AWSummer 1971

StanfordLawyer

Summer 1971

Editor, Nancy M. MahoneyAssistant Editor, Kelly Hemingway

CONTENTS

PrintingContributed to

Stanford Law Schoolby

Commencement-1971

Faculty Notes 0 •••••••••••••••••••••••••••••••

Class Notes .

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Commencement -1971Students

Marshall M. Goldberg, Laurence K. Gould, Carole E. Greene and Richard E. Timbierespond for the graduating class, with a performance outlining their years of developmentup to graduation from Law School.

Families

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Faculty

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Faculty NotesWhat the Law School faculty lacks in sizeit has made up for in commitment to theSchool and in the scholarly achievementsand abilities of the individuals. The varietyof involvements in the School, the Univer­sity, the community, the courts, corpora­tions and other institutions, affects the basicstructure of our society and often the indi­viduals. For whatever reason-respect forthe legal system, social consciousness, valueof history and education, belief in the meritsof democracy-faculty members employtheir energies and abilities to resolve so­ciety's conflicts. The following report covers"the activities of some of the faculty duringthe summer of 1971.

Anthony G. Amsterdam is preparing toargue three cases before the Supreme Courtthat raise the question whether the deathpenalty is a cruel and unusual punishmentforbidden by the Eighth and FourteenthAmendments to the Constitution. The basisof the argument is two-fold: evidence ofracial discrimination cited by both scholarsand official commissions violates the equalprotection clause of the Fourteenth Amend­ment; the death penalty, because of selec­tive and discriminatory enforcement, af­fronts the standards of basic human decencyupheld in the Eighth Amendment.

Douglas R. Ayer spent the summer movingback into the Stanford community afterbeing on leave during the year 1970-71.Having received a grant from the NationalEndowment for the Humanities, Mr. Ayerstudied legal history as a Charles WarrenFellow at Harvard Law School. In additionto reading widely in the field, he wrote anarticle tracing the ideological developmentof Thurman Arnold, the author of TheSymbols of Government and The Folkloreof Capitalism. He also prepared materialsfor his new course, "Political Trials andSocial Conflict, An Historical Perspective."

John H. Barton is writing a book evaluatingthe fundamental value of arms control. It isan effort to define the ways that arms con­trol may limit or prevent war by analyzingwhat arms control can achieve once nego­tiated and politically when it can be nego­tiated.

William F. Baxter is working on a projectfor the Brookings Institute. In general he is"dreaming up" new legal systems for theprotection of intellectual property. Thepremise for this study is that copyrightlaws in their present state are not effective,particularly in their application to newtechnologies like photocopying, computers,inexpensive high fidelity recording and cable

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television. Professor Baxter's theoreticalpaper is preliminary to further studies byothers to quantify the empirical variablesid ntified by him. He has also been a con­sultant for several antitrust clients and othercorporations with problems of governmentregulation.

Paul A. Brest has spent most of his sum­mer preparing an article entitled An Ap­proach to the Problem of UnconstitutionalMotivation. Along with this he consultedfor the Ford Foundation on the MexicanAmerican Legal Defense and EducationFund and audited Professor Markovits'course on Microeconomic Regulation andEconomic Welfare.

William Cohen is drafting a "no fault" autoliability statute for the National Commis­sion on Uniform State Laws. He attendeda meeting of the Commission in Vail,Colorado in late summer. He is also in­volved with production of a film for highschool use on the question of de facto seg­regation. Mr. Cohen has been involved withfive other films of this nature concerningthe Bill of Rights. Each of these 20 minutefilms consist of a ba ic incident and a law­yer's argument on such topics as freedo~

of speech, freedom of religion and collegedisciplinary procedures. Mr. Cohen outlinesand approve scripts, consults on the actualshooting and even acts as casting director.

Dale S. Collinson was in Bros els this um­mer with the firm of Cleary, Gottlieb, Steenand Hamilton. He has also been involvedwith research on the European EconomicCommunity and co-hosted a cocktail partyfor Stanford law alumni during the Ameri­can Bar Association meeting held in Lon­don in July.

Marc A. Franklin has been writing twolaw review articles on medical-legal prob­lems. One considers the legal problems in­volved when a patient contracts hepatitisafter receiving a blood transfusion. Theother considers the problems of obtainingand allocating life-sustaining material suchas blood, artificial kidneys and organs fortransplant. In addition, as chairman of theLaw School Appointments Committee, Pro­fessor Franklin has spent part of the sum­mer planning the Committee's fall activities.

Jack H. Friedenthal has been a visitingfaculty member at the University of Michi­gan during the summer session.

Lawrence M. Friedman attended a meet­ing on Social Changes Through Law at theUniver ity of Bielefeld in Germany duringJune. In July he taught at a clinic for newlaw teachers held at the University of Wis-

consin. He has also been working on a bookunder a grant from the Russell Sage Foun­dation.

Robert Girard has been chairman of theSanta Clara County Board of SupervisorsCommittee on Open Space which is con­cerned with long range planning for en­vironmental protection. He has been actingas chairman and director of the CentralCoast Environmental Legal Defense Proj­ect as well. The Environmental Law So­ciety has been conducting a summer longresearch program concerned with federalgrants and aid for environmental controlsand environmental safeguards in state high­way location and construction, and Mr.Girard has been faculty advisor to thisproject. He has also drafted three politicalcampaign reform bills which are pendingin the California State Legislature for whichhe has also done research, writing, cam­paigning and legislative representation.

