Summer 1981

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:J~e qanJo'J/elaw SchoolUniversity of WisconsinMadison, Wisconsin 53706

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EDITORS NOTE

Law School Admissions .....

TABLE OF CONTENTSDean's Annual Report. . . . . .. 2

THE GARGOYLE

USPS 768-300

Bulletin of the University of WisconsinLaw School, published quarterly.

Vol. 12 No.4 Summer 1981Edward J. Reisner, editor

Publication office, Law School, Univer-sity of Wisconsin, Madison, Wis.Second class postage paid at Madison,Wis. and Waterloo, Wis,

Postmaster's Note: Please send form3579 to "Gargoyle", University of Wis-consin Law School, Madison, Wis-consin.

Subscription Price: 50C:: per year formembers $100 per year for non-members,ISSN 0148-9623

On the Lighter Side

Lawyer/AthleteClarence Sherrod 6

7Fund Drive Report 9Faculty/Alumni Notes 16Summer Doldrums? 17

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own gargoyle Think of the varia-tions: a two-foot high, 30 poundpaperweight; an umbrella stand; apiggie bank to save for that trip toEurope; a cookie jar with a lift-offhead; or, perhaps my favorite, anight light which wouldencouragechildren to stay sleeping! Thiscould be the commercial venturethat secures the future of the LawSchool. Stay tuned for furtherdevelopments.

In the last issue our mysterypicture showed three faces, theback of two heads and oneshoulder. The owners of the faceswere almost unanimously iden-tified: seated at the left is FrankBoyle, standing in the center isKen Hill, and seated at the right isJon Wilcox. The time seems tohave been the summer of 1965,with the students preparing forthe summer problems course. Thisfeature continues to receivefavorable reaction. One corres-pondent identified this picturewith the Class of 1965 becauseonly members of that class would" . .. button the third button on abutton-down shirt and be seen inpublic with another law studentwho had a crewcut." Fred Hollen-beck thought that he was the backof one of the heads and com-mented, "I am surprised that any-one could have caught me in theLibrary at any time during myLaw School career." The pictureon this issue's back cover is proba-bly from 1957-63. It is in the libr-ary of the old building and thestatute book on the shelf is dated1957.

I must confess, I have an obses-sion. When I was young I remem-ber reading an article in Boy's Lifeon how to carve your own "cigarstore Indian". My recollection isthat you began by selecting andcutting an appropriate whitecedar tree about 20 inches indiameter. Such trees were few andfar between near my SouthsideMilwaukee home, and I doubt thatI could have gotten permission tochop one down anyway. Thatdesire has thus gone unfulfilled.

Sometime in the last few years,however, I began to notice a cer-tain similarity between thebrownstone gargoyle that decor-ates the front door of the LawBuilding and my oldcigar store In-dian. The gargoyle,you may know,once graced the roofline of the oldLaw Building, and fell to theground without breaking whenthat building was wrecked. Sincefate had been so kind to this gro-tesque piece of rock, it deservedenshrinement at our door, andlead to its becoming the mascotfor the Law School and the Alum-ni Association. As time passed itreceived repeated coats of paintfrom engineers celebrating St.Pat's day, and in damp weather,like now,it often grows a completehead of moss.

Now as I pass Brownie (as Iaffectionately call him), I dreamof having a replica in my ownhome. Can I make a clay mold andcast a plaster copy What aboutmass producing copies in mattebrown plastic so that other alumnican share the joy of owning their

ON THE COVER:One of the earliest views of the UW Law School, taken near the end of construction about 1894. The origi-nal Law building is in the left foreground. Immediately behind it is South Hall. North Hall, the oldest building on campussits, nearly obscured by trees, across Bascom Hill, while at the top of the hill is Bascom Hall with the wooden dome whichburned and was not rebuilt. Notice that Lincoln had not yet arrived to take his seat in front of Bascom Hall.

DEAN'S ANNUAL REPORT

Dean Orrin Helstad

This is my sixth annual reportto the alumni as dean of theUniversity of Wisconsin LawSchool,including one year as act-ing dean. Perhaps this wouldhavebeen an appropriate time to takestock and to review the past sixyears, but I prefer to focus on thefuture rather than dwell on thepast. However, Wisconsin LawAlumni Association PresidentDale Sorden's kind letter in theWinter 1980-81 issue of TheGargoyle compels me to take atleast a quick backward glance.

