Sui Juris, volume 05, number 04 - Boston College

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3-1-1961

Sui Juris, volume 05, number 04 Sui Juris, volume 05, number 04

Boston College Law School. Student Bar Association

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Vol. 5, No.4 BOSTON COLLEGE LAW SCHOOL March 1961

U. S. A TTORNEY RICHARDSON SPEAKS A T ALUMNI DINNER

It is reported by officers of the Law School Alumni Association that despite adverse weather conditions, the annual dinner of the Association, held on Wednesday evening, February 8, in the school cafeteria, was one of the most successful alumni dinners in recent years. Over one hundred and fifty mem­bers , many of them recent graduates, were greeted by Frank Ahearn and the other officers of the Association.

Father Drinan addressed the group briefly and commended them for their efforts and accomplishments throughout the past year. The Dean also expressed a hope for greater expansion and partici­pation in the future.

Elliot Richardson, United States At­torney for the District of Massachu­setts, was the main speaker of the eve­ning. He centered his talk on law en­forcement and its effectiveness against organized crime.

There are three main obstacles in the fight against organized c.rime, ac­cording to Mr. Richardson. First, the internal discipline and punishment meted out by the 'mob' has substantially eliminated any cooperation from ap­prehended or known criminals. Sec­ondly, the inability to trace cash, which, while it is the gain from illegal sources, may be disposed of by many methods presently approved by law and allowing true owners to remain undetected. Thirdly, and most serious, according to the speaker, are the "good people who are bad citizens ," those people who have some knowledge or relevant facts of illegal operations but never report the information and often shrug it off as a fact of life.

In response to questions which fol­lowed his speech, the U.S. Attorney said that gambling is the life blood of organ­

(Continued on Page Six)

PRIZES GIVEN TO BEST MOOT COURT SPEAKERS

Prior to the Forum On Thursday, March 9, 1961, prizes were awarded by Father Drinan and Moot Court Chairman Robert Galvin to members of the first-year class who were rated highest in oral presentation during the Moot Court competition within the first-year class. The prizes consisted of six sets of the three-volume Com­mercial Code, Annotated, which in turn comprises a part of the Massachusetts General Laws Annotated.

It was announced by Robert Galvin , Chairman of the Moot Court Program, and Prof. William F. Willier that this first of what promises to be an annual presentation was made possible through the cooperation of John C. Tinnelly, Vice President of Foundation Press , and ]. Howard Manningham, President of Boston Law Book Company.

The prizes were awarded to James L. Golden Jr. , Henry S. Healy, Alan I. Kaplan, Jeremy S. Lee, Stuart R. Ross, Joseph R . Welch.

U.S. ATTY. ELLIOT RICHARDSON

SBA Board Hears Views

On Placement and Asks

Alumni Help in Program

The third meeting of the SBA was held on Wednesday evening, January 4, in the Roberts Lounge. President Bob Popeo opened the meeting. The main business to come before this meeting concerned the placement program, and Mr. Daniel Coughlin addressed the Board of Governors on this subject. To summarize, Mr. Coughlin stated that the administration of a placement pro­gram is a very difficult task because it must be based on personal contacts between the school and its representa­tives and law firms of all sizes in the city. Over the past few years the School has made a concerted effort to make such contacts; many letters have been written to various firms as listed in M artindale-Hubbel, and special empha­sis has been placed on those firms which have alumni of the School in their ranks already. This program has not met with a great deal of success because many firms have an established hiring policy and convincing them to change their sources of associates is a very slow process. ,Much remains to be done to improve the program, but it must be remembered that the most any School can do is to provide the students with leads on good positions. It is then up to the individual student to try to get the firm to employ him. No placement program can attempt to get a position for anyone. Each person must assume his own responsibility in this regard.

Contact has been made with the place­ment office at the Heights to arrange to have the corporations which inter­view undergraduates also interview law students interested in employment with private corporations.

The subject was then opened for (Continued on Page Four)

POWELL JOINS FACULTY, TO GIVE TRUSTS COURSE

It was recently announced by the administration that Richard R. B. Powell, presently Professor of Law at Columbia Law School, will join the faculty of Boston College Law School in the fall term of 1961. Professor Powell has been scheduled to teach the course in Trusts and Estates to the day school. He will also teach a course new to the Law School curriculum, Fiduciary Administration.

Professor Powell is the author of the six-volume definitive work on the sub­ject of real property, Powell on R eal Property, published between the years 1956-1959. He has taught at Columbia, Michigan , New York University, and Cornell University Law Schools. An outstanding scholar, he is the author of casebooks on Agency, Future Interests, Trusts and Estates , and Wills as well as a frequent contributor of scholarly articles to legal periodicals and law reviews throughout the country. Mr. Powell was the Reporter on the subject of Property Law for the American Law Institute from 1929 to 1944.

Professor Powell was graduated from the University of Rochester in 1911 and entered Columbia Law School that fall . In addition to his law studies he did additional work in the Faculty of Politi­cal Science, earning the degree of Mas­ter of Arts in 1912. After receiving his LL.B. degree he was admitted to the New York bar in 1914. He became PROFESSOR RICHARD R. B. POWElL associated with Columbia in 1921 and became a Professor of Law in 1924.

TOP-RANKING STUDENTS GET COURT, A. G. POSTS

Two Boston College Law School seniors have been selected as Clerks to the Massachusetts Supreme Judicial Court, while four other top-ranking members of the graduating class have been appointed to positions with the Federal government; one as Clerk of a Federal court and the other three join the department of the United States Attorney General.

Mr. Kenneth Joyce, Editor-in-Chief of the Law Review, has been selected as a Clerk to Honorable Paul Kirk, Justice of the Supreme Judicial Court of Massachusetts. He graduated from Boston College, summa cum laude , in 1958 and has been a Presidential Scholar throughout his three years at the Law School. Mr. Joyce, who is married, represented Boston College Law School in the National Moot Court Competi­tion earlier this year.

Mr. Joseph Warner will serve as a Clerk to Justice Arthur Whittemore of this state's highest court. He was a cum laude graduate from Boston College in 1958 and has been a Presidential Scholar during his stay at the Law School. Warner, who is married, serves as Case Editor of the Law Review.

