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9 Cornell Law Forum (Student ed.) 1 (1956-1957)

handle is hein.journals/corlawfose9 and id is 1 raw text is: Tm-i CCLINtLLLA DLUME 9 THE CORNELL LAW FORUM, ITHACA, NEW YORK, OCTOBER 31, 1956 NUMBER I vlacDonald Made MOOT COURT PLANS CHANGES: HOLDS BANQUET 2ommissioner One of the state's best known legal ouble shooters has been appointed member of the commission that he rved for 22 years. Professor John W. MacDonald has en appointed by Governor Harri- an as a member of the Law Revision inemission. He was named to a term ,piring December 31, 1958 to sue- t d the late John F.X. Finn, former wrn of the Fordham Law School. MacDonald, who has served as ex- • utive secretary and director of re- arch for the commission since it is founded in 1934, said today, that though he could no longer continue ring in his old capacity on the nmission, the commission's head- tarters would remain in Myron Tay. r Hall. MacDonald, who was a member of e Law School class of '26, joined e Law School faculty in 1930 after rving as clerk of the New York tort of Claims for three years. In k35 he became Professor of Law. ofessor MacDonald served as chair- an of the Law School Administra- in Committee from 1954 to 1956. MacDonald is a member of the Cor- 41 Law Association, the American ir Association, the Bar Association . the City of New York, the Tomp- ns County Bar Association, the New ark Bar Association and the Amer- an Law Institute. He is also a mem- .r of Phi Beta Kappa and Phi Alpha ,Ita Law Fraternity. The I.9w Revision Commission has n duty of examining existing law, urt decisions and the like to detect .ws or situations not in harmony •th modern conditions. It recom- ends changes to the Legislature. Its at major project was its study of e Proposed Uniform Commercial de on which it reported to the Leg- ;ature last spring. ossiter Addresses aw Wives Meeting On the second Tuesday night of .ch month at about eight o'clock, if in should casually wander around e corridors of Myron Taylor and tss the men's lounge, you may find startling change in scenery. Instead . grey flannel pants and pipe, you ill find quite a number of skirts and ,eaters. This is the monthly meeting * the Law Wives' Club, whose mem- rship numbers somewhere over a mdred. On October 9th, the club held its -st meeting with a guest speaker, linton Rossiter, Professor of Gov- i'ment in the College of Arts and -iences. Professor Rossiter outlined xe Presidential and Vice-Presidential ities. He also gave the girls an in- ght into just what the Democrats ust do if they want to win the '56 tction as opposed to what the Re- iblicans must do to hold their Pres- lential leadership. Thoron vs. Schlesinger One of the features of the Moot Court Banquet, held last Friday evening was Dean Thoron's chal- lenge of Professor Schlesinger to a Moot Court argument on the cur- rent national Moot Court topic of criminal insantity. In his accept- ance speech, Professor Schlesinger stated he would take the side of the government and argue that the current tests for insanity are the correct ones. The argument will take place next semester. Court Revised For New Class Beginning with the entering class this fall, a completely revised first year Moot Court program has been instituted. The most significant change from the program with which the upperclassmen were acquainted, was introduction of a new one-hour a week course, called Law Research, which will be given to first year stu- dents from September through De. cember by Professor Cardozo. The new course, which is designed to give entering students better train- ing in the use of library materials, assigns library projects which are re- quired to be handed in and are cor- rected. After the course, which car- ries with it one hour of credit, con- cludes in December, the first year stu- dents will submit the customary Moot Court brief, and oral arguments on these briefs will begin during the first week of the Spring semester in Feb- ruary. Unlike previous years, the second semester's Moot Court participation for freshmen will be voluntary, but it is upon this competition that the an- nual award by the Phi Alpha Delta fraternity for outstanding achieve- ment in Moot Court for first year stu- dents will be based. The judging will again be done for first year students' arguments by sec- ond year students who have elected to take Moot Court, and