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The Opinion

University at Buffalo School of Law 
Digital Commons @ University at Buffalo School of Law 
The Opinion Newspaper The Opinion 
4-10-1950 
The Opinion Volume 1 Number 3 – April 10, 1950 
The Opinion 
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The Opinion, "The Opinion Volume 1 Number 3 – April 10, 1950" (1950). The Opinion Newspaper. 3. 
https://digitalcommons.law.buffalo.edu/the_opinion/3 
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lawscholar@buffalo.edu. 
UB LAW SCHOOL HONORED -WITH 
U. S. SUPREME COURT CLERKSHIP 
A signal honor was liestowed on 
the University of Buffalo Law
School as well as · <;m the recipient
of it when C. George Niebank, Jr. 
a senior, was appointed one of two 
law secretaries to Supreme Court 
Justice Robert H . Jackson. Mr. Nie-
bank, an alumnus of Phillips An-
dover Academy and Yale, will · re-
ceive his L.L.B. from the University 
this June, whereupon he will leave 
for Washington to take up his 
duties. 
Each Justice has two secretal'ies 
who usually seE.v.e f-Or ·one year. 
Their duties are diversified but in-
elude a large amount, of 'prelimin-
ary work on petitions for certiorari. 
 Each·, secretary will handle those 
petitions originating .in the home 
circuits of each justice. Other. tasks 
include the .endless delving into the 
"tomes" to find authority for dif-
ferent points of law which the 
Justic_es use In their opinions. Mr. 
iebank will be well acquainted 
with this type of research as it 
coincides with his work as one of 
he three student e.!lltprs of the  County ~~latlon Bulle-
..,.L 
'It ' has been the practice in, the 
ast for Harvard to presen.t the 
ominees for these .coveted posl-
ions, although Yale and Chicago 
niversity law students have oc-
asionally . received .appointments. 
ow, for the first time, . 'the Vni-
ersity ,of Buffalo can lay claim to 
 Supreme Court law secretary. 
his is, indeed, fitting as a climax 
o a year which presented us with 
 fine new building and ushe~ in 
 bright new era for the ' Law 
chool . 
Many other U. B. Law School 
I' lumni have entered government 
ervice leaving splendid records. be-
ind them. others . are at present 
n Washington working In ,the legal 
· 
._ SCHOOL HONOR.ED . 
(Continued on Pa~e Two> .. 
Student Letters 
Score, Defend 
Honor System
EDITORIAL NOTE: Because o! the 
1 furor raised by the recent referen-dum on the changing of the system 
o! examination,' the OPINION · le 
omlttlnf. Its "Concurring and Dis-
senting ' . section and presenting 
hereunder two letters to the Editor, 
~~mi~~ c~d 1rb:~r:ft~t:,C:~~:!~:srgi 
the .Junior Claes, 'express most o! the 
arguments that usually arise llPOn 
the discussion o! .honor systems. The 
whole Idea has been tabled by the 
·Student Council and the OPINION 
wonders: has It become a moot ques-
tion? Perhaps the presentation by 
the 'council of a carefully formulated 
p)an would answer the question. 
To The Editors: 
Further comment seems in or
der concerning the honor syste
for examinations. The system, a
usually considered, is possibl
misnamed, as each student Is no
only honor-bound not to cheat;· 'Ile
is also obligated to report any per-
son he observes cheating. The
dual nature 'of the safeguards Is
the .essence of the system. Pro-
tectlon of the individual, whether
aceused or accuser, is provided by
having thorough confl,dentlal pro-
ceedlng& beff)re an elected tribunal
of stud~KSJ!!!ply stated, WJt '!!'!!-
dents-well recognizing our deft-
cienc~es uld look after our-
selves as beflts grown-ups. 
Th present system of hired
proctors proclaims us as,childis'llly
irresponsij:>le or worse, and must
therefore nearly eliminate person-
al freedom. The honor system
would allow us to act and be
treated as · adults-sur@ a tre-
mendous gain - with nearly un-
limited freedom the result. More
Important, the honor .system will 
hav-specially among new clas-
ses entering the school, and as the 
present· system can never have-
a potent and cumulative educa• 
tional effect, serving in no small 
way to raise the ultimate stand-
ards of our conduct. To deny this 
STUDENT LETTERS SCORE 
(Continued on ,Page Four>-. 
Frosh F-= 
.ai. 
... st T'o'. Set 
[Dale Eor.._Auuual La Cl · 
w ass Parties
Plans for the annual clas.s parties 
have been underway for the past 
 few weeks by representatives of the 
three divisions. As of this date, 
tlie Frosh are the only ones who 
 have crystallized said plans. 
Chairman John Olszewski an-
nounces that the Freshman affair 
will be a dance to be held on Fri-
day, April 28, 1950, at 9:30 p. m. at 
the Riverside VFW Post at 1005 
Tonawanda Street in Buffalo. Each 
couple will be assessed $1.50 to 
defray expenses of entertainment 
and refreshments. · 
The members of the committee 
are: Phyllis Hubbard; Archie Hun-
ter, John Gruber, Spero Ylanllos, 
John -Wick, Alvin Glick, and---fack 
Connelly. 
Editorial 
The pros. and cons of the much
maligned honor system have been 
ably stated by the Messrs. Flem-
ing and Crockett. Of course, lim-
ited space prevents their argu-
ments t:rom being exhaustive. But
ina.smuch as no detailed plan was
presented to the student body, 
both sides have been left to grope
aimlessly for a framework upon
which to drape their arguments. 
The result bas been that the 
real issue debated, both in print
and in the corridors, has not been
· the honor system, but honor it·
self. Too often during the recent
bull sessions, the words, honor
and et:Jlics, were bandied about .as
if leprous or at the most, some 
·monstrous joke. The newspapers, 
radio, and movies have character-
ized the lawy~r as an evil, g'rasp-
ing Shylock without soul and a 
money bag for a heart. The dis-
turbing aspect of this adverse pub-
licity Is the effect it has even