Mr. Ronald R. Popeo, President of the Student Bar Association, has been selected as Clerk to Federal Judge An­thony Julian. Popeo, recipient of an

academic scholarship here at law school, is a graduate of Northeastern University. He is Case Note Editor of the Law Review.

These clerkship appointments repre­sent the end result of careful scrutiny and consideration on the part of the school and the judges themselves , upon whom the final choice rests. This final determination is based on academic and extra-curricular achievement and per­sonal interviews with the judges. Those ultimately chosen have best met the personal standards demanded by the in­dividual judges.

Those selected under the United States Attorney General's Honor Re­cruitment Program were Mr. Charles D. Ferris, Mr. Richard Delaney and Mr. David Melancoff.

Charles Ferris, recently married, will join the Civil Department of the At­torney General's Office. A graduate of Boston College in 1954, he served as a Lieutenant in the U. S. Navy for five and one-half years before coming to law school. At B.C. Law School, Ferris was Class President during his second year in the night school and a member of the Law Review. He attended N.Y.U. Law School last summer and obtained the necessary credits to join this year's graduating class in the day division.

(Continued on Page Six)

Page 2 Sui Juris

EDITORIALS AN OFT·REPEATED LAMENT

There must be a reason for the constant recurrence, in these pages and else­where, of the debate between administration and students concerning the Law School placement policy. Only last year the Board of Governors of the Student Bar Association submitted a report to the administration in which the placement program was branded unsatisfactory. The discussion is not a new one, to be sure; but, like the weather, everyone has been talking about it , but nobody seems to have done anything about it. Actually, the report did acknowledge the fact that an "improvement" was "evident"; but this seems to have been prompted by a somethi!lg-is-better-than-nothing attitude rather than by the observation of any concrete improvements in administration policy. It would not be a proper ap­proach to the problem to involve ourselves in an attack on the personalities charged with the duty of carrying out a successful placement program and this is not our intention. On the contrary, it would seem that through a .sober exam­ination of the program itself, it would become obvious that while no one person can be found at fault, the deplorable situation which presents itself to those students who are about to graduate must be attributed not only to the administra­tion , which must certainly bear most of the burden , but to the alumni and stu­dents as well.

The administration has an obligation to provide its students with an adequate placement program. This is no gratuitous undertaking ; it is perhaps as much of a duty as the obligation to provide the students with the best legal education available. As Boston College Law School has developed into one of the leading law schools in the area, it was obvious to the authors of the 1960 report that the administration had expended neither the time nor the energy essential to the development of successful placement faci lities. We are constantly confronted with glowing reports of the progress of our school; yet in the same breath we are offered the excuse that we cannot secure positions in the better law firms because we are still a young school. We must realize, according to one apologist, that we have not yet grown out of our short pants. Short pants, indeed! This is a poor excuse at best. When we start off by being apologetic, without half trying, that is the time for a re-examination of the entire program.

As for the students themselves , many want to be pampered, and a surprising number of seniors believe that the function of a placement office is to lead them by the hand up to the front door of a law firm. They do not realize that there is as great a burden on them as there is on the fictitious placement bureau. No matter what help he gets from the placement office, the student must still walk the streets of Boston, New York or Boise , from one firm to another, selling himself to the partners in each firm. Despite all the disclaimers, we are in com­petition with every law school graduate in the area. We cannot sit back and feel sorry for ourselves because we are not graduates of such-and-such a law school. Generally speaking, each applicant is considered on his own merits, not on those of the law school he happened to attend. And if that is not the case, we are stuck with it. This is where the alumni come in. If we had their help, we could at least feel some security. But there is absolutely no evidence of any collective alumni interest in our graduating seniors. This is a rather poor com­mentary on such an important problem.

After a recent program sponsored by the Morning Forum Committee, when the hiring partners of three of the better firms in Boston spoke to a disturbingly small audience, one of the participants was heard to remark that some of those who were interested enough to address themselves to the panel asked such elementary questions as to evidence a basic unfamiliarity with the most funda­mental placement procedures . The obvious reason for this was the lack of any formal full-time placement program . Outside of a hastily-prepared outline and a two minute talk, the student is left to his own ingenuity. Anyone can resort to Martindale; but names and addresses are of little help to a student who is not adequately directed by professional advice.

Not only should there be a full -time placement bureau , staffed with several men who will always be available to the students for advice and consultation, but those in charge of placement facilities should not be charged with teaching assign­ments, alumni activities (other than in connection with placement), or out-of­state speaking engagements with such frequency that they are so seldom available to the students that their absence is a standing joke. Brochures , lists of alumni from all parts of the country, sample resumes of all types and descriptions and as much other material as is available should be distributed to the seniors each September. But this will be only the beginning. Let us not organize another committee to study the problem; let us see some positive action. Why bother worrying about apathy among the seniors if you do not understand its cause.

Sui Juris Published by the Student Bar Association of Boston College Law School,

Boston, Massachusetts

JEREMIAH F . MAHONEY

Editol'-in-Chief

STANLEY A. GLICKMAN

Associate Editor

REV. JOHN A. TOBIN, S,J .

Faculty Moderator

WILLIAM WHITE

Business ManageI'

STAFF: John Arenstam, Elliot Aronson, Richard Cleary, Paul Covell, James Drummey, Richard Hanusz, Richard Hynes, Daniel J ohnedis, Rosemary La Vuolo, Richard LeClair, James McCarthy, John Murphy, Walter Murphy, Arthur Podolsky, Alvin Ramler, Lewis Rosenberg, John Sullivan, John Walkey.

BOOK REVIEW "TRIAL BY NEWSPAPER," by Harold W. Sullivan. Hyannis , Mass.: Patriot

Press. 1961. Pp. 250.

J. F. MAHONEY

There has recently developed a substantial body of commentary on the effect of inflammatory pre-trial publicity on the judicial process . Although much of the material on this controversial subject has appeared in article form in the legal journals, with the recent publication of Trial By Newspaper we have a full-length commentary, and an up-to-date version of the author's earlier Contempts By Publication. In that volume the author documented the attempt of the courts to punish by contempt those newspapers which, by pre-trial publicity and in other ways, abuse the judicial process. A major portion of that book was devoted to a treatment of the disparity of the English and American approach to the problem.

