The Witan, 1976-1977 Academic Year, V. 4 No. 9, April 1977

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The Witan, 1976-1977 Academic Year, V. 4 No. 9, April 1977


Fruit Salad Marble Swirl or Angel Food?, What is Justice?, Witan Editorials, Some Thoughts on Faculty Evaluations, Law Day Awards, No Summer Freshman, Moot Court, Sex Symposium


Prof. Orville Walker, Victor Hugo Negron, Jose Garza, Pablo Bustamante, Denny Callahan, Chuck Billings, Greg Powers, Patricia Wueste, David E. Chamberlain, D. Callahan, Johnnie Davis, Patricia McNair


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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Volume 4, No.9


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

Fruit Salad, Marble, Swirl or Angel Food?
by Victor Hugo Negron , Jr., Jose Garza and Pablo Bustamante This article constitutes the last in a . ,eries on minorities in our Law WSchool. In November 23, 1976, Witan , we set out certain goals . Among these were .. ... an examination of minorities past and present, trends in admitting minority students and reasons behind such findings ." Furthermore , we sought .. ... to make a comparison between this Law School and other law schools in relation to their minority enrollment and recrui tment." At first glance, the history of minority enrollment at this Law School would appear to be on par or surpassing " national averages" (see January , 1977, Witan , page 7) . However, other considerations must be made in a final analysis of the school's record of minority enro"A ment. . . . We must appreciate the fact that the figures provided show a comparison between St. Mary's Law School minority enrollment and the national averages for the various minorities . However, the national averages do not take into account such a factor as locale, which might tend to mitigate and possibly alter figures in a comparison of individual schools. For example, a school located in a community which is comprised of a substantial number of a particular minority group, such as St. Mary's should naturally reflect a higher average than the national norm, because of its very presence and interaction in and with ' the South Texas community. Therefore, we feel that these figures on minority enrollment should reflect a higher proportion of the student body . However, we do realize that the Law School's record in minority enrollment has improved and is improving. Why is minority enrollment at this Law School not higher? According to Dean Ernest Raba, the school simply cannot afford to actively recruit a-la-Harvard . Such schools as Harvard are able to provide minority' students with such benefits as fully-paid or partially-paid tuition, room, board, and living expenses , and are able to recruit such students through an active , affirmative, and informative program. In order to maintian som'e posture of competi t iveness with such recruit ing programs as described above, we recommend the following to make St. Mary's Law School more attractive to a" minorities : 1) Initiating course and cirriculum changes which affect the minority population , such as inclusion of courses dealing in areas of Poverty Law, Problems · in Immigration, and School-sponsored speaker programs with minority-oriented topics; 2) Establishing a clinical program for focusing on the legal problems of the various minorities in this South Texas community (for credit); . 3) Allowing further development of on-campus minority organizations School has alre~y (the Law established precedence in that direction by perceiving the need therefore, and subsequently recognizing the Women's Law Association); 4) Fina"y, opening the doors to student involvement in admissions, La , student participation on the Admissions Committee. .The above suggestions will not only

What Is Justice?
by Prof. Orville Walker Pilate therefore said unto him, Art thou a king then? Jesus answered, "Thou sayest that I am a king. To this end have I been born , and to this end am I come into the world, that I should bear witness unto the truth. Everyone that is of the truth heareth my voice. Pilate saith unto him, What is truth? John, Chap. 18, verses judgement, I.e., punishment · In a criminal case and compensation in a civil case. Justice involves retribution or due reward . As law students and lawyers we concern ourselves with the administration of justice under the law. It is proper to assert that the law possesses an obsessive concern for a single end and that is justice. The law has for its purpose the entry of a judgement either over persons or causes through . the judicial process. But is justice an absolute? Justice Holmes once observed that every legal right tends to become absolute. He said. "A" rights tend to declare themselves absolute to their logical extreme. Yet all in fact are limited by the neighborhood of (Continued on page 16)

37, 38 .
Is the concept of justice capable of accurate definition? Our notion of justice is comparatively easy to define, such as conformity to moral prinCiple together with an interplay of synonyms of fair play, virture, integrity, fairness, freedom from bias, equitable, righteousness, etc. Inexorably intertwined is our concept of

Page 2


April 1877

It Is traditional that the new editor in the first editorial discuss the WITAN's future. That is what I am going to do. But first I thought I would expla'in what the word WITAN (pronounced wn' an) means. It is an old Anglo-Saxon term for the King's advisors. The Witan of old England would go about the country and gather Information and report back to the King. Don't ask me who the "King" is around here but gathering informati,on and giving advice is what the WIT AN will do next year. ' , In order that we can publish the information it is necessary that sOlTleone from each group in school be a member of the WITAN. For this reason I ask that the leader of each frat, law association, etc. appoint one person who will see to it that that 'organlzation's news is written down and turned in to the WITAN. I would also like to take this opportunity to explain how one becomes a member of the WITAN. It can be summed up in one word-help. If one contributes twice to the WITAN he or she automatically becomes a member of the staff. To continue membership a contribution at least once every other issue is necessary. By contribute I mean write an article (whether published or not), sell an advertisment, or help put the paper together in any way. Everyone is always encouraged to submit articles for publication. But I was talking about the WITAN's future. Before the WITAN can advise anyone,. It must have a good understanding of what each individual or group means and how it relates to other individuals or groups. I think a good way to do ' this Is to look at the overt actions (because actions speak louder than words) and draw any logical inferences possible from those actions. For example what Inferences about Judge Brown's attitude toward his students can be drawn from his numerous absences and late grades? What inferences about student's Ittltude toward their fellow students can be drawn from their failure to reshelve their books? What about the Dean's annual lecture at Freshman Oritmtation on washing your hair and not wearing shorts? Does he think we are children? What about the WITAN's recent headline about the W.L.A.? Was it vindictive or callous? It will be this questioning approach that the WITAN will take in reporting to and advising our "King". lam sure that by now everyone knows that the tuition is going up again. There will be a ten dollar Increase effective first summer'session. This is the second luch Increase In less than a year. Over all there have been increases totalling more than' 80% in the last 5 year~. ,You and I both know that the co~t, of living , , alone CI,)'t, be respon~ible for ttl~~~se in the cost. Allo I heve not noticed an appreciallie increase in the return on tuitioQ. I realize that the library received some more books but on the other hand Red !\IIass was cut back and the price of Law Day was increased. I can think of but one logical inference possible that can be drawn f~o'm such a dramatic increase. It I!" common knowledge that' when the ABA inspected the school In 1972 It determined that the University Administration was not returning to the Law School a high enough precentage of the law' students' 'tuition. In response the University Administration promptly adjusted the sUuation by lowering the amount of total money retained. This action also lowered the percentage to the appropriate level. Now, in order to get the total number of dollars back to its 1972 level without increasing the percentage retained, the University Administration decided a dramatic increase in tuition was ~ecessary. I consider 80% In 5 years dramatic. . One last note, I was safe at home plate when I slid in at the WLA-faculty soft ball game and AI Leopold knows it!

