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Res Gestae Law School History and Publications

1974

October 11, 1974University of Michigan Law School

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Recommended CitationUniversity of Michigan Law School, "October 11, 1974" (1974). Res Gestae. Paper 593.http://repository.law.umich.edu/res_gestae/593

� MI�HJGAN ' f LAW SCHOOL

WEEKLY ,R E g �GESTAE

OCTOBER 11 , 1974

Case STUDENT LIFE IT COULD HAPPEN TO YOU

By Ken Hemming

Every Dog Ha s His Day Snoopy

Richard lUACKENSWORTH v.

l) A.tJ1UtiCAN TRADING TRANSPOR-l TATION CO. 1975 Civ. A. No. 71HH3.

.

United States District Court, S b · h b h o ld d Q1» 1\lfT:CfJ E. D. Pennsylvania.

noopy may e r1g t , ut t e a ag • r �·�� "S t · t th b .

· d . • Nov. 19, lg"73. orne 1mes you ea e ear , an somet1mes . . _ _ . _ .

the bear eat s you"--would be more applica- -Cite us S67 F.Supp. S73 (1973) b le to what happened to me last week . A seaman, with help of legal sages, ,

On Wednesday , I woke with an advanced ca se of hives . Never having had them befor e , I spent five minutes tearing the covers and sheets off my bed , searching for bedbugs . Finding none , I went in to shower , sti l l wondering what had caused my body to welt­up . I gues sed that my laundry hadn ' t cleaned right , and recycled dirt in. the whites wa s the cause of my growing dis­comfort . So , I scrubbed extra hard and decided to wear my bathing suit to class . in l ieu of underwear .

-

A s I rinsed , I heard a noi se s imi lar to breaking g la s s . Sticking my head out the shower curtain , I saw mil lions of bits of g lass s trewn on the floor alongside the bathtub . A s I looked at what was before the bathroom window , I wondered who would be liable i f I cut my feet , the landlord or myse l f . In the spirit of avoiding litiga­tion, I ginger ly stepped out of the tub , sustaining only a minor finger cut when I grabbed a piece of g la s s that should have been the candy wrapper I thought it was . I decided to be brave toothbrushing before leaving the bathroom, for what more could happen? I soon found out , as I leaned over the s ink to spit out the used toothpaste . The left lens from my wire-rims popped out for umpt eenth time , but shat tering for the first .

Deciding it would be safer in Hutchins Ha l l , I left quickly for c la s s , a fter having dug out an o ld pair of rose- tinted sa fety g la s s e s I got while working at a fac tory .

( s ee YOU page 1 1 )

Sued a shipowner for his wages. The defendant, in New York City (Where served was process without

pity) Thought the suit should fade away, Since it was started in Pa. The District Court there (Eastern

District) Didn't feel itself. restricted And in some verse by Edward R.

Becker, J., Let the sailor have his day. The owner, once to earn freight fare, Sent ship to load on Delaware. Since it came to reap in port, T'was turnabout to show in court, With process so to profit tied.

Motion to dismiss deni.ed.

1. Process Q;;:::>62 Long-arm service is a proce<.iural tool Founded upon a "doing busine&s"

rule. 42 Pa. s. § 8309 .

2. Courts ¢=>1.2(2) A New York shipowner whi�h, to its

later dismay Loaded a shit> in Philly, Pa. In the year of Our Lord 1972 Could be served in a suit there by

seafarer who Claimed that his wages wel,'e long

overdue, ·

Shice the loading, in the learned (!Ourt's ken of it

was a single act done f01." pecunia!·y .

benefit And thus doing business (for profit

to boot) Within the state's long-arm statute.

(See VERSE page 2 )

( VERSE c o n t ' d from page / ) 367 FEDERAL SUPPLEMENT

46 U.S.C.A. § 594 ; 42 Pa. S. § 830fl (a) {3) . ·

S. Coul"ts �12 (2) Undet· the Commonwealth statute

providing That in cases of persons elsewhere

residing, , "The doing of a �ingle act * * *

for the putpose of thereby real­izing pecuniary benefit or oth­erwise accomplishing an object with the intention of illitiating a series of, such aCts." 1 \ . .

No future intention is needed When "pecuniary profit" is heeded ; One acting from profit ambition Need not contemplate repetition. 42 Pa. S. § 8309 (a) (3) .

