1978, April 11: Blackacre
title:
Blackacre: 1978, April 11
creator:
School of Law
date:
1978-04-11
description:
Student newspaper of the School of Law.
description:
-----~-- ='* Loyola University of Chicago School of Law Apri/11, 1978 Judicial Inquiry Board's role at issue Short hair cuts, discarded bottles and cans, and a judge's probation orders may have changed the course of judicial discipline in Dlinois. These elements woven within the context of a judge's decisions over a span of two years, formed the basis for a disciplinary action against the judge. The discipJ.irl.ary action was later reviewed by . the Dlinois Supreme Court. This review may have cost the state's judicial disci-· plinary process its independence. The judge was Samuel G.· Harrod m from the 11th judicial circuit in Dlinois. by Brian ADen Judge Harrod's orders sentenced some defendants in his courtroom to obtain short haircuts, others to collect discarded botJ ties and cans along roads, and still others to surrender their driver's licenses to the clerk of the court in return for a probation card which was to be carried with them at all times. The Dlinois Inquiry Board took exceJr tion to the judge's actions. On July 30, 1976 the Board filed a complaint against the j.udge alleging misconduct. The Board itself is only part of the judicial discipline machinery established in Illinois under the 1970 constitution. Judicial discipline in the state is enforced with a two-tiered structure. A nine member Inquiry Board; which c.onsists of three lawyers, four non-lawyers and two judges, serves as the first tier. The Board exists in order to conduct investigations, receive or initiate complaints against a judge, and file any such complaints with the Illinois Courts Commission. The Board has procedural rule making authority, granted to it by the Constitution. Pursuant to this power the Board adopted a rule which provided that the Board would not be limited to the Sup. Ct. Rules of Conduct for Judges in deciding whether to initiate a complaint. The Courts Cornmissiom has authority to decide guilt or innocence. The 5-member Courts Commission is composed entirely of judges. The Commission is permanently convened to hear complaints filed by the Board. When the Board files a complaint the charges are tried de novo in a public hearing. The Board serves as the prosecutor of the charges. The Commission acts as arbiter and enters appropriate orders imposing discipline where necessary. In the case of Judge Harrod the order filed by the Cour'..s Commission detailed some of the· instances where his alleged misconduct took place. It was found that since 1975 Judge Harrod ordered defendants in 26 cases to get short hair cuts. In one of those cases the defendant was charged with the traffic violation of failing to signal when required. After being found guilty this defendant was ordered to jail for three days and directed to obtain a short haircut before noon the same day. After getting the haircut the defendant's jail sentence was reduced by Judge Harrod to one day. A two year probation period was added to the sentence. As a condition to probation the def~dant was ordered to keep his personal appearance approved by the probation officer. Other cases where haircut orders were entered by Judge Harrod involved the transportation of open alcohol, speeding, leaving the scene of an accident, and drunk driving. The Commission found that in 15 cases since 1975 Judge Harrod required defendants sentenced to probation or conditional discharge, to surrender their driver's license to the probation officerThe officer would then issue a certificate to the defendant explaining his probationary status. Judge Harrod said he adopted this procedure at the suggestion of the local probation officer. Finally in the bottle and can cases, Judge Harrod ordered several defendants to pick up 250 discarded cans. In each of these instances the defendant was convicted of illegal transportation of open alcohol. The Courts Commission decided on December 3, 1976 that Judge Harrod, by entering these orders was guilty of judicial misconduct and was suspended for 30 days without pay. Judge Harrod disagreed with this ruling and petitioned to the Illinois Supreme Court for mandamus. The petition was granted. Three points were argued before the Supreme Court. First the Supreme Court's authority to decide the case was questioned. The 1970 Illinois Constitution provides that decisions of the Courts Commission shall be final. The Judicial Inquiry Board argued that this p~mptea the possibilicy of Supreme Court Review. Secondly the scope of proceedings before the Courts Commission was argued. Judge Harrod's position was that only conduct proscJibed by the Supreme Court Rules could be the subject of a complaint before the Commission. The Board argued that ... no conduct which it considered to be in violation of standards set out in the sion. The Court ruled that it bad authority to review constitutional or jurisdictional challenges to decisions of the Commission. The Court limited the scope of disciplinary action before the Commission to its own rules of conduct. The Court also held that the Commission could not interpret statutes involved in discipline cases but can only apply determined law. The Judicial Inquiry Board viewed the~ Harrod decision as an extraordinary misreading of constitutional language. . . " However, William J. Harte, attorney for Judge Harrod, said be was happy with the decision. "It means just two things," Harte said. First the judicial lnquicy Board must confine itself to the Constitution. Secondly, in order to charge a judge with misconduct the Board must charge him within the Supreme Court standards. "The Supreme Court determines what the law is," Harte said. "Now the Supreme Court has spoken and we as lawyers must adhere to those decisions." As an aftermath of Harrod, the Judicial Inquiry Board fears for its independence from Supreme Court control. '~s an aftermath of Harrod, the Judicial Inquiry Board fears for its independence from Supreme Court control. " constitution could serve as the basis for · action before the Commission. Finally the issue of the Commission's power to interpret the law involved in discipline cases was argued. Judge Harrod contended that a state probation statute gave him authority to enter his orders. Up to the point of his Commission hearing the statute had not been interpreted by a state court. The Commission argued it could interpret the statute to determine whether Judge Harrod's orders were indeed within the law as he alleged. Judge Harrod said only authorized courts should interpret such statutes. The Supreme Court on November 30, 1977 reversed the decision of the Commis- "The Board and the Courts Commission would be greatly hampered to have to bring judicial misconduct cases within the four corners of the Supreme Court Rules," said the President of the Board, Frank Greenberg. The biggest question right now, according to Greenberg, is what can be done to mitigate the damage. caused by Harrod. "I suggest an integration of the American Bar Association Rules with the Supreme Court Rules," Greenberg said. Harte disagrees. "The Board is a fact finding body," be said. "They're supposed to determine only if judges are guilty of misconduct. They're not hamstrung by Harrod." . New head librarian named after five month vacancy BY Mary Kay Kelly Mr. Bob Doyle has arrived from California to be the driving force behind the library's new direction as Head librarian. Mr. Doyle will fill the position that has been vacant since the resignation of Mr. Alfred Kulys in Octobex: . Prior to his acceptance of the Loyola position, Mr. Doyle spent six years as the Reference librarian in charge of Public Services at Bolt Hall, the University of California at Berkely. Bolt Hall has 1,000 law stud~nts and the University's library collection includes 375,000 volumes (as compared to Loyola's present 83,000). The library served the needs of many Bay area practicing attorneys as well as the needs of the entire undergraduate Berkely student body. Mr. Doyle, who has a J.D. and a masters degree in Library Science, knows the art of teaching legal research as he often conducted seminars on the topic for unindoctrinated. ~erkely undergrads. Candidates for SBA offices, see pages 4-6 Changes made in teacher-course evaluati~., see page 7 .I .. . .. . . Mr. Doyle's experience in law libraries also inCludes work outside the academic setting. For 5 years he was court librarian for the Middlesex County Court, Massachusets. In retrospect, he says the position was too much like a "caretaker of the books"-practicing lawyers and judges generally know exactly what they want even though they could use a little help. Mr. Doyle has found he enjoys working with students where he is given an opportunity to be more helpful. Before his position as court librarian; Mr. Doyle spent twelve years at the Harvard Law School. He started at the lower rungs of the Harvard staff, as a page, and by the time he left for bigger things he was assistant to the For~ign Law librarian. During his later years at Harvard Mr. Doyle earned his law degree going at nights to the New England School of Law. Last year, while at Bolt Hall, Mr. Doyle received an offer to return to Harvard as Reference Librarian. However, he had already heard of an alluring opportunity at Loyola Law School in Chicago. Loyola law professor, Nina Appel had meanwhile heard of this law library star and through various coptacts including a Stanford Law Professor and a Harvard Law librarian, I I I Loyola made Bob Doyle an offer be could not refuse. Mr. Doyle has no great transformations in store for the library in its present state. He plans to reorganize the law library's acquisitions procedures and feels the library's collection could be built retrospectively- filling in with omitted volumes and purchasing more copies of frequently used books. Conceding there is little that can be done with a law library whose collection is rather arbitrarily strung out on four floors, Mr. Doyle looks ahead to the planning of the new library. He says he is pleased with the architects' design for the new building although be did have certain dreams which could not practically be realized. What will be occupying much of his time until the actual move to the new building is where the books will actually be placed on the shelves. Mr. Doyle sees the present staff of the library as a great .asset, especially in working toward his high hopes for the library's future. He would like to see Loyola's library as a place people enjoy using and a place that is run effectively. ... After aU" he said, "the library is practically a law student's home for three years and it should be made as comfortable as possible." IDill&lCD) €U\CDlli' m ) ~ D)rn!'