Witan Editorials



Editor-in-Chief, , , , , , , , , , , , , , , , , Kayo Mullins Managing Editor , , , , , , , , , , , , ' , Denny Callahan Articles Editor, , , , , .. ' " Raymond A. Desmone F:eatures Editor . . , . , ' , , , ,. Mary Beth Carmody Copy Editor, . , , , , ' , , , , . , . , Lawrence A. Potter Business Manager. , , , . ' , ' , , . , , , , , ' Geri Mery Associate 'Editors ,. Lucinda Garcia, Frank Gerold Faculty Adv'isor , , . , , , , . , . , , , , , Wm . Francis'co

'" David Baram, Chuck Billings, Staff Writers " Pablo Bustamante, David Chamb\!rlain, Tony Chauveaux, Joh,n Cornyn, Robin Dweyer, Pat Flachs, Bob Fox, Jose Garza, Tony Hajek, Tim Johnson, Linda Lampe, Andy Leonie, Buddy Luce, Patraicia McNair, Mark Miller, Victor Negron, Joe Patane, Mike Sadler (Photographer), Mac Secrest, Jim Seifert, Edward Schroeder, Kim Weixel, Patricia Wueste, Contributors , Bill Bryant, Johnriie Davis, Sue Hall, Glen Mangum, Greg Powers, John Russell , Erma Salinas, Martha Tobin, Orville Walker, David Weiner, Doug Wright

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, unles~ otherwise stated . The Editor is responsible for the views expressed in ' unsigned articles. Articles in WITAN 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.

April 1977


Page 3

I would have changed my Iname, bought a farm and a fleet of tractors on compounding and fathomless credit, afflicted myself with a quart of bourbon every now and then, and gone right on thinking that the real is rational-but I came to law school.

by Denny Callahan right place here. Tuition hikes: It's a seller's market. There's nothing else to say. The ghosts anu their momentary infringements are more than compensated by the likes of an Orville Walker or a Gene and Joe Anderson. If one wants to teach himself the law all night and all day, or alternatively, if one wants to get stoned, lie in the sun, or swim in the Guadalupe-nobody will stop him. And that's what I like. The only changes that matter in the last analysis are those which are internal. This place certainly does not interfere with that enterprise. So, thanks. I appreciate it.

Well, now that I've somehow decided to relax and teach myself the law, thereby serving only one master instead of a hundred ghosts, I'm starting to like it around here. That gruff man who sits in the faculty building, or the obnoxious prof who belittles students and simply rambles on, or the student who rudely inserts and asserts himself are all ghosts.
I find St. Mary's law school an excellent place of privacy. Other than mandatory class attendance, an occassional hassle in class, and an uncomfortable scheduling of exams, if one wants to be let alone, he's in the

For the first three semesters of law school, I operated largely from fear. Fear of flunking, of being singled out for any reason so to justify expulsion, of losing social and academic face, of not learning all the law, of not being Aable to express myself articulately, of W"going crazy under this wierd stress-but now I'm not afraid. But why should I write this gush?

Some Thoughts On Faculty Evaluations

by Chuck Billings There has been a small controversy over the past two years at this law school concerning faculty evaluations. This controversy has sometimes seen students and faculty polarized as ; to what purposes the evaluations serve and how they are distributed, filled out, ' collated a>lIblicized etc. Perhaps 'we ought to W»tart a hard look at the subject by admitting a few things that faculty evaluations are and are not. First, faculty evaluations are not something that the faculty will ever like. Face it, nobody likes to be judged by others, although the degree of dislike appears to diminish to the degree the evaluation score rises. Thus those on the high end are more likely to say, "of course, it must be my methods," while those at the lower end may feel inclined to reflect on the loneliness of the professor whose students just do not appreciate the excellent educational opportunities ce\'tainly offered in his or her classes. SeCond, faculty evaluations are here to l stay. The reason they will stay is because they fulfill a very real need . general Depending upon one's demeanor, evaluations can be filled out by means of the we've paid $8O-per-credit-hour-and-we-have-aright-to-our-money's-worth-dammit theory ' or the . more congenial society-will-pay-in the long-run-if-we, , have-professors-who-cannot-teachtheory. I personally find myself shifting between the two theories by the degree the professor appeals to me as a person. (e.g. is the professor approachable; is there a real effort evidenced in his or her class presentation?). The fact of the matter is that students are paying too much money and. investing too much time, effort, and hope in law school not to be vitally interested in participating in the evaluation process. Although evaluation by the professor's peers is important, the role of the student evaluator is just as vital. It is the student who pays the bill; it is the student who sits in the class as a learner; who must assemble the material, take the notes, learn the message, and be prepared to use that message later on. Third, faculty evaluations are not objective. Design the system as you will, with all the numbers you want, and the evaluation will still be based upon the individual marker's deep and very subjective ' feelings about the course, the professor, the school, etc. Moreover, some students will not take the form seriously; but I believe the strong majority of the students put a good conscious and good judgment into their work. And when a faculty member receives consistently low marks on a course, he or she should look at It as an effort by a good number of generally open-minded and tolerant people to convey the message that something was wrong In the course. When a faculty member ~~M'\tes conSistently poor evaluations Jin several different courses, then he or she and rest of the faculty ought to ,take pause and consider what the job of the school is; to offer the students the kind of teaching and courses they, need to educate themselves to be competent lawyers. To make a favorable impression on the student, need the professor be theatrical? Of course not; he need only be himself-and if that means theatrical, so be it. Or, must the professor know the answer to every question asked? Silliness; he or she needs to be thoroughly conversant with the subject, but as for every question-that's why we have a library. Agreed, then faculty evaluations are rooted in the subj~tlve processes of judgement and common sense. So, as the school year comes to a close I do not expect the faculty to jump for joy at the thought of student evaluations, but I do see a serious and pressing need for this activity and would hope that the evaulatlons would be conscientiously !illed out.



April 1977

Law Day Awards'
20th Annual Rosewood Gavel Award Ted D. Robertson , Associate Justice , Court of Civil Appeals , 5th Supreme Judicial District 21st Saint Thomas More Award A. Kenneth Pye , Chancellor , Duke University 5th Outstanding Law Alumnus Award Honorable Pat Legan James P. Lytton Memorial Award Lawrence Likar Rich Achievement Award Francisco Enriquez Lleck Memorial Award ($250) William White
TIXIS Association of Defense Counsel

1977-1978 Student '- Leaders

Student Bar Association , President: Greg Powers Vice-President: Art Lewis Secretary: Pat Flachs Treasurer: Carter Crook ABA-LSD Representative : Bill Crow

Delta Alpha Delta (Law Wives) President: Margaret Fano First Vice President : Debra Sheely Second Vice President: Lorraine Stevens Treasurer : Judy Schoolcraft Secretary : Shari Gordon Parliamentarian : Anna Salguero Women's Law Association President: Dianne Wiese First Vice Pres ident : Cheryl Whited Second Vice President : Joyce Greenberg Secretary: NilaPittilio Treasurer : Mary Najvar Criminal Law Association President : Brad Wiewel Vice-President : Chuck Billings Secretary: Bob Fox Treasurer: Frank Gerold Phi Delta Phi Magister : John Vaught Vice-Magister : Richard Roberson Clerk : Linda Zuflacht Exchequer : Bob Fano Social Chairman : Carol Bryant Rush Chairman: Bill Crow Historian: Wes Stripling Parliamentarian: David Chamberlain Delta Theta Phi Dean : Joe Patane Vice-Dean : Carl Forrester Tribune: Tony Hajek Clerk of the Exchecquer : Eric Jensen Master of the Rituals : Pamela Schoch Clerk of the Rolls : Margaret Grigory Bailiff : John Horn

