Alumni Bulletin of the University of Wisconsin Law SchoolVol..9 No..3 Spring, 1978

e (jagofjovEelaw SchoolUniversity of WisconsinMadison! Wisconsin 53706

...Second Class Postage Paid atWaterloo, Wis. 53594

A detailed announcement and program will be mailed to all alums inMarch. Highlights include ...

· .. Special activities and reunions for the Classes of 1938, 1953and 1968

· .. Recognition at the Annual Luncheon and Association Meeting forthe other reuning classes: 1928, 1933, 1943, 1948, 1958, 1963and 1973

· .. Saturday events:Moot Court final argumentsLuncheonAwards ConvocationSpecial musical performanceCocktai I PartyDinner and Dance

... Friday events:Bencher Society DinnerLaw Student SatireWatch for an announcement from Law Extension concerning acontinuing legal education program to be held in conjunctionwith the Spring Program.This year's Distinguished Service Awards are to be presentedduring the Saturday luncheon. Election of Directors and Officerswill also be held.

Winter SceneII

Report ofAnnual VisitThe annual visit by the Board of

Visitors of the Wisconsin LawAlumni Association on October 31,1977. What follows is the reportsubmitted by the Chairman, RobertB. Murphy, Madison.

The Board ofVisitors ofthe U.W.Law School was established in1958 by the Wisconsin Law Alum-ni Association for the stated pur-pose:

"of assisting in the developmentof a close and helpful relation-ship between the Law Schooland the University of WisconsinLaw School alumni on an mat-ters of mutual interest includ-ing Law School facilities, cur-

cont'd. on page 3

I THE GARGOYLEBulletin of the University of Wisconsinlaw School, published quarterly.

Vol. 9 No.3 Spring,1978Ruth B. Doyle, editor

Photos by G. SchultzArtist, Elaine Sweet

Publication office, law School, Universityof Wisconsin, Madison, Wis. Second classpostage paid at Madison, Wis. and Water-loo, Wis.Postmaster's Note: Please send form 3S79to "Gargoyle", University of Wisconsintaw School, Madison, Wisconsin.Subscription Price: 50¢ per year for mem-bers, $1.00 per year for non-members.

TABLE OF CONTENTSVisitor's Report 2Law Clerks for New AppellateCourt 5Multi-based Attack on WaterPollution 6New Library Wing 7Elmer Winter 8David Ullrich 10Faculty:

Gordon 11Hurst 11Carstensen 11Meyer 11Kelley " 11MacDonald 12Steinglass 12Powers 12Cain 12Goffney 12Bunn 13Thain 14CLEW 15

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Visitors cont'd.

riculum, placement, admissionand public relations of theschool and the Bar."

The Board is made up of 12Visi-tors, who are alumni of the U.W.Law School.They are elected to of-fice by the Directors of theWisconsin Law Alumni Associ-ation for terms of three years andare limited to two full consecutiveterms. The Board ofVisitors electsits own Chairman, ViceChairmanand a Secretary for one yearterms.

Typically, the Board meetsthree times a year. The majormeeting and visitation of the LawSchool typically occurs in late Oc-tober; The second meeting is heldat the time of the Midwinter Meet-ing of the State Bar. The third isheld at the time of the Spring Pro-gram of the Law School, typicallyin April.

The Board of Visitors metjointly with the Directors of theLaw Alumni Association on Octo-ber 30, 1977, for a rather extendedmeeting on raising funds fromalumni of the Law School, the in-adequacies of the funds presentlyavailable, the rising volume of un-paid loans and other matters. Inthe evening a dinner meeting washeld at which the speaker wasProfessor Willard Hurst. He madea thoughtful and stimulating pre-sentation of U.S. Supreme Courttrends in the emerging law of pri-vacy and other areas involving in-dividual rights.

The Board of Visitors metbriefly the morning of October 31,after which the members fannedout to classrooms of their choicefor the balance of the morning. Atnoon, most of the Directors stayedat the Law School for a box lunchand a chance to meet with the stu-dents and faculty. In the after-noon three forums were held onDevelopments in Legal Education,Law Teaching, and CLE and theLaw School. A discussion followed

T HE GAR' G OY lE

which was open to the Board ofVisitors, Directors of the LawAlumni Association, faculty, stu-dents and guests.

By intention, this report hasoffered a sketch of the structure ofthe Board of Visitors and the waya visitation is conducted becauseinquiries on those subjects aremade from time to time by in-terested alumni.

A variety of subjects and ofproblems associated with themwere addressed by the Board andothers during the course of a fulland stimulating day. The balanceof this report will be limited to anenumeration of those whicharoused special interest orreceived principal attention by theBoard members. It should be keptin mind that the Board of Visitorsdoes not feel caned on to take for-mal positions or to make specificrecommendations unless it deemssuch action essential or appropri-ate. It conceives of its functionsprimarily as auditing and evaluat-ing. If it concludes a matter hasgone as well as can be expected, itcan commend or it may saynothing.

The following subjects arousedspecial interest:

1. "Operational" Report. Forpurposes of summary reporting,the Board of Visitors observedthe primary "product" whichwas being turned' out by theLaw School, namely, students,and those who were turning outthe "product," the faculty. Theimpressions of the Directors ofboth the Board of Visitors andthe Law Alumni Associationwere consistently favorable asto the quality of teaching andthe general alertness exhibitedon the part of the students. Inthe minds of many alumni thequality of instruction and theadequacy of selection of the stu-dent body are perhaps the mostimportant single criteria bywhich to judge a successful lawschool "operation."