It is not because of any falsesense of modesty that I disclaimmost of the credit which Dale gaveme in what he termed bringingthe school back to its former emi-nence. In the first place, I do notbelieve that we could be con-sidered anything but a first classlaw school even in the financiallytroubled days of the early seven-ties. In the second place, althoughI certainly believe the dean hasimportant roles to play in keepingthe institution functioningsmoothly and in seeing to it thatfinancial and other support isavailable to the greatest extentfeasible for the teaching, researchand public service functions, thereare many factors which go intothe making of a fine law school.These certainly include a talentedand dedicated faculty; a loyal, ex-perienced and conscientious sup-porting staff; a talented, moti-vated and diverse student body;an understanding and supportiveUniversity administration; and in-terested, loyal and supportivealumni. We are fortunate in hav-ing all of these in considerablemeasure. Couple these with along-standing tradition of highquality teaching, research andpublic service and an associationwith one of the great Universitiesof the world and you have themakings of a great law school.

Twonews items during the pastyear attest to the long-standingquality and eminence of theUniversity of Wisconsin LawSchool. The American Bar Foun-dation recently completed a studyof the backgrounds of lawteachers. The study found that 20of the roughly 170 accredited lawschools in the country producealmost 60% of all law teachers.Wisconsin is among those top 20.Similarly, Wisconsin rankedamong the top 15 producers of toplawyer-executives of large Ameri-can companies, according to a sto-ry in the Harvard BusinessReview reporting on a 10-yearsurvey of more than 11,000 per-sons recently promoted to presi-dent or vice president of a majorAmerican company. I agreewholeheartedly with the editor ofThe Gargoyle, Ed Reisner, whenhe wrote in a recent issue: "Thesetwo reports indicate not only ahealthy respect for our graduates,but also the diverse career paths

available to lawyers. With onlyabout 45%of our graduates enter-ing private practice we arepleased to see that the others aresuccessful in their chosen fields."

On one point, I definitely agreewith Dale Borden's letter. TheWisconsin Law Alumni Associ-ation and alumni generally havebeen helpful in filling "manysmall but important gaps in whatcould be done with budgetedfunds, particularly in connectionwith recruiting and keepingquality faculty and in keepingquality students." In the future, Isee the need for even more help ifwe are to maintain our eminence.I discussed a number of our needsin the Fall 1980 issue of TheGargoyle. This is not the appropri-ate time to repeat what I saidthere, but let me reiterate onepoint of considerable priority. Wehave been very successful in thepast in assembling and retaining ahigh quality faculty in competi-tion with the top law schools in the

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country. I am concerned, however,that the gap between our salaryscale and that of other top lawschools seems to be widening, notto mention the gap between whattop law graduates can earn in pri-vate practice as compared withwhat they can earn as lawteachers. The salary problem isone which exists throughout theUniversity, so I do not believe wecan expect much help from theUniversity in solving this prob-lem. Neither are we likely to getmuch help from the State Legis-lature in these financially austeretimes. What I believe we must dois follow the lead of a few otherpublic law schools in enhancingthe compensation of our faculty.Some of them have developedsizeable funds through theiralumni associations which providea sum of money from whichfaculty members can draw forsuch important incidental ex-penses as book purchases, sum-mer research support, expense oftravel to professional meetings,extra secretarial support, and thelike. Someof them also provide ad-ditional salary support in thismanner.

Turning next to some newsabout our faculty, I can tell youthat we have hired two newfaculty members since my last an-nual report to you. Carin Claussjoined the faculty at the start ofthe second semester of the1980-81 academic year. She is anexpert in labor law, havingworked for the U. S. Departmentof Labor since she graduated fromColumbia Law School in 1963.During her years with the LaborDepartment, she held a variety ofresponsible positions, culminatingwith the position of Solicitor ofLabor during the last four years.

The second person is JudithLachman, whowilljoin the facultyin the second semester of the1981-82 academic year. Shereceived her PhD from MichiganState in Economics, taught fiveyears in the Economics depart-ment at Vanderbilt University,and then went back to law school.She will graduate from Yale LawSchool in 1981 and will be teach-ing Taxation when she joins ourfaculty.

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I also must report two facultyretirements at the end of the cur-rent academic year. One isWillard Hurst; the other is Carli-sle Runge.

Willard Hurst has been a mem-ber of the faculty since 1937. Hehas been Vilas Research Professorsince 1962 but has continued toteach the courses in Legislationand Modern American LegalHistory to hundreds of studentseach year in addition to fulfillinghis role as the Law School'spreeminent legal scholar. TheMadison Capital Times in a recentstory accurately referred to himas a legend. To quote briefly fromthe Capital Times story: "Mostwidely known as a legal historianand constitutional expert, Hursthas always seemed to embody therich history of jurisprudence heteaches, his former students willtell you. Many recall his lecturesas their most memorable mo-ments in law school, and theyoften cite Hurst himself as theirgreatest single influence."