Gerald Gunther describes himself as "kneedeep in the 1800's" this summer. Congresscommissioned the writing of a SupremeCourt History using funds left by OliverWendell Holmes. Mr. Gunther is writingVol. III, The Struggle for Nationalism: TheMarshall Court, and Vol. IV, The Chal­lenge of Jacksonian Democracy: TheMarshall Court. Aside from this massiveundertaking he has appeared on KQED Tel­evision in a panel discussion reviewing thehighlights of this year's Supreme CourtTerm and has managed to produce a 300page Supplement to his casebooks on Con­stitutional Law that will be published inlate August. He has also been doing back­ground work on a biography of JudgeLearned Hand. Professor Herbert Packeris doing a history of the Second Circuitunder Judge Hand.

Moffatt Hancock regularly teaches a sum­mer session course, Conflict of Laws. Writ­ing articles on Torts and Conflict of Lawsoccupies much of the rest of his time al­though he prefers doing the major portion

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of research during the fall and springterms. Professor Hancock also is a memberof the University Committee on GraduateStudies and is president of the StanfordChapter of the Order of the Coif. Whendoes he vacation? A long weekend once inawhile is about all the holiday he cares for.

J. Myron Jacobstein spent four weeks act­ing as Co-Director of the Summer Insti­tute on the Impact of the EnvironmentalSciences and the New Biology on LawLibraries held at the University of Califor­nia, Berkeley. The program was designedto present general bibliographic and selec­tive guidelines for materials dealing witharchitecture and environmental and. cityplanning, anthropology, biology and ge­netics, demography and medicine; knowl­edge of general sources for acquisition andservicing of scientific materials and appli­cation of specialized research approaches.Professor Jacobstein also prepared a supple­ment to his bibliography on Water Law.

John Kaplan has had the usual whirlwind ofactivities including re-editing his course ma­terials for his undergraduate class, CriminalLaw and the Criminal System, preparing forpublication the Currie Lectures given atDuke University, writing several articles onmarijuana and pro-social behavior, a Dis­trict of Appeals appearance, and submittinga writ of habeas corpus on behalf of an in­digent prisoner.

Richard S. Markovits has been conductingclasses on Microeconomic Regulation andEconomic Welfare for the Stanford LawSchool summer session. He is also involvedin preparing a report on the efficiency ofthe criminal justice system for the Institutefor Public Policy Analysis.

John Henry Merryman conducted a studyof Law and Development under a grantfrom the Ford Foundation. He was alsodesignated Principal Investigator under agrant from the Agency for International De­velopment to the Stanford Law School to

Jack Friedenthal at faculty-student ball game umpiredby profe or of Religion Robert McAfee Brown.

study Law and Development, with empha­sis on Latin America and Mediterranean Eu­rope, over the next five years. In June heattended the National Conference of theItalian Society of Comparative Law inGenoa, where he was elected the only non­Italian member of that Society because ofhis widely-known work on Italian law.

Yosal Rogat has been studying a group ofphilosophers that he considers to be impor­tant and e pecially relevant to the ocialsci nce although they are not sufficientlyrecognized. He will offer in Political Science,pos ibly jointly with Anthropology, a courseon Collingwood, Dilthey and Vico.

Gordon Scott as chairman of the Admis­sions Committee has spent the summer al­most entirely on admis ions work.

Kenneth E. Scott has been preparing acourse on banking regulation to be taughtjointly in the Graduate School of Businessas well as the Law School, and writing anarticle on constitutional and administrativelaw.

Byron D. Sher, only recently returned froma year-long sabbatical in Europe has beenserving on the committees reviewing griev­ances of University employees di missedfor alleged participation in the StanfordUniversity Hospital "sit-in" of last April.Mr. Sher is the President's appointee to thecommittees. Of the other two committeemembers in each case, one is appointed bythe employee and the other by the depart­ment in which the employee worked.

Carl B. Spaeth, who also serves a Directorof the University's Center for Research inInternational Studies has spent a good partof the summer in supervising the prepara­tion and final editing of a report by Presi-

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dent Lyman's Visiting Committee on Inter­national Studies. The report is concernedwith "Technical Assistance in the Seven­ties: The Role of the University and ofStanford in Particular." The report con­tains advisory recommendations for Presi­dent Lyman's guidance. Professor Spaethdevoted part of the summer to the prepara­tion of a major application to the NationalEndowment for the Humanities for supportof a comprehensive undergraduate programin international relations. He has been re­vising his teaching materials for Legal As­pects of U.S. Foreign Relations, which hewill offer in 1971-72 his last year of activestatus. He has also been working closelywith Dean-designate Thomas Ehrlich infund raising plans for the School of Law.

Howard R. Williams attended a meeting ofthe Trustees of the Rocky Mountain Min­eral Law Foundation. as the StanfordTrustee. He has also prepared the annualupplement on Oil and Gas Law.

The Stanford Athletic Board honored JohnHurlbut for his outstanding service to Uni­versity athletics with the presentation of aBlock S. Blanket. The three-star blanket istraditionally awarded to a senior athletewho ha earned three letters in a particularsport. It was given to Professor Hurlbut forhis many years as a member of the AthleticBoard, chairman of the Student-Faculty Ath­letic Board and the Faculty Representative tothe Pac-8 Conference. The presentation wasmade at the Board's meeting on May 7 byCharles Taylor Directors of Athletics. Pro­fessor Hurlbut Jackson Eli Reynolds Pro­fessor of Law Emeritus, is on leave fromHastings College of the Law during 1971­72.

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