within the profession and particu-
larly as to the attitude of prospec-
tive lawyers. We do not mean to
imply that the honor system Is 
the way to salvation. We merely
question the wisdom of those who
smile knowingly at the mention
of !honor and ethics. History hu
taught us that law can either be 
used u a weapon to enslave socie-
ty or to protect It. The traditional
guardian of the law has been the
lawyer. It la not a respon1lbillty to 
be taken ligbUy. 
REVIEW OF FA.CULT¥ 
PROF. MUGEL 
Albert R. Mugel, Professor of
Law at the u. B. -Law School a.nd
expert in the fields of property
and taxation law, was born in 1917.
He received the degree of bache•
lor of laws in 1941 from the Unl-
versity of Buffalo. Mr. Mugel was
admitted to practice in New York
in that same year .and became as-
sociated with the Buffalo firm,
Smith, Kendall and Pedersen.
Since 1941, he has been associated
with the firm of Kenefick, Cooke,
Mitchell, Bass and Letchworth of
this city. 
From 1942-1946, Professor Mugel
served in the U. S. Army, being
Trial Judge Adv9cate, Armored
Command, in 1943; 
Among the subjects in Mr. Mu-
gel's teaching background are:
Trusts, Future Interests, Personal
Property, Taxation and Estate
Planning. He also conducts an ad-
vanced seminar in Taxations Pro-
blems. · 
· He ls a member of the Erle
County Bar and New York State
Bar Associations. 
In the classroom, Professor Mu-
gel effectively combines the best
aspects of both case method and
lecture systems of teaching. As a
result of his facility in presenta-
tion his classes are among the
most ~njoyable the student ls likely
to encounter at the U. B. Law
School. 
PROF. LAIDLAW 
William King Laldlaw, Professor 
of Law at the U. B, Law School 
since 1931, was born in 1900. He 
received both his prelegal and 
legal education at Cornell Uni-
versity, receiving his A.B. in 1922 
and LL.B in 1924. 
After admission to the bar in 
1925, Mr. Laidlaw practiced In 
Ellicottville, N. Y. before coming 
to U. B. as a lecturer In law in 
1926. Among the subjects he has 
taught are: Bailments and Car-
riers, Contracts, Personal Prop-
erty, Agency, Bills and Notes, 
Partnership, Sales, Wills, Trusts, 
and Future Interests. 
In addition Professor Laidlaw 
has also written articles for the 
Cornell Law Quarterly and the 
Lincoln Law Review; and in 1940 
published his edition of "Cases and 
Materials on the N. Y. Law of 
Succession.•• He has held the posi-
tion of Research Consultant for 
the N. Y. State Law Revision Com-
mission and Is a member of the 
Erle and Cattaraugus County Bar 
Associations. 
As a professor Mr. Laidlaw has 
shown great ability to · gather to-
gether the .isolated cases into con-
cise but broad principles for the 
benefit of his students. 
Practice Symposium 
Offered to Student
A series of pane1/discusslons is
being planned by the Alumni As-
sociatlon to aid the graduating stu-
dent. Prominent members of the
profession will lecture on various
phases of • getting started in prac-
tlee,. the opportunities offered to
the young lawyer In busln~, gov-
ernmental agencies, law e orce-
ment, and politics; the ge eral
problem of office management; le-
gal ethics and bar associations. 
The sponsoring of this sympo-
slum Is In keeping with the ob-
jectives of the Alumni Association, 
one of which ls aiding the student
and recent graduate. The OPINION
views this project as a worthy one
In providing eff!!Ctlve teaching and'
preparation for practice. It-ls hoped
that such a symposium will become
an annual event at the UJliveralty
of Buffalo "Law School. · 
School Honored 
(Continued from Page One) 
departments of the multifarious 
boards and commissions, Among 
this large group of past and pre-
sent ;,Capitol" men are: John Lord 
O'Brlan, '98, who was General 
Counsel of the War Productions 
Board and ls still active in Wash• 
lngton legal circles; David Gray, 
'99, Minister to Ireland; Robert 
McNulty, '25, who was Chief At-
.torney of the Enforcement Division 
of the War Productions Board; 
Manly Fleischmann, '33, who was 
Assistant General Counsel of the 
War Productions Board and Gen• 
eral Counsel of the Foreign I.Jquld· 
ations Commission of the State De-
partment; Charles Kendall, '33, 
General Counsel for the Natural 
Resources Board; David Adams, '37, 
who was Assistant to the Chairman 
of the FCC; Jean Cowper Allan, 
'41, Assistant General Counsel for 
the Office of International FJnance 
of the Treasury Department and 
Jack T. DILorenzo, '48, Attorney 
with the Postmaster General. 
LIEBOWITZ, J.; CAVEATS 
. ~ . 
FOR THE
YOUNG CRIMINAL TRIAL LA WYER
Last month at the annual dinner 
meeting of the Young Lawyer's' 
Section of the. Bar Association, the 
Hon. Samuel Liebowitz, judge of 
Special Term, King's County, New 
York lectured on the 'do's and 
don't's' of criminal trials. 
The Judge's first commandment:
was that the young lawyer never 
could be too observant. If necessary: 
he should not hesitate to re-enact 
the crime at the scene Itself to re-
fresh the memories of witnesses -or 
to give himself a better grasp · of 
the problems Involved. . · 
At the trial,_ the lawyer should 
restrict his QbJections only to the
admission of evidence he feels will 
damage his case. Judges frown up-
on the practises of some over-zeal-
ous practitioners who badger the 
court with · pointless objections 
every time a question is asked. 
Often these d~laying tactics will 
.so infuriate the bench that even 
legitimate objections may be over-
ruled by an exasperated presiding 
judge. 
The most Important phase of the
trial, Liebowitz feels, is the cross-
examination · of witnesses. Legal
graveyards are glutted with cases
which foundered upon the rocks of
poorly phrased questions. Often a
winning cause of action cannot
survive a J>OOr cross-examination.
 
