Number 1 - Ohio Northern University Claude W. Pettit College of Law

Vol. 68 - No. I
OhioNorthero Unirersity Claud" W p"tti
low Reviewhosls...
Consumer
Sofefyond
PrivqteProdusts
Litigotion
Symposium
By Michael Kaliner
On Friday, October 22, t976, the Ohio
Nortlern University Law Review will
sponsor its fifttf annual symposium. This
year's topic of discussion is entitled
"Consum€r Safety and Private Products
Litigation."
Products liability involves the broadening
of the liability of manufacturers and
producers for negligently-made products.
The earlier requirement of a direct contractual
relationship between the
manufacturer and the injured party has
been abandoned and tbe trend is toward the
imposition of strict liability upon the
manrdacturer. Furthermore, the products
liability law is continually expanding to
clover areas other than manufactured
goods. firis is a rapidly dranging and NgNy
litigated area of the law.
The purpose of the symposium is to inform the legal community of the current
developments in the law of products
liability and to discuss practical aspects in
litigating products liability cases. The
symposium panel will consist of practitioners, experts, and manufacturer's
representatives. It is geared to benefit botr
plaintiff and defense oriented attorneys.
Participants in the Symposium and their
topic presentations includeMr. Marshall I. Nurenberg, Esq.
Firm of Komito, Nurenberg, plevin,
Jacobson, Heller, & McCarthy, Cleveland,
Ohio; Fellow in the lnternational Academy
of Ttial Lawyers; Former Section Chairman of the Railroad Secti,on of ATLA;
Member, National Panel of Arbitrators,
American Arbitration Aseoeiadon ; Former
Editor'in'Chlef Michael Muller consutts wlth Executlve Edltor and Sympoclum Chairman
George Sarap.
Section Chairman of Negligence Section,
Ohio Academy of Trial Lawyers.
Topic: "The Development and Present
Status'of Products Uability in ONo."
Mr. Mlchael J, Bonesteel,Esq.
Firm of Haight, Lyon, Smith, & Dickson tos
Angeles, California; National Products
Liability Coordinator, E. R. Squibb & Sons,
lnc.; Association of Southern California
'Defense
Counsel.
Topic: "Products Uability and Drugs."
Mr. Willlem A. Donaher
Professor of Law, Duquesne University;
Former Assistant Attorney General,
Department of Jr.rstice, Commonwealth of
Pennsylvania; Member, Study of Products
Liability and the Interaction of Law and
Technology sponsored by the National
Science Foundation.
Topic: "The Expert Witness."
Mr. Alvln S. Weincteltr
Professor of Mechanical Engineering and Public Affairs, Carnegie.Mellon University; Director, Study of Products Liability
and the Interaction of Law and Technology
sponsored by the National Science Foundation.
Topic: "The Expert Witness."
Mr. Jo,hn P. Rrielgh, Erq.
Attorney-in<harge of the Products Liability
Section of tlte General Motors tegal Staff ;
conthued on page 4
EvonsAppointed Assistont
Deon, Direcforof
Adrnissions
By Katherine Knurek
Nationat members r+riting tor the petitioners include Wllliam Evenson, Nancy Borlo, and
James Piampiano.
Notionol Teom Attqcks
Securiry Low Problem
By Steplen Garee
fire Fall National IVIooi Couri problem
this year is being undertaken by two 3member teams from tlre Moot Cotrt Board
of Advocates. One team consists of James
Piampiano, Nancy Borkoand William
Evenson, for the petitioner, while the otttet
team is comprised of Angela Elacqua,
_ Alfred Bennington, Jr., and Susan Hovey,
for the respondent. These two teams,
workirg independently, have each written
Supreme Court qualityappellate briefs, and
will argw the problem ler this fall in
Detroit, Michigan. A total of thirteen school
will participate in this Region vI
pneliminary step to the National Competition, which runs from Thursday,
November 4th, - through Saturday,
November 6th. Currently, the teams must
each meet a brief submission deadline of
Thur-sday, October lrltfi.
the problem this year is one where the
petitioner has brought suit seeking bo0t
injunctiveanddeclaratory rdief in the area
of security law. Contending that the
respondents have violated his conetitutional
rights to due process and have also placed
impermissable burdens on interstate
commerce, the petitioner filed his suit in the
Uniled States DistricJ Court. Tlre Court
found for the reepondents and a wrtt of
certiorari was granted by the Supreme
Court to consider all guestions raised by the
record.
Prior to the November regional competition the teams will preaent tieir annual
dress rehearsal performance before tlre
.judgesof the 3rd Appellate Dietrict of Ohio
on October 26, LnB in the Moot Court
Room.
The vacancy in Admissions created by the
departure of Professor Haywood Reynolds
to Capital's law school has been filled by
Associate Professor William L. Evans who
joined the faculty at the Pettit College of
Law last year when he left his private
practice in Kenton. In addition to serving as
Director of Admissions, Evans has also
baken over duties as Assistant Dean, that
vacancy created when Professor Gregory
Pease accepted a position at Washburn
University.
tn his doublefold capacity, Evans has
found his responsibilities to encompass a
wide range of areas within the law sctrool.
