Georgia Advocate, Feb. 1969, Vol. 5, No. 2

Transcription

1 Digital Georgia Law Georgia Law Advocate Magazine Archives Georgia Advocate, Feb. 1969, Vol. 5, No. 2 University of Georgia School of Law Repository Citation University of Georgia School of Law, "Georgia Advocate, Feb. 1969, Vol. 5, No. 2" (1969). Georgia Law Advocate Magazine. Paper This Article is brought to you for free and open access by the Archives at Digital Georgia Law. It has been accepted for inclusion in Georgia Law Advocate Magazine by an authorized administrator of Digital Georgia Law. For more information, please contact tstriepe@uga.edu.

2 GEORGIA Vol. 5 No. 2 UNIVERSITY OF GEORGIA SCHOOL OF LAW, ATHENS, GEORGIA February 26, 1969 DO Intra-State Moot Court Participants, standing 1-r, Oscar Cook, Dennis Cathey, Charles Hatcher, J immy Paul, Sam Worthington; seated I-r, Bob Kraselsky, Cary Tye, Bill Clinebiirg. Law Forum to Sponsor'^New South^ By Bob Benham With the tremendous amount of studying required in law school, many students find it more and more difficult to keep abreast of current events and matters of na tional importance. This situation presents a challenge to many law students. This challenge is being met by a newly formed organiza tion composed wholly of law stu dents. According to its president, Thomas Harrold, the Georgia Law School Forum was set up for the following pruposes: (1) to bring well-known national figures to Georgia's campus to discuss issues of major significance, and (2) to research a problem of national con cern and publish a report dealing with that problem each year. In furtherance of its goal of providing meaningful programs dealing with contemporary prob lems the Georgia Law School Forum has scheduled an open Forum on April 18 centered around the topic of "The New South Fact or Fantasy." The participants will include Gov. Carl Sanders, Mills B. Lane, Chancellor Simpson and Eugene Patterson. Barristers Ball Bacchanalia Bill Welch On Friday, February 7, the Stu dent Bar Association of the Lumpkin Law School presented its an nual Barrister's Ball. This gala event proved to be rivalled in splendor only by this year's Presidential In augural Ball. The revlers' sophistication at Poss' Lakeview was reflected by the elegant buffet of hors d'oeuvres of asparagus rolls, Swedish meat balls, relishes, and cocktail sandwiches displayed among flowers and light ed tapers on white linen table Cont. on page 6 Moot Court Wins State by Mike Swinford The University of Georgia Moot Court team, the most capable and talented in Georgia, has a demand ing schedule during the Winter and Spring months. They competed against strong Mercer and Emory teams in the special State Moot Court competi tion held at Lumpkin Law School on February 14. An outstanding competition found the two Georgia teams in the final round against each other. Consequently, Georgia retained the state title for the sec ond year in a row. In the spring the Georgia team will go to the International Moot Court Contest at Charlottesville, Virginia, for a first attempt in International Law Competition. The representatives for Georgia's intra-state team were: Jimmy Paul, Charles Hatcher, Robert Kraselsky, William Clineburg, Cary Tye, and Dennis Cathey. The team of Paul and Hatcher was victorious over Clineburg and Tye, with Jimmy Paul winning the award for most outstanding advocate. Professor Mack Player is the team's advisor. The Moot Court team is selected by the Moot Court Board, which is composed of mem bers of the third year class. Next year's Moot Court Board will be chosen in the spring from members of the present second year class. Another upcoming competition is the annual Law Day meet. The Appellate Practice course has pro vided eight teams through elimina tion matches. This group will soon be narrowed to four teams, then to two. The two finalist teams will

3 Page 2 EDITORIALS... February 26, 1969 RALPH McGILL When Ralph Emerson McGill died early this month much was written about his political and social conscience. It was this basic humane goodness which enabled McGill to thunder forth his convictions and then to stand by them. But McGill did more than provide a social conscience to a troubled South. He wrote and argued for an orderly legal system in which the people and leaders should obey the law. All too often his words fell upon people whose ears then were deaf, but whose mouths of late have cackled with the necessity of obeying the law. The difference is that now those who might demonstrate or riot and, thus, disregard the law, are the same people who a decade ago were oppressed by the callous disregard of the law. McGill won the Pulitzer Prize in 1958 for a column written just after the bombing of the Jewish Temple in Atlanta. In that column he said: "Let us face the facts. This is a harvest. It is the crop of things sown. It is the harvest of defiance of courts and the encouragement of citizens to defy law on the part of many Southern politicians. It will be the acme of irony, for example, if any one of four or five Southern governors deplore this bombing. It will be grimly humorous if certain state attorneys general issue statements of regret. And it will be quite a job for some editors, columnists, and commentators, who have been saying that our courts have no jurisdiction and that the people should refuse to accept their authority, now to deplore. It is not possible to preach lawlessness and restrict it.'' The South has lost its strongest voice of reason. Hovever, neither the South nor this