Duke University School of Law - Prolocutor Yearbook (Durham, NC)

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MQGT C If T HE moot court section of the Duke Bar As- sociation was headed this year by Bill Grist. A varied and interesting program was carried out but undoubtedy the highlight was the K'Rain- making Case. For several years the Bar Association of the City of New York has sponsored a nation-wide contest in brief writing and argument. When the invitation was again extended to Duke this year the committee decided to accept on behalf of the Law School and put forth some effort to make a good showing. The case concerned the liability of a rain mak- ing company and their employees for taking moisture from the clouds which would have otherwise fallen on the plaintiIf's property. The word was passed around among the students and the response was most gratifying. A total of sixteen students turned out to try for the three places on the team. The partici- pants were divided into teams of four and each side, composed of two students, filed a brief. The big day for the elimination Hnally came and the arguments started. The same judges heard all the arguments and selected the three students that made the best showing in the judges' opinions. This was a difhcult task be- cause the caliber of the briefs and arguments were all excellent without exceptions. But finally the decision was rendered and Bob Taylor, Carl- ton Fleming and Robert Caldwell were chosen to represent Duke. The national headquarters of the competition had by this time informed us that the team we were to meet would be the one from Wake For- est College. On November IO, 1950 the big night arrived. The court room was spic and span-the audience arrived and were handed printed programs. The lawyers from Duke were ready to go and were convinced that their client, the plaintiff-appellant, who had been deprived of his rain had a meri- torious cause. But when the decision was ren- dered we found that Wake Forest had convinced the court that ad coleum still had its place in the modern world. Even though this year we did not get to New York for the finals, it is hoped that the interest shown by the students will continue and when the invitation is extended in years to come there will be like enthusiasm to represent Duke on a national level. PAGE I 5

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DUKE BAR JQUR AL Left to right: Robinson, Taylor, Moscou, Upchurch, Foster, Banker, Everett, Fleming, Browning, Douglas, Graves. HREE years of effort have finally culmi- nated in the publication of the Duke Bar Iournaf, a student edited and student written law review. Due credit is given to former mem- bers of the Publications Board who worked dili- gently to re-establish a periodical of this sort to replace the old Dalia Bar Association fozzrnczl, which was discontinued during World War II. Faculty and administrative support combined with student industry to bring to reality a law review exceeding the expectations of many skep- tics. Under the able supervision of faculty advisor, R. O. Everett, and student advisor, Bob Foster, the Hrst issue of the Dzzlqe Bar lournal rolled off the press in the middle of April. The publica- tion featured articles by eight students, including a prize-winning paper on television law written by Carlton Fleming. Most of the articles are distinguishable from the ordinary law review note or comment in that they involve more ex- tensive treatments of the subject. Preparing the student for a career of better legal writing is the aim of the editors of the Dzrlqe Bar Iournalj they feel that by encouraging the writing of longer and more authoritative works, this purpose can be carried out more effectively. PAGE I 4 Although the Duke Bar lozfrfml originated within the Publications Board of the Duke Bar Association, it has now been allegedly divorced from the political Bar Association. Editors and contributors are chosen with regard to ability alone, but the belief of the entire staff is that students who often do not rank at the top scho- lastically can still produce acceptable articles. Editors-elect for 1951 are Ray Graves, Editor- in-Chiefg E. N. Robinson and Bob Taylor, Asso- ciate Editors. In addition, all students who have contributed and taken an active part in the pub- lishing of the Iournal will comprise the Board of Editors for 1951. Don Stearns carried through the job of Business Manager single-handed and was primarily responsible for all accomplishments in the business department. Handicapped by a lack of staff and facilities, he nevertheless mailed out copies of the Iozrrnal' to 900 alumni and sub- scribers. To handle the increased circulation for 1951 a business staff of three will be selected by the Board of Editors. Editors for the first issue of the Iournal were Booker, Graves, Fleming, Taylor, Robinson, and McKinnon.

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s LAW DAY N OBVIOUS lesson from this yearls Law Day is that a drizzle will shrink a three- dollar homburg every time. The only home game in three years when the rains came. We're only kidding, however, for in spite of cloudy weather the 1950 Law Day was a howling suc- cess from the very beginning. All barristers turned out magnificently Qif it pleases the court, we put the above picture in evidencej, many well-caned by the Brace Shop. With Rosenberg and Gppenheim braving the snarling crowd to save seats at the arena, enough of the lawyers sat together to distract from the tournament. Cheerful whistles and awed gasps accompanied the descent of the legal scholars upon the pro- letarian throng. Canes came in handy to tap aside the local peasantry and make way for the hatted Lipper class. Spirits soared proportionately to the amount of 7-up -as Duke carried the day to transcend PAGE 16 doughty Georgia Tech. No one doubted the outcome after the Dukes fought their way to the short end of a 21-0 score in the first eight minutes of play. Even calloused law professors were amazed at the comeback which the Devils staged to overcome the deficit and win handily. What cheer attended the Barristerls Ball. Ebul- lient laughter marked the joyous occasion, and raucous chuckles slyly followed BarHeld's apho- risms. Dancing both around, under, and over the tables furnished the principal entertainment Qas if anyone needed suchj. But the best thing about Law Day is that it gives us lawyers something in which to partici- pate as an entire unit, and a chance to enjoy the appearance of well-fed professionality without the nagging income tax problems that come with such success. From the faculty, after Law Day, a writg De Secta Ad Molendinum.