SCHOOL OF LAW / TEXAS TECH UNIVERSITY
VOL.
IV,
NUMBER
SEPTEMBER
1972
Tech Moot Court Team Wins
First Place In State Meet
Sullivan, Hartt,
Moudy Vanquish
Baylor in Finals
STATE MOOT COURT WINNERS-looking over their winning brief, the members of the 1972 State Junior Bar Moot Court
Competition championship team from Texas Tech University law School discuss their victory. In the final round of arguments,
held before eight justices of the Texas Supreme Court during the State Bar Convention in Houston, the Tech team defeated
Baylor for the title. Members of the team were (left to right) Grover Hartt III, of Dallas, Max Moudy, of Stamford, and Frank
Sul!.Ly'anl!1_ofJort 'lYgrth, who authored the winning brief.
Law Review Adds
18 New Members
PROF. RICHARD W. HEMINGWAY
By TOM DUREN
Law Review Business Manager
The Texas Tech Law Review has extended candidacy invitations to the eighteen highest ranking students in the 19711972 first year class.
Selected for candidacy on the basis of
Hemingway Honored
As New Horn Prof
Professor Richard W. Hemingway was
one of four Texas Tech University professors honored by the University's Board
of Regents in August by being named
Horn Professors.
The professorships were established in
1966 and named to honor Texas Tech's
first president, Paul Whitfield Horn.
Eligibility is based on attainment of
national and regional distinction for
outstanding teaching, research or other
creative achievement. Professor Hemingway is the second Law School professor
to have been named a Horn Professor.
Professor George Neff Stevens was so
honored by the Board of Regents in 1970,
while he was a law professor at Texas
Tech.
Professor Hemingway was engaged in
private practice and was on the faculties
of the University of Houston and Baylor
University schools of law before joining
the Texas Tech faculty in 1969. He also
served as a visiting associate professor of
law at Southern Methodist University for
three years and received his LL.B. degree
at SMU, graduating magna cum laude,
1955.
From that year until 1960 he was in
private practice with the Houston law
firm of Fulbright, Crooker, Freeman,
Bates and Jaworski. He then joined the
University of Houston law faculty.
Shortly after joining the Tech law
faculty, Hemingway received his LL. M.
degree from the University of Michigan
School of Law where he held a graduate
fellowship.
Texas editor of the "Oil and Gas Reporter", Hemingway has written extensively for professional journals and is
a recognized expert in the area of oil and
gas law. He is the author of a recently
published textbook, The Law of Oil and
Gas, published as part of West Publishing Company's widely used "Hornbook"
series of legal texts. The book, dealing
with U.S. law, was the first one-volume
text on basic oil and gas law published
in more than a decade and was the first
textbook produced by a member of the
Texas Tech School of Law faculty since
the school opened in 1967.
Hemingway was appointed this past
summer to a state study committee on
(Continued on Page 4)
superior academic performance during
their first year of law school were Rodney Acker, Bill Allensworth, John Capps,
Ginger Cochran, Edward Edson, Lee
Haag, John Huffaker, Morgan Jones,
Gerald Keith, Kelly O'Connor, Ted
Painter, David Pittard, Kenneth Senn,
Susan Walker, Don Wills, Larry Wood,
William D. Wright, and William R.
Wright.
The invitations were extended in midJune. Since that time the candadates have
been writing case notes under the supervision of the Law Review staff. In order
to become a member of the staff a candidate must produce a publishable case
note.
Heading the Law Review staff since
May have been Don Coll ier, editor-inchief; Arliss Champlin, managing editor;
Cody Wales, lead articles editor; Tom
Duren, business manager; Dan Peck, case
notes editor; Annett Marple, comments
editor; Steve Anderton, citations editor;
and Charles Hurd, topics editor.
The staff also includes Kip Boyd,
Hardy Burk, Karl Clifford, Ralph Edwards, Thad Floyd, Steve Hines, Vince
Imbordino,
Chris
Inabnett,
Lowell
Lasley, John Sears, and Burgess Wade.
The most recent edition of the Review
was distributed to subscribers in September. The edition includes leading
articles by Professors Maurice Kirk,
Robert Davidow, and Martin Frey.
Kirk's article deals with legal drafting,
Davidow's with the Texas peace bond,
and Frey's with the federal food stamp
program.
Any student wish ing to purchase the
latest edition can do so in the Law
Review office. The office is located on
the main floor of the library. Complete
sets, volumes I-III, are also available for
purchase.
By LARRY GLAZNER
Dictum Staff
Texas Tech University's Moot Court
Team triumphed over the University of
Texas and Baylor law schools in the final
rounds of arguments to take the state
title and traveling trophy in Texas Moot
Court competition the past summer. Tech
carried away other honors by also winning the best brief award. Moot court
team members Grover Hartt and James
Max Moudy presented the oral arguments at the competition. Frank W. Sullivan, the third member of the team
wrote the winning brief.
