The Witan, 1976-1977 Academic Year, V. 4 No. 1, August 1976

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The Witan, 1976-1977 Academic Year, V. 4 No. 1, August 1976


Antitrust Suit File Against ABA, St. Mary's Announces New Women Faculty, ABA Student Division Meets in Atlanta, Law Placement Office Expanded, Freshman Guide to Survival, Medico-Legal Sumposium Slated


Ruth Russell, John Cornyn, Claude Ducloux, John Redlein, Kay Martinez, Mac Secrest, Bill Crow, John Stempfle


St. Mary's University School of Law San Antonio Texas, St. Mary's University School of Law Student Bar Association, Sarita Kenedy Law Library




The Witan




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Volume 4 No. 1

August. 1976

Student Newspaper Of St. Mary's University School Of Law. San Antonio. Texas

Antitrust Suit Filed Against A BA
EDITOR 'S NOTE : The following is an excerpt from the American Bar News by President of the ABA Lawrence E. Welsh.

On June 25, 1976, the Department of commenced a legal action against ~ American Bar Association under the Sherman Antitrust Act alleging that the Association conspired to restrain competition among lawyers by restricting advertising by lawyers. Actually the Association has no power to restrain advertising. It merely promulgates a model Code of Professional Responsibility for consideration by the state bodies regulating the practice of law. This effort by the Department of Justice to extend the antitrust statutes to prevent such an activity raises constitutional and political problems of fundamental importance to our profession. The question is whether the Department of Justice under the guise of the antitrust laws can dominate the recommendations of the American Bar _ sociation to states which are • mselves exempt from these statutes.
~ tice

improve professional discipline have barely reached a level that enables it to deal appropriately with gross misconduct, let alone policing the subtleties of lawyers' advertising claims. There is also concern that the expense of advertising would bear hardest on the new members of the profession rather than established firms and that all expense would inevitably be passed on to the public. If advertising expenses became heavy enough, they could also serve as a force for concentration of the profession and ultimately reduce the proportion of individual practitioners and small firms.

It is nevertheless recognized that advertising is one of the problems which the profession must keep under active consideration, not because of its own value, but because it is a problem incidental to valuable new forms for the delivery of legal services to the public and in particular to the poor and lower income groups. The Legal Services Corporation, which was created with the support of the American Bar Association, now provides free legal services for the indigent. Prepaid legal service plans (like Blue Cross and Blue Shield medical plans) now
(Continued on Page 6)

St. Mary's Announces New Women Faculty
by Ruth Russell Mrs. Sue Hall, a 1975 graduate of St. Mary's Law School, is the newest member of both the law school faculty and administration. She and her husband, Philip, an assistant administrator in the Drug Rehabiliation Program of the Patrician Movement, have two children; Rebecca, five and Stephen, three and a half (born after her Tort's exam and before Contracts). Before accepting her current position, Mrs. Hall practiced as an assistant D.A. in San Antonio, handling child welfare cases in the civil district court. She also holds a masters degree in Social Work and has been involved in that area for ten years. Her administerial position is titled Director of Placement and Alumni Relations. Focusing on the placement aspect of her job, she conceives her task as being twofold: 1) to help law students evaluate themselves, their desires and their potentials in an effort to achieve some direction and goals prior to gradution; and 2) to help students and graduates obtain jobs. She emphasized the importance of early contact with the office in order to allow ample time for the planning of individual curriculum and activities . The Placement Office will have a regular column in the Witan and plans to set up mini-seminars concerned · with different areas of the law, of practical importance to the law student. Two of the proposed topics for these seminars include "How to start your own law practice," and "Alternatives to the practice of law." Mrs. Hall will also be scheduling lectures by attorneys involved in various fields of law, throughout the course of the upcoming school year. Mrs. Hall also joins the ranks of the faculty and will teach Domestic Relations this fall. She has a great interest in areas \ of law that overlap social work. Assisting Mrs. Hall in her duties as placement director is Pat Turner, placement office secretary. Pat holds a master degree in European History from Villanova. She is married and is the mother of five children. Pat will be happy to discuss with students job listing. resumes, and information that pertains to job applications. (Continued on Page 5)


The claim of the plaintiff is that the restraint on advertising reduces price competition among lawyers and therefore disserves the public_ Although in some fields and as to some products, particularly uniform products, advertising as to price is useful, a heavy preponderance of the lawyers commenting on lawyer advertising have felt that it would not be useful. They are also concerned that advertising has in it the danger of deceit and overstatement. Proponents say that this danger can be controlled by supervision and prosecution. Yet we are aware of the delay and frequent omissions and failures of the Federal Trade Commission, with a staff of thousands, and that there is no comparable agency now capably of . monitoring the advertisements of lawyers. The efforts of the American Bar Association to encourage the states to

