Wake Forest University Jurist [Spring/Summer 1992]

32 Pages·1992·3.4 MB·English

by  Wake Forest University.

JURIST
WAKE
FOREST
Spring/Summer 1992
Volume 22 No. 2
111
CONTENTS
BOARD OF EDITORS
VOLUME NUMBER SPRING/SUMMER
Editor-in-Chief 22, 2 1992
Aimee N. Richardson
Photography Editor
“Law School and Law Practice
Mary F. Balthasar
A Quality of Life Update”
Law School News Editor
Karen E. Each DEAN’S COLUMN
1
Alumni News and Class Notes Editor
Rita M. Sampson EDITOR’S PAGE
3
STAFF WRITERS
FEATURE STORIES
Haywood Barnes
Jocelyn M. Burns Lawyers at the Breaking Point:
Lanee Borsman The Bar Association Takes a Look 4
John R. Green, Jr.
Bruce M. Jacobs Law School in Retrospect.
. .
Paula R. Jordan
Ann W. Maddox Some Views from the Class of ’92 5
Michael J. McCormick LAW SCHOOL NEWS
Elizabeth A. B. McMorrow
C. Gant Redmon. Ill A.E. Dick Howard:
Paula A. Steinhilber
Mark Teague “The Changing Face of the US Supreme Court” 8
ABA
STAFF PHOTOGRAPHERS President Discusses
Harold “Chip" D. Holmes, Jr. “The Challenge of Civil Justice Reform” 9
Toni L. Sessoms
Have Environmental Laws Become too Intrusive on
Kirby H. Smith. Ill
the Rights of Property Owners? 10
ADVISOR
Law Review Hosts Financial Institutions Symposium 12
Linda J. Michalski
A Wake Forest Success Story:
ADMINISTRATIVE ASSISTANT
“Fixing the World Through Student Funded Fellowship” 13
Noel H. Sugg
Law Students Stay in Shape 14
PRINTING
Levin Wins Zeliff Competition 14
Wooten Printing Company, Inc.
National Trial Team Ranked Among Top Eight in the Nation ... 15
Clinic Students Argue Before US Court of Military Appeals .... 16
Moot Court Teams Enjoy Successful Year 17
Annual BLSA Banquet: “Students Stepping into Tomorrow” .... 18
1992 Excellence in Teaching Award: Professor Ralph Peeples ... 19
Walker Accepts Chair at Naval War College 20
Construction Update: Worrell Professional Center 21
STATEMENTOF ALUMNI NEWS
PURPOSEAND POLICY
TheWakeForestJuristispublishedtwiceyearlybythe Billings Reflects on Term as NCBA President 22
WmaaiknepFuorrpeossteSicshtoooilnofforLmatwheoffrWieankdesaFnodreasltumUnniivoefrstihtey.LaItws Alumnus to Serve as ’92-'93 NCBA President 23
School about activities and events ofinterestat the Law
Scho->1 ofrecentimportantdecisionsbythecourtsofNorth Linking Wake Forest to the Community 24
Caroina andotherjurisdictions, and newsoftheachieve-
ment'andactivitiesoffellowalumni InthiswaytheJurist Decades of Service—The Retirement of James E. Sizemore ... .24
-c-isinprosideaserviceandameaningfullinkbetweenthe
SchoolofLawanditsalumni.Also,themagazineshallpro- CLASS NOTES 26
videalorumforthecreativetalentsofstudents,facultyand
Oitp'ianliuomnnsieaxnpdreasnseodppaonrdtunpiotsiytifoonrsleagdavlocwartietidnghebryeitnheamr.e CONTINUING LEGAL EDUCATION FALL SCHEDULE 28
thoseoftheauthor,anddonotrepresentofficialpolicyof
theAlSlchriogohlLsoftoLraewp.roductionofanymaterial printedinthe LIST OF 1992 GRADUATES Inside Back
Jurist arc reserved to the magazine. Permission for the
agdraapnttaetdioinnowrfitthiengcofnrteonmttlhoerEadniytoort-hienr-pCuhbilcifc.ationmustbe Cover Photos: Graduatingstudentsand theirfamiliesparticipate in Hoodingand Commencementexercises
on May 17th and 18th. (Photos by David Rosen).