(])llilli\JL~ Changing of the gtWrd After several months of careful screening and exhaustive research into the character and fitness of hundreds of candidates, the-1977-78 Blackacre editorial board is pleased to announce that it has found an elite corps of journalists and scholars to which it can entrust the next volume of Blackacre. At the helm next year will be second year day student H. Thomas Lenz. Serving Blackacre this year as news editor, Lenz has had a solid background in student publications. In 1974-.75 he was co-editor-in chief _of the Loyola Phoenix and in 1973-74 he served as sports for The Heights at Boston College. He has also written articles which have appeared in Loyola Today. A six year vetran of ,,Loyola., Lenz has a good grasp on the operation of the university at large as well as the day to day workings of the law school. In addition, Lenz has maintained contact with the editorial staff of the phoenix upon whom Blackacre depends so much for production equipment and special assistance. As Blackacre developes more and more from a one man invention nurtured by necessity on a mimeograph machine, into a well staffed semi-consistent tabloid newspaper, the time is ripe for a person with Lenz's knowledge and ability to shape its potential into the fine publication which the law school deserves. Assisting Lenz are two other former Phoenix editors who will replace Brian Allen as Forum editors. First year day stUdents, Phil Zuk.owsky and Jack Leyhane have logged thousands of inches of noteworthy prose in the Phoenix and other publications. Law students may remember the study on merit selection of judges which they co-authored for Blackacre this year. Leyhane (who served as president of the Loyola Student Government Association last year) and Zuk.owsky also have a great deal of time invested in Loyola and have a considerable amount of insight to offer in terms of the law school's relationship with the University. Replacing fea.tures editor Shelley Smith, will be Michael Poulis who graced Blackacre this year with his regular column, Sec . . 009 and numerous cartoons. Poulis has a good eye for the arts and a sharp wit which will help him make Blackacre a suitable diversion from the drudgeries of law school. Also with a long association with Loyola is Christopher E .K. Pfannkuche who will replace Leslie Robbins as managing editor. Pfannkuche 10, who served as the Chairman of the Loyola Student Activities Board in 1976-77 has the organizational skills to convert the operations of Blackacre from a hallway to newsprint operation into a well developed house organ. Pfannkuche has consistantly contributed to Blackacre this year with such reports as his investigation on the constitutional foundation of the law school committee structure, as well as his regular SBA updates. Finally, filling the shoes of Production editor Mark Belokon, will be first year day student Richard Kimnach. _ - Before enrolling in law school, Kimnach worked in the real world as associate editor of the Illiana Spirit and as editor-in -chief of the Iroquois County Daily Times Republic. Kimnach has such versatile skills that many times this year he has written, edited and typeset stories which exactly fit the dimensions of an empty space simultaneously. The professional touch which he brings to Blackacre's production process should be just the thing to intergrate the talents of the Editorial Board into an appealing product. We_ feel tha~ Blackacre has .come a long way since David Gilbert took It upo~ ~se~ to create It from scratch eight years ago. Each Y~ a~ thiS tune It has gone through unsure transitions, always veiled m. the mystery of wh~ther it will last another year. Somehow thoug~, It manages .to s~ve and at times to grow. The grit and tenacity of people like Gilbert, Charlie Amato Jim Faught Mike McClaren and Peggy Scanlan have seen to th~t. ' ·Never before, however, has Blackacre faced such .. a prortlising future. The numbe_r of eminently qualified editors for next year outnumbers the entrre Blackacre staff of 1976, without respect tc the number of ·Contributers who will return next year. · We believe that this reflects on the progress of the entire law school. The . .S BA, CWI, ABALSD ' and PAD have related similar expen ences m terms of spontaneous organizational development. We hope that the selection of these editors will result in the continued spirit of involvment and cooperation which is beginning to make the law school a better place to learn. BKW illiL~CDm£CDffiiE l:3~4\YFIF FEATURES EDITOR SHELLY SMITH NEWS EDITORS MARY K AY KELLY. TOM LENZ EDITOR ~ IN ~ CHIEF BERNIE WE ILER PHOTO EDITOR J UDY FORS I • FORUM EDITOR BRIAN ALLEN PRODUCTION EDITOR MARK BELOKON CONTRIBUTORS: ,. RICHARD KIMNACH* GENNY O'TOOLE* JERRY LARKIN* JERRY TATAR* ANDY SCHLIEPER* CHRIS_ SBAnotes V eeck to speak on May 2nd By Christopher E.K. Pfannkuche SPEAKERS - On Tuesday, May 2, Bill Veeck, owner of the Chicago White Sox, will talk on the issue of player contracts and otJ!er legal aspects of the sports world. Roger Simons, a rulltzer rn,ze winner with his articles on South Africa, is also tentatively scheduled to speak. SBA ELECTIONS - The Student . Bar Association will be conducting its executive board elections this week. Students will be chosen from among a field of 15 candidates for the positions of President, Vice President, Secretary, and Treasurer. ' The voting table will be on the first floor of the library. Voting hours will be: Tuesday - 4-11, 5-7:15; Wednesday - 12-1, 5-9; Thursday -11-2, 5-7:15. For a summary of the platfonn of each candidate see the full article in this issue. CALENDAR CHANGE - The proposed calendar change which was defeated in the recent SBA Referendum was brought up at the Faculty Council meeting for discussion. A compromise schedule was iliscussed, which may go into effect in the fall of 1979. The proposal has been submitted to the Academic Standards Committee. No decision will be made until after the ABA annual convention in August in New York where a proposal will be introduced to decrease the minimum class requirement from 15 weeks to 14 weeks by including one of the two weeks of final exams to fulfill the requirements. BLOOD DRIVE II - SBA will be sponsoring a second blood drive on Wednesday, May 3. Sixty more pints are needed to attain the quota whereby everyone in the law school and their immediate family would be covered in case of a necessary transfusion. Even if this quota is not attained, everyone who donates blood will still be covered individually. Also, anyone who donated blood in the last drive is eligible to donate again since the minimum 8-week period has elapsed. CTA DISCOUNT PASSES - No progress has been made on making available discount CTA passes to law students. The CTA has been stalling negotiations and the latest word is that SBA will try and get them for the month of May. BOATTRIP-SBA is sponsoring a boat trip on Lake Michigan on Friday, June 9th, for graduating seniors. The atmosphere of the evening will be that of a floating casino. The boat trip will cost approximately $5.00 per person. Th~ trip will be open to the entire student body, but seniors and guests will receive ticket priority. Seniors will be notified of further details by mail. DOORS INSTALLED IN LIBRARY- Two new doors have been installed on the second and third floors of the library to filter out noise from the outside corrider, offices and stairwells. The glass doors were installed last Thursday and Friday at a cost of $1122. Special thanks goes to Dean Murdock for getting the work done, Dean Matre for ·appromg it, and Bob Michiels, Building Superintendent. BAKKE PANEL - The Bakke Panel will not be held this school year, but is tentatively scheduled for the fall. The reason for the postponement is that most of the qualified speakers have filed Amicus Curiae briefs in the case and are not willing to speak on the issue before the decision comes out later this year. FILM-LAW PRACTICE - " How to Start and Build a Law Practice", a film based on a book by Jay Foonberg, will be shown on Tuesday, April 11, at 5:00 pm in the Regis Room. Following the film an ABA-LSD life insurance program will be presented. SOFTBALL AND GOLF TOURNAMENTS - A softball to~ent and golf tournament are in the planning stages, coordinated by Bill McCraken. The tentatively scheduled date for the golf tournament will be May 6, the Saturday after the last day of classes. Watch for further details. STUDENT-FACULTY MIXERS - There will be three more student-faculty mixers between now and the end of the year. The first one will be on Wednesday, April12, in the Student Lounge. It will be held from 8:30 am - 10:30 am. A reception for nights students will be held on Wednesday, April 19, in the Georgetown Room. This mixer is. tentatively scheduled from 5:30 ·-8:30pm. Finally, an end-of-the-year general mixer is tentatively scheduled for Thursday, May 4, in the Georgetown Room from U pm for all students. Refreshments will include beer, hot dogs, potato chips and soft drinks. JUNE GRADUATION- Graduation will be held Sunday, June 11th, at the Chicago : Marriott... O'Hare. Ticket price for the ceremony ~nd dinner will be approximately $12.50. Further details will be sent by mail. THE SBA would 1ike to offer the following students its heartfelt thanks for their faithful performance of a critical but thankless task; filling the coke machine. Thank you Larry Krupp, Debbie Masken, Jerry Tatar, Bill Kelley, Don Haley, Tom Connelly and Tom Giger. PFANNKUCHE* JACK DONATELLI* LESLIE ROBBINS L-------------------------------------·-·~·~"-·-· -· -· ·-·-·-· -· -· -· ·---·-· -· ~~·-·-·-· -·-·. · L----------------------------------------------------------------------~ BLACKACRE PAGE. THREE • , • I. A set of irrational proposals for irrational meetings By Tom Lenz Yet another meeting with the architects will be held in the near future to re-evaluate the proposed plans for the new law school. Due to the general lack of results at the last one, there will be several changes in the fonnat of the meeting. Chief among these changes will be a contest prior to the meeting in which a referee will be chosen. The requirements for entrance in this contest are very basic. All entrants must be short, walk funny, and wear goofy hats. Since nearly all the faculty are eligible competition is expected to be fierce. The winner will be provided with a gong, so as to make sure that any logically sound suggestions never reach the floor at this meeting. Anyone receiving two gongs at the meeting will be thrown out, and forced to take Judge Duff's Profes~ional Responsibility course . before graduation. Besides conducting the meeting, the winner shall be responsible for the collection of proposals for discussion. Blackacre has received many proposals already. After considering them at length, we have selected these as being of greatest merit. Karl Wallenda memorial balance pole would be provided only after a presentation of a Loyola ID card. (The author of the proposal would like to thank Prof. Curtin for the inspiration.) 