nation should ever forget Ralph McGill's understanding of our legal system. It was an understanding which was almost simple when stated but which has never been learned by so many people. Too many people, especially in McGill's native South, over the past twenty years did not learn his teaching because he was, by them, considered dogmatic and closed minded. This, to a certain extent, McGill was; he was a soldier fighting for his native land. But his fight was always on the side of peace and progress instead of defiance and oppression. As Robert Frost once wrote, "He is that fallen lance that lies as hurled. That lies unlifted now, come dew, come rust, But still lies pointed as it plowed the dust." McGill made social change in the past easier and his message still lies before us as a lesson to be learned. GEORGIA ^bbocate Editor Associnti^ Editor Associate Editor lutsiness imana^rer Contrilmtors Published quarterly by the students of the University of Georgia School of Low. J. ijunham McAllister A. Thomas Jones Charles Thomas Hicks lyilliam C. Hushnell Eoherl Henham James F. Martin Mrs. Skip (Carole) Spooner Hack Elder James W. lieid iioswell Daniel Weigle Jay Hickey C. Mike Swinford IVilUain Welch I'holofrmphcn Herman Caldwell, Gene Fryer kk DEAN'S CORNER by Lindsey Cowen, Dean At the beginning of this academ ic year, the School of Law enrolled 153 First Year students; in January 126 returned. Most of the 27 who did not return left school to fulfill their military obligations, having entered Law School in the fall with the hope of completing at least a year's work but finding that their Draft Boards would not permit this. For a few of these, letters were written seeking delays in induction on the theory that national policy permitted, or even encouraged, a delay in a call to active duty until the end of the "term" for which the student was enrolled, and that insofar as a First Year law student was concerned that "term", be cause of the nature of the First Year curriculum, was a full academ ic year. At least one response re ported simply that General Hershey's directive authorized de lays only to the end of the quarter, semester, or trimester for which the student was currently enrolled. This interpretation of the draft laws was challenged earlier in the year by a Second Year law student at the Lfniversity of Texas, and in late January the trial court ruled that he was entitled to a delay in induction until the end of the current academic year. The judge held that, under the stipulated facts, and "under the pertinent statutes... the rights claimed by the petitioner to a 1-S deferment to finish out the academic year in which he is now engaged is a plain, unequivocal right given to him by the statute..." This decision, whether or not it correctly construes the federal stat ute, is, from an educational stand-

4 February 26, 1969 SBA NEWS by Jim Martin The S.B.A. is pleased to an nounce that former governor Carl E. Sanders will deliver the 1969 Law Day address. One of Georgia's most progressive governors and a loyal supporter of the University of Georgia Law School, Governor Sanders will give the principal ad dress to alumni, guests, and the faculty and student body on Satur day morning, April 26. As another part of the Law Day ceremonies the Law School Associ ation plans to host its annual a- wards banquet the preceding Friday night. Bill House has done a com mendable job as Law Day chairman and plans for this to be an out standing Law Day weekend. There is little doubt that the Barristers Ball was a success judging from the comments after the dance. Sponsored by the S.B.A., the an nual formal was one of the best in its history. Even the first year class had little complaint with the dance. Oscar Cook, who was the commit tee chairman, deserves most of the credit for its success. Several programs from last quar ter enjoy continued success. The annual curriculum committee, un der the leadership of Charles Hatcher, was responsible for faculty action in requiring signature by I.D. number on examinations and for the appointment of a studentfaculty study of class attendance requirements. Ron Cooper has taken over the chairmanship of this committee for winter quarter; other committee members include Carl Cannon and Pete Glass. The Advanrr Shvvl is currently under the editorship of Tom Jones and is continuing to provide better communication in the law school. Two good programs which are in the revision stage are the book exchange and tiie Swyndlestock So ciety. Student apathy last quarter kept these programs from achieving the success that they should. Hope fully, better student support will help these programs become an integral part of the law school. Several new members have been installed on the Board of Gov ernors. They are Jim Paul, Chief Justice of the Honor Court; Fred Cavalli, Legal Aid Society Presi dent; Dan Weigle, President of Phi Delta Phi; and Tom Hicks, Presi dent ofphi Alpha Delta. DEA.N cont. from page 2 point, a wise one. A student pur suing a substantial number of mul ti-quarter courses is seriously, and perhaps unnecessarily, prejudced by being called to service before he completes that work. Of course, it is not denied that if the national interest requires such a sacrifice, he is expected to make it. But a federal judge has now ruled that Congress has not demanded this sacrifice, and this particular Texas student, at least until the Depart ment of Justice determines to ap peal the decision and is successful in that appeal, will have his induc tion