WEBVTT

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 to start off, I'll just introduce myself. I'm pam Stevenson and we are

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here at the um A A. S. U. Visitors
information center during an oral

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history interview for the living
history video project for Arizona State

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University retirees Association. It's
Thursday,

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23, 2003. And I'll let you introduce
yourself and give us your full name.

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And what was your title when you
retired from the issue? My name is Alan

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Matheson and I retired as a professor
of law at the College of Law and

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then we'll go back and get a little
background. Tell me about when you

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were born and where you were born. I
was born a long time ago in southern

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Utah and I was raised in Salt Lake
city Utah attended the schools there

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and then went on to the University of
Utah where I received all three of

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my degrees including law school?

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No, no, I was born in 1932 in the the
beginning of the Great Depression.

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And when I was born, my dad went to
collect the money he had saved to pay

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for my delivery and the bank had
failed. So I arrived without financial

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assistance with the dead already. With
the dead already? Um Well, tell me

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about, were you a good student? I
think so. I like to think so.

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Um when you went to college, did you
know then you wanted to go into law?

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What did you make that decision? I
didn't at first my father was a lawyer

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and though he was very successful, he
tried to discourage me from getting

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into it. He thought that I, my
interests and talents were better suited

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elsewhere and he didn't live long
enough to know that I was in the

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teaching of law, which would have
thrilled him. What did he think you

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should do? I'm not sure that he was
specifying anything in particular, but

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I think in his heart, he hoped that I
would be a university professor. I

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used to do both. Um tell me about what
prompted you to come down from Utah

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come down to Arizona. And the issue, I
was prompted by a phone call from

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President Homer Durham, who had been a
teacher of mine at the university

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of Utah many years before and he asked
me to come down and meet with him

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to consider the possibility of having
a position as his legal advisor and

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also a position at the new law school
which was just being founded. What

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were you doing at the time? I was
assistant to the President at Utah State

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University. So that would have been a
logical move to, you're already in

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the university system. Yes, yes, it
was. So what made you decide to go

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ahead move? I was pleased that the
idea of having more involvement with

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the law and with legal issues. And
this gave me that, I was also very

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intrigued with the thought of
participating in the new venture, the new

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law school, which was just starting
from scratch. And I also had enormous

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respect for homer Durham and thought
that working with him would be a

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wonderful experience as it was. And
what year was that? I came in mid year

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, I came in December of 1967. I was
hired before but my employer would not

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release me until december.

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It was a good time. However, that year
in 1967 such a heavy snowfall that

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we couldn't drive down 91 and come
through Flagstaff. We had to go by way

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of las Vegas.

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What was the issue like in 1967? Far
different institutions smaller, it

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was feeling its way it's graduate
program was started and under but it had

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not achieved great strength and
recognition. It was smaller in the sense

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that one could know people throughout
the campus. Uh huh. Had a nice,

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comfortable homey family feeling. Um
It was under the shadow then of the

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University of Arizona.

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It was kind of a step child to the
Arizona legislature at the time because

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the budget was in the hands of a
professor from the University of Arizona

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who doled out the money and in the
doling a issue came up short and it

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took many, many years for it to
achieve some sort of equity in that regard.

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So what was your first job of the
first title when you, I came as the

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assistant dean at the College of Law
and as the legal advisor to President

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Durham. However,

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that title of legal advisor was not
published and announced because at the

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time legal opinions for the university
and for the board of regions had to

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go through the Arizona state Attorney
General's office. And so I was an

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unofficial legal advisor. And how big
was the College of Law? Was it

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actually an official college of Law at
that time we, the College of Law

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had been organized and I came During
the first semester. The doors of the

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college were opened in the fall of
1967 and I arrived in december. So it

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was a class of very courageous young
people Who allied themselves with an

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unknown quantity of brand new law
school. There were approximately 120 of

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them. Why do they actually want to
have a law school?

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I'm not certain, but I'm assuming that
it was because it added some

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stature. Uh, and I am told perhaps
this is anecdotal that the law school

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is here as a booby prize because just
before I came there was a rivalry

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with respect to the location of the
medical school and the University of

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Arizona had the health services
curriculum and phoenix had the hospital

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facilities and there was a tussle
between the cities as to where the

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medical school would go. But the board
of Regents moved it to Arizona and

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the story is that homer Durham in his
briefcase to that meeting brought

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out or had in his briefcase a plan for
law school brought it out and

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presented it. And after the regions
have decided on the medical school at

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Tucson, they were more receptive to
the request for law school. What does

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it take to start a law school? It
takes uh,

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talented people, it takes a lot of
patients and it takes financial

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assistance.

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And the Homer Durham was instrumental
in starting a solid, successful law

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school by recruiting as the founding
dean. Willard Pedrick from

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Northwestern Law School and he was the
first appointee and he said the

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most successful year of his deanship
was that first year because he had no

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faculty, no students and no alumni to
respond to. But pad recruited uh,

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Amazingly one of the strongest law
faculties in the country. Ed Clary from

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Illinois, Richard Heflin from
Wisconsin. Harold havoc, hurst from

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Northwestern William Canby, who is now
the 9th circuit federal judge as

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our young Higher and so on that. That
ensured that the college would

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succeed because of the quality and the
experience and the respect for

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those appointees.

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And what was your role then? What did
you actually do? My role as

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assistant dean was basically to help
Pedrick with matters such as

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scheduling, assigning classes of kind
of the academic support, assigning

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classes to professors, meeting with
students, helping the students

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organize into groups, that kind of
thing handling the budget, handling

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administrative details to free the
dean too, raise money to speak and to

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promote the law school and where was
the law school? The law school

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started in the Old Matthews Library,
which is on the mall opposite the

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liberal arts building. It's now the
museum location and the law school was

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given a couple of places, one
classroom and a few offices in that building.