The team competed nine times in
round robin eliminations in taking the
title. In the first round of arguments the
Tech trio met the University of Texas,
the University of Houston, Texas Southern University, St. Mary's University,
Southern Methodist University, Baylor
University, and the South Texas School
of Law. Tech won four of seven oral
arguments during the first round, and
the excellence of the team's br ief provided the point advantage to move them
into the semi-final round against the
University of Texas. The Tech team
beat Texas in both oral argument and
brief categories, and moved into the fi nal
round of the competition against Baylor,
a team to whom they had lost during the
first round.
The final arguments were made by
Tech and Baylor before eight justices of
the Texas Supreme Court at the Shamrock Hilton Hotel in Houston. A large
audience of attorneys witnessed the proceedings. In a split decision, Baylor took
the edge on the oral presentation, but
Tech, based on a combination of its oral
score and superior brief score, won the
title.
This was Tech's fifth year to enter the
competition but its initial time to cop
first place honors. The law school's prior
participation included two disappointing
near misses. Last fall, Tech ranked second
in the regional round of the National
Moot Court Competition and won the
right to represent the law school in the
national finals in New York. Four years
ago, the moot court team narrowly
missed reaching the State competition
finals by only a fraction of a point.
In an interview discussing the victory,
Max Moudy, speaking for the team,
stated that "One of the most personal
satisfactions is that we feel like we have
contributed something to the law school
and have helped in enhancing the moot
court program at Tech."
Moudy would encourage students to
enter the moot court program. He explained that "just the experience of arguing legal points and answering questions before a (moot) court is invaluable." When asked what it was like
to argue before justices of the Texas
Supreme Court, Moudy stated that "They
ask some very penetrating questions.
They are fair, but one must be perfectly
prepared to argue a case successfully
before that court."
Moudy revealed that the team had
prepared for the competition throughout
most of the preceding spring semester.
The trio received their opponents' briefs
two weeks before the contest. They
(Continued on Page 4)
DICTUM SEPTEMBER 1 9 7 2
PAGE 2
Editorial
Dean Richard B. Amandes was appointed in July by Governor Preston Smith to
the National Conference of Commissioners on Uniform State Laws which met in August prior to the annual meeting of the American Bar Associatio~ in San Francisco.
The Conference is a national organization of state commissioners appointed by the
gove~no~s of the states, the District of Columbia, and Puerto Rico to promote uniformity In. state law. The comissioners participate in drafting specific acts, then work to
secure their enactment by the various state legislatures so that uniformity in the law can
be achieved.
Since its inception in 1892 the conference has drafted over 200 uniform laws on a
variety of subjects and in various fields of law, many of which have been widely enacted
by the states. Probably the greatest single achievement of the Conference has been the
enactment of the Uniform Commercial Code.
The Conference has 210 commissioners in the United States, five of whom are
from Texas. Dean Amandes will hold a three year term with the Conference.
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~ewly organi.zed colony of the Phi Delta Phi professional legal fraternity has
been ~fflclallY recognIzed by that international organization with the granting of the
~olon~ s. charter. ~~e W.arren Inn, as the local unit will be officially called, was granted
The.
Its official recognItIOn m May by the 102 year old parent organization. Plans are in
the works for formal presentation of the charter to the Inn by representatives of the
international office in the fall.
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Lubbock Country Club was the May 11 site of the third annual Texas Tech Law
School Honors and Awards Banquet, which attracted the largest-yet turnout of students
professors, wives and special guests. The evening was highlighted by the presentation of
awards and by Co~!C skits presented by the graduating seniors and by the faculty.
Among those recelvmg awards at the event. Phi Alpha Delta Outstanding Law Professor Award-Glen W. Shellhaas, for classroom teaching excellence. George W. and
Sarah H. Dupree Award-Robert Baker, as best exemplifying the qualities desired in
one soon to join the legal profession. Nelson, McCleskey, Harriger & Brazill AwardGerald Smith, for outstanding service during the year to the Student Bar Association
a~d. the .law scho~l. McWhorter, Cobb & Johnson Award-B. Newal Squyres, Jr., for
distIngUIshed service to the law school as editor-in-chief of the Law Review. National
Order ~f Barr~st~rs--G. Michael DeGeurin, Grover Hartt III, and Michael E. South,
for havmg exhibited excellence and for attaining high honors in appellate advocacy and
moot court. Geary, Brice, Barron & Stahl First Year Moot Court Award-Charles O.
Grigson and Donald V. Wills, for winning top honors in the first year moot court compet~tion . F~r~m (Honorary Scholastic Organization)--Robert Baker, Joe Hayes, James
Wnght, PhillIp Wylie and Newal Squyres, Jr., as graduating students whose cumulative grades ranked them in the top 10% of their class. Highest Scholastic Average
Award-Newal Squyres, Jr., for the highest academic average over a three-year period.