Carlisle Runge joined the lawfaculty in 1951 but has been onleave from the Law School for ex-tended periods of time to holdother important public service andUniversity assignments. Amongthese are service as Assistant Sec-retary ofDefense for Manpower inthe Kennedy administration andchief of staff for the state Coor-dinating Council for HigherEducation prior to the mergerwhich created the University ofWisconsin System. In recentyears, he has served as chairmanof the University's Department ofUrban and Regional Planning,chairman of the instructional pro-gram of the Institute for Environ-mental Studies and Director of theUniversity's Center for PublicPolicy and Administration.

Death also took its toll of ourstaff during this past year. Theyinclude two persons from our sup-port staff, Violette Moore from thesecretarial staff and CatherineBooth from our duplicating officestaff. Death also claimed ArnonAllen, chairman of the Univer-sity's Extension Law Departmentand Associate Dean for Continu-ing Legal Education. ProfessorAllen had devoted almost all of hisprofessional life to the field of con-tinuing legal education. He hadserved continuously as Chairmanof the Extension Law Departmentsince 1963.

I will not devote much time thisyear to faculty and student ac-tivities. I can say very briefly thatfaculty members continue, as inpast years, to engage in a wide ar-ray of scholarly pursuits andpublic service activities, in addi-tion to meeting their teachingcommitments. The students con-tinue to be an impressive lot. In-terest in legal education on thepart of those not yet in law schoolcontinues at a high level. For thefall 1981 entering class, for exam-ple, we have about 1,650 appli-cants competing for about 285places in the entering class. Jobplacement opportunities for gra-duates also have been holding upvery well. Starting salaries keepincreasing each year, the medianfor 1981 graduates now standingat about $20,000 with offers rang-ing as high as $37,500.

For the remainder of my report,let me provide you with a briefsummary of the self study whichthe law faculty engaged in thispast year. It is about as thoroughan examination of our total opera-tions as has taken place in a longtime. One aspect of the study stillcontinues, namely, a thoroughreview of our second and thirdyear curriculum. This could turnout to be the most significant aswell as the most controversialaspect of the study as goals are ex-amined and proposals for changeare reviewed. I cannot reportfurther on this aspect except tosay that I have appointed a special3-member faculty committee togather facts, do an analysis andreport findings, conclusions andrecommendations to the faculty inthe fall of 1981.

The rest of the study encom-passed a broad range of subjects.This will become apparent as Ibriefly outline some of the conclu-sions and recommendations.Because every accredited lawschool is expected to engage inthis process at least once everyseven years, it might be called amedium-range planning process.Of course, review of various seg-ments of law school operationstake place almost every year, so itshould not be surprising that mostof the recommendations forchange are rather minor.

1. We looked at the objectivesof the J.D. program and concludedthat its basic purpose is to gradu-ate law-trained persons capable ofserving society.in a variety of law-related careers and not to trainspecialists. The career patterns ofour graduates have been quitevaried, and we believe this islikely to continue to be true in thefuture.

2. We gave some thought to thequestion whether we ought to con-tinue to enroll roughly 900 stu-dents each year. We concludedthat interest in legal education islikely to remain high for the nextsix or seven years, so that there is

not likely to be a problem from thestandpoint of having an adequatesupply of goodapplicants. We alsoasked ourselves whether societyneeds all these lawyers. We notedthat the pool of lawyers in theUnited States is growing at arapid rate and that the job marketfor lawyers almost certainly willtighten considerably in the nextten years. We noted, however,that legal education is a verybroad form of education whichdevelops the kinds of skills gradu-ates are likely to find useful in awide variety of law-related oc-cupations and that we ought notbe unduly influenced by prospectsof a tightening job market. Insum, we concluded that we shouldcontinue to enroll approximatelythe same number of students forthe next several years.

3. We reviewed our admissionsstandards and procedures andconcluded that we saw no reasonfor making any basic changes.

4. We reviewed our first-yearcurriculum and concluded that itis essentially sound. The emphasisis on training in legal analysis, onproviding students a grounding inthe basic principles in substantiveand procedural law, on training in

the types of oral and written com-munications skills in which law-yers ought to be proficient, and onfamiliarizing students with the in-stitutional contexts in which lawoperates.

5. We concluded that we havenot had enough experience withthe part-time program mandatedby the legislature a couple of yearsago to make a judgment as towhether there will be sufficientinterest in or financial support forthe program to make it feasible tocontinue the program in the longrun.