Murphy

2. Non-Teaching Faculty Func-tions. Also of great importance,although receiving lesseremphasis, are two other func-tions of law faculties. One isresearch and writing; the otherpublic service. Time did not per-mit the Board of Visitors toreceive a detailed report ofthese additional functions.Dean Helstad has been kindenough to furnish the Chair-man such a report in prelimin-ary form. It is the view of theChairman that the "produc-tivity" of the law faculty inareas other than direct instruc-tion is of sufficient significanceto warrant a rather detailedpresentation at another meet-ing of the Board of Visitors.Overall excellence in all threeareas - is the mark of a dis-tinguished faculty.

3. Plant. As might be expected,after considering that the newLaw Building was designed for amaximum of 750 students andthat it has approximately 900,

cont'd. on page 4

III

the space is crowded at someclass periods and for study pur-poses. Some classes are alreadybeing held outside the LawBuilding. Some students findthat there is not sufficient studyspace when they wish or need tostudy there. It is hoped that thisspace shortage may be substan-tially improved within the nexttwo years.

4. Admissions. Applications forfirst year admissions still runclose to 2,000 a year, with thegreater majority anywherefrom adequately to highlyqualified, to the extent thatqualifications can be measuredin advance of actual perform-ance. These applicants are com-peting for slightly under 300places. Of those admitted in thefall of 1977, approximately 40percent were women. This posesa series of interesting questions.Some women believe that anadequate recognition of thequalifications of female appli-cants and of their total numbersin the general population wouldwarrant even a higher percen-tage offemale admissions. Someof the unsuccessful male appli-cants and some of the practicingbar, on the other hand, inquirewhether this may not resultlong range in an unfair disad-vantage to male candidates andthe possibility in time of an in-sufficient number of male law-yers. These questions are suffi-ciently complex and even emo-tional in nature to make theirobjective consideration or proofdifficult.

IV

5. Evening Classes; Part-TimeStudents. The Legislature in1977 provided in its Budget Actthat:

"the Boardof Regents of theUniversity of WisconsinSystem shall report to theJoint Committee on Financeby December 1, 1978, the ex-tent to which it is possible forstudents to obtain an under-graduate degree or graduatedegree by attending coursesoffered during evening hoursor weekends and makerecommendations directed atextending such oppor-tunities."

Pending in. the Legislature isAssembly Bill 490, thesubstitute amendment to whichprovides in substance that theLawSchoolbe required to estab-lish evening classes and to allowup to 10 years for completion ofthe course work required for aJ.D. Degree.

The Budget Act intimates a leg-islative policy favorable to eve-ning and weekend classes. Theabove bill allows a student up toa decade to complete his lawstudies. It also mandates thefaculty to offer on weekendsand evenings at least everythree years all courses requiredby the Law School for gradua-tion and by the Supreme Courtfor admission to the Bar.

The matter is under currentstudy by the law faculty, whichmust report to the Board ofRegents late in 1978.Commentsby the Board of Visitors wouldappear premature before thefaculty reports its findings andany recommendations. Thepoliciesof the Legislature takentogether raise many questions,however, which University ad-ministration, the Law facultyand the Legislature, as ap-propriate, should address beforeany final legislative policy is es-tablished. They includewhether:

(a) Our society has continu-ing need for the very substan-tial increase in the numbersof those desirous of studyinglaw and of those who arebeing graduated in law.

(b) The Legislature is pre-pared to fund the cost of suchcontinuing increases.

(c) The present Law SchoolBuilding can accommodatefor instruction, library spaceand faculty offices, the in-creased numbers involved.

(d) A faculty willing to teachevenings and weekends willbe of the same quality as thepresent one.

(e) The part-time studentswill be of the same quality asthe present student body.

(f) The proposals will favorpart-time over full-time andless qualified over betterqualified applicants.

(g) Such legislativepreference is fair to qualifiedbut rejected applicants whowould have taken a fullcourse of study.

(h) There is a danger of twogrades of training and ofgraduates.

(i) A law student who takes10 years of part-time studywill really be qualified topractice in basic areas of thelaw a decade after he studiedthem.

cont'd. on page 14

THE GARGOYLE

Law Clerks to New Appellate Judges Alread9 Selected

Professor fredertcka Pa«

WHATEVER HAPPENED TO ... ?

Address _

City and zip

Please send me copies of the 1977 Alumni Directory.Enclosed is $ ($7.50 each).

Name

Paff

If old lawyer friends gradu-ated from the U.W. LawSchool, a new publicationfrom the Wisconsin LawAlumni Association mayanswer your question.

Almost 6000 names andaddresses arranged alpha-betically, by state, and byclass year.

Available now for only$7.50. Mail your check andthe coupon below to: WLAA,U.W. Law School, Madison,WI 53706.

semester. In the seminar varioustopics in judicial administrationare discussed, focusing on how theWisconsin Supreme Court andother appellate courts handletheir caseloads. The internshipswill give the students a first-handopportunity to see the operation ofthe Wisconsin Supreme Court.

The nine students selected fromUW Law School are:

Peter GuntherMargaret GarmsRonald P. HammerMargaret MaroneyStuart MondscheinAnn L. PetersenWilliam SoderstromGlen FritzGretchen Viney

The twelve judges for the newWisconsin Court of Appeals willnot be selected until April.However, the twelve third-yearlaw students, nine from UW LawSchool and three from MarquetteLaw School, who will serve as lawclerks for the judges during thenew Court of Appeals' first yearhave already been selected andare participating in a training pro-gram during their last semester inlaw school. The law clerks werechosen by the Wisconsin SupremeCourt in December and Januarypursuant to transitional provi-sions in the legislation creatingthe new Court of Appeals. TheSupreme Court was assisted in theselection process by a screeningcommittee consisting of SupremeCourt Executive Officer RobertMartineau, Assistant LegalCounsel Arnold P. Anderson ofMarquette University and Assis-tant Professor Fredericka Paff ofthe UW Law School.