Since Reynolds coordinated and carried
through theSummer Qualifier program this
past summer, Evans has spent most of his
time on the dutig of Assistant Dean. Evans
did, however, assist in the completion of the
program by following through on letters,
phone calls, and further interviews. The
Admissions Committee, whidr also'consistg
of Professors David Benson and Gene
Nevius, and shrdents Joseph Weir and
Ernest Fisco, Jr., will begin revieving files
of applicants in the first part of lll| Lor
selection to the Class of lS0.
Readmission of shdents and ctudents on
probation are just two of the tesks whldl
border on both of Evans' ereas of lesponsibility. As Assistant Dean, Evanr performs
an array of functioru
which rerult,
primarily, in being a liason with the law
student. Some of these numeroue jobs on the
daily agenda include reviewing graduation
applications, scheduling, insuring that
courses meet the requirements of various
lVllllen L. Evenr
State BaF, danging assistantehips, lillirg
out questionnairea and reports for tlre ABA,
the Edrrcationd Teeting Service and other
preparing
the
organizations,
and
examination schedules.
A few of the unerpected taslE Evans ha!
for
had to perform include aranging
transportaHon for the lcelandic sttdents
and furnishing lnformation to innumerable
institutionc which conduct statistical
shdies concerning las schools.
Concerning his pniority of long-range
plaru, Evans indicatcd that on the top of hie
list was hir iniention tro apply for outri&
funding for the law school. Since there have
been relatively few attenipts in tbe past 0o
secure suctr monies, he feelg thet anything
done in this area would improve the law
school's position. Such moni€s would include Foundation gifts, Federal funding,
and perhapo State funding.
THE WRIT
October.1976
Fromfhe Edilor,..
/r"* t/rnbnoni bnol
I WANTITIORT
THANAJOB
Illarief Peck
Early this fall I was sitting in Tax class
being informed that Norm Cummings would
be "stopping by" to give us a little talk on
placement services when someone blurted
out that he had resigned to work on the
Ford-Dole campaign. Subseguently, no one
ev.er "stopped by." What is happening to
law placement at Ohio Northern (if there
ever really was a law placement . . ,)?
In a news release of September 30th, the
University announced the consolidation of
the placement, counseling and testing
departments into "Counseling and Career
Development" under Dr. Jack Corle, the
former director of counseling and testing. I
can see where the emphasis is going to be
placed now. At a time when Cummings was
beginning to get an idea of law placement
needs,we've been shifted to the back burner
agaln.
Granted, it is only October, but I am still
worried about finding a job. I am not the
only one. According to The 19?5-19?6
Study
of Ohio Law School Placement Programs
published by students at the University of
Toledo Law School and presented to the
League of Ohio Lbw Schools, over 30,000
new lawyers are expected to pop into lhe job
market this year, with projected openings
of only 15,0m per year until 19El' Being the
positive thinker that I am, I know that at
. least one of those 15,0fi)jobo is earmarked
for me gnd, with a litile help, I'm going to
find it.
"Help!" Yes, that is what many of those
30,000 are crying just about now. The
printers
are making
bundles on
"professional"resumes,the pages of' Marare
Learing,
tlndeleHubbell
wrinkling,
wearing
and law school placement
services are undeistaffed, underinformed,
and badly neglected. Ttre key to job success
is, of coursd, 'llacement."
Few would argue that adequate
placement Fesources and personnel are not
an integral service in the modern law
school. From feviewinS the Study of Ohio
Law School Placernent Programs I found
tbat several law scbools in Ohio are making
strides in the area of law placement. And
then there is Ohio Nortlern. . .
lhe more than forty students who are
graduating t}is November have not had one
opportuity for an on+empus interview as
seniors. Not onc firm or feileral ageney has
interviewed here since last winter quarter.
As a matter of fact, the Securities and
Exchange Commission didn't even want to
interview heie, and thus, our students, after
mating heated personal telephone calls,
had to travel to Toledo. University of Toledo
seniors, however, filled most of the interview times, leaving only four spots for
ONU seniors, closing out several ONU
applicants again.
Does this experience with the SEC mean
that ONU graduates are automatically
rdegated to t}e waste basket before they
apply? Moreover, it leaves the impression
that graduating law students from Ohio
Northern are tagged merely as "second
class"-second class as compared to
students graduating from similar schools,
with the same grade popt averages, with
the same practicd expdrience, having the
same background of a quality legal
education. What makes the difference?
Active placement services.
