University of Baltimore Law ForumVolume 2Number 2 January, 1972 Article 1

1-1972

University of Baltimore Law Forum Volume 2Number 2 ( January 1972)

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Recommended Citation(1972) "University of Baltimore Law Forum Volume 2 Number 2 ( January 1972)," University of Baltimore Law Forum: Vol. 2: No. 2,Article 1.Available at: http://scholarworks.law.ubalt.edu/lf/vol2/iss2/1

How/Many Papers Does This Great School Need? The SBA has shown once and for all what

a powerhouse this school really is. Harvard, Yale, Columbia-you name them all-none are strong enough for two papers. But the great U of B is. That sure is a wonderful thing to know;

We should be proud. The other law schools in the country just don't have enough guts to set up a rivalry within themselves. The fools have been misguided by Abraham Lincoln's archaic line, "A house divided against itself cannot stand." The University of Baltimore can stand strong and erect, proud and defiant as it can be, knowing it can take full credit for being the first school to permit, and openly schedule "backstabbing." The prerequisites for the course of instruction are a strong back and a petty mind. . What all of this incessant babble has been about should be rather obvious by this time. The SBA has taken it upon itself to enter the news media. THE FORUM has a few thoughts it wishes to make public.

News thrives with competition, and its benefits really go out to all interested parties. The reader now has more, even better news to scan. The papers put out better features and articles in order to compete. All in all-everyone gains.

This being the case, what does THE FORUM have against the SBA newsletter? In theory-nothing. Inreality-quite a few things.

First, THE FORUM wishes to commend the SBA for the merit and value of the material it published. Some was good enough to be printed in THE FORUM. As a matter of fact, THE FORUM has waited several weeks in its publication this month, in order to make certain that all valuable SBA news be published. President Schneider was given several deadlines within which to submit SBA features. His delays certainly did not help to get THE FORUM out on time. A regular contributor to P?st issues, President Schneider

- has apparently taken it upon himself to sap

the strength of THE FORUM. To quote President Schneider's letter to the editor in the March 1971 Forum, "On behalf of the Executive Council of the SBA, I invite everyone to contribute news and views to its staff for publication." Apparently, President Schneider thinks that now 'it is time for THE FORUM to be done away with. "The simple purpose of the SBA Newsletter is to inform the law students of those events transpiring within the Law School. " What are " those events" to which he refers? Judging by the material published, the SBA has attempted to report all of the news it could find. Can an independent newspaper fairly compete with a government newspaper, when a substantial portion of the news to be reported inevitably comes from the government? The fact that the SBA newsletter appeared without the knowledge of anyone on the FORUM staff was apparently thought a swift and crushing blow by the staff of the SBA newsletter. It was no more than a simple lack of courtesy.

Secondly, we wish to make reference to the purpose of the SBA newsletter as stated in its body, "we merely want to alert the students as to what is going on." Again, a very fme, commendable goal. So where does this leave THE FORUM?

THE FORUM was established to provide one clear channel of communication throughout the Law School. This school has been long divided hetween day and evening factions. The SBA is formally attempting to establish a single, unified SBA, thus relieving the natural tension that exists between rivalries. This being their logic, why would they want to establish another such situation? Unfortunately, this simply shows a lack of common sense.

Last , but certainly not least , THE FORUM points to finances. Who paid for the SBA newsletter? Did the funds come out of the SBA treasury, or was this sloughed out of the general school budger? We think the latter

was the case. It must be nice to be able to sit down at a typewriter with a stencil and subsequently have the end reSult produced for free.

THE FORUM has a $400.00 overhead each time it goes to press. Its goal is to publish as often as it can afford to, with a minimum of one issue per month. To fulfill this goal , its business staff constantly solicits ·advertisements. While the money is being raised, over twenty-five staff members work on stories and features. It takes more than a .few hours to put THE FORUM to press.

The November 1971 issue of THE FORUM marked the first appearance of an off-set , 'legitimate law school newspaper anywhere in .the State of Maryland . The December 1971 issue was postponed due to finals and the January 1972 issue has been delayed due to articles that never materialized. The February issue will be on time.

There are many concerted interests on the . SBA newsletter. There are perhaps, a few more interests on THE FORUM. In the best interest of all parties, these goals should be re-evaluated and joined.

An SBA newsletter: is a perfectly valid, well-appreciated organizational function of the Student Bar Association. THE FORUM suggests that it be limited to SBA news, as its name implies.

THE FORUM regrets the printing of this article. Unfortunately, a situation has been created which needs clarification. It is even more unfortunate that over one hundred law schools in the U'S. and Canada who have asked to be on the FORUM mailing list must be exposed to such petty squabbles. In theory , the mailing of a printed FORUM

. around the country can be very good public relations for the University of Baltimore. In practice, it has become a liability as it exposes the childish tendencies which abound in our school. It's just too bad.

THEF RUM VOl. II, NO.2

Friedman Appointed District Court Judge By Governor

Daniel Friedman , (J .D. ' 37), former Chief Judge of the Or­phan's Court of Baltimore City , was appo inted in early January for a term of ten years to a seat on the newly formed District Court by Governor Marvin Mandel.

Judge Friedman , who also serves as Vice President of the University Alumni Association , received his formal education in the Baltimore public school system and has been a prac­ticing attorney since 1937 .

Between 1947 and 1954, His Honor served as Assistant City Solicitor of Baltimore City and was appointed in 1954 as an Associate Judge of the Orphan's Court. He was re-elected in 1958 and assumed the position of Chief Judge of the Orphan's

.Court after Chief Judge Dulaney Foster, (J .D . '57) was elevated to the Supreme Bench in 1959.

Listed among the Judge's professional and educational

Fraternity; Baltimore City College Alumni Association , and University of Baltimore Alumni Association where in 1968 he was the recipient of the As~ociations Alumnus of the

(Continued on page 2) -..;.-~

organization are the Baltimore HON. DANIEL FRIEDMAN . . . City, Maryland , and American One of Baltimore Law's Finest, Bar Associations; Phi Delta Tau JD '37.

UNIVERSITY OF SAL TlMORE JANUARY, 1972

Joseph H. Jeffrey / .Student Wins ABA Contest Jeffrey H . Joseph , a seco nd

year student at the University of Baltimore, Law Schoo l, has been named co-winner o f the 1971 Henry C. Morris Inter­national Law Essay Co ntest. The co ntest which was co ­sponsored by the American Bar Association Sectio n of Inter­

Inational and Comparative Law land the American Bar Asso ­:ciation Law Student Divisio n icarried with it the prize of 1$2,000 .00 . I All essays in the co mpetition Iwere required to conform to the topic, " Internati o n al Lega l Solutio ns to the Middle East Conflict. " The title of Mr. Joseph 's essay was " Beyo nd Khartoum-Peacekeeping Fo r­ces , Impo sed Treaties and Treaty Interpretat io n ."

Mr. Joseph who attended the Hague Academy of International Law at the World Court in the Netherlands was awarded a Cer­tificate al ong with five other students of the Law School in the Summer of 197 1; he is presently serving as the President o f the Woo drow Wilson Society of International

Law and Po litics at the Law Schoo l; the Society is the fir st of its kind to be fo rm ed in the State of Maryland.

Mr. Jo seph in tend s to further his interest in intern atio nal law and busin ess by doi ng graduate wo rk in th is fi e ld and ill' further develo pin g th e in te rn at io nal law co urse at the Law Schoo l

to a certificate of specializatio n. Winnin g the co ntest in the

f ir st yea r o f th e Sch oo l' s el igibilit y, the Un iversity of Balt imo re st ud ent will see hi s essay published in the A BA's Apri l , 19 7 2 I NT ER­NATIONAL LAWY ER, the of­ficial publication of the Sect ion o f Internat ion al and Co m-

into a fo rm al program leading parative Law.

I Natlwn Barkan Competition, 1972 1 The American Society of Composers, Authors and Publishers

(ASCAP) announces the 34th Annual Nathan Burkan Memorial Competition. The subject of this competition to be "Copyright Law."

The awards at each participating law school will be $250 for First Prize and $ 100 for Second Prize.

National Awards, selected from winning papers, are $1500 for First Prize ; $1000 for Second Prize ; $750 for Third Prize; $500 for Fourth Prize; and $250 fo r Fifth Prize.

National Award papers are published by Columbia University Press in the ASCAP Copyright Law Symposium.