4. Courts e=>l2(2) Lest the long-arm statute make all

nervous It was amended to itvoid guess And to extend long-arm service To the full reach of due process. 42 Pa. S. § 8309. I t

5. Constitutional Law e=>S05(6) A New York shipowner who

· Once sent its vessel over the blue For loading in Philly, in '72 Could be sued there, to its rue In accord with process due Under International Shoe.

Cohen & Lore, Harry Lore, Philadel­phia, Pa., for plaintiff.

Krusen, Evans & Byrne, E. Alfred Smith, T. J. Mahoney, H. Wallace Rob­erts, Philadelphia, Pa., for defendant.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

The motion now before us • has stirred up a terrible fuss.

I. In nautical terms, the wage statute is stowed

at § 594 of 4G U.S.Coue.

2.

And what is considerably worse, it has spawned some preposterous

doggerol verse. The plaintiff, a man of the sea, after paying h is lawyer a fee, filed a complaint of several pages to recover statutory wages.1 The· pleaded facts remind us

of a tale that is endless. A seaman whom for centuries

the law has called "friendless" is discharged from the ship before

voyage's end and sues for lost. wages, his finances

to mend. The defendant shipping company's

office is based in New York City, and to get right down to the nitty

gritty, it has been brought to this Court by

long arm service,2 which has made it extremely ner­

vous. [1] Long arm service is a pro­

cedural tool founded upon a "doing business"

rule. But defendant has no office here,

and says it has no mania to do any business in Pennsylvania. Plaintiff found defendant had a ship

here in June '72, but defendant says that ship's busi-

ness is through. Asserting that p rocess is amiss, it has filed a motion to dismiss. Plaintiff's counsel, whose name is

Harry· Lore, read defendant:s brief and found it

a bore. Instead of a reply brief, he acted

pretty quick and responded with a clever limer­

ick : "Admiralty process is hoary With pleadings that'tell a sad

story Of Libels i n Rem-

2. Long arm service is effected, not . by stealth,

but through the Secretary of the Common· wealth.

( s ee VERSE page 7 )

WOMEN AND lAW CONFERENCE

The Na tiona l Conference on Women and the Law wi l l be held sometime in March 197 5 . The Conference wi l l take p lace at Stanford Univer sity in Pa lo A lto , Ca li fornia . We estima te that the cost of attending the Conference inc lud ing reduced group airfare , registrat ion fees , room (hopefu l ly free) and board wil l be approximately $ 27 5 . 00 .

The Women Law Students Association was a llocated on $ 1 80 . 00 for the Conference by the Student Sena t e . The W . L . S .A . ha s es­tablished a Na tiona l Conference Fund Raising Committee to raise more money . In order to equitably apportion whatever· morley may 'be raised by the Committee , guidelines have been set to determine who is e ligib le to receive money and the manner in which _ the money wi l l be apportioned .

ELIGIBILITY :

In order to be eligible to receive money raised by the Committee , a person must

1 . Sign up in the Women ' s Off ice for the Fund Rai s ing Committee ,

2 . Attend meetings to 'plan fund raising activities , and

BARRISTERS

Barri sters wi l l meet Fr iday , Oc t . l l a t the University C lub from 4- 6 p . m. New member s wi l l be elected a t the meet ing . In order to vote , you must attend .

CO REC SPORTS

The dead line for r egistering co-ree volley­ba l l teams is 5 : 00 p .m. Monday , Oct..,· 2 8 , 1974 a t the IM Building . I f you are reg­is ter ing a team and want to avoid paying the entrance fee , ca l l the LSSS Sports Committee a t 764- 906 5 , before a ctua l ly signing up .

Due to a lack of just about everything necessary to the running of an inma te lega l services program, the Mich igan T�� .

mate Assistance Program wi l l b e abo l ished as of this schoo l year . Tentative ap­prova l from the Student Senate has been obtained for a c losing coloquium on prison law, to be held ear ly next semester . MIAP wi ll engage in no other s tudent or prisoner oriented activities during the academic year 1974- 7 5 .

Carol Kol l en MIAP Co-d irector

3 . Par ticipate in a l l fund rais ing activities .

APPORTIONMENT :

1 . Both the $ 180 . 00 from the Student Senate and a l l money raised by the Committee wi l l be inc luded in tpe fund to be dis­bursed .

2 . The tota l sum in the fund wi l l be di­Vided in equa l port ions between the peop le who are eligib le to receive i t .

We would also like to encourage a l l people who have sufficient funds to attend the Conference without aid to sign up in the Women ' s Office so that arrangements can be made for group transporta tion and lodging .