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WITAN For this edition I would like to comment on the removal of the coffee pot from the law journal office. Its not a subject of profound ramificating or significance in the total law school experience, nor is it a matter involving constitutional or moral dilemma, yet a few words explicating my observation of this matters seems needed. The pot (coffee) was a means of promoting social intercourse between the plebian class of the law school and the Harper and Row elite. That is to say, the law journal members and non law journal types could intermingle over a cup and it seemed to effectuate an understanding and tolerance between varied elements of the law school population. People of previous stereo-typed dimensions were . seen and appreciated with a new perspective. A free flow of conversation and discussion seemed to promote a learning experience in itself. And of course the caffeine dependency that many of us suffer under was satisfied. It proved a good idea nearly all around because the journal made a few bucks and many students were saved the trouble of migrating further to get that cup they needed. The hassle, as understand it, emanated from two sources. One, the electrical system was overloaded or something like that because of the . simultaneous operation of two twenty cuppers which ended in a fuse or two

August, 1976 being blown. The other problem and truly one of serious proportions was that several faculty members located next to the law journal office were truly bothered by the rather obtrusive roar of these mid morning coffee sessions. Thus, the removal of the pot (coffee) in the end result was perhaps necessitated by the aforementioned problems. That is not to say that therein lies no solution. ' Next to the phone, in the first floor of the library is a small room that operates under the charade of a study room. In actuality it is well known that any student who attempts to study in such an atmosphere does so at his own risk or leisure. There is a constant bedlam of activity that goes on in this room' and although it provides a convenient place to relax and stretch out it has never engendered a reputation for quiet solitude. Thus, assuming that only one twenty cupper is activated at a why not move the pot (coffee) into room? Assuming the doors are closed, noise could be lessened ronsi· dirably thus assuring that the professors would have a more efficacious study and research environment. Also, the journal could again provide a much appreciated service and anyone who seriously wants to study can just as easily go upstairs to study where everyone knows it is always quiet and everyone is extremely courteous and conscientious, ' if not wonderful.

Wita'n Editorial
This year, as in the past, the Witan hopes to keep its readers informed of relevant and important developments on our campus. Whether it be administrative or faculty news, SBA involvements or general matters of inter~st, we provide a forum for the exposition of ideas and viewpoints and a medium of communication for the law student. Again, we encourage participation by all members of the law school community and in the upcoming year will feature items of interest ranging from class schedules to a call for better graduating ceremonies. We envision at this point full Presidential and Congressional campaign coverage, as well as featuring on a regular basis updates from the leaders and directors of various campus programs, organizations and services in order to better inform the local campus polity of events and happenings of importance.

I 1BA Student Division Meets In Atlanta


Editor in Chief ... . ... • ....•.... . Mac Secrest Articles Editor . . . . . . . . . . . . . . .. Kayo Mullins Features Editor . . . . . Claude Ducluox Copy Editor . . . . . . . .... Tony Chauveaux Business Manager . . . . • . . . . Geri Mery Faculty Advisor ............... Wm . Francisco Staff Writers . . . . . John Aldridge, Dave Antonini, Bill Crow, Mike Holmes, Dennis James, Tim Johnson, Barbar Jones, Gregory Koss, Ken Kreis, linda Lampe, Andrew Leonie, Mary Mulally, Tim O'Shaughnessy, Matt Piermahi, Ruth Russell, John Stemple. { Contributors . . . . .. John Cornyn, Stuart King, Kay Martinef'. {o.hp ~e~lein . ,

,by, John Cornyn

(Editor's Note: John Cornyn, St. Mary's S.B.A. President, will keep the student body informed as to developments in student government, faculty and administration relations and other law school events in the upcoming issues of the Witan.) The annual meeting of the American Bar Association/Law Student Division recently' was held in Atlanta, Georgia. Representatives of more than 100 law schools were in attendance including St. Mary's students John Cornyn, S.B.A. President; James Little, ABA/LSD Representative, and Don Nicolini, 13th Circuit Governor of the ABA/LSD. A full schedule of meetings, workshops and caucuses awaited delegates to the flve-day meeting. The business agenda included election of national officers of the ABA/LSD, passage of numerous resolutions (next to be considered by the Board

of Govemors), the second half of the bi-cameral . gdverning body of the ABA/ LSD; educational workshops, a SBA president's caucus, and a variety of committee meetings. \ Of particular importance to the quality of student government at St. Mary's School of Law was the establishment of a nation-wide clearinghouse of data on the activities of Student Bar Associations of ABA accredited law schools throughout the United States. This clearinghouse was established with the hope of providing a source of information on successful SBA-sponsored programs for use by those where such programs are lacking or ineffective. For example, the data provided will cover clinical law programs (the only clinical program at St. Mary's at present is the course in Juvenile Law), student orientation, fund-raising projects, speakers, programs, moot court pro- . grams, student-faculty relations and the like.