PAD Awards for Outstanding Members--Squyres and Kip Boyd, for outstanding service
to th~ law school and to the fraternity. Delta Theta Phi Awards--John Mann, as Outstandmg Delt; Frank Sull ivan, for service within the fraternity; Johnny Actkinson, Supreme Sen~te Awar~;. J a~es Wright, as Outstanding Delt Scholar; Lubbock attorney
J. Q. Warnick, for distIngUIshed service to the fraternity as an alumnus. American Trial
Lawyers Env.ironmental Law Essay Award-John B. Noble, for submitting the best
essa~ on environmental law. South Plains Trial Lawyers Trial Advocacy Award-W.
t.Iollls W~bb, Jr. and Donald E. Williams, for outstanding accomplishments in the
fleld o~ ~nal advocacy: ~BA Outstanding Secretary Award--Mrs. Sandy McDonald, in
recog~ltIon .for her efflc.lent help in the operation of the law school. Other highlights of
the dmn~r I.ncluded Phi Alpha Delta's conferring of honorary membership on United
Stat~s .Dlst~lct Judge, Halbert O. Woodward, and the presentation of recognition awards
to dlstmgulshed members of the Law Review, Moot Court Board and Student Bar Association.
. The Victor H. Lindsey Senate of the Delta Theta Phi legal fraternity initiated
nmeteen new members into its organization last spring. The Senate also elected new
officers for this year. New initiates are Bob B1inderman, Phil Campbell, David Cobb,
Tom Edmonds, Jim Gill, Dave Holliday, Richard Husen, Jimmy Inzer, Bill Noelke;
Wayne Reaud, Kenneth Senn, Garry Smith, Steve Wren, Mitch Davenport Warren
Goss, Vince Imbordino, Buddy Rake, Roland Saul, and Tom Schueller.
'
Officers for the 1972-73 school year are. Hank Anderson, Dean; Joe Crawford,
Vice-Dean; Richard Mock, Clerk of the Rolls; Norman Lubke, Clerk of the Exchequer;
Joe Thigpen, Bailiff; Frank Sullivan, Master of the Ritual; and Johnny Actkinson,
Tribune.
Frank S~lIivan, Pete Kyle and Ken Larson were named presidents of the third,
second and first year law classes, respectively, in class elections held in mid-September. Joe Crawford (3L), J. B. Whittenburg (2L) and John W. (Bill) Barnett (lL) were
elected class vice presidents.
~lass represen~atives elected to the Board of Governors of the SBA were Johnny
Ac~kmson and AnIta Ashton, 3Ls, William Wright and Michael Manning, 2Ls, and
Phil Johnson and John Sample, lLs.
Elected as class representatives to the Student-Faculty Committee were Vince Imbordino and John Sears, 3Ls, Cliff Preslar and Pat Bond, 2Ls, and Linda Youngkin
and John Nance, 1Ls.
Thirty-~ine
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Texas Tech Law School graduates have been "sweating-the-bar" all
summer untIl the results were announced by the State Board of Law Examiners on Sep!ember 10. The 39 Tech alumni were among 754 persons named by the Board as havmg passed !he June Bar. Ron.ald Schmidt led the Tech delegation in scoring an 88 while
the delegatIOn average was lIsted as 80. 1. The top scores were posted by the University of Texas graduates with scores of 91.25 and 90. Baylor and SMU tied for third place
with a score of 89.75.
Formal swearing-in ceremonies before the Texas Supreme Court are set for September 25, in Austin.
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Robert Don Collier of Friona heads the senior class in standing based on cumulative grade averages through two years of work. Collier also led his class in standing
for the 1971-72 school year, narrowly edging Elgin E. Conner of Plainview in both
rankings.
Susan D. Walker of Lubbock was the first-ranking student in last year's freshman
class, and carries this standing into the second year.
Among the 1972 graduates, Newal Squyres of Denver City had the highest cumulative average for the three years of law school. John Skogland of Houston topped that
class for the third year of work .
Lanny Voss, third year student from Odessa, and Don Wills, 21, from Richardson
will serve as president and vice-president, respectively, of the Student Bar Associatio~
during 1972-73, as a result of elections held late in the spring semester.
Elected to other SBA offices were Virginia Cochran, 2L from Odessa, secretary;
Tom Schueller, 3L from Wichita Falls, treasurer; John Westhoff, 2L from Lubbock,
ABA-LSD representative; Art Lara, 3L from Amarillo, chief justice of the Judicial
Council; and Max Moudy, 3L from Stamford, and Rick Danna 2L from Dallas associate justices of the Judicial Council.
"
In Defense
Of Dictuln
By KERRY ARMSTRONG, Editor-in-chief and
REED QUILLIAM. Faculty Advisor
We have heard rumors that a motion will be made at an early SBA Board meeting
this fall to discontinue use of SBA funds toward publication of Dictum. In light of
!hese rumors, we would ask you to consider for a moment the evidence and arguments
m favor of keeping D ictum alive as a partially-SBA-funded project.
Perhaps the best place to start is with a brief analysis of what Dictum costs the
students of the law school. The newspaper is published three times each academic
year, publication costs for one issue being borne by the law school and costs for two
issues by the SBA. Based on past experience, the total cost to the SBA for its share
of the funding should run about $320 this year, or less than 70 cents for each SBA
member. Does D ictum, then, serve any purposes which justify an expenditure of 70
cents per smdent per year?