COLUMN
DEAN’S
both the North Carolina State Bar and the
North Carolina Bar Association. These
talksfocusonwhatitmeanstobeaprofes-
sional and the nature of the practice, in-
cludingpressuresassociatedwith it. From
orientation, eachstudentis assignedafac-
ulty advisor and a student group leader.
Knowingthatanenteringlawstudentcan
absorb just so much in the first week of
classes, we wait until October to hold a
mandatory hour-long panel presentation
thataddresses quality oflife issues both in
law school and in the profession. As the
year goes on, many law students use the
services ofthe University counseling cen-
ter and participate in programs presented
by NorthCarolina lawyerson such related
issues as alcohol and drug abuse in the
profession. During the spring semester of
1991, thefacultyheldaseminarwithapsy-
chologist who had counseled law students
to discuss how law school teaching might
affectboththe positive and negative stress
that law students experience.
To help students form realistic expecta-
tionsconcerningtheprofession, ourplace-
ment office presents annual programs by
lawyersdiscussingdifferentkindsofprac-
Dean Robert K. Walsh tices, e.g., large firm versus sole practi-
tioneror small firm, public versus private
practice, and practice in small communi-
T
he Wake Forest School of Law com- in conclusions and recommendations ad- ties versus large cities.
munity has been deeply involved in dressed to the various institutions making Certainly, an important message of the
the significantworkofthe North Carolina up ourprofessional community, including Quality ofLife Task Force study was that
Bar Association Quality of Life Task the law schools. One ofthe prime recom- lawyershaveahighersenseofaccomplish-
Force. The task force has been chaired by mendationstolawschoolsfromthesurvey ment ifthey lookon their career as a pro-
two prominent alumni, Larry Sitton and wastohelpstudentsfromtheoutsetinfor- fession serving people, ratherthan simply
Leary Davis, andhas hadamemberofthe mulating realistic expectations about the asatradepilingupbillablehours. Ourstu-
facultyonitthroughoutitsendeavors, first practiceoflaw. The survey concludedthat dentsareinvolvedinagreatnumberofpro
SuzanneReynoldsandnowTomRoberts. I the factor that most affected an attorney’s bonoactivitiesthatfosterthisview. Asare-
am particularly pleased that the editors of sense of well-being was the gap between centconcreteexample,astudentinournew
theJuristhavechosentheworkoftheQual- expectations and reality. “Attorneys who LegalClinicfortheElderlyrecentlyrepre-
ity of Life Task Force as a focus in this can control their aspirations and expecta- sented an elderly widow who was in poor
issue. tions so that the gap between aspirations health, lived alone, and was pressured for
The survey conducted by the task force and achievements is large enough to be several hours by a home solicitor to buy a
was thoroughandansweredby a very sub- motivating but not large enough to be dis- vacuum cleaner for $1,200. After negotia-
stantial portion of the bar of North Car- couraging can attain higher levels ofwork tions failed, the student filed suit and re-
olina. After initial review of survey and life satisfaction.” coveredthe full amount forthe client. The
responses, the deans of the five North In recentyears at our law school, as the student reported to the clinic director a
Carolina law schools were invited to a re- very first events in what has become a great feeling ofpersonal satisfaction from
treat sponsored by the task force. Several multi-day orientation program, entering this work.
days ofdiscussions at the retreat resulted studentsarewelcomedbythepresidentsof An issue strongly related to a lawyer’s
Wake Forest Jurist Spring/Summer 1992
1
DEAN’S COLUMN
qualin oflife is civilit\ and professional- and professionalism. The very first pro- portantly, family relationships. Two years
ism between lawyers. Hopefully, in their gram discussed whether Rule 11 sanctions ago.webeganwhatwebelieveisaverysig-
presentations and as role models, the law should be a first or last resort in dealing nificant annual event in the life ofour law
faeultN impressupon WakeForeststudents withopposingcounsel. The Mastersofthe school: Wake Forest Law School Family
thattheadversarials\stemdoesnotrequire Bench of this new inn are wonderful role Day. Thisisaday-longorientationandpic-
a good lawyer to be obnoxious to properly models forourstudents. The inn is appro- nic held very early in the first-year oflaw
representelients. Hostilitybetweenoppos- priately named for the late Chief Justice school to involve parents, spouses, chil-
ing lawyers was eited in the survey as an Joseph Branch. dren, and other family members in under-
important factor leading to stress and dis- Many of you have probably read Scott standingthedemandsoflawschool Mock
.
satisfaction with the practice of law. The Turow’srecentbestseller. BurdenofProof. classesandmootcourtargumentsareheld.