6. We reviewed our graduateprograms, which typically enrollno more than a dozen personseach year, and concluded that weshould not make any effort to in-crease enrollments in these pro-grams as long as they remain es-sentially research oriented. Somelaw schools run programs at thegraduate level designed to trainspecialists in fields such as taxa-tion or international law. We con-cluded that we should not move tospecialization program at the gra-duate level without considerablestudy as to the needs of the prac-ticing bar and the availability offinancing.

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7. With regard to the researchmission of the LawSchool,we con-cluded that the mission is beingsatisfactorily fulfilled at the pre-sent time. Faculty research isabout as extensive as at any lawschool in the country. Research isfostered both by an organizationalstructure which includes a facultymember who serves on a part-timebasis as associate dean forresearch development and aliberal leave policy which permitsfaculty members to take advan-tage of outside funding forresearch purposes whenever suchfunds become available. Mostresearch funding has come fromfederal government sources.There will be a need to makestrong efforts to develop othersources if federal funding is cutback.

8. We noted that public serviceactivities on the part of the facultyseem to be thriving without anyspecial organizational structure topromote them. When outsidefunding for these activitiesbecome available, leaves havebeen granted as liberally as forresearch. We concluded that thispolicy should be continued butthat, both in case of researchleaves and in case ofpublic serviceleaves, efforts should be made tominimize the impact on the in-structional program.

9. With regard to continuinglegal education and similar out-reach activities designed to servethe bar and the public generally,the Law School faculty adopted aresolution in 1976which approved"an outreach program in teach-ing, law in action research andpublic service as an official lawschool function." Considerableprogress has been made in thepast four or five years in involvingfaculty members in this type of ac-tivity in a joint effort with the Ex-tension Law Departm en t,although many problems remainto be solved, including more ade-quate support of service activitieswhich are not self-supporting inthe sense that they do not gener-ate sufficient program revenue tofully cover their costs, Univer-

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sity Extension as a whole is un-dergoing a thorough study at pre-sent. We concluded that, pendingthe outcome of this study, weshould continue present LawSchool policies unchanged.

10. The major, formally recog-nized student activities are (a)Student Bar Association ac-tivities; (b) the Bookmart; (c) theLaw Review; and (d) moot courtcompetitions. For the most partthese seemed to be adequatelyorganized and financed. We didconclude that thought should begiven to a more formal organiza-tion of the various moot courtcompetitions which have beenproliferating in recent years andthat support services for the LegalEducation Opportunities(minority/disadvantaged student)Program should be reorganized bythe appointment of an assistantdean who would assume primaryresponsibility for the various sup-port services.

11. We looked at the faculty asa group and, although this state-ment may seem self-serving, con-cluded that on the whole thefaculty we have assembled atWisconsin is about as diverse andtalented a group of scholars andteachers as will be found at mostany other law school. This doesnot mean that there are no prob-lem areas. We have had difficultyin recent years in adding facultyto provide the strength we wouldlike to have in areas such as taxa-tion and trusts and estates, but webelieve these problems can besolved by continuing attention tothem. As I noted previously, wealso are concerned about our sal-ary structure as it relates to theability to hire and retain goodfaculty members.

12. The law library clearlymeets, and in most respects ex-ceeds, the basic minimum stan-dard of providing adequate sup-port services for our programs ofteaching, research and public ser-vice. Nevertheless, there is causefor concern in that book priceskeep increasing at a much fasterrate than the budget. Reporters,continuation services and the like

now consume over 85%of the bookbudget, leaving little for thepurchase of individual books.Clearly, the infusion of majorsums of money into the Law Libr-ary's book budget is a matter ofconsiderable priority.

13. With regard to other sup-port services, we noted a need toimprove secretarial services forthe faculty and approved the ac-quisition of modern word process-ing equipment as one means ofdoing so.

14. We noted that physicalspace continues to be at a pre-mium and concluded that weshould continue to press our casebefore the University administra-tion for more space.

15. We concluded that we needto do a better job of informing ouralumni of our needs and toenhance alumni fund raising inview of the tightness of the statebudget.

16. With regard to the state-supported budget, about 77%cur-rently goes for instruction, 6%forresearch and 17%for library. Weconcluded that this distribution isabout right in viewof the fact thatwe could use more support in eachcategory. Allocation of the majorportion of the budget to instruc-tion enables us to maintain anoverall student-teacher ratio ofroughly 20 to 1. We believe thatany substantial deterioration ofthat ratio would also cause adeterioration in the quality of in-struction.

In summary, we did not find anymajor defect in our organizationor our programs. The self-studynevertheless was a useful exercisein helping all of us to "see the bigpicture" while at the same timepinpointing some areas in whichwe think we could stand improve-ment. I might close by saying thatI believe we have a very fine lawschool, one of which all of youshould be proud, and I hope youwill help us maintain the traditionof excellence which I believe existsat Wisconsin.