Senior Senator 1. Gary Hutton 2. Roland Jeter 3. Martha Tobin 4. Debra Ann Ullrich 5. John Vaught 6. Brad Wiewel 7. Paula Yukna

Mid-Law Senators 1 . Bernie Delia 2. ;rom Donahue 3. Richard Hayes 4. T. Mastin 5. Bonnie Reed 6. Frank Rivas 7. Rob Yaquinto

Law School Award ($500) John Brantley Student Bar Association Distinguish Service To School Award Eileen Sullivan . Delta Theta Phi Leslie Merrem Award Raymond Flume Phi Delta Phi Teaching Excellence Professor David Dittfurth Senior Award Ward T. Blacklock Delta Alpha Delta (Law Wives) Outstanding Member Margaret Fano Outstanding New Member Anna Salguero AppreCiation Awards Lorraine Stevens Margarita Langlois Judy Schoolcraft Barbara Clark Special Award Mrs. Reuschlein Phi Alpha Delta Distinguish Service to the Student the Law School and the Profession Professor Eugene Anderson Order of Barrister Claude Ducloux Larry Hayes Chrysanthe Lambros Tricia McNair ~eorge Skladal

Law Journal Ed itor-in-Chief: Willis Luttrell Executive Editor : Scotty McQuarrie Articles and Book Review Editors: Patrick Kennedy Robert Corlew Note and Comment Editors, Patricia Swanson DavidChamberlain Charles Rennick Symposium Editor, Robin Dwyer Legal Research Board Chairman : John Fuini Business Director: Carter Crook Client Relations: Pete Carroll Research Directors: Joe Gibart Dave Baram Dawn Bruner Chuck Billings Order of Barrister (Continued) Stephen Wynn Archie S. Brown , Commissioner, Texas Court of Criminal Appeals (Honorary Member) Women's Law Association Scholarship Recipients Mary Beth Carmody Diane Wiese Outstanding Member Melynda Giesenschlag Criminal Law Association Outstanding Members Frank Gerold Charles Billings K.K . Woodley Memorial Scho"arship l \ Charles Billings

Who's Who in American Colleges And Universities. Raymond Flume Ward T. Blacklock Douglas Fraser John Hubble Carl Madonna John Stempfle Lawrence Likar Hugh Scott Chrysanthe Lambros Caroline Jackson John Cornyn Georganne Freund Kenneth Malone Julie Marquez Jess Rickman George Spencer Roel Trevino

April 1977



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Pig. 8


April 1977

Freshman Moot Court

Bad Day at Blackrock
by Olen Mlngum and David Weiner . On March' 29, a balmy Tuesday evening in San Antonio, 52 brave souls rode through the Valley of Incessant Query, only to arrive at the edge of the Freshman Moot Court desert. Among the troop one noticed the injured, the frightened and the dazed. Across their shoulders were draped the tattered remains of suit jackets, sport coats and once brilliant neckties-rather unusual garb for this motley crew who called themselves the Freshman Moot Court persons . Around their dim campfires that night they sat, often gibbering as if compelled by some unspeakable power-the ability to sell professional services and protection from the law. Others only moaned about the privileges of the first amendment and Colonels Parker and Brown who had fallen that day under the onslaught of cleverly organized 3-man teams of renegades. Occasionally, one of the more severely injured would scream Info the night something about some vague Irreparable doom about to befall the legal profession. His fellows could only raise the glass of cool yellowish liquid tol his lips, the only solace available to his battered mind. Those who could, continued to sPeak about the dangerous path they had trod between the twin pea~s of Sections 1 and 2 of the Shermal'J /~c.t. Each recounted the experience-anI. overwhelming feeling of Impending' catastrophe. Each person had been confident that the night's ride would not lead them to encounter attacks by the renegades. Now they knew. Now they were ready for that which they were sure would be repeated the next day. They also knew that their ranks would be noticeably thinned. Struggling to stay awake and chanting ritual words, "Me et pa-Iees da'kort," those who could, drank again of the yellowish liquid and dreamed of their fates to be decided the coming day. EPILOGUE Fire Department offiCials report extinguishing small blazes at several local residences. Upon arrival In each Instance, they discovered only a compact pile of paper ashes. The only visible clues of the fires' causes' consisted of a few uncharred fragments containing such cryptiC words as "competition", .'prohibition", "code", "lIghtbulb", and "Cert. Granted". Officials feel certain that (Cont. on Page 15)

Law Day Banquet
by Martha· Tobln and John Russell Award was bestowed upon a member of the successful graduating class of 1949 of St. Marys School of Law. The Honorable Ted D. Robertson accepted the Award from his classmate Dean Raba. Judge Robertson presently serves as Associate Justice on the Court of Civil Appeals, 5th Supreme The banquet was preceeded by a Judicial District. This award is given cocktail party hosted by Dean and to an outstanding and distinguished Mrs. Ernest Raba. Among the honored jurist. guests were the judges of the This year's twenty-first annual St. Supreme Court of Texas and the Court Thomas More Award was presented to of Criminal Appeals of Texas. Mr. A. Kenneth Pye, whose John Cornyn, immediate past distinguished legal career presently president of the SBA, emceed the. finds him as President of the banquet. Oville Walker introduced the Association of American Law Schools 1977 winners of the Norvell Moot and as Chancellor of prestigious Duke Court competition, Becky Gregory, University. Mr. Pye, introduced by Patricia Wueste and Donald Bayne. colleague and long-time friend, Dean Larry Ukar introduced the old and Harold Reuschlein spoke of his great incoming editors of the Law Journal. (Continued on Page 7) The 20th Annual Rosewood Gavel Students, Alumni and friends of St; Mary's celebrated the Twenty-first Annual Law Day Awards and Banquet this year at a new location. Fort Sam Houston Officer's Club provided the setting for the Student Bar Association function with over 300 in attendance.

SBA Update
by Greg Powers One of the major goals of the S.B.A. in the coming year will be to bring in more student involvement from outside the elected body. We intend to this buy recruiting accomplish interested non-elected studen~s to the various committees. By initiating this policy we feel that the efficiency of the organization will be increased as well as the confidence the students have in the S.B.A. Many of the standing committees will be revised with some committees being eliminated and some new ones established. We intend to define the funcllo'ns and pOlicies of each committee so as to prevent the overlapping and confusion that has existed before. our funds. The type of speakers we are trying to bring to St. Mary's are expensive; but by obtaining financial commitments from the various groups we should be able to establish a successful program which will benefit ·, all the organizations. Many of our projects ' will be carry-over's ,from last year's senate. Projects receiving immediate att.entions will be Separate Graduation and';

the Dead Week Resolution. Other projects also comprise the up-coming agenda but we do not want to spread ourselves so thin that we accomplish nothing. Therefore we will be concentrating on fewer projects this year than in the past with the intention of devoting more time and D~ring the summer the executive . manpower to each project. committee , will be at St. Mary's . . , As previously mentioned, there will planning many of next years projects. be a list of the standing committees projects. The primary objective will be published at the beginning of the fall to work on a speakers program. The .semester. I want to encourage any ' goal is to establish a committee interested person to contact an S.B.A. composed of S.B.A. members and member if there is a committee they representatives from the various law would like to work with. The projects school organization and also the for the coming year require dedication undergraduate senate. The reason for as well as manpower and we VoIill the diversity of this group is to pool . gladly welcome your services.