delayed. In all probability, because of procedural delays, he will not now be inducted prior to June Furthermore, draft policy has recently been modified to permit under certain circumstances regis trants ordered for induction to en list in a reserve component of the Armed Forces with a delay of up to 120 days, in reporting for extended active duty with the regular forces. The enlistment in such a program must be accomplished on or before the date set for induction, and, if it is, the order for induction will normally be cancelled to permit the fulfillment of the enlistment obliga tions. Law students who, between now and June, find themselves facing induction, and who want to delay their inductions until the end of the current year, now have cause to believe that such delays will be available to them. Law School Aids Undergrads by Buck Elder Page 3 The Pre-Law Club at the Univers ity of Georgia is open to all under graduates who are planning to at tend law school after graduation or who are otherwise interested in pursuing the study of law. There is no formal membership and no re quirement that one plan to attend Georgia Law School, though the main purpose is to acquaint under graduates with our Law School. The club functions under the co-sponsorship of the School of Law and the Student Bar Associa tion. Mr. John Corry and Professor John Murray are the sponsorrepresentatives and advisors from the Law School; there is also a law student advisor representing the S.B.A. The club elects its own officers, a president and a secretary, who serve for the entire year. They, along with the advisors are responsible for planning the programs. At the first meeting this year, in early fall, the advisors attempted to give a rundown on the Law School, including such things as entrance requirements, costs, studying and undergraduate preparation. David Fox, a junior from Atlanta and John Hotard, a sophomore from Atlanta, were elected officers for Dean Lindsey Cowen was the featured speaker at the second meeting. He conducted a delightful and interesting discussion on the study of law and the opportunities that await law graduates. Plans for the remainder of the year include a seminar with several members of the Athens Bar, hope fully discussing the life of a lawyer after law school. The club also hopes to bring in outstanding fig ures on the state political scene for a later program. During the spring the S.B.A. is planning to show the pre-lawyers that law school is not all work and invite the club mem bers to one of its splashing spring socials.

5 Page 4 February 26, 1969 FRATERNITY NEWS P. A. D. mented with several outstanding join in our efforts and make this a by Tom Hicks course outlines published by PAD, successful year. The chapter will have been a complete and beneficial continue to make the alumni success. The chapter has even re- proud, and the alumni can help It may seem bold to state this lented and made these outlines a- more than they know, after last quarter's amazing gains, vailable to other members of the but Stephens Chapter is in the law school at a price to cover midst of what is perhaps its most efforts and expense of publication. Phi Delta Phi successful quarter. This may be In the interests of harmony among attributed to several factors, the members of the law school comhighlight of which was an initiation munity and PAD's dedication of by Bill Bushnell of an unprecedented 19 members, service to that community this was Next quarter is expected to see found to be necessary for the pres- New officers have been elected perhaps as much as twice that ent term. In its effort to encourage to serve the Wilson Chapter Phi number. the other fraternity to provide simi- Delta Phi during Winter and Spring Another factor in our success lar services for their pledges, PAD is Quarters. Those installed were Dan was an outstanding "Las Vegas allowing those pledges access to its Weigle, Magister; Jeff Davis, Ex- Nite" party which was the master- work-product. Perhaps, through chequer; Tom Lane, Clerk; and Bill piece of Craig Goodman. Craig vol- this exposure, this class of pledges Bushnell, Historian, unteered to design this event and he will appreciate the value of such a Once again Dennis Cathey, the and social chairman Jim Walters put worthwhile program and see that Mountain City Flash, was unanitogether an evening so successful next year's class is not left without mous choice for social chairman, that the brothers were asking the it. And once again "our boy" came following day when the next one Last but not least in the quarter's through with the most for the least, would be. After all, how can you triumphs was a successful and en- Always on the lookout for new lose with roulette, chuck-a-luck, lightening District Conclave. Justice talent, Dennis landed the "Golden wheel of fortune, black-jack, mixed Tom Hicks and Craig Goodman Archades" to play for the sub-social drinks, beer and $100 worth of represented Stephens Chapter at event of the year. The "Bums'Ball" prizes. the Conclave, hosted by Emory had to be just that. At 8 P.M. on The PAD "gavel club" got off to University in Atlanta. At the var- February 8th the Lumpkin Barrisa fine start. Led by A1 Bowers, this ions workshops the Stephens activi- ters, most of whom had not recov- Wednesday night event will prove ties were highlights of discussion, ered from the night before, moved to be one of the most valuable Other chapters represented bor- in for the final weekend extravaexperiences we will have while in rowed