Bar. Bench, andLaw School LiaisonCom- Theprotagonist, trial lawyer Sandy Stern, Faculty and upper-class students discuss
mittee ofthe North Carolina Bar Associa- discovers at the opening of the novel that law school life.
tion.which1havethehonorofchairingthis hiswifeof31 yearshascommittedsuicide. Our law school’s involvement with the
>ear. has just conducted a survey ofboth Towardtheendofthebook.Sterndiscovers QualityofLifeTaskForceisongoing. Fol-
state and federaljudges in North Carolina thattherootcauseofthesuicidetookplace lowing the final report ofthe task force, it
with respect to ideas for fostering civility while he was litigating in Kansas City. wasoneofthesubjectsoflastyear’sfaculty
and professionalism, including the law There follows a poignant passage: retreat. Professor Tom Roberts ofthe fac-
schools' role. This is the subject ofan on- “This drama, all of the play, trans- ulty heads the subcommittee of the task
going project ofthe State Bar. the Bar As- piredentirelyoutofhispresence. He force with respect to law schools. At a re-
sociation. and thefivelawschoolsthrough roamed offstage in Kansas City. In cent meeting ofthe Bar, Bench, and Law
theannualdeans' roundtable. Itwillproba- thearmsofhisownjealousmistress, SchoolsCommittee, heaskedthateachlaw
bly be the subject ofa future Jurist dean’s absorbed intherolehelikedbest, he school appoint someone on the faculty as
column. had managed to miss the signal that law school’s liaison to the task force.
Oneconcretesuggestion inthisareathat events ofhis lifetime.” He has also asked each law school to draft
recently was implemented at Wake Forest We musttell ourstudents nottomiss the aninventoryofqualityoflifeprogramsand
was theestablishmentofa local chapterof signal events of their lifetimes. To my policies to exchange with the other four
the American Inns ofCourt. Our inn was knowledge, thesurveyresultswerethefirst law schools, so that there can be cross-
formed by five prominent alumni, and to contain analyses of factors indirectly pollinationofideas. AssociateDeanMiles
brings together monthly prominentjudges relatingtocareersatisfaction. NorthCaro- Foy is our liaison with the Quality ofLife
and lawyers from the immediate area with lina’s study included the effect ofpersonal Task Force. We are developing further re-
20 ofour third-year law students. The inn factors, such as exercise and health, hob- sponses tothe taskforce report. We solicit
hosts programs concerning trial practice bies and recreational activities, and. im- your suggestions.
Wake Forest Jurist Spring/Summer 1992
EDITOR’S PAGE
and the practice of law. In his column.
Dean Walsh addresses how Wake Forest
preparesitsstudentstoleadwell-balanced
professionalandpersonallives. WakeFor-
estProfessorThomasE. Roberts, member
ofthe NCBA Quality ofLife Task Force/
Committee, explainsthescopeofthequal-
ity of life issue and reveals some of the
more surprising results of the survey. Fi-
nally, Karen Eady allows agroupofthird-
yearstudentsanopportunity to reveal how
the law school experience has affected
them. Iencourageyoutoreadeachofthese
informative articles, and hope they will
broadenyourperspectiveonqualityoflife
issues.
On a personal note, I want to thank the
dependable staffofTlieJurist, Noel Sugg,
andLindaMichalski fortheirtimeandpa-
tience inmaking this a successfulpublica-
photobyRichardson tion. I also welcome next year’s editors:
Third-yearstaffwriters: (from left) Jocie Burns, John Green, andPaula Steinhilber. Toni Sessoms (Editor-in-Chief), Chip
Holmes and Adrian Lapas (Photography
A Co-editors), Paula Jordan (Law School
s Karen Eady points out in her arti- The committee report was published News Editor), Mike McCormick (Alumni
cle, “Law School in Retrospect. June 1991. But we at TheJurist wanted to News Editor), and Susan Hudson (Class
. .
