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Show j, j - r ; r - jV university rttn robrrt -' Vli c,,iVr VOLUME 1 .. . v a- - .Jy AM loi"!;, I ..I u V 1J ' "!.- - SALT' LAKE CITY, UTAH n( NUMBER 1:8. Against Dope Top Men Urged A law professor, federal a under grant, has working civil the that legal weapon proposed of injunction be used to drive criminal syndicates out of heroin DALLAS (UPU Sm details past 4 trafficking. Criminal statutes concerned with trafficking in heroin need to be supplemented with a more flexible system of civil law controls," Prof. William J. Flittie of Southern Methodist University said, June 26. The criminal law almost never, can be made to reach through to the top of organized big crime's multitiered and very secretive chains of command. Those at the top could be reached, however, through equity, by far the most powerful branch of our law, long used to prevent business monopolies and restraints Independent Unit for FBI Records Urged CALIF. (UPI)- -A Columbia University computer specialist wants . an independent agency to take over the FBI's tasks of keeping national crime statistics and personal criminal histories. of trade. Alan Westin told a Stanford The central part of an emergency conference that such an agency, civil drug control law which Flittie governed by a board of public has drafted under a grant from the members as well as representatives Justice Department's Institute of of law .enforcement, could then Law Enforcement and Legal watch over civil liberties needs as Justice, is to declare subject to inwell as those of law enforcement. junction conspiracies to sell and Noting computers can send in- deliver heroia formation nationwide with efThose who disobeyed such decrees ficiency and speed, Westin said would be subject to heavy financial records of arrests of persons not forfeitures, plus added restraints of convicted should not be circulated intensity." unless the information's impact on increasing Flittie said he believes syndicate the individual is considered. bosses would react as businessmen by abandoning a product that threatens status, fortunes and Community Work Columbia Law Course Topic NEW. YORK (ACCN)-W- hen abandoned brownstones in Brooklyn had to be identified and evaluated for potential rehabilitation, a Columbia University law student surveyed the neighborhood. When a community organization in Harlem wanted to open a supermarket, a law student conducted a market feasibility study. When tenants of a rental apartment building in Manhattan wanted to convert it to a tenant cooperative, a student researched and drafted the necessary documents. The three students were among 15 in a new course at the Columbia University School of Law a course so successful in its first experimental year that it will be a Conservaitive Face in RfilosS 1972-7-3 Moms Cey By Chariot! Moulton WASHINGTON (UPI)-T- he 1972-7- 3 Lewis F. Powell, Jr. and WilliamTI. s Rehnquist voted together in of the 160 or so cases the court heard. This was the first term to feel the full weight of their combined two-third- influence Next ABA President Says He Hopes Dean since Powell and not did on the bench come Rehnquist until the previous term was well under way. Is 'Purged' From Bar BOSTON (UPI) -- Chesterfield of the president-elec- t American Bar Association; said former White House Counsel John W. Dean III is unworthy of being a lawyer," because of Dean's statements at the Senate Watergate hearing, ' I hope he is purged from our profession." said Smith, a Florida who becomes president of attorney SEATTLE (UP1) Washington the ABA jn August. States colleges and universities can He said he believes the public is continue to charge entitled to hear his (Deans) students higher tuition fees, a three-judg- e immunity partial story" despite federal court ruled June Smith, Approve Higher Students Fees . For Outstaters out-of-sta- te here, from prosecution! "It certainly seems clear to me. however, from what he himself has said, that he is unworthy of being a lawyer." Smith said. 20. The court decision was in response to nonresident students challenge of state laws which allow the fee differences. U.S. District Court Judge Walter McGovern, who wrote the majority opinion, said the additional fees for nonresident students are justifiable because they would not have contributed taxes to the state. Resident students attendance, however, is subsidized by the states taxpayers, McGovern noted. The dissenting opinion by retired U.S. District Court Judge William G. East of Oregon termed the dif2-t- Court Declares Lawyer at Pix ID Not Vital WASHINGTON (UPI)-T- he Supreme Court mled, June 21, that ferential fees discriminatory" an accused person does not have the new right to have a lawyer present when against what he called witnesses to a crime are shown resident students." photos to aid in identifying a criminal. The 3 decision reversed a 4 Lawyers Disciplined ruling of the U.S. Court of Appeals for the District of Columbia which Court New By had overturned the 1968 conviction Jersey of a man accused of a bank holdup. i l!P h TRENTON The New One day before the trial, the Court State Jersey .Supreme prosecutor and an FBI agent showed two 26. for three witnesses five color disbarred, June lawyers criminal conduct in an insurance photographs, including one of the criminals." Personal fortunes, including concealed assets, of those put under injunction would be forfeited if injunctions were disobeyed. &-- 6-- Despite t In keeping with the conservative view that federal courts should not take too much power away ' from the states, the Burger group brought about, a sweeping new legal approach to obscenity, moved to cut down the flow of legislative reapportionment cases and refused to interfere with the funding of state public school