As a result of the early selectionof next year's clerks, the newjudges will not be faced with theproblem of hiring law clerks inlate April after many of the stu-dents in the graduating law schoolclasses have already acceptedother jobs. The early selection alsomakes it possible to offer thefuture clerks some preparation fortheir jobs in a seminar run byJustice Shirley Abrahamson, anda four to five hour a week intern-ship with a Justice of the Wiscon-sin Supreme Court during one halfof the semester and with a memober of the Court's permanent staffduring the other one-half

THE GARGOYLE v

Prof esse- andStudents attackWater PoHution

Prof. W. L. Church

Law students and faculty areengaged in a review of standardsand regulations which may benecessary to control non-pointpollution of surface waters. Underthe 1972 amendments to theFederal Water Pollution ControlAct, the United States Environ-mental Protection Agency (EPA)provides federal funds for area-wide and state-wide water qualitymanagement programs whichmust address both point and non-point sources of water pollution.(Point pollution comes from apipe; non-point is typically run offin open land.) Under the auspicesof the EPA, a multi-disciplinaryteam of Madison campus profes-sors and graduate students isworking with state officials andelected representatives in Wash-ington County, Wisconsin, todevelop a proto-type non-pointsource pollution control programfor Wisconsin and other states.Professor Church, recent gradu-ate Bill Fahey and Donn Krem-mel, a second year law student,are working with professors andgraduate students from theDepartments of Soils Science,Engineering, Geography, WaterResources, Agricultural Econom-ics, Political Science, and Urban i

and Regional Planning.

The task of the graduate stu-dents in the natural science andengineering departments is todetermine the impact on waterquality of land development andfarming practices in WashingtonCounty and to propose strategiesto mitigate them. These proposalswill then be evaluated as to theircost-effectiveness, politicalfeasibility and institutional im-pact by the people in AgriculturalEconomics, Urban and RegionalPlanning, and Public Administra-tion. The job of Messrs. Church,Fahey and Kremmel is to draft or-dinances for consideration by theWashington County Board imple-menting the proposals.

VI

While the process of developingmanagement strategies is fairlystraight-forward, much researchgoes into the final product; draft-ing acceptable ordinances is, ofcourse, a complicated assignment.There are several significantissues to be dealt with.Oneof these issues concerns the

question of whether to prescribecertain development and farmingpractices or to set maximumquantities of soil loss per acre peryear which cannot be exceeded bythe developers and farmers. Anordinance of the first type caneasily become overly complicatedbecause the kind of practices re-quired willvary with the soil type,slope, kind of crop grown, andproximity to water. An ordinancewhich establishes a maximumallowable soil loss is less complex,but would be difficult to enforcebecause of the expense involved inaccurately monitoring whether aparcel of land is exceeding itsallowable soil loss. The actualwater quality impact of a givenamount of soil loss has not beenestablished; and the amount ofsoil lost per acre depends to alarge extent on the soiltype, slope,and kind of crop grownon a parcelof land. A farmer on hilly land,with highly erodable soil, mayemployexcellent soil conservationpractices and still exceed soil losslimits while a farmer on flat landmay employ no soil conservationpractices and be within soil losslimits. This raises questions ofequity and efficiency.A second issue concerns the

Professor Ch~rdl

resistance ofthe agricultural com-munity to government regulation.It is presently contemplated thatthe Soil and Water ConservationDistrict (SWCD),will administeran ordinance directed at curbingsoil loss from agricultural lands.In order for such an ordinance tobe adopted in the county, a ma-jority of the electors in the unin-corporated area must approve it ina referendum. An ordinance,therefore, which prescribes farm-ing practices in too much detail orwhich sets maximum soil losslimits too lowwill probably not beapproved in the referendum, andwill thus cause local efforts atregulation to come to naught.A final difficult issue is the com-

plex interrelationship of Federal,State and local governments inthe field of regulating non-pointsource water pollution. The En-vironmental Protection Agency isthe Federal agency responsible forachieving Congressionally man-dated water quality goals. TheWisconsin Department of NaturalResources has the responsibilityfor achieving Federal waterquality standards in Wisconsin.County Soil and Water Districtsare presently envisioned as beingthe administrator of an ordinancedesigned to abate soil loss fromagricultural lands. SWCD's arespecial purpose units of localgovernment. The Soil Conserva-tion Service (SCS),a departmentof the United States Departmentof Agriculture (USDA), providespersonnel and other assistance toSWCD's.Thus, the SWCD's,to theextent that they make use of SCSassistance, must be responsive tosomeUSDAdirection in achievingEPA prescribed water goals en-forced by the State. The task of reomaining responsive is rendereddifficult because federal and stateagencies sensitivities shift in theirattitudes toward proper regula-tion of pollution.Working on the Washington

County Project not only requiresan understanding of numerousareas of the law, such as localgovernment law, property law,and legislation. It introduces thelaw student to the process of solv-ing problems with legal, scientific,political and economic dimen-sions.

THE GARGOYLE

New Librar~ Win9 Is Underwa!J

Maurice Leon" li brarian

If the contractor's calendar iscorrect, the new addition to theLaw Library will be finished andusable by 1 September 1978. Theaddition of some 11,000sq. ft. ex-tends the Library on its south andeast sides, adding faculty study of-fices, student study space, somestack area, library staff officesand seminar rooms. In addition, anew public elevator and outsidestairs will be built on the east side.The elevator will be designed toaccommodate the handicapped.