According to the Study, Ohio Northern
ranked eitler seventh or eighth out of the
nine ONo law schools in the quality of its
placenient service, even before Cummings'
rerlgnatlon. How inequitable ig it to have
-
had the highest percentage of students pass
tlte 1Yt5 Ohio Bar, as Ohio Northern has
done, and yet do so little to solicit job og
portunities for its graduates? Ttis is not
just another small law, school-the percentage of judges and practicing attorneys
in Ohio who are alumni of Ohio Northern is
ovelwhelming
We supposedly had a placement director
who spent $ percent of his time on law
placement. According to the Study, in at
least six other Ohio law schools the
placement director spends between 5O
, percent to lffi percent of his time on law
placement. And, too, five of these
placement officers have legal experience as
J.D.'s.
Several Ohio law school placement offices
'
also have assistant directors (with Cummings gone, that may be all we've got) in
addition to graduate student assistance.
Even our percentage of placement
secretarial assisLanceranks in the bottom
third among Ohio law schools.
Cbncerning solicitation and information
on employment prospects, Northern has, on
occasion, perfunctorily sent questinnaires
to alumni and employers in selected
goegraphical locations to find out if there
, areany jobs available. However, they send .
no brochures, make no personal visits to
law firms or corporations. Our placement
office, unfortunately, solicits neither the
federal or state governments, nor the Ohiio
and federal judiciary. Other ONU
placement efforts are, likewise, unimpressrve.
Five other Ohio law schoolshave advisory
placement committees consisting of faculty
andor students andor alumni. According to
the Study, ONU has none, although I do
know that two students from the Student
Bar Association -are supposedly on a
placement committee. And, too, members
of Phi Alpha Delta legal fraternity have
wbrked with Norm Cummings to fiormulate
a handbook law students cunently usel for
resume and general placement information. Admittedly, students should
bear a great deal of the burden of job
hnnting. However, a student's opertise
doer not Iie in the field of plaeement.
The task of placement solicitations and
information about ONU's law school has
been relegated to a "self-help" proposition.
But for the professionalism and excellence
generated by Law Review publications and
symposiums, the Moot Court nationals and
Celebrezze program, and legal fraternity
speaker programs---our law school and the
caliber of our student body. goes unmentioned.
The task of gerrcrating interest in ONU
law graduates and actively communicating
information atiout our school should not fall ,
on the student_s',any one student's or any
group of students', shoulders alone. An
active placement service should bear the
burden of communicating our excellent
reputation to those in the law and law hiring
positions.
Recognizing the extreme importance a
placement office can play in a law school
community, the Standing Committee on
Professional Career Development of the
Section of Lcgal Education and Admissions
to the Bar, has submitted to the American
'Bar
Association proposed standards
relating to law school placement for incorporation in the Standards for the Accredi[ation of law Schools. The proposed
standards, having been sent to every law
sctrool dean, are as follows:
Albert Boillis
DistricL Court of Appeals of Ohio,
:
Other important projects ere being
worked on. I would like to mention just
some of them. The next issue of the l,aw
Review will contain a seminal study on
Mandatory Continuing L,egal Education.
This issue of the law Review should play an
important part in whatever direction
mandatory legal education moves in Ohio.
We have developed some specific plans for
a modest legal clinic in our area. The plans
have been reduced to writing, and we are
presently in the process of seeking funding.
Plans for the second year of the Celebrezze
Moot Court Competition are well under
way. We hope to have even more alumni
returning to campus this year than last to
participate.
Much is taking place at our law school.
Faculty and students alike are involved. I
am pleased to rdport that all. the energy
here that is so evident is energy facing in
the right direction.
Our law school is filled to capacity. We
begin this year with 526 students, 195 of
whom are freshmen. A burgeoning student
body presents problems, but it elso creates
opportunities to do things that could not
otherwise be done. Some of the activities
occurring this month are good examplee.
On Fri<lay, October 22, our Law Review is
sponsoring a symposium on Consumer
Safety and Private Products Utigation. lt is
of the same caliber as the one presented last
year on Medical Malpractice and tlre Law.
On Monday, October 25, we will conduct an
experiment with the Moot Court teem from
the University of Maryland. Our team and
two of the judges will be in Lima, Ohio, and
their team and two of the judges witl be in
Maryland, and the arguments will be
conducted by way of setellite. On October
26, our Fall National Moot Court Team will
have a dress rehearsal by presenting oral
'to
arguments
the distinguished Third
TIIE
ohioNororernfor:t;*"t't
WRIT
Ada,
Ohio
45810
EDITOR.IN.CHIEF
Marie Mimi Peck
PIIOTOGRAPHY
EDITOR
John Shryock
_
PUBLI6 RELATI6NS
James piampiano
STAFF
Nancy L. Borko, Clayton Chong, Stephen Garea, Daniel Gillen, Patricia
.Hofstra, Michairl Kaliner, Katherine Knurek, Roger Kramer, Claire Kranz,
Margaret Wenzke.
ond
qrs
Oplnlonr
.rptGt?Gd
in IHE
WRll
ncl ngccrrorily
thotc
of lha Univ.,tity
Lctl.rt
in
coc
of
ohd
lhc
conmcnlr
o,.
