The Witan, 1976-1977 Academic Year, V. 4 No. 4, November 23 1976

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The Witan, 1976-1977 Academic Year, V. 4 No. 4, November 23 1976


Cornyn Speaks Out on Finances, Law Graduates Unprepared, Bar Admissions Reach Record High, United States vs. People of Dogpatch, Kim Answers Your Legal Questions, Fruit Salad Marble Swirl or Angel Food?, River of Milk


Jeffery Wentworth, John Cornyn, Kayo Mullins, Buddy Luce, Kathy Cardone, Claude Ducloux, Kim Weixel, Victor Hugo Negron, Pablo Bustamante, D. Callaghan


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




English, en-US





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Vol. 4 No.4

November 23, 1976

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

Cornyn Speaks Out on Finances
by John Cornyn

In the last edition of the Witan I promised to report back to the student body on the Student Bar Association's investigation on how your tuition dollar is spent. Due in part to the a cious cooperation of the University ~ Law School administrations we are able to report some illuminating facts. A degree of caution should be used in analyzing the following figures because like all statistics, they can be manipulated in a variety of ways with each bottom line producing a different , and frequently not too accurate , result. My objective is to point out as simply and clearly as possible how much of the money yOU pay as tuition really goes to finance some programs with little or no benefit to the law student. It is my opinion that a vast majority of the complaints that law students have. about the quality of their academic _ social life at St. Mary's are directly _ eable to a lack of money. But you, as I, may ask , "Why , when our tuition is $80 dollars an hour (all indications are that it will be raised even higher shortly), do we not see more for it?" It is hoped that the following discussion will be helpful in arriving at an answer. Presently a typical undergraduate student at St. Mary's pays $58 per semester hour plus an activity fee of $20 a semester ($30 for dorm students). At some point in the past it was decided that instead of the law students paying a separate activity fee, a portion of the money paid in the form of tuition would be remitted to the Activity Fee fund. Presently the law students' contribution is just shy of $27 ,000.00 per year, which, given 650 law students figures out to about $41.00 per law student per year. That in itself really doesn't apear to be an untenable situation but the breakdown of where your activity fee is spent may cause some concern.

ACTIVITY FEE Rattler .... . .............. $9,000.00 University Student Senate . $15,000.00 University Swimming Pool .. $1,000.00 University Health Center ... $15,250.00 Athletics ................ $80,000.00 University Center ......... $32,000.00 Law Student Services . ..... $7,700.00 Total Expenditures Out Of Activity Fee ....... . .... .... ....... $165,950.00 Total Law School Return .. . .. . . .. . . . $7,700 .00 divided by $27,000.00=29%

In other words the law school, in return for a $27,000 contribution to the activity fee fund, is allocated 29% of what we pay into the fund. Another problem is that - the Law Student Senate was budgeted a total of $3,320.00 out of the activity fee. is, I Where the rest of the $7, don't know. I wonder if it wouldn't be possible for the law students to pay their activity fee into a separate fund and cut their activity fee to a fraction (Continued On Page 7)


Law Graduates Unprepared
Editor's Note: Jeff Wentworth currently serves as president of the San Antonio Young Lawyers Association and is on the board of directors of both the San Antonio Bar Association and San Antonio Trial Lawyers Association , He was recently elected County Commissioner, Precinct 3, Bexar County, Texas ,

by Jeffrey Wentworth

I contend that the legal profession is the most irresponsible profession in this country in terms of how it educates its prospective members and then licenses them . There is not another professional group in the United States of which I am aware-and' that inCludes, doctors, engineers, architects, dentists , nurses, teachers, and even barbers-that is permitted, as are lawyers , to go through their period of formal education without any requirement whatsoever of actually practicing their profession under the supervision of someone already licensed before they themselves are licensed and turned loose to practice on their own. That this cond ition exists at all is disgraceful, but that it should have been allowed to exist for decade upon

decade is a badge of shame that should properly be worn not only by the law schools but by the practicing bar that has not done enough to change this condition and by the courts which control the standards of admission to the bar. From 1970-1972, I had the genuine pleasure to serve first as vice-president and then as national president of the American Bar Association Law Student Division. Based on individual conversations with countless law students as well as the near-unanimity of response I received when talking with groups of law students throughout the country during those two years, I was compelled to the conclusion that precious few law , students in the United States were satisfied with the kind of education they were receiving . They did not feel that they were being adequately prepared for the practice of law, and they did not feel competent to practice when they were licensed. I've seen little since my graduation and admission to the bar to justify a feeling that things have changed significantly since that time. I confess, along with nearly every
(Continued On Page 7)