Because the State cut back theoriginal cost estimates, the addi-tion is essentially a compromise toget the most space for the leastmoney. Since space was neededmainly on the third, fourth, andReading Room levels, the con-struction is concentrated there.The result creates an addition onstilts. The overhang of the new up-per floors provides what will pro-bably be the best sheltered bikeparking on the campus.

At the time of this writing theLibrary's exits to the south park-ing lot and east towards MusicHall have been blocked by con-struction work. However, trades-men, students and other patronsstill manage to find their way intothe Library through the LawSchool.This present inconvenience is

minor compared to that of a fewmonths from now when the con-tractors breach the existing walls.Plans are being made for theshifting of people and thousandsof books prior to this. For threemonths, conditions will becrowded in the new reading roomwhere both materials and stu-dents will be squeezed together.But we hope the wooden and can-vas barricade built along thesouth and east walls will containthe construction noise and con-crete dust.

THE GARGOYLE

Within the remodeling plans forthe Library there will also be abook detection system to forestalltheft and other unauthorizedremoval of Library materials. TheLibrary plans to have only theReading Room and the fourthlevel within this new securitysystem so that students can con-tinue to move in and out of theother levels without hindrance.

The Student Bar Associationand the Library Committee havefor many years pressured for somemeans of reducing book andperiodical losses in the Law Libr-ary. It is only with the remodelingin conjunction with the additionthat it has become possible to con-sider a workable book detectionsystem. Since the whole ReadingRoomwill become a secured area,the present reserves will disap-pear and a much smaller Circula-tionlReserves enclosure will takeits place.

The library staff intends to re-main flexible as to how much andwhat kinds of materials nowcalled "Reserves" will be broughtout into the remodeled ReadingRoom. Various library modelsaround the campus are beingstudied to see which might workmost successfully in the Law Libr-ary.

labo.... law Group

Jones is New Chairman

Professor James E. Jones, Jr.has been elected Chairman of theLabor Law Group, an associationof Labor Law teachers, organizedto prepare teaching materials forthe law school courses in laborlaw. It was established in 1947, ata conference on the training oflaw students in Labor Relations.The Group's first book, LaborRelations and the Law, waspublished in 1953 and has beenrevised several times since. Thereare now ten books (units) underthe general title of Labor Rela-tions and Social Problems - ACourse Book, published by BNA.All profits earned by their publica-tion are used by the Group to fi-nance its planning and editorialactivities; no member receives anyfinancial remuneration.

Professor Jones has also beenelected to the Executive Commit-tee of the Industrial RelationsResearch Association, which hasits headquarters on the Madisoncampus. Secretary of Labor, RayMarshall, is the immediate pastpresident. Edwin Young, Univer-sity of Wisconsin President, waspresident of IRRA in 1965.

VII

When Is a Lawyer Not a Lawyer?

Mr. Winter reports that severalyears ago, in a few of the Ameri-can Manpower offices, there was amovement to change the name to"Personpower" or "Man/WomanPower" - or something, but themovement died a-borning.

He is semi-retired. Manpower,Inc. was sold to the Parker PenCompany in 1976. He continues tohave a busy office in the company,serves as Chairman of the Adviso-ry Council, and acts as Consultantto the Company. He considers that

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Manpower, Inc. is wen run andwen managed, and business isvery good indeed.

As a result, his interests haveshifted. He is the immediate pastPresident of the American JewishCommittee, a position which in-volved him in Israeli-Americanrelations and took him to Israelthree or four times a year. He con-tinues to commute to Israel,because he is currently serving asChairman of a Committee for Eco-nomic Growth in Israel, a grouporganized to stimulate Americaninvestments in Israeli enterprisesand to encourage a greater tradebetween the two countries.

Recent exchange agreementshave provided American marketsfor Israeli-made medical equip-ment, clothes, tools, and hightechnology products.

Much of his time goes to whathe considers to be America's mostserious economic problem-unemployment among the young.He has been delegate to the WhiteHouse Conference on Youth and isa member of the White HouseTask Force on Employment andthe Economy. He believes that pri-vate business must playa greaterrole than it has thus far in provid-ing employment opportunities forthe people just entering theemployment market. Business, hefeels, needs greater incentives, in-cluding tax breaks, wage incen-tives and training funds.

Winter

*

in Milwaukee, but he is comfortableamong friends and business associ-ates in the 34 countries into whichManpower, Inc. has expanded dur-ing the last thirty years. His lifetimeof devotion to Jewish causes, com-munity problems, and his deep in-volvement in the Arts have addedother dimensions to his life. He con-siders himself a fortunate man.

To the outside world, he is Mr.Manpower, Inc.

Winter

**

Elmer

Manpower, Inc. - a temporaryhelp service with 700 franchisesin 34 countries - was establishedduring the time of extreme pres-sure on business and shortage ofqualified workers, more than 30years ago. At the time it was es-tablished, Mr. Winter and hispartner, Aaron Scheinfeld, werepracticing law, and they continuedto practice for seven years. Theirswas a general practice, many oftheir clients were old friends andfamilies well-known to them.

The decision to close their lawoffices and give up the practicethey had built from zero to devotefun-time to Manpower was not aneasy one. Of course, they have notbeen sorry.

Manpower, Inc. occupies a manyacred site in northwest Mil-waukee. It is a remodelledwarehouse, providing comfortablework space for more than 200 peo-ple. It is decorated in brilliant red,white and blue. Exposed beamsand girders are painted white, car-pets are red. Interior partitionsare moveable and overhead lightsare on trolleys, so the interior iscompletely flexible. Interestingpaintings and art objects are dis-played throughout. There is a verylarge conference room used fortraining sessions attended byManpower personnel fromthroughout the world.