The announced purpose of this latest book is "to set forth case histories from different parts of the nation, to show the defects in the administration of justice that , if not remedied , will continue, as they have so often in the past, to produce miscarriages of justice, to stain the administration of law, which in turn produces loss of confidence in the courts and in the district attorneys. " In the process Mr. Sullivan calls to task those newspaper editors responsible for printing inflammatory headlines and slanted news stories , eager young district attorneys , hungry for the publicity involved in a red hot sex case and the notoriety resulting from the prosecution of bank robbers , murderers , and the like, and the reporters them­selves, who often , it is charged, write their stories with only the slightest personal knowledge ·of the facts.

At the outset, the author points to the unsubstantiated, but quite dramatic fact that "there is scarcely one inmate of our fifty state penitentiaries who has had the fair and impartial trial , doubly guaranteed by our federal and state constitutions," and assigns the blame to "Trial by Newspaper." He pointedly accuses the offices of state and federal prosecutors , of laying down a barrage of pre-trial publicity calculated to destroy the impartiality of grand jury hearings and trial by jury. The cases he uses to illustrate his argument are most persuasive. Some of them, including the celebrated Lindberg kidnapping case, are among the most famous in the annals of our courts.

Mr. Sullivan attempts no clinical study of the effect of such newspaper publicity on the administration of justice in our courts. On the contrary, it appears to be his intention to present as forcefully as possible the arguments in favor of the strict English rule severely limiting pre-trial newspaper accounts of facts involved in certain criminal prosecutions. In England the power to cite for contempt is an effective tool in the hands of the court, and punishment is meted out in strict compliance with the laws, with the result that jurors sitting on capital cases are better equipped to sift the evidence without the doubtful benefit of the daily headlines which always precede such a trial in this country. Perhaps, Mr. Sullivan argues, such a system is needed here. "The power to cite for contempt by publication," he says, " resides with the Judiciary of the State courts, and the responsibility for eliminating the evil of Trial by Newspaper, and restoring the double constitutional guarantees of fair and impartial trial , rest with the State judiciary."

The effect on the community as a whole, and more specifically on those who are potential jurors, of digesting with their morning Corn Flakes the latest "lynch 'em" editorial just prior to the indictment of the kidnapper, rapist or so-called "torso-murderer," is incalculable . Who among us can ignore the picture of the mother and her little five-year-old, taken on the eve before the tot was found beaten to death by some evil-looking "monster" or "fiend"? Who can restrain himself from prejudging the "killer" whose ugly face and long criminal record are splashed over the front page of every paper in town ? The pre-trial public­ity given in the daily papers not only rehearses what the prosecution intends to prove but often fully develops material which the state never attempts to prove

(Continued on Page Six)

LETTER TO THE EDITOR To THE EDITOR:

There is an old adage that you can 't tell a book by its cover. This also seems quite true as applied to Bos­ton College Law School, for you can't tell what courses are offered through its brochure. Speaking only of the third year, there seems to be a discrepancy as to those electives set out in the brochure and those that are actually of­fered . There seems to be a trace of misrepresentation running here , but as to liability , the university has some sort of immunity running for it. But, if there was liability, I am afraid that the damages would run in the vein of inex­perience or lack of knowledge, a fatal mistake in the preparation of a legal career.

The only electives the third-year stu­dents were apprised of were offered one week prior to registration . In the bro­chure, such courses as Restitution and Damages are offered but such, we found , was not the case. Many students have to take courses in the third year which are of no practical value or interest to them. It was one year ago that the

class voted unanimously, through our president, that we would attempt to get some administrative action on a course in Legal Medicine-this was denied.

But let us not criticize without trying to make some constructive suggestions. Electives should be offered with an eye to what is most valuable to a well­rounded legal education and also to those fields which the students feel would be of most value to them. Why is it that the communication system between the Administration and the stu­dent body is not tuned in to the same frequency? I suggest that, in the future , the curriculum committee prior to mak­ing its final determination as to the electives to be offered contact and dis­cuss with representatives of the student body as to the students' preference and take this also into consideration. I feel that the time has come when the Ad­ministration and the student body should work more closely to the end of giving the best possible theoretical, as well as practical, legal education to all.

Jack Altshuler

Sui 1uris Page 3

Alumni News ... DANIEL T. COUGHLIN

Charles J. Delaney, '40-has been appointed to the rank of Captain in the Naval Reserve.

William F. Joy, '43 -who has been counsel for Swift & Company since 1944, specializing in Labor Relations law has become a member of the firm of Morgan, Brown, Kearns, & Joy, 141 Milk Street, Boston 9, Massachusetts .

John J. Roddy, '48 -is engaged in the practice of law with Thomas Mackin Joyce , '41, with of­fices at 8 Beacon Street, Boston, Massachusetts and is Legislative Counsel for the Massachusetts Bankers Association and Massachu­setts Gas and Electric.

Michael J. Batal, Jr., '49 -has become engaged in the general practice of law in association with Michael J. Batal, Sr. , under the firm name of Batal and Batal , Lawrence, Massachusetts.

Wallace A. Bilodeau, '49 -is serving his second term as State Deputy of Maine, Knights of Colum­bus.

William Gabovitch, '49 -taught Advanced Taxation last semes­ter at Boston College Law School and is now teaching Legal Accounting.

John J. McNaught, '49 -recently became a partner in the law firm of Esdaile, Morris , McKenney & McNaught, Boston, Massachusetts. He is also secretary of the Law School Alumni Association .

Thomas J. Barrett, '51 -was recently appointed as Chief Pros­ecutor of District 2 of the new Connecticut Circuit Court.

Edward P. Kirby, '52 -was elected State Representative in 5th Plymouth District.

William J. Rosenberg, '52 -has recently been appointed Assistant City Attorney and maintains his office at 64 Hamilton Street, Paterson, New Jersey.

Robert T. Abrams, '54-proud parent of a son, William, born on June 15, 1960.