3.) The architects should be proviaed with pencils that have erasers. This proposal should be taken with a grain of salt, however, since it presumes that the architect$ will know one end from the other of these pencils, as well as other things. After all, the architects told students how much it took to move just one wall which had nothing to do with the support of the building. · 4.) H better security cannot be provided for the women of the law school, pbasers should be issued to all women on the first day of class in their freshmen year. Iri order to acquaint them with the nuances of this weapon, a special three week hunting season will be proposed. During thiS period, Loyola women will be practicing up on those dangerous "mentally inferior" beasts that customarily haunt the bars and clinics of the area. Unconditional immunity will be provided to any woman injuring these menaces of society. In addition, immunity will be granted for the shooting of students and-or faculty members hit while in possession of a bottle of Thunderbird wine or Blatz beer. WeapollS must be :returned after a final J'blow out"at graduation'. · 5.) The size of the lockers must be changed. Instead of worrying about such trivial matters as textbooks and coats, the new design must conform to the specifications of a large ice chest, which will accompany the actual locker, and will be included in the rental fee. Ice will be provided in a nearby machine. Beverages are a student responsibility. The author of the proposal, Pat Keeley, of the firm of Keeley, Ryan & O'Connor will have distributorship rights to the new law school. ( Anote here: Pat does handle both Thunderbird and Blatz.) 6.) Any mention of student faculty receptions is out of order at this meeting. The sheer naivete of this idea is matched only by their lack of attendance by all concerned. Any }:iersOll proposing a reception as a solution shall be required to submit a 40 page paper on the subject "Do potholes have standing to sue in federal courts?" 7.) A tv camera at the front door does. not provide enough security. In the pursuance of a better legal education, as well as a concern for the law school, all students would have to memorize and be able te reeite sec.339 of Restatement (Second) of Torts. To gain entrance to the law school, the person must state sec. 339 verbatim into a small computer connected to a laser gun. Anyone failing this task will be immediately cinderized. While the mortality rate may be high at the start, the school's interest in the protection of the glorious· prose of Justice Rehnquist far outweighs th loss of life. Furthermore, the laser can be used to zap any person attempting to steal one of Loyola's innumerable volumes. The books will be equipped with a lead shield so that the person at the front desk can retrieve them when the ashes are swept up. This technique succeeded at Loyola's North Shore Campus. It has also cut the population of the Jesuit Residence in half. As per usual, reaction to these suggestions should be given to your 'sba reps. Remember, your voice at these meetings is not important. Pablum and warm milk 1.) Rename the law school Mongol, will be served. and give Dean Murdock the title of Emperor. With a c leanly shaven head and the addition of a goatee and a high-backed collar, Dean Murdock could qualify for the nickname "Ming." Students would be more receptive to his edicts, all of which would be captured on videotape. With a slight change in wardrobe, Prof. Appel could be Princess Oona. Unico-Owens Spring fling stePS out April 29th 1a.) Should this first proposal fail, the alternative is a simple request that when the Dean (Emperor) speaks, the lips of the University administration may not move. Considering how long it takes to master ventriloquism, the author of this proposal states that if this cannot be accomplished in the time remaining before the meeting, then at least the strings be painted to blend into the background. 2.) In keeping with this motif, the current proposal of having secretaries guard the entrance to the faculty floor should be scrapped. Instead, a piranha pool could be constructed at the entrance. Any student desiring entrance could tip toe over the pool on a warped 2" x 4". The The Unico-Owens Songfest- Spring Fling is set to be flung according to Committee Chairperson Jane Heuker. The Evening which features a student produced cabaret and a versatile dance band is scheduled to commence at 7:00 on Saturday, April 29th in the Georgetown Room of the Marquette Genter. Bartenders will begin to pour at the open bar at 7: 00 pm giving revelers a chance to settle into the entertainment which will commence at 7:30. A special intravenous station will be available for first year legal writing students who will be delivering their oral arguments earlier that day. At 7:30 the Unico-Owens Songfest will commence with some of Loyola's finest talent presenting a mixture of music, live comedy and multi-media nonsense. Students will perform on two special stages designed to provide continuity between performances and hopefully to eleviate some of the distracting scene changes which contributed to the quasichaotic character of last year's songfest. Tables and chairs will also be provided for the audience during this portion .of the evening. Since student performers will be spending a great deal of time preparing for this event the Spring Fling Committee asks that courtesy be shown them by prompt arrival and the payment of a modicum of attention. In return the committee provides a "highly professional show". For those who are new to the Unicoowens concept the name was derived from a popular case on Commercial Paper where in a woman was juked into purchasing a subscription to a record club which Calendar change proposal sent to committee Jerry Larkin . . The Faculty Council, confronted with its fullest agenda of the year, met on March 15, and during two hours of deliberations, acted on four major issues: the calendar change referendum; the hiring of a faculty applicant; a proposal by Barry Barnett that all students in the Fall 1977 fBmily law classes be given a pass-fail optioh; and joint degree programs. Bill Kelley and Jerry Larkin presented for discussion only the student calendar change data and the arguments for and ag~t the proposed ''pr~ calendal:.'' Some faculty opposed the early start ('August 16) of such a calendar. In responSe; •other faculty opined that the long breaks built into our present calendar may be unneces~ and encourage students to delay their studying until those breaks, possibly pointiQg to a compromise which would accomodate the evening students, day students, arltl;faculty. The faculty sent the cal~r change issue to the Academic Standards··committee, so that some compromise may. be devised. One possible solution, for example, scheduling reading and exam· periods of one and one-half weeks before Labor Day. One possible problem is an ABA interpretation which may require the Law School to have 15 weeks of class instead of the current 14 week requirement. The Academic Standards Committee is to report back to the faculty early next fall. The faculty also voted to extend an offer of full-time faculty position to Ms. Karen MacKay which she subsequently. accepted. The faculty unanimously rejected a proposal, introduced by Barry Barnett, that all students in the family law course be given the opportunity to elect a pass-fail option. During the grading process 20 per cent of the examinations were lost, provoking the controversy which led to this proposal. The faculty approved in principle joint degree programs with the Loyola School of Social Work and the Department of Political Science. After a brief discussion of faculty salaries, the faculty adjourned. FLAPJA W,S SALOON LTD • ·" ~~ 810 North Wabash Flapjaw's BiU-of Fare Below Bobby's Beef 112 & 114 lb. POWld Burgers with your choice of American or s~ cheese. Steak sandwich and Brats SPECIAL-SPECIAL-SPECIAL *Saturday nights 8 P·M· till closing Giant Busch .40C Pitcher $1.50 ., , ,.,.,, _, • 'Lr, - .. - -.- . . ----.- - -- .. .... - - - offered a free hifidelity record player to new subscribers. She signed a promissory note which was later assigned to a holder in due course. Mrs. Owens never got her records or the hi fi; only the bill from the H.D.C. who of course takes free and clear of all defenses. During a discussion of the equities of the situation one morning, one student succinctly volunteered, "Hey man, the chick never got her sounds right? Obviously something should be done about it." Hence for Ms. Owens and thousands like her, Loyola law students present the second annual Unico v. Ownes Songfest. At 9:30 dance floor will be cleared and from another stage a versatile dance band will play for three additional hours. Also involved in the spring scheme is the Least We Can Do benefit for Unicef. One dollar out of each admission will be allocated to Loyola's annual contribution to Unicef. Jim Faught one of the founders of the Least We Can Do concept will be on hand with a special alumnus contribution to the Songfest. Ticket prices will be set between $3.50 and $4.00 which will include the Songfest and open bar and dancing. If anyone wishes to become involved with either entertainment, refreshments, decorations or production management should contact either Jane Heuker or Bernie Weiler by leaving a message oln the Student message board or calling them at their home numbers listed in the student directory. Molins speaks on foreign t•n vestrnent Marcel J . Molins of the law firm Baker & McKenzie spoke to a Law School audience on "Foreign Investment in Spain and Latin America" on Thursday, AprilS, 1978. Mr. Molins received a J.D. from Loyola in 1966 and is a member of the bar associations of Barcelona and Madrid (in addition to the Chicago and Illinois bar associations.:. The speech was sponsored by Prof. Jose Garcia-Reyes of the modern languages department and Prof. Thomas M. Haney of the law school in