Colbgc
of lov.
vel(onad.
2l2The law school shall conduct an active
program of placement for its students
and graduates.
2l3Sufficient resources will be made
available to employ a full-time placement
officer with adequate sbaff assistance. It
will be ttte duty of the placement officer
and staff to attempt to locate suilable
positions for students and graduates. The
placement officer and staff will perform
sucb ectivities as the preparation and
dissemination of materials seeking
potential employers to interview students
or Sfaduates in regard to employment,
the personal solicitation of potential
employers to interview students or
graduates and the making
of
arrangements for interviews.
2l4Adequate space will be made available by
the law school for the conduct of
placement activities including the interview process. If the school's own
facilities are inadequate, arrangements
will be made for use of other suitable
facilities on the campus or in nearby
buildings.
Admittedly, these standards may be
broad, but their recommendation is a first
step in upgrading an alltoooften ne$ected
law school placement service. It is the step
that Ohio Nortiern must take.
"Placement" is more than finding a job.
There are plenty of jobs, bitt not all jobs
mesh with career potential. Placement
involves the specific expertise of weeding
through all the "jobs" and welding a
student's career polential with a compatible
career opportunity.
It is time to look beyond the present needs
of law students as students. Investment in
legal education will ripen only when there is
an opportunity for a fulfilling career. To
that end, the efforts and the philosophy of
ilre legal placement services of Ohio Northern University, should be geared.
lhorc
or
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tha
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Corrcrpondcncc
(ont.ibutoG,
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of
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DEAN
SEARCH
UPDATE
By Claire 11psn1
Due to a lack of agreement among the
faculty, students and administration, I
permanent dean was not selected last year.
This year, in the hopes of avoiding similar
problems, a new method of selection was
deviied utilizing a "screening committe€."
L,ast spring students interested in the
Dean Search were invited to submit their
name tro the Student Bar Association for
consideration. Six names were then chosen
and forwarded to President Meyer fqr him
to select two students to represent the law
student body. Students who were selected
include Nancy Borko, third year student
from Bayside, New York, and Alan Kap
pers, a third year student who also did his
undergraduate work at OhioNorthern, from
Hamilton, Ohio.
t
Other membership on the committee
consists of two law faculty members, Mark
Rothstein and George Vaubel; two alumni,
James Meredith and Elaine Mayhew; and
two trustees, Dr. Erwin Clemens and Dr.
Robin Obetz. These six people, in addition to
the two student representatives, will
examine and discuss all subniitted
resumes. From the interested candidates.
three finalists .rpill be chosen. Then,
ultimately, President Meyer will select one
of the finalists as the new Dean of l,aw.
Further discussions at all meetings will
remain confidential until officially
authorized and released by President
Meyer.
Page 3
.t THE WRIT
October, 1976
ThreeMythsAbout
lnternational Law
Mitor's Note: Tbis article is tbe frst in a
seies of facally-unitten articles wbicb uill
appeal as a regahr leature in futare
WRITs.
Spagheltl expertr for thc gab Blg Brother event included Annc J6nklns, March Wllllene,
David Caplan, Ernie Fisco, and Frank lannucci.
FRESHMEN
BEGIN
LAW STUDIES
By Margaret Wenzke
The class of 1979adds one hundred ninety'
five new faces to the law school community.
More than half of the new Freshman Class
afe Ohioans, although a large number come
from eastern states, and others from as far
as Utah, Arizona, l.ouisiana and Canada.
The class is a comparatively young one,
with an average age of twenty-three'
Almost nine percent are women, and more
than a fourth are married.
The Freshman were introduced to law
school in a wellorganized program sponsored by the Orientation-Honor's Day
Committee of the Student Bar Association
under the direction of chairperson Marie E.
Peck. The committee began working last
spring when it began the assignment of
Student Advisors to prospective Freshmen.
Under the direction of committee member
Claire E. Kranz, advisors were assigned to
Freshmen on a geographical basis, and
encouragd to correspond with their Ad'
visees, hopefdlly providing any necessary
moral support or advice.
During the Summer, Quarter a miniorientation was organized to assist those
participating in the Summer Qualifier
Program. A welcoming picnic was held in
addition to briefing sessions.
The main thrust of the cbinniittee's activities was directed' at the Augttst pre
quarter orientation program. The Freshmen were first introduced to representatives from the university administration
and the placemert office, the dean of tlre
law school, Albert A. Baillis, and Prof.
David J. Benson and hof. Bruce A. Poanak
of the law school faculty. Briefing sessions
were conducted by committee vicec.hairman Russ Miller, and members of
Moot Court presented their Celebreeze
Competition arguments.
At the end of the first week of classes, the
committee and Law Wives co-sponsored a
picnic in Ada Park attended by numerous
law students. The committee also sponsored, with the SBA Film Committee, the
movie "Paper Chase" on the same evening,
which attracted orrer 500 viewers.