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And when I came I was housed in an
office interestingly that it had no no

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ceiling and it it was adjacent to the
classroom where held Harold have

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accursed was teaching contracts. This
distinguished gentleman who had been

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deemed at Northwestern and on the
other side of my office was a philosophy

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class taught by Morris Starsky, who
was a very controversial figure in

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Arizona State's history. So I had this
very liberal education because I

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had the dignified dean teaching
contracts on one side with no barrier and

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or Starsky ranting on the other side.
So it was an interesting place. We

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were at the Matthews Library there
from september until february and after

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the university appointed Pedrick as
Dean, it moved immediately to provide

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a new building for the law school at
its present site And that building

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was ready in and dedicated in February
of 1968. And so my very first

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assignment as assistant team was to
help organize the details of that

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dedication. We had a special
conference at the law school banquets, Other

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events to hail the opening of the
school was very quick well Pedrick was

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appointed in 1966,

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so at that time, the school had
committed some resources at the time?

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There was a higher education act and
some federal money came as matching.

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But it moved with alacrity and the
building was amazingly inexpensive.

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Could not have been built for for that
price at other times.

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Mhm. Did you think at the time that
you came here, were you planning to

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stay and make your career? I did not
have that thought. As I came, I

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thought it would be a very interesting
experience. But quite frankly, I

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didn't expect to remain in in Arizona
for the rest of my life. But I have

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done so what what what what brought
that about? How did your career

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progress from that first, from the
first year it's been at the law school

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except for one year, I progressed from
the assistant dean, an assistant

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professor, to associate dean and
professor. And then I became acting dean

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at a time when our second dean, Ernest
Gellhorn left suddenly after two

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years here accepted the deanship at
another place and I was appointed as

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acting dean. And then after a search
was conducted, I was appointed as the

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regular dean and served For five years
in that capacity 1979

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to 1984.

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And then I stepped back to being a
full time teacher.

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And after that I was called back to be
interim dean on four occasions. So

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I've been for the most part teaching
lit la classes and very happily

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teaching them and also serving in
temporary times as the law school

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administrators to stand by Dean
standby Dean, I suppose. Why is that

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fortuitous events?

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A new dean was appointed at one time
and could not come until february. So

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there was a semester and no one was
available. So they asked me to stand

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in for the semester. And then when our
most recent dean was appointed,

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Patricia White, um, there was a gap
because our former dean Richard morgan

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, had suddenly accepted a position in
Nevada to start a new law school

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there. And

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for some reason the university turned
to me and I served as dean for a

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year and a half an interim dean. Uh
huh. Patricia White was unable to come

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at the first of the year. She came in
january And she has served for

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nearly five years and you served for
five years. Did you enjoy being dean

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or why did you step down for me? I
enjoyed it very much. For the most part

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, there's something appealing about
leading a group of bright able people

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and hoping that one might have some
positive impact upon an enterprise for

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which one has great respect and
affection. Uh, my feeling was that five

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years was a sufficient time. There is
a time to go into a deanship at a

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time to come out and I felt the time
had arrived that I had done what I

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thought I could and I thought it was
time for a new person to come into

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the office.

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Are there any highlights as you think
back over your career? That

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particularly memorable events?

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I think the dedication of the law
school for one

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that was it the Gammage Auditorium and
we had invited the leaders of the

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state and the legal profession and
others. And the main speaker was then

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Chief Justice Earl Warren of the
United States Supreme Court because he

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was there and because he was
controversial, I remember that I received

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threatening phone calls from the
citizens of Arizona who were upset

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because we were tainting the school by
having Earl Warren appear and the

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governor of the state of Arizona
refused to come and sit on the same stage

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with the Chief justice

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Jack Williams while the Chief justice
was giving his dedic a torrey speech.

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Vans moved along Apache boulevard and
around two mil with big signs on

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impeach Earl Warren. But this
wonderful gentleman stood up as though he

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were in his own yard or home, spoke
beautifully and there was a the

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auditorium was filled to capacity and
gave him a rounding standing ovation

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around standing ovation. So that was
and then we had the longest academic

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procession ever I think because the
line of robed representatives moved

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from Gammage Auditorium all the way
over to the new law school on the then

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east side of the campus and then there
was a delicate ori ceremony that

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was very interesting and we had former
Dean of Harvard Law School Erwin

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Griswold was the speaker and his pet
was introducing him he said and the

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speaker is Dean Ernest Griswold of
Harvard and then he was solicitor

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general of the United States So that
he is the recipient of 31 honorary

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degrees and he bent over and said 32.

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The dedication was fine.

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In 1977 the school had been in being
very short time. There was a ranking

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of law schools by U. C. L. A. On
various bases and that study included a

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issue. This brand new law school among
the top 20 law schools in the

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country and the most innovative law
school in the country. That was that

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was exciting great satisfaction in
being a part of the new law school, the

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Camelot period with these wonderful
persons talented gentlemen, there were

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no women at the time on the faculty.
But it was a wonderful period in

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terms of establishing policy for the
law school, watching it grow,

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responding to that growth, interacting
with members of the legal

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profession and state officials and and
watching it having

00:17:10.240 --> 00:17:13.707
accreditation come as early as that
was possible from the American Bar

00:17:13.740 --> 00:17:18.296
Association. Just watching it grow and
develop and become a mainstream

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respected law school. When did you get
the accreditation accreditation

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came with? As the first class was
graduating. So they were able to

00:17:28.839 --> 00:17:32.467
graduate from accredited law school by
the american Bar association which

00:17:32.500 --> 00:17:37.347
allowed them to take the bar exam in
Arizona and throughout the country.

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If that accreditation had not come
when it did, then they would not have

00:17:41.529 --> 00:17:46.736
been able to sit for those exams. I
imagine that also unable to get a

00:17:46.769 --> 00:17:51.207
better caliber of students. Oh yes. Oh
yes, potential lawyers are always

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thinking about where their degree is
going to be from. That's true, the

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law school

00:17:56.829 --> 00:18:00.306
served a need because even though
there was a law school in Tucson for

00:18:00.339 --> 00:18:04.076
many years at the University of
Arizona, there were some students who

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could not leave town, they were tied
here by spouses or work or whatever.

