ms. Weisberger's article is en-titled The Appropriate Scope ofBargaining in the Public Sector.The subject of Mr. Tushnet's is

CONFERENCE, continued from p. 1

Perspectives on the Development ofAmerican Law: A Critical Reviewof Friedman's "History of Ameri-can Law."

Volume 1977, No.2 will presentan article by Ronald Silverman,entitled Subsidizing Tolerance forOpen Communities.

The Conference has become aforum for the examination ofwomen's current status in theAmerican legal, political and eco-nomic system. It is an opportunityto share expertise on substantivelegal issues and to developstrategies for litigation and politi-cal action.

THE GARGOYLE

The University of WisconsinWomen's Law Student Associ-ation was chosen as the site of the1977 Conference during lastyear's Conference at TempleUniversity in Philadelphia. TheConference rotates throughoutthe country and has gone fromNew York to California, from

Chicago to South Carolina. Atten-dance has grown from 50 womenin 1969 to 2,050 at Temple in1976. As the Conference increasesin size, it plans to broaden itsscope to include more of the ever-increasing legal concerns ofwomen.

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