The committee again sponsored the
traditional Big Brother Dinner, where
advisors and adviseeshad a ehanceto meet
and compare law school experiences and
impressions. This year, however, the gala
beer blast and spaghetti dinner at the VFW
featured over eight hundred meatballs
prepared under the supervision of superchef'Frank lannucci, aided by Mark
Aronson, Sal Bonagura, Dave Caplan,
l,aurel Chessin,Ernie Fiseo, Jim Gutglass,
'
Pat Hofstra, Anne Jenkins, Millie Picker,
Janet Riether, Tom Skilken and Marcia
Williams. Master of CeremoniesPhil Cala
introduced representatives of various law
school organizations who explained the
purposes and activities of their
organizations to the Freshrnen.
The committee has not confined itself
solely to providing activities for the Freshmen, but is reaching out to the entire law
school community, and hopes to gontinue
sponsoring activities throughout the year,
for the philosophy of the Orientation-Honors
Day Committee, holds, in the words of its
chairperson,Ms. Peck, that, "law school in
Ada needs a continuous orientation."
Assistant holessor Bntce L. Rockuood k a
gradute of tbe Unioersitlt ol Cbicago lzu
hbool and uns admitted to tbe lllinois fur
in October, 1974. A natiae of New Jersey,
kofessor Rockuood did his undetgradute
unrh in Hislory at Suartbmore College,
graduling in 1968, and spent 2t^t yeors in
tbe United StatesArml , 1969- 1971, He is
ptesentl! Cbairman of lbe Sabcommittee
on Trade and Monetary Reform of tbe
ABA's Inlernalional lzu &ction, and
teacbes courses in Eaidence, Public l-au,
lzgislation and Internatiod
lzu.
By Bruce L. Rockwood
There are a number of myths about international law cunently at this lawschool
which are not atypical of myths held in
many law schools today. Tte first is that
international law is not relevant to those
persons planning to go into private practicei the secondis that it is not necessary or
helpful to people planning to take the bar
exam; and the third is that it should not be
among those courses which a majority of
the students take before graduation. I would
like to deal with each of these myths in turn.
In the first place, international law is a
generic term for the study of legal
relationships- which cross national boundaries. This can involve state contacts,
diplomatic relations and immigration
matters, but it also can involve private
contacts, sales abroad, commercial transactions of various kinds, enforcement of
drug laws or the conducting of a divorce
involving foreign documents. Mixed
situations exist-for example, the sale by
an American farmer of wheat to a state
hading aSency of a foreigt country.
Already I think you can see that in these
situations there are possibilities for legal
business to crop up that would come to the
attention of the typical lawyer even in the
small town as much as in a Wall Sheet or
Washington legal office. For example, if
you have a clicnt who is married to an alien,
som@ne with relatives or property abroad,
there may be questions of immigration
problems or inheriiance tax that will need
to be dealt with by your office. If you have a
client that has an automobile accident
abroad, as one of my studenta recently
discussed with me in my office, then you
may have to hire a foreign attorney and
deal with the problem of differing ap
proaches to the compensetion of attorneys.
ln America we may be familiar with contingency fees, but in Germany lawyers may
expect to be paid for work accomplished
regardless of the outcome'of litigation. If
you live in Cleveland or Toledo you mey
have commercial dealings with the international ports on the Great Lakes, or
torts involving foreign and American
seamen.
Whrin I attended a bar association course
on private international trade this Bast
March in Chicago, it was pointed out by
Professor Bassiouni of DePaul. the
moderator for the program, that "50 percent of all United States export sales come
from a 200mile radius of Chicago, yet 2/3 ol
the financial and letal business from the
Chicago trade goes to New York. Local
practitioners lack the interest, e:<pertise
and awareness necessary to handle this
business." I think this situation may hold
for practitioners throughout the midwest
and that we, in Ohio, and we in the midwest,
in general, should do what we can to ke-ep
some of this business closer to home.
In addition, a good many of you may have
Elecrion
Senote
Results
By Patrlcla Hofstra
Ulass representative elections were held
during the week of September 20th with
three representatives elected from each
class. These nine students, irt addition to the
present executive committee of the Student
Bar Association, make up the law school
senate.
Fifst year representetives include:
John Hazard, 23 yearold graduate of
Vir$nia Technical Institute, Blacksburg,
Virginia with a B.A. in lllstory, from
Inrton, Vir$nia.
Jack Beatley, 22 yearold Ohio State
graduate with a B.A. in Political Science,
from Russ€lls Point, Ohio.
John Preiksat, 29 yearold Westenn
from
Kentucky
College graduate
Philadelphia, Pennsylvania. John has a
previotts
to
law
B.A. in Political Scienceand
school he was a diesel engine distribution
sales manager for six years.
Second year representstives include:
Anne Jenkins, 26 yearold Denison
graduate with a B.A. in Hiptory, from New
Iexington, Ohio. She attended gtaduate
sdrool at the American Graduate School of
lntbrnational Management and was a case
worker for the Cincinnati Welfare Department before law school.