Let us review, briefly, some of the things that D ictum is.... some of the functions . it seeks to perform. First, and importantly we think, Dictum records the history
of thiS law school. In existence since the school was less than one year old, the newsp~per has sought to preserve a record of the events and the people, students and faculty
alIke, that have been an important part in the development of the school from its infancy to its progressively improving stature as one of the leading law schools in the
southwestern United States. D ictum strives to provide a permanent record for persons
who have served the school through achievement in academics, competition (e.g. Moot
Court), elective service, or in other ways, and a permanent record for all of old friends
and events that were much a part of their three years here.
A second goal of Dictum is to provide information to persons within the law
school. ... students, faculty and staff. ... information not generally available to them
from other sources. Obviously, with only three publication dates each year Dictum
cannot hope to publish only the most current news and information. But within its
limitations it does not seek to broadly inform the law school community of the imminence of forthcoming events and the outcome of past ones, of changes in policies and
personnel, of opportunities for participation in law school activities, and of any other
matters deemed to be of reasonably broad interest.
Finally, D ictum seeks to perform a function for the Texas Tech University School
of Law and its students in the area of public relations. with the school's alumni; with the
le~al profession (and particularly with the legal profession as potential employers of
thiS school's graduates); with outstanding undergraduates who are potential students at
!he law school; and with the community at large. Only about half of the copies of each
Issue of the D ictum are distributed in the law school. The other half are mailed to the
groups just mentioned, providing them with information about the law school, the caliber ~f people that .attend it and work in it, and their achievements. By way of example,
conSider past stones in Dictum concerning outstanding performances by this school's
graduates on state bar examinations, or the story in the current issue about Texas Tech's
championship Moot Court team. We believe that the dissemination of information such
as this on as broad a scale as practicable opens job opportunities to the students of this
school, encourages recruitment of promising undergraduates, builds alumni pride and
support, and creates a widespread favorable attitude toward the school by the legal
profession and by the public generally.
Befor.e closing, we would like to mention briefly a few things that Dictum is not,
nor ~oes It pUTPort to be. It of course does not purport to be a scholarly journal, a
functIOn capably performed by the Law Review. Nor does it attempt to deal journalistically with crucial and controversial issues of the day, except to occasionally report on
such issues as may be of substantial direct significance to the law school community or
!o the legal. profession, ~r to report on direct involvement of law students or faculty
In the solutIOn of those Issues. Perhaps there is a place in the law school scheme of
things for a publication presenting a balanced view of controversial social issues, but the
D ictum is not that vehicle and was never intended as such.
Dictum is not a professionally written or edited publication, and all of the work
in its publication is done within the law school on a volunteer basis. We learn some
things and have some fun putting it together. We hope that you do in reading it. And at
the same time we feel that we are, with your support, making a substantial contribution
to this law school and its continued progress.
Tech Law School To Host
SeptenIber Conferences
The Texas Tech University School of
Law will host two important conferences
on the campus September 30, including
a Securities Law Symposium to be held
at the Law School and a Conferece on
Court Modernization in Texas in the
auditorium of the Business Administration Building.
"Private Liabilities Under the Securities Laws" will be the subject of the Securities Law Symposium, with registration commencing at 8:30 a.m. at the Law
School. Area attorneys are invited to attend the symposium, where they will
hear talks by professors David Cummins,
Robert L. Jay and Hal M. Bateman, of
the faculty, and by practicing attorneys
Perry Scott of Dallas and Robert L.
C. Clarke of Houston. Registration fee
is $25.
Registration will begin at 9:00 a.m., at
the Business Administration Building
auditorium, for the Panhandle Citizens'
Conference on Court Modernization in
Texas, and all interested persons are invited to attend. Speakers and panelists
for the conference include: Robert W.
Calvert, chief justice, Joe R. Greenhill,
chief justice-elect, and Tom Reavley,
associate justice, all of the Texas Supreme Court; Truman E. Roberts, judge
of the Texas Court of Criminal Appeals;
Clarence A. Guittard, associate justice
of the Dallas Court of Civil Appeals;
L. DeWitt Hale, chairman of the Judiciary Committee of the Texas House
of Representatives; District Judges Robert C. Wright, of Lubbock, and Don M.
Dean, of Amarillo; and Russell Wheeler,
professor of government at Texas Tech.
Professor Eugene Smith of the Law
School is coordinator for the conference.
DICTUM is published periodically by
the Texas Tech School of Law in cooperation with the school's Student Bar Association. Views expressed by the editor, staff or
guest columnists do not necessarily reflect
the opinion of either the university or law
school administration or the Student Bar
Association. Composition for this publication is by Tech Press, Texas Tech University. University photos courtesy of Texas
Tech Information Office. The DICTUM will
not solicit advertising but will acept such if
it reasonably relates to the law school and
the legal profession. All tendered advertising
must be camera-ready.
Editor-in-Chief
Kerry Armstrong
Sports Editor .
David Posey
Photographers
Steve Guerra, Morgan
Jones, Pete Andres
Larry Glazner,
Staff
Mike Smith, Rusty Saunders,
and Tom Duren.
Faculty Advisor
W . Reed Quilliam
DICTUM-SEPTEMBER 1 9 7 2
PAGE 3
Prof. Jones Emphasizes Good Research
For The Law Student And Lawyer Alike
Shares Thoughts
On Bar Exams
And Law Profs.