VIII

Prospective law students oftenask what lawyers do day by day.They are often fascinated by thevarious occupations lawyers getthemselves into. For the past thirtyyears Mr. Elmer Winter, Class of1935, has had one of the most in-teresting careers of all, as a non-lawyer lawyer.

Elmer Winter is a happy man.He exudes good health, good sense,and good humor. His roots are deep

Winter cont'd.

For the past ten years Man-power, Inc. has had a summer jobplacement program (calledYouthpower) in the Milwaukeearea. It has provided some train-ing programs and job listings.More than 80,000 young peoplehave been placed on summer jobsthrough the Manpower program.But it is not enough.

He is a painter and a sculptor.

His paintings are abstract. Hissculpture is made entirely of autoparts - usually bumpers,although he uses headlightframes, an occasional chassis andother parts. Bumpers aren't muchgood nowadays, he says. Those ofthe 1950's are sturdier and havebetter design and more characterthan those presently available. Hehas certain dealers who savechoice parts for him.

There is a "Moonbuggy" in theparking lot at Manpower, Inc.,complete with chassis and fourworn balloon tires. Beside the im-pressive front entrance is a tower-ing chrome piece (all bumpers)which was built in three sectionsand assembled on the scene.Others are on display in thespacious grounds of Manpower,Inc. and around his fine summerhome in Fish Creek, Wisconsin,where he has a large welding shopin an old barn which was movedonto his property.

Many of his works have beenshown - including a largesculpture inspired by the Packersin Green Bay iri1967,and anotherof Kareem Jabbar in Milwaukee.Mr. Starr expressed his apprecia-tion; Mr. Jabbar had no comment.At one display in Philadelphia, aviewer was heard to comment "Idon't know about the art, but thisguy sure is a lousy welder."

THE GARGOYLE

His artistic career began morethan twenty years ago, when heand five friends established aMonday night art class, whichusually met on Thursday eve-nings. He has gone for guidance tothe Door County Art School atFish Creek. A paint box usuallyaccompanies him on his world-wide travels. Using acrylic paints~nd water colors,he brings back alittle bit of scenery from eachstopping place. Recently he at-tended a program at the Mil-waukee Art Center during whichhis fifteen year old grand-daughter's first publicly displayedpainting was hung.

Elmer Winter is an author. Histen books, published mostly byPrentice Hall, are outcomes of hisbusiness interests; they are all"How to" books, a type which en-joys enormous popularity in theUnited States. For example, afterManpower, Inc. offered its stock tothe public in 1959, he wrote theComplete Guide to Making a PublicStock Offering. Based on his com-pany's own experiences, the bookhas been revised and made cur-rent several times. Among hissubsequent books are Woman sGuide to Earning a Good Living,How to Go Into Business for Your-self, How to be an Effective Secre-tary, How to Get a Job Abroad, andSecretary and Manager.

Mr. Winter's father was aclothing manufacturer. Hisbrother Jack Winter is a thrivingman ufacturer of women'ssportswear; a retired sister livesin Florida. Two of his threedaughters are wives of lawyers.The third is married to a rabbi.

Mrs. Winter is his travellingcompanion, and has developed in-terests -and associations of herown. A frequent visitor to Israel,she participates in PlannedParenthood and in the beautifica-tion programs there - makinguse of her Milwaukee experiences.

He is not without honor in theUnited States and elsewhere. AFellow of Brandeis University, heis also a member of the Board ofGovernors of Haifa University. Heis an honorary alumnus of theHebrew University of Jerusalem.He has earned the B'nai B'rith In-terfaith award, the Brotherhoodaward of the Milwaukee chapterof the National Conference ofChristians and Jews, the EqualEmployment award of the Mil-waukee Urban League, and Ro-tary Club's Vocational ServiceRecognition Award. He holds anhonorary LLD from the Univer-sity of Wisconsin-Milwaukee.

His life is not without disap-pointments. On the day of our in-terview, we drove through theThird Street area of Milwaukee -a dilapidated section of emptybuildings and rubbled, vacant lots.A small motel stands on the spotwhere Elmer Winter was born.

There is now a group of Mil-waukeeans who wish to restoreand build up the Third Streetarea, which is not only his hometurf, but the location of his father-in-law's women's apparel store, ahandsome building, unused anduntended for many years. When itwas discovered that the buildingwas scheduled for destruction, lastminute efforts were made to atleast postpone if not prevent thedeed. But, as we drove by, we sawthe destruction of the building inprogress.

ALUMNI NOTES

At a ceremony in Washington onDecember 16, 1977,David Ullrichwas awarded a gold medal by theEnvironmental Protection Agency,where he serves as Chief, CaseDevelopment Section in the ChicagoRegional office. Mr. Ullrich, amember of the Class of 1973, is anative of Wausau and a DartmouthCollege graduate. He was photo-grapher for the Gargoyle while hewas in Law School.

Part of the citation honoringUllrich follows:

"David A. Ullrich has served asan extremely effective enforce-ment attorney and supervisor dur-ing his four years at U.S. EPA.Particularly during the last 15months, he has been the leadAgency attorney on two majorsteel mill pollution cases suc-cessfully brought to settlement.He has shown a unique ability tohandle both air and water pollu-tion cases, and carry out super-visory responsibilities at the sametime. He has clearly distinguishedhimself as an invaluable asset tothe Agency.

Mr. Ullrich is the primary in-dividual responsible for U.S.EPA's historic victory over UnitedStates Steel Corporation, GaryWorks, in the Seventh CircuitUnited States Court of Appealsand the successful settlement ofthe matter following the SeventhCircuit's decision.

