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Show Serials Order Department University of Utah QkllZ City.. ' . VOLUME 17, NUMBER 174 SALT LAKE CITY, UTAH Ninth Court Circuit San Francisco State Does Not Have to Rehire Teacher Since the president of the college (S. I. Hayakawa) and the chancellor of the system (Glenn S. Dumke) had both reviewed the ouster by Hayakawa of a faculty member who led strikes at the school considerable weight must be given to their interpretation." The Ninth Circuit Court of Appeals therefore reversed a district court order to reinstate the teacher because the College fairly and substantial complied with its own regulations." Appellee had been a leader of the faculty union and of the faculty strike at San Francisco State during 1968, 1969 and 1970. Hayakawa was president of the college and openly hostile towards strike leaders. Before the 1969-7-0 school year began, Hayakawa told appellee that 1970-7- 1 would be his last year at the school but indicated that his decision was not final. He did not change his mind however, and overruled the dean of the School of Humanities, the department chairman, and the department tenure, committee by reaffirming his decision to terminate appellee. A grievance committee voted four to one to ask Hayakawa to reevaluate his decision. Since wily two members specifically asked him to retain appellee and the rest merely wanted review, he reviewed and fired appellee again. Dumke reviewed' the' decision, but did not disturb it. Appellees lawsuit resulted in an order to reinstate him with back pay, but the appellate court reversed, giving short shrift to appeallates contentions that he was fired, for political beliefs and uniwi activities. Since the college had complied with its regulations fairly and substantially and had not impunged appellees honesty or integrity by its decision, their decision should stand. Appellees First Amendment claims were not discussed since he had failed to raise them in the administrative process. Jablon v. Trustees of the California State Colleges, USCA 9th, Aug. 9, 1973, per Choy, J. (jjm) 73-148- 5, Illegitimate Child Can Get Social Security Payment t When a deceased man could not cohabit with mother of his unborn illegitimate child because of welfare regulations, but is found to have treated it as his own in a state paternity action, the child is entitled to childs survivor insurance benefits under the Social Security Act. The Ninth Circuit Court of Appeals therefore reversed a decision of the district court which had upheld the denial of those benefits by the Secretary of Health, Education, and Welfare. Appellant was the mother and guardian of her infant son, on whose behalf she made application for the benefits. The Appeals Council and the trial examiner both recommended denial because, despite a finding of paternity in a California civil action, the deceased man had never lived with appellant. He was not yet divorced and county. welfare regulations would have forfeited her welfare payments had he been found cohabiting in her home. The appellants district court action to review the secretary's subsequent denial was met by a summary judgment for The ad- ministrator. The appellate panel reversed, finding that the administrative apparatus had incorrectly applied California law respecting the legimation of children. Hie Social Security Act looks to state law on this issue and as long as the child is legitimate under California law, the claim should be allowed. Although admitting that decedent had publicly acknowledged the child as his own, the administrators had denied relief because of his failure to receive it into his family. Citing recent California Cases as well as the federal case of Rodriguez v. Rodriguez, the panel held that considering the circumstances (since decedent did not want to violate the welfare rules), he had legitimated his unborn son under California law by admitting his parentage. Moreno v. Richardson, USCA 9th, Aug. 21, 1973, per Thompson, j. (sitting by designation), (jjm' Supreme Court Decisions Prepared by the Legal Staff of Title Insurance and Trust Company RECORD PRIORITY. COMMENCEMENT OF WORK. AND SURETY BOND By Marc S. Hurwitz Associate Counsel Hie mechanics lien claim has to be filed in the office of the recorder of the county in which the real property or some part thereof is located. The claim will then have a priority over any deed of trust, Two Lawmakers Assail New York mortgage, lien, Drug Statute WASHINGTON (UPI)-Ub- eral Democratic Reps. Bella Abzug and Charles Rangel of New York have--predicted failure to Gov. Nelson Rockefeller's tough new drug law. A third New York Democrat, Rep. Lester Wolff, said however that lough laws are a deterrent in the He added that the drug war. Rockefeller law locking up pushers for life did not reach organized crime. "The easiest thing in the world to say is put the rascals in jail'," Rangel told a news conference, September 7. Its a dramatic play (by Rockefeller) to the fears of the people." Ms. Abzug labeled the law a grandstand play by Gov, Rockefeller" and said it would fail because we dont have the courts or the judges." She also criticized the portion of the law forbidding plea bargaining by arrested pushers. This was traditionally the method of getting the little guy who got arrested on the street to tell who the big guy was, Abzug said. Now its gone and we aren't going to get the big guy. New York is going to learn it may increase the drug problem because it is more difficult to get the source," she said. Wolff said it was a little early to pass judgment on the law which went into effect the first of the month. I do think tough drug laws are a deterent as one element of a total picture," he said. But this law does not reach organized crime." Hellawell Named To Be Columbia Law Vice Dean - NEW YORK (ACCN) Prof. Robert Hellawell has been appointed Vice Dean of the Columbia University school of law, it has been announced by Dean Michael I. Sovem. Dean Sovern commented that Prof. Hellawell is a brilliant teacher. He is also balanced, unflappable, and tireless in short, a man obviously doomed to spend a part of his life in administration. I am delighted by his willingness to help. 19. 