will be under the direction of the Senior Moot Board, headed by Chancellor George K. Bernstein. Also elected to the Moot Court Board in elections held last Spring are Robert Gluckman, who will serve as Vice-Chancellor, and Robert Simon, Secretary-Treasurer. The second year Moot Court pro- gram will follow much the same for- mat as in previous years. Participa- tion will again be completely volun- tary and members of the faculty will serve as judges. One innovation in the second year program is that this year, for the first time, actual cases will be used. Arguments among second year contestants will begin immediately following the conclusion of the Senior competitions, which will be around the end of October. Three Recognized For Exceptional Scholarship This year as in former years, three awards were bestowed on three wor- thy third-year men. The Boardman Prize of $100 given to the student who has done the best work at the termination of his second year was awarded by the faculty to Melvin Howard Osterman, Jr. The prize comes from a gift of Judge Douglas Boardnan the first Dean of the Cornell Law School. The Frazer Prizes, valued at $100 and $50 were received by Joseph Ed- ward Lynch and Thomas George Rickert respectively. These awards were voted upon by the members of third-year class from a list of ten sub- mitted by the faculty; the list being compiled on the basis of outstanding scholarship. The prizes are given an- nually in memory of Alexander Hugh Ross Fraser, former librarian of the Law School. Mr. Osterman and Mr. Lynch did their undergraduate work at Cornell; Mr. Rickert is a graduate of the Uni- versity of Rochester. Chancellor George Bernstein, (centerl assisted by Vice-Chancellor Robert Gluckman, (right) and Secretary-Treasurer Robert Simon look over the Moot Court Room before last week's senior Moot Court Finals. Fourteen Men Compete For Law Quarterly Honors By Alan B. Kayton Competition for the Cornell Law Quarterly officially commenced this year with the selection of fourteen competitors. Ten of the competitors are members of the second year class and four are of the third year class. The four third year students competing for the Quarterly are William G. Becker, Jr., Ray H. Brown, Ross B. Burke and Franklin Tretter. Bill Becker is a resident of West- field, N. J. He went to high school at Poly Prep in oo, N. Y. Hc bc- gan undergraduate studies at Cornell University where h- was awarded an A.B. degree in 1952. Prior to entering the law school, Bill was a lieutenant in the U.S. Air Force during the years 1952-1954 inclusive. Ray Brown conies from Hornell, N. Y. He is a graluate of Princeton University. Shortly after his gradua- tion in 1951, Ray entered the U.S. Navy in which he served until 1954. He is married and has one child, a son, Robert. Ross Burke presently resides in Syracuse, N. Y. He was born in Hous- ton, Texas. Ross ment to high school in Cranford, N. J. Upon graduation he commenced his undergraduate studies at Ohio Wesleyan University where he was awarded an A.B. degree in 1954. Ross is also married. Franklin Tretter hails from Brook- lyn, N. Y. He is a graduate of Cor- nell University where he received his B.A. degree in 1954. The ten second year students who will compete this year are Bruce 0. Becker, Stanley Komaroff, Ronald S. Lockhart, Philip I. Loree, Walter Meyer, Robert Orseck, Michael J. Os- trow, Douglas Parker, Harold E. Rosen and David G. Stearns. Bruce Becker resides in Endicott, N. Y. Hle attended Union Endicott High School. Bruce is a graduate of Lafayette College in Easton, Pa. While there he majored in economics and was a member of Pi Lambda Phi fraternity. In 1953 he received his A.B. degree in economics. During the years 1953-1955 Bruce served as an infantry lieutenant in the U.S. Army. During that period Bruce married. Stan Komarofi graduated from Cornell -University in 1956, at which time he was double registered in the Arts-Law program of the University. He attended Madison High School in Brooklyn, N. Y. where he was presi- dent of the student government. At present, Stan is a member of the Army ROTC and expects to receive his commission in June 1958. Ron Lockhart dwells in Scarsdale, N. Y. He is married and has a nine- montho old daughter. He gruiuated from East Chester High School in 1949 and the Cornell Hotel School in 1953. He also served two years as an officer in the Army Quartermaster Corps before he