Robert H. Breslin, Jr., '54-elected in November, 1960 to the Rhode Island House of Representa­tives as a Republican from the First Representative District.

Edward J. Capasse, '55-was appointed an Assistant Prosecutor in Westport, Connecticut, in the new Circuit Court.

IN MEMORIAM. It is with sincere and deep regret that the Alumni Association records the passing of:

Thomas B. McCusker, Jr., '43, 300 Highland Street, Milton , Mas­sachusetts, on Thursday, January 26 , 1961.

John F. Gill, '55 -who has been serving as Attorney for the Bridgeport Housing Authority was recently appointed as Executive As­sistant to the Director.

John A. Tierney, '56-announces the opening of his office for the general practice of law in association with Joseph S. Vera, Esq. and Edwin Livingstone, Jr. , Esq. , Room Fourteen, 261 Union Street, New Bedford, Massachusetts.

William M. Anderson, '57-former patent attorney at Polaroid Corporation and former research chemist with Dewey & Almy Chemi­cal Co., Bolta Co. and Lever Bros., announces the opening of his law office for the practice of Patent and Trademark Law at 79 Milk Street, Boston, Massachusetts.

Edward ,G. Barry, '57 -became a partner in firm of Robinson, Donovan, Campbell and Madden, 127 State Street, Springfield, Massachu­setts.

Thomas R. Manning, '57-Has been appointed Chief, Tax Branch, Army Legal Assistance Divi­sion, The Pentagon, Room 3B316, Washington 25, D.C.

David A. Rich, '57-formerly patent counsel for Sanders Associates, Inc. and ITEK Corpora­tion announces the opening of his offices for the practice of Patent, Trademark and Copyright Law at 10 State Street, Boston 9, Massachusetts.

James F. Stapleton, '57 -recently elected to the Bridgeport Board of Education.

Robert R. LeBlanc, '58-has become associated with the firm of Harnish, Mansfield, Marsh & Mac­Donald, Counsellors at Law, 675 Main Street, Waltham 54, Massachusetts .

George G. Burke, '59-recently elected Quincy City Coun­cillor and has two law offices-270 Hancock Street, Quincy and 316 Summer Street, Boston, Massa­chusetts.

Joseph Broude, '60 -Sidney S. Cross takes pleasure in announcing that Joseph Broude, '60, will hereafter be associated with him in the general practice of law under the firm name of Cross & Broude, 20 Pemberton Square, Boston 9, Mas­sach usetts.

Richard T. Hall, '60-is now associated with the firm of Qua, Hall, Harvey and Walsh, in the practice of law at 306 Chalifoux Building, Lowell, Massachusetts.

Philip W. Riley, '60 -has been appointed law clerk to United State District Judge Aloysius J. Connor.

Edward P. Ryan, '60-announces the opening of his offices for the general practice of law at 10 State Street, Boston 9, Massachusetts.

Robert M. Sriberg, '60 -recently sworn into office as an Assis-

Juvenile Court Judge Sees Need For' Community Action

Several years ago some of the most prominent members of the local business community were surprised and slightly annoyed at being served with subpoenas charging them with "contributing to the delinquency of a minor. " When they had aU assembled on the appointed day in a smaJl courtroom in the Suffolk County Courthouse, the Presiding Justice of the Boston Juvenile Court, Hon. John J. ConneUy, took his place on the bench and, with little explanation, bade them all pay close attention to the proceedings.

At the end of a long morning the spectators found that their annoyance at their personal inconvenience had been displaced by a sense of astonishment at the specter presented by the pitiful young boys and girls who had been brought before Judge Connelly that morning. After the day 's cases had been disposed of, the Judge explained to his "guests" that they were not, of course, charged with contribution to any spe­cific juvenile crime, but that as in­fluential members of the community they were moraUy charged with a duty to aid these unfortunate children. He expounded at length on the lack of adequate rehabilitation facilities and asked their support in his effort to give these youngsters a chance to become responsible members of society. The function of the Juvenile Court was brought home forcefully to these men and Judge Connelly was so persuasive in his plea that each of his guests pledged his support.

After graduating from Boston College in 1930, Judge Connelly worked in the Welfare Department and as a Proba­tion Officer in the Juvenile Court before returning to the "Heights" to graduate from its Law School in 1941. He sub­sequently served in the Juvenile Court, doing probation work and holding other administrative positions until his ap­pointment to the bench in 1945.

Founded in 1906, the Boston Juvenile Court is the only full-time juvenile court in the state and the second oldest such court in the nation. Judge Connelly holds a unique position and his reputa­tion is not only nation-wide, but in­ternational. An interesting commentary

FREE LAW REVIEWS A V AILABLE TO ALUMNI

In an effort to increase the circulation of the Law Review, members of the Review staff were on hand to greet the alumni as they arrived for the dinner on February, and each alumnus was presented with a brochure outlining the features of the first three numbers of the Review. For the convenience of those attending the dinner, the brochure provided an application blank allowing each diner to order a complementary copy of one of the first issues of the Review.

Those who were unable to attend the function may receive a copy of this brochure and may apply for a comple­mentary copy of the Review on request. Inquiries should be addressed to the Law School in care of the Circulation Director of the Boston College Com­mercial and Industrial Law Review.

tant District Attorney for Middlesex County. He is also associated with the firm of Sriberg and Glassman, 70 State Street, Boston, Massachusetts.

Frederick A. Lawrence, ' 60 -has become associated with law of­fices of Max Winograd , 915 Hospital Trust Building, Providence 3, Rhode Island.

John O. Todd, '60-presently with Supreme Judicial Court. Will be associated with firm ·of Hale & Don, September 1, 1961.

is that his work is better known abroad than in the United States.

Judge Connelly is quite active in many local and national organizations devoted to the constant evaluation of the administration of justice in the area of family law and juvenile delin­quency. He has also continued in his efforts in behalf of such legislation as that which established the Youth Serv­ice Board, and in addition to contribut­ing to various professional journals, he has written articles for more widely distributed periodicals and newspapers.

Judge Connelly is ever on the alert to improve the administration of his court. One of his suggestions is that the court be operated on a circuit basis, with the judges doing the travel­ling to and from those areas where a permanent court is obviously not needed, but with a staff of qualified people permanently located in various parts of the state. "Delinquency has its origins in the community," says Judge Connelly, "and thus you have to find its solution in the community."