- Doug Putnam

lawyer/Athlete:Clarence Sherrod

One of the outstanding athleteswho has attended the Universityof Wisconsin Law School, isClarence Sherrod. As a three-yearstarter on the Badger basketballteam from 1968 to 1971, Sherrodset a Wisconsin career scoringrecord. He earned All-Big Tenhonors in his junior and senioryears. He was the Big Ten's bestfree throw shooter during the1969-1970season.Sherrod, however, feels his

greatest challenges came from theundergraduate and law school~lassrooms. "I didn't go to collegeJust to play basketball," he says."For me, basketball was always ameans to an end. I never let itovershadow my desire for an ex-cellent education. And law schoolwas definitely something I had al-ways wanted in my educationalcareer."Clarence Sherrod was born on

October 29,1949 in Milwaukee.AtMilwaukee Lincoln High School,where he was class valedictorianhe starred at guard on teams thatwon public school state champion-ships in 1966 and 1967, compilinga two-year record of 50-1. One ofhis teammates at Lincoln wasFred Brown, who went on to playfor the University of Iowa and theSeattle Supersonics of the Na-tional Basketball Association. Inaddition to basketball, Sherrodran cross country and playedbaseball and freshman football.Like any high school athlete

who is outstanding enough to playbasketball on the major collegelevel, Sherrod was the target of in-tense campaigns by recruiters.His academic and athletic skillsattracted the attention of nearly350 colleges. "There was a greatdeal of pressure," he says. "Manyof the recruiters tried to influencemy mother. A lot of them calledme daily during my senior year."Sherrod also received a legislative

appointment to the Air ForceAcademy, which he turned down.He c~ose to attend Wisconsin pri-mar ily because of its strongacademic reputation. As a highschool senior, he was already in-terested in a legal career, and dur-ing his visit to the Wisconsin cam-pus, he toured the law school.The commitment to playing in

one of the country's strongestbasketball conferences madeachievemen t in the classroommore difficult. "Athletes have itharder than most other students"Sherrod says. "If you don't pe~-form on the basketball court peo-ple tell you you're no good. If youdon't make it in the classroompeople think of you as a dumbjock. You have to meet the de-mands of both worlds."Sherrod met the demands well.

His greatest assets on the courtwere his quickness and his shoot-ing eye. He earned a startingberth on the team as a sophomoreand never gave it up. In his junioryear, he averaged 22.5 points per

Clarence Sherrod

game, and in his senior year heaveraged 23.8. In 1970, he waschosen for the All-Big Tenacademic team. He graduated in1971 with a B.S. in education .. The summer following gradua-tion , Sherrod toured Australiawith a group of Big Ten players.Drafted by the Chicago Bulls andthe Kentucky Colonels, and aftertryouts with the Colonels and theDallas Chapparals of the Ameri-can Basketball Association, heplayed briefly for Hartford of theEastern League. The next year hereturned to Madison and enteredlaw school. While in law schoolSherrod served as a teacher'~assistant. On weekends he playedfor the Waukegan Lakers, a semi-pro team. He graduated from thelaw school in 1975.In 1975, Sherrod became an

assistant district attorney in Mil-waukee. From 1977 to 1979, hewas deputy district attorney inDane County. In 1979, he was ap-pointed legal counsel for theMadison Metropolitan School Dis-trict. As legal counsel, he repre-sents the district in all litigation,drafts contracts, interprets schoolboard policies and defends againstcomplaints filed with administra-tive agencies.Sherrod retains an avid interest

in college athletics. Like mostBadger fans, he is excited by theseven basketball players recruitedlast spring by coach Bill Cofield."It will be tough for them to win alot of games in the Big Ten asfreshmen and sophomores. But ifth~y can reach their potential, Ithmk that by the time they arejuniors they will be in the race forthe league title and for nationalrecognition."Sherrod is also disturbed by the

academic scandals that haveshredded college football andbasketball in recent years. "It'seasy to understand why they hap-pen. Somuch is wrapped up in thedesire to produce a winning team.Winning is important to thecoaches, to the fans, to the alumniand to the school's tradition. But ithink Wisconsin is one of theschools where athletes have thechance to combine athleticachievement and academic ex-cellence."

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Prof Walter Raushenbush

LAW SCHOOLADMISSIONS -INTERVIEW WITH

PROF.RAUSHENBUSH

Professor Walter Raushenbushof the Law School Faculty is cur-rently completing the first year ofa two-year term as President ofthe Law SchoolAdmissions Coun-cil, a non-profit educational asso-ciation made up of the 171 ABA-approved law schools in the coun-try. As its name indicates, theCouncil provides services and con-ducts activities to serve and in-form those involved in the lawschool admissions process - ap-plicants, law schools, and under-graduate institutions.