Frank lannucci, 29 yearold Fairleigh
Dickinson graduabe with a B.A. in
Economics from Rochelle Park, New
Jersey. In addition to serving with the
Navy, he was a construction contractor
before turning to law. This summer, he was
employet in the New York District Attorney's Office.
Steve Vasilaros, 25 year+ld graduate
of the College of Steubenville with a degree
in Business, from Steubenville, Ohio. He
was a construction estimator prior to law
school.
'l'hird year representatives include:
Robert Bull, 23 yearold Elizabeth
College graduate with a B.A. in Political
Science from Nescopeck, Pennsylvania. He
has been clerking for his father, who is an
attorney, for the past two years.
continueduh page4
clients in small or medium sized businesses,
in small or medium sized communities,
which are either presently engaged in export or could easily find an export market
which would double or triple their sales
abroad without significant changes or increases id tlpir capital outlay. You, as a
lawyer, may not feel that it is your first duty
to your client to help him to engage in and
increase his sales, but rather to help him
with whaiever legal problems he brings to
your attention. But I think you would agfee
tlat if someone would show you how,
without much trouble, you could bring to
your' client's attention a very simple
procedure guaranteed against loss whereby
he could improve his profit mar$n, your
client would certainly be willing to give you
some sort of a bonr.rs.And this is not at all a
pipe dream.
The Agency for Internatlonal Develcip
ment or AID has a development assistance
program designed to promote growth in
agricultural and rural development and
other progtams in qualified Third World
countries. AID does this not by wriHng
checks to Third World countries but by
making'credits avirilable to Third World
countries for specilic purchases of goods
necessary to development, in particular of
United States goods. Thw most A.I.D.
activities involve, a buyer-seller contract
betweenprivate pdrties in the United Slates
and private parties or the state abroad.
Such sales involve no risk whatsoever to the
American supplier-he gets an irrevocable
letter of credit".in United States cumency
from the United States A.I.D. upon completion of the proper paperwork, and upon
presentation of proper documentation
showing shipment of the gooG to the foreign
country. American producers of fertilizer,
irrigation equipment, farming lmplements,
etc., have all engaged in export under
programs, including
small
A.I.D.
manufacturers in Ohio.
The office of public affairs of the Agency
for International Development, the
Cleveland office of the United States
Department of Commerce, and the Office of
the t.egd Advisor of the United States
Department of State, all stand ready to
as t0 how
assist informed enquiriet
American small enterprise may engage in
export and improve international trade.
This is something which can be of benefit to
the profitability of the small businesses in
question, to the United States balance of
payments, and to the balancesheet of the
lawyer clever enough to take advsntage of
these opportunities.
The second myth concerns alleged
irrelevancy of international law materials
to tlre bar exam. In fact, typical questions of
international law raise typical legal
questions such as standing to sue;
-- jurisdiction; who are the parties to a legal
action; what legal remedies to e tort or a
contractual violation exist : the construction
of statutes; the interpretation of legal
documents; and the drafting of legal
documents. lcgal problems on the international sphere can range from tort to
contract to criminal law to violation of
constitutional norms. The beauty and the
virtue of a study of international law is that
it enables you to put together elements from
all of your courses in a context that shows
you how they represent not parochial rules
of thumb, but universal norms which can be
applicable at all times and at all places
where law exists. There is a unique op
portunity to study and to consolidatelegal
knowledge by putting it a[ together in a
good international law course. International
law would benefit anyone wbo wanted to
take an intelligent approach to analysing
the facts and writing the essays on his
'THE
Page4
envisions her commitment to this goal as
doing everything -reasonably within her
power to help these students accomplish
their ambitions of becoming attornevs.
Experience and commitment are hir assets
to the,faculty.
l{ew Foculty
MenbersMorked
Another impressive addition tg the
faculty is Richard R. Brown, a native of
fiffin, Ohio. Brown received a E,A. from
Heidelberg College in 1962and, in the seven
years subsequent to his graduation, was an
American Government teacher at Elyria
High School while pursuing various
graduate studies. He received his Master of
Education in Businessfrom Bowling Green
University and a Juris Doctor degree from
Cleveland Marshall Law School. Since that
time, Brown has been employed as an attorney for the Cleveland Trust Company, a
real estate attorney, and senior analyst for
Firestone Tire & Rubber Company. Most
recently he was a trust officer for the
BankOhio Corporation, during which time
he has also been engaged in private practice. Brown's varied experiences in
teaching and practice add a significant
dimension to the teaching staff.
By DepthAnd
[rperience
By Dan Gillen
.
Four attorneys and one non-attorney have
joined the faculty and staff of the pettit
College of Law this autumn. The new
selections are marked by depth and experience, both in the practice of law and
teaching, affording the law school a more
seasoned faculty. The new members are
Eugene N. Hanson, Laura F. Rothstein.