With his ultimate emphasis on pre­vention rather than punishment, the Judge places much stress on the role of probation officers and other adminis­trative officials. He sees in the funda­mental philosophy behind the estab­lishment of this special court that its primary purpose is the protection of the public, with special provisions of law directed towards meeting the needs of the children and the family. In the thinking of Judge Connelly, nothing is more sacred than the family, no seg­ment of our society more important than its youngsters , and no legislation more necessary than that directed towards the protection of those of our young who have fallen prey to the more evil influences of our times.

Hobbs & Warren, Inc. 34 HAWLEY STREET

BOSTON Publishers of

STANDARD LEGAL FORMS Headquarters for

UNIFORM COMMERCIAL CODE

FORMS LI 2-7947 LI 2-7948

Page 4 Sui Juris

ENERGY AND SCI-IOLARSI-IIP MARK DEAN'S SPEAKING SCI-IEDULE

JOHN SULLIVAN

"The parent's right to obtain the type of education he desires for his children is a right which has been tragically overlooked in American life," said Dean Robert F. Drinan, S.]., speaking before the Catholic Men's Luncheon Club of Columbus , Ohio, last month. He opened his talk by citing the high. percentage of Ohio children that attend Catholic schools and the fact that Catholic parents pay almost one-fifth of the entire educational bill of the state. Father Drinan went on to cite sociologist Will Herberg who has declared that Catholic parents are be­ing deprived of basic justice in being required to pay for public schools to which they do not desire in conscience to send their children .

"The fact is," the dean continued , " that there is a deep feeling of in­justice in the hearts of Catholic parents and this resentment on the part of a significant group is a very bad thing for society." Father Drinan asserted that America has developed a blind spot on the parental right to educate and concluded with a plea to all groups working for constitutional liberties and civil rights , especially the Civil Lib­erties Union, to come forward with a satisfactory declaration on the meaning and place of the parental right to edu­cate. His speech, entitled "The Future of Private Schools," followed a talk the Dean had given at Xavier Univer­sity a day earlier.

From October 2, when he preached at the Red Mass in Bangor, Maine, Father Drinan was continually occupied in complying with requests for speak­ing engagements from all parts of the country. On the day following his ser­mon in Bangor, he participated in the dedication of the new Columbia Law School in New York City. Following this he addressed the alumni at Hart­ford Connecticut and Berkshire Cou~ty, Massachusetts bar association meetings, spoke at Harvard Law School and the University of New Hampshire , addressed a Public Affairs Forum at Canisius College in Buffalo, N. Y. , de­livered the sermon at the Civil Rights Mass in New York City on November 5, and presented an address to the Cath­olic Lawyers' Guild of Newark, N. ]., five days later.

In his sermon at the Red Mass the Dean stressed the fact that "the sepa­ration of Church and State does not mean the divorce of government from religion or the estrangement of law from morality." This theme, the im­portance of religion in government and in public as well as in private life, re­curred in his sermon at the Civil Rights Mass as the most salient of three chief ways to eliminate discrimination against certain American citizens-"effective laws, sound public opinion and a deep religious faith."

"The nation's religious outlook," he insisted, "will inevitably influence its

FR. ROBERT F. DRINAN, S.J.

attitude to those among us who happen to be of African descent. "

The Dean has made these topics of national concern the subject of many articles which have appeared in many national publications. Among his most recent contributions is a feature article entitled "The Court Judges Sunday Laws," which appeared in the January 21 edition of America. This area of Church-State relations, together with Family Law and Jurisprudence, com­prise the subjects in which the Dean is keenly interested. He teaches courses in F;mily Law and Jurisprudence here at school.

Fr. Drinan received both his LL.B. and his LL.M. degrees from the George­town University Law Center after hav­ing completed studies at Fordham Uni­versity, Weston College and the Jesuit Seminary in Florence , Italy .

The Dean has been admitted to the bars of the District of Columbia and the United States Supreme Court. He is a member of the Massachusetts, American and Boston Bar Associations, is Director of the American Judicature Society, and was a recent appointee to the Executive Committee of the Board of Governors of the Massachusetts Bar Association . Along with these other positions, Fr. Drinan is also Chairman of the Committee on Marriage Law of the Section on Family Law of the American Bar Association and is one of five members of the National Executive Committee of the Policy Board of the Law School Admission Board , located in Princeton, New Jersey.

Daily Rosary

12: 70 Room 302

Consult your Law School Book Store regarding special student offer

on Individual volumes of the new

"West edited"

MASSACHUSETTS GENERAL LAWS ANNOTATED cited and quoted by the courts

BOSTON LAW BOOK COMPANY 8 Pemberton Square LA 3-6882

SBA (Continu ed from Page One)

general discussion by the Board of Gov­ernors. Much of the talk centered on the expressed hope that the alumni can be induced to take an active role in the placement of future graduates , and the representatives of the various classes reflected the air of dissatisfaction which seems to surround their constituents. Plans were made for the formation of a placement committee to be composed of the Assistant Dean, two or three members of the SBA and a representa­tive of the Alumni Association.

Wednesday evening, February 15, was the date of the fourth SBA meeting of the current school year. Dan Shea gave a financial report on the SBA to com­mence the meeting.

Jerry Mahoney then discussed the financial status of SUI JURIS , and the Board of Governors expressed concern that the Alumni Association pledge of $100 per issue has not yet been met.

The next subject for discussion was the Forum budget. Rene Pinault in­dicated a balance of $360.82 of which approximately $120 will go toward the expenses of the morning program. Plans have been formulated to have a speaker each Thursday morning at 11 :00 and the speaker of the day will be announced each week in the customary manner.

Arrangements have also been made to have Melvin Belli, Esq. and Senator Barry Goldwater address the evening forums. While no date has yet been set for Mr. Belli's speech, Senator Gold­water has tentatively indicated he will be here May 2. A large audience is anticipated, especially for Senator Gold­water's talk, and the Bapst Auditorium has been suggested as a possible site. The School has pledged $1 ,000 toward the expenses of these evening forums, and an admission price of $1 will prob­ably be charged to all except students of the law school.