Witan is published by students of SI. Mary's Law School, monthly except June and July. The views expressed herein are those of the individual writers and do not necessarily reflect those of the WITAN, its editors, the administrators, or faculty, unless otherwise stated. The Editor is responsible for the views expressed in unsigned articles. Articles in WIT AN may be reproduced and quoted provided that credit is extended to the publication and the author of the article so used, and notice of such use is given to the publication.

August. 1976


Page 3

Law Placement Office Expanded
Attention law students, need a job? Well now there is someone on campus who can help you locate that "perfect" clerking job... or even your first "real" job upon graduation. The new Plac.e ment Office is located east of the Law Journal Office on the . outside of the Law Library Building. Ms. Sue Hall and Ms. Pat Thompson administer the office which also serves as the Law Alumni Relations Office. According to Ms. Hall, only a small number of on-campus interviews are scheduled for the up-coming academic year. A large number of corporations, firms, and government agencies which formerly interviewed on campus a~e finding it more economical to go only to schools with very large student populations. Most of these firms invite Aumes from St. Mary's law students and WI arrange interviews for those who look promiSing to them. However, the expenses attached to the first interview usually fall on the applicant.. .if the int~rview is in Washington, it can be expensive! The on-campus interviews which will be held within the next few weeks are: Sept. 7 Bracewell & Patterson (Houston) Sept. 10 Groce, Locke & Hebdon (S.A.) Oct. 5-6 Exxon-Land Division (Houston) Oct. 13 Securities Exchange Commission Bracewell & Patterson have asked to interview only people in the top 15% of their class. Likewise, Groce, Locke & Hebdon have requested only the top 50% In accordance with school policy, the Placement Office will not allow anyone who is not within these ranges to sign up for on-campus interviews. The Placement Office has established the following, procedure: 1) The student will come to the Placement Office and sign up for an interview time; 2) Within three weeks of the interview the student should bring five copies of his/ her resume to the Placement Office (for the second and subsequent interviews, bring 2 resumes); 3) The Placement Office will send copies of each student's resume to the employer ten days to two weeks prior to the interview. It is imperative that the Placement Office have a resume of some sort. Ms. Hall said that even if the student's resumes are at the printer and won't be back for awhile, it will be necessary to' provide the office with something to send to the prospective employer. Students will not be allowed to interview if resumes are not provided in time.

If more eligible persons are interested in interviewing than appointments are available for, the Placement Office will add the names to an overflow list and send the resumes to the company or firm with the other resumes. The company or firm may decide to allot more time to interviewing.
The Placement Office is also expanding their available information on summer internships - especially with government agencies. Those interested in participating in a summer internship should inform the office of what agencies, firms or areas of the country appeal to him/ her. Also, the Placement Office would like to have a resume on every third year student who might want them to keep an eye out for jobs.

t£al • J mo'U

by Claude Ducloux


1 I
le T


Well, it's the fall of 1976 and once again the law school is open for business. We will all look around and see a few hundred new apprehensive but eager faces ready to attack the challenges of the study · of Those of us who began law school a .: Ie of years ago will think back to t ose unforgettable (no matter how hard you try) first few days of law school. Once again the entering class will be inundated with brochures, introductions, mlmcounseling sessions, and the inescapable plethora of cheap rumors that will accompany them throughout their years of law school.



The Dean is the man who welcomes you to school. He came with the school 30 years ago, and now presides over ceremonies and signs all the documents marked "Dean". He occassionally runs the school when his secretary, Sophie, is sick. (More on Sophie later). He worries about carpets and coffee makers and he talks too loud in the library. Actually, he's not half-bad once you get to know him. Some rebels even talk to him when they don't have · to.

She does everything from running the school to finding ·the Dean's Brylcreem. Sophie is due for canonization sometime next spring.



But it soon becomes obvious that the glowing commercial language of the official brochures describing restaurants, school affairs, and the various student activities, opportunities and duties doesn't really tell the true story. I remember how I wished that someone had really told me the true story of what to expect at St. Mary's Law School, i.e., those tidbits of true information , which the brochures cannot possibly describe officially. So here it is, the official "Lawschool Lowdown and Plebeian's Guide to SurvivaL" (LLPGS) (The LLPGS is categorized for easy reference during emergencies).

At St. Mary'S, a fervent respect for our secretaries is absolutely essential for any attempt at future success and happiness. They can make you or break you. One law student once went into the office with a chip on his shoulder and was never heard from again. If you value the accuracy of your social security number, you will not cross the staff. If you really have an absolutely calamitous administrative problem, Sophie Olfers is the one to see. Sh~ should be in the Guinness Book of Records for greatest patience in the face of adversity.

