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Page 2 [Newspaper Page] — Annotations — 1 November 1977
i* ► 1303 San Jacinto St. Houston. Taxas 77002 ANNOTATIONS Volume VI, Issue Ho. 4 November 1977 Bell - From Country Lawyer to Chief Justice * >> > by Tommy Adkisson Staff Writer Of the many individuals who have been prominent in contri- buting to South Texas College of Law (STCL) few, if any, surpass in prominence Spurgeon E. Bell. Known to everyone as 'Judge* Bell, he has contributed a total of 40 years to teaching at the College. Judge Bell's association with South Texas began at 25 years of age when he started in the Fall of 1933 substituting for his father who was then teaching at STCL. Bell's father, Judge Holland E. Bell joined the faculty at the request of Edgar E. Townes Sr. after having turned down an offer from the latter's father, Dean John C. Townes of the University of Texas School of Law, to teach in Austin. Judge Holland E. Bell taught Agency and Partnership and Conveyances starting in 1931, in addition to his full time job as an attorney with Humble Oil and ...
Page 3 [Newspaper Page] — Annotations — 1 November 1977
2 — LVWNovamÍ «rl977 American Bar Association News Crisis Exists In Medical Malpractice Insurance $0. ¿v A crisis still exists in the medical malpractice insurance area despite indication that rates are levelling off, S. Shepherd Tate, president-elect of the American Bar Association (ABA), said in Memphis, Nov. 2. "There are indications that the medical malpractice crisis has lessened, since the number of suits, the amounts awarded and insurance premiums are not rising as rapidly as they were about two years ago," Tate said in remarks prepared for a semi- nar, "Showcasing Memphis Health Services." The seminar was sponsored by the Mid-South Medical Center Council. Tate, who becomes president of the 220,000-member ABA next August, said the immediate cause of the crisis was the withdrawal from the market of many com- mercial insurers because of sharp increases in the frequency and severity of claims, forcing the re- maining companies to increase their rates dramatically. "The underlyin...
Page 4 [Newspaper Page] — Annotations — 1 November 1977
V Novemtw 1977 — Annotations — Pago .3 <• T ► • \ ~A-. 'J ' ■v -*4 "* r :t: •+ . -t • :i'. the rn family*# ^ lawyer a by Will Bernard Too Pennissive Parents Four • year • old Lucy had a "thing" about matches. To her, they were the most fascinating of playthings. One day she tried something special: she set fire to a little boy's shirt. The boy suffered a painful burn, and a damage suit was brought on his behalf against Lucy's parents. "We often did take matches away from her," they recalled in a court hearing. "That was about all we could do." However, evidence indicated that they also left matches where Lucy could get at them. A jury decided they had been too permis- sive and held them liable for their negligence. Parents are not entitled, legally, to take a hands-off policy toward their offspring. If they know of a bad habit involving danger to others, they must take affirma- tive action to control that habit. . On the other hand, the law Wrong Baby Within hours after bringing ...
Page 5 [Newspaper Page] — Annotations — 1 November 1977
pffl« * T- t W YfBrt>W t 77 Judge Bell-Scholar, Educator Voices Views by Evan B. Glick Business Manager Q. It has been said there is a building on the University of Texas campus that is named "The Bell Building". Is this building named after your family? A. No, I don't know of it. We are all University of Texas people. And my uncle founded the Student Business Administration. But if there is a Bell building on the campus it isn't my family. Q. Was Bell County, or Bell Street named after someone in your family? A. Not that I know of. Bell County was named for Peter Ansboro Bell who came to Texas from Tennessee. My father al- ways thought that he was of the family, but my family came from Pennsylvania and South Carolina, and Alabama to Texas. Another group of the Bells which came over, being three brothers from Northern Ireland, before the American Revolution, went to Tennessee from Pennsylvania. And he always thought it proba- bly was his branch of the family. Q. After graduating ...
Page 6 [Newspaper Page] — Annotations — 1 November 1977
Novtmotr t«7f ->*• « «■ 9 ! % 4 - r ;r. .+. Editorials Justice Dept. Frowns On Living Together •MODERN MORALITY CON- SISTS OF ACCEPTING THE STANDARDS OF ONE'S AGE." OSCAR WILDE In 1671 the town of Plymouth, Massachusetts revised its stat- utes, fining ordinary fornicators ten pounds sterling, those who were "engaged to each other" five pounds. As times change so do the values . . . In 1750 the custom of bundling became a rage in America. Courting couples would lie in the same bed partly or fully clothed, sometimes with a special bund- ling board between them. Why bundle? To economize and to save heat, of course. But, the voices of prudes and preachers whispering and thundering against the cus- tom contributed to its downfall. A recent article in the Houston Post cites two unbelieveable examples applying the above principle of morid censorship. Case 1 — A woman law student was denied employment as a justice department clerk — and perhaps later as an attorney — because she lived wi...