connection with their course in Advanced Legal and Business Spanish. After Mr. Molins' speech there was a reception at which Mr. Molins spoke informally in Spanish as well as in•English with the members of the audience about his subject. BLACKACRE PAGE FOUR Krupp, Reilly, Tatar seek Presidency James Reilly Unlike many other student government organizations the Student Bar Association has the capability to play a significant role in the inner workings of Loyola. The SBA's accomplistunents this Jerry Tatar The position of President of the SBA is a · demanding one. I would like to share with you the reasons why I feel that I am well qualified to be your choice for the position. My background is as an administrator, having a Master's Degree in Social Service Administration from the University of Chicago. For over three years I was the administrator of a major social service agency. Planning programs, working with committees, employees, and a half-million dollar budget have given me strong administrative skills. While working on my MaS:. ter's Degree I was a· member of the Stu· dent-Faculty Committee and was chosen to be President of the Student Government. During my undergraduate years at Knox College, I was also active in student government and studentfaculty committees. Throughout my school years, I have developed the ability to articulate the desires of my fellow students, plan and organize creative programs, confront the school administration when necessary. and compromise when proper. In recognitipn of my work, the students at Knox voted me an award as the member of the · Senior class wlw will be most valuable to his fellow human beings. Here at the Law School, I have bee·~ very active as an SBA representative. Having l:!een both a full-time night student and a full-time day student, I have been in a unique position to understand the concerns and needs that we all share. During the past year, the SBA has made great strides in articulating these needs. At student initiative, a grade review procedure has been implemented. Now, we must ensure that, in practice, these procedures accomplish what we want them to. Students have protested the year exceedt!d those of the prevwus administration because interested people got involved. I believe I can honestly say I was, and will continue to be, one of those people. The· functions of the SBA break down into two separate but interrelated categories. One is the advocacy of students' interests before the Dean and the university at large . . The other is primarily social. My emphasis this year has been on the latter. A simple listing of the social activitieS I have originated or conducted will illustrate the type of program I support: Student-faculty mixers (semesters 1&2); Student-faculty coffee breaks with free rolls; St. Patrick's Day pre-parade party; Night student hot dogs and beer reception; and the Christ.- faculty-course evaluation form as being inaccurate and difficult to decipher. A new form, which I developed, will be utilized this semester and should clear up the student needs. Decisions are still being made by the administration without proper student input. The recent meeting with the architects for the new school is a prime example. The SBA, and the / President in particular, must work to keep an open line of communication with the administration, confront when necessary, but, more importantly, continually present student views in a constructive manner. During the past two years, I have been establishing these lines of communication. I have been working with Loyola's Treasurer and the Vice-President for Finance in developing a system to allow law students to pay tuition in installments rather than the burdensome full-payment system currently in effect. I have worked with the Deans of the Law School on class scheduling, the new faculty-course evaluation, and many · other projects. Most recently, the SBA and the Dean chose me to be the Law School's representative to the upcoming Illinois State Bar Association's Longe-Range Planning Conference. In the comming year, many important mas-Chanukka party. My interest:> are not restricted to the chiefly social aspects of the law school. Currently I am working on the renovation of the student lounge and the funding for the new orientation handbook. In addition my idea of providing change for the photocopiers at the circulation was implemented. It may seem trivial now, but the problem of getting change last year was one of the students' major complaints. I offer these past accomplistunents to show that I have tlie capacity for hard work and innovation required of an SBA president. My interest in the presidency is genuine. I intend to perform the duties competently and conscientiously. There are many new programs and policies I would like to see implemented. Among them is a new calendar, amenable to the night students, that schedules finals before Christmas. A permanent commit-tee should be established to provide f~r social activities so that no surplus funds are left merely from a lack of ideas or a lack of volunteers, as happened last year. Each freshman could be provided with a senior student advisor· to help in course selection upon the completion of the first year as well as general counseling. A coffee urn c~uld be set up in the lounge to provide free coffee similar to the system at Northwestern Law Library. All of the programs of the SBA, both present and proposed, require more than an active president. They require a willingness by many students to perform tasks which often provide little reward other than self-satisfaction. The potential exists for our bar association to provide more services to its members. The achievement of that potential is si>lely within your hands. LarryKmpp April in Chicago means baseball, sunny days, and Student Bar Association elections. I am a candidate for SBA President. This past year, I served as a second-year day representative. Being a member of the SBA Representative Assembly, I have had the opportunity to observe and be a part of the inner workings of SBA. Many ideas, suggestions, and proposals came to the assembly during the school year. These ideas · were presented by the SBA Executive Board, the SBA representatives, and the members of the student body. Some of the suggestions could be handled in a few minutes; others took weeks of planning and meeting before appropriate action could be taken. It is the President of the SBA, as the chief executive officer, who must see that each and every idea develops fully. It is the President who must work harder than the other members of the SBA, in order to insure that the organization operates smoothly. The ideas can, and will, come from many sources ... the lead_ ership must come from the President. SBA has worked effectively this past year in meeting the needs of you, the student body. However, even with its effectiveness, SBA has had some difficulties with its internal organization. Meetings were at times were announced with issues will confront us. Construction is scheduled to begin on the new school while many students are still concerned over portions of the design. We must be sure that we get what we want: not just a new facility, but one that meets our needs. At the same time, we must work during this next year to organize the transition to the new school so that there will be a minimum of disruption of classes and studying. The Academic Standards Committee will propose a revised school calendar in Septembe;-. While planning and implementing this, as the majority of students desire, we must be sure that night students, and others with concerns, have these concerns reflected in the new schedule. Many issues, some of which are foreseeable and we must plan for and others which are not now apparent but for which we must keep prepared and open to react to, will arise during the coming year. With my experience and ability, I believe that I can lead the SBA to be a significant voice in meeting students' varied needs and in the school decision-making process. I ask you to support my candidacy for President on Aprilll, 12, or 13. Thank you. only a day's notice. Then, most of the meeting time was taken for announcements. No business could be transacted before the evening representatives had to leave to attend class. SBA was not operating as effectively as possible. Another weakness in SBA has been the internal handling of money. Receipts from the Coke machine, a major source of SBA funds, are impossible to calculate, because .. .. no one person has the responsibility · of collecting the money. A complete set .of financial statements are not needed. However, a monthly lising of receipts and expenses should be posted for .the student body to see. This way every student would have tbe opportunity to see how SBA receives and spends its funds. There is more to being SBA President than just pledging to reorganize the SBA into a more effective and efficient group. One must make the commitment and accept the challenge that goes with being the chief executive officer of SBA. I began my commitment last summer when I was elected a representative. This year, I've worked hard on SBA projects. In addition to voting and submitting proposals, and working in the SBA office, I've done the non-glamorous chores such as filling the Coke machine, running change down to the circulation desk, and proof-reading parts of the student directory. I've spent a great deal of time for SBA, and I intend to keep right on spending as much time as necessary in order that the SBA continues to function for the benefit of the students. I now accept the challenge to lead Loyola Law School through its last year in the present building. The plans for our new law school are drawn, but there is still much to be done in order that the new school meets students' needs. This is a time when we need an agressive, dedicated, hard-working President for SBA. . . I can be that . President with your help, . 