| Summary: | Student newspaper of the School of Law. Blackacre LOYOLA UNIVERSITY OF CHICAGO • SCHOOL OF LAW volume xi number 6 november 20, 1979 Lamey honored at testimonial by Jack Leyhane "Has L~mey really retired or is he on the schedule for next semester?" This was a question seriously asked at at least one table at the testimonial dinner held for former Dean William L. Lamey at the Bismarck Hotel Wednesday, November 14. The answer to that question is that Professor Lamey has, yes, really retired this time. Many students in the present third year day class were students in Professor Lamey's final Code I and II classes. At the beginning of the Fall, 1978 semester Professor Lamey had announced his intention to retire, for real, at the end of that academic year in terms that could be described as the academic equivalent of the Sherman statement. Fate almost took a hand in assuring that Professor Lamey's decision would this time, at least, be honored. Over the summer Lamey had to submit to open heart surgery. As. he announced at his testimonial, he was afraid at one point that it might have been a memorial dinner. Had he been asked to attend the dinner in July, he said, he would have been unable to give a firm commitment to attend. But Professor Lamey attended his own testimonial. He was not just there-- in point of fact, Bill Lamey stole his owu show. The $25 a plate testimonial dinner was preceeded by the Eighth Annual Law Alumni Social, at which third year day and fourth year evening students were treated to an open bar by the ~lumni Association. Then came the roast beef dinner, preceded by an invocation by Chancellor John H. Reinke, S.J. The after dinner speakers were Chancellor Emeritus James F. Maguire, former Pre~ident of the University and the man for whom the new law school building is named; Justice Robert J. Downing of the Illinois Appellate Court, First District, Former Professor William L. Lamey receiving a silver bowl Donald C. Shine, ll'rl>' nnonT Of the Alumni Association-Lamey called his testimonial a rededication to academic excellence. Second DIVISion, etas:. ot '42; Henry J. McDonald, Midwest Regional Counsel for ITT and a '39 day school grad (Professor Lamey is a product of the 1939 evening class); James M. Forkins, now a partner with Schiff, Hardin & Waite, but a member of the Loyola faculty from 1947 thru 1975; Donald C. Shine, class of '69 !ind President of the Alumni Association; and, of course, Professor Lamey. Lamey recalled in his remarks that he hadn't always intended to go into teaching. In fact, after military service in World War II, Lamey returned to his pre-war post at Montgomery Ward, where he had been working in labor relations. Then one day, he said, he received a phone call from then Dean John C. Fitzgerald. Would Lamey be interested in joining Fitzgerald and Professor John Waldron for lunch? He answered affirmatively. Present faculty members, who, Lamey observed, were flown in from all parts of the country for recruiting purposes, might not understand the method by which he was recruited, but he hoped they would appreciate the story: Lamey took the bus from the Chicago Avenue offices of Montgomery Ward to the Law School, then in its last year in the quarters at 28 N. Franklin. When Lamey arrived at the school, he discovered that the luncheon was to take place in a Pixlie and Ehler 's cafeteria on Wells Street (perhaps analogous to Wendy's?), where patorons took cards from a machine near the entrance of the restaurant on which their orders would be indicated. . Lamey recounted that while the three were on their way from the school to Pixlie and Ehler's, Dean Fitzgerald became the first law school dean in the " history of the American Association of Law Schools to do a four-minute mile. And that was walking." Jogging at full tilt behind ("I was somewhat younger in those days. " ) continued on page three Moot court teams miss trip to nationols by Catherine Long, Char Reinhold and Terri Jigante Contestants from Loyola's School of Law advanced to the Regional semi-finals of the National Moot Court Competition before losing to the tourney finalist, the University of Illinois. Two teams, chosen from last spring's intraschool moot court tournament represented Loyola. Deborah Threedy, William Barrett and Paul O'Fiaherty formed one team; John Hosteny, Cristopher E.K. Pfannkuche, and John Norris were the second team. Professors Diane Geraghty and Allen Shoenberger were the teams moderators. Last August, the contestants recieved their problem for the competition, and were asked to submit written briefs and to prepare oral arguements. For over three months, the students researched the problem of patent litigation of dissolving micro-organisms. Primary issues involved the right to a jury trial, as affected by the factual complexity and lengthiness of the trial itself. Last Wednesday and Thursday, Novem'ber 15-16, twenty teams from illinois, Wisconsin, and Indiana gathered at the Daley Center for the regional competition. Fourteen law schoo~ were represented. Each evening, two rounds of competition were held. During the hour-long rounds, each team was allotted thirty minutes for their oral presentation. The written briefs were graded seperately. Two team members out of three would argue each round. And teams alternated as petitioners and respondents in seperate rounds. A three-member judiciary panel, comprised of attorneys and judges, evaluated 0 'Flaherty, Threedy & Barrett ament. The team of Pfannkuche, Norris and Hosteny defeated the team from Chicago-Kent College of Law, earning one of the highest scores in the tournament. But they subsequently lost their second round to Valparaiso University. Hosteny. Pfannlcuche & Norris Threedy, Barrett and O'Fiaherty defeated both Marquette University and the University of Southern Illinois to advance to the semi-finals. They then whipped