Not surprisingly, one of theCouncil's central functions is theadministration of the Law SchoolAdmissions Test (LSAT).Although the test is actuallyowned by the member law schools,through the Council, the test iscurrently administered by theEducational Testing Service.Starting this year, the Council hasassumed for the first time fullresponsibility for operating theLaw School Data Assembly Ser-vice, which previously was alsocontracted out to ETS.

In his role as Council PresidentProfessor Raushenbush ha~gained a special perspective onfuture trends in law school admis-sions. He states that the Council isparticularly concerned withestimating future demand for lawschool places, since this has im-portant implications for the mem-ber schools and the planning theymust do for the coming years. Asanyone who has been connectedwith legal education knows, thepast fifteen years or so have seena boom in law school applicationswith the numbers more tha~doubling from 1964 to 1971. Dur-ing the last several years,however, this trend appears tohave changed, resulting in alevelling and even some decline, innumbers of applicants.

If this downward trend con-tinues, as the Council believes it

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will, more law schools will onceagain be faced with the nearlyforgotten dilemma of decidingwhich among the field of appli-cants are qualified for a particularschool and which are not. This isin sharp contrast to the presentsituation in which most schoolsare inundated with many morequalified applicants than they canaccept. Decreased numbers ofqualified applicants will have animpact on law schools in budge-tary terms, resulting in schools'being faced with a need to fill allslots in order to produce neededrevenues, a pressure which canwork against the desire for astrongly qualified student body.One way to meet this challenge isthe development of innovativerecruiting practices, which mostmost law schools have not had toengage in for many years. One ofthe Council's roles in the years

ahead will be that of a resource tolaw school admissions committeesin assisting them to resolve thesedifficult problems.

The Reagan administration'sproposed student financial aidcutbacks may also soon affect lawschool admissions, according toProfessor Raushenbush. Adecrease in the amount of "cheapmoney" for graduate and profes-sional education could have aserious impact on the numbers ofstudents who will be able to attendlaw school. The proposed "needstest" may be very restrictive andit is unclear if the independentstatus ofmost law students will beadequately recognized. The Coun-cil will attempt to influence thefunding picture by resistingdecreases in financial aid and byurging that decreases that do oc-cur should not have a dispropor-tionate impact on graduate andlegal education.

In addition to financial aid con-cerns, the Council has also beeninvolved in extensively revisingthe LSAT.The need for revision isprimarily the result of a "Truth inTesting" Act passed in June, 1979by the NewYork Legislature. Thislaw mandates disclosure to thepublic of the contents of tests suchas the LSAT and requires the test,with its answers, to be filed as apublic document and to be pro-vided on request to anyone whohas taken the test. Subsequent tothe enactment of the New Yorkstatute, the Council decided thatfairness and consistency dictatedthe disclosure of the test and itsanswers in all areas of the coun-try. Although the tests had pre-viously been re-used three or fourtimes, the new policy precludesusing a test more than once. Oneresult is that a new test formatbecame necessary if scores are tobe comparable from one adminis-

tration of the test to another.Although the new test will be

quite similar in content to the oldone, a new scoring scale will beused. Possible scores will rangefrom ten to fifty, rather than thepresent range of 200 to 800, forLSAT's administered starting inJune 1982. New test forms arenow being developed and pre-tested by ETS, with all questionsbeing reviewed by a Council com-mittee of experienced lawteachers.

" 'Truth in testing' legislation isa 'glamour' project right now,"says Professor Raushenbush,adding that Congress and manystate legislatures are interested inpassing laws similar to the NewYork statute. "Since the Councilwould have a difficult time com-plying with thirty different statelaws, and the costs of such com-pliance would necessitate dra-matic fee increases," he states,

"we are actively engaged inefforts to either defeat these pro-posed pieces of legislation or toassure that, while reasonablymeeting the objectives of propo-nents, they will not be too costly tocomply with, or too damaging tothe testing process." He points outthat fees had to be increased as aresult of the Council's nationwidecompliance with the New Yorklaw.

"However," he adds, "recentnews of flawed questions in someETS tests underlines the valuethat substantial test disclosurecan have from the standpoint ofaccountability and quality control.Whether voluntary (as we wouldprefer) or required by legislation,such disclosure looks like an ideawhose time has come."

Suzanne Williams

Han. Thomas E. Fairchild (left) and Gordon Sinykin (right) were the recipientsof this year's WLAA Distinguished Service Awards. The presentation was madeduring the Annual Meeting on May 1, 1981.