Richard R. Brown, Robert T. Aegg, and
Grace Hume.
Professor Hanson, who has recenilv
returned to Ada from McGeorge College of
Law in Sacramento, California, embodies a
continuity between the college of law and its
tradition. The professor's return, in many
wa1s, is a homecoming.It is a homecoming
to the alumni who knew him as the dean for
fifteen years and to the residents of Ada who
knew him as a neighbor for twenty-eight
years. Hanson has returned because of his
Iong-standing affection for this institution.
along with his belief that his contribution
could be greater here.
Among the changes t}re former dean has
been most impressed with upon his return
are the maturity of the law review and the
growth of the clinical program. As the law
school leaves its adolescense, professor
Hanson should serve as an influence of
stability and direction in the years ahead.
laura F. Rothstein, wife of professor
Mark Rothstein, brings to the faculty a
dearth of experience in the antitrust field.
She was previously a staff attorney for thq
Department of Justice, Antitrust Division.'
and, most recently, the Ohio Attorney
General's Office, Antitrust Section. Ms.
Rothstein considers herself a public interest
attorney and hopes to pursue this end while
teaching at the college of law. She intends to
work closely with the minority students and
t}te women. in particular. Ms. Rothstein
Robert T. Begg is an Assistant professor,
in addition to serving as Head Librarian of
the Jay P. Taggart Law Library. Begg,
previously an assistant law librarian at
McDowell Law Center at the University of
Akron, has already demonstrated
agressiveness and poise in generating
supplemental appropriations for the tighilybudgeted law library. Since Begg's arrival
in August, he and Dean Baillis have been
instrumental in secwing a new position in
the library's technical processing division
and supplemental funds of $i1.000 for
equipment and $10,000for theaurchase of
library materials. The new head librarian
intends to continue work of alleviating the
deficit in personnel, library equipment, and
books. He anticipates an efficienily run
library
with
sensible circulation
proceedures, and is confident that a
working rapport can be developed between
the new library staff and the students at the
law school.
Assisting Mr. Begg as the Assistant L,aw
Librarian is Grace Hume. Ms. Hume
received her Bachelor of Arts degree from
the University of Miami at Oxford, Ohio.
Later, she received her MSLS from Case
Western Reserve in May of 1976. Eventually, Ms. Hume hopes to attain a law
degree and direet a university law school
library herself.
SecondAnnuol Celebrezze
F
-
-
r.rt
F
LOmpeTtTtonLOmmences
By StephenGarea
Thiity-six second year students are
"burning up" the library
stacks in
preparation for the second annual Anthony
J. Celebrezze Moot Court Competition.
Research for the briefs has begun, with the
pr€s€ntation of the oral agruments to take
place during the winter quarter.
Tlris year's problem involves a university
in the stale of South which, up untit the
present, has been all black. To meet certain
requirements to obtain additional funds
they decided !o integratre. [n so integrating,
they kept a young black student out of the
univerrity. He has filed suit, contending
that he was discriminated against by the
univerriti.
Gary Negle, Moot Court ExecuHve Boerd
.
Ohio Northern University
College of l,aw
Ada, Ohio {5810
member, heads the organizing Celebrezze
Committee, which is aided by advisors
Richard Bedford, John Belton, Barry
Epstein, Robert Jaegers, Katherine
Knurek, Philip Mayer, Jeffrey Stnw, Jack
Wolfe, George Cosenza,and StephenGarea.
The written briefs are due on November
r5th, with the oral .arguments beginning
with an elimination process on December
8th. The four finalists will compete on Moot
Court ftight, February 5, 1977.The sc.oring
in the competition is done on a to[al percentage basis of 100, \yiti fifty percent
allocaled !o the written brief score and the
remaining fifty percent to the oral soores.
Tbe four finalists and two other contestants
chosen by the Moot Court Board of Advocates will comprise next year's Fall
National Team.
WRIT
Symposium
Member of Subcommittee on Aviation Law
and Sections_of Insurande Negligence and
Compensation Law and Litigation,
American Bar Association.
Topic: "The 'State of Art' in product
Uability: Some New paint for an Old
Fence."
Mr. Caryl L. picotte, Esq.
Senior Attorney-Insuranie Departmen t,
Office of the Gen'eral Counsel .nd
l9..I9t"tyt Chrysler Corporation, Detroit,
Michigan.
Topic: "Design Defect."
Mr. John J. Kennelly, Esq.
Firm of John J. Kennelly & ASsociates,
Chicago, Illinois; Former Chairman oi
Negligence Committee, Chicago Bar
Association; Former president oilllinois
Trial Lawyers Association; Former
Chairman of Aviation Committee. In_
ternational Academy of Trial Lawyers.
Topic: "Liability of Manufactuiers of
Aircraft and Ttreir Componentparts."
Mr. Nat P. Ozmon, Esq,
Firm of Horwitz, Anesi, Ozmon. &
Associates,L.T.D., Chicago, Illinois;
Former Chairman of Torts CounselSection.