The Seventh Circuit decision isof incalculable value to U.S. EPAin its work to protect the environ-ment. The unique circumstancesof the case, which included one ofthe staunchest opponents of U.S.EPA in U.S. Steel and one of thedirtiest pollution sources in theGary Works, led to an unprece-dented decisionwhich was favora-ble to the Agency on all the sig-nificant issues being raised by dis-chargers throughout the country.

x

While awaiting the decision ofthe Seventh Circuit, U.S. EPAcontinued to negotiate with U.S.Steel, hoping to reach an out-of-court settlement. Mr. Ullrichserved as the lead Agency at-torney in the negotiations and wasresponsible, as such, for coor-dinating all legal, technical, andpolicymatters associated with thediscussions. With the large num-ber of people involved from boththe Agency and the Departmentof Justice, this was a difficult task.Throughout the negotiations, hewas able to consolidate thegovernment position on all issuesand present the position to U.S.Steel in a convincing manner. Hewas also able to keep the verycomplex and cumbersome settle-ment discussions moving forwardin an expeditious fashion. Whenthe Seventh Circuit opinion washanded down, he successfullymobilizedthe settlement efforts tomake full use ofthe extremely ad-vantageous position of the govern-ment was in. The result was a set-tlement one month later.

When viewing the three yearsof Mr. Ullrich's work on this case,in two ways he demonstrated par-ticularly unusual ability. First,throughout the administrativeand judicial stages of the case, heeffectively marshalled the techni-cal facts and legal principles insuch a way as to present a veryconvincing Agency position bothto the Court and to U.S.Steel. This

was especially difficult because ofthe number and complexity ofissues involved. Secondly, his oralargument to the Seventh Circuitsubstantially enhanced the cre-dibility of the Agency and its casein the eyes of the judges. He ap-proached the bench at a timewhen it appeared the Agency'scase was going very badly and lefttwenty-five minutes later with thejudges appearing much more con-vinced in the merits of the case.Mr. Ullrich demonstrated a strik-ing ability to communicate awealth of technical and legalknowledge to a panel ofjudges in avery short time.

While working on the U.S. Steelwater pollution case, Mr. Ullrichwas preparing for the trial of acriminal contempt case. The casewas brought against U.S. Steel forviolations of a 1974 consentdecree. Over a seven monthperiod, Mr. Ullrich developed asound criminal case which ap-peared to be headed for trial and asuccessful verdict. In particular,his exhaustive work in reviewing,assembling, and organizing com-plex technical data and other factsrelating to the charges was out-standing. This thorough prepara-tion by Mr. Ullrich made it veryclear the Agency was prepared togo to trial and win. Consequently,U.S. Steel agreed to pay a substan-tial penalty and bring the sourceinto compliance in one month.

cont'd. on page 11

UllrichTHE GARGOYLE

Ullrich cont'd.

The leadership heprovided in these matters waspivotal in bringing about the out-comes, and all contributed to avery successful Region V air en-forcement program.

Citation: This award is given inrecognition of your exceptionalperformance in managing majorcases yourself and directing thework of others to bring about acleaner environment for thecitizens of this country.

Professor Robert Gordon, whojoined the Faculty as AssociateProfessor in September, 1977, ap-peared on the program of the Se-venth Annual Meeting of theAmerican Society for Legal Histo-ry in Boston in November, 1977.The subject of his paper was Law-yers and Merchant Clients in NewYork, 1780-1807.

Vilas Professor Willard Hurst,who is teaching the tw~ springquarters at the Holland LawCenter, University of Florida,Gainesville, gave the seventhSulzbacher Memorial Lecture onSeptember 20, 1977, at ColumbiaLaw School,

In October, 1977, ProfessorHurst participated in AmericanLaw Institute/American Bar As-sociation (ALI-ABA) seminar onthe Structure and Governance ofthe Corporation at Lincolnshire, Il-linois. His subject was the historyof public policyregarding the busi-ness corporation in the UnitedStates.

Two articles by Professor PeterCarstensen have been completedand are ready for publication thisspring. One, which will bepublished in the Washington andLee Law Review, reviews the anti-trust decisions of the UnitedStates Supreme Court during itslast term.

The second, of which NinaQuestal (class of 1976) is co-author, is a proposal for the use ofSection 5 of the Federal Trade

THE GARGOYLE

GordonCommission Act to regulate largeconglomerate mergers. This arti-cle will appear in the April issue ofthe Cornell Law Review.

Carstensen

Kelley

CLEW Continues to GrowCLEWintroduces two new staff

members. Tiffany S. Meyer andThomas F. Kelley began theirduties as Assistant Director andAssociate Director, respectively,on September 1, 1977.

Ms. Meyer, a 1976 graduate ofthe University of Wisconsin LawSchool, returns to Wisconsin afterteaching at Arizona State Univer-sityat Tempe. She previously wasa short course instructor for theUW-Extension Department ofBusiness and Management andhas had experience in the privatebusiness sector.

Mr. Kelley, a native of Massa-chusetts, is the former director ofNebraska Continuing LegalEducation, an activity of the StateBar of Nebraska. A graduate ofSuffolk University Law School inBoston, he did corporate legalwork before entering the continu-ing legal education field.

With the addition of Ms. Meyerand Mr. Kelley to the staff, CLEWanticipates an increasingly activefuture in programming andpublications. Ms. Meyer's ac-tivities will include working withpractitioners and specialists onfuture courses and projects. Mr.Kelley will assume some of theresponsibilities of CLEWDirectorArnon Allen, who is also an Asso-ciate Dean of the Law School,responsible for CLEW and otheroutreach activities.