00:18:09.740 --> 00:18:14.266
And in those first classes we had some
outstanding people, more mature

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students who had this opportunity to
go to law study and took advantage of

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it. It was a very interesting time.
Can you think of any particular

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students that stand out in your mind?
Oh, there are lots of students who

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stand out, you're putting me on the
spot, included in that first class was

00:18:34.029 --> 00:18:38.836
Michael Gallagher, who is the uh
senior partner and founder of the major

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firm in the, in the city of Gallagher
and Kennedy, uh Sarah Grant who

00:18:45.150 --> 00:18:51.967
became a judge on the Court of
Appeals. Uh and a few classes later, Ruth

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McGregor who is now a justice on the
Arizona Supreme Court. Three of the

00:18:56.589 --> 00:19:00.056
five justices on the Supreme Court are
graduates of our law school,

00:19:00.089 --> 00:19:06.167
including ruth Rebecca birch from a
later class. Uh huh and the most

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recent appointee,

00:19:09.740 --> 00:19:13.657
but we're very proud of those, those
people who is the most recent

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deployment. Uh and I have a memory
lapse here. It's no, Andy Hurwitz was

00:19:21.750 --> 00:19:25.576
was a teacher at the school part time
teacher but was never a full time

00:19:25.609 --> 00:19:32.187
member of the faculty. I will, I will
remember the name and he was not too

00:19:32.220 --> 00:19:36.177
long. No. And he is the more recent
actually. He is the most recent, the

00:19:36.210 --> 00:19:42.187
one before that fine man. And I I'm
embarrassed but I don't remember this

00:19:42.220 --> 00:19:48.506
time. It will come to you. Um you
mentioned that the original faculty was

00:19:48.539 --> 00:19:52.607
all men. What about the students?

00:19:52.640 --> 00:19:58.167
Initially a few women In the entering
class of 120 some I think we had six

00:19:58.200 --> 00:20:05.107
women and in subsequent years, I think
it went down to three at one time.

00:20:05.140 --> 00:20:11.897
Ah And now there are times when the
class has a majority of women. And how

00:20:11.930 --> 00:20:16.506
about the faculty? The faculty has
several women, fortunately. Our, our

00:20:16.539 --> 00:20:22.607
dean is a woman. Our librarian as a
woman and the directors of our legal

00:20:22.640 --> 00:20:28.566
clinic is a woman. The director of our
indian law program is a woman and

00:20:28.599 --> 00:20:32.717
we're delighted to have that diversity
and talent and that's been a major

00:20:32.750 --> 00:20:37.907
change in the legal profession. It has
and in law schools,

00:20:37.940 --> 00:20:43.107
I suggest that perhaps now a majority
of students attending law schools.

00:20:43.140 --> 00:20:48.167
Our female at the present time. Did
you ever expect that to happen? I

00:20:48.200 --> 00:20:53.556
hoped it would as we started, it was
hard to see that that was the way it

00:20:53.589 --> 00:20:59.127
was going to go at the time. Not too
many women, young women had thought

00:20:59.160 --> 00:21:06.006
of themselves as lawyers or had
thought of pursuing illegal education.

00:21:06.039 --> 00:21:11.756
And so I think it came as women
realized that their opportunities were

00:21:11.789 --> 00:21:17.816
unlimited and we're encouraged to go
to a professional schools and take

00:21:17.849 --> 00:21:24.107
advantage of the opportunities
available to

00:21:24.140 --> 00:21:27.006
Okay,

00:21:27.039 --> 00:21:34.207
Mike Ryan is the other graduate fine
fine man who has been Superior Court

00:21:34.240 --> 00:21:40.240
judge in the Court of Appeals judge
and is on the Arizona Supreme Court.

00:21:42.740 --> 00:21:44.740
Let's see. Talk to cover a lot of these questions. Um, what are you

00:21:46.500 --> 00:21:54.500
proudest of of your career here at the
issue

00:21:57.839 --> 00:22:03.627
teaching and at times teaching very
effectively. I think in terms of

00:22:03.660 --> 00:22:08.796
evaluations that's been probably the
single most a significant part of my

00:22:08.829 --> 00:22:14.107
being here. Uh huh serving as Dean.

00:22:14.140 --> 00:22:19.707
That meant a great deal to me and it
gave me an opportunity to lead this

00:22:19.740 --> 00:22:24.637
enterprise. Something like I had not
thought of it anytime before it

00:22:24.670 --> 00:22:31.076
happened. And then I had an
interesting change of pace one year, I was

00:22:31.109 --> 00:22:35.546
president of the faculty Senate and
housed another office building Dixie

00:22:35.579 --> 00:22:40.367
damage hall. And and have the
experience of leading the Senate at that

00:22:40.400 --> 00:22:47.207
time. That was also an interesting and
important aspect of my career here.

00:22:47.240 --> 00:22:51.516
That was very different, very
different. Absolutely, several of the

00:22:51.549 --> 00:22:56.736
people we've interviewed have done
that. So, um tell me about teaching.

00:22:56.769 --> 00:23:02.526
What, what did you teach and I'm still
teaching by the way. Uh I have

00:23:02.559 --> 00:23:09.457
taught constitutional law,
administrative law, education law and community

00:23:09.490 --> 00:23:17.367
property. Uh My favorite is
constitutional law. I can't imagine a subject

00:23:17.400 --> 00:23:21.496
that would be more interesting and
challenging than that particular

00:23:21.529 --> 00:23:27.107
subject. I just revel in teaching uh
individual rights, constitutionally

00:23:27.140 --> 00:23:33.806
protected rights, constitutionally
protected rights. That has been a dream

00:23:33.839 --> 00:23:39.086
so far as teaching is concerned, it's
easy to relate that to students. The

00:23:39.119 --> 00:23:46.306
students respond positively. It is
timely because it's changing, its

00:23:46.339 --> 00:23:51.717
interesting to watch the interplay of
the justices and the impact of

00:23:51.750 --> 00:23:56.907
having a new justice appointed and
politics behind appointments and so on.

00:23:56.940 --> 00:24:02.177
It's just a fascinating area and that
has been a standout in my, in my

00:24:02.210 --> 00:24:05.657
teaching career. And you say you're
still teaching you, obviously you

00:24:05.690 --> 00:24:10.217
don't have to do that. I I teach part
time, I do not play golf or have

00:24:10.250 --> 00:24:15.907
other activities attracting me to
spend time away from the school.

00:24:15.940 --> 00:24:22.207
Teaching is my advocation as well as
my location. So I teach half time and

00:24:22.240 --> 00:24:25.506
enjoy doing that.