Illinois State Bar Association; Former
Chairman of Committee on Civil practice,
Chicago Bar Association; Forrner
President of Illinois Trial Lawyers
Association; ATLA, Board of Governors.
Topic: "The Preparation of a.products
Liability Case."
October, 1926
(conr'd
fromPogeU
Moderator will be professor Jose E.
Maldonado of Ohio Northern University,
Pettit College of Law. Each lecture will be _
followed by a question and answer session.
There is a $4S fee which includes
registration, a luncheon, and a valuable
handbook covering all aspects of products
liability. A $5 late registration fee will be
assessedfor payments after October 13.
1976.
Registration and instructronal sessions
will be held in the Moot Court Auditorium of
the Law Building. The luncheonwill be held
in the ballroom of Mclntosh Center. Sym_
posium parking will be in the reserved lot at
the corner of Lehr and Gilbert Streets
behind the law building.
Overnight accomodationsare available in
nearby Lima, Ohio.
Incoming phone messageson the day of
the Symposium will be handled througlr the
university switchboard: (419) 694-9921.
These messages will be posted on the board
in the law building.
The coordinating committee is headedby
George M. Sarap, Michaet Muller, Gerald
Heaton,Thomas Straus, Robert Blackstock.
Ralph Bove,'and Robert Saltsman. The
Symposium should prove to be immensely
beheficial to every practitioner and all are
invited to attend.
For further information call (419)634-9921
ext. 456 (Law Review).
fromPose3)
Three Myths (cont'd
exam. This is not to say that you need not
take any course that is dealt with
peripherally in international law but rather,
that you would be better advised to take a
course in international law after having a
selection of law school courses from the
range available, than to attempt to act upon
the old wives tale that you can somehow
cover everything in Iaw schoolthat you'll do
on the exam, or that law schoolhas nothing
to do with anything except what is on the
exam.
Finally, the third myth is that only a few
'people
should take international law; or
that it is something that most people don't
need..-This brings us to the question of
perspective courses. A good many law
schools have a requirement that for
gtaduation you must take a perspective
ceurse, something along the lines of international law, comparative law,
jurisprudence, or legal history. The reason
for this requirement is in essensewhat I've
already said about the virtues of international law: that such courses enable
you to put,into perspective the totality of the
work you've done-and to understand the law
as something more than a caLalogueof welloutlined rules tlat you can memorize and
regurgitate upon request for a fee. The law
is a profession and no profession can susiain
itself without a theory of what it is about.
l.awyers must have an understanding of the
roots and principles which underlie the
profession and make the law what it is.
Also, on all levels of society, lawyers are
opinion makers, and have an ethical and
social duty to make sure thCir o<pressed
views on current issues (including international ones which affect each of our
lives) have a rational basis in law and in
fact.
I think it is fair to say that we at Ohio
Northern lean too hesvily in the direetion of
reguired courses. I, mysell, would tavor the
elimination of most specific requirements
aftcr the freshman year. I would, however,
recommend the adoption of some sort of
curriculum reform whereby students in the
secondand third years would be expected to
indicate an area of emphasis in which they
wish to concentrate, and to permit them to
concentrate their electives in the courses
Lhat would prepare them for that area of
emphasis.For example, thene might be an
area of emphasis in trial practice; criminal
law; civil law; public law; or international
law. ln any event, it would be the obligation
of the law school to indicate what would be a
reasonable mix for the average law student
who is not certain of his career objectives
and no one can be at this stage even if he's
convinced that he will go to work for his
father-inlaw or his brother and that they
will not fail out or that he will not changehis
goals in 5 or 10 years. Unless you can
believe that you know exactly-what you're
going tp do forever, I think you have to
admit that you would probably want to take
something from all of these areas to
prepare you to go where the opportunities
anse.
Having said that you don't need to take,
- and of course you cannot take, all the
courses that most states list as bar cowses
(and anyone who takes the trouble to inform
himself as to the nature of bar exams would
realize that you do not need a 3 hour course
in every subject on the list of the bar
examiners in order to pass a question of the
sort asked on bar exams concerning tlrese
topics), I would require a perspective
course be among those taken in the last two
years of your formal, full-time legal
education, and I am prepared to defend this
position at the appropriate time and place in
discussion with students and faculty alike.
Senotg
"o'0"r",
Stephen Garea, 24 yearold graduate
of Youngstown Sta0e with an accounting
degfbe, from Youngstown. He has spent the
past two summers clerking in the Mahoney
Couty Prosecutor's Office.
Michael Marando, 25 yearold Ohio
University graduate with a history degee,
from Struthers, Ohio. He also, has been
clerking for the past two summers.
Petitions are currently being distributed
for executive committee elections for the
positions of President, Vice President,
Secretary, Treasurer, Parliamentarian,
and Sergeant-at-Arms, which will be held on
October 27th.