Some Views from the Class of’92,” many explore this issue further, and educate our Notes Editor). I look forward to reading
students feel that law school has exposed readers about quality oflife in law school The Jurist next fall as an alumnus!
themtoacynical, negativesideofthe legal
professionandoflife.Thestudentswhoex-
pressed their thoughts on law school want
to convince others that law school has
changedonlyoneaspectoftheirpersonal-
ity. These students urge that they can re-
main individuals despite the law school
experience. Their views are commonly
shared,butthatubiquitouspressureonstu-
dents to exist and thrive even though they
have been to law school may be cause for
concern.
Logically, ifstudentscomplainaboutthe
damaging effects of legal education, then
lawyers complain about the negative con-
sequences of practicing law. The North
CarolinaBarAssociation (NCBA) tookup
law students’ and lawyers’ concerns when
they established the Quality of Life Task
Force (presently a committee). This com-
mittee’s goal was to survey, study, and
make findings and recommendations
regarding dissatisfaction in the legal Boardofeditors: (from left) Mary Balthasar, Aimee Richardson, Rita Sampson, and
profession. Karen Eady.
Wake Forest Jurist Spring/Summer 1992
3
FEATURE
STORIES
Lawyers at the Breaking Point:
The Bar Association Takes a Look
T
alcs of lawyer dissatisfaction appear to dissatisfaction. (1) There is not enough
frequenth in legal magazines and time. Thetyrannyofthetimesheettakesits
journals. Lawyerscomplainthey areover- toll, and an over-commitment of hours
worked and under-appreciated. Many are devoted to work results. The survey re-
stress victims, and some are “stress car- vealedthat,afteracertainthresholdismet,
riers."The) havebeencalledthe“loneliest themorehoursoneworks,theworseoffone
people." Conferences speak of lawyers is intermsofbothjoband lifesatisfaction.
being "at the breaking point.”1 Is lawyer Loss ofcontrol on thejob and lackofbal-
dissatisfaction really that high or is it a ance in life haveamajordebilitatingeffect
myth?Doesadiminishingqualityoflifefor onone’ssenseofwellbeing. (2)Profession-
lawvers translate into a diminution in the alism and civility aredeclining. Commer-
quality ofservice rendered to clients? Do cialization, competition, and urbanization
thosewhoseektojointheprofessionknow are some ofthe main culprits influencing
what is in store for them? this. The resulting loss of collegiality is
How' bad off are lawyers? Like life in Professor Thomas E. Roberts destructive to one’s sense of well being.
general, law' practice is difficult. Stress is (3) For younger lawyers, there is a lack
a problem common in American society, of clarity regarding responsibilities and
and the legal profession is no exception. from all segments of the bar across the expectations. There is a sense that senior
But are lawyers worse off than others? state: large firms and small firms, small lawyer mentoring of newer lawyers has
Somenotethatthedemandsofpracticeare towns and metropolitan areas, the bench diminished, and that there is insufficient
not new. that stress has always been there, and law schools. After two years of work feedback to associates. (4) Lawyers lack
and that one must learn to cope with the under Sitton’s leadership, the task force, publicesteem. Whileitisgoodtobeableto
pressure. There is a suspicion that even in having issued a report and recommenda- laughatoneself, and while lawyersproba-
the past, lawyers, their families, and their tions, wasconvertedtoastandingcommit- blyenjoylawyer-jokesasmuchaseveryone
clients have suffered the consequences of tee in June, 1991, by Bar Association else, there is a downside message in those
the inability to deal with the demands of President Rhoda Billings, ’66. The com- jokes. Much ofwhat we do is notpopular,
practice. Perhapsthesematterswentunno- mittee is chaired by Campbell University and some public resentment is inevitable.
ticedorweresweptundertherug. Regard- law school professor Leary Davis, ’67. Maintainingone’sselfesteemcanbehardif
lessofhow itwasinthepast, today there is The Quality of Life Task Force con- thepublicdoesnotholdwhatyoudoinhigh
moreopenness indiscussingqualityoflife ducted an in-depth survey of career and regard. (5)Therealityoflawpracticeoften
issues. Undeniably, many ofthe problems overall life satisfaction of North Carolina does not match the expectations new en-
are new because the face of practice is lawyers. Some ofthe more sobering find- trants had as bright-eyed, eager law stu-
changing. We are besieged by cries ofthe ings include thefactthat24 percentwould dents. Yearsago weblamedthison “Perry
adverse effects of commercialization, ur- notbecomeattorneysiftheyhaditall todo Mason,” andtoday “L.A. Law.”