00:24:25.539 --> 00:24:29.157
You served under quite a few of the
president's going to talk about a

00:24:29.190 --> 00:24:35.607
little bit about some of them and
surely homer Durham had been my teacher

00:24:35.640 --> 00:24:43.107
and mentor earlier on and I I believe
that he was responsible for

00:24:43.140 --> 00:24:47.457
basically the graduate program at
Arizona State University Moving it from

00:24:47.490 --> 00:24:52.887
a rather modest institution towards
becoming a mature, great institution.

00:24:52.920 --> 00:24:58.986
I think he deserves more credit than
he has received past an amazing

00:24:59.019 --> 00:25:04.887
person, very talented person. He was
succeeded for just two years by Harry

00:25:04.920 --> 00:25:08.677
New Bern. I had a wonderful
relationship with him, had a great deal of

00:25:08.710 --> 00:25:12.917
respect for him. He had been dean of
the College of Education and then

00:25:12.950 --> 00:25:17.076
filled in for the two years. And I
believe john Schwab to was the

00:25:17.109 --> 00:25:19.107
president,

00:25:19.140 --> 00:25:23.167
I believe he was brought in by the
regions to kind of quell student unrest

00:25:23.200 --> 00:25:29.266
at least. That's the, that's the view
of many on the faculty. Uh, john was

00:25:29.299 --> 00:25:34.976
a fine person and it was he who
appointed me as dean. So I, oh him that

00:25:35.009 --> 00:25:39.857
that privilege. He was succeeded by
Russ nelson, very effective president

00:25:39.890 --> 00:25:46.217
, worked well with him, served on in
many capacities. He kept appointing

00:25:46.250 --> 00:25:51.147
me as chair of searches for various
university officers and served well

00:25:51.180 --> 00:25:59.180
with him and then Laddie Corps became
president and I have

00:25:59.539 --> 00:26:04.726
unbridled admiration for Laddie core.
He was the spokesperson and very

00:26:04.759 --> 00:26:10.066
effective spokesperson for higher
education in the state. He supported

00:26:10.099 --> 00:26:15.720
faculty governance as I think no other
president among those I have named.

00:26:16.539 --> 00:26:18.539
He had an open door, bright, good sense of humor, very effective in

00:26:23.869 --> 00:26:29.246
carrying the university's message And
I think in his 11 years moved the

00:26:29.279 --> 00:26:37.279
school another stage upward, Each of
the president's made his contribution.

00:26:37.440 --> 00:26:43.347
But in those 11 years, letty core
remade issue and made it attractive to

00:26:43.380 --> 00:26:48.806
the present president, Michael Crump

00:26:48.839 --> 00:26:53.586
among those years. It's quite a span
of time that you've been here. Are

00:26:53.619 --> 00:26:58.607
there any particularly troubled times
that comes to mind

00:26:58.640 --> 00:27:05.157
the troubled times that come to mind
deal with budgets strangely enough or

00:27:05.190 --> 00:27:10.127
perhaps not so strangely as I was
dean, we would the university would

00:27:10.160 --> 00:27:14.857
receive its appropriations from the
legislature. The university in turn

00:27:14.890 --> 00:27:20.276
would give it allotment to the law
school. And then at mid year when

00:27:20.309 --> 00:27:23.957
finances in the states were
deteriorating, we would be asked to make

00:27:23.990 --> 00:27:29.607
midyear cuts after we had made our
plans, hired our people and it was very

00:27:29.640 --> 00:27:32.006
painful

00:27:32.039 --> 00:27:35.617
and that occurred. I think every year
I was dean, I would never have the

00:27:35.650 --> 00:27:41.697
luxury of having the allotment, the
budget maintained throughout the year

00:27:41.730 --> 00:27:44.847
so that we could do what we wanted to
do. I think that probably was the

00:27:44.880 --> 00:27:48.367
whole point.

00:27:48.400 --> 00:27:52.726
Were you here during some of the war
protests, I was here. The war

00:27:52.759 --> 00:27:59.207
protests at issue were rather subdued.
I think there was

00:27:59.240 --> 00:28:05.907
a fire bomb thrown on a roof. And
there was a great deal of publicity

00:28:05.940 --> 00:28:11.937
about MR Starsky. Professor Starsky
attending a war protest meeting in

00:28:11.970 --> 00:28:16.526
Tucson that ultimately led to his
dismissal by the board of regions over

00:28:16.559 --> 00:28:21.207
the recommendation of the faculty and
the President of University and the

00:28:21.240 --> 00:28:27.847
courts ultimately held in favor of MR
Starsky on this matter. But there

00:28:27.880 --> 00:28:33.566
wasn't a rolling wave of student
protests as there was on many other

00:28:33.599 --> 00:28:36.006
campus.

00:28:36.039 --> 00:28:39.927
I know sometimes during that period to
there are also some of the chicano

00:28:39.960 --> 00:28:45.607
students. Yes. Through the
organization called Nature.

00:28:45.640 --> 00:28:49.927
In fact, one of our graduates who is
now a legislator was the leader of

00:28:49.960 --> 00:28:55.806
that organization early on and that
group protested.

00:28:55.839 --> 00:29:00.617
Okay. The one issue that I recall,
there were several, one was that the

00:29:00.650 --> 00:29:05.607
university had a contract with the
linen service that allegedly mistreated

00:29:05.640 --> 00:29:08.407
its employees or didn't pay them
enough. And that was a big issue on the

00:29:08.440 --> 00:29:15.217
campus and then moves to secure more
hispanic teachers and staff members

00:29:15.250 --> 00:29:22.917
and so on. But the the protests were
generally orderly. I think there were

00:29:22.950 --> 00:29:27.697
also some student moves that moved
right into the administration building

00:29:27.730 --> 00:29:33.627
on occasion, right into the
president's office. Mhm. President Durham met

00:29:33.660 --> 00:29:37.796
, invited them in as a gentleman he
was and talked with them and and the

00:29:37.829 --> 00:29:43.016
score them out. Uh That was probably
the extent of the activity. Were you

00:29:43.049 --> 00:29:46.036
involved at all? Yes.