 
 
 
 
 
 
As a rue, if the adverse witness' 
.testimony has not harmed the case 
or if one has other witnesses pre-
sent to contradict him, .there is no 
point in cross-examination at all. 
As In the case of objections, cross-
examination is of value only when 
tlie witness' .testimony may prove 
 
embarrassing. The aim, in such 
an event, is to prove the witness 
a shameless liar, a hopeless. exag-
gerator of trivialities or, at ·.the 
least, mistaken. But if the test!-
mony Is such that It cannot be 
shaken, the witness should not be 
allowed to repeat the damaging 
facts. He should be cross-examined 
 only on collateral matters. -
Judge "Liebowitz summed up by 
pointing out the rather discourag-
Ing fact that criminal law is ·not 
as lucrative a field as some other 
branches of the law, but this is 
more than offset by the fact that 
the lawyer is playing a part in a' 
drama involving, as Judge Llebo-· 
wltz aptly expressed it, "Flesh and 
Blood." To those who feel that 
musty ledgers yellowed parch- I 
ments and quiil pens are not for : 
thetn, criminal law may very we11 
be their field. 
-poN JAFFEY 
Class ].\[gtes 
CONGRATUIATIONS TO: Al-
exander Cordes ('50) who received 
the annual Gold Key -!\'\Vllrd pre-
sented by the Erie County Bar As-
soclatlon to the student who has 
contributed the best work to the ' 
Erie County Bar Bulletin. The win-
nl.ng article, "Evidence, Due Pro-
cess, Search and Seizure," appeared 
in the January '50 issue. 
To Thomas V. Troy '51, Law 
School's new representative on the 
Board of Managers and to Fresh-
men Spero Ylanilos, Archie Hunter 
and Jack Gruber who were elected 
to represent their class on the 
Student Council. 
A WELL DONE· to Tony Re-
naldo and his Committee for their 
efforts in presenting another sue-
cessful "Barristers' 'Ball." • 
T~PED for · Bison Head, UB 
Honor Society for students con-
tributing the most to the Univer-
sity's extra-curricular life, were 
Mike Bellewech ('51) and Henry 
Rose ('51), The honors were well 
deserved. 
" ••• FORECAST THEIR SHAD-
OWS" ... Harvey Rogers ('51) 
whose picture appeared in the In-
quiring Reporter's Column of an-
other local paper, has already been 
approached by prospective clients. 
A prisoner at Attica State Prison, 
on the . strength of Rogers' state-
ment to the press, took the liberty 
of writing to him In hopes of re-
celving legal aid. And .while one 
was trying to get out, Winthrop 
H. Phelps ('52) was putting an-
other one in. Phelps, a poll~man 
wl!en not taking law ·notes, nab'bed 
an escaped prisoner last month in 
front of the Law School. This was 
extra-curricular activity for Phelps 
.who was off-duty fr<>m both oc-
cupations. · 
Student Letters Score, 
Def end Honor Syste
(Continued from Page One) 
Is to forego even modest hopes for
improvement. _ 
We are presently studying to
enter a profession that, among
more tl1an few, carries a bad
name because many of its practi-
tioners debase Its ethics. We
should wish for no better task on
entering practice than to vindicate
those ethics by our conduct. This
effort must start now or be fore-
closed. Some of us are prone .to
dismiss any mention of ethics
with the easy arguments of cyni-
cism and an emphasis on what is
termed "being realistic;" we do so
to our ultimate regret for there
is nothing more real than the ne-
cessity to recognize and face mor-
al problems. Especially is this 
true in a law school, for the law 
is nothing less than the practical
expression of society's moral
standards, · and ·each of us must
eventually take pa1't in the con-
tinuing d~velopment of the l 
The training of 1:3-wyers able 
fulfl.ll such needs 1s exactly w~at
legal _education means; nothing 
less will do. 
The honor sys ~ ers us the 
chance at least to gain a peat
deal at the risk of losing almost 
 