. ' - . " '

MENTAL HEALTH lAW

Menta l Hea l th Law Organi za tiona l meeting Tuesday , Oct . 1 5 , 7 : 30 p .m . HH 136 . lf you are interes ted in any of the fol lowing - - -

Rights o f Menta l Patient s Civil Commitment

Right To Treatment

Psychosurgery Insanity Defense and the D i sposition

o f those found not gui lty by rea­son of insanity

Pschiatric Ma lpractice Behavior modification in menta l

Hospita ls and Prisons

P lease A ttend . If interested , but not ab le to attend , contac t Howard U lan , Lawyers 1Club B - 14 , 764- 8093 . 1

3

• more not1ces Got Got ideas to improve

Scheduling? system? Air

/give to 16, 3:15 p.m. Room

Dean Rivera, Wed., Oct.

LAW SPOUSES GROUP

The Law Spouses group is looking for a new name (a fact which should surprise no one), a name which will at once reflect the group' identity (husbands and wives of law students and its broadened base of membership (to­day law students are not necessarily males, consequently are not all married to females. In fact, the reverse is occasion­al true).

In attempting to tax the a heavily-taxed minds of law students and professors regarding this question, we are offering a PRIZE for the suggestion we adopt, which will be announced in a future issue.

Obscenities wi 11 be." disregarded; almost any-thing else will be with care.

Submit entries to the Law Spouses mailbox* in the Law Club Office. **It's possible the box is still labeled "Law Wives" ••....

Ca 11 Wendy Roth 761-7258

party who "borrowed" materials from the R.G. ce kindly retur:l them.

TRAIN BUFFS

Comin' down the track this Tuesday, October 15, 8:00 to 9:00p.m., is a program on the

of the Ann Arbor Railroad, with slides, by local historian Wystan Stevens. We'll look for all you Ann Arbor nostalgia nuts and railroad freaks ...• Law Club Lounge sponsored Law Spouses.

Questions: Call Wendy Roth 761-7258 By 10/9

4

On Thursday, October 17 the International Law Society will present Professor Bernard J. Davis and Professor Alex Easson, speak• ing on '~ultinational Enterprise in the Canadian Economy", at 6:45 p.m. in the Fac-~· ulty Dining Room of the Lawyers Club. The Soc will host Professor Davis and Easson at a dinner preceding their presentation at 5:45 p.m. in the Faculty Dining Room. Any­one wishing to attend the dinner should sign up on the list outside the Society's office door (102B Legal Research) by noon Thursday.

The International Law Society invites any• one interested in practicing the followin~: foreign languages to take part in the wee~~~ ly language tables:

Dutch--Monday French--Wednesday German--Thursday

The tables meet in the west end of the lawyers club dining hall at 5:30 p.m. If you don't eat at the lawyers club and don't: want to buy a meal you can brown-bag it allilt. tell the checker you're not going to ea~ dining hall food (please keep your word

A number of people have signed up for Spanish. If you are interested in st~~ a table, drop by the ISL office in the ~se­ment of the library and talk to anyone there or suggest a day on the list on the. office door.

If you speak one of the "rarer" language'8·, check the sign-up list for names and num­bers of others who have signed up and give them a call.

PHI ALPHA DELTA

Phi Alpha Delta Law Fraternity will have Prof. B. Pooley as its guest speaker on Thursday, Ocotber 17. The topic will be "Comparing Legal Systems--Great Britain and the U.S."

Our luncheon meeting is at noon in the Fac-· ulty Dining Roon (between the Lawyers Club and the Student Dining Room). Everyone is invited, and free coffee is provided.

JOE FENECH

STAN FORD KEN HEMMINGs-

_ _ __ _ _ _

R . RICHARD LIVORINE GEORGE A . PAGANO KURT THORNBIADH _ DOROTHY JEAN BLAIR

The dead line for pub lication in R . G . is 1 Tuesday noon of the same week .

A wo,6N ::ToJ/1 IJiitt, /)ISTINIIIISI/ro CIJI'/fJIIIIYf' OUTAIJ'E�IIS.I

LETTERS

Dear Res Gestae,

Insefar as this is "University Value Year, 11

I think it's fitting for someone at the law school to revive the discussion of what per­sonal values we as attorneys should accept. Naturally, 'the danger of 'any such series is that it might spark little besides polemic and dissension, not to mention a lot of pom­pons preaching. Nevertheless, I think it might be worth investigating whether someone or some people--could furnish some lucid statements on the and impropriety of focusing upon intellectual excellence where other concerns such as a more equal distribution of income or a cleaner environ­ment, may suffer. Comments about the con­nection between lawyers, affluence, and the pursuit of material asquisiti~ns might also be stimulating.