X1

Visiting Fa.culty

MacDonald goesto Japan

During the last week of March,Professor James B. MacDonaldwill leave for Japan where he willstudy and report on the laws andcustoms which affect the alloca-tion of water rights in that coun-try. Water has been used for ir-rigating rice fields in Japan forcenturies. That use is changingdue to increasing demands by in-dustry and urban areas. ProfessorMacDonald teaches water law andhas drafted water rights alloca-tion legislation recently in-

Professor Steven Steinglassis on leave from his post as Direc-tor of Legal Action of Wisconsin,the expanding program whichprovides legal services for the in-digent under the federal LegalServices Corporation. A graduateof Columbia Law School, heteaches Civil Procedure and Prob-lems in Legislation: Federal CourtReform.

PowersXII

troduced in the Wisconsin legis-lature. His study in Japan is sup-ported by the Japan Society forthe Promotion of Science (JSPS),an institution comparable to theNational Science Foundation inthe United States. He will beworking with Professor AkioMorishima of the University ofNagoya Law Faculty.

This will be a return trip toJapan for the MacDonalds, whospent part of the summer of 1975there, on a tour for the UnitedStates Department of State. Theywill return home in January 1979.

In the busy months beforedeparture, Professor MacDonald,in addition to his teaching, hasserved as Chairman of the FacultyRecruitment Committee,

Professor Kathryn Powers comesfrom Holland Law Center, Univer-sity of Florida, where she is Asso-ciate Professor. A graduate ofVassar and the University ofFlorida Law School, she has hadexperience in government and pri-vate practice before embarking onher teaching career. She teachesWomen and the Law and SecuritiesRegulation.

Steing lass.

Professor Patricia A. Cain washere only first semester, on leavefrom the University of TexasSchool of Law. She is a Vassargraduate who attended theUniversity of Georgia Law School.During her stay, she taught Taxa-tion and Estate Planning.

Professor Lawrence Goffneycomes from the Law School of theUniversity of Detroit. He is analumnus of Detroit, has donegraduate work at Columbia andHarvard. At UW he teaches Tortsand Restitution and OtherRemedies.

GorfneyTHE GARGOYLE

Baldwin Back to BoliviaBunn named

consultant

On January 16, 1978, ProfessorGeorge Bunn was named Consul-tant to the United States ArmsControl and Disarmament Agen-cy. His assignment is to assist theAgency in the International FuelCycle Evaluation, which was an-nounced by President Carter inthe spring of 1977.The evaluationis being undertaken in an effort toachieve compliance with theNuclear Nonproliferation treatyby persuading other nations not topursue peaceful nuclear powergoals which might lead to the"bomb." These goals include thereprocessing of spent fuel to takeout the plutonium and the enrich-ing of uranium to high levels.

Professor Bunn will work onthat part of the evaluation whichwill try to determine how theneeds for nuclear power in othercountries can be met without thebuilding of re -processing orenrichment plants. For example,the Agency will study thefeasibility of establishing an In-ternational nuclear fuel "bank."

Last year, Professor Bunn actedas Chairman of the Hearing Boardestablished by the United StatesNuclear Regulatory Commissionto review a Generic Environmen-tal Statement on Mixed OxideFuel. At the termination of thehearings, Professor Bunn wascomplimented by CommissionChairman Joseph M. Hendrie, forhis "scrupulously fair and openconsideration of all the viewpointspresented," and for his "promptand able attention to the many ad-ministrative aspects of the pro-ceedings . . . "

Before coming to the LawSchool in 1969, Professor Bunnserved as General Counsel of theU.S. Arms Control and Disarma-ment Agency and as Americannegotiator at the Geneva Disar-mament Conference. ProfessorBunn was dean of the Law Schoolfrom 1972 til 1975.

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In January, 1977, Professor Gor-don Baldwin was asked by 'theUnited States State Department toserve as a member of an Americanteam which went to Bolivia to in-vestigate first hand the Bolivian

jails in which there were 34 incar-cerated Americans. Most of themwere held for illegal dealings indope. The team visited Americanprisoners in jail, and consultedwith local law enforcement officersand judges in an effort to speed uparraignments, trials, and sen-tences. (Gargoyle, Vol. 8, No.4, P.10.)

Below is Professor Baldwin B re-port of the progress made.

In December, 1977, I was askedby our Ambassador in La Paz toreturn to Bolivia as a consultantin various matters concerning theinvolvement of United Statescitizens with Bolivian narcoticslaws. In most respects conditionshave improved since my first visitin 1976. During 1977 the Bolivianjudicial system began functioningmore effectively, and a treatyallowing for the "exchange" ofprisoners is nearly ready for sub-mission to the U.S. Senate. Manytrials in Bolivia have finished, themandatory appellate review com-pleted, and a significant number

Bunn

of defendants, Bolivian and Amer-ican, have been released. A fewwere found not guilty, others weregranted conditional liberty andsome were released having servedtheir allotted time. While no one,including the Bolivians, hasclaimed that their judicial systemis a model of efficiency or ofspeedy justice, the improvementin their process is notable and pro-mises to continue.

One encouraging event is theBolivian government's decision toundertake a comprehensivereview of their narcotics law pro-cedures. A special commissionwas recently appointed to recom-mend reforms, primarily directedat making enforcement of thenarcotics laws conform to themore general norms of their crim-inallaw. Heretofore the narcoticslaws were enforced without someof the procedural safeguardsafforded to ordinary criminal de-fendants.

Of particular assistance to thiscommission, and to the UnitedStates citizens in Bolivian jails,have been the efforts of severalhighly competent Bolivian law-yers hired by our Embassy tomonitor the progress of the trials.Their observations will doubtlessbe useful to the commission and toeventual law reform.