nothing;· I submit that we should 
give it a thorough trial at the 
earliest possible time. 
-Robert B, Fleming 
To The Editors: 
The purpose of a professional
school ur education, not the devel-
opment bf character. Though the
honor system for examinations
might be used to advantage in
some schools, nothing could be
more incqnslstent ~i1:!_i the en-
trance requirements m our school.
We were not selected on the basis
of our honor ; th_e requillit~s are 
basically scholastic. . 
 
 
 
 
 
1
 
 
There is a rumor' (which i not
irrebutable) that the leg-a1 pro-
fess ion boasts a high standard of
ethics. Certainly the reason for
this does not lie in the scree_ning
process by which only the worthi-
er applicants are admitted to our
school of law. Most o~ us were
admitted on the basis o ur _writ-
t en application ; we wer not mter-
viewed-many_ of us · had never
even seen a member of the fac-
ulty. <J 
 
 
 
 
 
 
 
 
· An honor system wlll not create
honor where none exists-it is
merely a device for manifesting
virtues which already exist. The
institution of the system in a 
school where galoshes b~co. 
missing, 
 
where books are mut at-
ed could be nothing but a ce.If more desirable a licants for
the bar is the objec e in view,
may I suggest a more critical in-
vestigation of the applicants to
our law schools. He who is with-·
 
 
 
 .
 
 
 
 
 
out honor now, will certainly not 
be changed by a system that af. 
ects him only twice a year. 
Just what freedoms are alleged-
ly denied by the proctor system is
none too clear. It would appear 
that the only freedom to be 
gained by the abelition of that
system is the freedom of move-
ment. 
 
An argument such as this Is 
hardly worth rebutting. Those 
among us who have we~ kidneys 
or who need·more than one smoke 
during the morning, had best 
 make special arrangements with 
the judge so that sufflcieµt reces-
ses may be granted. 
 
 
Th~ the honor sy_;item (if prop-
erly instituted) might add pres-
tige to our• school Is hardly to be 
doubted. But such a system· to be 
effective, must operate among a 
class of students who are equal to 
it. If the effect is to minimize ' 
cheating, then it would seem that. 
we have erred in admitting this 
class of student to the school, and 
the premise, in fact, dl;!1ies the 
questlon--are we of sufficient 
character to 'honor' the honor 
system? And, too, it seems a little 
late in life to attempt to mold 
moral character, if this is the pur-
pose. To eliminate the use of du-
bious t tics in law school would 
h e effect of a miracle drug, 
elieving the symptom w~e it 
fails to check the disease itself, 
Le., the availability of an Lib. to 
some who are not worthy to prac-
tice. 
--Cb.as. Crockett 


English

The Opinion Volume 1 Number 3 – April 10, 1950

Second issue of the University of Buffalo Law School newspaper, The Opinion.https://digitalcommons.law.buffalo.edu/the_opinion/1001/thumbnail.jp

The Opinion Volume 1 Number 2 – February 20, 1950

Fourth issue of the University of Buffalo Law School newspaper, The Opinion.https://digitalcommons.law.buffalo.edu/the_opinion/1003/thumbnail.jp