When I started law school two years ago, we all used to do things like study, read, write papers, and look up cases in the library. Lately, the library has become much more exciting. Parties, shouting matches, occasional secret picnics, and paper airplane dogfights have done a lot to enliven the once dull, studious spirit of the library. Fortunately for this incoming class, many of the paper pilots and picnickers have graduated, so maybe we can all begin to study again (that is, if you make a reservation for a seat two nights in advance). Downstairs in the library, the Law Journal has its office. This is where you will learn which abbrevi~tions to underline, and in what order. It's lots of fun, as you'll find out next semester. Since there are too many professors to introduce in this Guide to Survival, I'll concentrate on those which will come into contact with the freshman:
(Continued on Page 6)

Page 4




* Tb Sf«Wi6t *
These are only a few representatives the book's sweeping look at one period our history. The characters are as ironically perceived, and intertwined as the minior Dickens novel. They are not for Doctorow's vision is a comic found the book engaging and amusing, the style is unconventional, and may off·putting to some readers. His novel, The Book of Daniel, is even and is more conventional in form (it has plot, for example). This excellent work been released in paperback to coincicl. with the success of Ragtime, and available in most shopping mallbookstores. Looking for Mr. Goodbar, by Rossner, is more traditionally than Ragtime. It is based rather on the murder of a young woman she has picked up in a New Y bar. Rossner tells us in the first occurred, so this is no murder The novel seeks to understand the and how she moved from her upbringing in the Bronx, through liberal and intellectual milieu of College, for which she is emotionally unprepared, to the lonely world of pick-up bars. Some of the characters are weD drawn (an egotistical college professor who romances adoring students; the heroine's older sister, a vacuous beauty who is "into" the latest group therapies) and the story is interesting.

Typical 1)uke 13uff'3 eyeby John Redlein In his latest film John Wayne portrays John Bernard Books, the most infamous gunman or "Shootist" of his time. Books' time, it seems, is nearly over. Having been diagnosed as a terminal cancer case in Colorado, he rides into Carson City, Nevada for a second doctor's opinion, learns the worst, and begins to prepare for the end. Those preparations are interrupted by: a scheming reporter who asks such questions as, "Are you by nature bloodthirsty?,,; an undertaker (John Carradine) who would put his remains on display and charge admission to the curious); an old flame (Sheree North) who proposes marriage simple to capitalize on his name so she can write "A real corker" of a biography; and an attractive widow (Lauren Bacall) who wants nothing from 'him, and at first, nothin_g to do with him. Tired of people pawing over his death, nd in spite of the attractive widow, Books decides to pick his own time and arranges a showdown with the town's three nastiest characters at the local saloon just what all John Wayne fans pay to see. "The Shootist" however, offers a bit more than the usual John Wayne Western. In the "True Grit" vein, Wayne plays a character at least approaching his own age. At fifty·eight, Books' bones creak, he huffs and puffs, and he carries a small pillow to pad a weary rump. It is a credible performance from Wayne. Whatever he has lost in agility he has more than made up for in depth of facial expression. A jowly Jimmy Stewart is perfectly typecast-pardon me, I mean cast-as an empathetic physician. Lauren Bacall gives a crisp performance, and although still alluring seems startlingly aged. Richard Boone, with only about ten lines and a couple of rather bizarre hand gestures reminds us that he is far more than just another ugly face. Harry Morgan, playing second stage to his overlarge hat and gun, gives a somewhat comical characterization of the town sheriff. Technically, the film \ is varied. The location shooting was very well done. Street scenes, particularly, were remarkably realistic. Period costuming of Miss

Bacall was excellent. Good use was made in several scenes of natural lighting. Camera angles on the other hand, were often too severe, and a couple of scenes were shot from a disconcertingly hand-held camera. Some story continuity was sacrificed by a heavy· handed editing job which necessitated the insertion of "First Day", "Second Day", etc. captions. On the whole "The Shootist" was very enjoyable. It was worth anybody's money at the matinee, and for John Wayne fans a must. It was his best work since "True Grit".

while toiling in a factory, so dishonored, has turned her out refuses to allow his daughter to their tenement apartment for fear she will be likewise ruined. Evelyn is fascinated by Tateh's apparent grasp the historical signifcance of their and through him she meets Goldman, an early feminist and an"r",n"u_ Meanwhile, back in New Rochelle, signs on Admiral Byrd's polar ex~,editiOl~. and Mother becomes unwittingly ;n .."h,," in the tragic romance of her maid Coalhouse Walker, a ragtime pianist acquaintance of Scott Joplin) of pyt.rpn' " dignity and principle, who is driven violence.