A Booklet containing Rules Governing the Competition , as well as references to source material, may be secured at the office of the Dean.

(Ed. Note: Deadline for submission of papers to the Society is August 15, 1972. It is presumed that if the Law School is approved by the ABA at their August meeting in San Francisco , we will be eligible for the National Awards.)

PAGE 2 THE FORUM JANUARY, 1972

,Faculty Profile Professor Eugene J. Davidson

Although recently new to the full-time law teaching profession Professor Davidson has been quick to earn the praise of his several classes. Having recently retired after a long and illustrious career with the Government, Professor Davidson brings much knowledge and experience to the Baltimore campus.

A graduate of N.Y.U. undergraduate and law school, he received the cum laude distinction for his undergraduate endeavors. Holding a scholarship in law school, he was a member of Law Review and treasurer of his student government. After law school, he practiced for five years in New York with a firm that specialized in criminal cas~s. The first and last cases he was involved with while in practice • were defeats. Losing a criminal case in the late 1930's and early 1940's had its hazards. Both defendants were electrocuted. While also in private practice , 1938 found Professor Davidson working for the defendant, on the famous Nardone brief (on wiretapping) before the Supreme Court.

Moving on to Government work, Professor Davidson has been active in several branches of the Government, having supplied legal knowhow for the N.L.R .B., J .A.G. , the Army, and the S.B.A. Working within the Government, he , won several honors. He is a graduate of the Federal Executive Institute, limited to super grades. He was the first civilian lawyer to win the "Outstanding Award" by the 1.A.G. Corps; was one of fourteen members of President Johnson's Commission of the Patent System; and was also the first lawyer to win the "Outstanding Performance Award" at the Small Business Association .

Police Academy Continues Expansion

During the summer of 1970, officials of the Baltimore City Police Academy approached the Un iversity of Baltimore concer· nlng the development of a program o f college studies for all recruits who entered the Academy. The program is to in­clude fifteen college credit hours of work, involving the following subjects: Introduc­tion to Law Enforcement, Criminal Law , Criminal Proced ure , Psycho logy, and Sociology. Several discussions were held between Academy of­ficials and University person­nel, and it was decided to share the program with the Com- ' munity College of Baltimo're, which would supply instruction for the basic course: Introduc­tion to Law Enforcement. The Un iversity of Baltimore would supply the other twelve credit hours. Funding for this program was sought through LEAA Law Enforcement Assistance Administration. The University received a supplemental grant of $45 ,000 from LEAA to finance the program through July I , 1971.

The program for police recruits began with the first recruit class in 1971.

The program for police recruits began with the first recruit class ' in 1971, Since February five classes of police recruits have undergone college education along with the usual police training . Some of these recruits have since grad uated from the Academy and are enrolled in community college programs in Law Enforcement. The University of Baltimore of­fers graduates of community colleges the opportunity to transfer a full 60 hours of credit to the B.S. degree in Law En­forcement at the University. It is anticipated that a goodly num­ber of these community college graduates will later attend the University .

Relations , Administration of Justice, Advanced Police Ad­ministration, a nd Special Problems in Police Administra­tion.

Students taking University of Baltimore courses at the Police Academy are of three types: (I) Police Recruits who will graduate from the Academy and become regular police officers, (2) Degree candidates at the University who take courses at the Academy to secure ei~her

required or elective subjects in their Law Enforcement major, and (3) Students seeking a Cer­tificate in Law Enforcement. The Certificate program requires a minimum of 18 semester hours in Law Enfor­cement courses, It is intended primarily for in-service officers who cannot qualify for a degree program. Students at the University who are not Law En­forcement majors may take courses at the Police Academy provided they secure permission from the Director of the Law Enforcement Program .

Much of the success of the Police Academy Program is due to the cooperation of Major Norman Pomrenke, Director of the Educational and Train ing Divisision of the Baltimore Police Department. He anp his staff have cooperated fully with the University to make the fore­going programs effective.

Reprinted from, University of Baltimore, Vol. 2/Fall 1971.

Judge Friedman year award.

Judge Friedman now joins twelve other fellow Baltimore law students on the District Co urt. These distinguished alumni include: Chief Judge Robert Sweeney (J.D, '57), J, Louis Boublitz (,36), Thomas

PROF. EUGENEJ.DAVIDSON . . . Welcome addition to the growing list of Baltimore's great faculty.

Professor Davidson was Assistant General Counsel of the Small Business Association. Here he constantly represented the views of small businesses before federal agencies. A constant battler, Professor Davidson was involved in a suit before I.C.C. on freight increases, shortly before ¥ left the Government. The District Court set the increases aside. He also fought A.T.&T. and Western Electric before the F.C.C. in which these giants consented. In another case, Western Union and A.T.&T. complied with his demands.

Professor Davidson's philosophy is, "a lawyer should look at the facts on record, and not through emotion." When asked to clarify, Professor Davidson responded that lawyers and students both assume problems in the case that are not presented. A trick to being a good lawyer, says Professor Davidson, is to " ... keep your eye on the doughnut and not on the hole." Professor Davidson also wishes to convey to students that they should "learn to write so as to convey precisely what you have to say; words are tools and you have to use the proper tool at the proper time."

Professor Davidson is married and has two children. A resident of Falls Church, Virginia, in suburban Washington, some of his neighbors include Robert Finch, Thurgood Marshall, and Ramsey Clark. An avid book collector, his other hobbies are stamps, old cameos, and 78 RPM jazz records.

At the close of the interview, Professor Davidson wished to convey to the reader that he was very much impressed with the potential exhibited by the students here, and that it was his great pleasure to teach here. The Forum wishes him much luck and success at the University of Baltimore School of Law.

Progressive Curriculum Approach

by H.B. TELLER "It will be a curriculum as good as any and

better than most," this was a definitive comment made by Professor Harold Cunningham, Faculty Curriculum Chairman in a special interview with the FORUM.

Law students should take note that Professor Cunningham further stated, "the Faculty Committee is presently thoroughly examining courses and preparing notes for a new Law School Catalogue which will be out before the end of the semester. A sample of a course would be shown the following way: Presently, the law student is required to take

58 credits of day, and 59 credits of course at nigh t; therefore, leaving 0 penings for approximately 22-25 credits of elective courses to each student's discretion . The University offers 30 electives each year and there are 15 neW course proposals. Professor Cunningham stated "some of these 15 proposed courses may be offered in alternative years as ' long as instructors are available and students register for the course. This will bring the average number of electives per year up to almost 37. The reason for offering so many electives is to meet the demand of specialization facing the graduating lawyer.

To coincide with the generous selection of electives, the Law School curriculum will be structured into four major areas of study; Advocacy, Jurisprudence, Public Law, and Property with Commercial Law. This will allow students to concentrate in a particular field of endeavor which both meets his basic desires and his particular propensity to practice law. It is suggested that a student take at least one course in each major field, just to have a feel of what to expect .

The approach towards giving law students a specialization early is shown by giving 1 st year students the leeway to select elective courses in that first year which is hardly ever allowed in any other law school program.

A further liberal policy will permit jUiliors in college to take such law courses as Legal History, Domestic Relations and Public International Law without receiving any law school credit. It stems from the reason that college juniors should have a feeling for the law, and possibly interest them in pursuing the study of law. Students may apply for admission after completing 90 credits of undergraduate work .

3, I

EL, 1

LEGAL HISTORY

D-1

1-3 1st to

N 1

2-4, 2nd to 1

credits Elective Day 3rd yr. night 4th year Jurisprudence. Note: J stands for one of the four major fields of study. AJso, that it will conform in most respects to other law school publications.

Professor Cunningham goes on to state, "that _ the curriculum philosophy is based on electives and required courses, which should meet the needs of the practicing attorney up to the next 10 years. A basic purpose of our Law School curriculum is to equip students to take the Bar Examination anywhere, to teach good law, and not solely to train a practitioner, but teach the student to be a good public servant."

The Professor has suggested that in order for students to broaden their horizons as early as possible; a student should take his share of "think courses" and courses which will require a paper. It is not feasible to have this legal paper requirement with classes exceeding thirty-five students. "There is a need for techniques of writing scholarly legal papers. This is a necessity to the law students. I can not over emphasize the i~portance of being able to write precisely and concisely. "

The other members that serve on the Curriculum Faculty Committee are Professor R.G. Shannonhouse, Professor 1. Isaacson, and Dean Joseph Curtis, as an ex-officio member, with Lance Lilien as the student representative. If you have any questions about this Committee , your queries and suggestions should be submitted to Mr. Lilien.