several of our ideas for utili- ganza. law school. The Alumni Research zation at their own schools. For its Buck Elder, who looked his usual Service has met with continued substantial gains in the past year, self, certainly appeared to be the success. Alumni are reminded that Stephens Chapter was recognized as Best Dressed Bum. Yet, it was no part of the money paid for research first runner-up for the Most Im- other than "Hog" Foster who stole done by the brothers is to be used proved Chapter Award. The winner, the show when his brothers found in our proposed scholarship fund. Mercer University, multiplied its him wallowing in the water. Even This service is providing many a- membership tenfold in the past when the party was over the band lumni around the state with valu- year from 4 to 46. This, indeed, played on and left all the Barristers able, complete and tax-deductible warrants recognition. in "good shape" to approach final memoranda on much of their case The most important thing exams. Only those who attended work. learned at the Conclave was the could describe the Bums' Ball, as it The Academic Aid Program, un- importance of an active alumni really was.some party, der the tireless efforts of Joe group, chartered and working hand Magister Dan Weigle has also Anderson has surpassed all expecta- in hand with the chapter. This will announced that Initiation will be tions. With nearly 100% participa- be the paramount project for us in held Spring Quarter for those tion by first-year members and the next year and all interested pledges who qualify for memberpledges, the review sessions, supple- alumni are strongly encouraged to ship.

6 February 26, 1969 Law Dames Keep Busy with Activities by Carole Spooner mm t Since the flu epidemic hit so severely in Athens, Law Dames was forced to have only one meeting, a "Game Night." It was merely a fun and relaxation night when wives could play bridge. Password, Hearts and other games. Refreshments were served and everyone enjoyed the time for fun and conversation. Law Dames is the Law School organization of wives of law stu dents and all wives are urged to attend and participate. The next activity Law Dames sponsored was a Chinese Auction. Each girl brings two or three ob jects and upon her arrival the ob jects will be placed on display. Everyone will have a chance to bid on the objects that they deem desirable. No money is involved and the auction always proves to be great fun. Everyone goes home with at least two prizes! Another program will be an in teresting presentation on "How to Buy Antiques" by Mrs. Kirby Turnage who is in the antique business. Mrs. Wendell Ridlehoover of Quincey, Florida will highlight a program that should prove to be very interesting. She will present a "Beauty Forum" on proper make up techniques. Each of the girls will be given materials with which to practice as Mrs. Ridlehoover gives directions on how to make the most of our facial features. After the program, the make-up can be purchased. A trip to Rich's is being planned where a fashion show and luncheon will be presented for the Law Dames. Other meaningful activities will include the preparation of Easter treats for the children of the Hopehaven School for the educable men tally retarded of the Athens-Clarke County area. Justice "Pigmeat" Marshall Presides overtrial of Lumpkin Lecher at Libel Party. Libel Party Attracts Notables by Jay Hickey Saturday night, January 25, the 2nd year class staged the annual Libel Party at Charlie Williams' Lodge. With the special assistance of Phi Delta Phi Legal Fraternity and donations by members of the law school, Milt Howard and The Thrillers were able to appear as scheduled at 8:00 P.M. The Band played until 9:30 when the annual Libel skit began. Retaining the imminent Melvin Belly (Dennis Cathey), the Second year class proceeded to stage a mock trial to uncover the infamous and notorious "Lumpkin Lecher" from amidst many star witnesses who, remarkably, resembled mem bers of the faculty. On a special return trip to Georgia, Justice Thurgood "Pigmeat" Marshall (Bob Benham) brillianty presided over the tribunal in true "Here Come De Judge" Fash ion. After Justice Pigmeat noted that he had plenty of time and that he was sure someone was going to serve some, prosecutor Belly filed a Kathy Pursley is now serving as President of Law Dames, Carolyn Cooper, vice president, Barbara Thompson, secretary and Carole Spooner, treasurer. motion to dismiss which was denied by the judge who commented there would be no "files" in his court. During the course of the next hour, the ' Lumpkin Lecher", standing accused of piercing the Secretarial Veil, was not uncovered, although many "primed" suspects had been interrogated. Among the highlights were appearances by Wiley "Beau Brummel" Davis, "Barf" Beaird, "Chi Chi" Rodrigiez and "Coach Y.A." Turnage. Other notables were "Foul Mac" Player, Col. "Bringem Back Alive" Murray and "Ringo" Jackson. Finally, it was discovered that the victims had been married all along and Melvin Belly, in a bril liant alcoholic closing statement, revealed the true Lumpkin Lecher as the failure of Communication around the Law School. With the aid of ten kegs of beer furnished by the Student Bar Asso ciation, the audience, made up of students and faculty with wives and dates, seemed to thoroughly enjoy themselves. Responsible for the success of the party and skit were, above all, the good sense of humor and sportsmanship shown by the fac ulty and secondly the cast and writers of the skit.