University at Buffalo School of Law 
Digital Commons @ University at Buffalo School of Law 
The Opinion Newspaper The Opinion 
6-2-1950 
The Opinion Volume 1 Number 4 – June 2, 1950 
The Opinion 
Follow this and additional works at: https://digitalcommons.law.buffalo.edu/the_opinion 
 Part of the Higher Education Commons, and the Legal History Commons 
Recommended Citation 
The Opinion, "The Opinion Volume 1 Number 4 – June 2, 1950" (1950). The Opinion Newspaper. 4. 
https://digitalcommons.law.buffalo.edu/the_opinion/4 
This Newspaper is brought to you for free and open access by the The Opinion at Digital Commons @ University at 
Buffalo School of Law. It has been accepted for inclusion in The Opinion Newspaper by an authorized administrator 
of Digital Commons @ University at Buffalo School of Law. For more information, please contact 
lawscholar@buffalo.edu. 
UNIVERSITY OF BUFFALO LAW SCHOOL , 
VI ~ CIO~ 
VOL. 1-NO. 4 JUNE 2, 1950 
U. B. Law School 
Placement Service 
Booms In 1950 
On May 28, 1950, at Boulder, ·
Colorado, James· P. Gifford, as­
sociate law dean at Columbia Uni­
versity, declared in a speech at a 
conference on legal education and 
admissions to the bar that the 
placement situation for the 1950 
law classes "is now and is going 
to be very difficult." The Columbia 
dean went on to say that the 
post war era saw law schools 
~ flooded with students and that 
those graduating this year are 
reaping the cumulative effects of 
the 1948 and 1949 overproduction. 
 
In viewing the work of the 
University of Buffalo Law School's 
Placement Service, Prof. Albert 
Mugel declared ·that, "the general 
statement made at Boulder did 
not apply to the Buffalo area in 
that our Placement Service has 
accommodated more graduates of 
this year than in 1949. Working 
in conjunction with th~ Law 
School A!umni Association, the 
service attempts to broaden the 
field for the young lawyer in that 
opportunities in government, busi­
ness, and other related areas, are 
brought to the attention of the 
student. Business, trade, and in­
dustry are contacted to acquaint 
them with t)le potentialities of the 
graduating law student." · 
Mitchell Fund Created 
The .OPINION on behalf of the 
student body wishes to extend its 
appreciation to Mrs. Lavinia A. 
Mitchell who recently donated a 
gift of $28,000 to the Law School 
for the establishment of a UB 
Lecture Fund in honor of her late 
husband, James McCormick Mit­
chell, attorney and Chairman of 
t'he University Council from 1937 
until his death in 1948. 
Civil Rights • • • New York 
. c__;:y PROf:. JACOB D. HYMAN 
With the passage of the Austin-Wicks Bill prohibi.ting dis­
crimination in publicly assisted housing, the State of New York 
again asserts its leadership in the protection of civil rights. Since 
the advance has been a steady one over the course of many years, 
it is easy to overlook its magnitude. For this reason, a review of 
the constitutional and principal statutory provisions protectirig 
civil ri,hts in New York may be of some interest. 
As early as 1787, the laws of,.
New York included an exten~ive 
bill of rights, many of the prov!-
sions of which were then or lMer 
incorporated in the Constitution. 
These cover sub~tantlally the same 
grounds as the first eight amehd-
ments to the Federal Constitution. 
As now set out in Article I of the 
New York Constitµtion, they in-
elude : the procedural rights of 
habeas corpus, jury trial, indict-
ment, the assistance of counsel, 
notice of the charge, confronta-
tlon of w I t n e s s e s , protection 
agalnst double jeopardy, self-
Incrimination, excessive bail, cruel 
punishments; the personal rights 
of freedom of religion, speec!f.
press, assembly and petition; tht
right not to be deprived of prop-
erty except for a public purpose 
and upon payment of compensa-
tion, and the general right to be 
free of restraints other than by 
the law of the land and according 
to due process of law. The most 
recent addition is Section 11, 
adopted by the Constitutional Con-
vcntlon of 1938. Guaranteeing the 
equal protection of the laws, it 
specifies that "No person shall, 
because of race, color, creed or re-
llglon, be subjected to any dis-
crimination in his civil rights by 
any other person . . . or by the 
state . . . or subdivision of the 
state." 
It Is the principle involved In 
this last clause that is being con-
sistently made more effecthre by
the legislature. The major areas in
which action has been taken re-
cently are public accommodations, 
employment, educat_lon, and now 
housl g. 
In the ~ase of public accommo-
dations, · Section 40 of the Civil 
Rights Law reflects the· modern 
flowering of the old common law 
duties of inn keepers and common 
carriers. Nine times in this cen­
tury, and five times in.._ the last 
few years, Section 40 has been 
amended to make more concrete 
the principle that "All persons 
within the jurisdiction of this state 
shall be entitled to the full and 
e qua l accommodations, advan­
tages, facilities and privileges of 
any places of public accommoda­
:ons resort or amusement sub­
 ject 'only to th·e condition; and 
 limitations established by law and 
applicable alike to all persons." 
Specifically, denial of accommoda­
tions on account of race, creed, 
color or national origin is now 
prohibited. And "public accomma­
dations" · are defined to include 
almost · every conceivable type of 
public 'facility: eating places and 
bars, stores and service establish­
ments, places of amusement and 
recreation, all manner of public 
conveyances, operating "by land or 
water, and public halls or bulld­
ings occupied by two or more ten­
ants. The single important excep­
tion relates to institutions in their 
"nature distinctly private." 
,,.-__. --·---·~------­
This provision is more than the 
declaration of a principle. Section 
41 of the Civil Rights Law author­
 izes 
 