(Continued from page 1)

R. Brooks (,49), William D, Gould (,41), Edward E. Har­desty (,53), J, William Hinkel (,59), James E. Kardash (,63), Charles J . Kelly (,44), Marvin J. Land (,58), Vernon L. Neilson (,51), Fred E. Waldrop (,55), and Werner G, Schoeler (,53),

Management of the Law School Everyone knows that Dean Curtis formally heads the Law

School; but how is his power delegated? Have you ever wondered which Faculty members participate on which committees in the running of the Law School? The FORUM now presents this information for the benefit of its readers.

*CURRICULUM COMMITTEE : Professor Cunningham (Chairman), Associate Professor Shannonhouse, and Professor Isaacson.

*UBRARY COMMITTEE: Professor Holton (Chairman), Professor Davidson, and Assistant Professor Malawer.

*BUlLDING COMMITTEE: Professor Ensor (Chairman), Professor Buddeke, Dean Curtis, and several AJumni members.

BY-LAWS COMMITTEE: Professor Buddeke (Chairman), Dean Curtis, and Associate Professor Bernhardt.

*SCHOLARSHIP COMMITTEE: Assistant Professor Berger (Chairman), Professor Steele, and Associate Professor Bernhardt.

In addition to the college program for recruits at the Police Adademy, the Universi ty , a lso offers e ight advanced police sc ience co urses at the Academy. These courses are part of the Law Enforcement Program of the University. They are taught by mem bers of the Police Department who are , qualified instructors; these in­structors are listed as part time instructors in the Un iversity catalog. The courses cover such material as Police-Community

REFUND LAW REVIEW COMMITTEE: Assistant Professor Malawer

(Chairman), Dean Curtis, and Professor Davidson. Selected Statutes Rules and Other Materials - Relating to Estates

and Trusts in Marvland by Michie Company for $7.20 is now $5.75 . If you purchased this book in the University Bookstore prior to the new change in price, you are entitled to a refund. However, to get a refund, you must present the book with either the $7.50 price sticker or your receipt of purchase to the Bookstore.

F ACUL TY AFFAIRS COMMITTEE ... PROMOTION-TENURE COMMITTEE

CONSIDERA TION ADMISSIONS COMMITTEE ...

*Students are represented on these committees.

. UNDER

JANUARY. 1972 THE FORUM PAGE 3

_ A View From New York Mandel"s Proposed Gun Control Bill­

An Illusion By Keith ' E. Mathews

Governor Mandel's proposed gun control bill is really a "misnomer" because it would not control guns. The bill's ~in thrust is an increase in penalties for unlawful possession of handguns. If you think that an increase in penalties is a deterant to violate crime, then dream on.

The only thing missing from the "stop and frisk" provision of the bill is the citation, Terry v. Ohio 392 U.S. I , 8S .Ct. 1868 , 2L. Ed. 2d 889 (1968). The bill, in effect, only codifies the power granted the police by Chief Justice Warren in the Terry decision. In Terry v. Ohio, the Court said, "We merely hold today that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experiences that criminal activity may be afoot and that the persons with who he is dealing may be armed and presently dangerous ; where in the course of investigation this behavior he identifies himself as a policeman and makes reasonable inquiries; and where nothing in the initia l stages of the encounter serves to dispel his reasonable fear for his own or others' safety , he is entitled for the protection of himself and o thers in the area to conduct a carefully limited search of the outer clothing of such persons in an a ttempt to discover weapons which might be used to assault him. Such a search is a reason able search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken."

Compare the Terry decision to the pertinate provision in the bill which says, "Any law enfo r­cement officer who , in the light of his observa ti ons , infor­mation, and experience, may have reaso nable grounds to bel ieve that (0 a person may be wearing, carrying o r tran­sporting a handgun in vio lat ion of Section 36B of this article, (II) by virtue of his possession of a handgun , such person is or may be presently dangerous to the officer'~ protection or the pro tectio n of others to take sw ift measures' to discover whether such person is , in fact,

wearing, carrying , or transpor­ting a handgun, such officer may (I) approach the person and identify himself as a law en­forcement officer; (2) request the person's name and address, and, if the perso n is in a vehicle , his license to operate the vehicle , and the vehicle's registration ; and (3) ask such questions and request such ex­planations as may be reasonably ' calculated to determine whether the person is , in fact , un lawfully wearing , carrying, or transpor­ting a handgun in violation of Section 36B; and , if the person does not give an explanation which dispels , in the officer's mind , the reasonable suspicion which he had, he may (4) con­duct a search of the person, limited to a patting or frisking of the person's clothing in searah of a handgun; .

If you think that the "stop and frisk " provision of the bill can constitionally give a police officer more latitude than gran­ted in Terry, then check out Sibron v. New York, 392 U.S. 41, 88 S.Ct . 1889 , 20L. Ed. 2d 917 (1968), where the Court said, "The police officer is not entitled to seize and search every person whom he sees in the street or of whom he makes inquiries . Before he places a hand on the person of a citizen in search of anything, he must have constitutionally adequate reason ab le grounds for doing so. In the case of the self­protective search for weapons, he must be able to point to par­ticular facts from which is reasonably inferred that the in­dividual was armed and dangerous."

Basically , the proposed gun control legislation is an illusion and wi ll do nothing to curb the easy accessability of handguns or decrease the number of vio lent crimes perpetrated in Maryland in vo lvin g the use of handguns. The bill, if passed as i~ , would be a fraud on the citizens of the State.

Strong opposition to this proposed legislation is expected in the Genera l Assembly , not from the city , but from the rural co unties that always cringe at anything that so und s like "gun contro l" because to a Maryland farmer, "happiness is a warm gun", and if you don't believe me, ask Joe Tydings . .

Faculty Notes Professors Barry Berger and Royal G. Shannonhouse will

again serve as consultants for the Maryland State Bar Judicial Conference - Criminal Justice Project.

Professor Julius Isaacson has just been appointed by the American Bar Association as a member of its Divorce Laws and Procedures Committee. The areas which he shall cover are grounds for divorce and defenses thereto , residency requirements and conciliation and counseling in the States of Maryland, New Jersey , and Delaware.

Professor Harold Cunningham has received membership in the American Society for Legal History and attended the Society's annual meeting in Boston held October, 1971.

Professor Stuart S. Malawer attended the Europa Institute of the University of Amsterdam during the month of August , 1971. The program subject dealt with Common Market Law offered to practicing lawyers. Mr. ,Malawer was the only American in attendance at the program . He also has a forthcoming book to be published in time for use in his summer courses. The book Current International Law & Foreign Policy is being published by Lerner Law Publishers of Washington, D.C.

(Editorial Note: All part-time or full-time faculty members should drop any notes in the FORUM mailbox on the 5th floor of Charles Hall or the mailbox in the Treasurer's Office.)

by HARVEY JOEL SLOVIS

On arriving in Baltimore for registration , noticed the most striking similarity between Baltimore (the PearL of the Chesapeake as Mr. Ensor so aptly puts it) and Berlin after the Allied bombings. The University of Baltimore School of Law has provided me with my work , entertainment, social life, and even the house I now' reside in. One is forced by circumstances to become a scholar for lack of anything else to do. Coming from New York to Baltimore is like going from Paris to North Vietnam . Edgar Allan Poe, one of America's greatest poets resided in Baltimore,-and, we all know that he went insane. My theory is that his insanity did not result from the loss of his love, Lenore, but rather from his upbringing in this culturally devoid town.

Where else can one find a newspaper so lacking in professional journalism as the Baltimore Sun? In our era of war, crime , drug abuse, and a plethora of social evils, the Evening Sun's Lead Editorials several days ago concerned the Baltimore Colts leaving town. The fact that the Colts may move has as much importance as the hole in a donut. Good movies are nostalgic by the time they arrive here. New York has many problems, especially crime, but it also is the center of cultural activity. Baltimore is just the center of crime.

When I get lonely at night, I gravitate toward the Club Venus. The name of this club is sort of lyrical and one conjures up vision of the galaxies. Unfortunately the females that go there are mutants and have to sneak up on a water tountain to get a drink. I have met enough bank clerks and secretaries in the last two years to last a lifetime.