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FACULTY/ALUMNINOTES

Prof. Arlen Christensen hasbeen appointed as Associate Deanto serve in place of Prof. StuartGullickson, who will spend the fallsemester teaching at DukeUniversity.

Nancy Bernstine, who receivedher LL.Mfrom this Law School in197 has been named AssistantDean and will administer theLegal Education Opportunitiesprogram. She will also assist withfinancial aids and interpretationof rules.

Recently promoted by the Boardof Regents to Professor of Lawwere Peter C. Carstensen,Stephen J. Herzberg and LeonardV. Kaplan.

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Prof. Richard B. Bilder, who'snew book entitled Managing theRisks of International Agreementwas published by the UW Press,has been elected vice president ofthe American Society of Interna-tional Law.

Oliver Bright (Class of 1961)passed away in London this April.Mr. Bright was born in Monrovia,Liberia, and, after receiving hislaw degree here, returned home tobegin a career in government.Before resigning from govern-ment service in 1979, he served asAssistant Secretary and UnderSecretary of State, Minister ofHealth and Welfare, and Ministerof Justice. In addition he wasSpecial Envoy for two Liberian

Presidents at various interna-tional conferences and Legal Ad-visor to the Liberian Delegation tothe Organization of AfricanUnity.

Michael G. Price (Class of1966), the Deputy Admnistratorof the Wisconsin Board of Attor-neys Professional Responsibility,is the new President of the Na-tional Association of Bar Counsel.

Alan R. Post (Class of 1972) hasbeen promoted to the position ofAssistant General Solicitor for theBurlington Norther Inc.

Nancy N. Heykes (Class of1977) has been promoted to Assis-tant General Counsel and Direc-tor of Legal Staff Services of AidAssociation for Lutherans.

SUMMERDOLDRUMS?Those unfamiliar with the

operations of the LawSchooloftenask, "What keeps you busy in thesummer when there are no stu-dents around?" Were it only so,we sometimes think!

With the number of coursesoffered here each summer it ispossiblefor a student to earn a fullsemester of credit in thirteenweeks. The summer begins withan intensive three week sessionand then offers a variety ofcourses in lengths including four,five, eight and ten weeks. Summerenrollments are up this summerand now total almost one-half ofour "regular" enrollment. Theresidency rules now permit stu-dents to complete their degree intwo years and two summer ses-sions which may account for theincrease in' our summer enroll-ment. Many of our summer stu-dents are from other law schoolswhere no summer classes areoffered.

Nor doesthe admissions processend as summer begins. By latespring the majority of the Class of1984 had been offered admissionbut there is still a waiting list ofseveral hundred hoping for some

change which will allow them tojoin the Class. Students may beadmitted from the waiting list aslate as the first day of classes.Some years ago one of these lateadditions arrived with no place tostay. Our admissions directoroffered her home and wound upwith a live-in law student untilother arrangements could bemade.

Summer is also a busy time forthe placement office. Invitationsto arrange on-campus interviewsare sent out each spring. By early

summer tentative arrangementshave been made with more thanone hundred firms, corporationsand agencies to visit with our stu-dents. As the summer goes on,these arrangements must be con-firmed and adjusted. By late sum-mer everything must be in placefor more than 3,000 individual in-terview appointments. After thefall rush, the cycle begins again.

Two large, on-going researchprojects are active here this sum-mer. Both the CivilLitigation andLegal History projects are wellinto their respective programs.Since both involve faculty whomay not be teaching, they are, ifanything, busier in the summerthan at other times. The LegalHistory project sponsored amonth-long workshop bringingtogether students and scholars inthe field. Five Fellows of the pro-ject discussed their research inthe area of "Law in the Life of As-sociations, 1870-1980."

In addition to the activitieswhich are directly related to themission of the Law School, thereare others taking place in ourbuilding that are not part of ourprogram but which do add to ourduties. Several hundred Danecounty youngsters participated ina new program called "College forKids" during three weeks of thissummer. For part of that timethose interested in the socialsciences field were in the Law

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School to learn about the legalsystem and its institutions. Thisgroup was followed by a slightlyolder group, graduates of otherlaw schools here to take theWisconsin bar examination.Almost 250, the largest numberever, spent a day and a half onessay questions and the Multi-state exam. This group wasfollowedby again an older group,the Graduate Bankers School,who spent a number of weeks oncampus studying the esoterica ofcurrent banking practices.

Almost before we recognize itsbeginning, summer is near its end,and students are beginning tofilter back to Madison.

