SCHOOL OF LAW / TEXAS TECH UNIVERSITY

VOL. IV, NUMBER SEPTEMBER 1972

Tech Moot Court Team Wins First Place In State Meet

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 1971-1972 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

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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.

Sullivan, Hartt, Moudy Vanquish Baylor in Finals

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

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PAGE 2

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.

* * * The. ~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 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.

* * * 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, 1 Ls.

* * * Thirty-~ine 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.

* * * . Robert Don Collier of Friona heads the senior class in standing based on cumula-

tive 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 asso-ciate justices of the Judicial Council. "

DICTUM SEPTEMBER 1 9 7 2

Editorial

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 Dictum 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 Dictum, then, serve any purposes which justify an expenditure of 70 cents per smdent per year?

Let us review, briefly, some of the things that Dictum 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. Dictum 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, Dictum 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 Dictum 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 Dictum 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 Staff Larry Glazner,

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 I i­brarian 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 SlIpplement and Assign­ments to Accompany Pollack , F lI nda­menta/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

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

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

Law Enrollment Up Again As 400 Level Is Topped

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 thing 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.

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. 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 hio, 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.

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

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

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.

Also 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."

DICTUM-SEPTEMBER 1 972

Law Dean New Assistant 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.