DePaul University, before finally losing to the University of Illinois in the last round. the student's performances. They appraised first the contestants' command of the case material. Then, when questioning the students about tangential topics, the judges looked for students' expression of 'good common sense.' Often, the contestants had to withstand a withering barrage of intense interrogation, in order to demonstrate their ability to think on their feet. Finally, the panel rated students numerically. Those teams with the highest cumulative scores advanced in the tourn- r Have a Happy Thanksgiving Blackacre November 20, 1979 page two --- Dr. Robert Stein Cook County Medical Examiner Tuesday November 27 · 5:00pm Regis Room "The Legal and Medical Aspects of Forensic Pathology" sponsored by LAW SCHOOL Basketball Night $5 package February 8 4:30pm Alumni Gym includes $3 ticket and $2 for refreshments See . Loyola v. Detroit beer, • w1ne, soft drinks, coffee, and sandwiches S~A Speakers Committee Sir Stuff (Kevin Sprewer) Women gain in numbers In 1873, the U.S. Supreme Court held that women did not have a constitutional right to practice law, declaring that ''the most paramount destiny and mission of a woman is to fulfill the noble and benign offices of wife and mother.'' One justice insisted that "it is '!gainst the Law of the Creator for women to practice law." As late as 1970, only 2.8 percent of American lawyers were women. Writing in the current issue of INCL Brief, Sandra Miller reports that today approximately 10 per cent of lawyers are women, along with nearly 30 per cent of all law students. Indeed, at several schools the number of first-year women students equals or exceeds the number of men in the class. By comparison, Loyola's first year evening class boasts a 28 per cent female enrollment, according to Assistant James Faught. Fully 46 per cent of the students in the first year day class are women, Faught said. Miller notes that these recent gains "have caused some experts to predict that the law may become the first traditionally male profession to achieve full integration of the sexes." The INCL Brief is the quarterly newsmagazine of the American Bar Association's Section of Insurance, Negligence and Compensation Law (INCL). The changes being made at the law school level are reflected in the profession generally. Women are represented in increasing numbers at major law firms, and are becoming more visible in the public sector as well, Miller writes. In October 1971, 3. 7 per cent of assistant U.S. Attorneys were women. As of January 1977, that number had increased to 10.2 per cent. S. Sheperd Tate, immediate past president of the ABA, has urged women lawyers to become more involved by seeking leadership positions in bar associations, and current ABA President Leonard S. Janofsky has significantly increased the number of women appointed to ABA leadership roles this year. Miller reports that women have been sowewhat slow to become active in many of the ABA's sections, including INCL. Donald Haskell, INCL chairman, attributes this to the fact that women only have recently begun to practice law in areas that would lead to involvement in INCL. " Only in the last· few years has there been a significant increase in the numbers of women practicing in areas like products liability or fidelity and surety," Haskell explained. In an effort to bring more women into INCL leadership positions, Haskell recently appointed Atlanta lawyer Frank Mays Hull and New York University professor Shelia Birnbaum to INCL's Long Range Planning Committee, one of the section's most important committees. Miller reports that other women lawyers are active in INCL include Georgia lawyer Marilyn Winter, this year's chairman of the Energy Resources Law Committee, and several women now serving as vice-chairmen of their committees who will be considered for chairman positions of the future. In conclusiot:J. Miller quotes Tate: "Recent strides made by women in the legal profession are milestones of progress. The fact that strides have been made, however, should not serve as an excuse to maintain the status quo. There remains a distance to travel. ' ' Lamey stars at own show continued from page one Lamey and Waldron arrived at the cafeteria somewhat behind Fitzgerald, but not so far behind that Lamey couldn't see that Fi~zgerald took only one card. At that luncheon Lamey recalled that Fitzgerald had said "We at Loyola carry our own. You won't have to pay for anyone's lunch but your own." It was impossible to resist such recruiting tactics, Lamey sai<f. On a more serious note, Lamey asked that his testimonial be held out also to his teaching colleagues and to the school he served for 33 years. He noted that the dinner truly marked the end of an era: Lamey, "the last of the old timers," retires as the law school marks a new beginning in James F. Maguire Hall. Thirty years from now, or 50, Lamey promised, whenever alumni and friends of the law school gather together in testimonial to another faculty member, those then assembled will really be doing the same thing they were doing at his dinner-- affirming the dedication of the institution to academic excellence. The crowd, which had responded to Professor Lamey's every appearance at the podium with a itanditfg ovation, lept to their feet as one at the conclusion of his speech. Donald C. Shine presented Lamey with an engraved silver bowl on behalf of the Alumni Association. James Forkins presented his former colleague with a plaque on behalf of the law school. All the speakers saluted Lamey's services to his profession, to his teaching, and to his community, church and family. But it was all to no avail-- Lamey steadfastly refused to come out of retirement. It appears as if he is determined to get some mileage out of the fishing gear presented him by his Code sections two years ago. All