Page 7 [Newspaper Page] — Annotations — 1 November 1977
Pag 6 — Annotations — November 1977 A * * * V « * Casenote Corner... Medical Malpractice: Abolition of the Captain of the Ship Editor's note: The following Law through a combined effort of Annotations and Kay Dable, Law Journal's casenote editor. The casenote is selected on the basis of quality content and pertinent interest to the legal profession. Anyone interested in obtaining a copy of the footnotes may contact Sparger v. Worly Hospital, Inc., i v. Maní et al. by Jimmy Richards Law Journal The captain of the ship doc- trine, when broadly construed, holds the operating room surgeon vicariously liable for the negli- gence of all operating room per- sonnel, despite the fact that his own actions were not the proxi- mate cause of the injury and despite the fact that he had no right to control the details of the acts done by the individual that did proximately cause the injury. Liability in this case requires no proof but rather is assumed as a matter of law. The doctrine, which grew ...
Page 8 [Newspaper Page] — Annotations — 1 November 1977
\ é « * November 1977 — Annotations — Page 7 VI V Column: An Affair of Honor by J. Bennett Kraft Columnist As many of you are aware, a committee has been formed to draft a new honor code for STCL. The school has been overdue for this, although few of us realized how ridiculous the old code was. We read it once as freshmen, understood little or nothing of it, and then forgot about it, although we were charged with knowledge and understanding of it. How- ever, inspection of* the old code reveals pitfalls to avoid in creat- ing a new one. For those of you unfamiliar with it, the current Honor (sic) Code has the distinction of being modeled on the Texas Penal Code. As does the TPC, the STCL Honor (sic) Code deals with diverse subjects including burden of proof, culpability, culpable mental states (apparently for those of us driven over the edge by finals), causation, duress, intoxication, entrapment, primary and secondary violations, and lengthy sections on sanctions and procedure. The ...
Page 9 [Newspaper Page] — Annotations — 1 November 1977
r"*-7 . - Pago 8 — Annotation* — Novambor T977 Judge Bell A. I'd show you're a good law- yer, and if you do that, then if the time comes up or a vacancy needs to be filled where the governor makes an appointment, the local lawyers will recommend you to the governor. Q. But would you say it's highly political in the citywide legal sphere within the bar association? A. No. I would say not with the bar association. It's political only in the sense that the governor is not going to appoint somebody who is actively opposed to him. But the local bar wants good men on the bench. They want a lawyer, a good lawyer. Somebody who will work, and somebody who regardless of friendship will call the shots just as he sees them. To give you an illustration: Shortly after Governor Daniels started practicing law after having been governor, he had a case before the First Court of Civil Appeals in Houston. It was a very interesting and difficult question, and he personally argued the case. All three mem...
Page 10 [Newspaper Page] — Annotations — 1 November 1977
- .ftWHtBÜ'W r.B"* • Products Liability Continued From Page 7 • T ♦ facturer could be held liable for any physical injuries or property damage caused by his defective product. Thus established, the law pro- vided for anomalous results. For example, if a defective safety pin caused a scratch on the con- sumer's hand, theoretically he could recover from the manufac- turer for his injuries. But if a consumer invested thousands of dollars into a Persian rug, only to find it shredding a year later because of some defect in manu- facture, he would be precluded from any recovery against the manufacturer. From the stand- point of principle, there is no sound reason why recovery should be allowed where the defective product has caused injury but not allowed when inadequate manufacture has put a worthless article in the hands of an innocent purchaser who has paid the required price for it. In Nobility, the consumer pur- chased a mobile home from a dealer. The mobile home turned out to be so d...
Page 11 [Newspaper Page] — Annotations — 1 November 1977
,;10 -i 1t77 Country Lawyer i neighboring farms. When his father's court met, young Bell would go to court and listen to his father try cases. In those days no electricity was available and kerosene lamps were used instead. The Bell children, Anna, Ruth, Eleanore, Douglas and Spurgeon, all walked or rode to school in a surrey. In 1921 Judge Holland Bell bought the family a brand new Model "T" Ford. It was with this car that young Bell first learned to drive at 13. The Move To Austin In 1924 Judge Holland E. Bell was appointed chief supervisor of the Railroad Commission's Oil and Gas Division. This prompted the family's move to Austin where perhaps the most forma- tive years of Spurgeon Bell's life were spent. From the time he was in second grade Bell participated in interscholastic league public speaking contests. In his senior year at Austin High School, Bell made it to the semi-finals. It was from this background of experi- ence that Bell drew in his later years at the University ...
