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Show S ri Vi OjjVior t UtMt it Lihruri'n Salt Lk r City, Uth R iui2 Univrrfli.tfTof i i . t - " ' The Daily Legal Newspaper VOLUME 15, NUMBER 64 FRIDAY, APRIL 2, 1971 UGAL NOTICO: SALT LAKE PUm4S7-OU- 1 Wants Contract 'Consumerized' (ACCN) - A proposal to change contract law to follow the principles of administrative law has been advanced by University of Southern California (USC) Law Professor W. David Slawson. standard Form Speaking on Contracts Democratic Control of Law Making Power, before a local USC Law Alumni luncheon at the Music Center here, Slawson said there is need to change contracts to conform with what the consumer believes he can reasonably expect when making a purchase. "The public does not understand agreements written in fine print, Slawson said, referring to airplane tickets, parking! ot tickets, in- surance policies and packaged ' Most of the time warranties. contracts are delivered only after a purchase has been made. For example, a parkinglot ticket only is handed over after a car is driven into a garage. Despite the publics confusion about what a policy or warranty guarantees, Slawson said it would be "unrealistic to try and redefine contract law. He said it would take too much time amidst our "complex, modern life, to try and away with standard form contracts and negotiate on individual do bases. the professor My proposal, said, is that we follow administrative law in contract law and distinguish between a real contract and a standard form or that which is pursuant to a contract." According to this theory, Slawson said, the consumers expectation of his purchase would be based on the agreement or contract, and not the form (policy or warranty) that follows. There would be concrete benefits if the law was changed, he said. Contract law would become democratic (both, parties would know what the law was); there would be competitive pressure on the sellers part to insure fair standard forms; and we could avoid many disappointments that really hurt people such as health insurance policies that do not provide the type of coverage expected when purchased. Slawson said contract law change could apply as well to contracts of adhesion, that is, contracts made out of necessity, such as those with the telephone company. According to Slawson, the necessity aspect of adhesive contracts could be considered in the same light as the "reasonable expectation aspect inherent in standard forms. , U. Of Michigan Law Applicants At Record High ANN ARBOR, MICH. (ACCN) The number of admissions -ap- plications to the University of Michigan Law School has reached an all-tim- e high according to the schools admissions officer, Asst. Dean Matthew P.T. McCauley. As of March 12, McCauley said, the applications for the 1971-7- 2 academic year totaled 4,466. The final total may reach 4,700. McCauley reported that many of this years applicants are ministers, newsmen, doctors and businessman who have decided to change careers to help solve social problems through the law. 1 11-1- Two of the committee members are former presidents of the American Bar Association: Earl F. Morris of Columbus, Ohio, asked to represent the ABA; and Orison S. Marden of New York City, representing the Institute of Judicial Administration. The Chief Justice said he recommends primary reliance upon the ABA in this matter because the Association is the legal professions voice. It is not dominated by any particular group, he declared, and its strength lies in its grass roots membership. Problem Areas Chief Justice Burger drew the attention of his listeners to a number of problem areas facing the courts. strongest He recommended: Ro examination of the basis of jurisdiction regarding such items as personal injury claims, receiverships of insolvent debtors, adoption of children, divorce and child custody, to determine whether any of such matters might be better administered by other governmental agencies so as to restore the courts to their basic function of dealing with cases and controversies. Greater cooperation between state and federal judges in resolving differences and exchanging ideas. He applauded the action of 32 states in establishing ad hoc state-feder-- al judicial councils after he had recommended this at the ABA annual meeting last August. Jury Reform Abandonment of outmoded practices, including the demand for more jurors than needed. "There is almost a total absence of even the most primitive techniques in predicting the need for jurors just as there is a large vacuum in the standards and procedures to coordinate the steps of bringing a case and all of its components the lawyers, witnesses, experts, jurors to the same place and court staff at the same time," he said. Careful study to make sure that every case which reaches the courtroom stage is there only after every possibility of settlement has A major overhaul of California's annexation laws first in 25 years has been proposed by Assemblyman John Knox, The sweeping changes, most of which were developed by the League of California Cities, will clarify procedures within the structure of the Local Agency Formation Commission (LAFC) governmental bodies not in existence when the original annexation laws were member of Mass Mutual's Presidents Club created one million dollars or more of individual life insurance and annuity protection for his clients. : Broad g Establishment, has reprinted without authorization excerpts from U.S. Supreme Court Justice William 0. Douglass latest book, Points of Rebellion. When it came out last year, the volume voiced the Justices sometimes bitter criticism of what he saw as political and social repression in the United States. It noted that the American colonists of 1775 had resorted to rebellion against George III when the British Establishment of that day proved unresponsive to the colonists complaints which legitimately required some amelioration. Some Qualifications Along with his critique of contemporary America, however, the democracy. The technique of printing slanted excerpts of what foreign personalities think or say is not uncommon in Russian