By DAVID POSEY
Dictum Staff
When newly-appointed Dean Richard
B. Amandes began the important work of
selecting a faculty with which to open the
Texas Tech University School of Law,
the first person he selected was law Iibrarian and professor U. V. Jones, who
came to the law school in August, 1966,
a full year before it opened its doors.
Starting from scratch, Professor Jones
has been the dominant force in bui lding
a law school library which now contains
more
than
70,000
volumes,
and
which is well on its way to becoming one
of the major legal research libraries in the
southwest.
A native of Snyder, Oklahoma, Professor Jones earned his B.A. and LL.B.
degrees at Oklahoma University before
embarking upon a career that included
two terms as County Attorney of Kiowa
County, Ok lahoma, fifteen years of private law practice in Snyder, Oklahoma,
and three years as Assistant to the General Counsel for Anderson-Prichard Oil
Company in Oklahoma City. During
his years of private practice he served as
president of the Kowa County Bar Association.
In 1960 Professor Jones determ ined to
pursue his legal career as a law librarian
and teacher, and enrolled in the U niversity of Washington graduate program
in this area, earning his M aster of Law
Librarianship degree in 1962. During
this period he served as Reference Librarian in the University of Washington
Law Library, and was initiated into the
Beta Phi Mu honorary fraternity for law
librarians.
From 1962-1966 Professor J ones was
Law Librarian and Associate Professor of
Law at the Lamar School of Law of Emory University in Atlanta, and was president of the southeastern chapter of the
TEACHING AND LIBRARY ADMINISTRATION-Professor U. V. Jones pursues two jobs while working on the Texas Tech University School of law faculty, that of efficiently managing a law library of over 70,000 volumes and more than 560 periodicals, along with teaching classes in legal research and writing on how to use the law library profitably in the legal profession.
Professor Jones' multi-level modern library is a far cry from the original Texas Tech law library he started with when the law
school opened in 1967. The library was originally housed in an old wooden barrack located on the north side of the University
campus. The wooden floors of the temporary location had to be shored-up because they began to sag under the weight of the
rapidly expanding number of books he acquired in his goal to build an outstanding collection for use by the law school and
surrounding legal community.
American Association of Law Librarians.
At Tech J ones holds the position of Law
Librarian and Professor of Law, and is a
contributor to SlIppleme nt and Assignmen ts to Accompany Polla ck , F lI nda menta/s of Legal Research, Third Edition,
1967, 1970.
Looking back on his years of private
practice, J ones sees the role of an attorney in society as a highly influential
one. "A lawyer is asked his advice not
only on legal matters, but on political
questions and community matters as
well. It is almost impossible for h im to
Law Enrollment Up Again
As 400 Level Is Topped
By KERRY ARMSTRONG
Dictum Editor-in-chief
When the new Texas Tech University
School of Law opened its doors to the
first entering law class in 1967, it had a
total entering enrollment of some 82 students and six faculty members. The new
law school was temporarily located in a
few newly refurbished army surplus barracks situated on the north side of the
University campus.
Today the Tech law school is located
in a modern three million dollar plus
facility and the teaching faculty has
grown to 22 full time law professors.
This fall the entering first year enrollment will be more than double that of
1967, and the total enrollment of the
three classes will be more than five
times that of the original law school
registration figure.
The total enrollment for the 1972-73
academic year is 424. According to the
law school administration office, 132
students comprise the second year class
while 123 make up the third year class.
Forty-one students from the senior law
class are expected to complete their
Doctor of Jurisprudence degrees in December.
In addition to the returning law students, 169 students were accepted for the
1972-73 entering law class. Nearly 80% of
the new first year class are graduates of
Texas colleges and universities, with
Texas Tech University having the largest
repl'esentation of fifty students.
Twenty-nine new law students took
their undergraduate work at colleges and
universities outside the state of Texas.
Twenty-five different colleges in fourteen
states are represented by this group,
including colleges in Arizona, Connecticut, Illinois, Indiana, Kansas, Mich igan,
Minnesota, New Jersey, New Mexico,
New York, O h io, Tennessee and Virginia.
According to Mrs. Ann Burbridge,
law school registrar, seventy-six members of the new class are married, and
fifteen are women. This represents a
substantial increase in entering women
students at the law school over previous
years. The average age of the first year
class member is 22 .
Members of the first year class hold
undergraduate degrees from the following
Texas colleges and universities . Angelo
State, Abilene Christian College, Baylor,
Hardin-Simmons, Lamar, McMurry, Midwestern, North Texas, Pan American,
Texas A&M, Texas Christian, Southern
Methodist, Texas A&I, Texas Lutheran,
Stephen F. Austin, Texas Tech, University of Texas, UT at EI Paso, UT at Arlington, University of Dallas, University of Houston, Wayland Baptist, and
West Texas.
The largest representations in the
entering law class are Texas Tech, 50;
University of Texas, 28; Texas A&M,
and West Texas, 9 each; and Midwestern,
5. In the out of state catagory the University of Minnesota has the largest delegation, consisting of four new students.
Next year the entering first year class
enrollment is expected to make another
significant jump in size so that by 1975
the full 585-capacity of the law school
physical plant will be reached.
keep out of politics, at least in a small
or medi um-size town," he said. "People
expect an attorney to be a community
leader and to know what's going on in
the world and in the community, so he
must keep up with current events in
order to meet those expectations."