by Kay Martinez


Now comes the beleaguered law student into his local supermarket, and he looketh for something to read7 Preferably something without section num,bers or footnotes, and with slightly more plot than the UCC. Perhaps something to take his mind off the fact that all the professors are in Acapulco and the grades aren't up. If The Cross and the ,Switchblade isn't your trip, two bestsellers now widely available in paperback might provide some diversion. Ragtime, by E.L. Doctorow has been highly praised and has been a bestseller for months. Its subject is America in the 1900's, but Doctorow gives us a caricatured version of history, much of it seen through the eyes of an upper-middle class family in New Rochelle, New York (referred to only as Father, Mother, Younger Brother, etc.). He also employs historical figures of the era. Houdini is seen as a mother fixated neurotic, despising his audiences for their love of the sensational and their failure to appreicate the artistry of his escapes. Evelyn Nesbit (the Girl in the Red Velvet Swing, who was the cause of Stanford White's murder by Harry Thaw) is portrayed as an emptyheaded, almost catatonic beauty who is loved from afar (and then closer) by Younger Brother. With a vague sense that she has played a part in history, but unable to understand the _ events which surround her, Nesbit becomes involved with the novel's other fictional family, also nameless. These are Tateh, an immigrant Jewish father who becomes an angry, leaflet-passing Communist, and his small daughter. Tateh's wife was raped by her supervisor

Tip T Goad Skop 0fJ:
by Mac Secrest For those of you who have followed my reviews of restaurants and their Bill Fares are of course cognizant of the fact that I only recommend those establish· , ments with a special flavor, not only in the



taste of the food or beverage but in the atmosphere, service or other element of enjoyment derived from the total eating experience. And because this is the first edition of the Witan for the upcoming year I present to you my favorite restaurant in town, a review, a critique, a tribute. Tip Top at 2~14 Fredericksbur~ Rd. is not just a cafe', a purveyor of fried food specialities and a friendly luncheon and dinner place; Tip Top is the epitome, of satisfaction, the quintescence of enj?yment. The atmosphere is "1940 roadside cafe." For your dining adventure you can occupy a number of stations throughout the premises which range fro~ stools at the counter, one of approximately 8 tables, or one of the newly upholstered booths. Wherever you sit,. h~wever: rest assured that you too will Immediately perceive why Tip Top enjoys the respect of so many of its "family" of Tip Top probably operates .on about a 97% turnover business whl~h means whoever eats a.t the. cafe, will return again and most likely III the very near future. Rarely do I go in there f~r dinner or lunch and see a new face. !h~t s not to say I know everyone there, It Just means that many times in the pas.t we have seemed to have eaten dillner "together" before. It's hard to fill you in on the history of this institution because it antedates my existence. But it really makes no difference. Nothing has really changed. Still the DeWese's own and run the operation. More or less t he same waitresses serve the clientele, although there is quite conspicuously absent, Gay, waitress that I have ever met. If been a Tip Top Family member 3 or 4 years ago you would know of what I speak and how her absence leaves a void for us all. The same cook (fryer) still runs the kitchen and James or his dad Mr. DeWese will rarely be absent from the premises. . . So what makes Tip Top what It IS? Consistency. That is not to say the food is manufactured to exhibit no variance in form or preparation, but it does mean that the flavor captured by special processes of cooki g and baking can be expected to be enjoyed repeatedly, without disappointment. And if one considers the importance of such a quality in a restaurant, he or she will be on the way of developing an acui..:quality of discrimi~ation in judging eating places. The menu is varied, Southern style. There are numerous steaks and chops to select from, as well as Mexican dishes and seafood. Sandwiches, some 19 in variety, range from fried ham to oyster sandwich on bun with cocktail sauce. You can get a

LIOid6 Ragfbtte

* 9Hdiq~Wm .
cold plate, enjoy 10 salads and there IS even a Kiddie Korner. How thoughtful. But the "biggies" are fried chicken, a.nd chicken fried steak, homemade omon rings, fried chicken livers, homemade chocolate and fresh banana ice box Fried chicken is probably my favorite. You get too damn much but who .an I to complain? But honestly, the specialty ?f the house is chicken fried steak and that IS what I recommend the first time out. You get no cutlet here. They use slabs. off the hind quarters which means pure c~unks ?f round steak, specially prepared-Ill their famous batter which produces the fantasy of fried food. Also, order some onion rings which are at least 3 times bigger than most orders you will find elsewhere. And finish off your frenzy with a cup of stro~g coffee and some banana cream ice box pie. Have you ever wondered what life is all about or what is the reason for our existence? This can help explain the answer. Prices range generally from $1.75 & $2.50 evening from 7:15 on to 8:00 (Closing hour) . But go, be cheerful and experience Tip Top. You too can become a family member and probably will. If you see Frank or Tim tell them they owe me a chicken fried steak.