1973 TITLE TIPS a 9, Considerable less push is evident in corporate offices these days about tasking pleas to Washington to protect American business by lintiting imports. The tables nave turned. A move is now afoot to protect American business by limiting exports, because of the scarcities in goods and materials. But there arent any indications the Administration will give in to business requests to limit exports. Massive foreign buying in American products and goods is what the Administration wants. Reason: To improve the balanced-payments now in a serious deficit. WEDNESDAY. SEPTEMBER , or other enat- cumbrance which may have tached to the land subsequent to the time of commencement of the building or work of improvement. There is also a priority as to any deed of trust, mortgage, lien, or other encumbrance which was unrecorded at the time the building or work .of improvement was commenced and of which the lien claimant had no notice. Hie discussion relies heavily on the time of commencement of work. If a title company discovers any of the following just prior to recordation of the deed' of trust or mortgage it will normally treat this as evidence the work has already been commenced: building materials or Juveniles Tell Jail Treatment To Senate Body - WASHINGTON (UPI) "They just threw me into a cage with a bunch of drunks," a blond teenager named Kenneth nervously told a Senate subcommittee. "I was scared." Kenneth, about 12 at the time and a runaway, remembered how one of He was a big guy" the drunks tried to assault him. First I ran and tried to get away told the from him," the juvenile delinquency subcommittee. started screaming. The jailer eventually came and took me Then I out. Lyn, a slight, Midwestern girl of 14, told of similar experiences in jail, beginning at age 12. The longest was 17 days, she recalled of her life in jails and various detention homes. Most of the time, we just sat around and put puzzles together. No one came to talk to us, to help us with our problems. Frequently, Lyn said, she was put into jails cells with adult offenders, many of them prostitutes. "They told us ways not to get caught," she said. Both of the youngsters were accompanied to the September 10 hearing by Rosemary C. Sarri, codirector of the National Assessment of Juvenile Corrections, a project run by the University of Michigan to combat juvenile delinquency. Lyn, who has been in 26 jails and detention centers on various drug offenses, said in Detroit she was given only two meals a day. In one jail she was given nothing for 2' hours, she said. m equipment deposited if designated fa use on the property; foundation stakes; test holes dug; load of dirt deposited; removal of trees, shrubs, or weeds; elec tire line run by con- tractor or water meters set; preliminary landscaping; in- stallation of sprinkling systems; and demolition of fences, retaining walls, or old buildings. It is noted that according , to California Civil Code section 3143, If the owner of property, or the owner of an interest therein, sought to be charged with a claim of lien, or any original contractor or subcontractor disputes the correctness or validity of any claim of lien, he may record in the office of the county recorder in which such claim ' of lien was recorded, either before or after the commencement of an action to enforce such claim of lien, a bond executed by a corporation authorized to issle surety bonds tn the State of California, in a penal times the amount sum equal to of the claim or 144 times the amount allocated in the'daim of lien to the parcel or parcels of real property sought to be released, which bond shall be conditioned fra the payment of any sum which the claimant may recover on the claim. together with his costs of suit in the action, if he recovers therein. Upon the recor ; ding of such bond the real property described in such bond is released from the lien and from any action brought to foreclose such lien. The principal upon such bond may be either the owner of the property or the owner of any interest therein, or 1-- -- any original contractor, subcontractor,, or affected by such claim of lien. In title practice, the importance of this rode section is well noted. For example, the effect of a generali contractors recording of the bond1 discussed above, to dismiss a mechanics lien pursuant to this section, can actually free the real property from the effect of a disputed claim. (Frank curran Lumber Co. v. Eleven Co. (1969) 76 Cal. Rptr. 753', 271 C.A. 2d 175). Massachusetts Judge to Give Clark Lecture SAN FRANCISCO ustice Paul (ACCN) -J- Reardon of the Court for the Judicial Supreme Commonwealth of Massachusetts and former president of the National Center for State Courts, will deliver the first annual Justice Tom C. Clark Lecture at the 1973 conference of the American Judges Association, at Boston, Mass., October 22, Judge Joseph A. Zingales of Bedford, Ohio, AJA President, has announced. The Justice Tom C. Clark Lecture was established by the American Judges Association in recognition of the contribution of Justice Clark, U.S. Supreme Court (ret.) for the improvement of the administration of justice C. |