I hope you find a way to accomplish this. Good luck. s/JOSH GREENE 75

Dear RG:

I feel compelled to express my extreme dis­pleasure over the outrageous exhibition presented at the Law School this Friday.

An overflow crowd came to Room 100, pre­sumably to see a presentation on criminal responsibility by Chief Judge Bazelon of The D.C. Circuit.

~nstead, we were subjected to the gratul ~us ramblings of Professors Burt and Watson under the guise of "an academic dialogue". Burt's disjointed introduction alone, consisting primarily of his fanta­sies about Judge Bazelon's appearance at "our11 Law School and the good old days when He clerked for "the Judge", success­fully kept Judge Bazelon from saying any­thing for a full fifteen minutes.

Judge Bazelon's total contribution clocked in at about 22 of the 60 minute perfor­mance, sandwiched in by a great deal of ,

self-indulgent bullshit. The sole excep­tion was Professor Allen's stimulating contribution which, unfortunately, failed to stem the flow. '

It should be noted further .that in keepin~ with the general tenor of the afternoon, student participation in the "dialogue" was allotted a generous five minutes, scheduled to occur after priority items were dispensed with. Fortunately, we were saved from this belittling experience when Burt ended student questions after the first two apparently failed to meet his standards of excellence and the remaining

was expended on Burt's fond merom::L~s of his favorite Peanuts cartoon on Judge Bazelon's office wall.

Instead of permitting our law school com~ munity to utilize a true opportunity to learn from one of the human is tic and tho~­ful jurists in the country today, the oc­casion was usurped for the ego gratifies~ of one or two individuals.

We (the students) and our education were, as usual, the losers.

S/Jim Jenkins

AN OPEN LETTER TO R. RICHARD LIVORINli Dear Rich--

Just finished reading your "garbage" ia ~ ~· Gestae and had a few questions.

Hey man,--are you for real? I mean, 1~~ where is your head? You can't really be into what you write--no one could be th~ absurd. But just what is your game, ~ Like lvhat gives? Come on, get it togetrnc.!: Turn on, tune in, drop out! I mean, li~ how can you possibly be so straight? T~ is 1974, man--get with it! I mean, ism"t it about time to free your mind from th~ shackles of mundane bourgeois capitalis~ reality and move on to more cosmic leveD•~

Dear "Space Kadet,"

Yours For Peace &.Love­"Space Kadet"

If you wish to address comments in care of R.G. kindlyrefrain from damaging the doo,;· of the office by tacking on your notes~

--ED.

( VERSE c ont 1 d from page Z )

MACKENSWORTH v. AMERICAN TRADING TRANSPORTATION CO. 375 Cite as 367 F.Supp. 373 (1973)

The bane of sea-faring men whether that act so applied is con· The moral : stitutional under

· Washington

Better pe�·sonally served thnn v. International Shoe.4 be sorry."

Not to be outdone, the defense took the time

to reply with their own clever rhyme. The defense counsel tea� of Ma­

honey, Roberts, & Smith drafted a poem cutting right to the

pith : ! "Admiralty lawyers like Harry Both current and those kno'vn

from lore · Be they straight types, mixed

or fairy ·

Must learn how to sidestep our bore.

For S!nith, not known: for his mirth

<

With his knife out for Mack­ensworth

With Writs, papers or Mo­tions to Quash

Knows that dear Harry's posi­tion don't wash."

Overv>'helmed by this outburst of pure creativity,

we determined to show an equal pro­clivity.

Hence this opinion in the form of . '

verse, even if not of the calibre of Saint-

John Perse. The first question is whether, under

the facts, defendant has done· business here to

come under Pennsylvania's long arm acts.3

If we find that it has, we must reach question two,

3. Designed to relieve the 11laintiff's service burdens,

Pennsylvania's latest long arm law may be found at § 8309 of 42 Purdon's.

4. Thnt decision of the Supreme Court of CQurts

may be found at page 310 cf 326 U.8. Reports. [66 S.Ct. 154, 90 r,.Ed. 95]

5. The words of the statute are overly terse, still we will quote them, though not in

verse :

7

Defendant runs a ship known as the SS Washington T1·ader,

whose travels plaintiff tracked as Gl\1 is said to have followed Nader.

He found that in June '72 that ship rested its keel

and took on . a load of cargo here which was quite a big business deal.