'ort, and vote. BLACKACRE PAGE FIVE Chambers, Heuker, Jeep, and Steinberg vie for VP Sue Chambers Markham Jeep I am a second year day student, 26 years old, married, and about to become a father. As an undergraduate I majored in political science and minored in history, economics, and international relations. In graduate school my major area of concentration was classical political philosophy and minor area was constitutional law. I served two years in Inter-Hall Council and one term as a Justice of the N.I.U. Student Association Supreme Court. In addition to receiving a research and teaching fellowship while in graduate school, I served as an academic advisor in the College of Liberal Arts and Sciences. My platform consists of two planks: 1) "fun and games" and 2) "the future of the school". I feel that one of the unique and invaluable qualities of the Law School is the sense of comaraderie and good fellowship which infuse both student and student-faculty relationships. Holiday parties and various organization mixers contribute to this atmosphere and will continue to be encouraged. However, inter-class relationships have not been adequately developed and I propose a series of SBA sponsored mixers to be held both on and off campus for the purpose of maintaining and developing the spirit of the Law School conununity. The second plank is one upon which I place greater emphasis. With the decisiol" to build a new facility the School has entered into a crucial stage of its history: We are now at the fark in the road where we can choose to go the way of regional and national prominence or continue as a In the furtherance of an informed selection ofSBA officers, Blackacre has provided all the candidates an opportunity to speak out. Blackacre encourages all students to utilize their privilege to vote. The ·words are those of the candidates, and do not reflect the editorial policy of Blackacre. Sue Chambers The presidential candidates have good ideas which could improve the SBA. However, while it is essential that creative "think" ~rsons be in positions of power, this is a talent that law students have never lacked. One major problem in all orgaruzations is' an overabundance of "think" persons and a lack of "workhorses". The vice president should be a workhorse. The by laws do not spell out the V.P. role, it has been left to the individual to decide how much work to devote to the task. More so than some of the other candidates for the job, I have the time to spend on SBA activities. I do not have outside time conflicts- I am not wcrking, or have children, both obligations which must divide the persons energies. Unlike those candidates who already have jobs which must come first, if I assume any future obligations, they will be secondary to my SBA commitments. Such full time devotion is essential for our SBA officers. Our president must have a cooperative vice president, willing to assist. One job I will do is make sure the president's creative ideas get molded into proposals. A problem at some of the meetings this year was a lack of proposals ready for voting, so that time was . wasted_ in discussions that had no direction. I, as V.P., can provide the' drafting wo:rk needed. This will free the president to concentrate on the overall organization. The SBA provided some needed services this year: selling stamps, setting up outings, instigating check cashing services- but a student, trying to obtain that information at the office sometimes found chaos instead of help. The office must be arranged so that when the person who organized the particular activity is not available, the information or service can still be dispersed. I am willing to do the work necessary to organize it. This is exactly the type of job which should be delegated to the VP. Last year the VP also performed another rewarding function-chief party organizer. He did an excellent job on the Christmas party, the White Sox excursion, Darrel Steinberg school which each year graduates top quality lawyers without receiving a reputation for le.gaf creativity. These qualities are, of course, largely symbolic and rooted in certain .intangibles. For example, last year Northwestern engaged Archibald Cox for a three day series of lectures addressing the recent history of the Equal Protection Clause. All sessions were well attended by legal scholars from the entire city. It is fair to consider these lectures a major event in the legal conununity. The SBA should provide the leadership necessary to seek funds and sponsors for this type of event at Loyola. Along these lines, I suggest expanding the currently sue-cessful speakers program by proposing symposium topics and providing substantial honorariums to attract recognized speakers to our new campus to address issues of broader social significance in addition to "practice problems". Of immediate concern, I pledge to personally undertake leadership in seeking a person of national prominence to dedicate the new Law School. Finally, I pledge to maintain the hard working attitude of the current SBA administration and to continue to work forcefully, yet in a spirit of cooperation with, the School Administration. (No Picture Available) Darrel Steinberg :1~lj1~llllllll~l~\l~~l~M~~~1~1111111l~~1li~~i1~1llll1~i~i~~~l11ill~1~1~1~Mt111l1~l~I1l1111I~i11l~l1~1111l~l1111li1l1\Il~1l111l\ I am a second year day student who takes itself as so important and then feel transferred from the night division frustrated when they believe the SBA can (traitor). I presently have two part time initiate change. I say the SBA needs to jobs; one as a legal researcher and realize that it cannot be taken seriously another as a law clerk. because the administration and faculty I want the job as vice president as a would never allow the SBA the power it chance to influence the SBA's general wants. This does not mean the SBA should philosophical outlook. The SBA takes not rock the boat or consider itself a itself too seriously. The faculty laughs at non-entity. Rather they should recognize the SBA causes of the year. (last year their position and try to move in courses in teacher evaluations and this year schedule which they can be effective and still retain change) Students wonder how the SBA their respect. JaneHeuker I am running for vice president of the SBA, and I would like to tell you about myself so you can make an informed choice. For seven years I was a teacher. During that time I wrote and appeared in 28 episodes of an education TV series and gave over 25 teacher workshops. During the past year I served as SBA rei>' resentative for my class. As a represen- St. Pats, and all the events. I heartily support this party role, and intend to do even more. Only about $800.00 was spent on parties this year, out of a near $3,000.00 SBA budget, yet the SBA carried over an · unappropriated surplus of student funds. This is our money, and rather than having future classes spend it, we should have the use of it. To help spend that money I will expand the speaker program, and organize even more parties, and one improvement I will immediately introduce will be an upgrade in the wine and more selection than Velveeta for cheeses. Parties play an integral part in the great atmosphere of this school, and I will see that they continue to do so. I want to be vice president. I will work hard, and I have the time to spend the extra hours necessary to keep this organization active and productive. Please vote for me so I can work for you. tative I served on the SBA faculty selection committee, helped organize the Holiday party, was responsible for publicizing SBA activities. I also aided in implementing several student-faculty mixers and silkscreened the St Patrick's day banners worn in the parade. Currently I am coodinating the Spring Fling (which is April 29, Georgetown Room Festivities start at 7:30. All Loyola Law students welcome!) and serving on the new catalogue committee. I view the function of the vice president· to be a coordinator of the SBA activities. The goal of the office is to foster a conununity feeling among the faculty and the students. As vice president I would assume responsibility for coordinating the freshman orientation, the SBA speaker's program, faculty-student mixers and other social functions including the Holiday Party and the Spring festivities. The most important concern of any SBA officer is to further the interest of the student body and to serve as an advocate for students' rights. I would enjoy such a challenge. My work experience, my previous SBA service and my personal enthusiasm have given me the necessary qualifications to be the 1978-79 SBA vice president. Thank: you for your support. ....... -... -- - BLACKACRE PAGE SIX Seven contend for secretary and treasurer posts Torn ==CmlneUy I am a first year day student and a Navy Lieutenant on active duty. The position I seek is both administrative and representative in nature. I possess the background and knowledge necessary to perfonn the administrative functions and have the time and ability to represent the diverse needs of the entire student body. In five years as a naval officer I held numerous and extensive administrative and mangerial positions. This year in the law school as SBA recording secretary I worked closely with all three candidates for President. In addition I am on the registration and scheduling committee and organized and directed the Lewis Towers Intramural volleyball league both semesters. My address this summer and next year is 809 N. Wabash (Flapjaws is 810) and since my military status precludes outside employment during the academic year I'll Ed ====Snow i'm running for treasurer in this week's election, and I urge you to vote for me. The most tangible asset I can bring to the job is my experience. At Boston College, where I majored in math, I was elected Treasurer of the Gold Key Society. The Key was the largest student club at school with a sizeable budget slightly under $10,000. With this experience, I see no problem in handling the fundamental tasks of this office. The more important challenges come in coordinating the energies of all the officers My name is Sue Gunty and I am running for Treasurer of The Student Bar Association. In my investigation of what this job entails, I found there is more to it than meetings once a week. It involves keeping track of funds and accounts and making sure that the activity fee money is spent wisely in terms of your needs as Loyola students. The job involves keeping the pop machine well stocked so that during the long hours of study, you students can wid a moment to relax with a coke. Perhaps the most time consuming but necessary duty of the treasurer is to coordinate the fall -and spring book sales making sure you Mark ===Regnick My name is Mark Resnik and I am running for Treasurer of the Student Bar Association. My scholastic background and activities have provided me with the experience necessary to serve in this position. I was an Accounting major at the University of Illinois and am now a member of the Illinois Society of Certified Public Accountants. In addition, I have served as the Finance Chairman, for Alpha Kappa Psi, a professional business fraternity and have done most of the basic accounting and record keeping which this job entails. Various other jobs and activities in which I've participated have I be available, with -the time to do the job right! • Finally, since my future employment ~ predetermined for a number of years I do not seek this position to improve a resume' but with a sincere desire to continue the momentum and improve upon the programs generated this year. Thank you for your support. into a united effort. Cooperation is the key word in working with fellow officers and students. I am prepared to give that cooperation. I would greatly apreciate the chance to contribute to the school and the students. But first I· need your v~te. Susan Gunty=== selling books get your money and you buying books save some money. I certainly feel I can handle the job. No part requires any special accounting background. I can write checks and balance a check book. I am interested in making sure that my activity money is spent well for my benefit as a student. I too enjoy a short break from studying and seek the comfort of a cold Tab. And finally, I feel capable of organizing and coordinating the book sale to the best of all our benefits. Basically I am a student who is willing to work hard for and with you. I would like this position so that I can be more involved with this school than I presently am. I am willing to give my time and talents to this positions next year. I look forward to being an advisor to the president of the SBA and to being your representative. Please give me your support. :./ •. .'