Bar Exam Serves Purpose
Professor J ones has opinions on many
of the issues pertaining to legal education.
He sees good arguments on both sides of
the quest ion of whether the bar examinat ion should be abolished. But he feels
that there is one point in favor of the
exam which overrides all the others: that
a bar examination forces the student to
thoroughly review the courses he has
had in law school. With his memory thus
refreshed the law student is better prepared to plunge into law practice.
He also believes that three years of
law school is the minimum that should
be required for graduation. "The third
year is the year the student matures."
Professor J ones also has a good word for
clinical programs in the law school but
wonders how these programs should be
handled so as not to encroach upon the
other valuable courses in the curriculum.
The best t hing for the student to do, he
feels, is to either be employed during the
summers in a good law firm or to associate with a large firm for a few years
before starting out on his own. Professor
Jones sees the clin ical programs as a possible partial substitute for these two
al ternati ves.
Professors Have Changed
The biggest change in the law schools
over the years has not been in the students. Professor J ones sees freshmen still
going around in a fog and third year
students itching to get out into the world.
The real change he sees is in the law
faculty. "Now the professors, who themselves have suffered as law students, try
to help the students part the fog, and the
sooner the student catches on the better.
For instance, today we have orientation
programs for freshman and there is more
personal contact between students and
faculty."
As to the role his course in legal research and writing p lays in a law school
education, Jones feels that if a student
thinks about it he realizes that he will be
doing research and writing throughout
his career. He says that his own experience and surveys of practicing attorneys
have shown that legal research and
writing is judged to be one of the most
useful courses offered in law school.
"However," he continues, "there was only
one time that I had 100% approval of my
course by students at the time they were
taking it. This was the one time I taught
it to second and third year students. A
number of those students told me that
this course helped them see what they
would be doing in law practice and
helped them raise their grades in their
other law school courses."
A Good Library
Professor Jones described his duties
as law librarian, and that of his staff, as
changing. The duties of the library staff
have until recently been mainly concerned with building a library collection.
Now that the library has a substantial
collection the emphasis has shifted to one
of serving the ever increasing numbers
of students and faculty. This has and will
continue to be accomplished, he says,
by increasing the size of the library staff,
by a policy of purchasing law books to
support the curriculum as it continues to
expand, and by providing the materials
necessary for in depth research.
Gifts Great Help
Professor Jones attributes much of the
success in building the library collection
to the donations of materials by the
estates of Texas attorneys, a number of
oil companies, and other contributors.
"We would not be where we are if it had
not been for donations."
Unfortunately, the usefulness of additional gifts of books to the library is
diminishing. The reason for this, says
J ones, is that most attorneys and companies in Texas have about the same sets
of books to give . This means that in order
to improve the quality of the library collection in the future, there will have to
be a greater reliance on the purchase of
materials.
Positions Open
On Dictum Staff
The Dictum is now taking applications
for positions on its staff. Positions which
are to be filled now consist of associate
editor, feature articles editor, and sports
editor. No classification, grade average,
or formal training is required. Previous
experience, journalistic skills and writing
ability will be considered, however.
Any student at the law school is encourage to submit original articles or to
write assigned articles for publication in
the Dictum. Photographs of law school
activities are also needed.
PAGE 4
DICTUM-SEPTEMBER 1 972
Sports Feature
Law Softball League
Scores a Home Run
By DAVID POSEY
Dictum Sports Editor
The everyday struggle with law books and lectures was interrupted at the law
school during the past summer by spirited competition on the softball diamonds of
Lubbock. A law school softball league was organized consisting of four teams made
up of law students and professors. Each team played a nine game schedule starting in
June and ending with double-headers on July 29.
The team coached by Buddy Rake, A-I, won the league championship when on
the last day of the season it copped both games in their double-header play. For some
unknown reason the teams never acquired names except the initial designation of A-I,
B-2, C-3, and D-4, and were usually referred to by the names of their coaches.
The final league standings were:
Team
Won Lost
%
Games Behind
A-I (Buddy Rake) .. ..... . . .. ... . ..... . 8
1
.889
B-2 (Danny Hill) ... . .................. 5
4
.556
3
D-4 (Rusty Saunders) ........... .. .. . .. 3
6
.333
5
C-3 (Mike Smith) ... . ....... . ... . .. . .. . 2
7
.222
6
The league was the result of promotional efforts of Rusty Saunders and Mike
Smith, and they have asked the Dictum to announce a number of awards eminating
from the season.
Outstanding Umpire Award
The outstanding umpire award goes to Lonnie "Judge" Obeiden for absolutely
refusing to make a decision unless and until there were no acceptable alternatives.
Runner-up for this award was Danny Hill for umpiring the last few innings at third
base from a prone position after having swallowed his chewing tobacco while umpiring
behind the plate. Honorable mention goes to Buddy Rake whose decision as to whether
a pitch was a strike or not had no relation to any known factor.