Page 2


November 23, 1976

The Student Bar Association has launched a major offensive as pertains to tuition, student service fees, administrative and faculty expense, overhead costs and other pertinent budgetary matters. As of this time, just how much money goes to the actual financing of the law school and where that money goes is only known by a very chosen few. In a series of articles to be written by interested persons, the Wltan hopes to keep the law students appraised of new developments in this area. As of presstime, John Cornyn, S.B.A. President, has met several times with the law school administration and faculty council and has had numerous meetings with administrative officials up on the hill. Bro. James Gray, Vlc~President in charge of University planning has spoken with the S.B.A. and Dean Raba has promised to enlighten that august body in the near future with an "administrative" perspective of the budgetary issue. The Wltan strongly endorses the action that is being taken by the S.B.A. and . concerning the general subject matter of the fiscal policy of the law school and University, the Witan offers to provide space for the expression of student, faculty and administrative viewpoint. Such a serious topic deserves analysis, candidness and open-mindedness and the Witan can serve as a forum for both the elucidation of the various positions and a sounding board for new approaches and Ideas. The real issue Is not how much a set of Southwestern Reporters cost or how much Professor Lack Luster draws every month or how much the school pays to heat a cold law library or cool a hot classroom. And in the end result, when tuition Is once again raised, I honestly have very Uttle doubt that the ravages of inflation and West Publishing company profits will probably justify the increase. But what' is absolutely foreign to me, especially in a professional educational instituti0t'! that is com prized of law students who are supposedly trained to ferret out the truth and be cognizant of all sides of an issue is why we don't know where our money is going. Its not that students feel that some fiduciary duty has been transgressed or that poor management and fiscal policy has been implemented. But it is our business and we do have a right to know, at least in general terms, how our tuition dollar is spent. A tuition increase, if justified, which again I have never really doubted in the past, would be far more palatable if the students were extended the common decency of a simple explanation. The fact that St. Mary's ranks in the lower 20th percentile of private law schools in the U.S., tuition wise, [a fact that we have been unduly inundated with] is utterly irrelevant. That point is germane as to our comparative posture with the nation as a whole but is immaterial and irrelevant as to the issue of justification of future increases in our tuition fees or present fiscal policy. It is sincerely hoped that the present endeavors of the S.B.A. will prove to be efficacious.

Witan Editorials ,

by Kayo Mullins This school is confrontation oriented rather than cooperation oriented . There is an ever-present we vs. they attitude. The student feels both unwelcome and, uncomfortable. Perhaps this is one reason for the large number of transfers at the end of the year. Although some steps have been taken to change this Situation, the problem is still far from acceptable. The problem could be, to, a great extent, alleviated by a few changes . These changes would be in those areas which needlessly contribute to the we vs. they attitude. For instance, in the library, when one .looks to the office from the study area, the barriers are immediately visable. It looks more like a vault or fort than an office. Some walkways are blocked by book shelves and others are guarded by work-study students and " keep out" signs. The library office can easily be considered forbidden territory . In short, the student feels unwelcome. When one asks himself why is this , one answer that comes to mind is to prevent thefts . But this can 't be right ; we have an honor code and our moral turpitude is not in question . A standard answer at St. Mary's is that it costs too much . This can not be used as an out here, for it costs nothing to move two book shelves and remove a few signs. As librarians at other schools are easily accessable to the students , most other reasons for these barriers weigh lightly . It is not contended that the ' students be treated as honored guests , but only that we should be treated less like an enemy . A little administrative public relations could gO 'a 10r,lg way to make a student feel welcome.