!~~ • : .• ·.:: ~· t::.« ; ; ;:::1 greatly improved my ability to work with people and achieve objectives. I have talked with Tom Giger, the present treasurer of the Student Bar Assoc~tion, concerning his duties as treasurer and the operations of the office. For example, we discussed what the major Nan ==Black It doesn't take a lot of hard work to keep the minutes, handle correspondence, and make good coffee. Hard work, though, is exactly what it does take to be an effective board member of the SBA. Hard work, innovative ideas, a willingness to take responsibility. These are the qualities I would like to bring to the SBA as secretary. In college I was active in donn government and worked closely with the administration on a variety of campus projects. These undergraduate activities were the source of experiences that would help me add to the vitality and effectiveness of the SBA. Bigger and better SBA sponsored social activities are of course a must. How about some real booze to go with the wine and cheese at our wine and cheese parties? And more outings like the April White Sox game. Perhaps a school picnic? In a more philanthropic vein, why don't we have CPR (Cardiopulmonary Resuscitation) classes offered here once each year, free to all the students and faculty? We are entering, after all, a· rather stress filled profession . And to alleviate any fears that I may be showing a lack of concern for legitimate academic interests, l~t me assure you that Chris ===Starck I feel that there are some new policies and procedures which should be adopted. H I am elected, this is the way things will be done: In order to ask any questions of SBA reps. or hear SBA announcements it is .. prerequisite that the student either attend the SBA meeting or hear a tape thereof. All SBA minutes will be done by me on _;yideo tape and must be viewed in the LT Candy ===Casazza The office of treasurer is primarily one of responsibility rather than one of policy issues. A responsible treasurer is one with a willingness to take the time to satisfy the responsibility which the office demands. As SBA treasurer, I would possess that willingness. I was involved in student organizations at Denison University as the treasurer of Pi Sigma Alpha (political science honorary) and as a student senator in the campus government. I hope to continue this involvement here at Loyola as an SBA officer. sources of r evenues and expenses are for the SBA as well as their current banking practices. Finally, I feel that I am capable of handling the responsibilities of this office. if elected I will do everything I can to see that we get a clock on the second floor of the library. Seriously, I'd like to see the speaker program expanded. How about a panel discussion led by local attorneys and judges that would concern itself with career goals and opportunities in the field of law? I'd also like to encourage more lectures by faculty members on areas of law which are not the conventional sutr jects of classroom lectures. These are a few examples of what I hope will be a thoughtful and creative approach to leadership. I think we've got all the ·makings for a dynamic SBA next year. I want to be part of that effort and I ask your support. audio-visual room prior to each meeting. I have other commitments so meetings may have to be changed to between 6 and 8 a·.m. At least 12 hours notice will be given of this. These other commitments do pose some time constraints - I live at home so I have to cut the grass or do the dishes; I also have to clean up my room; I commute to school; I might get a job; I will be taking approximately 15 hours. I nonnally circumvent these problems by working extra hard, but problems will arise. I will work on the minutes from time to time, hopefully devoting large blocks of time to their preparation. But in no event should you expect the fall minutes before March 1. 1 realize in these situations excuses provide no solace, but I'm not about to apologize. I might be from 30-45 minutes late for every meeting as a matter of etiquette. Some suggestions for next year:Fall concert featuring Randy Newman singing ballads to the faculty. Volume discount on toupees for all of those connected with Loyola-to be run like the SBA stamp program, and perhaps even a used market to be run in conjunction with the book exchange. I'm running short on space so I will close with this little remark. H elected I will serve - but I will be disappointed in any student who votes for me on the basis of these tyrannical and audacious proposals. Isn't once enough? .... The effectiveness of the SBA has recently improved due to the leadership which has generated a greater student interest and involvement in SBA activities. As a result, SBA has become a successful forum for student ideas and an organization for the planning of social activities. Both functions are important as they increase student interaction and awareness. Next year, as treasurer, I would like to continue to increase this effectiveness and work towards a greater responsiveness to the needs of the students and the school. , , • • , , , • • , • r r & r' •••• I. •• BLACKACRE PAGE SEVEN . Tenant rights nearly non-existent in eviction courts By Leslie Robbins Last year 64,748 lawsuits seeking to evict persons from either their homes or from commercial premises were filed in the Cook County Circuit Court, First Municipal District. This figure represents 26.6 per cent of the total number of civil suits filed in the First Municipal District Court last year and marks an increase of over 6,000 evictions from the year 1976. The number of evictions filed per year in Chicago has increased by 40 per cent since 1970. Eviction suits threaten or result in the dislocation of over 250,000 people, about 8.3 per cent of the city's total population. Although these suits affect nearly every neighborhood in the city, the hardest hit are those communities whose residents are predominantly Black, Latino, or other minorities. . In 1976 the Legal Assistance foundation of Chicago, the National Lawyer's Guild, Chicago Chapter, and the Chicago Council of Lawyers undertook this study to inquire into the administration of justice in landlord-tenant court. By observing a large number of cases which passed through the eviction courts, the sponsors of the study sought to identify and analyze the practices of the parties and the court against the framework of Illinois law and procedure. The sponsoring organizations also sought to ascertain the extent to which the rights of defendants to raise defenses and to have full and fair trials were being safeguarded by the court. The data for this study was obtained by law student monitors who observed the two eviction courtrooms and collected data on the most common characteristics of each case, including rulings, defenses, dispositions and characteristics of the parties, such as race, sex and representation by counsel. The actual sample of cases upon which this study is based is 2,071 eviction cases, 1,125 of which were contested, and 956 of which were defaults. The major findings of the study include: 1) Tenants who appeared for trial (with or without counsel) lost their cases as often as tenants who filed appearances but failed to show up for trial. 2) Tenants who appeared and asserted a legal defepse were only slightly more likely to avoid a judgment for landlord than those who did not appear, or those who appeared, but failed to assert a defense. 3) Fewer than one third of the landlords appeared personally at trial, most being represented only by their attorneys. Unrepresented landlords, however, were as likely to win at trial as those who were represented. 4) Tenants won judgments for possession in about one per cent of the contested cases. Another eight per cent of the cases were dismissed by the court and landlords dropped another three per cent of the cases. 5) In virtually all contested cases the court did not require the landlord to put on the requisite prima facie case. In the vast majority of cases, when faced with a proper tenant defense, the court did not require the landlord to present any evidence in rebuttal. In 70 per cent of all cases, neither the landlord nor a competent witness in his behalf was present in court to testify. 6) When an unrepresented tenant presented a proper factual defense, the court consistently disregarded tenant tes.. timony and other proof. In most cases, judgment for the landlord was entered despite uncontradicted tenant testimony. 7) The most often alleged defense raised by tenants related to breach of the implied warranty of habitability by the landlord (substandard conditions violating the building code). Repeatedly, despite clear Illinois law, the court refused to consider these defenses, often ruling them not relevant to an eviction action. No tenant was awarded possession on the merits of these defenses. 