I have resided for the past two years in a set of apartments so strikingly alike that I usually wind up at the wrong apartment. When one walks into my abode, one gets the feeling of closeness, as would anyone who walked into a closet, which contained a kitchen and a bathroom. My kitchen and bathroom are so close as to incite confusion at 3: 00 AM. I still cannot complain that this furnished heaven is too bad, after all, it does have bathroom facilities. The wa.1ls are a' solid grey, and the floor is brown. Very cheery colors if you are an embalmer. Everyday at 4 :00 PM, I get my phone call from the Breather. He breathes in and out four times and hangs up. Between the Breather and the Weather Girl, I have plenty to do during the day.

'Of course, at 3:00 AM, every night, my upstairs neighbor gets out his drums and plays until 7 :00 AM. When he stops, I get up. When one wants to throw out the garbage, he has to use a key to get into the garbage room. Usually, a key conjures up t;he idea that something valuable lies within. This theory must be true, because the neighbors keep breaking in. Every Thursday night there is a political meeting followed by a party in my next door neighbor's house . Unfortunately, the meeting lasts two minutes and the party lasts the whole night.

When I am in my apartment, I study a lot, and long for the morning when I can once again save myself from complete stagnation by arriving at school. The school is great , but unfortunately 'the surrounding areas reek from the aura of Baltimore . When one has enough nerve, he may even eat in one of the shops around the school. The requirements for indulgence are: a cast iron stomach, a reckless disregard for one's body, and last , but not least , necessity . One can get fed at Penn Station for $3 .00 without remembering what he ate. I have no comment for the Roman place next door, because I drink "Midnight Cowboy" coffee there every morning, and have diarrhea every afternoon.

The parking facilities are adequate if you don't drive . However, once I get in school everything turns for the better. Seeing the smile on Mr. Berger's face is just a pleasure to behold. It does my heart good to see intelligent young men and women (in deference to woman's lib) kicking an inanimate candy machine and actually shouting epithets at this monster. The other day, in the middle of Mr. Isaacson's lecture, a shrill voice passed over the air waves warning all Hotel Belvedere residents that they had four hours of light in which to pack their bags. It made me laugh that one of the school's advisors told me to live there. That would have meant I would have missed a great lecture and would have had no place to live at this moment.

After school, I will sometimes spend my time driving through the city taking in the scenic beauty. This article is not meant to imply that Baltimore is without redeeming social value. It only means that besides the University of Baltimore Law School, I can't find it.

(Editor's Note: Mr. Siovis will personally respond to any people, places, or things he may have offended. Send your complaints c/o THE FORUM, and watch for replies next month .)

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PAGE 4

A Decided Need There now exists a need at the Law School - a need for

"free expression of writing" never stymied by "academic red tape."

It is observed that law students who wish to write and edit for a law school publication has two formal channels available, THE FORUM and the LAW REVIEW.

THE FORUM is the official means of communication to both the day and evening students, not to mention the Faculty and Alumni.

On the other hand we find LAW REVIEW, the epitomy of academic achievement in any law school. . But, LAW REVIEW with all its stature, has one limitation IT BARS A SEGMENT OF THE STUDENT BODY - because of the lack of academic credentials.

Applications for the students with a 3.0 average, will be reviewed by the Law Review Committee, as will those students who have a 2.75 average, provided these students submit a scholarly legal paper and are recommended by a member of the Faculty.

If a student accepts his invitation for LAW REVIEW, he is then trained in law review editing, and then goes on to receive the accolades of his fellow students, legal scholars, and members of his chosen profession. There is also one added benefit of LAW REVIEW; the student staff member has a "decided edge" on seeking employment.

But what of the law student who is not in that "holier than thou" elite? The student who can write, edit, and has an honest desire to contribute to an academic publication, but is blocked from entry because of' the stigma of academic requirements?

He is . still capable of submitting an article, law note, book review or other special comment for LAW REVIEW consideration, but there is no assurety to the method.

However, there is another option which the law student can pursue, that of another academic publication An International Law Journal. It is the second type of publication that is usually formed at a law school following formation of a general LAW REVIEW.

This type of Journal can be found at many law schools such as Case Western, Georgia, Texas, Vanderbilt, not to mention Cornell, Georgetown, George Washington, Harvard, Yale, Columbia, N.Y.U., and many others.

One may ask why establish an International Law Journal at Baltimore? It is observed that there is a firm basis for this specialized journal:

1) There are five faculty members who have advanced degrees in International Law.

2) There are seven elective courses that are offered in International Law with additional course offerings next semester.

3) The first International Law Society in the State of Maryland was founded at this Law School.

4) The 1971 co-winner of the ABA International Law Essay ·Contest is a Baltimore law student.

5) Baltimore law students comprised the largest student contingent at the last session of the Hague Academy.

Above all, there is a strong desire among some law students to continue with International Law in a vocational capacity and have expressed a "Decided Need" for such a publication.

(Continued on page 7)

Irony & Paradox To escape losing debates, entanglements, poor grades,

and other frustrating experiences is an impossibility; . however, there is a brighter side of the picture.

Most of us have completed some part of our legal education. For every poor grade there is a compensating achievement; for every entanglement there is a settlement or adjustment; and for every frustrating experience there is relief.

All of us have a shorter wait in taking the Bar Examination - one-half year , one and one-half years, or two and one-half years. Some of our ex-antagonists are now our best friends, while some of our best friends will become our enemies. We all have built up rivalries as well as contingencies; the non-political oriented students have become politically oriented in one way or another.

The introvert has spoken out and has been chastised, and the chastised have spoken out and gained recognition. Extroverts have been put down while losing battles they were assured to win causing them to gain a certain degree of humility. The pedagogical and erudite element, sometimes better known as the faculty , have suffered criticism.

School is a "psuedo courtroom" where controversy and advocacy reigns supreme. "There is a time for love and a time for hate ... " In law school there is rarely any time to reflect and understand the benefits accrued from our special education. We all should pause and reflect occasionally. We all should understand the worth of a man.

THE FORUM

o./(/ ,.'/0 IN L eaJ!.

Me To TJlE

ST{jde~t Bit-V­AS.Sl>Ci It I-(ON

, I

Hopefully by the time this issue of the Forum reaches you, we will have passed the biggest milestone in our pursuit of ABA accreditation. With approval just around the New Orleans comer, it is difficult to write on matters that are removed from that. picture. I believe that most of you are now familiar with the procedures that we must follow, but in the event that the information did not reach some of you, I will again set them forth briefly.

President Turner and I will appear before the ABA Committee on Accreditation of the Council on Legal Education and Admission to the Bar Thursday, February 3, in New Orleans. If we receive favorable recommendation by the Council, the next step is to be passed upon by the Section and thence to the ABA House of Delegates in August. All being well, the House gives provisional approval to a school, which is for all practical purposes the equivalent of full approval, excepting that the school is revisited in three years time for a determination of whether the ABA standards are continuing to be maintained. '

While the American Bar Association itself cannot give any retroactivity to its approval of a school so as to cover recent graduates, it is highly likely that a State Board of Bar Examiners would recognize those who graduated in June if final approval is in August. How much more retroactivity than that can be given depends, of course, upon the position of each particular state. The rules of some few states may even provide that the school must have been approved at the time that the student first entered the school. If you intend to apply for admission to the bar of a state other than Maryland, you must look into the rules and regulations of the particular state in this respect of retroactivity.

This is a monumental year for the University of Baltimore School of Law, its students and graduates. Some of the

14\\ • THE FORUM The FORUM is the official publication of the

University of Baltimore School of Law and is printed for the students, faculty. and alumni of The School of Law.

Opinions expressed herein, other than those in by·line articles. are those of the Editorial Board of The FORUM. The contents of this publication may be reproduced in whole or in part only if prior permission, in writing, is obtained. Editorial offices: 1420 N. Charles Street, Room 504, Baltimore, Maryland 21201-Telephone : (301) 727·6350, Ext. 317 or 252.

vu-·'-­-)~.

by Dean Joseph Curtis

JANUARY, 1972

innovations introduced into the program this year on an experimental basis are proving to be desirable and are likely to be eontinued; such as the one week orientation in August for entering students, and the early school year commencing in late August and ending in early May. Another matter of which you should be informed at the present time is that of the dates for the summer session. Present thinking of the faculty is that of one 9-week session, commencing May 22 and ending July 21. Still under consideration, however, is that of two 6-week sessions, the first commencing May 15 and ending June 23, and the second commencing June 26 and ending August 4. Four semester hours (two courses) could be taken in each of the 6-week sessions, although I would urge you not to carry that heavy a load. Classes would meet Monday and Wednesday evenings for some courses and on Tuesday and Thursday evenings for others. No more than one course could be taken on one night. The summer schedule will be available in mid-February. The first day and evening of classes for the fall semester is to be August 21, with the one week orientation for entering students that of August 14-19.