Future social activities include a dance to be held Saturday, March 4, at Nick's Supper Club; a smoker to be held Friday evening, April 7; and the formal on Friday , April 21 at the Blue Hills Country Club. There will also be one more social event to be held sometime in May , details of which will be announced at a later date.

The final subject for discussion was a proposed constitutional amendment which is discussed in detail elsewhere in this issue in an article by President Bob Popeo .

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DR. HUGH l. DRYDEN

Space Chief Cites the Advance of U.S. Tests

Dr. Hugh L. Dryden, Deputy Ad­ministrator of the National Aero­nautics and Space Administration was the guest speaker at the Law School Forum on the evening of February 9, 1961.

Dr. Dryden in his discussion enumer­ated the various achievements of the U.S . space program and made special refer­ence to his hopes for the future of this country in the missile race. He stated that it takes many years of research and development before a space vehicle even leaves the launching pad and em­phasized the fact that no amount of money will speed up the process. The recent launching of a monkey into space and his subsequent reentry was pointed to by Dryden as a significant advancement in the so-called "Man in Space Program."

Talking briefly of the legal aspects of the current developments in the fields of rocketry and space exploration , the speaker addressed some of his re­marks to the questions of violation of air space and the danger of rocket fragments and the possibility that they might result in injuries to persons and property.

After the main address , the Forum was thrown open to questions from the floor. During this period Dr. Dryden commented on the recent Russian achievement of orbiting a seven-ton satellite. He told the audience that thus far the United States hasn't a rocket with a sufficient thrust to send up such a pay load, and that even with the rapid advancement of the Atlas, Regina and Saturn programs , it will be a year or more before the United States would be able to launch such a rocket.

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Sui Juris Page 5 -------------------------------------------------

Marking System Seen As Obstacle To Placement

EDWARD F. HENNESSEY

In the course of one's final year in law school the problem of placement inevitably looms into the fore. Under such circumstances the third year stu­dent must be prepared either to attempt to impress the would-be employer with the tangible evidence of his academic accomplishments or to try and explain away his less spectacular record. In either event, however, questions arise as to the significance -of the marks re­ceived. In the case of the top student the casual peruser of a transcript may be puzzled by the alarming paucity of A's. To be sure he will be impressed by the evidence of standing, but none­theless must feel confused by the fact that this student who is the cream of the graduating clas is of only B caliber. Consequently it would seem that some attempt should be made to discern the reason for such disparity.

At present the top student in the Class of 1961 holds an average which is in the vicinity of 6.1. I am uncertain of the average of the lowest student. However, for the purpose of this article I shall assume it to be 3.0. The first question that presents itself is, what do these numbers mean in terms of less ambiguous marking systems? Probably the most common method known to civilized peoples is the 100% system. Under this form of grading the A range varies from 90%-100%, the B range from 80%-89.9999 ad infinitum, and so forth. Let us now assume that an A under our 10 point system likewise represents the same percentage value as is the accepted standard. The range from 90% and up would then be represented by the area between 8.0 and 10, the 80% range, 5.0 to 7.99, and the 70% range including 3.0 to 4.99.

Next it becomes necessary to break down the 10 point system into 100% equivalents. For this purpose I shall take the B range which is 5.0 to 7.99 or 80% to 89%. From 80% to 89% there are 10 possible grades, i.e., 80, 81, 82 ... etc. Since an even B would be more common I will allow four percents for this area, i.e., 83-86. B- will then he 80-82 and B+ 87-89. In this light the 5.0-5.99 range must be broken down roughly into thirds with an 80% falling anywhere between 5.0 and 5.3, and 81% from 5.4 to 5.6, etc. In the middle B range there will be much greater flexi­bility since an increase of 1 % requires a decimal increase of only 2 and Yz deci­mal points. Thus an 83% would be 6.0 to 6.25 , an 84 from 6.26 to 6.5, etc . The same process applied in the C range will indicate that a 3.0 is equiva­lent to a 73%. (This seems to tally with at least one professor's concept of the value of a C.)

Upon this basis it becomes apparent that the average of our top student is 83%, whereas the average of the lowest is 73%.

It has been pointed out that standing is the true indicator -of academic achievement. While this seems a reason­able assumption under normal circum­stances it would seem to suffer in the light of the fact that the standings of the 79 graduating (this word is used in the hopeful sense) students represent a classification within an area of only 10 percentage points. Consequently the person who is let us say 18th is roughly only 6 percentage points off the top. (I make this statement on the basis of the fact that the 18th ranking student in our class has an average of appro xi-

mately 4.5 or 77%). Likewise the 79th student would be only 4 percentage points behind the 18th and 10 behind the first.

From this fact some conclusions might be drawn. First of all it would appear that the faculty collectively does not consider any student in the Class of 1961 to be of greater than B quality. This of course is their right. However, it would seem that if this is the case then stress should not be placed on standing, since it attempts to point up the student's quality and fails to apprise the would-be employer of his short­comings. It might be well for the school to indicate this lack of real confidence in the graduate so that the school can­not be subsequently accused of foisting inferior students upon the profession.

A second conclusion might be drawn as a corollary to the first. This would be that, since the lowest qualified stu­dent is only 10 percentage points less academic than the top, there should be greater opportunity given to those students whose standing is somewhat mediocre to compete with the top-rank­ing students for the more lucrative offers. If it is made apparent that a student standing in the second 10 in the class may be only a few percentage points less astute than the top students, employers might be more prone to weigh them on an equal scale. Assume further that both students have partici­pated equally in extracurricular activi­ties such as law review or moot court. If this is the case then the lower student might well be able to snare the job away from the higher by showing him­self to have the more well-r-ounded personality. For example the student with the 78% average might well have been voted swellest person in his or her grammar school or have been presi­dent of his or her college's chapter of the Mafia or Mafiettes. Such achieve­ments might well turn the tide where the scales weigh so evenly.

A third conclusion would seem to be that the students with a lower standing should be commended for their accom­plishment in coming so close to the top. This may amount to sort of a hollow victory for most, but should at least instill some sort of an inner glow of accomplishment, while hunting for a job.