Linebacker of the Season A ward
This award is presented to Bob Vint for flattening both his own left fielder, Harry
Taves, and the opposing pitcher, Kerry Armstrong, during the same game. Runner-up
for this award was utility outfielder Hardy Burke, who managed to pummel opposing
third-sacker J. B. Whittenburg twice during the same play.
Coach of the Year Award
Buddy Rake was selected as the recipient of this award for his recruiting practices,
which produced no less than 50 to 60 complaints from opposing players and coaches,
all of which were without merit in Coach Rake's opinion. In this category there was
not even a close second.
Classic Play of the Year A ward
The classic play award goes to Larry Glazner and Roger Shipman for their titanic
collision in the outfield while attempting to field a fly ball, a result of which was to put
Glazner out for the season. When Glazner was asked to comment on the play he stated
that he personally thought the league's player casulty insurance coverage should be
beefed-up considerably.
One of the highlights of the season occurred when a dispute arose between the
law leaguers and the YMCA softballers over who had the right to use one of the diamonds. The people from the "Y" were demanding to see the oral contract between the
law league and the City of Lubbock. This controversy was partially settled however,
when a Lubbock policeman arrived at the scene. The officer, after listening to the arguments and checking with his headquarters declared that "this is a civil matter and I
don't have jurisdiction."
The policeman did, however, threaten to tow away a car which was double parked
nearby, which, incidently, belonged to the representative of the YMCA.
Hot Stove League Anticipated
After the double-headers there was a league party at the newly opened "FAT
DAWG", which is run by fellow law student Kenneth Senn. Many league participants
commented that they expect to spend considerable off-season time there rehashing
the 1972 season and making plans for the 1973 pennant race.
A league spokesman said that "special thanks should go out to the wives and
friends of the many players who turned out to watch and acted as official scorekeepers
for the games."
He further stated that he, "considered the league to have been a great success
because it seemed to be an effective vehicle in helping to breach the non-association
barrier that existed between the second and third year students and between the students
and the law faculty."
Moot Court-
(Continued from Page 1)
studied them intensely, trying to pick
apart their adversaries' arguments, and
practiced their oral presentations daily.
Prominent Lubbock attorneys, Moot
Court faculty advisor Robert L. Jay,
Associate Dean C. Tom Reese, and other
Law professors sat in on the team's practice sessions as "judges" and offered
constructive criticism and advice.
Dean Reese accompanied the Tech
group to Houston as advisor because
circumstances prevented Prof. Jay's attendance. Reese critiqued the team before
and after each argument and protected
the team's interests on procedural matters and questions on rules that arose
during the competition.
The State problem this year revolved
around an automobile accident in which
the injured plaintiff, Mary Paine, had
failed to fasten her seat belt. The defendant, the Benovelant Insurance Group,
was trying to prevent Paine's recovery
by raising the "seat belt defense." Included with the question of whether or
not such a defense exists were questions
on whether a party could impeach his
own witness, special issues, affirmative
defenses, evidence, and other issues. The
Tech team had to argue both sides of
the issues in different arguments during
the competition.
The team was chosen by the Moot
Court Board and its sponsors. Grover
Hartt III, a third year student who
competed at the National Competition
last fall, was the only veteran on the
team. He is the son of Mr. and Mrs.
Grover Hartt, J r., of Dallas. Frank W.
Sullivan III is the son of Mr. and Mrs.
Frank W. Sullivan of Fort Worth. James
May Moudy is the son of Mr. and Mrs.
J. I. Moudy of Stamford.
HEMINGWAY(Continued from Page 1)
vacancy statutes because of his interest
and expertise in the field of real property
law. He was one of only two law professors appointed to the committee by the
Texas Bar Association.
A lso a member of the American Bar
Association, Dallas Bar Association,
Order of Coif, Southwestern Law 10urnal
and Beta Gamma Sigma honorary business society, Hemingway was among a
group of Tech faculty members named
this year as "Outstanding Educators of
America."
New Assistant Law Dean
Explains Fuentes Ruling
A recent decision of the United States
Supreme Court will require changes in
the way a creditor in Texas can use the
law to repossess goods from a defaulting
purchaser.
That opinion was voiced by 10hn E.
Krahmer, associate professor of law
and newly appointed assistant dean of
the School of Law at Texas Tech University.
Under the law as it existed in most
states, including Texas, prior to the
Supreme Court decision, a creditor who
had sold goods "on time" under an installment contract could obtain a court
order allowing the sheriff to take such
goods from a defaulting purchaser without a hearing. If the taking was wrongful,
the purchaser was allowed to bring a
suit at a later time for any damages he
may have suffered, Prof. Krahmer said.
In the case of Fuentes V. Shevin,
however, the Supreme Court has held
that the purchaser's rights to due process
of law are violated if the order is issued
solely at the request of the creditor and
the purchaser is not given an opportunity
for a hearing to contest whether such an
order is proper on the facts of the case
before the goods are taken.