One other matter that will be acted upon by the faculty very shortly is that of deferred examinations. It is the informal sense of the faculty that if a student fails to take an examination at the regularly scheduled time, he must await the deferred examination period that will usually be scheduled six to eigh t weeks after the close of the regular examination period. Of course this assumes that the student was properly excused from taking the examination at its scheduled time.

I hope that all of our June graduates feel that they have been engaged in a very profitable experience in their Law School years here, and that our students finishing their first semester or first year are well content with their choice of the study of law.

Stuart Goldberg Editor-in·Chief

Managing Editor Howard B. Teller , News Editor Jeffrey H. Joseph Night Editor .Ann Pecora Women's Editor Jacqueline Faulkner Sports Editor . J. Steven Huffines Art Editor Craig Morris Copy Editors . Hal Jones, Ranny Wellford Photography Editor . George Weeks Faculty Advisor Prof. Malcolm F. Steele Staff . Keith Mathews. Marcia Jodlbauer,

Stuart Robinson, Mitchell Stein, Cal Q. Lademrite, Allen Macks, Michael Steinberg. Kay A. Windsor, Dean Joseph Curtis

Contributors . Bruce Haupt, Ron Parker. Pres. James Schneider (SBA). Pres. Thomas Maholm (ESBA), Larry Polsky (Managing Editor of Law Review), Harvey Joel Shovi.

LAW EXAMS .... Heavy, heavy hang over they head.

Dear Editor: The University of Baltimore

Bookstore, whicH sells other items than books, offers the law student a book entitled Selected Statutes, Rules and other Materials by Michie Company in connection with the Trust and Estates course . This book sold in the Bookstore for $7.20, later to be reduced to $5.75. However, the Lerner' Law Book Company on Charles Street charges o nly $4 .50 fo r the same edition.

I feel it is necessary to know , if possible, why the School's Bookstore has a supposedly list price so much higher than the list price at Lerners. which sells only law books an d legal materials.

Can THE FORUM in­vestigate this matter and bring it to the attention of the law student body.

L. Katz 2nd Year Law Student

Dear Editor : It has come to my attention

that there is some conern about the policy of the Bookstoore in giving refunds for textbooks only when a course is cancelled or a student drops a co urse , and also the price at which text­books are sold .

First let me assure everyone concerned that the Bookstore is for the convenience of the students and faculty ano not to make a profit for the Un iversity. However, it is not feasible to operate the store at a loss .

The usual procedure of text­book publishers is to invoice a list price (price at which books are to be sold) and then allow the Bookstore a discount. The discount seldom, if ever, ex­ceeds 20% This 20% must cover shipping and handling costs, salaries of Bookstore em­ployees and student help, depreciation and the Bookstore's fair share of overhead. If it were not for the selling of other items than text-

"/ .Y"

books, the store would operate in the red. Competing Bookstores may sell a few books at cost as leaders to bring students into their store, ' but they must operate at an overall profit.

It is not always possible to predict exactly the number of textbooks which will be sold in anyone course . The desire of the Bookstore is to stock an adequate supply of all books, which usually results in having to return some unsold books to the publishers.

When students return text­books for refund the following occurs: Long lines form at the cash registers; extra labor in handling, packing , and extra shipping costs are incurred ; a great deal of paperwork is necessitated before the books may be returned to the publishers for credit. In most cases a time limit is set by the publisher for the return of books, and in some cases the publisher allows only a limited percentage of his total dollar sales to the store as a credit for returned books. The limited return policy also discourages the return of books which may have been stolen.

Due to the above reasons it is imperative that refunds to students be held to an absolute legitimate minimum, otherwise the cost to all would be more. When purchasing textbooks , please be certain that the books purchased are the ones required for the course.

lf anyone has further questions concerning Bookstoore policies, feel free to see JIle at your convenience.

Gloria C. Lindemann Manager

Dear Editor : -Upon reading the newly

organized law st udent publication "FORUM" and the SBA Newsletter , a question came to my mind. Couldn't both of these publications be

combined? It would seem that the ideal end of a student publication would be to com­municate information to the study body. The "FORUM" adequately supplies this means. If cooperation between the SBA and the "FORUM" is possible, the student body would most assuredly benefit from one in­tegrated newsprint publication.

Jim Reyensburg

Dear Editor: The last issue of the FORUM

contained a proposal by Jim Schneider that the day and evening division SBA's con­.solidate. It is my feeling that such an undertaking is so beset with obstacles as to make it un­weildy, impractical , and unwise.

Certainly, as Jim stated, both divisions have equally capable students, and indeed th e students of both divisions do favor the continuing progress of o ur school. On the other hand, there are large obstacles to such a consolidation, some of which are pointed up bel ow to illustrate the nature of the boast.

'SBA Reso luti o ns : Suppose the d ay students wished to pass a reso lutio n abolishing all bigo try an d injustice in the law school. The meeting might be 'at 5:30 , equally inconvenient for everyone, in which case atten­dance from either division would certainly be minimal. The alternative to this would be a meeting of the day SBA at which the proposal could be co n sidered an d passed. Then the night school would call a meeting to consider and pass the reso lut ion. It can easily be seen that the procedural machinery thus involved is cumberso me and unweildy. At least, und er the present system the day law school can abolish bigotry and injustice in the day law school.

'Organ izational Problems: The night school is perhaps twice as large as the day school,

PAGE'S ."""""""."""::,:::,,,:,:,:,:,:,:,:,.::,:,.,:::,:,:,: .:,.: Exam Folio w-U p '"",:,/"":,,,,::, .:,:,:::':,:::,:::.:.: ........ .

Two Earnest Suggestions By Enny N. Allans

The natural reaction to exams is to forget about them once they are over with - aside from an interest in one's grade. Such reaction is made the more inevitable by the postponed and sudden arrival of some kind of holidays - the moment the last exam is handed in, and the on­set of more important things once the next semester is under­way.

But exams can and - we think - should have substantial further value to us as students. Frequently (far too frequently, in our opinion) it is not until a student sits down with an exam that he attempts to solve real or 'quasi-real problems using the principles, rules , and concepts learned in the course. For that reason - because every exam is a :problem-solving experience for the student, and perhaps his only one in the par­ticular subject it would be of great benefit to the student at least to be able to compare a right answer (note that we don't say " the" right answer) with his reconstruction of his own an­swer shortly after the exam. With feedback of that kind, the exam will double as a problem­solving exercise with an educational value of its own.

Accordingly , the FORUM

which leaves the day school as a veritable Rhode Island at the Consititutional Convention. Admittedly, we could set up a Senate and a House, but con­sider the governmental machinery thus involved to run a "more" student government. Also , intelligent voting for student officers would become virtually impossible: "Who's this fella Schneider out of the Day School?"

'Functional Disparity: The nature of the evening and day students is sufficiently diverse to make a division reasonable . Day students are, for the most part, full-time, thre e -ye a r students with different pro blems than evening students: con­seq uent ly, the day schoo l publ ishes the Law Review, sends both delegates to the ABA/ LSD ( including the Fourth Circuit Govern or), and publishes the FORUM .

The probl ems set o ut above permeate every aspect of the SBA: the Honor Co urt , Moot Court , Placement Committee, etc. , would all suffer from the same Hydra-like syndrome. The result would be that every func­tion of the SBA would lose responsiveness and mobility , and become inextricably mired in a slough of needless procedural machinery . The up­shot of this would be an imper­sona l SBA and an apathetic student body. My suggestion as an a lternative to the con­solidation is appointment of a Steering and Coordinating

suggests that the current prac­tice of some of the faculty be followed by all in placing on reserve at the library a copy of. each exam given , together with , an analysis of each problem.