April 1977


Page 7

Hasta Luego, Senior Cantu
The Witan extends its best wishes to Charles E. Cantu, professor of law who w i ll be persuing his Dactral Thesis, from the University of Michigan at Ann Arbor this upcoming' year. Upon completion of his studies he is expected to return to 51. Marys. Professor Cantu received 0. B.B.A . from the University of Texas in 1961 , a J.D. from 51. Mary's University in 1964, and a M .C.l. from Southern Methodist University in 1965. He was also a Fullright Scholar in 1966. He informed the WITAN that he will no longer be seen drilling a blue corvette, instead he will sport a car which has bock seats and a tr' nk. As a final note he added, u "Farewell dinners and/or farewell parties and/or gifts are encouraged ."

No Summer Freshman
The Faculty Council , in which both the President of the Student Bar and the Editor oJ, the Law Journal belong, has decided to discontinue the policy of admitting freshman students as a separate summer class. No freshman students will therefore be admitted into St. Mary's Law School this su~mer. . When asked as to why the decision was made, Dean Raba listed the following considerations : _ 1) Less than half the nationally approved law schools have any summer session . 2) The split of law schools having summer sessions is nearly even, 39 state and 37 private schools. 3) Law school programs . are basically six semesters and three academic years learning experiences. 4) Nearly one-third (49) of the law schools do not permit acceleration of graduation . However, summer session attendance is generally encouraged as an enriching experience. Most of these schools do grant credit hours toward graduation, but not credit for weeks of resident study . The summer session attendee lightens the fall and spring semester course load and is further encouraged to participate in law journal , legal research and writing, moot court competition and experiential programs , but not at the expense of course work. 5) A study of the summer session beginning classes of recent years revealed about one-third (1/3) of the class graduated "on the track" in August, two years later. Most graduated in December, which ~an~e accomplished by those studel1ts who begin in the fall by attending tl'lree short sessions in the two summers and in roughly the same "27 months" elapsed time. 6) While the numbers applying for summer session admission have been falling, the applications for fall admission having been rising, over 52% for the fall 1.976. 7) Eighteen schools report to the American Bar Association a summer session beginning class, but .examination of the schools reveals five (5) are in the recently approved category, another admits in the part-time (evening) · division only, another admits only in a qualifying program, another admits in the spring semester and conducts a required full semester in the summer for these students and six other schools are nationally known state schools that generally admit residents in order to gain some non-resident input in the fall semester (conditions imposed by the legislature or the Board of Regents). Thus, only four established schools have summer sessions beginning programs available to all applicants. 8) Most law schools that have a summer session have a single eight weeks seSSion, which is just V2 of the usual 16 weeks of resident , credit semester. Thos who desire courses notJAvailable at St. Mary's may find an~ attend them elsewhere. Those students desiring a "summer away" will find most programs fit their needs.


Moot Court


by Patricia Wueste The Moot Court Board held interviews on April 5th to elect a chairman and three new members for the vacancies on the Board. Richard Hayes, Mary Ann Oakley, and Ciro Ochoa will Join Donald Bayne, Larry Dale, Jan Fisher, Wade Noble, Patty Wueste on the Board with Patricia McNair as Chairman. The winners of the Norvell Moot Court Competition were Becky Gregory, Donald Bayne and Patty Wueste. All three will make up the team which travels to Dallas in July, 1977, for competition at the State Bar Convention.

Law Day

(Continued from Pag~ 6) admiration for this historically important and colorful 16th century figure who was martyred for refusing to accept the Act of Supremacy of VIII. Mr. Pye continued his talk by pointing out that we, as citizens and future lawyers, should not be dismayed by cases that at first appearance release guilty subjects on technical grounds but who ultimately are Imprisoned. Instead he points out that this is a sign that our legal system Is healthy in Its protection of the constitution. The 5th Annual Outstanding Alumnus Award which is usually given on law Day will be formally Awarded to the Hon. Pat Legan at the 1977 Red Ma~s celebration because of his Inability to attend the Law Day WlA bows to faculty for second straight year In their annual softball confrontation score: WlA 10-Faculty 14. festivities.


Witan Exclusive
Law Sex Section 101
David E. Chamberlain Sex is a much thought about , but, unfortunately, a little talked about facet of our law school careers. A quick survey I ran last week produced some interesting results . I tactfully asked several of my companions at coffee the other day what they thought about sex in or out of law school. Two respondents answered that they were very much in favor of sex but indicated strong reservations about it if another person was not involved. One, interestingly, was opposed to sex in any fprm or fashion, and contended again interestingly, that any published discussion of sex belongs in the WITAN's April Fools issue. The last two respondents state, with some dismay, that they could not remember sex sufficiently to render an informed opinion. Why don't we hear more about sex in our everyday law school lives? The answers are many as they are varied . They may, however, be reduced to four basic theories. First , lack of time. "My husband expects me home by five o'clock." Secondly, lack of It has been forcefully argued !fRat the day-to-day life of a law student is somewhat similar to a foot soldier in a battle zone. It is a fact that the stress of Orville Walker's questions and I or bullets flying overhead are enough to significally reduce any individuals sex drive for a fortnight. Thirdly, the logistics are not favorable . " I cannot indulge because Col. Francisco has assigned us seats next to each other for the semester." Finally, it is not the type of conduct becoming of the profession . If you do not believe this one-proposition Ed Schmidt . Law students and law professors' should turn to themselves for answers to these problems . Some solutions are apparent. Orville Walker could easily resort to strictly lecture in class and Col. Francisco could abandon his seating chart. Professor Cantu could incorporate strong sexual innuendo into his lecture on a regular basis. The library staff could tactfully place pornography at various places in the · stacks. The fraternities could make to the significant contributions library. Professor Cantu could share

Sex Symposium
his "angels" with the rest of us. .Anyway, they're I pretty comfortable Professor Black could make a rebuttal financ ially, and when Dick is off work argument concerning the Hustler his time is his own . Consequently, decision . Dean Raba could marry they do lots of interesting thingsSophie. The St. Mary's Law Journal movies, concerts, short trips. They could expand this limited symposiu m even stay in bed late on Saturday and into a full-b~own expose. The rest of Sunday . To make a long story short, us could resort to winking at each they spend a great deal of time together-as Helen says, "they pay other in class . attention to each other' ... " " Uh , Thad , I don't see what Dick and Unprepared Jane have to do with your level of unpreparedness in Wills, Trusts, and by Raymond A. Desmone Mortages ." " It's simple Tucker. Before Law Class was finally over and they were on their way to the coffee shop. School , we had a perfectly normal Tucker broke the contemplative relationship . Now my relationship silence. "Damn, Thad, its only 11 with Helen is putative, and I'm o'clock and you've managed to get a meretricious relationship with three unprepareds already ." Thad Hornbook . Helen contends that I jus shrugged defensively , and through don't pay enough attention to her gritted teeth said , " Its not my fault anymore. She told me that before I that all my Monday classes are started Law School our relationship scheduled before noon , and beSides , was intimate, sensual, lusty, and-on how did I know that my name would occasion-down right obscene. Now come up in all three classes?" Tucker she's upset because I'm always on the said, " But Thad , you had all weekend go-classes, studying all night, to get ready. It's just not like you to be clerking, law journal, study group totally unprepared in every course. I meetings on weekends, whatever. I know something is on your mind and I suppose she's got a point, but after want to help if I can ." As Thad opened all ... well dammit Tucker I just have a the coffee shop door he said, " It's a need to feel like I'm one up on the next long story ." Tucker sighed and said, "I guy , like I've really accomplished don't have anymore classes, and I something. " " Did you tell Helen that? suppose I can drink a few cups. I need " No. " to wake up anyway ." "Well , what did you tell her?" "Well Tucker, it all started Friday " Before I got a chance to tell night. Helen and I had some old college friends over. Dick is a anything, she insisted that I just I promising young executive, and Jane the books alone for _a .while, ' and we (Continued on Page 11) is a promising young housewife.