November 23, 1976


Page 3

Dear Sir: I strongly object to your using the purported newspaper of this law school to endorse a political candidate for the U.S . Presidency. Your endorsement appeared to many to be an endorsement of that candidate by the majority of students of this school. (This probably was not the view of the majority if the straw poll with the freshmen elections was any indication.) . I recognize that the Witan is not school funded, (that fact is ably pointed out in the disclaimer on page two) but how many readers actually read tha disclaimer. Many here at St. Mary's and in the legal community in ~ Antonio (it's available in the Be~ar ~nty Law Library) read nothmg more than the articles and the headlines. Thus it must be concluded by them that the paper speaks for the students. So when such an endorsement appears, the natural inclination of the non-disclaimer reader i's to believe that the students endorsed the endorsement. I believe you should stick to items of information on legal matters, editorializing about school issues, and endorsing school politicos. National candidates get their endorsements in newspapers that don't appear to speak for a group of students who have not in fact spoken on the subject. To properly have reflected the _tical leanings of the students of WI law school, a Witan-sponsored straw poll would have been in order. Then words explaining could have been added . This I suggest is the way to do it in the future. I. Blair McLeod Ed . note : The Witan is, in ' fact, partially funded by the school. Also, the Witan speaks only for those students who are willin'g to write . Dear Sir: The Witan is to be commended hearti Iy for its editorial endorsement of President-Elect Jimmy Carter in its last issue . Too often we law students opt for the least visible , least obtrusive position on controversial issues . To so opt is to abrogate our responsibility to our profession and to the society in which we live and work. It was, therefore , an act of merit to have weighted the candidates for President and to have chosen the person who, in The Witan's editorial judgement, was the more qualified. Indeed, one may hope from this gesture that the student body of our law school will abandon its apparent apathy, substituting in . its place ' an attitude of commitment to thought and to reasoned idealrsm. Such a renewed optimism concerning the role of the profession in public affairs will inevitbably enhance the public perception of the law and lawyers. The Witan, by its endorsement, has done much toward that end. The Witan made the right decision in its choice of Mr. Carter. But that comment is far too simple. The only wrong choice The Witan could possibly have made would have been to endorse neither Mr. Carter nor Mr. Ford. We all owe a debt of gratitude to The Witan for its editorial courage and its journalistic integrity in analyzing a difficult problem and then not betraying its responsibility to print its conclusion . Very trul v yours, Richard W. Everett

Bar Admissions Reach Record High
CHICAGO Bar admissions reached a record high for ' the sixth consecutive year in 1975, the National Conference of Bar Examiners reported today. The NCBE, an affiliate of the American Bar Association, said 34,930 persons were granted permission in 1975 to practice law in the individual states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands. Len Young Smith, editor of the NCBE official publication "The Bar Examiner," said the figure has been climbing steadily since 1971, when the total was 20,510. "And based on preliminary figures it appears we're headed fo'r another record year," Smith said. The admissions boosted the total number of lawyers in the Uni'ted States to more than 400,000, also' a record high. Of the 1975 admissions, 34,144 were by passing a bar examination and 786 were by receiving a diploma. (In five states - MissiSSippi, Montana, South Dakota, West Virginia and Wisconsin state university law school graduates are automatically admitted to the bar. Marquette University Law School graduates are also admitted in Wisconsin without taking a bar examination.) The NCBE said an additional 12,000 persons failed to pass state bar examinations. California led in the number of admittees with 4,905. New york was second with 3,413 followed by Florida's 1,933, Illinois' 1,881, Texas' 1,709, Pennsylvania's 1,616, Ohio's 1,430, New Jersey's 1,281 and Massachusetts' 1,278. Here is a partial breakdown PaSSing Percentage California Connecticut Forida Illinois Indiana Massachusetts Missouri New Jersey New York Ohio Pennsylvania Texas 56% 81% 83% 84% 90% 70% 89% 74% 74% 89% 81% 90%

Mr. Mac Secrest Editor, The Witan Dear Mac: I was pleased to receive the copies of The Witan which were delivered to my office and I would like to compliment you and your entire staff on the excellence of this paper. It shows evidence of maturity, ability land concern. The sample ballot was the first published ballot that I saw and it was most helpful to me. Among many other articles which I enjoyed, the article on placement by Sue Hall was very interesting. The "Dean's Desk" article was also interesting . Please extend my sincere thanks and congratulations to your staff, and please keep me on your mailing list. I would also suggest that you send copies to members of the Executive CounCil, and to the Development and Public Relations offices if you have not already done so. Gratefully, JohnT. Donohoo,S.M. Vice President, Student Services

Page 4


November 23, 1976


suicide of Philip Loeb emphasizing the terminal impact these oppressive acts can trigger. A lighter look at the past placed Howard refusing to turn in scripts claiming them inferior to his high standards (Bernstein also had a script returned by a front). Scenes as the above, although offering humor to the film, continue to emphasize the plight and hardships of the blacklisted artists . This film will not be one of the year's 10 best, but was obviously made by people who have intense feelings about its subject. This feeling was conveyed effectively, yet in a manner entertaining to those who will fail to realize the true impact of the See the Front but ask yourself, these times really over?" Remember the FBI Secret Files and Nixon's list of unacceptables? As purveyors of the law, it is imperative that we advocate the ability to exercise and enjoy all of our inalienable rights. The Front shows the results of the failure to do so.