I a person dl.scrlmlnated against 
to sue for a penalty of between 
• --- \ 
(Continued on Paie Three) 
------------ --
--
2 OPINION 
LAW SCHOOL 
Editor-in-chlef ....Mlchael Bellewech, Jr. 
Managing Editor............Edward Spector 
Bus.~n~,s Mgr.....Edward K •. O'Shea, Jr. 
News Edltor.......................... Hubert Crean 
F eatures Edltor............ Rlchard Wozniak 
Secretary......................Edward W. Kinney 
Class Representatives 
Donald Jaffey (Senior) 
Thomas V. Troy (Junior) 
George Grobe, Jr. (Freshman) -
Staff 
Louis Del Cotto, George Kassman, 
Spero L . Ylanilos 
Faculty Advlsor..............Albert H. Mugel 
June 2, 1950 Vol. 1-No. 4 
~ Editorial 
By this time, all of us, likeBelshazzar, have been weighed , in
the balance. Let us hope that, un-
like that unfortunate ancient, none
of us will be found wanting. Tak-
ing the C\le, even the OPINION has
tinkered with scales of introspec-
tion. It is our humble opinion that,
while meteoric success has not
?e.e? ou~s, ':"e have attained ~ur
m,tial obJectives, fo~emost ~f which
and the most obvious bemg the
birth of au B Law School journal.
Not only the student body but also
the alumni have received . the fact
with comforting words and en-
thusiastic support. But do not
imagine that the paper you see
b~fore you is the sum total of our
ala,m,.ds.foPrlans thave been caref~lly
nex year, encompassing
expansion to a paper twice present
size and contributions by the na-
tion's leading legal scholars. Such 
plans necessitate selection. of stu-
dent editors and staff members on 
the basis of merit. !t is contem-
plated tl\at selection by the
OPINION and its faculty advisor
will be a badge of distinction. But
absolute assurance that it shall be
such ultimately rests with those of 
us who will be designated members 
of the staff. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PAY 
YOUR 
ALUMNI 
DUES 
NOW 
April 27, 1950 
To The Students of the Law School: 
The editors of the Opinion have asked me to make a farewell 
statement to the students of the Law School. It is a sad thing to 
say goodbye to you because in this School I have had the most 
deeply satisfying experience of my professional life. But I wel­
come the opportunity to proclaim once more the purposes of this 
School. 
We are engaged here--the Faculty and the Student Body-
in a joint enterprise. Together we undertake to prepare the stu­
dent for the everyday practice of the law, and, incidentally, for , 
the Bar Examination. The State of New York demands that those 
who seek a license to practice· law have a certain competence 
based on certain information and for that the Faculty accepts 
responsibility. 
But our educati'onal aims are much more inclusive. All of 
them derive from the grand premise that the law is one of the 
prime guardians and promoters of our way of life. Our education 
should include a · constant and cooperative search for the values 
which we most cherish, and fa~ the means of effectuating them 
by the method of reason in a constantly changing scene. ;Here at 
tl1e threshold of your mature life we undertake this exploration 
together. To be truly educated, to l;le truly devoted to the law is 
to be dedicated to this exploration not merely fqr the three years 
of your formal education but for the rest of your life. We do not 
always succeed in our aims. We are apt, I am afraid, to set our 
sights not too high but too low. But let me ·assure you that we 
have established a fine reputation througho~ the country for 
devotion to high standards of legal education./ 
You will go out from here very much concerned for your 
livelihood. Your mind will be taken up by title searches and negli­
gence suits and bill collections. 1lt must be so. It should not be 
forgotten that the law deals with all of the concerns of human 
beings· nothing touches them more nearly than the integrity of 
. . ' . . . . 
their person and their property. No, 1t 1s not what 1s done but 
the manner and spirit in which it is done. It can be done as part 
of a shoddy game; it can be done with fairness and dignity. 
But even the practitioner whose conduct is absolutely coITect 
may become bound to the narrowest professional interests. He 
may come to see legal education entirely in those terms. He may 
resent the Law School's dedication to broad social concerns and 
wide educational perspectives. He may yearn to make it his 
. · h" · · · 
mstrument, 1s servan~. My partmg hope 1s t?at you will ~at 
become narrow profess10nals; I hope that you will share my view 
that the Law School makes its greatest contribution to the worth 
and the dignity of the Bar when it insists finally on an independ­
ent interpretation of its role: The Bar and the Law School work­
ing together for the high ends of the Law, each its own wa~, each 
with due regard and concern for the function of the other can 
fulf·ll d h · . ,
1 an strengt en each other. As students and as future mem-
bers of the Bar, I pledge you to these ends and pray for your.good 
fortune and success. 
LOUIS L. JAFFE, Dean. ' 
WANTED 
A1PMail'e law ahl4eat-To aell 
- d11eata at Scbool. Earn '1•
S308 tlle Int part of next aemeater. 
For farther cletalla write: 
Te~ Law Pabllaben, lac. 
8Z9 llarpret Sheet 
Flla1, lllclal,raa 
"Anything- For Parties"
SARLES DELICATESSEN
"Where Cornbeef l1 King"
1480 HERTEL A.ve. DE 9595
 