commenced the study of law. Phil Loree is a resident of Hornell, N. Y. He is married and has an eight- weeks-old daughter. He attended Hor- nell high school and did his under- graduate studies at Fordham Univer- sity where he graduated in 1955. Phil is the winner of the first year Moot Court prize. Walt Meyer comes from New York City where he graduated from Stuy- vesant high school. He also graduated from Cornell University School of IContinued on page 3) Robinson and Randle Tie In Moot Court Final arguments for Seniors com peting for Moot Court honors were held Friday afternoon, October 26, in the Moot Court room before a large crowd. The winners, who will repre- sent the Cornell Law School in the inter-school regional competition in Buffalo later this month were Bob Randle, Mary Robinson, and George Weinstein. The decision was announced by the three presiding judges, Judge Marvin R. Dye, of the New York Court of Appeals, Dean Gray Thoron, and Pro- fessor Michael Cardozo, faculty supervisor of the Moot Court pro- gram, at a banquet held for the fac- ulty and the second and third year students who have elected to take Moot Court. The banquet was held at the Cornell Heights Residential Club in the evening. The National Moot Court case this year involves a plea of insanity as a defense to a criminal prosecution by an accused, a subject in which inter- est has been stimulated by the com- paratively recent case of United States v. Durham 214 F.2d 862 (1954). Judge Dye becomes the second New York Court of Appeals judge in as many years to preside over Moot Court flrsis elt th Cnrnll I.w School. At last year's finals, Judge Dye's colleague, Judge Fuld, presided. In coming to Cornell, Judge Dye returns to the school from which he received his LLB. degree in 1917. Be- fore his election to the Court of Ap- peals in November of 1944, Judge Dye had served as a judge on the Court of Claims. The twelve candidates who entered the competition were as follows: Mar- shall Bellkin, George Bernstein, Mat- thew Lifflander, Robert Randle, Mar- vin Robinson, Robert Gluckman, Jerry Luks, George Weinstein, Robert Simon, Edwin Eisen, William Mc- Donald, and George Cohen. The former eight men continued ,into the finals. Judge Gutman, Counsel to Governor Gives Insight to Inner Executive Office For most lawyers and laymen alike, the title, Counsel to the Governor, imports only a vague idea of the actual significance of this office in the func- tioning of the executive department of the state government. But for those guests and students who were present in the Men's Lounge on the evening of October 1, an informative and interesting discusion by Judge Daniel Gutman, Counsel to the Governor, unfolded the breadth and scope of the office as well as many of the high points of the past few years. Professor John MacDonald, who introduced the speaker, alluded to the tremendous growth of this branch of the executive during the past twenty- four years since the administration of Governor Lehman. The areas in which the office functions, the impor- tance of the position in respect to the efficiency of the executive department in its everyday matters, and the work which it entails were touched upon by the Professor in presenting Judge Gutman. Judge Gutman, in his talk entitled, Inside the Executive Chamber, pointed out that the main areas of his office's work can be categorically di- vided into legislation, clemency ap- plications, and extradition processes. His office reviews every piece of legislation which is to be presented to the legislature. A thorough investiga- tion is conducted as to policy sound- ness and the recommendation of the office is affixed to the bill. If the bill is passed, the office again reviews it, sorts it according to veto time and presents it to the Governor for sign- ing or vetoing with a second recom- mendation. It is obvious that this function alone is voluminous with as many as 3500 items of legislation passing through the office annually. The substance of the Judge's talk dealt with extradition and clemency proceedings. The Judge refered to the many types of clemency and commu- tation which exist. For example, he pointed out that application of clem- ency on capital punishment is usually decided at a hearing before the Gov- ernor assisted by his counsel. Appli- cations for commutations of sgntence (Continued on page 4)'

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