banization. competition, and specializa- over, almost one-half (46 percent) do not Lawyers need to know what works. The
tion. Most frequently, we lament the wish to remain in practice for the balance survey revealed that factors positively
growing lack ofprofessionalism. of their working life; roughly 10 percent affecting satisfaction include the opportu-
Recognizing that the ultimate victims of report serious psychological or physical nities for growth and the intellectual chal-
professional discontent are clients and the health problems; and one-quarter report lengeofthe law, helpingpeopleandtaking
public, theNorthCarolinaBarAssociation fairly regular symptoms of depression. responsibility forthewelfareofclients,job
decided the time had come to formally While 81 percent are satisfied with their autonomy, a sense ofbalance and realistic
studythe matterandcalledupontwoWake life ingeneral, otherprofessionsgenerally expectations, good relationships with col-
Forest alumni to head its efforts. In July, report higher overall satisfaction. In sum, leagues, and a healthy lifestyle. Financial
1989, Bar Association President Larry compared to lawyers elsewhere, the Task security is an important component of
McDevittasked Larry Sitton, ’64, tochair Force found that North Carolina lawyers well-being, but undue focus on money as
a Quality of Life Task Force to study the are no better off, and no worse off, than the goal ofpractice has a negativecorrela-
causes and degree of lawyer dissatisfac- lawyers around the country. tionwithasatisfyingcareerandlife. Asin-
tion. Membersofthetaskforceweredrawn A number offactors were found to lead come rises, theoverall senseofwell-being
Wake Forest Jurist Spring/Summer 1992
4
FEATURE STORIES
decreases. This is most likely attributable as time expectations and mentoring pro- to secure sound representation of cli-
totheneedto workexcessive hourstopro- grams. In addition, model policies are in ents. Poorly organized, depressed, ill-
duce the higher income. the works dealing with parental leave, al- motivated, orover-workedlawyerscannot
TheQualityofLifeCommittee isnowat ternativeorreduced-loadworkschedules, perform as they should. The objective of
work with other organizations in the state sexual harassment, and protectedvacation thecommitteeandthebarassociation isto
developing programs to help lawyers re- timefortriallawyers. Despitetheevidence seethatawarenessoftheseissuesincreases
spond to the problems revealed in the sur- that the workplace environment is deteri- amonglawyersandthatprogramsofassis-
vey. A comprehensive statewide lawyer orating and that this hurts lawyers, law tance become available for the benefit of
effectivenessprogramtomakeconfidential firms, and clients, for some, worrying the profession and the public.
counseling available on a broad range of aboutthequalityoflifeoflawyersisaquix-
problems affecting job performance has otic search akin to Ponce de Leon's search By Thomas E. Roberts*
been recommended. The committee is for the fountain of youth. The mission,
presentlyatworkformulatingthedetailsof however, is not impossible. Many of the
how such aprogram might work. The five problemsareavoidableiftimely andprop- Endnotes
law schools in the state are working with erly addressed. *ProfessorofLaw.WakeForestUniversitySchoolof
the committee to increase student aware- For others, “quality oflife’’ discussions Lawand memberoftheQualityofLifeCommittee.
nessofqualityoflifeissuesandtofosterin evoke an image of a touchy-feely enter-
students realistic expectations of what prise, fullofpsychobabble, andoutsidethe 1 Thisphraseisborrowedfromthereportofacon-
practice is like. The committee is also at bailiwickofreallawyers. Theeffortsofthe ferencebythatnameconductedbytheAmericanBar
Association Young Lawyers Division in April 1991:
work encouraging law firms to develop bar, however, are directed at bottom-line "At the Breaking Point: The Emerging Crisis inthe
statements that alert interviewing students concernsaboutefficientandwisebusiness QualityofLawyers'HealthandLives—ItsImpacton
tothefirm'sculture intermsofsuchthings operations and lifestyle choices designed Law Firmsand Client Services.”
Law
School in Retrospect.
. .