[2] In order for extraterritorial ju-risdiction to obtain, .

it is enough that defendant do a sin­gle act in Pa. for pecuniary gain.

And we hold that the recent visit of defend:mt's ship to Philadel­phia's port

is doing business enough to bring it before this Court.

[3] We note, however, that the amended act's grammar 5

is enough to make any thoughtful lawyer stammer.

The particular problem which de­serves mention

is whether a single act done for pe­cuniary gain also requires a fu­ture. intention.

[ 4] As our holding suggests, we be­lieve the answer is no,

and feel that is how the Pa. appellate cases will go.

Further, concerning § (a) (3) 's "shipping of merchandise"

(a) General rule.-�\ny of the following shall constitute "doing business" for the purposl's of this chapter :

(2) The doing of a single act in this Commonwealth for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an ouject with the intention of initiating a series of such acts.

(3} The shipping of merchandise directly or indirectly into or through this Com·

monwealth. '

42 ra. s. § 8309.

{ s ee VERSE page 8 )

( VERSE c on t 1 d from pa'ge 7 ) 367 FEDERAL SUPPLEMENT

the future intention doctrine has al­ready had its demise.o

We do ·not yet rest our inquiry, for as is a judge's bent,

we �ust look to see if there is prece­dent.7

And we found one written in '68 by three big wheels

· on the Third Circuit Court of Ap­peals.

The case, a longshoreman's personal injury suit, is Kane v. USSR,

and it controls the case at bar. It's a case with which defendants

had not reckoned, and may be found at page 131 of 394

:F.2d. .

In Kane, a ship came but once to. pick up stores

and hired as agents to do its chores a firm of local stevedores.

Since the Court upheld sel'vice on the agents, the case is nearly on all fours,

and to defendant's statutory argu­ment Kane closes the doors.

Despite defendant's claim that plaintiff's process is silly,

there have been three other seamen's actions against defendant, with service in Philly.

And although they might have tried to get the service corrected,

the fact of the matter is they've never objected.8

6. See Aquarium Pharmaceuticals Inc. v. In­dustrial Pressing and Packaging (E.D.Pa. 1973 ) . Prospects for suit o n a single goods ship­

ment are decidedly greener because of the A.quarium decision of Judge

Charles R. Weiner, holding that, in a goods shipment case no fu­

ture intention is 11eeded ; the message of Aquarium we surely ha've heed­

ed. Anyone who wishes to look Aquariuit' up

can find it at p. 441 of 358 F.Suprl.

7. \Ye thus reject the contention that one of the judicial \"ices

it1 too much reliance on &tare decisis.

8

[5] We turn then to the constitu­tional point,

and lest the issue come out of joint, it is important that one thought be

first appended : the reason the long arm statute was

amended. The amendment's purpose was to

eliminate guess and to extend long arm service

to the full reach of due process.9 And so we now must look to the facts to see if due process is met by

sufficient "minimum con-tacts."10

The visit of defendant's ship is not yet very old,

and so we feel constrained to hold that under traditional notions of

substantial justice and fair play,11

defendant's constitutional argument does not carry the day.

This Opinion has now reached its final border,

and the time has come to enter an Order,

which, in a sense, is its ultimate crux,

but alas, plaintiff claims under a thousand bucks.

So, while h'ial counsel are doubtless in fine fettle,

with many fine fish in their trial kettle,

we u rge them not to test their met­tle,

8. Berrios y. Amerkan Trading & Production Co. (AT&P) (defendant';; predePessor) , C.A. 68-41 ; Gibson v. A'l'&P, C.A. 68-1460. And in Battles v. AT&P., C.A. 73-102,

in this very annum, scn•it>e on the Secretary of the Common­

wealth was authoriz•Jd by Judge John B. Hannum.

9. See Aquarium Pharmaceuticals Inc. v. In­dustrial Prcsing & Packaging, stepra, nt 444.

1 0. See International Shoe v. Stute of Wash· ington, supra, at 316.

I I . .�ee id.

( see VERSE page JO )

ICLE

"The Sma 1 1 Bus iness-- -Organiza tion , Opera ­tion and Termination" i s ' the subject of seminars to be pre sented by the Institute of Continuing Lega l Educat ion (ICLE ) . Thr.ee sepetate programs are s cheduied : Oct . 24- 26 at Hotel S t . Regis in Detroit ; Nov . 14- 16 at the Princess Hotel , Hamilton , Bermuda ; and Nov . 20- 2 2 a t MGM Grand Hotel in Las Vega s , Nev .