00:29:46.069 --> 00:29:49.197
Yes. I was invited to come over and
see what was appropriate under the

00:29:49.230 --> 00:29:55.107
circumstances. one of the group's
wasn't the major group pitched tents,

00:29:55.140 --> 00:29:59.306
pup tents on the lawn in front of the
administration building in protest.

00:29:59.339 --> 00:30:07.339
I don't recall. We had a marvelous
director of security who handled that

00:30:08.349 --> 00:30:14.316
beautifully had been an FBI director
and he handled it well well, I

00:30:14.349 --> 00:30:18.907
remember one other incident that I
probably shouldn't mention and that was

00:30:18.940 --> 00:30:24.816
at the time. American troops moved
into cambodia. Students were aroused

00:30:24.849 --> 00:30:32.357
and they marched over to the campus
flagpole which was located west of the

00:30:32.390 --> 00:30:37.576
present administration building. And
they demanded that the flag be

00:30:37.609 --> 00:30:43.607
lowered to half mast and the
university officials thought it inappropriate.

00:30:43.640 --> 00:30:51.437
But our director of law enforcement
said lower the lower the flag which

00:30:51.470 --> 00:30:56.286
they did. The students were satisfied
and left. But that action so

00:30:56.319 --> 00:30:59.877
antagonized the governor of the state
of Arizona that not only to

00:30:59.910 --> 00:31:03.397
reprimand the institution, but he
demanded that the regions include a

00:31:03.430 --> 00:31:09.546
section in the student code of
conduct, that one of the actions for which

00:31:09.579 --> 00:31:13.586
sanctions would be imposed at lowering
the flag to half staff without the

00:31:13.619 --> 00:31:17.006
permission of the governor.

00:31:17.039 --> 00:31:24.407
Do you remember anything about a sit
in with the ROTC? I do. I do.

00:31:24.440 --> 00:31:32.440
The present Factory University club
was originally, as I recall the second

00:31:33.440 --> 00:31:39.806
building on the campus after old main
This is adjacent to it and In the

00:31:39.839 --> 00:31:47.536
1970s, early 1970s, late 60s as I
recall, it was used as an art annex and

00:31:47.569 --> 00:31:54.316
a group of students. He was
protesting, I believe the war and they

00:31:54.349 --> 00:32:00.707
occupied the outside stair well which
was on the facade of the building

00:32:00.740 --> 00:32:06.726
and they camped there and they threw a
banner that was largely read over

00:32:06.759 --> 00:32:10.566
the railing and said they were going
to stay there. The university didn't

00:32:10.599 --> 00:32:14.927
know what to do and they asked me and
they finally called the county

00:32:14.960 --> 00:32:20.266
attorney for some help because
citizens were coming and they were

00:32:20.299 --> 00:32:24.546
aggravated, antagonized by the fact
that students were taking over a

00:32:24.579 --> 00:32:31.597
building and they threatened to go
after them, perhaps do them harm. And

00:32:31.630 --> 00:32:35.847
so the university called moist burger
of the Van County attorney. I said,

00:32:35.880 --> 00:32:40.746
what can we do, what can we charge
these people with? And he apparently

00:32:40.779 --> 00:32:43.887
pulled down the Arizona revised
statutes and thumbed through and said,

00:32:43.920 --> 00:32:51.526
well, you can you can arrest them for
flying a flag, a red flag in support

00:32:51.559 --> 00:32:55.806
of overthrowing the government of the
United States.

00:32:55.839 --> 00:33:02.127
And so the university police officers
came and arrested the students and

00:33:02.160 --> 00:33:08.957
took them down to jail. What the
county attorney had not read in his

00:33:08.990 --> 00:33:14.917
pursuit of an issue for a reason to
rest was that that statute was

00:33:14.950 --> 00:33:19.597
unconstitutional and had been declared
unconstitutional. An identical

00:33:19.630 --> 00:33:24.266
statue in California in the early
1930s. So it was kind of an interesting

00:33:24.299 --> 00:33:31.107
turn, the students were released. That
was the end of the incident.

00:33:31.140 --> 00:33:35.187
It's an interesting interesting one,
probably should have called in more

00:33:35.220 --> 00:33:39.756
of the law school should have done so
absolutely, somebody in

00:33:39.789 --> 00:33:44.776
Constitutional Law during this period
too, Not necessarily in war protests

00:33:44.809 --> 00:33:50.397
, but other protests in the 60s and
70s, the law school was new and the

00:33:50.430 --> 00:33:57.637
law school was committed to speech and
openness. And so the law school was

00:33:57.670 --> 00:34:02.316
the site of for many speakers and
groups to come controversial because

00:34:02.349 --> 00:34:06.607
other divisions of the university did
not want to be tarred with the fact

00:34:06.640 --> 00:34:09.447
that they had invited someone
controversial. So they asked to use the

00:34:09.480 --> 00:34:15.546
Great Hall at the law building and it
was full of uh controversial

00:34:15.579 --> 00:34:23.579
speakers. Oh yes, Angela Davis one and
speaker with respect to legalizing

00:34:24.159 --> 00:34:28.506
marijuana persons. And that's

00:34:28.539 --> 00:34:31.816
you were talking about the chicano
movement you wanna name who was the

00:34:31.849 --> 00:34:36.686
leader of that? Was Ben Miranda. He's
now representative in the Arizona

00:34:36.719 --> 00:34:41.177
House of Representatives. Isn't joe
Eddie Lopez involved. It might have

00:34:41.210 --> 00:34:45.916
been I don't

00:34:45.949 --> 00:34:53.157
yes, I I didn't know him. Um, pam I
had there was wasn't there a big

00:34:53.190 --> 00:35:00.517
controversy with the state press where
the newspaper was the university

00:35:00.550 --> 00:35:04.617
paper was eventually stopped or
started again. I'm trying to think that

00:35:04.650 --> 00:35:08.367
there was and I'm not sure I'm
acquainted with all the details. I do know

00:35:08.400 --> 00:35:11.776
that the university was embarrassed by
something was said, the state

00:35:11.809 --> 00:35:15.736
legislators read the state press and
the Arizona Wildcats daily has been

00:35:15.769 --> 00:35:19.927
when I've been down the legislature on
their desks or these papers and