the speakers at the testimonial dinner wis~ed Professor Lamey well. and a long and happy retirement-- sentiments that this publication is happy to echo. Michael E. Sammon, Vice President of the Alumni Association, and a 1965 law grad, served as Chairman of the event. Blackacre November 20, 1979 page three The Incredible Shrinking Dean, memo writer of distinction Dean~ memo deciphered Language scholars from all over the •nation were summoned by Blackacre to offer possible translations after a memo from Dean Murdock appeared in the September 11 issue of this paper in its unedited entirety. The experts. contacted differed over the details of the Dean's message, but close reading of the various reports submitted disclose a rough consensus whiCh we are now proud to publish, as a public service. All translators contacted agreed that the Dean was referring to the last week of classes in his now famous memo. The last week of classes, as you are perhaps aware, ends on Wednesday, December 5. Scholars have determined that what the Dean was t rying to communicate was that on that last Wednesday the Friday schedule of classes is to be observed. This explanation would seem to resolve the problems created by language in the memo to the effect that, that week only, Tuesdays are Thursdays and Wednesdays Fridays becuase legislative fudge days were needed to take into account the paucity of Saturdays under the new schedule. Apparantly the Dean felt the need to create such confusion in order to make up for days lost to the upcoming Thanksgiving holiday. According to this theory, on Monday, December 3, the Monday schedule of classes will be observed in order to make up for the day lost to the Labor Day holiday. · Thus. if you're still with us on this. the last Monday of the semester will be a Monday, which only makes sense; and the last Tuesday and Wednesday will be Thursday and Friday respect ively, which doesn't make any sense at all. What do Saturdays have to do with any of this you ask? Apparently the Dean felt constrained to explain why there are no classes this coming Saturday. Rather than make Thursday, December 6 a Saturday, the Dean chose to make Saturday, August 25 into Saturday, November 24. Anyway, don't worrv about it. Georgetown fellowship The International Law Institute will offer three graduate law fellowships involving study of the legal aspects of international business transactions during the 1980-81 academic year. These are (i) a fellowship made possible by a grant from the Bechtel Corporation for the development of curricula and training materials for seminars designed for developing country governments on investment negotiation and procurement. (ii) a research and writing fellowship under the Schulte zur Hausen program in which the fellow spends one year at the Institute in ._ Washington, D.C. and a second year at the sister institute in Frankfurt, Germany. (iii) a fellowship funded by the American Express Corporation, under which the fellow will assist in the research and writing of scholarly materials related to the Institute's projects and the updating of the revised edition of A Lawyer's Guide to International Business Transactions, published by the Joint Committee on Continuing Professional Education of the American Law Institute and the· Amf?rican Bar Association. All fellows receive an LL.M degree from Georgetown University Law Center upon satisfaction completion of their work, normally after two years. Fellows who spend their entire two years in Washington must complete, in addition to their Institute research, 12 credit hours of course work ·during that time. The Schulte zur Hausen fellow must complete 12 credit hours during his year in Washington, and will do additional research and-or course work while in Germany. Each graduate fellow will receive university fees, tuition, and a monthly stipend, all totalling $10,000 per year while in Washington, D.C.; the fellow proceeding to Germany under the Schulte zur Hausen program will receive a stipend while in Germany. The Institute also pays the cost of German language instruction, if needed by the fellow, and round trip air fare to Germany. A high level of German language proficiency is a requirement for eligibility for this fe11owship. Applicants for fe11owships must have an LL.B-J.D. degree from an accredited U.S. law school and must meet the admissions requirements of the Graduate School of the Law Center. Applicants who wish to take a bar examination should do so prior to beginning the fellowship on August 15, 1980. I Applications should be1 obtained in sufficient time to allow for their submissions with letters of recommendation by December 31, 1979. The selection process will be completed within a reasonable time thereafter. Requests for applications should indicate the fellowship being applied for and should be submitted to: The International Law Institute Georgetown University Law Center 600 New Jersey Ave., NW Washington, D.C. 20001 Attn: Graduate Fellowship Applications .