7 Page 6 February 26, 1989 A Public and Legal Concern by A. Thomas Jones "Law and order", that is all we hear today. It was the critical issue in the past presidential campaign and will remain in the forefront for many years to come. We, as future lawyers, will be greatly concerned with this problem because lawyers and law enforcement officials repre sent law and order in the eyes of the public. Therefore, it is impor tant for us to understand how our counterparts operate. Let us assume that the Athens Police Department is a typical law enforcement agency. How much money would you think a rookie patrolman earns? If your guess was about $5,000 a year, you were right. Well, $5,000 a year is not too bad; but when you consider the fact that the police chief earns only $9,100 a year, it creates an entirely different situation. Would you put your life on the line every day for $ 110 a week? Think about it. I don't think I would. The police force consists of fif ty-four persons. This includes ev eryone from the police chiefto the meter maids. This figure is broken down to include: five detectives, four meter maids, three secretaries, and the remainder are officers and patrolmen. These policemen work in alternating eight hour shifts, changing shifts monthly. As for training, the rookie is sent to the Atlanta Police Academy for three weeks basic training. The rest of his training is on the job the learn by experience method. When we consider these elements, it is surprising that the police depart ment is as efficient as it is. What is the public attitude to ward policemen? Most of us believe that because he wears a uniform, it makes him different. But he is only human and makes human mistakes. What would you have done in Chicago when bottles and bricks were hurled at you? Would you stand there and take such abuse? No, you would retaliate violence for violence. However, a policeman is a public servant and, therefore, subject to public condemnation when a mis take is made. This is the way it should be. After all, a policeman is a public servant and we should demand the utmost from him. However, we, as private citizens, ignore our responsi bilities when all we do is make demands without becoming involv ed. Athens, with its growing prob lems, is no different from any other police force. Until the public be comes less apathetic and gets in volved in these problems, law en forcement will continue to be plagued with difficulties. This is the first step toward attaining and maintaining law and order. MOOT cont. from page 1 compete in the annual Law Day competition in the Law School courtroom. The research and arguments of the Moot Court team must be strictly the students' work because the purpose of the competition is to improve appellate qrgumentation by making the participants self-re liant. The ultimate goal of Moot Court, according to Mr. Player, is a self-administered student program similar to that of the Law Review. UNIVERSITY OF GEORGIA SCHOOL OF LAW ATHENS, GEORGIA BALL cont. from page I cloths. The quiet taste of the Swinging Professionals, a local string and percussion group, lent an air of classical and contemporary bacchanalia with their repertoire of slow and fast tempos. By their attire, the ladies who attended evidenced this year's trend in individuality. Pants dresses and tunics appeared for the first time at a Barrister's Ball as well as a beautiful assort ment of long gowns and cocktail dresses. It was rumored that one of the students had imported a date from Hollywood, but there was no way to distinguish her from the others. The young aspiring attorneys, faculty and guests found much en couragement in the efficient hospi tality of the bartenders. Frequent visits to the bar led to some very interesting dance variations, ranging from the latest step to the well-rehearsed hold-over from college days, and later many of the subpoena-ees could be seen wandering amid the revelers in search of dates and husbands. When found, they were judiciously moved to the far end of the room where, in a roman tic setting before a crackling fire, a well-posed but happy moment was captured forever by the official photographer. Non-Profit Org. U. S. Postage PAID Athens, Go. Permit No. 165