Page 12 [Newspaper Page] — Annotations — 1 November 1977
November 1t77 -*< ■«* Peoe 11 Judge Bell 17, Group 1. Finally, in December 1945, Bell came home and was awarded the Bronze Star for his work in the Phillipines. Poet-War Practice In January 1946, Bell resumed the practice of law with his father and W.E. Dyche under the firm name of Bell, Dyche, and Bell. It was a civil law firm but Spurgeon Bell would occasionally act as special prosecutor for various parties in criminal cases, and as defense counsel on occasion. Bell notes, "I was really a country lawyer in the city — doing general practice." Students who have had Proce- dure II or Procedure III with Judge Bell probably remember the Judge's recollection of the most exciting experiences Bell encountered as a lawyer. One experience was the handling of an assassination case in South Texas in which the politically notorious Parr family became implicated. Governor Allan Shivers appointed Bell as special prosecutor for the state of Texas in that case. The facts of that case are that i...
Page 2 [Newspaper Page] — Annotations — 1 December 1977
1303 San Jacinto St. Houston. Taxaa 77002 ANNOTATIONS Volume VI, Number 5 December 1977 Reflections on the Beginning Tale of Jeremy by Douglas M. Durham mid-law student at STCL On the eve of the summer solstice, Jeremy faced an obstacle of such magnitude that he lost all hope and in this way he met Fides. The seeds of disillusion had been planted several years ear- lier, when to his dismay he observed a contradiction in the ideals and realities of America. He told his history teacher, in a manner that characterized his revelation, "How does that make sense? Thomas Jefferson gets down on the King's back for 'injuries and usurpations' while his slaves keep the plantation running!" He had always been idealistic, naive rather than shrewd, and in the style of the very young, had not yet faced his illusions. The son of a petroleum engineer, who through hard work and dedication had climbed the corporate ladder to a position of responsibility, Jeremy was impressed with the belief that if yo...
Page 3 [Newspaper Page] — Annotations — 1 December 1977
P«f* 2 - Annotations - Oncenbnr 1977 Once upon a mid- ■TO '■***■ Rff-;-*, ^ " /¿ííb ; " Vvv: k-:'V^'';. ., "• *v7 . ; rí' * * '* « ' ' ' "• < ■■ -v ' $fe■',: ••:-• ■•>-■■• • ■ Hi ■•li'-íí IBP &3SK3HÍK?' ~ JJJill Tffiu THE LIBRARY PROCEDURE "WITH TONES ¿ft % 3
Page 5 [Newspaper Page] — Annotations — 1 December 1977
Tale of Jeremy the instincts of a rabbit; that the most noble inquiry serves self; the most generous act is egocen- tric; that lies are told by the printed word; that God begins with a small "g" like everything else; and that above all, if you want something very badly and work hard for it, you will not always get it. Of all those who suffer disil- lusion, Jeremy suffered more than anyone else. Life lost all meaning, and with no meaning he wondered, "Why endure it?" Jeremy quit his job, moved out of his dorm room and into the basement of an old house. He always stayed downstairs and never went outside. He ate rarely and let his hair and beard grow. One morning Jeremy did not move when the sun came up; he lay still, eyes open, looking at the grass blow in the wind outside his window, thinking numbly of the cold and meaningless world that would suffer no further inter- ference from him. He stayed in bed most of the day, ate little, drank much, said nothing. The next day was the same, ...
Page 1 [Newspaper Page] — Annotations — 1 February 1978
1303 San Jacinto St ANNOTATIONS VotUIIM VI, Issue No. 0 February 1974 wmm Photo by Gorald S. KING GF TORTS A lawyer is sum of everything that's ever happened to him. - Joe Jamail See story page I 1 > * A ^ * 4 "4 A w t f >- * * i * 4 * * ÉMÉÉ
Page 2 [Newspaper Page] — Annotations — 1 February 1978
1303 San Jacinto St. Houston. Taxas 77002 ANNOTATIONS Volume VI, Issue Na 6 February I978 Jamail: Many Trial Attys Incompetent by Gerald S. Bettman Staff Writer Q: There is an uplifting phrase that is sometimes heard all too often at South Texas between one student and another when that student receives a failing mark. The phrase is "Don't worry, Joe Jamail flunked Torts at the University of Texas." Is there any truth to that statement? A: That is the absolute truth. Q: Is that the only one? A: That's the only course I failed. Q: And it didn't stop you? A: It's the only course I failed from kindergarten through law school. Q: Wat it a fair grade? A: 1 think it was. I think that Professor Morris gave me the benefit of the doubt when he gave me the SO. Q: What were some of your major problems as a law student and as a young attorney? A: I think it's the same as everybody has: confusion, abso- lute utter confusion, not knowing exactly what the professors ex- pected of me, having to re-...