• • Blackacre November 20, 19-79 page four Two new programs give inside look at how lOw works by Jack Leyhane A program designed to put first year law students in touch on an informal basis with practicing attorneys, in order that students may gain some inkling as to what the practice of law entails is in the final planning stages. according to Professor Allen E. Shoenberger. Schoenberger, who is developing the program with the aid of Assistant Dean James J. Faught. said the goal of the program, called the Student Career Program. is to give students "more of an overview of the profession and their relationship to it." Shoenberger and Faught both emphasized that the program ·is not intended to place students in jobs and that the contacts .are not supposed to be job interviews. A letter to alumni will be prepared by Faught and Shoenberger, probably in January, soliciting volunteers among the alumni willing to donate an hour or so of their time to a one-to-one meeting with a first year student. and the structure of the program will depend, Faught said, on the availability and the willingness of alumni volunteers. Shoenberger expressed optimism about the program noting that the alumni have been a "great resource and very helpful at various points in the past," as perhap~ most dramatically indicated in the recent past by the generous response of alumni to requests for funds for the new building. "The more contact the alumni have with the school, the better it is for the students and the school." Shoen berger added. Volunteers will be matched up on a "pretty much random basis" with interested students, Shoen}?erger said, saying it would be sort of a "first-come , first-serve kind of thing." Shoenberger said the program out to give a student a first look at the law ''from the inside" with no stress because the student will not be looking for a job and therefore not have to guard his or her questions . Faught said the program will expose students to ''the types of commitment they will be expected to make to the profession, as well as relieve some of the mostly unnecessary anxieties about the practice of law." More information about the Student Career Program will be forthcomin~ next There will be .no set format for these contacts. Faught has suggested it take the form of a luncheon meeting, or an hour or so an afternoon in the attorney's office so a student can see how an office works. A volunteer might even be willing to let a student follow him or her through at least -~art of a morning court call. The success ~--~ Scene from recent ABA Litigation Sectim• FaU Meeting held at Maguire Hall · The Associates. The Ro~rt J. CQrboy Memorial Courtroom Loyola benefactor Philip H. Corboy is currently Clfairman of the ABA 's Litigation Section ABA Litigation Section offers students their ''Day in Court'' The American Bar Association's Section of Litigation is also offering a program designed to give students a clsoer look at how lawyers function in the real world, according to Loyola ABA Law Student Division Representative Tom Stanfa (3D). The program, called " A Day in Court," is being offered on a pilot basis to law students in the Chicago, San Francisco, Minneapolis-St. Paul and Dallas areas, Stanfa said. The purpose of the program is to introduce law students to the mechanics, procedure and strategy of the trial, according to Stanfa. To date, 37 attorneys volunteered their service to the program. Stanfa said a list of those attorneys will be posted on the ABALSD bulletin board on the first floor of the law school, and added that copies ofthe list will be distributed in the law school soon. All students are eligible to participate whether they are ABA-LSD members or not. A student wishing to observe part of all of a trial is to contact one of the 37 volunteer attorneys. The program is not limited to attendance at trials, but can include motion calls, depositions and other pretrial proceedings, arbitrations, labor hearings and related proceedings, .etc. Participating attorneys have been asked to provide students with a brief introduction to the general background of the litigation to be observed and it is suggested that attorneys also debrief students afterwards and answer their questions. Questions about the "Day in Court" program should be directed to Tom Stanfa (761-1337). Those young lawyer blues? Few rookies pull33 thou Two Wall Street law firms have offered 1980 graduates $33,000 to start and firms in Houston and Washington, D.C. may soon follow suit, according to the fifth annual salary survey in Student Lawyer. James Kilmer of the executive search firm of Kilmer and Associates, who conducts the annual salary surveys says, . "In these markets there continues to be tremendous competition .for the so-called Brahmins .(super stars). It is much-like a salary poker game in · w~ich th~ firms constantly raise ~he ante for the Mictiigan ·coif or the· Harvard cum laude.',. However, au is not rosy for · othe( new ·graduates .or for·young associates, Kilmer found. First, the· inilated salaries of the ~e\V ·~ociates are n~· being;passe4 along te associates "·hired in the last· few' .year's; :_ cau~ing 1'\igh · ~oover and ~or~e ~prob- . tems. · ' , · Second, inflatiQn has outp~ed the saJ,ary gains of 85 percent of the legal .~unitY.: Thrnt, there is a growing gap in the :wages ·· between ttie few top.lawyers and the Other 85 per C:ent hired. "This sal~cy ~ap is · widening steadily, and the · l~al caste system : is becoming more and . ~ore . entrenched," IQlmer writes. Kilmer says that the price paid· for the high wages by the individuals who receive them is also high. ··'Lawyers from prominent law fKms are enjoying almost obscene wages, but in many cases are working six and seven days a week for this money. They are also earning it by depriving themselves of sleep, social and family life, exercise, and sometimes, even their peace of mind." Most Loyola graduates will not have to worry about their peace fo mind being threatened by obscene wages. The Student Lawyer survey says the average · starting salary i.n a Chicago non-patent law firm is st7,SOO. Some firms apparently offet as little as $1<2,000; the highest offers are coming in af$27 ,oOO from the .prestige firms. · . · · · . Patent firms· are currently offenng be~n Sl7~22;000 · to start. Rookie lawyers. in the ~-·non-patent corporation" · '. ¥ea weigh in between· S12.000 ana . · ~23,500;· in the ~·patent corporation" area, . first- year attorn~ys dt:ag down between .16.5 aitd $25,000, accOrding to the survey. . · . · And summer. . associates in Chicago · ·. (where?) supposedly rake in an-average of S400 a week and··as much as·S4SO a week, , .the surVey cl,aims. Kilmer offers this . advice to new graduates: "The way to bea-t tlie system