In conclusion it would seem that some more realistic system of grades should be adopted, which will give a truer indication of the individual's ac­complishment through three years, since the present marking system seems to be lacking both in and of itself and when equated to comparative standing.

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Second Semester Changes Made in Faculty-Courses

Four Special Lecturers on the faculty of Boston College Law School have been appointed to teach additional courses during the second semester. The vacancy created by Prof. Wendell Grimes' recent illness has been filled by Attorney William Gabovitch in the day division and Attorney Robert Richards in the night school. Attorney Joseph Healey is replacing Prof. John E. Col­lins, who is presently visiting professor at Villanova Law School, and Attorney Thomas W. Lawless is -offering a course in Creditor's Rights in Bankruptcy, a third year elective.

WILLIAM GABOVITCH

Atty. Gabovitch, of Waban, Special Lecturer on Taxation, is a graduate of Boston Latin School, Class of 1939, and Boston University College of Business Administration, Class of 1943. He was awarded his Bachelor of Science degree at B.U. cum laude, and was elected to Beta Gamma Sigma, national honor society.

Upon entering the service, he at­.tended the U.S .N.R. Midshipmen's School of N.Y., at Columbia University and completed his naval training at the Post-graduate School, U.S. Naval Academy, Annapolis, Maryland. He attained the rank of Lieutenant Senior Grade, U.S.N.R., and completed his service as commanding officer of the U.S.S. APL 34 based at Yokosuka, Japan.

After completing his law studies at Boston College Law School and obtain­ing his LL.B. in 1949, Mr. Gabovitch took further specialized tax training at N.Y.U. Graduate School of Law where he received the degree of Master of Laws in Taxation.

A C.P.A. as well as an Attorney at Law, he is a member of the Massachu­setts, Federal, Tax Court and Treasury Bars and the Mass. Bar Association. He is also a member of the Ames Institute of Public Accountants and the Mas­sachusetts Society of Certified Public Accountants, where he is on the Practi­tioner's Advisory Committee.

In practice as a principal with offices at 40 Court St. , Boston, Mr. Gabovitch resides with his wife (the former An­nette Richman of Malden) and two children at 178 Beethoven Avenue, Waban.

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JOSEPH L. HEALEY

Atty. Healey, Special Lecturer on Contracts, is no stranger to the students of B.C. Law School, having taught here for fourteen years.

Mr. Healey is a graduate of B.C. High School and received his Bachelor of Arts degree at Harvard College in 1938. His education was interrupted when he served with the Quartermasters Corps, U.S. Army, after which he re­turned to Harvard Business School and received his M.B .A. in 1943. Following his graduation from Harvard Law School in 1946, he served as Law Clerk to Judge Sweeney in the U.S. District Court for a year.

Atty. Healey entered general practice in 1948 and remained with Heminway and Barnes as a partner until 1957 when he became Commissioner of Corpora­tions and Taxation for the Common­wealth of Massachusetts . Upon comple­tion of his term of public service he became Vice President and General Counsel of the Boston Edison Company and was recently named to their Board of Directors.

He is a member of the American Massachusetts, and Boston Bar Associa~ tions and the Tax Commission of the A.B.A. He is also trustee of the Uni­versity of Massachusetts, the Charles­town Savings Bank, the Arlington Trust Fund Commission and is a member -of the Board of Directors for the Middle­sex Bank and Trust Company and the Boston Mutual Life Insurance Co.

Mr. Healey resides with his wife and one son at 14 Winchester Rd., Arling­ton, Mass.

THOMAS W. LAWLESS

Mr. Lawless, of Belmont, is Special Lecturer on Creditor's Rights in Bank­ruptcy. A graduate of St. Mary's High School in Waltham, he received his Bachelor of Arts degree summa cum laude from Boston College. He attended Boston College Law School and gradu­ated first in his class in 1934.

Mr. Lawless is presently a Referee in Bankruptcy and is a member of the Massachusetts Bar Association. He re­sides with his wife and family at 92 Richmond Road, Belmont.

(Continued on Page Six)

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Page 6 Sui Juris

SBA President Calls For Constitutional Amendment

RONALD R. POP'EO

The Constitution of the Student Bar Association was ratified in 1954 by a majority of the Association's members. Since that time the records of the As­sociation disclose only two amendments. The scarcity of amendments is not attributable to the lack of necessity for change, but rather to the cumbersome amendment procedure provided by the Constitution.

Under the present Constitution, amendments may be made only after three distinct steps are taken. First, a general meeting of the Student Bar Association must be called by the pres­ident if requested by a written petition signed by twenty-five per cent (25 %) of the student body or by a recorded vote of two-thirds of the members of the Board of Governors. Second, pur~ suant to such request, the president must call a general meeting of the stu­dent body to discuss the proposed amendment. The only issue at the meeting is whether or not to refer the proposal to a general vote of the entire Association. Third, if a referendum of the proposed amendment is voted by a majority of the members present at the meeting, a general vote by secret bal~ lot on the proposed amendment must be held not earlier than ten nor later than twenty days after such meeting.

Under such procedure it is a major project to 'keep the Constitution in ac­cord with the needs of the Student Bar Association. On February 15, 1961, at a regular meeting of the Board of Gov­ernors , it was unanimously voted to submit a proposed constitutional amend­ment to the student body. Pursuant to the amendment, the Board of Gov­ernors, after due notice to the student body and at a regular meeting, would be empowered to amend the constitu­tion by a vote of two-thirds of its members. Thus, the Board of Gov­ernors would be given the same power over the constitution as it now has over the by-laws of the Constitution.

The purpose of the amendment is to give the association greater flexibility in keeping pace with its changing needs. Thus, it would be possible to enact pro­visions permitting elections of first-year officers at a later date than the regular elections, thereby giving first -year stu­dents an opportunity to become better acquainted before choosing their repre-

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sentatives. Further, provisions could be made for having Student Bar officers take office upon election thereby per­mitting a smoother transition of admin­istrations and giving the new officers the benefit of consultation with their predecessors. An American Law School Association officer could be appointed from the second-year class thereby giv­ing him an opportunity to become ac­quainted with the other law school rep­resentatives and to campaign for a national office. The Law Forum would be given an opportunity to make the long­range plans necessary to attract top quality speakers. These are but a few of the many changes which would be made possible by amending the consti­tution.