00:35:19.960 --> 00:35:23.876
they were upset about something. What
has happened with the state press

00:35:23.909 --> 00:35:28.026
and with college newspapers around the
country at public schools is

00:35:28.059 --> 00:35:32.256
basically that there they're just
declared independent. The university

00:35:32.289 --> 00:35:37.986
though, supplying money from the
student fees has renounced responsibility

00:35:38.019 --> 00:35:41.747
for them, basically. There used to be
a an advisor and there used to be a

00:35:41.780 --> 00:35:47.686
board that would review the material,
but that infringed upon what is

00:35:47.719 --> 00:35:52.557
known as prior restraint and
censorship. And so now the state press is

00:35:52.590 --> 00:35:55.867
basically this independent makes its
own decisions, publishes what it

00:35:55.900 --> 00:36:00.606
wants and then is responsible should
it go over the line,

00:36:00.639 --> 00:36:04.546
the College of Law get involved in
any, you know, we haven't been, Ed

00:36:04.579 --> 00:36:09.236
Clary was called the chair committee I
think at the time of this problem

00:36:09.269 --> 00:36:12.157
with the state press and made some
recommendations I think one of which

00:36:12.190 --> 00:36:17.776
was cut it loose, let it be
independent and and go from there. Um you

00:36:17.809 --> 00:36:22.657
mentioned some of the changes at the
school of the the native american

00:36:22.690 --> 00:36:29.267
legal. Were you involved in
developing? Yes, well somewhat. Uh well, while

00:36:29.300 --> 00:36:32.517
I was denied, I was involved in the
creation of another special program at

00:36:32.550 --> 00:36:35.307
the law school which I should have
mentioned earlier. In response to your

00:36:35.340 --> 00:36:40.106
question is the center for the study
of Law, Science and Technology. And

00:36:40.139 --> 00:36:47.037
we have added faculty members with
special competence in the sciences as

00:36:47.070 --> 00:36:51.247
well as in law. And this is developed.
We have a special journal,

00:36:51.280 --> 00:36:55.916
geometrics it's called, which is
published by the section on Law Science

00:36:55.949 --> 00:37:00.526
and technology of the american Bar
Association. It's edited by a member of

00:37:00.559 --> 00:37:05.947
our faculty and by students who serve
as editors for the journal. We

00:37:05.980 --> 00:37:10.776
sponsor important projects and we now
have a relatively new faculty

00:37:10.809 --> 00:37:16.097
marinara member Gary martin who has a
degree in genetics as well as law

00:37:16.130 --> 00:37:21.267
and who heads that center. And we
have, he just received a half million

00:37:21.300 --> 00:37:28.856
dollar grant. Uh and he, in
cooperation with scientists on the campus is

00:37:28.889 --> 00:37:36.197
examining ah foods development, foods,
the controversy about

00:37:36.230 --> 00:37:42.617
special foods that are altered and so
on. It's it's a very interesting

00:37:42.650 --> 00:37:49.747
place and the agenda is growing.
Always the other special program is the

00:37:49.780 --> 00:37:55.097
indian law program. This was created
by my successor as dean paul bender

00:37:55.130 --> 00:38:03.086
and it has as its goals providing
instruction in India law. And we may

00:38:03.119 --> 00:38:11.017
have to native american faculty
members plus the ah a faculty member who

00:38:11.050 --> 00:38:15.526
is not an indian but is the guru of
indian education research in the

00:38:15.559 --> 00:38:21.546
country bob clinton. We, as part of
the program have attracted many native

00:38:21.579 --> 00:38:25.936
american students to the law school.
We now have more native american

00:38:25.969 --> 00:38:29.307
students than any other law school in
the country, including the

00:38:29.340 --> 00:38:34.736
University of Oklahoma and the
University of New Mexico. And we sponsor

00:38:34.769 --> 00:38:40.197
research and outreach. And so we have
developed relationships with the

00:38:40.230 --> 00:38:44.847
representatives from the tribes in
Arizona. We conduct special programs of

00:38:44.880 --> 00:38:50.506
importance such as gaming. Uh at the
indian reservations, there's an all

00:38:50.539 --> 00:38:55.336
day program tomorrow on religion and
the tribes in Arizona that will

00:38:55.369 --> 00:38:59.117
attract several 100 people. Think a
lot of people don't realize that the

00:38:59.150 --> 00:39:05.296
tribe, tribal courts have tribal
courts and many of our native american

00:39:05.329 --> 00:39:10.586
students have come and now hold
important positions all over the country,

00:39:10.619 --> 00:39:16.916
lawyers in Washington D. C. State of
Washington, members of law firms in

00:39:16.949 --> 00:39:22.227
phoenix and Nebraska and elsewhere.
It's been very satisfying to watch

00:39:22.260 --> 00:39:26.336
that program developed and evolved.
Tribal courts have evolved to be more

00:39:26.369 --> 00:39:31.876
formal courts. They started, they have
and we have provided instruction

00:39:31.909 --> 00:39:36.836
and that indian law program
unofficially started with William Canby, Judge

00:39:36.869 --> 00:39:42.316
Canby who taught in the law when he
was first on the faculty and it

00:39:42.349 --> 00:39:47.586
evolved into the formal program.
Later.

00:39:47.619 --> 00:39:52.537
Anything else like that that you
thought of that? I don't believe so. Well

00:39:52.570 --> 00:39:58.006
one aspect of the law program which I
think it's not unique to Arizona

00:39:58.039 --> 00:40:00.927
state but it's an important aspect and
we've emphasized the right from the

00:40:00.960 --> 00:40:06.456
first is the clinical program. This
means that supplementing or

00:40:06.489 --> 00:40:12.236
complementing the academic side and
the classwork is an in house clinic

00:40:12.269 --> 00:40:16.217
where students come and under the
supervision of attorneys who are members

00:40:16.250 --> 00:40:21.856
of the faculty, take live clients and
pursue their legal claims through

00:40:21.889 --> 00:40:28.477
the courts or the agencies. We have
the one in house clinic, we have a

00:40:28.510 --> 00:40:33.177
that's a civil clinic and we have a
public defender criminal clinic. We