8) The judge often ruled against the tenant despite finding a fatal defect in the notice of termination. The court frequently disposed of cases in a manner misleading or coercive to tenants. The study's ultimate finding is that the courtrooms are landlord's forums, designed and operated to serve landlords in the swift and summary retaking of possession, with little or no consideration given to the merits of their claims. The sponsors believe that the court imposes a wholly improper presumption that the landlord is entitled to possession, and the court's treatment of cases is calculated to achieve this end. In support of this proposition the study points to such court practices as excusing the landlord from making out a prima fq.cie case, rejecting tenants' legal defenses by improper rulings and relying on inadmissible representations and hearsay testimony from landlords' attorneys. The study further contends that this presumption has led to such abuses as plaintiff-landlords prevailing with no representative present, and dead attorneys and landlords prevailing when represented by a person unauthorized to practice law. Through publication of this study and the filing of a complaint to the Illinois Judicial Inquiry Board, the sponsors hope to generate both interim and long range reforms. In order to effect these, the sponsors urge the complete suspension of all eviction proceedings until the judges currently sitting are replaced by judges qualified to hear and objectively decide eviction cases. They also seek to expand the court call to allow .due consideration of each case, to create a new courtroom to hear cases in which substantive defenses are raised (which cannot be resolved without an evidentiary bearing) and to assign full time court reporters to all eviction courts. Intermediate reforms are urged that will modify Supreme Court Rule 101 so that the form summons can be redesigned to inform tenants of their right to appear, and of the defenses they may raise to the suit. The sponsors urge modification of the form complaint to require the landlord to state the facts constituting his grounds for eviction. All forms should include a Spanish translation. In addition, the sponsors demand free legal counsel for indigent tenants to be provided by the state or county, and that the Chicago Building Department be required to provide the parties with access to any building inspection reports concerning the premises, and to produce any such reports prior to trial without the service of subpoena or witness fee. The sponsors of the study also anticipate some long range reforms, necessary to redress the glaring deficiencies of the eviction courts, including specialized training in landlord-tenant law for presiding judges, comprehensive rules of pleading and practice for eviction proceedings, new affirmative plead,ing and proof obligations for landlords, as well as changes in the Landlord and Tenant Act, the Forcible Entry and Detainer Act, and the adoption of new Supreme Court Rules. Fonnat of teacher-course evaluation revamped Jerry Tatar In response to student concerns, Jerry · ratar and Jerry Larkin have changed the format, but not the basic content, of the teacher-course evaluation forms. This effort has been designed to meet two main criticisms of the old format. First, the separate answer sheet brought on some inadvertent errors thus making the data unreliable. Second, the results were difficult to report in any easily comprehensible manner. The new form, which will be distributed this semester. will have both the question and answer spaces next to each other on the same sheet. This should increase the r eliability of the data and be quicker and easier for students to fill out, not to mention that it will save half the paper as the old forms used. Additionally the questions seek a rating of characteristics on a 4 - 0 scale. This will allow an average score or " grade" to be computed and, therefore, results can be easily evaluated. While this format does suggest a "grade r ank" approach. the questions will elicit specific information which should aid students in future course selection. The content will be basically the same as the old evaluation with two exceptions. These exceptions will evaluate student response to the questions: Would you recommend this course to a fellow student? And would you take another course from this professor? This format will provide what the students expect from an evaluation (specific information on the course and professor ) and what the administration of the school wants (a clear evaluative aid). In addition, the page for general comments will be retained as it is an important opportunity for students to give anonymous but constructive criticism directly to the professor. The form will consist of 28 questions. In each, students will fill in the square of the number that most closely corresponds to their per ception of the particular course and professor. The specific instructions are brief and on the same form. Just as with the old format, the administration will retain the results of the first five questions for evaluative pur- Vote April11? 12, 13 r ... .., ... poses. The Student Bar Association will publish the results of the remaining questions. The anonymous general comment page will go directly to the professor. No data will be released to anyone, expecially professors, prior to all grades being submitted to the law school registrar. While both the SBA and the school administration encourage students to fill out the evaluation forms, students are not obligated to do so. It is asked that students do not harass those whose job it is to distribute the forms. If students or faculty have concerns with the purpose or format of the evaluation, they should express them either to the SBA or the school administration. Positive feedback will also be appreciated. Street law debuts at Waller Students at Waller High School are learning criminal law and some Loyola law students are learning about teaching. Monday, AprillO, marked the beginning of the Street Law program at Waller, which is located on the city's near noth side. Six law students will be teaching two classes of approximately 25 students each for a period of two weeks. Street Law is making it Chicago debut at Waller ; there are plans t o expand the program in the future to include several area high schools and involve more Loyola students. The idea of law students as teachers originated at Georgetown University in 1972. Since that time the program has grown to where it is now being taught in several states. The Street Law program at Loyola is under the supervision of Professor Schoenberger. The law students, not all of whom have had previous teaching experience, each receive one hour of credit for participating in the program. Hopefully Street Law taught as a full semester course dealing with diverse legal topics and offer ed at several high schoolS will become a reality in Chicago. At this early date all looks well for Street Law; the students at Waller High School appear enthusiastic and the law students definitely are. BLA(:KACRE PAGE EIGHT ABA _pushes for_ passage of crime bill Greenhalgh said that some of these changes and those urged by other groups are, in fact, revisions in the present law. The American Bar Association has recenUy urged Congress to move quickly to enact a federal criminal code bill. At House Judiciary subcommittee hearings, William Greenhalgh, chairperson of ABA's Criminal Justice Section Committee on Criminal Code Revision, voiced strong support for efforts t.o reform and codify the federal criminal code. "A rational and well-structured code can serve as the basis for substantial improvement in the administration of justice," Greenhalgh told committee members. "It is a fundamental basis for improving the constitutional efficiency of the criminal justice system and insuring the effective and fair enforcement of criminal laws," be said. Greenhalgh added that clearly formulated criminal statutes are "essential to foster public confidence in the administration of justice." Greenhalgh stressed the need to enact the proposed legislation this year. Noting that the ABA disagrees with some provisions in the pending legislation, "We would urge as an overriding rule that processing of the legislation should not be stalled by efforts to change current law," he said. Further, he suggested that Congress not address such controversial issues as gun control and obscenity in the context of the code bill. Greenhalgh took issue, however, with preventive detention provisions in the Senate version of the legislation. They would permit a denial of pretrial release to individuals charged with certain serious crimes when the judge determines they would pose a continuing danger to the community, and would be changing current law. " Aside from the cost to the public when large numbers of defendants are unnecessarily detained, a preventive.detention statute flies in the face of the presumption of innocence," he charged. The ABA's policy, he explained, specifically disavows use of preventive detention. Only some legitimate purpose of the criminal process, such as prevention of flight, would justify detention before conviction, be said. "At the heart of the problem is the inherent difficulty in making predictions of dangerousness with sufficient accuracy," he said. He asked committee members how the court could identify those defendants so likely to commit additional offenses that they must be detained: Quoting an ABA report Greenhalgh said, ''Doubts would be resolved in favor of detention, and inevitably more defendants would be detained than necessary. The errors would not be discovered because each detention would involve a self-fulfilling prophecy - no detained defendant would commit crimes while released." Greenhalgh also disputed a provision to allow special grand juries to report on any misconduct of both appointed and elected public officials. He said it was too broad, and expansion of the provision to elected officials offers an "unbounded opportunity" for getting rid of officials for political reasons. "The taint of such reports - even if unfounded- can be bard to erase when an official must face re-election," he explained. Provisions in the Senate version on sexual assault, Greenhalgh said, are a great improvement over current law, and follow the trend to remove the special burdens on the victim in rape cases. Greenhalgh applauded provisions to provide compensation to victims of federal crimes and urged the House committee to expand the provision to provide federal funds to support state victim compensation programs. He also expressed support for provisions in the Senate version to insure that a convicted felon, after having been out of prison three years, cannot be denied employment by a federal agency unless a relationship of rational risk exists between