Page 5

Women Faculty
(Cont. from Page I)

Last year, Mrs. Shirley Butts was familiar to St. Mary's students a~ an adjunct professor, teaching. ProfessIOnal Responsibility and J~vemle Law. In conjunction with teachlllg, she was also actively involved in criminal and ~ppellate practice in her husband's law flI'm. This summer, Mrs. Butts has. been gradually phasing out her law practlc~ to meet her new role this fall as an associate professor at the law school; She ~ill teach Civil Procedure I, which she conslde~s one oJ the more important courses III la~ school; and will also conduct a course. III Juvenile Law. As she enters her thlI'd semester of teaching this subject, ~he insures that her students take an active part in the educational process. by assigning a participation type proJect . . during the course. Mrs. Butts will also teach Crlmillal Law this semester . She has expressed her opinion, t hat in the past ten years, the field of criminal law has undergon~ va~t changes requiring a special expe.rtIs~ III the area for an effective and conSClenclOUS practice.

, J

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Page 6


August, 1976

Medico-Legal Symposium Slated
by Bill Crow A three-day conference entitled "Aspects of Psychiatry and t he Legal Process" will convene in San Antonio early next week. The symposium is expected to bring together military and civilian professionals from several disciplines to discuss controversial areas of law and medicine with regard to the psychiatric patient/client. Emphasis of the discussions is directed toward the emerging field of mental health law. The program is jointly sponsored by the University of Texas Health Science Center at San Antonio; Wilford Hall, United States Air Force Medical Center; and the Criminal Law Association of St. Mary's School of Law. The first program of the conference will begin at Wilford Hall on Monday, August 30, at 8:45 a.m. Subsequent programs will be held on both the medical and law school campuses. Topics to be dealt with during the program's three-day run include "Privileged Communications in the Military", "Aspects of Child Advocacy", and "Informed Consent". Professors of law and psychiatry from the University of Michigan, Texas, and Virginia and from Wayne State University will be guest commentators for the meeting. The law school will host participants of the conference at two separate programs in the law classroom building. On Monday, August 30, at 7 p.m., "Privilege and Confidentiality" will be discussed by a panel of law and psychiatric professionals. Among the distinguished participants in the planning and execution of this program is L. Wayne Scott, associate professor of law at St. Mary's University. Two nights later, on Wednesday, September 1, at 7 p.m., t he conferees will address themselves to the problem of "Dangerousness", as the conference draws to a close. Although the entire conference is free to law students and registration will be allowed at the door for each separate program, interested persons are neyertheless encouraged to register in advance by calling the UT Health Science Center at 696-6295, or by writing to Continuing Education Services, c/ o UTHSCSA, 7703 Floyd Curl Dr., San Antonio, Texas 78284. Further information will be posted later this week as to exact location of events scheduled elsewhere during t he conference.

(Continued from page 3)
Prof Francisco: likes getting up early in the morning; drives a 240Z; Expert on classroom Melodrama. Prof Scott: Eats a breakfast cereal called "Grumpies". His office contains the entire Southwestern Reporter System in Xerox form, 1 page at a time. He'd rather /2 footnote than eat a filet. Prof Cantu: He's an American, and don't forget it. Dr. Reuschlein: Writes new material for the Bible. Don't get caught absent in his class. Prof Hobbs: Don't let his mild-manner fool you. He'll mark you down "unprepared" faster than you can think up an excuse. Prof Leopold: Boerne Burgermeister. Champion of explaining the inexplicable, and yet leaving you with a post-hypnotic suggestion to forget it all as soon as you leave class. Mr. Ferguson: Try not to get him confused.

There are several school wide activities that take place during the school year. Red Mass (late October) is the traditional offering of mass for all those in the legal profession. It's one of the very few "free" activities we've got, so don't miss it. After Mass, the party usually moves somewhere else. The Oyster Bake (late spring) is a University activity on campus, but associated loosely with the concurrent Fiesta downtown. There are all kinds of booths and food, and generally a good time, and indigestion, for all. Assault and Flattery (Spring) is the annual lampooning of the law school, concentrating on the professors. It's free, with food and beer for all, and has turned out to be an extremely enjoyable event, mainly due to the brilliant writing and direction of the show in the past two years. If you're a singer, dancer, or natural impersonator, you'll want to be in this one.


Antitrust Suit
provide service for over 800,000 individuals. Under these plans a person for a relatively small annual payment is assured of legal services from a panel of lawyers should he need them. In addition, experimentation is going forward with legal clinics in an effort to find whether greater simplification, efficiency of operation, and high volume and routine types of service can be made available to the public at a rate lower than those of the average practitioner. I ( , Each of these efforts to improve delivery brings with it the problem of advertising. If these plans are to be fully useful to the pUblic, the public must be told about them. On the other hand, some lawyers competing with these plans complain of discrimination. Specialization which is expanding in several states raises the additional need for a lawyer to inform the public of his specialty. These problems and the incidental relationship of advertising have been under active consideration by the Association, and the subject of exchanges of views between the Association and the Department of Justice during the past year and a half. They were sharply focused a year ago when the Supreme Court of the United States in Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975~ , held that the legal profession was not

(Continued from page 1)
exempt from the antitrust laws. Following that decision, the ' Standing Committee on Ethics and Professional Responsibility reviewed the Code of Professional Responsibility with particular emphasis on the problem of advertising.