00:40:33.210 --> 00:40:37.186
have a prosecutor clinic, not in the
school but our students are placed

00:40:37.219 --> 00:40:44.307
out with the city of phoenix Mesa
Tempe and so on and they try cases. This

00:40:44.340 --> 00:40:50.807
program is is approved by the Supreme
Court of Arizona which allows us to

00:40:50.840 --> 00:40:55.347
certify students to try these cases to
pursue and to act as attorneys

00:40:55.380 --> 00:40:59.026
under the supervision of our law
professors. That has been a very

00:40:59.059 --> 00:41:05.606
satisfying and very popular element in
our, in our program. Worthwhile

00:41:05.639 --> 00:41:10.827
part of it. Mhm. Um tell us a little
bit about just how you've seen a

00:41:10.860 --> 00:41:15.876
issue change. And the college of the
obviously

00:41:15.909 --> 00:41:19.796
part of that I have answered
previously, the College of Law has changed

00:41:19.829 --> 00:41:25.717
from this new enterprise where we're
kind of groping our way and trying to

00:41:25.750 --> 00:41:31.977
find our way to respectability to law
school that's in the mainstream,

00:41:32.010 --> 00:41:35.577
that is respected.

00:41:35.610 --> 00:41:41.606
Has these specialties that add to the
statue of the school, has graduates

00:41:41.639 --> 00:41:47.677
now gracing the courts and the law
firms and government. The Attorney

00:41:47.710 --> 00:41:51.686
general terry Goddard is a, this is
one of our graduates, the former

00:41:51.719 --> 00:41:59.719
Secretary of State, Dick Mahoney. It's
one of our graduates and so on. It

00:41:59.949 --> 00:42:05.666
has it has arrived. Uh Yes, you

00:42:05.699 --> 00:42:10.717
in some respects was And I don't need
to overstate but it was quiet and

00:42:10.750 --> 00:42:16.356
modest in a way in the 60s, it was
blossoming. It had this revolutionary

00:42:16.389 --> 00:42:22.137
change of having the name changed from
college to university. And as I

00:42:22.170 --> 00:42:26.057
recall, the only institution in the
country where this was done by vote of

00:42:26.090 --> 00:42:30.907
the citizens because the region's
again, would not approve it and the

00:42:30.940 --> 00:42:34.657
state legislature would not approve
it. And so under greater damage. Jim

00:42:34.690 --> 00:42:39.206
Cressman and others led the charge and
it was, it was achieved shouldn't

00:42:39.239 --> 00:42:43.236
have been that difficult, but it was.
So it had the name and then it had

00:42:43.269 --> 00:42:50.367
to build its programs to match the
name university. And

00:42:50.400 --> 00:42:54.046
I, I think the most dramatic change
has been in the quality of the

00:42:54.079 --> 00:43:00.936
institution and in the emphasis on
research and the rather dramatic change

00:43:00.969 --> 00:43:08.969
in the program of research in its
size, in its dimensions, in its variety.

00:43:09.199 --> 00:43:13.747
Mhm. This is a major research
institution And a few years ago under

00:43:13.780 --> 00:43:19.186
President Corps became a research one
institution. This is just absolutely

00:43:19.219 --> 00:43:24.057
amazing. There was research done in
former years and some of it. Very good

00:43:24.090 --> 00:43:29.586
research. I was impressed with the
quality of the faculty at the time I

00:43:29.619 --> 00:43:34.367
came. I'm impressed with the quality
of the faculty Now. I think the major

00:43:34.400 --> 00:43:41.927
emphasis now is upon research more
than it was at the time I came. But I

00:43:41.960 --> 00:43:48.307
see also this reaching out to the
community having the institution as a

00:43:48.340 --> 00:43:55.367
force for contributing to the economy,
not just America County, but

00:43:55.400 --> 00:44:01.856
throughout the state and beyond. And I
think that there is

00:44:01.889 --> 00:44:06.956
will continue to be enormous growth in
this institution. This, I think

00:44:06.989 --> 00:44:12.276
that the title we now favor is major
Metropolitan Research University and

00:44:12.309 --> 00:44:16.197
that's what it is. And with the
satellite in the east and the satellite in

00:44:16.230 --> 00:44:22.256
the west and with the prospect of
thousands upon thousands more students.

00:44:22.289 --> 00:44:25.967
This is going to be, if not the
largest public university in the country

00:44:26.000 --> 00:44:33.956
, one of the largest and if it has the
resources and the will, there's no

00:44:33.989 --> 00:44:39.227
no stopping it about the College of
law. Do you think it will continue to

00:44:39.260 --> 00:44:43.907
get bigger? You have branches of the
No, I think that's not the plan. I

00:44:43.940 --> 00:44:49.396
think it will maintain the same size.
We hope it will strengthen. We hope

00:44:49.429 --> 00:44:55.546
that we will ah have our special
centers, the indian program and the

00:44:55.579 --> 00:45:02.467
science program continue to grow and
achieve. We're not planning a major

00:45:02.500 --> 00:45:06.997
change in the number. Although there
are some at the university who are

00:45:07.030 --> 00:45:12.577
mentioning a night school. I think
that's being investigated. That might

00:45:12.610 --> 00:45:17.756
come. It's not something I think the
law faculty would would move as a

00:45:17.789 --> 00:45:21.026
matter of prime importance, but that
might come as well and that would

00:45:21.059 --> 00:45:26.606
expand the numbers. But in a different
setting. What advice do you give to

00:45:26.639 --> 00:45:33.456
students coming onto campus and trying
to decide about careers?

00:45:33.489 --> 00:45:38.657
Multiple advice, study hard,

00:45:38.690 --> 00:45:41.657
take a good broad

00:45:41.690 --> 00:45:44.347
education.

00:45:44.380 --> 00:45:52.380
I'm one who believes the Liberal Arts
Education is preferred.

00:45:52.489 --> 00:45:57.356
Look to more than one possible

00:45:57.389 --> 00:46:03.697
career. Try and prepare yourself for
more than one because very likely if

00:46:03.730 --> 00:46:08.747
you aspire to one, you may not be able
to make it and it may be relegated

00:46:08.780 --> 00:46:13.646
by the change in the national scene to
something that's less productive.