Some Views from the Class of ’92
R
ecently, severalgraduatingthird-year purely out of meanness. Thus, in that re-
law students were questioned about gard, it was more than what I expected.’’
their various perspectives on their law Additionally, accordingtoArmstrong, law
school experience. Has law school schoolissupposedtoteachstudentshowto
changeditsstudents’ generalattitudesafter administerjustice. He came to law school
being inthisforeignenvironmentforthree under the false beliefthat “the people ad-
years? Was law school whatthe third-year ministering justice would be just them-
students expected upon entering law selves. Iheldthemtoahigherstandard,but
school? Has Wake Forest thoroughly pre- since I have been here, I have learned that
pared its law students to enter the legal the people who are administering justice
profession? And, what was the mostbene- areoftengoingtobeunjustintheprocess.”
ficial course taken at Wake Forest? Kimber Cramer stated that “law school
was a lot more than what I expected.
Everyone was on the ball. I thought it
Was law schoolallthatyou expectedit wouldbelikeacontinuationofcollege, but
to be andin what ways was itdifferent? theworkneverended. I really didn'tknow
Accordingtomoststudents,theycameto what to expect.” Likewise, Mark Wilson
law school expecting it to be hard and not expressed that he had no real expectations
the same as undergraduate school. Doug of what law school would be like after
Armstrongstatedthat“hecouldnotantici- being in the Army. He figured it would be
pate law school enough. I knew there hardworkand itwas. However, during his
wouldbecompetition,butIneverexpected firstyearhefoundthat law school fostered
squirreling of books. Someone stole my photobyRichardson alotof“unhealthy competitionbecauseof
braille notes when the thief, more than Graduating student Mark Wilson therecognitionamongmanythatclassrank
likely, could not read braille. It was done is important in the real world.”
Wake Forest Jurist Spring/Summer 1992
5
FEATURE STORIES
tomy investment. However, Ifoundittobe
more like the law ofdiminishing returns.
The more money I put into it, the further I
found myself away from that $80000-a-
,
yearjob. BythetimeIgottomythirdyear,
I found it was too late to turn back.”
EricaCopen found lawschool tobe “to-
tally different from anything experienced
inherpast. Ihadheardhorrorstoriesabout
law school because I had worked for the
New Hampshire Bar Association before
coming to law school. Yet I found myself
enjoying it thanks to Wake Forest faculty
whoweresosupportive. Initially,Isawlaw
schoolasthelongestthreeyearsofmy life,
butintheend,lookingback, itwasactually
the fastest three years ofmy life. In addi-
tion, the work was not as hard as I ex-
pected. It was a series of challenges, but
onceIgottothethresholdofeach itwasn’t
photobyRichardson that bad.” Copen further articulated that
Graduating 3Ls: (from left) Stefani Lacour, Glenda Wheeler, and Rita Sampson. she spoke with Wake Forest alums before
coming to Wake Forest in order to gain
more insightas towhattoexpect from law
JaneJohnson expressed, “I'vebeen dis- terested in their personal gain. The stu- school. Based on the enthusiasm of the
appointed with the people in the law dents did not seem to want to help anyone alums, she felt Wake would be a good
school. SomearenotasethicalasIthought but themselves.” choice. Overall, Copen has enjoyed her
they would be. The profession seems un- AccordingtoRitaSampson, “Iexpected three-year stay at Wake.
ethical." Similarly, Stacey Burks stated law school to be apolitically diverse insti-
that she expected “the honorcouncil to be tution where there would be plenty of fo- Do youfeel as though Wake has thor-
more in tunewithwhat'sgoingon and less rums for an exchange of ideas. Instead, I oughly prepared you to enter the legal
likelytoletpeopleoff. Theyshouldhavean foundpeopleencouragingmetofollowthe profession?
on-going investigation committee. The patterns that had been laid out. I expected Accordingtomost,WakeForesthaspre-
councilwasuselessandineffective.” Burks a return on my investment, proportionate pared them just as well as any other law
expected the honor council to be just as
thorough as most undergraduate honor
councils, however, this expectation went
unfulfilled.