The program, designed for the lawyer who is in genera l practice , will dea l with tax, security and genera l business law aspect s of sma l l busines�es , says an ICLE announce­ment .

Program fee , inc luding two luncheons , is $ 13 5 and a specia l young lawyers ' rate is $ 90 . Further informat ion may be obtained from ICLE , Hutchins Ha l l , Ann Arbor , Mich . 48104 . (Phone : 313- 7 64-0533 ) .

WOMEN lAW STUDENTS ___ .

Drop in the Women ' s Lounge today (Friday , October 1 1 ) a fter 3 : 30 for wine , lemonade , munchies , sis terhood and scintillating con­versa tion . It ' s an opportunity to relax and get to know other women law student s . Due to the depleted s ta te o f our asset s , we ' l l have to a sk for a sma l l donation to he lp defray expenses . However , i f your a ssets are a lso dep leted don ' t hesitate to come !

Women Law Student s ' Associa tion

Anyone in.terested in a ttending the Midwes t Conference on Women and the Law in Chicago on November 8 , 9 , 10 should s ign up immediate­.1..!· Further information and sign-up ,shee t s are located on the bulletin board next t o 118 L � R . B � and on the wa l l next to the Women ' s Lounge .

b l n t k l r t t r r l i f t ' PLAYING COPS AND ROBBERS '

by R . Richard Livorine

This pa s t week-end I had the opportunity to ride with the Wa shtenaw County Sheri ff ' s pa trol in an a lleged high-crime district as an observer . After getting to know the officer I wa s with (to the point of reading a short-story he had written and was trying to pub lish and yes it was very good which reminds me to say he is a ful lt ime s tudent a t Eastern in creative wri ting arguing with me about the role of scansion in ana lysis o f poetice intrusion in prose) we g o t a long very we l l , hence , near the end of the shi ft the line between feeling-like-�n-observer

�; · fee ling- like-a-participant b ecame very b lurred . In fact , at one point we picked up a junkie with whom I had the �lea sure of sharing the back sea t , rather thqn one of the officers . (there were two at tha t time ) I should mention that my courage was not what I thought it would be . The officer had told me that I was to do whatever + wanted , tha t he did not care under what c ircum­stances I chose to leave the car , tha t he would watch for me as best he could , the ultimate responsibility being mine . So let me confess here that when he responded to an armed robbery in progress , pul led up to the building , two state police officers closing in with guns drawn , the officers in my car jumpinbout with guns drawn , bells ringing , radio inces santly barking , cars s linging red and b lue light , it being late and dark , me fee ling very much like a s tu­dent in a police car , I elected to stay be­hind the door and 1 1observe ' from there .

At any rate i t wa s strange enough r iding around hung up in the paradox o f hoping fer a crime .,,whi le detesting it and me .

My purpose in agreeing to r ide was to see the police o fficer a s a man , and the man as a police officer , examining that rela tion-ship ther _ and its ' sublimate ' . A typica l

phil o-intellect , se1f-indulgent approach .

I set my s ights too high .

It was a l l very exciting , i t was a l l very informative , it was not int e llectua l . It · could not be .

( see co�s page 10 )

(V£RS£ cont 1 d from ~e 8) J,<:r:W!>t', for the :mwll :<nm invoht>tl.

it make~ mm·e l'l:tll'lf' to o.l'ttlc.

ln vit'W llf tlw fon•going Opinion, at thiS! lime

we Plltt•r tho followin!{ Onlt'l\ nlso in rhyme.

ORPl-~R J?indiu}{ that ::::crvice of process is

bon11 fide, the motion to dil)rhi~:~s ls herc!Jy 1 de­

nied. So that this case can now get about

its ways, defendant shall file an answet· within

21 days.

fO

(COPS from page 9) There is nothing intellectual about shoot­ing down Michigan Ave. at 100 mph. (I looked) without the benefit of sirens (they never used then) or flashers, simply whipping back and forth through more like skiing than driving.

There is nothing intellectual about endur­ing the most burning hatred a human being is is capable of emanating while remaining human. The people we ran into spitting and shouting 'pig' (or among the more dram­atic 'oink') are a joke. The last refuge of mental deficiency. It is the people who don't shout, who don't gesture, who only stand there, looking, consumed with unmitigated rancor. This, out of the whole evening, moved meJthe most. To be abhorred. The officers did not seem to

Thoug-h it wasn't something we talked about.