the job sought and the crime he or she has committed. Article calls ethics code (;treamre trove of platitudes' An article in the February American Bar Association Journal describes the legal profession's Code of Professional Responsibility as a "treasure trove of platitudes" that bas nothing to do with legal ethics as actually enforced by the courts and bar associations. In the article, "The Myth of Legal Ethics," New York r -; J ·lawyer Eric Schnapper contends that ~.J /di§ci'plinary proceedings are almost ex~~ ·~·~~vely limited to three abuses: attor- • neys who steal funds from their clients, attorneys who accept fees but fail to pursue their clients' cases, and lawyers who commit felonies. "One searches in vain for a lawyer disciplined for failing to give free legal assistance to the indigent; for failing to disclose legal precedent contrary to his client's interests; for misrepresenting facts to judges, juries or opposing counsel; or for using political office or conections to attract clients, although the frequency of these occurances is common knowledge," Schnapper writes. "The code sets wondrous standards beyond the reach of most mortals," be said. "As enforced, it is intended soley, and somewhat erratically, to protect the few individuals rich enough to hire a lawyer from misconduct, although not from incompetence." Schnapper, who practices with a public interest law firm in New York City, said the legal community apparently was surprised by the misconduct of lawyers involved in Watergate. "Both the QUblic opinion polls and our own . experience, however, tell us that the public probably was not the least surprised to find a group of lawyers up to their ears in unethical or illegal activity," ·Schnapper said. "On the contrary, samplings reveal that now, as in the past, the publis regards lawyers as among the least trustworthy of people. Lawyers are often viewed as clever and devious people who, using all sorts of technicalities and double talk, trich honest working men and women out of their bard-earned money and property" Schnapper said ''lawyering is within the A look at Spanish Civil Law By Liz Pendzich One of the new courses being offered at Loyola this spring is Spanish and Latin American Civil Law. The course which consists of a series of readings in Spanish, is a study of various aspects of civil law. The class which meets twice a week for 1 and 1h hours and carries three credits, pass-fail is conducted by Prof. Jose Garcia-Reyes of the Modern Language Department at Loyola University. Prof. Tom Haney attends the classes and helps to clarify some legal points. of difference between civil and common law. Two years of college Spanish is prerequisite. Short quizzes are given biweekly. Because the course is conducted as a seminar Prof. Garcia-Reyes feels that fHI students is an ideal class size. Several initial classes consist of a grammar review and introductory readings designed to refresh the students' reading ability in Spanish. The fifteen readings which follow are reprints of recent articles from the InterAmerican Law Review, (Revista Juridica Interamericana) which is a bilingual legal journal. The articles cover wide-rangei . topics such as labor legislation in Venezuela, conditional sales contracts in Argentina, and the Spanish Parliament and National Council. At the beginning of the semester each student received a copy of the articles, in Spanish, and a glossary of essential legal terms. . For each class students must prepare from 10-15 pages of text- i.e., be prepared to summarize and discuss the material read. Since Prof. Garcia-Reyes places an emphasis on comprehension of the material and assimilation oflegal terminology oftbe civil law, he allows students to express themselves in which ever language they feel most comfortable. ~ aim is t~ e.~~e that when faced with documents in Spanish in the future, the student will be able to understand 85-90 percent of the material before him. · In addition to the prepared materials, Prof. Garcia-Reyes consistently brings interesting supplementary materials to class. These have ranged from a copy of a " private" sales contract (a c::oncept dif. ferent from that of a privatt: ...ales contract in the United States), a copy of the Spanish Work Charter, which is part of the Franco Constitution of Spain, and even a copy in Spanish, of the fundamental law of the U.S.S.R. -Outside· speakers include Sr. Marcel Molins, a partner with Baker and McKenzie who bas a Spanish law degree as well as a J .D. from Loyola. Professor Garcia-Reyes comes to Loyola from Barcelona via Vanderbilt University in Nashville where be earned a Ph.D in Spanish Literature and pursued a side interest in the law. He taught the same course at Vanderbilt Law School for two years. Although be is not an attorney, Garcia-Reyes has a particular interest in both common and civil law, and consequently is extremely knowledgeable in the subject matter. The course is an excellent addition to the law school curriculum. For those students interested in international law it is a first-rate comprehensive introduction to civil law. For those interested in improving and expanding their knowledge of the Spanish language, heritage and the civil law, which govern nearly one-third of the world's population, the course is an excellent opportunity to learn an area that is not often studied in a law school curriculum. Prof. Garcia-Reyes promises to offer the course again in the fall. relatively narrow category of occupations where borderline dishonesty is fairly lucrative. In many instances," be said, "the very art of 'the lawyer is a sort of calculated disregard of the law or at least of ordinary notions of morality." Schnapper said the reasons why the Codes of Professional Responsibility are largely not enforced are thatr (a)"they are .enforced by lawyers who will themselves be subject to whatever limitations they treat as enforceable," (b) "the traditional sanctions - disbarment and suspension - are so drastic that no one wants to use them except in the most extreme cases," and (c) "the traditional, is not exclusive, source of complaints to grievance committees are disgruntled clients, who may object to pelf of incompetence if they can detect it, butr are hardly lidely to protest that their attorney, although successful, used wtworthy means." schnapper said most of the so-called unethical behavior of lawyers ' 'lies beyond the sensible jurisdiction of disciplinary agencies and ethics committees." He said said such agencies would better be denoted as "committees on theft, negligence and certain felonies" because "legal ethics, like politeness on subways, kindness to children, or fidelity in marriage, cannot to great effect be taught in school of enforced by third parties." Kalevitch sees red; promises support in blood drive by William Barrett Sixty-three pints of blood is all that is needed to assure the entire law school community of free replacement blood for a year. When Loyola's quota of 120 pints is finally realized, all law students and faculty members, as well as their parents, spouses, siblings, and children, will have access to an unlimited supply of blood for transfusions and other medical needs for the coming year. The Student Bar Association, sponsor of the blood drive, has scheduled the final push to reach that goal on the afternoon of Wednesday, May 3rd. Details as to donor eligibility will be posted, as before. Prof. Larry Kalevitch, who was ill and unable to donate during the March drawing has volunteered to lead a sleeves-up faculty-administration contingent to the Regis Room on May 3rd. No faculty members, deans, or assistant deans-all of whom will be covered by the blood-replacement program-donated during the previous blood drawing. " It won't happen again," promised a grimly determined Kalevitch. Section two of the first year day division, which has provided half of the total collected so far, has challenged section one to a showdown on the same day. "All we hear from 1 is talk and more talk," jeered a 2 enthusiast. "they can damned well roll up their sleeves and talk with their veins." The second year day division, shamed by its poor showing in March, has also pledged to shed some corpuscles for the common good. "They call us the apathetic class," (lamented one 2) student from his perch atop a stool at Flap jaws, "but since all we have to do is lie on a couch and watch TV for twenty minutes, this blooddrive thing should be r ight down our alley. We'll be there." SBA reps have begun circulating sign-up sheets for the May 3rd drawing. No appoinbnents for specific times are being made. "Just show up whenever you can," urged SBA President Jerry Larkin, "and bring a friend." For Women, Inc. sets meetings The Board of Directors of for Women, Inc. would like to thank all those students and professors who helped us celebrate our incorporation at the Champagne party · last Thursday. We hope everyone bad as good a time- and as much cllampagne--as we did! We would also like to thank those people who showed a further interest in our project by attending our open meeting Wednesday. The suggestions and comments made were invaluable, and we will attempt to put some . of them into effect immediately. The "input session", as we would like to call it, was in fact so helpful that we would like to bold such a meeting every Wednesday. Anyone interested in our project and anyone who wishes to offer suggestions, criticisms, opinions-or even help-will be welcome next Wednesday, April 12 at 4:30 in Room 110 of the Law School. For those who can't make the meeting, please offer your comments to Claire Manning (2D) who is the liason between For Women, Inc. and the Law School. She will be very happy to listen, and she will bring your suggestions to our Business Meetings. You could leave her a note on the Board or reach her at 524-1396. Again, thank you for showing such an avid interest. We are happy that the law school community is so enthusiastic aboat a project designed to serve the professional needs of the public.
subject:
Loyola University Chicago
subject:
School of Law
subject:
students
subject:
newspapers
subject:
local
description:
Blackacre
relation:
University Archives Publications Collection
description:
PDF
rights:
Loyola University of Chicago. Contact the Loyola University Chicago Archives & Special Collections for permission to copy or publish.
identifier:
blackacre4111978.pdf
source:
blackacre4111978
type:
text
language:
English
publisher:
Loyola University Chicago Archives and Special Collections https://www.luc.edu/archives
description:
https://www.luc.edu/archives