Rose Miller “expected law school to be
more interactive than it was. It was truly
something you do as an individual. It was
likeyouagainstyourneighbor. Lawschool
promotes a selfish approach to learning—
that surprised me. I did not expect it to be
that way. There is so much attention fo-
cused on how you personally are doing as
opposedtothegroup. I don'tlikethe rank-
ingsystemforthatreason; it’sanegativein-
fluence on sharing. It merely makes law
school an extremely competitive environ-
ment." Theselfishattitudesofthestudents
wasfeltby morethanjustMiller. Burksex-
pected “the people to be more aware of
their public duties as lawyers and less in- Graduating law studentsprocess down the quad.
Wake Forest Jurist Spring/Summer 1992
6
FEATURE STORIES
school. However, most noted that special
emphasis should be placed on the thor-
oughness ofthe Legal Research and Writ-
ing program offered at Wake Forest. This
program has helped more than any other
course since it is considered one of the
most practical courses offered in the law
school. Armstrong believes that “Wake is
far ahead ofother law schools with regard
to its writing program.”
Similarly, Wilsonexpressedthathefeels
as prepared as he could be in terms ofac-
tual practice. The attitudes that develop
about levels of preparedness to enter the
legal profession change over time. First
yearitisgood, butsecondandthirdyearit
is a little bit different. According to Wil-
son, “[t]herealworldisalotdifferentthan
law school, more demanding. But I feel photobyRichardson
prepared to handle it. Wake’s a good ProfessorDebbie Parker, director ofthe legal research and writingprogram, with
school.” Likewise, Miller explained that Leila Rassekh.
thanks to Wake’s writing program she got
ajobafterherfirstyearthathasturnedinto those who took their practical writing and student. I now find that I look beyond the
apermanentpositionupongraduation. She clinicexperiencesintothereal world, Wil- surface ofthings even more than before I
thanked Professor Susan Montaquila for sonsoonlearnedthattheacademiccontent camehere. Ilookatwhat’sholdingupwhat
helping her enhance her writing skills. ofcivil procedure was extremely useful in people say. I’m more questioning.”
the real world. Cramer expressed “I’ve grown up and
learned a lot about myself. People mature
Which class, ifany, doyoufeelwasthe Has law schoolchangedyourperspec- atdifferent times in theirlives and I did so
mostbeneficialin preparingyou to enter tives on life in general, or are you the in law school. Law school helped me re-
the real world? same person you were when you started gainmyperspectiveonwhat’simportantin
The general consensus was that Legal thisprocess threeyears ago? life. It’snot importantwhereaperiodgoes
ResearchandWritingalongwiththeClinic There was a consensus that law school in a cite.”
Program were the most valuable courses tendstomakeonemorecynicalthanhewas Ofthethird-yearstudentswhowerecon-
offeredatWakeForest. Thesecoursesdeal before entering this institution of higher tacted, all enjoyed their experiences at
withpracticalaspectsofthelawasopposed learning. According to Armstrong, “I’m Wake Forest, and learned from each and
to mere theory propounded in the class- thesameperson, butIhaveamore cynical every experience. None left Wake Forest
room. AccordingtoCopen, “myclinicex- outlook on life. Where I have always been bitter about coming here. They merely
periencealongwithmyjudicialexternship a positive person, I’m quicker to point out wereenlightenedtodifferentaspectsofthe
gave me anopportunity to see how the law the negative now.” legal community that may persist as they
works in the courtroom. I learned from According to Miller, “I am the same. I continue in the legal profession, such as
both the good and the bad lawyers. Ifyou have learned not to let law school restrict unethical attorneys, squirreling ofmateri-
apply yourselfin those programs, you can my level ofcreativity. Law school tends to als, selfishness, and cynicism. They all,
learn so much.” restrictcreativityandthat'snotthewaythe however, gained the invaluable experience
According to Wilson, Civil Procedure, world is. Often creativity is the one ele- of Legal Research and Writing, which is
Criminal Procedure, and Evidence which ment that makes you or breaks you, espe- one ofthe most relevant courses taught at
he studiedunder ProfessorRhoda Billings cially ifyou’re going to be a trial attorney. Wake Forest. I wish my classmates much
were the most valuable courses he took Thuslawschoolhasnotchangedmeinthat success as they enter the real world, and I
while at Wake Forest. Wilson stated that respect.” Conversely, Wilson has found amsurethatalotoftheirattitudes, inretro-
“Billingswasmostbeneficialbecauseshe’s that law school has changed "the way I spect, maychangeevenmoreafteranother
an outstanding teacher. I used what she thinkaboutthingswhich inaway isagood three years in the legal profession.
taught me right away my first summer at a change. I’ve learned to think like a lawyer
—
firm in Greensboro. I knew immediately ifthat’sgood. I'mnosmarterorbetteras By Karen E. Eady, a third-year student
how to write a complaint.” Thus, unlike ahumanbeing,butIdoknowmoreasalaw from Chesapeake, VA.