Going just a bit further, we note that nearly all students remain in the dark on the par­ticular mechanics of grading; for instance, what is it worth (in points) to mention a case in poi nt. How about also distinguishing it or showing it to support a conclusion ; how much more is that worth? What are typical relative weights given to statements of the law verses applications to the facts? We realize that n{) hard and fast answers can be given , but we are equally certain that we , as students and exam-takers, could benefit from some clarifications of the mysteries of grading. Ideally, an exam on file with answers might include excerpts from one or two papers showing just how many po ints were awarded for what, and why, with professor 's comments added for clarification if useful; the object would not be to criticize or expose a ny professor on his decisions , but to clarify the methods by which we are all measured , so that we may a ll do better hencefo rth , here and on the Ba r Examination .

Committee to deal with mutual problems as they arise.

Dear Editor:

Sincerely, Chuck Rand

Members of the Faculty Evaluation Committee wishes to thank the Faculty and especially the students for the sincere man­nerin which they participated in the evaluation.

The results are no t as yet fully tabulated, but the Dean has ex­pressed much enthusi asm in the results and claims he is going to place a lot of e mphasis upon the results.

The Faculty Evaluation Co mmittee

Dear Editor : The year is I 972. The cyn ics

scream that the human race is in a stage of rap id degeneration . I prefer the view that man is ex­periencing a great stage in his evo lutio n . Everywhere men are crying o ut , "Wo rld , let me be a man." White men , black men and women . The mind cannot be repressed. Creativity cann o t be stifiled.

My appeal is to certai n mem­bers of the faculty of the University of Baltimore School o f Law . There must be room for creativity in .ed ucation. The c lassroom shou ld be the place for mental sti mul ation. Our c lassrooms are becoming a mental drudgery . For a man to truly be a man he must act as a man . If an educator is truly to be called an educato r he must educate. Get your shit together boysl

Stephen L. Prevas

Editorial Leadership Sought THE FORUM wishes to announce a flim policy to create a

self-generating editorial staff. For this to be accomplished, there is a need for

participation of first and second year law students in all aspects of the newspaper's publication. Right now, the newspaper lacks the personnel for creating a long-term commitment to its readers.

The editorial staff is now comprise d of upperclassmen, and by the next fall semester will turn the reins of leadership over to free-thinking, thought-provoking and genuinely interested students. .

Therefore , it will be up to these people to assume the du,tY of navigating in both calm and hazardous waters, while maintaining high standards and principles that are impliedly warranted by a law school newspaper.

PAGE 6 THE FORUM JANUARY, 1972

t Activities News I Siglna Delta Kappa, A Ipha Iota Chapter

The purposes of Sigma Delta Kappa a re to broad en the field o f lega l kn ow ledge; to preserve, improve, and sa feg uar d the sta nd ar d s of th e lega l profession; to fos ter friendship an d co mradeship amo ng the , members of th is Fraternity and to promot e the ir mora l, in ­te ll ec tual and professional well being,

Membership in Sigma Delta Kappa Fratern ity is o pen to all ' male students at least 18 years, of age, in good scho lastic stan­ding , in attend ance, at the , University of Baltimore, School of Law,

Sigma De lta Kappa Law Fraternity was organized during ' the early part of 1914 by six yo un g law students at the University o f Mich igan Law, Schoo I. These studen ts rea l ized that they must state a purpose in o rder to fo rm an effective organization, They adopted the

fo ll ow in g belief o r creed whichl has rem ained during the years:'

'That there can be no last ing' success without strength o f character and ho norab le con ­duct toward o ur fellow men; that true happin ess is found in livin g an upright li fe , exem­plifyin g especi al ly the true spirit of brotherly lo ve and affect io n to a ll those who are bo und by the bonds of o ur fraternity. To this end we strive in every ho no rab le way to aid and assist our brothers, guarding their interests as carefully as we do o ur own."

They were wise in choosing the foll owing words: Sophia Dechetai Kairon o r "widso m requires time ."

These young men , by their ac­tions , gave to us a legal frater­n ity which is o ne' of the largest and soundest in principle in

ex is tenc e to day. We have organ ized so man y chapters that we have gone through the Greek alphabet twice and now are going through the alphabet for the third time.

Alpha Iota, Chapter main~ tains a ho use at 27 17 St. Paul Street which ho uses its library co ntaining collectio ns of legal encyclopedias, digests , .a nd State Reports . Througho ut the acad emic year , the fraternity engages in various charitable activities such as an annu al Christmas party for the children at Kern an Hospital for Crippled Children.

Baltimore Law Frater­nities , this is your co lumn, make use o f it. It is here fo r yo u and the Law School. If you have items of interest about your o rgan izati o n, co ntact THE FORUM, Editor .

Day Moot Court 3.

4 .

S. Scheinin C. Nichols R. Tobin

L. Polsky J. King A. Werblow

The Co mpetitions follows:

are as

February 14 & I 5 Fin al Competition

Semi-

February 23 Brief Due

Petitioner's

March Due

- Respondant's Brief

March 9 - Final Competition

Wilson Society Plans State Department Trip

The Woodrow Wilson Society o f Int ernati o nal Law and Politics comes out of a dormant se mester with the announ­cement of a trip to the State Department in Washington , D.C. scheduled for February 23, 1972, a chartered bus will leave school at 9:00 a.m. and return to Baltimore no later than 4:00 p.m. The program is free to the first thrity members of the Society who respond.

The program tentatively , in­cludes a morning briefing by the Assistant Legal Advisor for the Middel East. These briefings are actually small, highly per­sonalized conversavtions with the experts in the State Depart­ment. Fo llowing the initial briefing will be lunch with the Legal Advisors and Am­bassadors who are specifically requested to participate in the activities by the Woodrow Wilson Society. A tour of the State Department and two after-' noon briefings by international lawyers in the General Counsels office and the office of A.I.D. will conclude the program.

If you wish to attend , please write your intentions on paper and leave such instructions with Mrs. Windsor, law school secretary on the 5th floor of Charles Hall. If you have not paid your dues this year, you may include the $2.00 with the

letter of intent. The trip is limited to the fir st thirty mem ­bers who respond.

Concerning other matters, the Woodrow Wilson Society will shortly announce the dates for two separate speakers on the law school campus. The first will be Chief Co unsel for the U.S. Senate Commerce commit­tee, and the second is an Inter­national Banking Exec utive speaking on career oppor­tunities in Int er n atio nal Business. Dates will be posted soon .

Election of First Year Delegates

On November I I , 1971, 4th year Honor Court Justice Allen P. Feigelson, as provided by the-­ESBA Constitution, certified that three students from the 1st year had filed and qualified as candidates for the office of 3 Delegates from the First Year Class to the Evening Student Bar Association Executive Committee, 1971-72 .

The successful candidates, who had filed by the deadline, were recognized and seated at the November 18 , 1971 meeting. The following are the new First Year Delegates:

Jahn C. Broderick Robert J. O'Neill,III

George S. Rich

The following changes have been made in the Rules and Procedures for the Day School Moot Court Co mpetition . The petitioners will hand in their brief one week earlier than the respondants in order to more c losely al ign the issues covered in the briefs. Teams wil l be made up of three members and will be responsible only for the brief assigned to them . Each team will be allowed forty minutes fo r their oral argument . The teams are as follows:

No. r Pet. v. No . February 14

NO.3 Pet. v. No, February 15

2 Res .

Annual Student Academic A u~ards 4 Res.

'1. I. Casalin o

2.

W. McCo rd D . Schaeffer

J. Fleischman n J . Huffines L. Taylor

Da y Mo o t Schedule :

31 January Brief due

February 7 Brief Due

Court Spring

Petitioner'S

Respo ndant's

In la te November, the Evening Student Bar Association at its monthly Executive Committee Meeting adopted a proposal co ncerning Annual Student Academic Awards to be reco mmended to the Dean and Faculty for their approval and implementati on . Th e five recommended Fall Scholarships Available awards which are invari ab ly found In the 150 AmeTlcan law

Professor Barr y Be rger, Chairman of the Scholarship Co mmittee , has recentl y an ­n o un ced th a t pr ofess io n a l sc ho larships will be ava il ab le from the State for the Fa ll , I 972 semester.