systems. Supreme Court term ended in June with President Nixon's four appointees firmly in control, although they did not always vote the way he might have liked. Chief Justice Warren E. Burger and Justices Harry A Blackmun, organizations. The law Flittie proposed would provide that: Clear and convincing standards of civil law proof, rather than beyond a reasonable doubt" standards of criminal law proof could be used. Cases would be tried before federal judges with life tenures, who,, Flittie believes. Probably make up the only class of persons in this country capable consistently of facing down both the blandishments and the threats of really big time threats to community organizations posed by cutbacks in federal funds, the program has been assured a' future, says its director, next of part years Hugh Price. He supervised the part-tim- e regular curriculum. field work and taught the yearStudents learned about com-- , long course and will do it again munity development work, both in beginning in September. Through tire classroom and firsthand in the some of their expansion plans will be the field, in the new "Clinical Seminar curtailed, community in Community Development Cor- development organizations emporations" a program in keeping ploying Columbia students will with current trends at Columbia and continue to be funded through other other law schools to involve students federal agencies, Mr. Price said. in actual legal work. The Columbia program was Most programs concentrate on funded during its first year by the student participation in the handling Ford Foundation and the Council for of court cases in environmental and Legal Education and Professional consumer protection. The new Responsibility, as well as Columbia. Cblumbia program is the first to Ford has renewed its initial support focus on all aspects of community for the students salaries in the next development and rehabilitation in academic year. Columbia will conjunction with a structured course assume the full cost of Prices salary on campus. as teacher and administrator. MONDAY, JULY 9, 1973 upreme Court Wore Injunction Use Supreme Court Decisions STANFORD, .r . defendant for identification without fraud. The lawers. Jay J. Toplitl and Joseph I). Marcus, both of Essex County, pleaded guilty to conspiracy charges in an alleged scheme to obtain money through false claims of injuries in auto accidents. The court also reprimanded two ' side in close votes. n or a In this way, a five-ma- n majority emerged on many criminal and other cases wherein ar. individual was challenging government action of some kind. The only major issue on which a realignment developed was public aid to parochial schools. Powell and six-ma- Blackmun joined the Douglas-Brennan-Marsha- wing to ll vote against use of the taxpayers' money for tuition reimbursements, tax credits andmaintenanceand repair payments. Nixon had committed himself to parochial school aid, particularly in the form of federal tax credits. Two significant cases had to clear votes because a the Court on not be mustered could majority when Powell disqualified himself. A fie upholds the court below but does not set a legal precedent. Because of the Supreme Courts inability to move from dead center, it had to leave for another day the issue of merging black inner city schools with those adjacent white" counties. A lower court decision Mocking such a merger in Richr mond. Va.. was affirmed by that tie. Environmentalists won the second tie vole, which upheld an order barring degraduation of air which is now clean even though a certain amount of pollution would be permissible under federal standards. But all cases were not decided by dosie votes. For instance, in an opinion by Blackmun the court ruled that most state laws were an unconstitutional invasion of privacy. While allowing a certain measure of state regulation, the opinion permitted an abortion at any stage of pregnancy if the health of the mother so indicates. Nixon had forbidden abortions' in military hospitals located where state law also forbade them. 4-l- anti-aborti- -2 p. other lawyers. Attorney Monroe Ackerman of Essex County was reprimanded for, allegedly failing to tell a client that his complaint in a divorce case had been dismissed. Attorney Thomas R. Biggio of Cumberland was County to for failing pursue an reprimanded auto accident injury claim on behalf of a client. the defendant's lawyer being present. The Supreme Court previously has ruled that a defendant's lawyer must be present during a physical line-uJustice Harry A. Blackmun said in the June 21, majority opinion that no possibility arises that the accused might be misled by his lack of familiarity with the law or overpowered by his professional ad' versary." We are not persuaded that the risks inherent in the use of photographic displays are so pernicious that an extraordinary system of safeguards is required, These and numerous other decisions drew dissents from Justices William 0. Douglas, William J. Brennan, Jr., and Thurgood Marshall. They consistently voted on the side of individual liberties during the tenure of Chief Justice Earl Warren, who retired in 1969. In the series of obscenity cases, the trio was joined in dissent by Justice Potter Stewart; in the school financing case by Justice Byron R. White, but these two swing men Court Warren the from often than more White particularly not came down on the conservative . Blackmun commented. In dissent, Justice William J. Brennan Jr. said the decision marks simply another step towards the complete evisceration of the fundamental constitutional principle established by the Court in a series of 1967 rulings dealing with the rights of defendants in criminal trials. Justices William 0. Douglas and Thurgood Marshall joined Brennan in die dissent. . |