Compiled by:

David E. Chamberlain
Patane's Pickup Pointers
by Joe Patane
The ten best places to meet women in San Antonio. (Note: Not in any order) 1. Any " Disco Daddy" bar in town if you are ready, willing, and able to play the "Plastic City" game. (Best results if you wear a sign around your neck that says "I go t6 law school. ") 2. Outside the women's rest room at section 114 at the Hemisfair Arena during any Spurs game. f you are looking for divorced n then go the the Children's Zoo in rackenridge Park 'on a sunny Sunday afternoon . 4. At any ethnic festival (e.g. Wurstfest, Italian Festival, Fiesta, etc.) 5. Any lobby of the women's residences at Trinity. 6. At the Crystal Pistol or Bombay Bicycle Club if and only if you tell people yoll go to Trinity. 7. Hipp's Bubble Room on any Monday Night. . 8.. Any fast-food restaurant on a weekend night that is open past midnight. 9. The undergraduate library at any college or university in town . . If worse comes to worst you a large selection of ma,ssa~e • p ours in town where It IS guaranteed that you will meet a woman (providing that you have at least $15). 11.' If you have exhausted all of the above with little or no success then hop in your car and take a short drive to Austin where the rate of success in meeting a woman is 99%.

* D. Callahan * Johnnie Davis '* Raymond A. Desmone * Joe Patane


suggest that law students are undersexed . On the contrary, but I d() submit there may be a higher element of frustration within the student body populace than in a mor~ normal environment. I recall a statement made by a fellow student last semester wherein his wife was angry and demanded an apology . The student retorted that he had no time to apologize let alone make her angry. This type of atmosphere is not conducive to a fulfilling sex life. On the others ide, there are those of us who are single. From a woman 's point of view, or at least mine , sexual encounters involve strings . Now strings are not as distasteful as the word connotes, but they are time consuming and time is a valuable asset in studying law . It is very difficult to have a relationship with someone on a meaningful basis when that very relationship has to be placed on a secondary' level to your academic achievement. It might be meaningful and fulfilling to you but the other partner is a rare breed if he or she can continue to feel satisfied in a secondary pOSition . Indeed, I wonder if that is a fair proposition to request or demand. Law school necessarily is a self-centered time. A worthwhile sexual relationship involves both giving and receiving. When you take on the run and give sporadically , you just cannot expect much in return and you usually do not get it.

Notes after the Case

D. Callahan

.Sex and the Single Student
by Johnnie Davi's I submit that sex in law school is nonexistent. Maybe that is somewhat an unfair statement. I am sure there is at least one happily married or otherWise student whose sex life is something more than nonexistent, but in my less than exhuastive survey, I did not find one. Personally, I think a quickie between briefing torts and contracts would be nothing more than a negligent overreaching .. .. I do not

Comes the often omitted, small-printed question in the notes following. III the case on dilatory pleas- ~Aat } about the sexual activities of law students? Oh well, we all know ' the answer to that one. Remember that time. '," when was it? Last year? On being asked to contribute to Mr. Chamberlain's symposium on Sex and Law Students, I si lently wished for a judgment nihil dicit. I question as dubious any serious expectation of any clarification in the presentation of any essays on sex unsupported by any empirical research. Nevertheless, a short statement of opinion and further investigation into the matter couldn't hurt. As a general rule, gone are those fraternal and sororal times wherein friends mutally inquired about before and after, bragged about before and after, and traded stories before and after about their sexual activities. Still with us is the tendency to associate in groups of paired couples. In other , words time brings to most law stude~ts an appreciation of the private aspect of sex , even if it's still a thing many enjoy with more than one (Continued on page 11) .

Page 10


April 1977 one possibly have for running? Surely not to accomplish great things; the SBA cannot even get us another dry copier despite hours of time spent making Iif~long friends at the holy machine. The comment is that I hope (for the sake of the SBA) that the lackadaslcal candidates who had questionable reasons (were they ever) for running become responsible enough to push for student needs regardless of how much effort is required. They already have something for their all-important resumes, now let's see if they earn it. -Jilted Dear Editor, If more broads would offer cash around here they wouldn't have to sit home, alone, every Saturday night! -Joseph Cash Only Sedlak III Dear Editor, No one would deny tnat the entire cast and crew responsible for production of this year's Assault and Flattery should be commended for a varied and lively revue. The Industry and talent that went into the show were noted and appreciated by one and all. One aspect of the show has, however, given me reason to express cautious criticism. That aspect relates to the portrayal of Mr. Godwin, which was strikingly different in Its basic perspective from those of our other J beloved luminaries. Whereas the caustic treatment of all others was grounded in familiar facts, mannerisms, personality, and reputation, Mr. Godwin was accorded treatment inconsistent with tasteful "roasting". He was ridiculed as a buffoon. And to show Mr. Godwin stumbling and stupefied constituted an unwarranted departure from any reasonable image that a student might have formed from his own experience. (Why was there no effort to re-create Mr. Godwin's celebrated arm-waving?) To some, coming ~ o the rescue of academic figures known by us mainly for their aloofness and preoccupations may seem like generalized bootlicking; others may consider it a sentimental impulse. But the insistent fact remains that there is a basic difference between caricaturing one'J> known excesses and inputing non-existent if they were mere traits as exaggeration . I reiterate that this criticism does not seriously detract from the show's essential praiseworthiness. -David Weiner

Dear Editor,

I am writing . in regard to Mr. Robbins' article (The All-American Boy or Almeda Street Blues) in the March 1977 issue of the Witan. Really now Mr. Robbins, how can it be said that the Reasonable and Prudent Man's wife "is also a Reasonable and Prudent MAN"? I think that even in Ohio you will find that the RPM's wife has come a long way . Also, if you will check Professor, Wade and Schwartz at 161 you will find that even they acknowledge that referring "to this mythical person in the masculine gender .. .. . is now outdated. The form used is the Reasonable, Prudent Person ." -Joe Ruppert Dear Editor: I am writing to complain about the reference in your last Witan to the members of the Women's Law Association . as "Broads". ("Broads

tion of news. I assume the reference was concluded during a moment of high humor and without ill will, but this does not excuse the fact that this publication by law students clearly evidences a sexist attitude. I also assume that your staff would not stand for a similarly degrading reference to members of a racial or ethnic minority and I see no justification when the object is the female population of this law school. -David Dlttfurth DD/dd Dear Fellow StudentsAs another round of SBA "elections" ends, an observation and a comment are most appropriate. The observation is that a most humorous candidate offered himself for the vice-presidency-Howard Strackbein -who had the gaul to promise he would not use any office he might win in his resume. Imagine that! Was the man crazy-what other reason could

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April 1977
(Continued from Page 8) pay attention to each other." "Well?" "Well, we paid attention to each other. Boy, did we pay some attention. We ... " "Enough Thad. I don't want to hear all the juicy details of your adventures . What did you tell Helen?" I explained that the desire is a strong as ever, so naturally my fantasies are just as strong - vivid, striking even. That the wherewithall is ever present, and that If I had the time I'd pay all kinds of attention." "You certainly -.yon't get any A's in tact. How did she react to that?" "Well, after we got the tear stains off of my appelate brief she sat down and figured out a schedule whereby we would have an hour a day to pay attention to each other-before my faculties were overpowered from an ing with my Hornbook." "Did it work?" "Last night, after dinner, was night, and it was a dismal failure." "Why-I mean if you have the desire, great fantasies reinforced by your 'ever present wherewithall', and a whole hour. .. why was it a failure?" "I WAS UNPREPARED." "Thad?" "Yeah Tucker" "Maybe a matinee would work better." "C'mon Tucker, you know I have a study group from 1 to 3."