Wake Forest Jurist Spring/Summer 1992
7
LAW SCHOOL NEWS
A.E. Dick Howard:
“The Changing Face of the US Supreme Court”
ofthis emergence is that there hasn't been
a clear majority on the Supreme Court
since the Warren court. This shift began
during the Reagan administration. But the
turning point wasn’t until Justice Brennan
stepped down, as Brennan was seen as the
last field marshal for the liberals on the
Court.
Wecanlookforwardtoshifts inphiloso-
phy and principles in six different ways.
First, theRehnquistcourtisexpectedtobe
more deferential in reviewing conditions
regarding federal programs and money.
SupportcomesfromRustv. Sullivan, 111 S.
Ct. 1759, 114 L. Ed. 2d 233 (1991), where
the Court upheld prohibitions by federal
administratorsondoctorsreceivingTitleX
funds underthe Public Health Service Act
from engaging in abortion counseling as a
method offamily planning.
photobyHolmes Second,theCourtwillbelessconcerned
ProfessorA.E. Dick Howard about drawn-out cases to encourage final-
ity to litigation. As aresult, habeascorpus
will be less accessible. For example, the
Standing room only was available in the hehelpeddraftanewstateconstitution. He Court has already displayed rising impa-
courtroomjustminutesbeforeDeanWalsh has assisted with constitutional reform in tience with capital punishment cases.
introduced Professor Dick Howard to BrazilandEasternEurope. Forthelastfew Third,therewillbeaninterestinfederal-
speak on the changing face of the United UnitedStatesSupremeCourtnominations, ism, leaning toward the states. The Court
States Supreme Court. The topic seemed he has been the PBS commentator. Re- has decided recently that it will not read a
particularly relevant, just days after the cently hereturned from HongKongwhere federalstatutetointerferewithabasicstate
CourtannounceditwouldruleonPennsyl- the basic law defining the relationship be- function unless Congress makes its inten-
vania's restrictive abortion law. tween Hong Kong and China after 1997 is tion of applying the Constitution unmis-
Howard is recognized as one ofthe na- being written. takably clear. The Court will therefore
tion'sforemostconstitutionallawscholars. Howard holds a special place in the presume that a federal statute does not
In 1977hewasappointedtheWhite Burkett hearts of three members of the faculty at apply to the states. A few days ago the
MillerProfessorofLawandPublicAffairs Wake Forest. Professors David Logan and Courtmade iteasierforstatestogetoutof
attheUniversityofVirginiaSchoolofLaw. Miles Foy had classes with Howard. Pro- consent decrees.
Prior to this appointment, he was a fellow fessor George Walker has studied under Therewill be moreleeway forboth state
oftheWoodrow Wilson International Cen- Howard and been a fellow researcher. andfederalgovernmentofficialstodotheir
ter for Scholars in Washington, D.C. He Howard is also the godfather of one of jobs. ThetendencyoftheWarrencourtwas
also was a United States Supreme Court Professor Walker’s children. to distrust public officials. The Warren
lawclerkforJusticeHugoBlack. Professor The last year can be seen as one of the courtassumedthatifsomebodywasgrant-
Howard holds a B.A. from Richmond, an “defining moments” in the history of the ed power, agoodchance existed that he or
LL.B. from Virginia, a M.A. from Ox- United States Supreme Court. According she would abuse it. The Rehnquist court
ford, an LL.D. from James Madison, and to Howard, what we are witnessing now is will be more lenient. In a recent prison
an LL.D. from Richmond. the emergence of a working Rehnquist rights case, the Court ruled it would not
Howardservesasacounselortothegov- court, a court expected to be both conser- find an Eighth Amendment violation un-
ernorofVirginia, andduring the seventies vative and controversial. The significance lessprisonofficialsdemonstrateda“delib-
Wake Forest Jurist Spring/Summer 1992
8