books and magazines meant for the Soviet public. It is a little odd to find it in a magazine meant to brief the Russian power circle the decision makers and research elite on what really is taking place in the United States. Blue Chip Renders USA has a monthly circulation of about 25,000, directed to govern- mental and Communist party all personnel, and to people in the academic world whose fields have to do with study and research on America. The Douglas book excerpts appeared in the USA issues of last September and October, copies of which have recently become available in this country. Left out of the excerpts are such Douglas observations as: "After an American has been in a totalitarian country for several months, he is greatly relieved when he reaches home. Right To Protest "(In the U.S.,) (p)ickets may be regulated as to numbers and times and daces. But the basic right of public protest may not be abridged." "This period of dissent based on belief in man will indeed be our greatest renaissance. The Russians apparently do not mind unambiguously labeling Communists as the cause of some of the American unrest. In his original relevant qualifying statements. Distorted Portrait the original book came that Noting out while elements in Congress were trying to impeach Douglas, the Soviet magazine observes: "It is "Communists may have provoked some of the present dissent in the The Russian United States. version drops out the word magazine "may. pointed out various and sometimes qualifying redeeming features in the U.S. Justice scene. Basically, his book was a criticism of the American Establishment for refusing to meet the needs of the present time, and a defense of the legitimacy of many of the causes of social and racial protest. In the Russian publication, USA, Douglas appears as a and disillusioned critic of scathing things American. This is ac- complished by the simple expedient of printing many of his negative comments while omitting text, Justice Douglas wrote: Huntley To Speak passed in 1913 and 1939. In general, Knox's legislation would make it easier for cities to start annexations, make it tougher for landowners to stop them, and make it impossible for cities to get out of a plan after it is approved by LAFC. "California's annexation laws are archaic, says Knox. The two major acts have been virtually unchanged for over 25 years." many events have occurred which have had a significant impact on these annexation statues, they have never undergone a in light of the complete rapidly changing needs of our urban communities. One feature of the bill has been approved by the legislature previously, but vetoed by Gov. Ronald Reagan. This would allow cities to annex of 10G unincorporated "islands acres or less which are substantially surrounded by cities. If given the approval of LAFC, a city could complete such an nexation without notice of hearing or an election. City councils would be permitted to start annexation proceedings of both inhabited and uninhabited land merely by the adoption of a resolution. Petitions of residents could also be used to start an annexation, and the requirement has been reduced from 25 to five per cent of the registered voters in the land seeking annexation. If uninhabited, petitions must be filed by not less than five per cent of the owners representing not less than five per cent of the assessed valuation. Under either procedure, the annexation then goes before LAFC, which determines if it is logical and justified. Knox has added a provision which eliminates the citys ability to stop an annexation proceeding after LAFC gives it the green light. Thus, a city could not terminate a plan which would ultimately cost the city money to provide services to the area asking to be annexed. "While Program for the annual affair still being firmed, Mr. Van Winkle said. is Mr. Huntley, a voice and face to millions throughout the world, is presently chairman of the board of Big Sky of Montana, Inc., developers of a $20 million recreational complex in Richard A. Van Winkle, presi- Montana. dent of the Salt Lake Area ChamMr. Huntley, born in a Monber of Commerce announced that tana railroad station, is well e newsChet Huntley, known for his many years in caster and now a major recrea- radio and television newscasting. tion developer, will be the fea- He last year as anchor tured speaker at the Chamber's manresigned Huntley-Brinkleof the veteran annual banquet. The banquet will NBC television news be held April 16 at Hotel Utah. team. At Chamber Banquet known long-tim- power should be given to more judges, allowing state legislatures to concentrate on their many other issues. - A Russian on American affairs, magazine meant to inform the Soviet NEW YORK (ACCN) Power rule-makin- ironic that the persecution of Douglas demonstrates in the best way how grave are the causes leading yesterdays apostle of liberalism (a reference to the Justice) to lose his faith in Russ Magazine Excerpts Slant Douglas Book been exhausted. Wider use of court executive officers to relieve judges of many administrative duties now absorbing their time. Rule-Makin- g 1 SACRAMENTO, CALIF. (ACCN) 4. six-memb- er 4S7-SU- Merger Laws - CHICAGO (ACCN) Chief Justice Warren E. Burger has called for the creation of a National Center for State Courts, a service agency that would accumulate and make available all information necessary for comprehensive examination of the problems of the judiciary in the fifty states. He suggested the new agency during his keynote address before the National Conference on the Judiciary held in Williamsburg, President Virginia, March Nixon also endorsed the idea before the Conference. Conference Acts In response to the Chief Justice's plea for immediate action, the Conference of Chief Justices authorized a planning committee which was named immediately by Chief Justice Robert W. Calvert of Texas, chairman of the Conference of Chief Justices. The committee will consider the form and administrative structure of the new agency. Ptwa California May Overhaul City Burger Urges National State Courts Center Law To Be LOS ANGELES LEGAL NOTICES: CITY, UTAH y" I 1 |