00:46:13.679 --> 00:46:20.347
So I think those are my words of
advice to anyone coming. Mhm. Anything I

00:46:20.380 --> 00:46:24.626
didn't ask you that you wanted to tell
me. I think not. I accept. I would

00:46:24.659 --> 00:46:29.876
say in answer to an earlier question.
I did not expect to stay at Arizona

00:46:29.909 --> 00:46:35.327
state, but I have stayed and it has
been rewarding and satisfying. I have

00:46:35.360 --> 00:46:40.256
a passion love for this place. It's a
great institution and I've had a

00:46:40.289 --> 00:46:45.706
great life in my academic career. I
can't imagine it being better. Very

00:46:45.739 --> 00:46:52.066
good ending anything human that I
should have asked.

00:46:52.099 --> 00:47:00.099
I have a question. Yeah, I had a
couple of questions. One of them was uh

00:47:00.579 --> 00:47:06.816
do you think that the law school here
uh has a thrust or a, I mean a

00:47:06.849 --> 00:47:13.546
specialty or what would you, how would
you describe your law school here?

00:47:13.579 --> 00:47:18.967
Aside from the special programs, we
have a traditional program. It's a

00:47:19.000 --> 00:47:22.546
three year graduate program

00:47:22.579 --> 00:47:26.847
in that three years or in those three
years, the students cannot

00:47:26.880 --> 00:47:31.517
specialize. They can be introduced to
various aspects of the law. And

00:47:31.550 --> 00:47:34.947
those aspects are many and broad,

00:47:34.980 --> 00:47:41.367
but they are given kind of an
introduction how to study law, how to do

00:47:41.400 --> 00:47:48.546
their research, how to, to be
sensitive to legal issues and so on. Ah

00:47:48.579 --> 00:47:52.717
After a person graduates from law
school and passes the bar, that person

00:47:52.750 --> 00:47:55.767
enters into what is called practice.
And it may be practiced in many

00:47:55.800 --> 00:48:00.796
senses because we don't turn out
graduates who are fully prepared and

00:48:00.829 --> 00:48:06.106
competent to step in and handle
complex legal issues. No law school does

00:48:06.139 --> 00:48:10.936
that. So if, if a person wants to
specialize that person is going to have

00:48:10.969 --> 00:48:16.017
to move into an area of law such as
bankruptcy or family law, corporate

00:48:16.050 --> 00:48:22.166
law, tax law and learn on the job or
take another degree, an advanced

00:48:22.199 --> 00:48:27.537
degree in law, like a master of laws
and study that particular specialty.

00:48:27.570 --> 00:48:32.537
Uh So that's, that's the program here
and added most law schools.

00:48:32.570 --> 00:48:37.227
Mhm. The only other thing I had,
we've, we've tried to talk a little bit

00:48:37.260 --> 00:48:41.677
about, you know, Arizona State
University is a wonderful place and there's

00:48:41.710 --> 00:48:45.686
been a lot of wonderful things, but
there's been some controversy and I

00:48:45.719 --> 00:48:51.836
sort of wanted to get your from a
legal perspective on, for instance, kush

00:48:51.869 --> 00:48:55.517
on the incident with kush well, how
would you describe that? Okay. From,

00:48:55.550 --> 00:48:58.936
from a legal standpoint, I don't think
I can add much at the university

00:48:58.969 --> 00:49:06.137
was certainly uh free to fire him for
his activity. So there was not a

00:49:06.170 --> 00:49:10.626
legal question there. I think it was a
public relations question and I was

00:49:10.659 --> 00:49:16.367
amazed and continually amazed at the
role that athletics place, higher

00:49:16.400 --> 00:49:19.836
education,

00:49:19.869 --> 00:49:24.367
The strong feelings about it. You
know, I have the same seats in the

00:49:24.400 --> 00:49:29.827
stadium that I had in 1967. I've come
to the games. I've never let my

00:49:29.860 --> 00:49:33.427
tickets go. Used to have a collection
in the stadium there of all the law

00:49:33.460 --> 00:49:35.997
professors would sit together. All of
them have gone, but I refused to

00:49:36.030 --> 00:49:42.077
give up my seats there. Uh And when
frank kush was here, The games were

00:49:42.110 --> 00:49:47.447
interesting, but kind of boring. I
mean 62 7 and 49-2 and you know, now

00:49:47.480 --> 00:49:50.677
we're losing more games, but they're a
little more interesting and kush

00:49:50.710 --> 00:49:57.126
was fine. He was a good coach. Did
well. I was amazed to find out that his

00:49:57.159 --> 00:50:00.497
firing had an impact on the law
school. And I found that because we sent

00:50:00.530 --> 00:50:04.936
out letters on our annual fund and I
got back some of them that said, I

00:50:04.969 --> 00:50:07.867
refused to give another dime to the
law school because of what you did to

00:50:07.900 --> 00:50:12.057
frank kush. Now, wait a minute. Law
school didn't have nothing to do with

00:50:12.090 --> 00:50:17.046
frankly. Oh yes. So what's that? So
you got blamed for it? I got blamed

00:50:17.079 --> 00:50:20.617
for it. Sure. But when people are
giving money, they are sensitive to

00:50:20.650 --> 00:50:24.256
certain things and athletics is one
for many. I've always thought it was

00:50:24.289 --> 00:50:29.617
ironic that after the firing and
everything that well, I think there was

00:50:29.650 --> 00:50:34.896
recognition after the emotions died
down and years past, the wonderful

00:50:34.929 --> 00:50:38.747
contribution he had made. So now we
have the statue out front, we have the

00:50:38.780 --> 00:50:43.927
frank kush field and he did. He
brought the issue football program to

00:50:43.960 --> 00:50:49.086
national prominence. There's no
question about it. He did. And and we owe

00:50:49.119 --> 00:50:54.956
him that that debt, those who have
come after the coaches have inherited a

00:50:54.989 --> 00:51:01.146
program that he helped build and
they've enhanced it and refined it. But I

00:51:01.179 --> 00:51:08.006
think, you know, I like frank kush
when when he was was fired. I thought

00:51:08.039 --> 00:51:13.769
the university did the right thing.
It's an interesting chapter.