The Front
The Front offers viewers more than two hours of idle absorption. It is not about Woody Allen as himself, but about a character pleasantly portrayed as anyone's good friend. There are segments of humor, though the placement of them is well spaced to offer relief from the otherwise somber attitude. Yes, there were the days of the witch hunts and blacklisting in the entertainment industry. Those wonderful days of yesteryear when highly valued rights somehow, granted to all of us were temporarily forgotten. The House on Un-American Activities in their incessant search for sympathetic souls was joined by the high level executives in the entertainment field in keeping "Commies" out of their stable. Enter Howard Prince (Woody Allen), an earth stablizing restaurant cashier. His best friend, a writer, after being blacklisted, employs Howard tQ "front" his scripts. With his well written stores and 10% therefrom ,

by Buddy Luce

Howard begins to enjoy the good life with the studio's script ed itor (Andrea Narcovicci). Despite these seemingly pleasant happenings, short scenes are interspersed displaying the intensity of the investigators and the subsequent despair of those being oppressed. This is also shown when the f irst "commie" report on Howard returns with negative results. The search for Prince's mistakes continues; if the slightest connection to the enemy appears, the ancient yet still popular "trade a name for your freedom " game is utilized . It is interesting to note that the director-Martin Ritt, writer - Walter Bernstein, and actors-Zero Mostel, Hershel! Bernardi, Joshua Shelley and Lloyd Gough were all victims of the blacklist. As a result, many scenes are taken from very real happenings . Zero Mostel, for example, after playing for the big ' bucks was, at one time, relegated to a $250 job in the Catskills during this period. Hecky Brown (Zero Mostel) also replayed the tragic


States v:.f.~Qple of Dogpatch
and Pappy (Nan Welsh) Yokum are just a few of a numerous cast of fine performers who convinced this judge of the worth of Dogpatch. Their performances were, on the whole, their dancing and convincing , costuming well done , and their singing, although at times weakly delivered, still conveyed the fine time to be had upon paying a visit to Dogpatch . The enthusiasm these actors displayed throughout the play won the hearts of all those in audience who seemed caught up in the fun and frolic which was being presented on stage. Although the government's evidence was well-presented by a strong cast-Pat Little as General Bullmoose and Galen Gilbert as Senator Fogbound-this court felt that the government could present no argument strong enough to convince this court to render a reversal of its present judgment. This court, and this judge in particular, felt that the production, as a whole , was a success and a credit to both the Music Department and the Shoestring Players. Any weaknesses in the production could be attributed to a variety of factors including a limited stage area, poor acoustics, and limited resources . But, the shortcomings were outweighted by the good time to be had by all . This court hopes that " L'il Abner" precedent for the future.

Eviction action by U'.S. Goverhment against the people of Dogpatch. Musical comedy presented by the Shoestring Players and the Music Department of St. Mary's University under the direction of Dr. Charles Myler and Richard Almanza depicting the attempt by the U.S. Government to evict the hillfolk from their homes in Dogpatch. Brought to this court for review and judgment for defendants. CASEY J. On Novemeber 4-7, 1976, the Shoestring Players & the Music Department of St. Mary's University presented " L'il Abner" a musical comedy by Norman Panama & Melvin Frank and raising the question of whether or not the environs of Dogpatch served any useful purpose to society and , therefore , not subject to total devastation by a bomb which the U.S . Govt. wished to test. The evidence presented to . this Court by the various performers brought a directed verdict for the defendants on the ground that there most certainly was a valuable item to be found in Dogpatch - it's hillfolk . Daisy Mae (played by Kathy Hodges), L'il Abner (played by Joe Hyland), and Mammy (Martha Flores)