There is noting intellectual about the duil, throbbing, monotone of the radio, bored with the very heaviness of its report. The lethargy broken only be the periodic cata­lyst 'Adam-4', which so charges the two men in front of me that I am sure they've for­gotten I'm there.

There is nothing intellectual about the tired look on the officer's face as he pulls into the station-house at midnight. It's just tired.

All truth is ultimately trite. I shaH keep true to the rule. The police officer has the most demanding job in the world. And no I can't relate to it. There's noeb­ing intellectual about it. It's a bitch.

It's a bitch because for the police officer there is no objective escape in his work from. the subjective problems of being a man. His objective world is someone's subjective problem. He is always on duty.

There are thosethat wonder why- poTlce officers so often seem to over-react, to push too hard, to get carried away, why they sometimes seem 'power-crazy' or ('trigger-happy'). And when it does hap• pen it is a grevious fault indeed, ahd greviously we pay for it.

We cannot sanction it, we cannot justify it, we cannot defend it, we cannot E!XCnse it.

(see COPS page 12r

( YOU from page 1 )

Property las ted two years , because every part of my body itched , inc luding places I couldn ' t reach and thos e I decided not to scratch in c la s s . Between cla sses I ca lled a doctor , who predicted I had hives , which sounded better than the skin cancer condi­tion I had fabricated a t this point , but . · the itching continued unabated .

Next wa s torts , which went something like this :

� - - -Hey ; Jo� ! I think I 've gdt hives .

J . - -Hives ? · You might miss c la ss'.

K . --That doesn ' t worry me ; wha t wil l my co-

ed softba l l team do without me--it ' s p layoff time? By the way , I missed c la s s yes terday . How' far did we get?

� - - -How far in the text or how far has Professor Limpheart got in ca lling on people .

� . - -The text . . . . no , both I guess .

� . - -We l l , we ' re going to ta lk about Huffman v . Lindquist and the doctrine of "re s ipsa loquitur " in th . . .

K . - -Wha t ? ! Ray Yipsy wha . • . ? Sounds like a La tin s ex symbol or something . I guess I haven ' t read tha t far yet . . .

� · - - . . . And we ' re up to you in our row! '· ··� "

Prof . - -Ken , would you apply the three re­quirements of the res ipsa rule to the Huffman case?

! - -- . . . Huh ? . • . it sounds lik¢ a Latin se . . .

uh , I mean . . . yeah . The " ray yipsa locator " rule is a La tin phra se wh ich • • • uh . . . is found in the law and . . . uh . . . like any other lega l ru le . . . i s . . .

uh . . . app lied in cases like the oRe a t bar .

!!£! . --And just how do they app ly to the present ca se?

�. - - . . . . Oh , me ? or is it the next guy ' s turn?

Prof . --You can finish answering , Ken .

� - - -Actua lly , I confuse the "ray yipsa". ru:le

with "res ges tae , " the lawr school paper , and I 'm not rea lly prepared to answer the question , unless you can rephrase it to include the footba l l poll ? (I thought of a sking whether a " reasonab le man" with hives and factory replacement g lasses would be expected to answer the ques tion , but I felt the.re were some holes in tha t argument , so I declined ) .

That cla-ss fina l ly ended , aridonly -C�ntraj;ts­stood between me and fr�edom for the day . I knew I would get the ca l l in contracts , so I was going to be ready . We were to dis ­cuss L . A lbert & Son v . Armstrong Rubber Co . , Co . , so I prepared a complete d i s cussion of the issues and the hypothet ica l fo l low­

· ing the ca se .

1/

--·

Contracts c las s :

Prof . --I think we ' ll skip the Armstrong Rubber case for now and move on to the next one . Mr . Hemming , would you s�a te Harlan & Hol lingsworth Corpora tion v . McBride ?

� - --Wha t ! ? . . • Oh , sure . [lucki ly I wa s able to ama s s a l l my a:tergies in a desperate attempt at an educated response (ie . I grabbed the brief from the guy next to me) ] . Uh , hrum ! This case comes to the court through a wit of err or . The p lantiff contracted with the D efendant Corporat ion for machinery , the con�.F.!c t price being $ 2500 . The D e fendant · · -.

breacned by non-del ivery and the pla�n­ttff lli5f�:: ��t" an action in repl evin . [at this point , th e guy grabbed his

bri e f (self-help ) , but I was through s tating the case , anyway ] .

( s ee YOU page 1 2 )

( YOU from page 11 )

Prof . --Mr . Hemming , we couldn rt hear you up here . -�ould yo� repeat your an-wer louder?