THEWITAN since the developmental task most law students are about demands a total measure of sublirn"tnation, it's unlikely that the sexual activities of law students would be anything to Sh0ut about. "A shot in the dark?" or "Till death do us part?" And whether the candidate is able to water the sexual 'roots of his nature is not the big question. It's a little question that, during the time of law school, is included only in the notes after the case. '

Page 11


St. Mary's Student Elected To State Office
Elma \ T. Salinas was elected Vice-Chairperson of the state Chicano Law Student Association. Ms. Salinas journeyed to Austin early this March to attend the state meeting as the St. Mary's chapter representative. "Besides election of officers and regular state business, 'a lot of time was spend focusing on national issues. Among the things discussed were greater participation by women, the opening up of the organization to workers in law-related fields and changing the name of the organization to invite greater participation," said Ms. Salinas. The proposed St. Mary's MexicanAmerican Law Student Association has elected provisional officers . They are: Pres. Elma T. Salinas; V-Pres. Jose Garza; and Sec'y-Treas. David Garcia. A committee headed by Victor Negron has been appointed to formulate the group's goals and objectives . A proposal is being drawn up to submit to the faculty and committee for official law school reco'hgition of the organization.


,'by Patricia McNair

The Order of Barristers is a national honorary organization whose purpose is the encouragement of oral advocacy and briefwriting skills through law school programs. The Order was 'begun in 1965 at the University of Texas Law School, and now has over \ 55 law schools participating. Membership is' based on one or more of the follciw fng: 1) mem' teams; 2) participation 'in competitions and administration of. v moot court programs ; 3) performance; . 4) participatiop" in teaching programs for briefwriting and oral skills .

(Continued from Page 9) , , person. Yet the tendency or instinct to ialize as a couple is still alive, if ot maturing. I would imagine that, on the level of the individual, the next serious question after "How's it going?" should be "How are you handling the stress?" It's my opinion, be it an obvious understatement, that any news about law students and their sexual activities should begin, middle and end with the stress a law student encounters in his initiation into the field of law. Before being accused of filing my own dilatory pleas, I believe that the introduction of a person into the field of law is in fact a special kind of social initiation . As with most rites of initiation, the candidate endures great periods of submission-not knowing even if he will endure the entire test. I'm not suggesting that the L.S.A. T. does little to measure a person's ability to healthily express himself sexually while under stress, although it doesn't, but I am suggesting that


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& Swine

by Raymond A. Desmone
This installment offers practical solutions to some of the more pressing problems of the day. For professors who are tired of being pressured to post exam grades: to extend Convince the dean Christmas vacation to March 1. This would allow you leisurely to grade your exams, and students would have their grades in the first week of the Spring .semester. In answer to students who might protes't such late Qrades, explain that law firms across

the nation are so eager to fill their summer clerking positions with St. Mary's students that they have agreed to extend their application deadlines to April Fool's Day. For gun control freaks: Inform the Food and Drug Administration of the fact that guns emit impermissible levels of lead. For pro gun freaks: Have your congress person introduce a federally funded program of gun stamps for the poor. As justification for such a program point out tl1at without equal opportunity guns, family arguments might go unsettled for hours. For proponents . of the double standard who have trouble justifying their position: Simply quote Anatole

France- "The law in its majestiC equality, forbids the rich as well as the poor to sleep under bridges, to be in the streets, and to steal bread." For those who find the above solutions untenable, or can't think of alternative solutions, or just don't care: Emulate the ostrich.

explained it to her. "bh, well have you now so why don't you see Ethel." paid your tuition?" Do you have any "Who is Ethel?" "Gh she is our outstanding parking tickets? Does Lithuanian Law expert, but she keeps your mother belong to the junior the records. Oh, but wait. Sh by Nixon Wheat league and contribute to the keeps Mr. Francisco's sound effects The other day I went in to find out symphony?" I ansV{~red each of her records. Well, I'm sorry. You'll just my G.P.A . I first went to the questions and finaUy she says, "Well, have to see Fanny in admissions." receptionist who after much excite- I don't know who )las those records, Wham went the window and the ment and five minutes of waiting, but why don't you go ask Eva?'" looked up with a most beautiful wide "Who and where ,is Eva?" She is smiling receptionist went back to insincere smile, said, "Yes, Can I help down the hall turn Jo the right, go getting her pedicure. I finally went into the admissions you?" I old her that I wanted to find about two blocks and she might be in out my G.P.A. "Oh well what's that?" I but she usually does her nails right office and asked for Fanny. "Oh Fanny died three years ago , but she's still in her office if you want to see her. But I 1 wouldn't go in there, the smell is 1 simply awful." 1 "Well, do you have the records?" "No. Ethel keeps the records." " Not those records. The G.P.A.'s." "Oh you can't see those unless your : father has Gucci loafers ." . .; I lied and said that he did. "Oh my goodness, let mego ask the ' With . With Dean about this." Coupon Coupon After much yelling and excitement in the Dean's office, his secretary came back out. "Well the Dean says 1 your Dunn and Bradstreet rating is not high enough for your father to afford Gucci loafers, so forget the G.P.A. Anyway, the Dean doesn't even let that information out to Pat Strong, but I'll give you a tip. Ask Carolyn Walker. 2 'nmi'adas Smotlt.r.d In Made" I She knows everything." I threw up my arms and sat down on Clti'i and Grat.d CIt••s., Witlt Rice, Beans, a glass topped table and started crying . At that time a faculty member Sa'ad and Tortillas rushed out and told me never to sit on that glass. If the Dean should see me, he would have me immediately thrown out. Later I saw Carolyn and she told me that absolutely nobody at · school would talk to be because the ·1 Administration had posed by Dunl' I and Bradstree rating and it was eve'" I . lower than the G.P.A.

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PaQe 13

Scintilla & Glimmer

All .
Things Considered

Kim's Shorts
by Kim Weixel Attorney and life time resident William (The) Fish died Thursday for obvious reasons. He wore other people's clothes until the age of thirty-four when he took a bus to where he sat in a tree and learned to play the flute. His jaunty gait and winding smile reminded one of a small mammal. The lesbians in his life were numerous and tall. His ready wit waxed poor as his December years proved unkind. He was prone to fill his wallet with shaving cream and chase small girls in uniforms. He is survived by his son, Step, from a previous marriage.

by Bill Bryant and D. Callahan ' Two evidence dwarfs shimmering, shaking on wavetops off wharves. But from the jury by the judge t~ey were kept. In his penury, plaintiff had wept, pondered, worr.ied; and not slept. Oh Scintilla, my glimmer now shows much much dimmer. If only you weren't an evidence dwarf shaking on waretops off wharves, then thy corpus ephemera would substance be lent, and my attorney fees doubtless wo~ld be better spent.