is still to establish a legal name for yourself in your community. Set up .shop yourself or in partnership with others and 'make rain'-bring in the business. More and inore firms consider 'rainmaking' the major criterion for choosing managing or senior partners." The article also includes a rundown of salaries paid recent graduates and first, second and thrid year associates in Atlanta, Boston, Cincinnati, Cleveland, Dallas, Detroit, Houston, Los Angeles, Miami-Orlando-Tampa, Milwaukee, Minneapolis, New York, Philadelphia, Phoenix, Pittsburgh, Saint Louis, San Francisco and Washington, D.C. Wagner entries due tomorrow Interested students have. until tomorrow, Wednesday, November .21, .to submit letters of intent to enter the Wagner Labor Law Moot Court -Competition, sponsored· by New York University's School -of Law. A writing sample -must be submitted : witli '(be letter of ·intent. Contact th!! Moot Coilrt Board for details. _ . . Accordiug to Professor P. Kevin Connelly. wbo will coach the two· two-per~n teams chosen for the New Yo~ trip; letters of intent should state any labor backgr~ un.d, course work in appellate advoc~tcy, or experience .in any of the various moot c:Ourt competitions, if any. · A brief written for the Wagner competition two years ago will be made available for inspection in the library by Monday, . November 26. Persons interested in entering the competition will need to examine the brief because, on December 3, potential candidates will be asked to give short (about 10 minutes, Connelly estimated) arguments oft the brief before a p_anel of . judges that · wiU include ConrieUy, · Profes5or Chiisti:Re Cooper and MOOt Court Board' member Jane Heuker .{3D). . · Acwtding to ConneUy. ~is P'-oel_will ioai:e · the ultimate-"'Sd~ob ·])f. !#.§Ia' s ' .f~lir entrants~··~sect ·-bn~ . .tJHi:'~tetteJ! of intent, - the Writing : ':Sa.~ples. • ~'nd,., the l;)ecembeJ; .3 arguments.-" Students selected for the ooinpetifion, to ~ held in the early spring . will receive two hours 'of .credit for their · efforts: · Briefs written for the competition must be submitted by January 28. ' Heuker called Coach Connelly the Vipce Lombardi of Labor Law Moot Court. Connelly admitte4, "I intend to win . I am intensely competitive. I almost strangled some . people over a Scrabble board recently." . · Blackacre ·November 20, 1979 "page five Tortoise and hare fable updated in court 32 Illinois Derisions 542 Octopus Holding Company. Inc. v. Swift, Kleehn & Simple ,. ~ --- / -- . _.-· / . / / ) c,~ / . ~ . \ I --- ( \ Appellate Court of Illinois, 6th Dist. ( // ~ \._--) November 20, 1979 ~- _, / DUMN, J. Octopus Holding Company, Inc. was sued in 1978 by PeeWee Widget Corporation for unfair competition in trying to corner the microprocessor widget market. Octopus retained the law firm of Swift, Kleehn & Simple to defend it. The case went to trial with unprecedented speed and a judgement was entered against Octopus for $10,000,000 and Octopus was pen:nanently enjoined from continuing its activities . Octopu,s then sued Swift for legal malpractice. .,._.' ;/ / // ~ ·,/ / / .- 0.009 by Michael Poulos The complaint alleged that Swift fa iled to follow accepted legal practice by not delaying the case and permitting the original action to go to trial years before it was necessary. As a result, Octopus had to pay the judgement substantially earlier than would normally have been necessary, entitling it to interest for that period. The complaint did not allege any other deficiency in Swift's handling of the case. At trial it was found that Swift had done (or failed to do) the following: (1) Swift· did not request a single continuance, and objected strongly when plaintiff requested continuances; (2) Swift answered plaintiffs interrogatories promptly and fully except for several to which it objected. Plaintiffs did not pursue the objectionable interrogatories; (3) Swift filed only one set of _interrogatories containing only 65 questions; · (4) Swift took depositions at the first possible opportunity. and the depositions only lasted one week; (5) Swift recommended settling with plaintiffs, but Octopus decided not to; (6) Aside from the extraordinary speed of the litigation, Swift's representation was of the highest caliber, and Octopus would have lost no matter how long the delay; (7) Even so, the prompt conclusion of the litigation cost Octopus $1,000,000 more than it would have had there been a 10 year delay. The trial court, however, commending Swift for its refusal to engage in dilatory tactics and its contribution to the administration of justice, ruied again~t Octopus and' gave judgement for Swift despite its findings that Octopus suffered damage as a result of Swift's representation. We reverse. Our system of justice is governed by various rules designed to assure fairness to all parties. When a lawyer fails to take advantage of the rules, he deprives his client ·of the full benefit of the law. Certainly_ paying a large judgement years before it would be otherwise necessary damages a client to a very large extent. The plaintiff is interested in a speedy trial while the defendant hopes to delay. Their respective advocates must strive for these extremes. Only then will the trial be held at the proper time. . In fact, we think it a prima facie case of legal malpractice for a defense lawyer to fail to ask for a single continuance. For many defendants, Octopus seemingly among them, delay is the only effective defense. To fail to delay is-to deprive one's client of a defense provided by law, and this is clearly a miscarriage of justice. Furthermore, Swift's discovery techniques decreased the cost of the initial litigation. We realize that Swift thought it was helping the administration of justice by saving its client, its opponent, and the taxpayers money. However, cost is a major deterrent to litigation. To lower cost will