The FORUM has lea rned that th e. St a te Fund s wi ll be all ocated o n the basis o f the numbers of professional stud e nt s a tt e nding va ri o us sc hoo ls. Si nce the Un ive rsity o f Baltim'ore has approximately

ABA Inspection '

On Nove mber 17, 197 1, 9 stud ents from th e Eve nin g Divi sio n met with Pro fessor Millard H . Ruud , Co nsultant o n Legal Ed uc atio n to the American Bar Associatio n, at his request whil e inspecting the Law Schoo l for ABA ac­creditation. The meeting lasting from 9 to II P.M . with Mr . Ruud was represented by' Th o mas A. Maholm , Jr ., Gr ego r y R . Dent, N.W. Morehad , Myra Pete rs, Wi lli am M. Mo nfried, Melvin H . Thom­pson, John P. Geiss, Robert H. Wo lf, and Robert B. Schulm an.

Mr. Ruud seemed impressed collective ly with whom he had met as were the 9 eveni ng students equally impressed of the ABA Accreditation Evaluator .

I 100 law st ud ents, the bulk of Fund s will probably go to Balti­mo re stud ents.

Requirements for the scholar­ships are that:

I ) the st ud ent must be in good standing ;

2) have res id ed in the state for 3 yea rs; and

3) must be in fin anci a l need. Deadline for the fall se mester

is March I , 1972; any inquires sho uld be directed to either Professor Berger o r Mrs. Black , ext. 250.

Evening Moot Court

T he Spring F in ali st Rounds fo r the Eve ning Moot Co urt Program are sc hedul ed o n the following Sat urd ays at 9:30 A.M . in Charles Hall : February 5 , March 4 , and Apri l I .

The Fina li sts fro m the Fa ll Semester who will be pa r ­ticipating o n February 5 a re as follows: John M. Lawlor , Tom Mace , Do uglas Logan , Samuel T ravis, William C. Morgan , Robert W. Brown , Ronald Owens, Melvin H . Thompson , Jesse Waker , Leonard Eiswert , Walt Balint , and Robert Zouck , Jr.

Ass istant Professor Ba rry Berger will se rve as a Judge along with two prominent Baltimore attorneys, Mr. Her­bert Myerberg and Mr. Wallace Dan n.

sc hoo ls based on an exhaust ive study o f ove r 100 law school cata logues and Barron's Guide 10 Law Schools are intend ed to app ly to both the Day and Even in g Divisions o f th e University o f Baltimore School of Law.

The names of the award s and th e scope o f its acad emic recogniti o n are as fo llows :

I . THE UNITED STATES LAW WEEK AWARD : A prize of approx im ately $ 100 value to be given to the grad­uatin g st ud ent in the Law School who, in the judgment of the Faculty Committee, has mad e the mo st satisfactory scholastic progress in hi s final academic year. A year's co m­plimentary subscr ipti o n to the U.s. Law Week is the usual form of this award .

2 . WASHINGTON LAW BOOK COM PANY AWARD: A book to the graduating sen ior for an o utstandin g academic reco rd and contri­buti o n to extra-curricul ar ac­tivities in the Law School, as selected by the Faculty Co m­mittee.

3.PRENTICE HAL~ AW ARD: An award of the Federal Tax Guide to the out­standing senio r students in the co urses o n Federal In­come, Co rporate , an d Estate and G ift Taxation .

4. ' AMER ICAN JURISPRUD -ENCE AWARDS: The

publishers of "American Jurisprudence" award a bound volume of an ap­propriate title from American Jurisprudence to the student making the highest grade in the following courses: Ad­ministrative Law , Agency and Partnership , Constitutional Law, Contracts, Corpor­ations, Criminal Law , Equity , Evidence , Labor Law , Nego­ti able Instruments, Pleading , Sales, Taxation, Trusts and

Wills , and Administration . 5. LAWYER'S TITLE

AWARD: The Lawyers Title Insurance Corporation awards a certificate and $100 in cash each year to the sen ior student who has the highest scholastic average in' Property courses. T o be e ligible fo r this award , the student must have obtained credit for cour­ses in Real Property , Trusts and Estates , and Future In­terests .

Forum Sports by J. Steven Huffines

This will be the first in a series of articles devoted to the newly formed SBA Sports Program. The Law School Sports Program has accomplished its initial purpose-that of making ava ilabl e some necessary physical exercise progra:ms to law students.

Participation in the Program's events has been well received and to date, the program sponsored two basketball games outside of the Law School and entered a winning team in the recent Santa Claus Anonymous Marathon Football Game last December. In addition to the regular "pick-up basketball" on Friday afternoons at the Rodgers Avenue Gym, there is a law tennis ladder which promises to see some activity as the weather gets warmer.

Events in the planning stages for this Spring Semester will include :

I) More basketball games with University of Mary land , Maryland Penitentiary , House of Correction at Jessup , Maryland , and the University of Baltimore Alumni ;

2) Touch football with some outside teams;

3) Law Student-Faculty volley ball games ; and

4) Continued Fr id ay afternoon basketball games .

Some of the Law School members have taken advantage of the facilities now available in the new Academic Center Gym. Th e re is more detailed information available from the Gym staff, but essentially, for the use of the Gym for bask e tball, weight, sauna, ping-pong, etc., they have a service equipment charge of $6.00 per semester. This charge includes all necessary Gym clothes and equipment. There is also included in this charge a laundering service on certain days per week. At the end of each semester you are refunded $1.00 of the service charge. If you already have a locker, the process by which one renews his privileges and gets his $1.00 refund is rather involved, but perhaps the administration will see its flaws and make the process somewhat quicker.

It must be mentioned that when the weather permits, the outdoor cage will be available for tennis, badminton and will provide backstops for basketball.

JAN';JARY.1972 THE FORUM PAGE 7

Merit Judicial Selection: The Forum Presents the First Student Referendum As you may know, the University of Baltimore School of

.Law is planning construction of a new Law School building in the distant future. A committee has been appointed to work

'with the architect in planning the building. However, no one has stopped to mention where the new building will go. Some people naturally assume that the building will be downtown. Nevertheless, there is still a possibility that the building will be placed in Mt. Washington where a parking problem would not exist. THE FORUM asks you to make your preference known. The results will be made known next month.

Its Application in Maryland By Marcia Jodlbauer

An issue which will be presented to the current session of the Maryland legislature is merit judicial selection. The idea of a merit selection plan for the judiciary is not really a new one, having been under discussion since 1914 when it was conceived by Professor Albert Kales of Northwestern University. However, it was not until 1940 that any form of the plan was accepted; Missouri being the first state to im­plement its use. The idea caught on slowly, and it was not until the 1960's that the plan received popular support; now 25 U.S. jurisdictions use some form of merit selection plans.

Those who oppose its use do so for reasons of political in­terest. Trad itionally , judges arrived at the bench through political appointment. Lawyers see judgeships as rewards for services rendered, for having served as a senator, for exam­ple, or as a fund-raiser for a gubernatoria l hopeful who is successful. Governors, a nd Presidents too, view judgeships as plums, to be distributed to those who have a vote-getting ability , or who have friends in influential places.

But in this present day and age, when the shenanigans of "politicians" are looked at askance by the voting public, a system distinct from politics and unsullied by patronage is necessary.

This e lement, the seperation from politics, is of primary im­portance to the merit selection plan. Under the appointment method, which for many years has been the on ly way by

dollars which judges so run­ning would otherwise have to undertake. It is also felt that it is undignified for judges to en­ter the political arena. If people are satisfied the judge has com­ported himself well he will remain in office, if not, he will be voted out, without aspersions being cast on the judiciary as a whole.

Last year, Governor Mandel put a similar plan into action by executive order, and has com­mitted himself to the support of any plan which is passed by the legislature.

The plan merits study and consideration by voters , but its advantages are obvious. It is ef-

ficient, as it involves citizens who actually know the nominees and their qualifications and by selecting qualified judges it will improve the quality of justice and its ad­min istration for all citizens.

This article was prepared from an address by R. Stan ley Lowe, Executive Director of the American Judicature Society, before the Second Annual Meeting of the Citizens' Committee on the Modernization of Maryland Courts and Justice, Inc. , at the Hunt Valley Inn on Oc­tober 8, 1971.

Prisoner Counseling By Lance Lilien

For the past three months, seven first and second year law students have been involved in a Legal Counseling Project in the Diagnostic Section of the Maryland State Penitentiary.

The Diagnostic Section classifies the inmate and deter-mines where he will serve his time. Students assist the men in determining the legal avenue best suited to the needs of the individual inmate in the Post-Correction Process. Many of

.the men have counsel only at their trial, but are without counsel for any further remedies. The problems en­countered range from indigent appeals to interstate detainers to Review of Sentence proced ures.

