Veritas, Vol. 29, No. 06, March 1989

              NERIP4S
MARCH 1989 VOL. 29, NO. 6
FOR THE FACULTY AND STAFF OF THE UNIVERSITY OF MIAMI
Justice Brennan speaks about citizens’ suspicion of our legal system
“Are citizens justified in being suspicious of the law and the legal system?” was the question William J. Brennan, Jr, associate justice of the United States Supreme Court, put before members of the judiciary, law educators, students, and practitioners at the lecture presented by the School of Law January 27.
Brennan spoke at the fourth annual Robert B. Cole Distinguished Jurist Lecture, held at the UM/James L. Knight Conference Center The lecture series was established by the law firm of Mershon, Sawyer; Johnston, Dunwoody & Cole in honor of former partner Robert B. Cole.
Citizens’ suspicion of the law and legal system takes two forms, Brennan said: (1) the belief that the legal system is unfair to those less fortunate, and (2) die view that law is an obstacle to, rather than an instrument of, die creation of a just and generous society This second form of suspicion, he said, has an “even more ominous portent” because “it brings under a cloud the rule of law itself?’
“To overcome this distrust,” said Brennan, “society must provide freedom and equality of rights and opportunities in a realistic and not merely a formal sense to all the people of this nation. Furthermore, it is a moral imperative for all lawyers to become involved in this effort.
“Twenty years ago,” continued Brennan, “the increase in legal aid, neighborhood legal services, and public defender activities was an encouraging beginning We were beginning to understand that many current problems w-ill not yield to the traditional methods of solution through counseling negotiation, or judicial or administrative proceedings.”
Now, however; “the rosy beginning has dimmed,” according to the Supreme Court justice. “All too frequently, older lawyers view the task of remedying the inequities in our law and legal system as that of the young members of the bar The idea that the public sector should be serviced by young lawyers, while older; more experienced lawyers concern themselves only with more lucrative private practice is a pernicious one,” he said, “because the public sector sorely needs the talents and experience of the older practitioner.”
The 82-year-old Brennan maintained that legal education also has a responsibility Law schools must “produce the young lawyers who will be ready" to undertake the very- different and weighty- responsibilities our society thrusts upon them,” he said.
“Lawyers must respond not only as professionals, but also as citizens to rectify- the shortcomings of the legal system. If the credibility- and integrity- of our legal system are impugned by- the actions and omissions of lawyer-citizens, there will be no general support for the law-...over too many y ears we as lawy ers and as citizens stood idly- by- while minority- citizens were deprived of their most basic legal rights. How- can w-e expect much respect for the law in one who has seen how- readily- ev en lawy er-citizens tolerated such legal inequities? Why was it that when legal change finally came it was not initiated by lawy ers, but was forced upon the profession by the rebellion of thousands of yxxing students and the zeal of religious leaders like
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The Honorable William J. Brennan, Jr., Iassociatejustice of the United States Supreme Court, was the guest speaker at the fourth annualRobert B. Cole DistinguishedJurist Lecture hosted by the School of Law.
Martin Luther King Jr?”
Brennan cited the shortcomings of legislation and court decisions in effecting meaningful change as another cause of disaffected citizens’ cynicism of the law. “We must redouble chit own efforts by leading the effort for new legislation to achieve real equality,” he offered. “Legislation to date.. Jias cost us, the establishment, almost nothing Real equality w-ill cost us something Unless we are prepared to pay the price,” he cautioned, “all our good works in legal assistance programs, public defender offices, and the like are meaningless tinkerings which do little more than salve our consciences.”
In urging lawyers to constantly work to overcome the inequities in society Brennan advised, “Moral arguments backed by the hard facts about discrimination and deprivation are still the most potent force in the world, in the courtroom, in the legislatures, and in the cities.
“The longer the inequities in society remain unaddressed, the more heightened oppressed citizens’ protests wall be. There are still large segments of our population w-ho w ould keep the country ’s problems out of sight- The result is that disaffected groups feel they- must escalate their protests in order to be heard. Then some use these very protests as a smoke screen to hide the underly ing problems. But we cannot focus public attention on the lawiessness in the streets, and not on its causes—poverty and prejudice.”
Brennan concluded his address by- imploring law yers to take the lead in adapting the legal process for a just and equitable society: “That process,” he said, “w-ill not fail us if w-e try But w-e may- delay- no longer Let us begin.”
—Elizabeth McKey
Fall tuition increases 9.8 percent
The Board of Trustees recently approved policy recommendations establishing tuition and fees for the 1989-90 academic year Effective June 1,1989, tuition and fees for full-time undergraduate students will be $11,860, a 9.8 percent increase over the current academic year Tuition and fees at the graduate level, including medical and law schools, will increase by 9.9 percent
“The budget reflects our continuing commitment to increasing the quality of a UM education as stated in the University’s strategic plan,” explains Luis Glaser, executive vice president and prov ost. “Because UM is one of the first in the nation to announce its 1989-90 tuition and fees, it is not known how this change compares with the costs of others. How ev er it is quite reasonable to assume that most increases will be in the range of 6 to 11 percent.”
The adjusted undergraduate tuition will include all laboratory; sw-imming pool, student activities, and athletic fees. Room and board rates, while varying depending upon specific arrangements, w-ill increase by 8.6 percent, averaging $4,780 per year
Student revenues make up approximately- 30 percent of the cost of operating the University Other revenue sources include gifts, grants and contracts, and patient care at the University ’s hospitals and clinics as well as endowment, investment, and interest income.
“Increased revenues generated in 1989-90 w-ill be directed toward meeting the needs of faculty and staff compensation, student financial assistance, student sup>port services, improved facilities and equipment.
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