ON THE LIGHTERSIDE

This spring, Prof. John Kidwellpresented the 2nd AnnualAmbrose Bierce Lecture as part ofthis School's Law Day celebration.He entertained his audience foran hour with a collection of origi-nal and classic pieces of law-rel-ated humor. One of the classics ispresented here, and may be foundin The Criminal Law Quarterly,Vol. 8, page 137.

(IN THE SUPREME COURT)REGINAv. OJIBWAY

Blue, J. August, 1965Blue, J.: - This is an appeal by the

Crownby way of a stated case from adecision of the magistrate acquittingthe accused of a charge under theSmall Birds Act, R.S.O., 1960, c.724,s.2. The facts are not in dispute. FredOjibway, an Indian, was riding hispony through Queen's Park on Janu-ary 2, 1965. Being impoverished, andhaving been forced to pledge his sad-dle, he substituted a downy pillow inlieu of the said saddle. On this partie-

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ular day the accused's misfortune wasfurther heightened by the circums-tance of his pony breaking its rightforeleg. In accord with Indian custom,the accused then shot the pony torelieve it of its awkwardness.

The accused was then charged withhaving breached the Small Birds Act,s.2 of which states:

2. Anyone maiming, injuring orkilling small birds is quilty of an of-fence and subject to a fine not in ex-cess of two hundred dollars.

The learned magistrate acquitted theaccused holding, in fact, that he hadkilled his horse and not a small bird.With respect, I cannot agree.

In light of the definition section mycourse is quite clear. Section 1 defines"bird" as "a two legged animalcovered with feathers". There can beno doubt that this case is covered bythis section.

Counsel for the accused madeseveral ingenious arguments towhich, in fairness, I must addressmyself. He submitted that the evi-dence of the expert clearly concludedthat the animal in question was apony and not a bird, but this is not theissue. We are not interested inwhether the animal in question is a

bird or not in fact, but whether it isone in law. Statutory interpretationhas forced many a horse to eatbirdseed for the rest of its life.

Counsel also contended that theneighing noise emitted by the animalcould not possibly be produced by abird. With respect, the sounds emittedby an animal are irrelevant to itsnature, for a bird is no less a birdbecause it is silent.

Counsel for the accused also arguedthat since there was evidence to showaccused had ridden the animal, thispointed to the fact that it could not bea bird but was actually a pony. Ob-viously, this avoids the issue. Theissue is not whether the animal wasridden or not, but whether it was shotor not, for to ride a pony or a bird is ofno offence at all. I believe counsel nowsees his mistake.

Counsel contends that the ironshoes found on the animal decisivelydisqualify it from being a bird. I mustinform counsel, however, that how ananimal dresses is of no concern to thiscourt.

Counselrelied on the decision in ReChicadee, where he contends that insimilar circumstances the accusedwas acquitted. However, this is a

horse of a different colour. A closereading ofthat case indicates that theanimal in question there was not asmall bird, but, in fact, a midget of amuch larger species. Therefore, thatcase is inapplicable to our facts.

Counsel finally submits that theword "small" in the title Small BirdsAct refers not to "Birds" but to "Act",making it The Small Act relating toBirds. With respect, counsel did notdo his homework very well, for theLarge Birds Act, RS.O. 1960, c. 725,is just as small. If pressed, I need onlyrefer to the Small Loans Act RS.O.1960,c. 727which is twice as large asthe Large Birds Act.

It remains then to state my reasonfor judgment which, simply, is asfollows:Different things may take onthe same meaning for different pur-poses. For the purpose of the SmallBirds Act, all two legged, feather-covered animals are birds. This, ofcourse, does not imply that only two-legged animals qualify, for the legis-

lative intent is to make two legsmerely the minimum requirement.The statute therefore contemplatedmulti-legged animals with feathers aswell. Counsel submits that havingregard to the purpose of the statuteonly small animals "naturallycovered" with feathers could havebeen contemplated. However, hadthis been the intention of the legis-lature, I am certain that the phrase"naturally covered" would have beenexpressly inserted just as 'Long' wasinserted in the Longshoreman's Act.

Therefore, a horse with feathers onits back must be deemed for the pur-poses of this Act to be a bird, and afortiori, a pony with feathers on itsback is a small bird.

Counselposed the followingrhetori-cal question: If the pillow had beenremoved prior to the shooting, wouldthe animal still be a bird? To this letme answer rhetorically: Is a bird anyless of a bird without its feathers?

Appeal allowed.

UW Law Alumni in Californiayou are invited

to an ALUMNI lUNCHEON

as part of the

State Bar of California1981 ANNUAL MEETING

Tuesday, October 13, 1981 at noon

Town & Country Hotel, San Diego

Among those attending will be Dean Orrin Helstad

and Emeritus Prof. John Conway

Details and reservation forms will be

mailed in September.

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