The Last Aliance
by Edward Schroeder Long fingers clenched in pain open slowly, flowerlike, with newfound grace. Long lashes tremble, drying, tears dispelled, eyes awake. Sorrow fleeteth. 1 Oct. 75

On Advocacy
by l.A. Potter III

fhe adv'ocate flourishes in a strange convoluted world , its a world where day need only be called night and stars will glow-though dimly ... at first, where red MUST be blue and the retina strains to shift the spectrum, wher~ time is found inoperative and today becomes yesterday... or tomorrow .. . or last week. He/She is a chameleon, an alchemist, a necromancer. fact is transmuted into fiction and fantasy into reality, tangibles waver and fade to mere wisps while delusion .' acquires substance and form" truth is forged until maleable as copper ... or alloyed into steel. .. or even spun like fine delicate glass. Its just a role played out on a compliant stage; its a cloak put on each morning to be shrugged off as efficacy wans. but each succeeding sequence demands more-consumes more. the immersion deepens until the struggle to return to self to cast aside the adopted mantle, is finally lost, and day truly IS night. .. IS day ... IS night... LA Potter III

Matriculating in sp.aceComplaining about my German sunburn I can see life as a drawbridge piled with the soft parts of a three-bean salad And she pads the linoleum of space fixing ' flapjacks for Captain Stoggs Janitor of the planets .
II Loosely tied organs land in a village of butter Where jets create ketchup I see steamy Vincent Trailing from my consciousness like Cigarette jingles
III Aye we see ourselves as dogs at the circus Hiding from the lions And buying popcorn with Roosevelt dimes





-Next to Handy Andy at Bandera & Woodlawn-


Page 14

THEWITAN Unfortunately our third seminar competed with Moot Court finals , the Academy Awards, the NCAA basketball finals and who knows what else. Put together and moderated by the Chairman of the Law School-San Antonio Bar Liaison Committee , Peggy Maisel , this presentation was concerned with different types of practice - plaintiff firm , defense firm , corporate firm and. solo practice . Those in attendance stayed late and listened attentively to Keith Kaiser (Cox , Smith) , Joe Krier (Grooe, Locke & Hebdon) Bob Sohn (Tinsman & Houser) and Pat Pape (President-elect of the San Antonio' Bar- Association). We are planning .to start early next fall with seminars',~ beginhing with something akin to the one on resumes interviewing .. WATCH FOR and THESE! If you are a seoond-year student interested in judicial clerkships after graduation, please drop' by the Placement Office. The AALS timetable is out, accompanied' by a list of courts which have agreed ·10 abide by the timetable . Briefly '" the guidelines provide for April 15-as the beginning

April 1977 date for sending resumes, interviews throughout the summer and early fall and appointments of clerks to be made no earlier than September 1, 1977. Some courts will interview much later. But to be sure, apply early. Don't forget the Placement Board outside the entrance to the Library. We have posted many jobs permanent and clerking - and many more are coming in every day. And you attorneys out there in the community, call us with your job needs.

Placement News
by Sue Hall
If you mjssed . the placement seminars which were presented over the past month , you are at a disadvantage - unless you have a job already or a rich uncle. The first seminar was specialized and concerned LL .M. programs in taxation . Three practicing attorneys from the community, each representing a different school, discussed the programs they attended. They were Pete Wolverton, NYU , Bill Scanlon, George Washington , Bill Gremillion , SMU. Good, practical information. The second seminar, held at 8 a.m ., featured "Skip" Good from Groce , Locke & Hebdon and Robert Scott from Tinsman & Houser discussing resumes and interviewing. They were very open about their likes and dislikes as interviewers for their respective firms, and provided those in attendance with a good overall picture of interviewing plus some specific hints.

Vaya Con Dios
Sister Teresa Trimboli, will be leaving this summer to join the law library staff at the University of Dayton in Ohio. Always willing to help a fledging law student-she will be sorely missed . Thank you Sister.

Students Named To Clerkships
by Linda Lampe Behind e~ery good judge there is a dedicated clerk to assist in wading through barrage of litigation propelled at the courts . The limited number of positions are in great demand and the qualifications necessarily high. St. Mary's students have reaped a fair share of court clerkships for the upcoming year. Three of the nine positions available for the Court of Criminal Appeals will be occupied by St. Mary's students Chrys Lambros will clerk for Judge Douglas beginning August 1. Also on August 1, Mac Secrest will work for Judge Odom. Bill White will begin working for Judge Green on March 15. Jess Rickman will work for Judge Sears McGee of the Texas Supreme Court beginning August 1. Two St. Mary's students were selected to clerk for courts of Civil Appeals. George Spencer will be going to the Houston Court of Civil Appeals to work for Judge Coulson on September 1. Brian Wright will stay in San Antonio and clerk for Judge Klingeman in the Court of Civil Appeals. . Tony Chauveaux has tenatively accepted a clerkship with the Eastern District, Federal District Court in Beaumont, beginning January, 1978.

by Frank Gerold On the 29th of March, The Criminal Texas Bar. Law Association of St. Mary's Law Summing up, Mr. Butts talked at School presented a luncheon on length on the importance of campus, featuring Mr. Charles Butts 'reasonable doubt' and the need for as the guest speaker. Mr. Butts was impressing upon the jury, the meaning formerly a Criminal Law Professor at of the term. The jurors are the final the. Law School, arict: is presently the judges of the facts, and it can't be Director of the State Bar Assoc . and stressed enough that a reasonable engaged in criminal practice with his doubt in their minds must be resolved wife , Ms. Sh irley Butts. in favor of the Defendant. After a delectable feast of . It isn't often that St. Mary's is host sandwiches and ice~ tea , Mr. Butts to a speaker as witty and personable took over the podium and the attention as Mr. Butts. His ability to impart of those present with ,a discussion of sound, legal advice combined with a the mechanics and presentation of a vigorous wit, makes him an exciting criminal case. In his ' talk , Me. Butts speaker. His grasp of the subject took a three part app r0 9ch to his lends credence to his reputation as the subject. Initially, he spoke on the one lawyer in Texas with the greatest importance of investigating the facts number of acquittals. Once he surrounding the proceedings. Not. attained that pinnacle of success, he was asked to leave the office of the only does it help in the preparation, District Attorney-and for now, he. is but it also helps in avoiding surprises ensconced in private practice. Two in court from the ollPosition. questions remain. Will Charles BU,tts Beyond the basic.-preparation , Mr. still seek acquittals, or will he go the Butts spoke of the trial tactics, extra mile and try for convictions? In courtroom demeanor, and the any case, the Criminal Law importance of the record of Association looks forward to any the trial. Interspers ed ~ with the points occasion where Mr. Butts may speak. of discussion were many humorous He is a delight to listen to, and and sometimes increaible anecdotes hopefully, he will appear once again to from Mr. Butts' courtroom experience spin good tales and teach in his own and other legendary characters of the inimitable fashion.

Butts Addresses C.LA.