_!S . - -oh . • . wel l , this case comes to i the . court with . . . uh • • • somebody making an eri'or and • • • uh • . • the contract was for ma;.o· chines which . • . uh � • . were breached . . . and • • • uh . . • the plaintiff sues the De­fendant .

f!£!. --Is this a contract case Mr . Hemming ?

_!S . --Sure , this is a contracts class isn ' t it?

Pro f . - -Actua l ly , the case is a sui t in re­p levin , not a contract ca se .

K;-.:._oh . • . (trick question ! )

Prof . - -We ' l l start the discussion from this point tomorrow .

_!S. -- (Tha t ' s it? Class over ? ? I could have sworn an eternity lasted at least an­other minute or _ so .

That ' s about how it went , the bear definite­ly gett ing the better of me tha t day . S o , if you see a ragged- looking student with rose- tinted glas ses carrying Torts and Contracts casebooks , who may or may not be flushed in welt-red do walk on by , but just remember . . . it could happen to you !

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( COPS from page 10 )

We can only try and understand it . And given an unders tanding , I should think we would wonder why it doesn ' t happen more often .

J SECTION 5

"The Other Section"

On Thursday, October 1 5 at noon in the Fac­ulty Dining Room , we are going to have the first meeting of "Section 5 . " "Section 2" will be a group of first year people and other interested friends who would like to hang onto the consciousness of the outside world we came here with .

Two Proj ect Ideas :

1 . A series of seminars bringing in people from outside the law schoo l who might have some interesting information for us on sub­j ects related to (but outside of the first year curriculum :

Prison Reform A lternative Lega l Practices (i . a. non-Juveni le Rights & Juvenile Courts Corporate)

2 . A study group to meet from time to Jrtime to d iscuss the first yr . curriculum i� -::lm­lation to society a t large and movemerttts for socia l change (a genera l ly leftist ,�­spective . )

If you have any bri lliant flashes about ;\_ proj ect s but can ' t make it to the mee�­please ca ll Susan (665- 2170) or Mike (764- 8967 ) .

Mostly we just want to get together . Sse ­you at lunchtime on Tuesday.

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FOOTBALL J;>OLL

Vance Fried , the S t i l lwater Cowboy , was 23 for 34 for a percentage of . 676 . The average perce �tage wa s a med iocre .451 . P lease try harder .

Cros s out l osers . Circle winners . Place L 1 (; he box in front of Room 100 by 5 : UO Friday .

C OLLEGE Fl orida S t . ( 2li ) a t Alab ama Kentuck� ( l4� ) a t Auburn Bay l or { 8� ) a t Arkansa s C lems on ( l4i ) a t Maryl and Florida a t Vanderbi l t ( l4i ) Mi s s i s s ipf i ( 3i ) a t Georg ia I l l inoi s (2 ) a t Purdue Minne s o t a at Indiana ( 8i ) Northwe s tern ( 4i ) a t I owa Tenne s see (�I ) a t LSU Mic h . S t . ( 2� ) a t Mich . Mis s ouri ( to2 ) a t Nebraska N . c . S t a t e a t Virginia ( l7i ) Rice ( l7i ) a t No tre Dame Wis c ons i n { 20t ) a t Ohio S t . Pklahoma a t Tex�s ( 2 1� ) Penn S t . a t Wake Fores t ( 28i ) Wes t Virginia ( 3i ) a t P i t t s burgh Sou thern Cal . at Was h S t ( 2l�j S t anford { t ) a t UCLA

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Texas Te ch a t Texas A&Ktll ) Arizona a t U t ah { l4i )

PRO

Buffalo a t Balt imore ( l7i ) C hi c ag o a t Atlant a ( 6� ) C inc inna ti a t Cleve land ( l4i ) Da l la s ( 6i ) a t S t . Loui s Hou s t o n (lO� ) a t Minne s o t a Los Angeles a t Green Bay { lOi ) Miami a t was hing t on ( 41 ) New EnglarP a t N . Y . Je t s ( 14i ) N . Y . Giant s { 8i ) at Philade lphia P i t t aburgh at Kan s a s C i ty ( 8t ) � San Dieg o ( lO� ) a t Oakl and �

San Franc is c o ( 3t ) at De troit

Tiebreaker : How many turnovers ( fumbles and

interceptions ) will Mic h ig an S t a te c ommi t ?

Name o f entran t : - --------George A . Pagano

[G O M S <A ! j (.. f, e s � · ]

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