encourage more law suits further clogging the dockets. Swift cites many passages in the Code of Professional Responsibility supposedly justifying limits on the zeal with which clients must be represented, particularly DR 7-101 (A) permitting acceeding to reasonable requests of the opponent, avoiding offensive tactics, etc. These, however, are overshadowed by the preliminary admonition that "A lawyer shall not intentionally. fail to seek the lawful objectives of his client through reasonably Dean Murdock refused to nveal-tlre bar exam results from other schools, even whert the crusading editors pictured above bought a round. {photo by Rick Murray! -- available means permitted by law." Delay was a lawful objective of Octopus, and the law permits innumerable means to delay. In any event, we are not inclined to give much weight to the Code of Professional Responsibility because it is a rather nonsensical document inconsistent with our system of justice. For example, Canon 9 states, "A lawyer should avoid even the appearance of professional impropriety." This is probably unconstitutional. A criminai defendant cannot be convicted because he appears to be guilty. Something more is needed, such as his being an unemployed black male between the ages of 18 and -35. Appellate courts have no time for questions -of appearance. We are only concerned with the questions of who did what to whom and does the law provide a remedy for it. Here Swift, Kle'ehn & Simple failed to delay a lawsuit resulting in L-a substantial. loss to their client. This deprived their client of the full benefit of our system of justice. In oral argument, Swift posed a hypothetical question: Hone's opponent bribes the judge must one bribe the judge as well? We prefer to reserve judgement on this question until presented with a case more on point. The decision of the Circuit Court is REVERSED. LACKEY. J. concurs. /NDIGNENT. J., dissenting. I think it outrageous that an appellant can get away with bribing only two judges on the panel. All money taken under the bench should be pooled and distributed equally. I also believe we should rule on defendant Swift's hypothetical. Ifall parties bribe the judge then the judge can reach an impartial decision and the cause of justice will be furthered. Confidential bar exam results give LU reason for confidence In the last issue of this newspaper, Dean ·Additionally, the Times reported, 524 Murdock revealed that 96 percent of th~ graduates of out-of-state law schools sat for Loyola students who sat for the July Bar the exam. Of these, 469, or 90 percent, Exam were ~warded passing grades. passed. . At that time Murdock said he could not . .Ja~es Warren a~d ·~n J . Kell~: disclose how other students from other ·.·authors of the Sun-l','l'!'~S Law Memo schools fared on the exam because that-: cotumn, in whi~h ~e ~sutts _ a,ppe~d, . information is regarded as confidential. ·--: ·:·.were il~parently mtn~ued br_ the relative~Y . That ipformati1)n is no longer a secret.',. ;tt~r performance of ?~r -neighbor _to the : The taw Memo column in the Monday;._:.·· East, Northwestern. , . . . Movember . ll ~itio~s of the Chica~., · · . ~e a~cle .quoted, ~Y.i~.S- Rt,uler, D_~ . . Sun:T.u.e~· revealed the performance$ -pf ,:. - ~ N?~este_m 4.,.-:.~1. -as sayt~ •. . , .all n.inef>!itmois taw schools. . ·::. . ;· .t:;~;.,We ~ a national ·~: .~ ~d ~o~.t- . For .ttWse of you who have forst·" · · :~- an . effort tp_. .~ ~ots . taw. : newspapers ·u8 til semester·_ brealr, .>1;·~ause. ofthat pohc~, th~. baraam ~y . restdts :(in the' ·«4er the . Times p · ' ·.·~. -~u.se our ~tu~ent5 not_~ il~ .as ~B. , them) are as 'follows: . _.:. -· ,· ~ doesn ~ e~tPJ~· .Northvi~em 5 · · • · • • . 4, " · • relatively poot performance as OOD)p&red ~o Uriiv of Chgo Loyola .· Univ of lll John Marshall Southern DePaul. · Kent ·Pas:;;ed Faded Percetft\,. th. ,.,,_ :.f. 1 · ·~ ·~ .;.>:Ofiar; law 66 3 96 ~.- . ·;. . e "'·"er Sc• proc ati?~ . . n._ . . 178 8 96 · . 1··: s~ool in·t~wn. the Umverst.ty of·(lucago. 143 10 93 . · :B~f.,it strre explai~s l.Qyola 5--pe~-orm.ance l92 !8 _91 . be~se.we are.drilled ~nstantly~ ~mute 48 8 86 .p~ of IllinoiS law, ~ght? ~11~ •. 187 33 85 .- :.-~. . . 138 26 84 . :AJ:;·:·. ·,:. ~-t~;~*~;~l~;~ml~ll~;~&~'Bl,?.l~;;1 Northwestern 101 22 82 ·):: . :. ' 63 54 54 :;. !;=·:. N1U (Lewis) · <-•:N ;. · , < .-. ' ~ ~: . • • •1 ' •• ~. . Blackacre November 20, 1979 page six Coneheads stumble by Nancy A. Lyon All teams in Block II were eagerly anticipating the outcome of the Conehead (2D) - Common Scolds confrontation, which took place last Friday, Hovember 16. Kathy McGinnis' Conehead aggregation was the only tea~ with an unsullied record going into that clash, after Dave Hambourger's Yoho & Zekman (3D) suffered defeat at the hands of a tough Hung Jury (1D) team last Thursday. "If we had LuAnn (Ellison). we wouldhave won today,'' said Scott Nelson (2D) of the Coneheads. "We played well the first game, but fell apart for the rest of the match, even though Megan Buckingham played her heart out.'' The Coneheads won the first game, 15-7, bu-t lost the next two by identical 15-9 tallies. · It must have been a disappointment to the top-notch Conehead team. Friday's match marked only the second time this season the Cpneheads have had to play all three games that comprise a match. They usually dispatch their opponent in only two games. Yes, the first loss is always the toughest. The play-offs in Block II promise to be exciting, as there are currently three strong law school teams with only one loss apiece. Besides the Coneheads, Hung Jury and Yoho & Zekman have also tasted defeat but once also-- so far. And with top Conehead reserve Kathy McGinnis, about to come off the disabled list ready to go, look out! The second scheduled match Friday pitted (Andrichik's) Donahue (3D) against the Scramblers. All awaited the return of Sue Berkun (3D) of Donahue