BaldwinXIII

ADVERTISING

On February 28, the FederalTrade Commission issued a pro-posed rule for governing TV ad-vertising aimed at children. Theproposal relied heavily onmaterial produced by Ford Foun-dation seminars.

An article describing the workof a Ford Foundation projectcalled Selling to Children: Is Therea Need for Public Intervention? byProfessor Thain appeared in theDecember issue of the Newsletterof the American AcademyofChildPsychiatry. Professor Thain is thedirector of the project.

***

were reported which bear onthat subject. One is the indica-tion of non-growth or even aslight decline in the number ofalumni donors. There appearsalso to be an actual decline. inthe average gift during the pastfive years.

Second, there is a substantialrise in unpaid loans or loan in-stallments. The Board of Visi-tors wishes to work closelywiththe Directors of the LawAlumniAssociation in improving thegiving and reducing the delin-quency pattern. Success inthese endeavors will mean bothfresh funds and the freeing upof currently frozen loan funds.

7.The LawSchooland CLE.Thehistory of con tin uing legaleducation in this state has atone time or other, over a periodof more than two decades, in-volved the two law schools, V.W.Extension Service and the StateBar in varying degrees ofcooperation and contribution. In1976 the V.W. Law Schoolfaculty voted to lend greatersupport to the continuingeducation of the profession. Itrecommended the creation of anAssociate Deanship for Con-tinuing Education and Out-reach Services. The positionwas authorized and ProfessorArnon Allen, earlier the Chair-man of Extension Law, was ap-pointed to the position in Janu-ary, 1977. It is hoped that thisnew Law School program willserve to enlarge and enrich thecontinuing education programsavailable to Wisconsin practi-tioners.

Robert B. Murphy, Chairman

As is true in most human en-deavors, the V.W. Law Schoolpre-sents an admixture of achieve-ments, headaches and planning.The mix changes from time totime, but not the ingredients. Con-sidered over all, the faculty andstudent body seem clearly to meritthe category of achievers.

Submitted on behalf of theBoard of Visitors.

Thai"

6. The inadequacy of thescholarship and loan funds.Although it is not possible todesignate a specific figure,because an unknown number ofneedy law students probablyassume in advance of askingthat they could not get funds, itis the estimate of those who ad-minister loan and scholarshipfunds that the total availablefalls far short of those needed.Older law alumni, in particular,would do well to consider thatthe present cost of Law Schoolfees is more than the cost 40years ago for fees, books and liv-ing expenses for those who thenhad to operate on a modestbudget. The number of creditsrequired for graduation hasrisen measurably, the kind ofinstruction has changed, com-petition is keen, and it is proba-ble that the average law schoolstudent of today has less timeand energy available for workon the side than was true inearlier decades.

In addition to the need for addi-tional scholarship and loanfunds, two other developments

by Lawyers

Visitors cant 'd.

*

*

*

*

*

*Professor Thain has served as

reporter for the Joint Committeeof the State Bar and the Wiscon-sin Judicial Councilestablished torecommend revised ProvisionalRemedies and Exemptionsstatutes. He explained the jointcommittee's recommendations tothe Judiciary Committee of theState Senate on January 19.

Professor Gerald Thain recentlyaddressed the Dane County Medi-cal Society on the impact on themedical profession of the recentdecisions which held that prohibi-tion of advertising of professionalservices is unconstitutional. Healso discussed the pending actionby the Federal Trade Commissionagainst the American MedicalAs-sociation.

In November, 1977, ProfessorThain appeared before bh eWisconsin Supreme Court, urgingrejection of proposed guidelinesfor advertising by lawyers. Heurged establishment of an interimperiod during which all advertis-ing allowed in general be allowedfor lawyers. This position, urgedby many others, was adopted bythe Court, effective January 1,1978.

XiV THE GARGOYLE

CLEW Plans AheadPamela Brady, CLEW Coordinator

1978 programming at Continuing Legal Education for Wisconsin(CLEW) is off to a good start. Our first program of the new year,"Organizing the Small Business," was held at Delavan, January 12-14.From these dates on, there is at least one program or one telelecture permonth throughout the year.

Below is a list of titles and dates of offerings in 1978.

TitleThe Federal Register; What it isand How to Use It

Recent Developments inCriminal Law

Buy-Sell Agreements

Accounting for Lawyers

TELELECTURES

SpeakerCarol A. Mahoney

William GansnerHoward EisenbergStephan R. Leimberg

Wilbur G. Katz

Dates & TimesFeb. 6, 13, 2012-1:20 p.m.March 7, 14,21,2812-1:20 p.m.March 30,3112-1:50 p.m.April 4, 6, 11, 1312-1:20 p.m.

Telelectures are located around the state and all of these programs will broadcast statewide. Further pro-gramming in April and May will be announced.

TitleMarketing Legal ServicesMining Leases and ContractsConsumer Law for BusinessesTitle VII-Civil Rights LawALI-ABA: 'Estate Planning inDepth' and 'FundamentalBankruptcy'

Trial Advocacy

Criminal Trial TechniquesCLEW Tax Workshops

LIVE SEMINARS

DatesFeb. 20-21March 3March 1& 10April 27-28

June 18-23July 10-14July 24-28August 7-11July 17-21Sept. 22-23Oct. 13-14Oct. 20-21fourth location

LocationMadisonRhinelanderMadison, MilwaukeeMadison

MadisonMadison

MadisonWausauMilwaukeeMadisonto be decided

Brochures on all of the above listed courses are mailed approximatelyone month to 6 weeks before each course.

THE GARGOYLE xv