1 
OPINION 3 
Civil Rights .. -; New York 
(Continued from Page One) 
$100 and $500 any person who 
violates Section 40 or w'ho "shall 
aid or incite the violation." Viola­
tion is also punishable as a mis­
demeanor. Section 514 of the Penal 
Law to a substantial degree rein­
forces the Civil Rights Law, by 
making it a misdemeanor if any
person "denies or aids or incites 
another to dE\_ny o any other per­
son because of. ra e, creed, coldr 
or national origin . . . the full 
enjoyment of any of ' the accom­
mo91itions" of . ces of public re-
sdt or amusement. • · 
 
While the very nature of the 
problem makes the collection of 
factual evidence difficult, doubts 
.have been expressed about the effi­
cacy of private peJ'\alty suits and 
criminal prosecu_tions to achieve 
the goals. That the legislature 
shares the. doubt may be inferred 
from the adoption in 1942 of a 
provision {Section 45) authorizing 
the Industrial Commissioner t0 
exercise investigative . and sub-
poena power in order to · enforce 
the Civil Rights Law. As we shall 
see, several of the latest statutes 
provide a complete administrative 
procedure for enforcing this kind 
of law. Perhaps a similar pro­
cedure ~ay be necessary to make 
fully ef~ ctive the State's declared 
policy to end discrimination in 
places of public accommodation. 
In contrast to the gradual 
strengthening of t'he protection of 
access to facilities open to the 
public, an abrupt advance was 
made with respect to employment 
in 1945, with the creation~ the 
State Commission against scrim­
inatlon. The statute {Ex cutive 
Law Sections 125 ff) declares it to 
be an unlawful employment prac­
tice for .employers to refuse to 
hire any person, or to discriminate 
against any person in terms of 
employment, because of the per­
son's race creed color or national 
origin. Upon th~ filing of a com-
plaint, the Commission is author­
ized and directed to investigate. If
~he c~t proves well-founded,
the <r;ommission attempts to elimi­
nate the practice by conciliation
and persuasion. If that fails, for­
mal hearings are to be '.held. I{
they result in a finding of viola­
tion, the Commission orders the
practice discontinued. Only if that
order is ·disregarded does the case
reach the courts. 
The Commissfon's reports indi­
cate quite clearly that even in the
short period since the passage of
the law it has been effective in
broadening the employment oppor­
tunities of minority groups. And
this demonstrated success '.has been
instrumental in the passage of
similar laws, since 1945, in seven
states. 
New "l('ork in 1948 extended the
same type of control to colleges 
and universities. An amendment to 
the-Education Law {Section 313) 
 declares it to be an unfair educa­
 tional p r a c t i c e for a post­
secondary school subiect to state 
 inspection to exclude or discrimi­
nate against any applicant or stu­
 dent on the grounds of race; creed, 
color or national origin. Certified 
 rel i g i o u s and denominational 
 schools are excepted from the law. 
 If violations are alleged, informal 
discussion precedes any public ad­
ministrative action. Only if the 
 