Generally, any attempt by elected of­ficers to change the status quo so as to vest themselves with greater powers is viewed with suspicion and apprehension. We are hopeful that education will pre­vent such a reaction in this case.

In the first instance it should be noted that the Board of Governors pres­ently has the power to amend the by­laws, fix the duties of officers , make the policy of the Student Bar Association, fix the rate of dues and appropriate the money as they see fit. it is apparent from the aforementioned that the Board of Governors has been given power to control the most critical areas of the association. The proposed amend­ment is not an attempt to increase these powers but rather to give the Board of Governors the ability to function in the most effective and most efficient man­ner.

It is hoped that this article will stim­ulate the interest of the students on this matter so that their views may be known. In the immediate future a gen­eral meeting of the Student Bar Asso­ciation will be held for the purpose of discussing the proposed amendment.

ALSA CIRCUIT MEETING TO BE HELD IN BOSTON

A Joint First and Second Circuit Conference of the A.L.S .A. will be held on March 16-18 at the Hotel Kenmore in Boston. The host school this year will be Boston University Law School. Cameras in the Courtroom and Capital Punishment are the two topics that will be discussed by outstanding panels dur­ing this annual meeting. A demonstra­tion on "The Presentation and Prepara­tion of Evidence in a Tort Case" will be conducted by J. Newton Esdaile of the Boston Bar. The highlight of the session will be the banquet on March 18, where Henry Cabot Lodge has ten­tatively agreed to talk on "World Peace Through World Law." The registra­tion fee for the entire weekend is $15.00. Individual tickets for the ban­quet may be purchased for $5.00.

Fl'om STUDENT BAR ASSOCIATION

of

RICHARDSON (Continued from Page One)

ized crime. It is a source of capital for illegal activity. Since the profit is so great, he said, it cannot all be brought to the surface by those who realize the gain, and this results in an investment in dope traffic and other such illegal activity.

In defining the extent of "organiza­tion" in organized crime, Mr. Richard­son stated that small segments of a ,state are known to be under a recog­nized leader, but that as to national organization, law enforcement officers are unaware of the mechanics of opera­tion, although past experience in other fields has shown that there is some sort of cooperation on a national level in gambling operations.

MORNING FORUM GROUP ANNOUNCES SCHEDULE

Plans for the Spring schedule of the Thursday Morning Forum call for a full program this year, according to Chairman Jerry Mahoney. Although the speaker for the first week in March, Willian A. Regan , was forced to cancel his engagement because of illness , the rest of the month promises to find some interesting subjects discussed at the weekly meetings. Rabbi Ira Eisenstein will speak on the legal aspects of "Mi­norities in Israel" on March 9; Assistant District Attorney John McAuliffe's sub­ject on March 16 will be "Pre-Trial Investigation and Interrogation in Crim­inal Prosecutions" and Mr. Paul Smith, noted criminal attorney, will speak on the same subject, from a different point of view, on April 6. Dr. Joseph Jachim­czyk, Medical Examiner from Hous­ton, Texas , will illustrate his talk on the work of the Medical Examiner with colored slides taken by members of his staff in Texas. Prominent among the speakers scheduled to appear during April is Prof. Arthur Sutherland, Con­stitutional Law professor at Harvard Law School , who will direct his remarks to some of the more recent develop­ments in his field and discuss recent Supreme Court decisions.

APPOINTMENTS (Continued from Page Five)

Mr. Richard Delaney will join the Anti-Trust Department. Upon gradua­tion from Canisius College in 1958, Delaney received a commission in the U. S. Army. A Presidential Scholar throughout his three years at law school he is a member of the Law Review and President of his class . He also par­ticipated in the Moot Court Program here at B.C.

Mr. David Melancoff also joins the Anti-Trust Department. Melancoff is a graduate of Bowdoin College in Bruns­wick, Maine. While at Boston College Law School he has been a member of the Law Review.

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FACULTY (Continued from Page Five)

ROBERT RICHARDS Attorney Richards , Special Lecturer

on Taxation, is teaching students of the third year night division

Presently associated with the law firm of Hale and Dore, State St., Boston, he is a graduate of North Quincy High School and majored in mathematics at Boston College, where he obtained his bachelor degree. He obtained his LL.B . at Boston College Law School in 1955 and went on to N.Y.U. Graduate School of Law where he obtained a Master of Law degree in Taxation in 1956.

Atty. Richards is a member of the Massachusetts and American Bar As­sociations.

BOOK REVIEW (Continued from Page Two )

in court , or material which would never be received into evidence by the court. There are no rules of evidence in the city room, however.

With the lengthy quotes from head­lines and news stories of actual cases and in the examination of these cases themselves, the author's speculations gain weight. The remaining considera­tion , then, is a most fundamental one . . . the dichotomy between freedom of the press and the right to a fair trial. This discussion occupies the last chapter of the book and the author has here reached the meat and sub­stance of the problem. His solution is a rather drastic one, it would seem, but perhaps time has shown that there can be no effective compromise between the courts in their attempt to administer justice and the editors in their effort to sell newspapers.

LAW REVIEW BOARD PICKS SECOtND-YEAR ASSISTANTS

The Editorial Board of the Law Re­view announced last week the following assignments of its second-year staff members : Carroll E. Dubuc has been appointed to assist Article and Book Review Editor, Mr. McGrath; ap­pointed assistants to the Circulation Director, Mr. Deady, were Michael S. Stern and Edward B. Ginn; Paul Bar­rett received an assignment to assist the Index Editor, Mr. Ditelberg; as­signed as assistant to the Legislation Editor, Mr. Bulger, was Edward A. Schwartz ; Robert J. Martin was se­lected as assistant to the Case Note Editor, Mr. Popeo ; Francis J. Lawler was appointed assistant to the Case Note Editor, Mr. Desmond; and se­lected as assistant to the Case Note Editor, Mr. Warner, was John J . Madden.

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