Presently, the program is only three days a week, but Peniten-

tiary officials, pleased with the results of the program, favor ex­pansion to five days a week. At this time, no academic credit is avai lable to students working on the project, but an attempt will be made this semester to in­clud~ prison counseling in the curriculum.

The students involved in the project are Michael Fagin (1 st year) ; Lance Tateman (2nd year), Samuel Truette (2nd year), Gabriel Poggi (2nd year) , Glenn Cook (1st year) , Mary Louise Smith (2nd year), and Lance Lilien (2nd year. The project advisor is Professor Royal Shannonhouse.

Any student interested in joining the program , please contact Glenn Cook or Michael Fagin for details. Criminal Law and/or Criminal Proced ure is preferred for students entering the project.

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I Place referendum in FORUM mailbox in the Treasurer's I

Office or with Mrs. Black, I This is your Law School, have a say NOW as to where you I

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FIRST TIME FOR SALE which judges attained the bench , A Dec ;ded Need it was inevitable that incom- .. (Continued from page 4)

You may also purcahse the regular Law School stone rings -Orders for both rings can be purchased at anytime. peten t people became judges.

Incompetency is not necessarily a matter of feeble-mind ness; but a man who is unacquainted with the judicial process, is in all likeliness "incompetent" to be a judge , no matter what his men­tal powers may be.

The argument that since most judges perform properly and so the system should not be changed is not a va lid one. Until all judges are well qualified and function within a system which al lows for replacing judges who become diabled, justice will be denied to those who seek it. Since equal justice to all is a goal of the law, it should be evident that the best plan which obtains the best judges should be adopted.

The characteristics making up a typical merit selectio n plan are threefold: 1) an independent panel to prepare a list of poten­tial judges; 2) appointment by the governor of judges on ly from this list; and 3) election by the public on each judge's respective record.

There is a definite obstacle that will be met in the formation of this project -- that of finances. This barrier can easily be overcome by acquiring available funds from grants, fou)1dations, corporations, advertising and the government. These organizations for the most part are looking for desire, a foundation, and further recognition of the International Law Field.

It is thus proposed that an International Law Journal be established at this Law School for students who wish to participate in an academic publication, but do not measure up to those "Ivory Tower" standards of LAW REVIEW, and further for the enhancement of the already growing reputation of our University of Baltimore Law School.

S.M.G.

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An independent ' panel , com­posed of both lawyers and non­lawyers, wou ld recruit possible nominees. It would be a goal of I

such panels to keep the ideals of justice in mind, to choose people for the list who would exemplify tolerance , equity , recognition of human dignity

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and worth. It would then be incumbent

upon the governor in office to pick judges exclusively from the lists thus supplied ; the beauty of such a system is that it would not matter which name on the list the governor chose, as each would be well qualified.

After a certain stated period in office, each judge would run on his record. This would e limin ate the cost in time and in

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PAGE 8 THE FORUM , JANUARY, 1972 :.:.::::: :;::~:::::::::::::::::::::;:::::::::~r::::::~:~::::::::::::::::;~:::::;::~::::::;;:::::;::::::::~:~~::::::~:::::::~:::::::::::~~:::?:t.~t.!:~::?w

The Mythiual/MonsteroDs Law Review Controversy-Ended' Onue and For All . Much confusion has been fostered '

throughout the school concerning our Law Review, and subsequent selection or' its new staff. Admittedly, most of the · noise has been made by students competing for the staff slots, and those ' who feel slighted because they are not permitted to compete. This is a normal reaction of the students involved, and as such, the situation is certainly normal considering the circumstances. What has been difficult for the students to understand are the circumstances.

analysis. They should all be very proud. hours of Day School, or twenty hours in will . then receive instruction in legal editing for several weeks, and then will be ' required to write a case-note to show exactly what they have learned. It is upon thl,i case-note that the final staff will be chosen.

In a sense, however, last year's effort was a rush job. There was no time to build an organization, only to produce a Law Review in time for the ABA inspection. This year, our Law Review will be organized as it is at most other schools. As such, academic merit will be the criterion for acceptance to Law. Review status.

the Evening Division. , If a student hsas between a 2.75 and a

3.0, and wishes to compete, he must present a letter of recommendation from any member of the faculty, specifically based upon some scholarly form of legal analysis, usually a case-note or outside paper. This work must be submitted with the recommendation.

The process is long and tedious.

Eager in gaining accreditation by the ABA, Dean Curtis organized the Law Review last year on a type of merit system. What was involved was plain and simple work. Those who were willing to give their time when needed became the staff members of the first Law Review. Their efforts produced a highly praised, skillfully done piece of legal writing and

Last December, the Law Review Committee, consisting of Dean Curtis, Professor Davidson, and Assistant Professor Malawer drafted the long-awaited By-Laws. After this meeting, Committee Chairman Malawer was interviewed by THE FORUM. It was at this interview that the following facts were made public. The basic requirement for admission to the Law Review staff is a 3.0 grade average. The student must have also completed a minimum of twelve

All students who are eligible, and wish to compete, must express such intent in writing to the Law Review Committee, who will review the applicants and decide upon their eligibility. After this point, invitation letters will be sent to selected students.

Here is where everyone must pay attention. Receiving a letter does not mean that the student is selected as a staff member of the Law Review. It is only recognition of the fact that he/she is eligible to compete. All eligible students

Nevertheless, it is a necessary process. There is a great diversity between grades in the Day and Evening Schools. At the same time, there is also a vast disparity within each individual segment of the ~tudent population. For the University of Baltimore School of Law to take complete advantage of the great start it has made with its Law Review, it must insure that the highest caliber students, those specifically with writing and editing talents, be placed upon the Law Review staff. Can anyone claim that the review process as described here can po~ibly be unfair?

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This column will be a regular feature of the FORUM. Th e intent is to apprise the students wi th the Alumni and their , activities since graduation. I f there is any information concerning Alumni you are aware 0[, please notify the FORUM.

University Alumni-Do YOll know who they ARE?

I Vice President of the United States

2 Governors: Maryland and Delaware

First woman member of House of Delegates of Maryland

First woman State Senator of Maryland

First woman Judge of Supreme Bench of Baltimore City

Chief Judge of SupremeBench of Baltimore City

Several judges of Supreme Bench of Baltimore City

Chief Judge of Orphans Court of Baltimore City

Several judges of Orphans Court of Baltimore City

Several judges of State Courts President, Peoples Bank and

Trust Company in Wilmington 2 Mayors, Baltimore City President of City Council of

Baltimore City Comptroller of Baltimore

City Several members of

Baltimore City Council Mayor of Annapolis 27 Members of General

Assembly of Maryland 17 Members of

Constitutional Convention of

NUMBER 1 WINTER 1971 VOLUME 1

Maryland,I967-68 I President of Maryland

Casualty Company 7 Vice Presidents of Fidelity

and Deposit Company I General Counsel, United

States Fidelity and Guaranty Company

I Vice President, United States Fidelity and Guaranty Company

Presiden t of Lyric Theatre 8 Vice Presidents of

Mercantile Trust Company I Executive Vice President of

Maryland National Bank I Senior Vice President of

First National Bank Vice President , of Union

Trust Company I Vice President of Gas and

Electric Company I Vice President of Fairchild

Company

Vice President of Martin-Marietta Company

I Assistant Manager and Partner of Merrill, Lynch, Pierce, Fenner & Smith, Inc.

General Manager, Hutzler's downtown store

Vice President of Black and Decker Mfg. Co.

Special Assistant, Comprehensive Health Planning, U .S. Department of Health, Education and Welfare

Associate Professor of Business Administration, Loyola College

Assistant Director of Labor Relations, B&O/C&O Railroad

Officer-in-Charge, Marine Recruiting, State of Maryland

President, Fair Lane Properties

Staff Judge Advocate, U.S. Air Force

First Judge Advocate assigned to U.S. Army Medical Research an d Development Command

Principal of Rosewood School

Director of Inspectional Services, Baltimore City Police Department

Former President of Maryland Senate

Former Chairman, Public Service Commission

Former President, Printing Industries of Maryland, Inc.

For mer Senior Vice President, B&O Railroad

Former President, The Traffic Club

13 District Court Judges