WITAN STAFF Editor -i n-Chief .................. Mac Secrest Kayo Mullins Managing Editor . . . . . . . . . . . Articles Editor .. . .. . • . ...... Denny Callahan Features Edi:or . . ....... Claude Ducioux Copy Editor ..... .... Tony Chauveaux \ .. . ..... Bill Crow Associate Editor . .... Geri Mery Business Manager . . .. Mike Sadler Witan Photographer . Faculty Advisor . . . ... Wm. Francisco .. Mary Beth Carmody, Staff Writers ... David Chamberlain , Lucinda Garcia, Mike Holmes, R.K . Hurrington , Linda Lampe, Andrew Leonie, Ruth Russell , Jim Seifert, Kim Weixel , John Cornyn , Ray Desmore , Kathy Cardone Robin Dwyer, Victor Negron , Tim Johnson , John Stempfle. Contributors . . . . . . . . . . . ... Sue Hall, Buddy Luce, Pablo Bus ~emante , Jeffry Wentworth

November 23, 1976



by Claude Ducloux As the activities of this past frantic way out and answer the essay with the For in our final exams, we will see the easy, incorrect answer. semester are now history, with the latent intellectual perverSions and C) The "Magician"-this is the national election behind us, Moot sadism of the professors. professor who spends the first 12 Court and Mock Trial competitions Let the following stereotypes serve weeks of the semester on the first 200 completed, fraternity rushes over, we as warning to the innocent : pages in the book, aDd the last 3 students have come to that inevitable A) The "Trapper"-this professor weeks covering the remaining 640 Armageddon: final exams. The taking gives seemingly easy essay questions pages (the last 150 pages in one of a final examination is the symbolic which are in fact easy, only no one will catching of the guantlet thrown before . take the easy answer because they feel lecture) . And then as if by magic, he us by the faculty. Unfortunately, a few expects you to understand all that it is a trap. The students' logic takes a material. (I have yet to see little flames of us will probably catch it in a very back seat to emotion. In effect, this of knowledge burning above the heads professor allows the students to unpleasant place. of my classmates in these situations). In the 'past, this column has tried to psyche themselves out. serve as an occassional guide to the Take a guess as to what part of the B) The "Double Trapper" .(due to an course is covered by 75 pOints of the unwary, or as an insight into the evil conspiracy, the Double Trappers final. Right, The next to the last habits of those creatures described as test always falls after the Trapper's chapter! professorius legis (although better test). This professor gives easy descriptions have been tendered from D) "Multiple Guess Bandit"- this questions which have a trick to them; time to time in individual cases). But professor will make up a beautiful but after having taken the Trapper's never before has an understanding of multiple choice exam with only one test, students refuse to allow the law professors become so themselves to be fooled again so flaw: only every fourth question will basically important than during finals. soon; therefore, they take the easy contain an answer that is correct (but not particularly for that question). The "Bandit" quickly turns the students into sobbing masses searching for the column marked "none of the above", only to find there is no such column. E) The "Good Guy"-this is the by Kim Weixel e professor who tells you that the final about state facilities." I am horrified. I Dear Kim: is a piece of cake, no sweat, the will not allow my remains to gild the Some months ago I received a form questions are easy. Be extremely halls and foyers of state buildings. accompanied by a letter signed by the cautious with this character. The last Isn't there something I can do? governor urging me to donate my body ' professor who said this gave 30 essay for a "useful and humane purpose" to questions, all requiring data processthe state upon my death. Doni Pozzi ing to figure out the answers. After some thoughtful consideraDear Doni F) Finally, we have the "Informer"tion I Signed the form and returned it. I If you had read the form more the professor who tells you what to felt uplifted that some benefit would carefully you would have seen the study, and what he feels is important. flow from this simple act. I did not clause stipulating that the government Careful observation of these types read the form carefully but I assumed "can employ the cadaver or any always gives them away. If you listen that my cadaver would be used as a portion thereof in any fashion deemed closely whty will always give you a tip teaching aid in medical school. appropriate regardless of the personal that they are being misleading. For Today, I received another letter from taste of the Governor." instance, be wary when your sales the 'Governor thanking me profusely Additionally the Supreme Court has professor tells you to go over the and indicating that my pancreas had upheld the clause in a case where a probate code, or your criminal law been designated for use as a paper man's things were being used as professor points out the section of the weight! and that "all other organs will door-stops in the Parks and Wildlife Internal Revenue Code dealing with be used for decorative purposes in and building. capital gains to study for the exam.