violations continue may orders, en­
 
forcible in the courts, be issued by 
 
the Board of Regents. Here again, 
theexample of New York has been 
 
followed in other states. Both 
 
Massachusetts and New Jersey, 
however, have gone· somewhat fµr-
 
 
ther by making their laws applic­
able to all schools which accept 
 applications for admission from 
(Continued .on Page Four) 
REVIEW OF F A'CULTY 
~ 
CLYDE W.. SUMl\lERS 
Clyde W. Summers, Ass,Ptj_ate 
Professor. of Law was born in 191Jl. 
He received his collegiate and 
legal training at the Univer~ity of 
Illinois, B.S. in 1939 and .t,D . in 
1942. After teaching for three 
ye a rs at the University of 
Toledo College of Law, Mr. Sum­
mers did graduate work in law at 
Columbia receiving a LL.M. in 
1946. In 1949 Professor Summers 
joined the faculty of the U.B. Law 
School. 
Among the subjects he teaches 
at the present time are : Wills, 
Administrative Law, Person al 
Property Agency and Partnership. 
Professor Summers has had a 
number of articles published in 
outstanding law reviews: v 
"Fair Procedure before the 
N.L.R.B." MiC'higan Law Review; 
"Sources and Limits of Religious 
F reedom," nrlllOI·s Law Review·
"Admission Policies of Unions," 
Quarterly Journal of Economics ; 
and "Right to Join A Union," 
Columbia Law Review. 
.
CHARLES ~ WEBSTER 
Charles W . WebstJr, Assistant 
Professor of Law at the U.B. Law 
School, and,.,Fm::ulty Advisor, Erie 
County Bar Bulletin was born 
1920. 
After receiving 
Ph.B. from Marquettel'.Jniversity 
in 1942 Mr. Webster went on to 
the University of Wisconsin La 
School where he received the e­
gree of LL.B. in 1948. In his sen­
ior year Mr. Webster cJerved as 
Editor-in-Chief of the Wisconsin 
Law Review. 
He has been on the faculty of 
the Law School since 1948 and in 
1949 was made a Consultant for:.r 
the N. Y. Law Revision Commis 
sion. 
Professor Webster teaches Crim­
 
inal Law, Real Property Law and 
Land Transactions · 
He is a member of the Wiscon-
sin state Bar and a Lieutenant in 
the U. S. Coast Guard Reserve 
with three years of active service.
-
BUFFALO DAILY 
LAW JOURNAL 
® 
PRINTERS PUBLISHERS 
125 BR6ADWAY CL 4919 
USED CARS ... NEW CARS 
WHATEVER Y.OU NEED 
Our Law School Representative is Edward K. O'Shea 
. BOB JOHNSON MOTORS
KENSINGTON near BAILEY 
"Where deals are OFTEN BIG but NEVER too SMALL" 
4 OPINION 
Civil Rights 
New York 
the public generally, not only post­
secondary schools. 
And now a similar·step has been 
taken with respect to housing, al­
though it does not relate to dis­
crimination In wholly private un­
dertaking. The need for action 
arises from the vast increase in 
}lousing developmints owned or 
aided in some manner by the 
State or' its subdivisions. Under 
the Public Housing Law (Section 
223) discrimination has been pro­
hibited in sUl;te operatey ow-r~nt 
housing proJects. Tlje existmg 
Jaws were held by the Court of 
Appeals, in Dorsey v. Stuyvesant 
Town, not to prevent discrimina-
tion in privately owned housing
developments which had received 
substantial state or local assist-
ance.;!l'his gap became serious with 
the passage of the Federal Hous­
ing Act of 1949 and the certainty 
that large-scale, public-supported 
'b.ousing wouid be constructed. To 
prev:ent the discriminatory pat-
terns which are being correcticf'in 
so many other areas from becom-
Ing deeply hp.bedded in housing, 
the legislature acted promptly and 
decisively. Introduced, like most 
recent civil rights legislation, with 
bi-partisan support, the Austin-
Wicks BiJJ prohibits discrimination 
J 
•including segregation in any hous­
ing development which received 
any public aid, whether by tax 
exemption, reduced land cost, as­
sistance in assembling the land, or 
direct grant of funds. Damage 
suits by persons discriminated 
against and taxpayers' actions for 
an injunction are the methods of 
enforcement authorized. The Bill 
passed both the Senate and the 
Assembly unanimously. 
The reason for all the legisla­
tion reviewed here has been clearly 
expressed in the findings of the 
Legislature in the Law Against 
Discrimination in employment : 
" . . . the legislature hereby finds 
.and declares that practices of dis­
crimination against any of its in­
habitants because of race, creed, 
color or national origin are a mat­
ter of state concern, that such 
discrimination threatens not only 
the rights and proper privileges of 
its inhabitants but menaces the In­
stitutions and foundations of a 
free democratic state." The prog­
ress thtis far made is ample proof 
that the goal can be fully achieved 
if the people of New York will 
cooperate in the enforcement of 
the legislative sta,ndards they have 
themselves set. 
Note: Subsequent to this writing
Gov. Dewey has signed the bill. 
lntrodueing 
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The Opinion Volume 1 Number 4 – June 2, 1950

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The Opinion Volume 2 Number 2 – December 11, 1950

The Opinion newspaper issue dated October 1, 1950https://digitalcommons.law.buffalo.edu/the_opinion/1004/thumbnail.jp

The Opinion Volume 2 Number 1 – October 1, 1950

First issue of the University of Buffalo Law School newspaper.https://digitalcommons.law.buffalo.edu/the_opinion/1000/thumbnail.jp

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The Opinion Volume 1 Number 3 – April 10, 1950

The Opinion Volume 1 Number 2 – February 20, 1950

The Opinion Volume 1 Number 4 – June 2, 1950

The Opinion Volume 2 Number 2 – December 11, 1950

The Opinion Volume 2 Number 1 – October 1, 1950

The Opinion Volume 1 Number 1 – November 29, 1949

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