fame, who has finally recovered from a serious illness that had her bed-ridden for a week. It was useless, however-- Ken Andrichik and Drew Eichner of Donahue were the only two players from either team to show up. "Kenny and I pulled it out in the end, though," said Eichner. Finally, a classic match-up between two third year teams was on the schedule: Fishheads v. Bread or Crackers? The Fishheads took the match in two games: 16-14 and 15-8, dumping Bread or Crackers? in the soup. It was a good match, however, with some tough net play. One of Jim Parker's (3D) spikes knocked the lenses right out of Rich Reizen's (3D) glasses. Fortunately, no one was hurt, but Reizen was still spinning at the conclusion of the match. With the playoffs approaching, the Fishheads look ready, especially Maureen Dahlke, who came up with some key saves. Watch for the playoff schedule. fr()li£! SUA 11()1iclct-, fl()lit= fficlcl-,~ ~()"~rni)~f J() l-1clll ()f '"iff()(§ ()~()f~t()wll festl,.,cll £~ ~ /,./ S:()() () ·'"· (ell I NOTICE The SBA is looking for some people who would like to earn a few bucks at the AALS Faculty Recruiting Conference at the Hyatt Regency O'Hare Friday, November 30 and Saturday December 1. Placement Director Susan Vonder Heide should be contacted for details. SBA Saturday Night Luv by Maureen Dahlke The first annual SBA Gala Tennis affair, Saturday Night Luv, was a resounding success as over 100 students, faculty, spouses and friends jammed the Tam Tennis Club in suburban Niles last week. Racket enthusiasts of all shapes, sizes and. playing abilities were drawn by the thrill of competition, the promise of exciting tournament action, and, of course, free beer. At least two out of three were delivered. The anxiously anticipated final match between Larry Kalevitch and John Donahue unfortunately never did 'take place due to Larry the K's recurring back injury. Although he claims that the injury was a result of a rough basketball game several weeks ago, the professor was not pressed for. the actual sordid details. The end result was J.D.'s being named the Tennis Tourney 'Chump'. The fans were not disappointed though as Deans Bud Murdock and Jim Faught captivated all in attendance with their superior tennis performance while defeating Donahue and partner Sharon Sullivan in an exhibition match. Despite the curiously unethical strategy of having Donahue serve twice in a row which was attempted by the students, Bud and Faught held on to win a close match 10-8, and finished without a 'hair out of place'. In the locker room, Rob Cushing attempted to create a totally coed atmosphere when he discovered that the men's and women's whirlpools wer.: right next door to one another. He splashed water under the partition and while down on his knees, peering beneath the door exclaimed, "Hey, Karen Dorff is wearing a blue bikini, but Nancy Lyon isn't wearing anything at all! . Meanwhile Jay Denenberg and Ken Andrichik had a royal battle on the racquetball courts. Ken is still recovering from the beating he took from Jay . Free beer, pizza, and pop went over big all evening. Five pizzas were left over but Dwight Campbell assured all that 'Little Mo' Doyle would have no problem dow11ing whatever was left. Steve Hogroian, who showed up minus . racket and shorts could not be distracted from the nursery all evening. Steve teetered while Nancy Tuohy tottered, and then they both disappeared for the remainder of the evening (??) . Tennis tournament hopefuls who lost during the competition, Hollis Webster; Vytas Ambutas, and Dave Cheeseburger returned to try to regain their dignity on the courts . Drew Eichner couldn't be pu.lled ·away from T.V. for the most part of the night-and. what an athlete! . Finally the evening provided some ofthe older married couples in the law school with the opportunity to get out and have a little fun. John and Ann Hosteny, ~eth and Larry Kerns, and Paul _and Sue Gunty were all seen pretending to be happily married during some fine mixed doubles matches. * * * Editor's note: 'The author of this article, Maureen Dahlke, although she hasn 't played tennis in over a year, also displayed excellent abilities on the court, as well as one of the best pairs of legs to be seen all niRht. --- ~ --- - - Blackacre November 20, 1979 page seven Son of Trivia: not just for literatii only by George and Jim Goodridge And now, B/ackacre 's second " Not a Trivia Contest''. Numerous people complained that the first contest posed literary questions that only a literature major could answer. So, the second contest will ask questions in the area of literature that a non-literature major shou[d be able to answer. Again. prizes will be a\\ arded. To the first place winner: $10. Five dollars will be awarded to the second place finisher. The contest will be evaluated like this: One point will be given for each question or part, except for the last question which is worth five points. There are 73 total points. On to the contest: 1. What author is the Snopes family associated with? 2. The nasty great white whale is the main character in what book? 3. What letter did Hestor Prine make famous? 4. George Smiley is associated with what author? 5. Who wrote the Rougon-Macquart novels? 6. The main character in The Trial is --- , and what was he accused of? (2 pts.) 7. A civil p::ocedure professor's dream, what Dickens book satirized a case that continued so long that no one knew what the issues were [and what was the name of the case]. (2 pts.] 8. In You Can't Go Home Again, where was it that Wolfe couldn't go home to? 9. Charles Dickens created many memorable characters; match the following characters to their books [there are two extra books to make it more interesting). [8 pts.] a) Uriah Heep 1) Mystery of Edwin ·Drood b) Artful Dodger 2) Hard Times c) Silas Wegg 3) David Copperfield d) Madame La Farge 4) Dombey & Son e) Little Nell S) Tale of Two Cities f) Sargent B~zfuz 6) Oliver Twist g) Sissy Jupe 7) Old Curiosity Shop h) Pip 8) Pickwick Papers 9) Great Expectations 10) Our Mutual Friend 10) How many tales were told by the pilgrims in the Tabard lnn? 11) What was Catch-22? 