April 1977


School Finances Viewed
by Mark Miller The data in the above ~raPh was obtained with the perm $sion of Brother Grey, Vice President of University Planning, and reflects total Iaw school income and costs from 1967 to 1916. During the years immediately following the 1965-66 move to the present campus the law school was subsidized by the University in order to overcome operating deficits. Since 1972 however, revenues generated by the law school have exceeded it's expenses . In November 1972 an American Bar Association Visitation ..n~nlTll"tee studied the 1971-2 and budgets and recommended that the law school be allowed to retain a greater portion of it's revenues. This recommendation coincided with the arrival of Father James Young as president of the University in 1973. Under his direction the University has attempted to reduce it's share to approximately five percent and then to maintain that level. The rational for this surcharge , s that the i University is entitled to be reimbursed for administrative costs incurred as a result of its association with the law School and it feels that 5% fairly reflects that cost. The University and the law school disagree as to what proportion of the r.nlmnlnfltn University and law school r-.v"lrh'~At1 cost should be borne by the law school. Because the overhead bill is apparently inseparable, the law school presently pays a percentage of

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~1 " ~ ro w n 73 74 1S 76 LAW SCHOOL INCOME AND COSTS



the total university overhead equal to it's proportionate ~ share of the combined direct costs of the university and the law school. The figure in the original 1975-76 budget was 18%, yielding a $240,000 law school overhead cost. The University believes the law school may actually account for more of the cost than this formula allows and in the future may ask the law school for a larger contri bution. of an internal The shifting bookkeeping statistic may not be as tangible to law students as having to pay a higher activity fee, however it is important because of the large dollar amounts involved and it's long term significance to future law school budgets. For example, the recent ten dollar hike in student activity fees

multiplied by the approximately 650 law students produce only a $6 ,500 higher cost. If the 18% share of overhead in the 1975-76 original budget was raised to 24% however, the additional cost to the law school would be approximately $80,000. law students at St. Mary's are concerned with what happens to their tuition dollar, but because the facts are often dull , complicated and difficult to find they have settled for an attitude of ineffectual antipathy toward school finances. Given the high student interest on one hand and the lack of hard inforr;nation on the other, perhaps the Student Bar Association should create a permanent committee devoted to the discovery and pl:.lblicizing of law school finances .


(Coni. from Page 6) there has been foul play. Some theorize that a conspiracy of unknown magnitude is afoot; others believe the fires were intentionally set to collect the therapeutic proceeds. All insist that regardless of the obvious confusion and deception, they have 'a right to know who is responsible . The eventual winners of the Freshman Moot Court Competition were Pat Mansell and Keith Davis. The team that took 2nd place was composed of Bernie Delia and Eddie DelaGarza. Kudos go to all that participated in the competition this year. Every team demonstrated great presence before the judges and there Is no douQt. that this year was one of the most closely contested competitions that has yet been held .


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April 1977

Fruit Salad, Etc.
allow St. Mary's Law School. to become more 'competitive in the recruitment of minorities, they will further serve as the necess, ry impetus a for the South Texas Law School to become more of a factor in the growth and progress of the people of its area. be a This should not only commitment, but an enthusiastic involvement in recognizing the needs of South Texas. The prestige, quality and professionalism of St. Mary's Law School and its graduates are elements necessary for the enhancement of an

(continued from page 1)
an objective a[1alysis of the data accumulated . There still remain questions unanswered and criticisms unaired, primarily because of the sometimes uncertain nature of the data. However, we feel we have discussed the issues most relevant, concrete, and foremost .in the minds of those concerned. We hope that this has not been a futile exercise in journalism, but has in fact, and will in reality, spur innovative and constructive action.

area with so much need. A more active program within the Law School itself would be the beginning of a conscientious effort toward recognition of existing demands in South Texas ahd San Antonio. It would be an effort long desired, long expected and long overdue. This article was not intended to be a regurgitation of figures already set out in prior issues of the Witan. It was, however, meant to set out what . was actually accomplished, and to provide

What Is Justice?
principles of policy which are other than those on which the particular right is' founded, and which become strong enough to hold their own when a certain point is reached." (Hudson County Water Co. v. McCarter, 209 U.S. 349 at p. 355, 1908) Justice always proceeds in the preconceived direction that 'our notions,of what justice happens to be. There is the story of the little boys who had so much fun in throwing rocks at the frogs in the pond . The boys had a great time but it was ·t.fflrd on the frogs . The Romans threw the Christians to the lions for their own amusement. Their search for gratification and pleasure far outweighted their sense of justice. Among those readinc this dissertation some of you conceive yourselves to be "plaintiff minded ." In such even justice is obtained if the poor plaintiff prevails against a wealthy corporation even though the plaintiff's case is based solely on inadmissible hearsay . The rules of evidence are forgotten in order to reach a just result. This same

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at all. To another it involves both a moral and legal wrong which should not go' unpunished and he procl~ims that the dignity of the law must be upheld and justice be done. The law has long struggled with the of obscenity, capitol problems punishment , censorship, abortion, just to name a few . There is little chance that all would agree on their solution even though there is unanimity that justice should prevail. Our sense of justice is dependent upon each individual's point of view influenced by his own bias or prejudice. Human nature can have it no other way. Justice must remain intangible dependent upon predilections of each individual. Do not despair. Justice is with us, like truth crushed to earth will rise again . Justice has its own way of surfacing much like water which seeks its own level. Solace can be gained by the words of Amos when he proclaimed, "But let justice roll down as waters, and righteousness as a mighty stream ." (Chap. 5, verse 23)

person may also think of himself as "defense minded" in a criminal case. He has little difficulty in approving the exclusionary rule of illegally obtained evidence which results in turning the criminal free . This self-contradiction is overlooked in order to reach the end result-justice . Suppose a poet writes a sad poem on unrequited love. A rejected lover reads the poem and commits suicide. Who should be punished, the poet or the lady who rejected him? Did they not both contribute to his death? Suppose the law requires the owner of a vehicle to i'nstall his license plates on January 1st; however that date happens to. fall on a Sunday. There is also a law prohibiting any labor on Sunday. Should a man be punished for doing what the law commanded him to do? In our pursuit ' of justice it is necessary that we ignore one law in order to enforce the other. Which law would you ignore? Suppose a man is on trial for throwing dice. To one person gambling is a minor vice , if any

Shelly and Howard Dominate Law Doubles Tournament
On Sunday March 20, at eight o'clock in the morning, sixteen teams began playing. By 5 o'clock Dennis Shelley and Derek Howard emerged victorious. Howard and Shelley seemed to exert little effort in coasting to the tennis finals where they met Scott Breen and John Lynch. On their way to the finale, they gave up only four games in their first three matches . Breen and Lynch had a little more by Douglas Wright difficu'lty. After winning their first two matches in straight sets they faced Frank Warner and Burt Mason in the semi-finals. Warner and Mason were not to be taken lightly. The first set went the distance, ending on the last pOint of a tie-breaker in favor of Breen and Lynch 7-6. Warner and Mason were not through. They came back to take the second set 2-6 before dropping the last set 6-0. In the championship Howard and Shelley were true to form in the first set, taking it 6-1. Breen and Lynch stormed back in the second set winning it 4-6, before succumbing in the last set 6-3. Despite the long grueling day of tennis, the two teams enduring the finals were unceasing in their determination. Those who were on hand to witness the event, knew they had seen some great tenfiis. Douglas Wm. Wright




Prof. Orville Walker, Victor Hugo Negron, Jose Garza, Pablo Bustamante, Denny Callahan, Chuck Billings, Greg Powers, Patricia Wueste, David E. Chamberlain, D. Callahan, Johnnie Davis, Patricia McNair, “The Witan, 1976-1977 Academic Year, V. 4 No. 9, April 1977,” St. Mary's Law Digital Repository, accessed December 9, 2019,

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