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Show TUESDAY, APRIL 3, 1973 SALT LAKE CITY, UTAH VOLUME 17, NUMBER 63 Draft Jailhouse Law Course for Women Inmates Utah Supreme Court Decision Auto Collision EXPERT TESTIMONY ACCEPTABLE IN AUTO ACCIDENT RECONSTRUCTION KAREN HAWKES and DOUGLAS ALLEN SAMUEL-SEby and through hia guardian ad litem, A. J. SAMUELSEN, personally, Plaintiffs and Appellants By N, NEW YORK STATE OF UTAH and JIMMIE F. BURNS, Defendants and Respondents Trial Court: No cause of action verdict against plaintiffs. Supreme Court: Affirmed. Supported by substantial evidence. Plaintiff counsel: William Henderson, Mark S. Miner, 10 Exchange Place Defendant counsel: Merlin R. Lybbert, 7th Floor, Continental Bank Bldg. See details pace 4. While it is proper for toe school to instill in young minds healthy respect for the symbols of our national government, it may not infringe upon toe First Amendment Miss Reynolds, a young Junior high school English teacher, was a favorite with the students. Intelligent and outspoken, she rights of individual teachers, said frequently criticized school board the judge. The teacher had a right alike. and public figures policies to remain silent as long as she The school administration toledidnt prevent the- rest of her class rated Miss Reynolds' liberated ways from reciting the pledge. until the day she stopped reciting (Based on a recent federal apthe pledge of allegiance with her peals court decision in New York class. You can recite the pledge, as retold by John Riter and Paul but I wont join you, she told toe Levine of toe University of Miami class. It would by hypocritical of School of Law.) me to say there is 'liberty and justice for all when life in toe United States is neither free nor just for Blue Grass Noise millions of Americans." toe Thats the last straw, (UPD-N- oise is the No. l ocschool board president said, Youre cupational health hazard in Kenfired. Miss Reynolds filed a suit against tucky, according to a state Health the school board, claiming that she Department survey. was deprived of her right to freedom of speech. WHO WON? Miss (Reynolds must be rehired. Store v. San Diego Freedom of speech also includes the freedom to remain silent. School ABA Western Playoffs authorities cannot legally compel In Salt Lake Monday either teachers or students to utter Begin what is not in their minds, toe The Utah Stars, champions of ruled. the American Basketball Associations western division, for toe second consecutive season, will play host to the expansionist San Diego Conquistadors in the first round of the post-sea- s mi ABA championship playoffs, starting next Monday, April 2. The first two games of the series will be played in the Salt Palace, on Monday the 2nd and Wednesday the 4th. The third and fourth games will be WASHINGTON (UPI) --Chief in Peterson Gym on toe San played Justice Warren E. Burger has Diego State campus on Saturday, designated two judges, a professor April 7, and Sunday, April 8. and a practicing attorney to serve on If a fifth game is necessary, it with will be played in toe Salt Palace a commission charged Court on Tuesday, April 10; a sixth game revamping the U.S. Circuit return to San Diego on would system. Thursday, April 12; and if the Congress set up the commission in series goes toe full seven games, 1972 but has not yet appropriated the toe finale would be played in Salt $270,000 authorized for its work. Lake on Saturday, the 14th of The Circuit Courts serve as the April. middle level in the federal court In toe other ABA western semisystem. They are placed between final playoff series toe second-plac- e the U.S. District Courts and the Indiana Pacers will meet toe third- -' handle and appeals Supreme Court, place Denver Rockets with Indiana from toe District Courts. hosting the first two gamps'1 this weekend. f Senior are choices Judge Burgers In toe east, J. Edward Lumbard of the 2nd New: .York and plays fourth-placCircuit in New York, Chief Judge second-plac- e Kentucky, meets third-plac- e Roger Robb of the District of Virginia. Columbia Circuit, Prof. Charles Tickets for the first two playoff Alan Wright of the University of toe in Salt Palace are presgames Texas Law School, and Atty. Bersale on at the Salt Palace Bo ently nard G. Segal of Philadelphia. Office. They are priced at $6, $5; House Speaker Carl Albert and $4 and $3. Stars season ticket holdVice President Spiro T. Agnew have ers will have their regular seats reserved for them until 6 p.m. toe each formally appointed four members as the law requires. night before each game. (Since toe box office is closed Sundays, toe Another four are to be appointed by deadline for Mondays game will President Nixon. be 6 p.m. Saturday, March 31.) - best-of-sev- en e . main, , Flag Salute Reform Body he -- Legal Briefs Burger Names Four to Court (UPI)-T- character in an unusual book isi called Kate. She is the bad girl in the dot. Kate gets in trouble with the fuzz every which way bank robbery, packaging dope, holding stolen The book is called goods. Prisoners Legal Handbook. A criminal type, Kate gets put in lineups. But she doesn't know the difference between fair lineups and unfair ones. Every criminal ought to know that. Otherwise how can a V. WHAT HAPPENED? Patricia McCormick person yell foul? Kate is not sure of her rights when a cop behind a gun tells her in toe middle of the night hes going to search her pad. In fact, Kates something of a dunce when it comes to knowing the fine points of criminal law. Now she and her kind have earned their troubles with the law. But sometimes they get more troubles than even they deserve because they dont know the law. Between the time of arrest and the time of sentencing and the time on their hands in jail, the Kates of the land may be somewhat victimized by their ignorance of the law. Prisoners at Clinton Farms, a New Jersey state correctional facility, are among such women. But