The Committee made available for this conference a discussion draft which proposed a substantial liberalization of lawyer advertising. It was distributed to every state and local bar association with a request for comments. Numerous comments were received. The preponderance was against the wide liberalization proposed. As a result, the Committee narrowed its draft and recommended to the House of Delegates at its midwinter meeting a less extensive change. It recommended that the material heretofore included in law lists be expanded to include a statement of preferred areas of concentration and a statement of a fee for first consultation, plus a statement as to a range of fees, provided that all of the contingencies were adequately outlined. After three hours of debate, the House of Delegates substituted a somewhat similar proposal drafted by the Committee ~n Professional Discipline. The proposal as adopted permits the inclusion in law lists
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August, 1976


Page 7

/Antitrust Suit
of statement of the fee for first consultation, a statement that an estimate of fees will be made available at that first conference, and a statment as to credit arrangements. It went further than the proposal of the Ethics Committee by authorizing the publication of all of the law list information in the classified pages of the telephone directory. Thereafter, the Ethics Committee resumed consideration of the problem. In addition to its continued responsibility for further consideration of its December discussion draft, it addressed two questions arising from the action of the . House: the first was the issuance of an opinion that consumer groups as well as any other reputable group could publish law lists; the second has been the revision of a complicated proviso which the House included to emphasize the control of the states and suggesting a possible use of state approved forms. This will be submitted to the House of Delegates in August after concurrence has ·been sought with the Committees on Law Lists and Professional Discipline. On May 24, 1976, the Supreme Court decided Virginia State Board of Pharmacy v. Virginiz Citizens Consumer Council, No. 74·895. It struck down a Virginia statute which prohibited advertisement of the prices of prescription drugs. It found that these drugs were in fact almost always prepackagaed and that there was no true professional service in counting them out for delivery to an individual. It held the First Amendment protected, t o some extent, commercial as well as ideological communication; that the prospective recipient of the communication had standing to claim this right; and that the restriction on price advertising to these uniform, prepackaged and 'standardized

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Association is open to any person who is a member of the state bar in good standing. The First Amendment of the Constitution of the United States provides: "Congress shall make no law respecting of religion, or an establishment prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Gove.r nment for a redress of grievances." The Supreme Court has recognized a First Amendment right to attempt to influence the passage or enforcement of laws, and that the Sherman Act is inapplicable to such attempts. In Eastern R.R. Presidents Conference v Noerr Motor Freight, Inc., 365 U.S. 127 (1961), the Court was confronted with a Sherman Act suit brought by motor truck operators and the Pennsylvania Motor Truck Association, alleging that the defendant had used an unfair and deceptive public relations campaign to secure state weight limi~ and road tax legislation adverse to the truckers. The SupL"eme Court unanimously held that the Sherman Act has no application to attempts to influence the passage or enforcement of laws: ..... To hold that the government retains that power to act in this representative capacity and yet hold, at the same time, that the people canot freely inform the government of-their wishes would impute to the Shermlln Act a purpose to regulate, not business activity, but political activity, a purpose which would have no basis whatever in the legislative history of that Act. Secondly, and of at least equal significance, such a construction of the Sherman Act would raise important Constitutiomil questions. The right of
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drugs violated the First Amendment of the Constitution. As soon as this opinion was published, the Ethics Committee undertook a study to determine whether there were aspects of the practice of law which were analogous to the standardized vending of prepackaged drugs. The Committee has established a subcommittee for this purpose which is working with the American Bar Foundation in the planning of the study. More recently, I have asked the Committee to address specifically the problem of the possible discrimination resulting from permitting certain plans for the delivery of legal services to advertise but not permitting other lawyers in competition with these plans to have the same privilege. Lawyer referal advertising which might have solved some of the problems with which the profession is now confronted has been inadequate in the past. The Board of Governors has recently approved a greater expenditure of funds of the American .Bar Association for use in the development of more effective advertising and the promotion of its use by state and lQcal' bar associations.
Legal principles involved

In the performance of its work, the Association has cooperated frequently with the De'p artment of Justice, with the Judicial Conference of the United States, with the Advisory Committees of the Supreme Court, and with countless state organizations and governmental entities. It has not . certainly within recent years - attempted to impose upon i't s members any standard of conduct other than that of compliance with the 'law and court rules of their respective states. Membership in the