As the Court said in reaching its
decision, "It has long been recognized
that 'fairness can rarely be obtained by
secret, one-sided determination of facts
decisive of rights ... ' "
According to Prof. Krahmer, the purpose of a hearing before an order is
issued "is to insure that a person's
property is not taken without giving him
New Professors
Increase Size
Of Law Faculty
Three new faces will be seen around
the law school this fall with the addition
of three members to the faculty. The new
law faculty members are Hal M. Bateman, 1 ames R. Eissinger and J ere Charles
Wicker. With the departure of Professor
Glen W. Shell haas last spring this makes
an actual increase in teaching staff of
only two.
Professor Bateman is teaching a third
year class in Creditors' Rights this fall
after having taught at the University of
Missouri-Columbia School of Law since
1965. Texas is not a new state to him,
however, since he received his B.A. in
1954 from Rice University and his 1.D.
from S.M.U. in 1956. While at S.M.U.
Bateman was the Editor-in-chief of the
Southwestern Law Journal as well as the
Journal's business manager.
Admitted to the bar in Texas in 1956,
Professor Bateman worked nine years in
the Dallas area, engaged in general civil
practice, prior to entering the teaching
profession at the University of Missouri.
In 1970 he was admitted to the Missouri
Bar. Bateman has published a manuscript
in conjunction with Hubert Johnson entitled Bankruptcy of Partnerships. Bateman and his wife have three children.
He is also a member of the Order of the
Woolsack and Barristers.
Professor Eissinger comes from the
University of North Dakota where he
was a visiting assistant professor in the
North Dakota School of Law. He is
teaching two advanced courses during
the fall semester, Labor Law and Comparative Law. Eissinger graduated from
Wartburg College in 1960, where he
earned his B.A. degree.
In 1964, Professor Eissinger obtained
his J.D. degree from the University of
North Dakota and was admitted to practice in that state. He has recently married.
Professor Wicker is also teaching two
advanced courses, Federal 1urisdiction
and Patent Law. This is Wicker's first
teaching post as he comes directly from
graduate study at Yale Law School.
A native Texas, Wicker and his wife
have one child. He received his B.E.E.
from Georgia Tech in 1965, and his 1.D.
from the University of Houston in 1970.
In 1972, he earned his LL. M. from Yale.
He is admitted to practice before the
Texas Bar and is a member of Phi Delta
Phi .
a chance to present his side of the case.
For example, a person may have defaulted on grounds which would allow
him to have legal recourse against the
seller. A prior hearing would bring
this to light and may well result in the
court deciding that the creditor should
not be allowed to use a court order as
leverage to force the payment of a doubtful claim."
This new legal requirement will result in a delay between the time when a
buyer defaults and the time when goods
can legally be seized. "The delay will
undoubtedly cost something," Prof.
Krahmer said, "and this will probably
be reflected in increased credit costs or
in increased costs for the goods themselves."
Prof. Krahmer is now conducting a
research project to determine what effects the Court's decision of June 14th
will have on the business community.
The Court indicated that it might be
possible to waive the right to a hearing
in the installment payment contract if
the waiver is made willingly, knowingly,
and intelligently. Prof. Krahmer is doubtful about a waiver statement being upheld if there is even the slightest question
about whether the purchaser understood
the effect of the statement.
"The first reaction of many creditors,"
he said, "will probably be to include a
waiver clause in their installment contracts. My own opinion is that it is quite
likely the courts will not uphold such
waivers when purchasers are not made
aware of them at the time the contract is
signed.
"The trend of the law today is to require at least a minimum of fairness in
sales bargaining and to look with suspicion on attempts by one party to bury
waivers of important rights of the other
party in the fine print of form contracts."
The principle of the Fuentes case may
be expanded in the near future, Prof.
Krahmer said. "A case recently decided
by a Federal District Court in California,
Adams v. Egley, has extended the prior
hearing rule to cases in which the creciitor privately repossesses goods under the
Uniform Commercial Code (which is
also in effect in Texas) without using a
court order directed to a sheriff. If upheld, the decision will certainly have a
significant impact on consumer-creditor
relations. "
Prof. Krahmer received his bachelor of
arts degree and law degree from the University of Iowa and his master of laws
degree from Harvard University. His
field of specialization is commercial and
trade law .
Law Sports
Going Strong
Golf, tennis, football and volleyball,
move into the intramural spotlight with
the opening of the fall semester, with
widespread law school participation indicated in each sport.
The fourth annual Law School Golf
Classic has been scheduled for October
7 at Pine Hills Golf Club, according to
John Morris, tournament director. The
tournament, which recognizes winners
in both low gross .and low handicap categories, drew more than 100 contestants
last year. Professor Charles Bubany, who
fired a par 72 in last year's tourney, is
the defending champion in low gross
play, and James Inzer is defending champion for handicap honors.
Twenty-four singles entries and sixteen doubles teams began play in midSeptember in the Law School Tennis
Tournament. Play will continue through
the month in both categories, according
to James Maxfield, tournament director.
Among the early favorites in doubles
play were David Pittard and Mac Smith,
who won the Graduate-Fac'.llty League
doubles competition last year, and Pittard, Graduate-Faculty singles winner,
in singles play.
Mac Smith, intramural director for
the Law School, reports that three law
school football teams will compete in the
Graduate-Faculty League this year, with
play opening in late September.