12) In what three Shakespearean plays did the character Falstaff appear? [J pts.] 13) Somerset Maugham wrote a novel about Paul Gaugin but he didn't call his main character Paul Gaugin. What was his name and the name of the book? [2 pts.] 14) Who accompanied Huck Finn on his trip? 15) What irritating nervous habit did Captain Queeg have? 16) In what literary works would you find[ 7 pts.] a) Ursula and Gudrun Brangwen b) Beatrice and Benedick c) Andrei Bolkonsky and Natasha Rostov d) ·Rosalind and Orlando e) Lennie and George f) Oberon and Titania g) Portia and Shylock 17) What famous adventure story was launched at the Admiral Benbow Inn? 18) Who was the main character in The Last Hurrah? 19) Call me Ishmael, but what was the harpoon thrower's name? · 20) What was the name of the parish in Last Catholic in America? 21) Who was Dante's guide to Hell? 22) How did the protagonist die in each of the following and who was the dirty culprit in each case? (12 /Jts. ): a) All the King's Men b) Nostromo c) Claudius the God d) Heart of Darkness e) From Here to Eternity f) For Whom the Bell Tolls 23) What sport did the Updike hero, Rabbit Angstrom, play? 24) Leopold Bloom was the central figure in Joyce's Ulysses. Who is the young man he rescues like a good samaritan? 25) What was the name of Papa Hemingway's first novel? 26) Where was the golden land the Joad family was heading for (and in what book]? (2 pts.) 27) Who is the Renaissance figure who is taken to be the real author of Shakespeare's plays? 28) The Glass family was the fictional creation of what living, albeit reclusive, author. Who? all photos this issue by Rick Murray • 29) Father Flye served as father confessor for the writer of Let Us Now Praise Famous Men. Who is that author? 30) "Everything always happens at parties" is a famous quote from which English novelist? 31) Though many Shakespearean plays deal with the theme of love, only one has the word 'love' in the title. Name that play. 32) What were the alliterative titles of two of Jane Austen's novels? (2 pts.] 33) In what literary work would you find- [4 pts.] a) Heathcliff and Catharine b) Tom and Daisy Buchanan c) Scarlet and Rhett d) Yossarian and Wintergreen 34) In what country is The Power and the Glory set? 35) And last but certainly not least, for five points, What was Voltaire's real name? (If you know this one you've been reading too much). Tie Breaker: Who was the Widow Capet? Oass operas into neW karma, kinks and nasties Civil Procedure [Amaker] In a sudden departure from the Socratic Method, Professor Amaker abruptly switched to Buddist meditation. The students willingly accepted the challenge, bleating such time-honored karmas and mantras as "what if.what if . ", "Rule 12(b)(6) . Rule 12(b)(6) . ", and "local v. transitory . local v. transitory . ". Amaker urged his pupils to search their inner selves, but some die-hards refused to get the message. Mike "Super-Duper Man" Blazer even brought his own bed of nails to lie upon, purchased at a paltry sum from an upperclassman. Property [Curtin) After a victorious weekend of tail-gating at THE GAA-fE, Professor Curtin returned to Loyola. only to find his students trapped in the advanced stages of narcolepsy. Alarmed by the epidemic, Curtin decided that his class needed a vacation. He promptly chartered a Mexican Airlines flight to Paradise Island for a weekend slumber party at the Club Med. To raise funds for the excursion, Lawrence "Tweedle- Dee" Weiner and Allen "TweedleDum'' Glass will host a bake sale at Banyan's. Deb Elder will conduct a rummage sale of ProSe odds and ends next Saturday at the Civic Center. Arnie Rubens will contribute his earnings from his daily solicitation efforts at O'Hare Airport. Legal Wrici11g I The Silm Fei11] Student5 erected a shrine around the first floor xerox machine in abeisance to Mr. Bob Doyle and Ms. Nancy Tuohy. commemorating the bygone er a when legal research was fun -and cheap. 1 Peerless Leader Ted Machnik and his semi-retired vestal virgins vigilantly attend the sacrifi - cia! fires, burning upperclass tutors in daily offerings. Unfortunately, the smoke has yet to rise . Crimi11al Law (Norton] Finally fulfilling a childhood dream, Mr. Norton has skipped town and headed for the glittering lights of Broadway to join the cast of Sweeney Todd. Before his departure, the star-struck professor modestly affirmed rumours that he was also writing his own stageplay, entitled Nasties and Kinks. Choreographer Jeanine Doyle and ex-mobster Nicholas Kritikos are co-authoring the play with Norton. During Norton's sabbatical, Dr. Schwartz will teach a comprehensive Sut:·vey of the Justianian Code. Contracts [Kalevitch) Mr. Kalevitch sauntered into class Monday, and immediately announced that his class was going to secede from Loyola for the next six months to protest the cancellation of Kalevitch' s Pol'tuguese Adventure. Mendy "Just Drifted Off" Pozin hurriedly presented Kalevitch with a tri-corn hat. -as the class earnestly hummed their national anthem. But the secessation was delayed for ten minutes; however, while everyone waited patiently for Erin " Yum-Yum" O'Connell to make her late entrance again with her usual flair. Torts [Appen J ustice Holmes spun in his grave when Larry Elster rhumbaed into class with Carmen Miranda. Dozens of Chiquita bananas cavorted around the couple, munificently choreographed by Busby Berkeley. Even a jar of Gerber's Baby Banana Mush was seen toddling after the ensemble, escorted by Steve Lewis. Blackacre November 20, 1979 page eight Budweise LAGER BEER https://www.luc.edu/archives
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