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August, 1976

Moot Court Slates 'all/Spring Activitie_
by John Stempfle The Moot Court Board will sponser two competitions in the Fall and Spring semesters. During the Fall '76 semester the Walker and mock trial events will be held. The Walker competition is a simulated appellate court event in which each team argues a total of four times in two consecutive nights. Though arguing as a team, scores for the individual participants are kept. The four highest scores after the preliminary ro~nds qualify for the finals. The four finalists will then argue before a panel of local judges with the two highest scores advancing to the regionals. The third member of the team will be the winner of the best brief as evaluated by local attorneys. The preliminary rounds will be judged by local attorneys with three present during each round. The Walker competition and mock trial are only open to upperclassmen. First year students are enc.o uraged to attend as many rounds as they are able to, as well as act as time keepers or as witnesses for mock trial. The mock trial program will begin shortly after the Walker competition ends near the end of September. The mock trail program attempts to simulate a trial court atmosphere with witnesses being presented by both teams. The opposing counsel is given the opportunity to cross-examine their adversary's witnesses and to make objections when appropriate. Depending on the number of teams, mock trial will either be a single or double elimination tournament. Scores are kept as a team, not as individuals. Local attorneys will preside over the preliminary rounds with a panel of three attorneys presiding over the finals. The ' winn'ing team will represent St. Mary's in the State competition. In addition, the mock trial faculty advisor, Prof. Black, Mr. Morton Baird, a local attorney who has coached moot court events at St. Mary's for the past year, and the moot court board will choose two or three other mock trial participants to compete in State competition. In the Spring '77 semester the Norvell competition and Freshman Moot Court are scheduled. The Norvell competition, limited also to upperclassmen, has a similar format to the Walker Competition, except that in the final round there will be six students with the highest three scores advancing the regionals. A separate award will also be given for the best brief. Freshman Moot Court is administered in conjunction with legal research and writing. Again, depending on the number of teams participating, this competition will either be a single elimination tournament or each team will argue twice, and those with the best records will advance. Scoring is by team and each competition is argued before three upperclassmen who have been participants in previous competitions. A best brief award is also given. Last year St. Mary's became a member of the Order of the Barristers which is a national honors organization recognizing excellence in oral advocacy and participation on the moot court board. Based on the number of participants in all four competitions, St. Mary's chooses several members for the Order of the Barristers. Last year a joint facultystudent committee made the initial selections. A special honorary Order of the Barristers award was also given to the moot court board's faculty advisor, Prof. ,Orville Walker, for his years of dedicated work promoting moot court activities and advising the board in administrating all the events.

Antitrust Suit
petition is one of the freedoms protected by the Bill of Rights, and we cannot, of course, lightly impute to Congress an intent to invade these freedoms." 365 U.S. 137-38. (Footnote omitted.) In the present suit, the Justice Department makes the same arguments that were rejected by the Surpeme Court in Noerr. The Association promulgates a model Code for the states. It does not have the power to enforce it, and Noerr demonstrates that the Sherman Act cannot be used to prevent the Association from urging the states to adopt this Code. The Supreme Court reaffirmed its position in United Mine Workers of America v. Pennington, 381 U.S. 657, 670 (1965), stating that "Noerr shield from the Sherman Act a concerted effort to influence public officials regardless of intent or purpose." (See also California Motor Transport Co. v Trucking Unlimited, 404 U.S. 508 (1972).) The rights of groups to assemble in order to become more effective partisans has been dramatically asserted by the Supreme Court in a series of cases growing out of the activities of the

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raising issues relating to advertising. That action has been argued to a three-judge court and its decision is now awaited. In addition to the question which would be raised by the government action, there are equally important constitutional guestions which I are raised by the plaintiff in that case, but which cannot be raised by the Department of Justice because of its lack of standing. The court also has before it the question of whether the American Bar Association is a proper party. Nothing is gained in the resolution of the advertising question by this last minute effort by the Department to project itself into the controversy, but we are all damaged by the ugly picture of the Department of Justice attempting to dominate the professional regulation of laywers. The advertising issue is only one of many areas in which the antitrust laws can be a guise for Justice Department instrustion. Because this is a matter of fundamental concern to the profession, this report is submitted to insure t hat all members of the House of Delegates are promptly made aware of this state of affairs. There will be a further report at the Annual Meeting in August.

National Association for the Advancement of Colored People. In NAACP v. Alabama ex reI. Paterson, 357 U.S. 449, 460 (1958), the Supreme Court held that "[ilt is beyond debate that the freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the liberty assumed by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech." The final aspect of this bizarre action by the Department is that even if the Department prevails, it will achieve no relief against the 50 states which actually control the conduct of lawyers. The American Bar Association cannot obtain the desired relief by its own action. The value of its advocacy will be destroyed by its loss of independence. Conclusion At the time this action was brought, there was pending in a federal district court of Virginia the case of Consumers Union of America, Inc. v. American Bar Association, C.A. No. 75-0105-R, an action




Ruth Russell, John Cornyn, Claude Ducloux, John Redlein, Kay Martinez, Mac Secrest, Bill Crow, John Stempfle, “The Witan, 1976-1977 Academic Year, V. 4 No. 1, August 1976,” St. Mary's Law Digital Repository, accessed December 9, 2019,

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