Kim Answers Your Legal Questions

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Page 6


November 23, 1916

Fruit Salad, Marble Swirl or Angel Food?
by Victor'Hugo Negron Jr. and Pablo Bustamante Ah. San Antonio. A city which has in every respect earned the title "One of America's Four Unique Cities." When Will Rogers made this observation many years ago, the great variety of racial, ethnic and cultural backgrounds of San Antonio's citizenry was undoubtedly foremost among his considerations. San Antonio's locale and uniqueness enhance the city's importance in the economic and social growth of South Texas. Necessarily , St. Mary's University of San Antonio School of Law (hereinafter referred to as the "Law School"), being the southernmost law school in Texas, is the of attention in the cynosure continuing struggle for better economic and social conditions in this geographical area. It is in reflecting upon this that has led these authors to contemplate not only the makeup of the Law School student body, but also the reason(s) behind such composition, The authors do not purport to espouse any particular dogma or advocate the acceptance of other than qualified candidates for law school. The extent of our research into this topic on minorities in ,our Law School will be dealt with in a series of articles featured in future publications of the Witan, Thes~ articles will be limited to an examination of the Law School's composition of minoirities past and present, trends in admitting minority students and reasons behind such findings . We further hope to make a comparison between this Law School and other law schools in relation to their minority enrollment and recruit_ ment. \ In order to orient you, we feel obliged to provide y:>u with the definition of two key works. "Minority," the first of these, will mean that individual or group or individuals who has traditionally comprised a small percentage of the overall composition of the legal profession. For example, women do not constitute a minority JIler se. There are approximately as many women as there are men . However, the number of women in t he legal profession has always been small in comparision to the number of men. Another key word vital to an understanding of what we are discussing is " recruitment," which has been defined by Webster's Collegiate Dictionary as reinforcing, enlisting, raising, engaging, replenishing. These terms definitely connote some sort of positive or affirmative action on the part of the recruiter. In our case, the recruiter is the Law School. We would initially like to thank Dean Edwin Schmidt for his interest in our endeavor and his promise of cooperation. It is readily apparent that without the aid of the Administration, an article such as this would be difficult if not impossible to write. The authors hope to do a service to both the student body of the Law School and to the Administration, seeking to maintain at all times objectivity in analyzing and presenting the findings and in making viable suggestions for the improvement of the Law School environment. We seek not to disrlJpt for the sake of disruption, but to probe for the sake of truth .

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November 23, 1976


Page 7

Corn yn Speaks out
of what it present ly is, thus saving the students money and at the same time allow them to get what they are paying for? Any student who wished could alternatively pay t he fee directly to the university as they do now, and thus have access to t hose amen ities for which all law students are presently paying but wh ich few use. By the way , the projected activity fee fund required for next year is $202,942.00. In addi t ion to the activity fee question , you might like to know approximatel y how much of the $80 per semester hour you are paying is used di rect ly in pursuit of your education wh ich comes so dearly. For the purposes of an estimate, I will use the figures of 650 law students , each taking an average of 14 hours per seme,ster, at a cost to them of $80 per hour. Those fi gures yield : $728,000 x 2 650 x 14 x $80 semesters $1,456,000.00 income to the law schoo l in tuition each year.

(continued from page 1)
maid service, certain equipment and for who knows what else. Now lets figure this up . The law school brings in about $1 ,456,000.00 each nine months and is allowed to spend less than $1 ,051,000.00 . How much less I don't yet know. In other words less than 72% of what you and I pay for our education is actually spent for that purpose. It is my opinion that most students can see the need to spend a substantial portion of the tuition dollar for non-educational purposes and w ith that fact of life I think we can have no quarrel. But when law school enrollment is high and undergraduate enrollment is . waning , law students have a right to resent being taxed to death. The quality of our education must surely be the thing that suffers the most from this unfortunate situation.


= School Income Per Year (9 months) . . . . . . .. .. . .. $1 ,456 ,000.00. Out of this total income t he law school is taxed a " surcharge" of 5% by the University at the outset. Minus 5% Surcharge . . . .' .. $72,000.00 Out of the 95% or $1,383,200.00 remaining the law school pays the university 22% for comm on overhead expenses, or $1 ,383,200.00x22% wh ich equals $304,304. 00 . Income Minus Surcharge Minu s Overhead Expenses . . . . $1, 078,896.00 At th is pOint the act ivi ty fee is deduc t ed. $1,078, 896.00 minus $27 ,000.00 $1 ,051,896. Law School Income Mi nu s Surcharge Minus Overhead Min us Act ivity Fee Equals . ..... .... . . . .. $1,051,896.00 At this point t he drain on your dollars ends and what we have left is what is used to educate all of us. RIGHT? WRONG! Out of the above figure the Dean must still pay out sums of money for : utilities, jani torial and