for them things are looking brighter, thanks to some women law students. The students from Rutgers Law School in Newark, with help from women lawyers, last two is believed to be what year started the nation's only lay course in criminal law taught in a criminal institution. Kates troubles are in a permanent set of cases and materials compiled by the law group. The volume, like the course itself, is one of a kind. Prisoners Legal Handbook covers a wide range of criminal law. The jailhouse course grew out of a woman and the law" seminar full-fledg- ed Ohio House Approves Wornen's Rights Act COLUMBUS (UPI) - The Ohio introduced at the law school over a year ago and now taught by Honda Schoenbrod, a member of the adjunct faculty. The attorney, affiliated with the Law Center for Constitutional Law in New York, also is- involved in womens rights litigation. Judith Levin of New York, one of the students, said the Clinton Farms experience so far has been exciting and meaningful for both groups of women. For us," she said, this project has allowed the real world to intrude into the neatness of academic experience. The students began the project by gaining approval of prison officials. Then they circulated a questionnaire designed to determine the areas of law of greatest concern to prisoners. There was no surprise when criminal law rather than civil elicited the most interest. All the prisoners have had criminal experience. Two other points ' about the jailhouse course in criminal law for women prisoners: - House of Representatives has adopted the Equal Rights Amendment to the U.S. Constitution. One of the four women representatives voted against it. Currently about 100 women The proposed amendment passed meet every other week the Ohio House on a 0 vote and prisoners with the students in groups of three was sent to the Senate, which or four in the cottage-lik- e prison. deferred action on it last year. The course was conceived out of a concern for the high rate of SUPBEME C0UBT OF THE UNITED STATES recidivism among prisoners. The law students hope the course will TILLMAN et al. v. WHEATON-HAVE- N help women to stay clear of legal RECREATION ASSN., INC., et al. problems upon their release, by creating for them a better basic CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR understanding of the law. THE FOURTH CIRCUIT No. 71-11- 36. 56-4- Argued November 15, 1972 Decided February 27, 1973 Respondent association (Wheaton-Haveoperates a community is limited to white members and their swimming pod, use of which white guests. Under Wheat bylaws, a person residing within a (geographic preference area, unlike one living outside that ala, needs no endorsement for membership from a current member; receives priority (if the membership is full) over all but those who have first options; and (if an selling for vendee. his can on hia) house) convey a fir$t option membership Petitioners the Presses, a Negro couple who bought a home in the! preference area from a nonmember, and were denied mem- berehip. for racial reasons; a white couple, members of Wheaton-Havewhjijjegro guest was refused admission to the pool for racial Reasons; and the guest brought suit for declaratory and injeuve relief under the Civil Rights Acts of 1866, 1870, and 1964,'jJj&.U. S. C. 1982, 1981, and 2000a et seq. The District CoUttgFanted respondents motion for summary judgment. The Court of Appeals affirmed, holding that, because Wheatofi-Have- n membership rights could not be leased or transferred, the case was distinguishable from y Sullivan v. Little Hunting Park, Inc., 1982 unavailable to the Presses, and 396 U. S. 229, making a priCourt that Wheaton-Haven-wagreeing with the District vate club within the meaning of 42 U. S. C. 2000a (e), and therefore implied an exception to 1982. Held: Hit Nationwide Post Card Vote n) on-Hav- owner-memb- er n, as racially discriminatory membership policy vio1982. The preferences for membership in lates 42 U. S. C. Wheaton-Have- n gave valuable property rights to white residents in the .. preference area that were not available to the Presses, and this case is therefore not significantly distinguishable from Sullivan, is not a private club within the meaning 2. Wheaton-Have- n of 2000a (e), since membership, until the association reaches its full complement, is open to every white person within the geographic area, there being no selective element other than is thus not even race Sullivan, supra, at 236. Wheaton-Have- n. arguably exempt by virtue of 2000a (e) from 1982 or 1981. 1. . Pp Respondents 6-- 9. 451 F. 2d 1211, reversed and remanded. Buckmun, J., delivered the opinion for Dpgi cf fQ f fiUln I Court. t f - The (UPI) has charged Justice Department that a proposed nationwide post card voter registration system contains serious fraud potential. At the same time, the Census Bureau which would run the new system if it became law rejected the idea on grounds it would taint the bureau with politics. Spokesmen for the two agencies testified, March 16, as the Senate post office and civil service committee ended hearings on legislation sponsored by Chairman Gale W. that would make tMcGee, registering to vote for federal elections as simple as filling out a WASHINGTON post edrd. We i are not convinced that post card registration of voters will result in a substantial increase of either registrations, , or more7 importantly, voter participation," said Marcy C. Lawton, deputy assistant attorney general In our view,' (the bill), at least in its present form, poses substantial legal difficulties. We fear also that it am tains serious fraud potential.. Under McGees bill, post card voter registrationforms would be delivered to each of the nations 64 million households. Each eligible voter would just fill them out and mail them back to local election . officials. a unanimous I liwgIOU ; Miss Lawton' itoid countless ineligible person might be added to voter rolls by the |