Law Graduates Unprepared (continued from page 1)
other young lawyer I know , that I felt more than a little unprepared for the practice of law at t he time that I was admitted to t he bar. Is th is fair - eith er to the newly-l icensed lawyer or to the public whom we are charged with representing ? Is t his a responsible wa in which to cond uct the affairs of y that profe ss ion most involved in protect ing the pub lic interest? I think not. As one step in t he direction I believe we need to go , law students in Texas mounted a lobby ing effort with the Texas Legislature in 1971 to amend the Texas Bar Act to permit third-year law students to try cases in Texas courts under personal su pervision of licensed attorneys and with the permi ss ion of the court. In that effort , law st udents were su pported nearly unanimously by their deans . (Dean Ernest Raba of st. Mary's was one of those who wrote a letter 'in support of the law student intern bill, S.B. 66 , in the spring of 1971). The Texas Bar Act was amended agai n in 1975 in order to perm it law studen t s who have completed one-half, of their required hours to try cases under supervision. We in the legal profession have. been receiving more than our fair share of criticism lately. Some of it is justified; a lot of it , however, is not. It seems to me that we who work in the profession need to go through a constant procedure of self-evaluation with a view . toward ' self-improve-' ment-if not for the idealistic reason that it's the right th ing to do, then for the pragmatic reason that if we don 't, laymen are going to do it for us by more government regulation .


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Page 8


November 23, 1978

River of Milk
You've wondered about milk before and I've always wanted to write a filler for the last page. Production of milk is subject to seasonal fluctuations, indicating primarily that the milk market is still somewhat subject to the economics of supply and demand despite the influence of producer co-ops and governmental regulatory agencies. Fluid milk must be consumed relatively quickly after it is produced (or maintained at a temperature lower than 50°). If it cannot be sold as fluid milk, it must be disRosed of in manufacturing outlets such as for butter and cheese. Fluid milk commands a higher price than milk used in manufacturing . Production must be maintained at a sufficiently high level to supply the needs of the fluid milk market even ' in periods of low production. Consequently, in periods of high production there is a substantial surplus. To avoid ruinous competition among farmers searching for the more profitable flui d milk markets, Congress passed the Agricultural Adjustment of Act of 1937. 7 U.S.C. 601 et.

by D. Callaghan In Texas, state milk regulations (Art. 165.3 V.A.T.S.) largely attempt to insure, not the economic stability of the milk market, but rather a clean and uncontaminated ' milk product. In San Antonio, this enormous health responsibility falls largely upon the Milk & Frozen Deserts Section of the San Antonio Metropolitan Health District which is headed by Mr. E.A. Schott. This department monthly inspects and sampl es milk coming to the city's consumers from dairy, farm producers, haulers, ' handlers, wholesalers, and retailers. San Antonio's milk comes from 191 producers, all of whom belong to some producer co-op, scattered over approximately an18~county area some as far away as 200 miles. A small river of milk is transported yearly into the city: approximately 32 3/4 million gallons. (Not as large, however, as the average annual flow rate of the San Antonio River: approximately 12 1/3 billion gallons). For a clean product from a relatively stable market, the price is right.

seq. Pursuant to this act, in 1975 the Secretary of Agriculture promulgated for most of Texas Federal Milk Order No. X, 7 C.F.R. Part 1126. (Note: this Order was proposed and substantially written by the producer co-op AMPI to which a majority of Texas dairy producers belong). The above milk order is a regulatory scheme providing a method of pooling so that all producers are paid a minimum uniform or blend price by handlers (milk processors) for the milk delivered to them regardless of the actual use of the milk by the handler. The blend prices paid by handlers to producers, in most in stances , do not equal the use volume of the milk. Under the Act, necessary adjustments are made through a producer-settlement fund administered by a local market administr<;ltor. Handlers whose use value exceeds the blend price make payments into the fund, while handlers whose use value is less than the blend prices receive payments from the fund. Balances in the fund are ultimately distributed to producers.

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Jeffery Wentworth, John Cornyn, Kayo Mullins, Buddy Luce, Kathy Cardone, Claude Ducloux, Kim Weixel, Victor Hugo Negron, Pablo Bustamante, D. Callaghan, “The Witan, 1976-1977 Academic Year, V. 4 No. 4, November 23 1976,” St. Mary's Law Digital Repository, accessed December 9, 2019,

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