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1 Hofstra Law Review Volume 4 Issue 2 Article Front Matter Follow this and additional works at: Recommended Citation (1976) "Front Matter," Hofstra Law Review: Vol. 4: Iss. 2, Article 15. Available at: This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact lawcls@hofstra.edu.

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3 2 It Started in 1873 Since the days of the covered wagon, this organization has been compiling, editing, printing and selling SHEPARD'S CITATIONS. Over a century. A long record of successful service. A long experience, teaching us how to serve you better. Today, Shepard's meets every state and federal citation requirement both case and statute. It is quick. It is reliable. It is nation-wide. It is economical. Shepard's helps to keep other publications in your library up to date. Tens of thousands of lawyers say it is indispensable. SERVING THE LEGAL PROFESSION FOR OVER A CENTURY gil Shepard's Citations nil P. O. Box 1235, Colorado Springs, Colo Hofstra Law Review, Vol. 4, Iss. 2 [1976], Art. 15

4 et al.: Front Matter UNIVERSAL LAW BOOK CO., INC. Woolworth Building, 233 Broadway, New York, N.Y (212) "A personal law book service to law students for over forty years" Compliments of DARBY PRINTING CO. Published by Scholarly Commons at Hofstra Law,

5 4 Hofstra Law Review Volume 4, No. 2 Winter 1976 HEMPSTEAD, NEW YORK Hofstra Law Review, Vol. 4, Iss. 2 [1976], Art. 15

6 et al.: Front Matter Cite as 4 HOFSTRA L. REV. Published by Scholarly Commons at Hofstra Law,

7 6 Hofstra Law Review MEMBER, NATIONAL CONFERENCE OF LAW REVIEWS Volume 4, No. 2 Winter 1976 BOARD OF EDITORS ROBERT M. ABRAHAMS Editor-in-Chief ROBERT L. DOUGLAS Managing Editor C. PAYSON COLEMAN, JR. Articles Editor MORTON J. MARSHACK FAITH WENDER Notes and Comments Editors MARK PAUL SCHNAPP Book Review Editor KENNETH G. ROTHSTEIN Recent Developments Editor NICKI LYNN KOUTSIS ALAN D. REITZFELD Research Editors MARVIN C. GUTTER Business Manager MARK STEVEN ADLER BRIAN M. ASSERSON NORMA J.G. BLUMENFELD RONALD T. CARMAN CHARLES M. CHERNICK BRIAN S. CONNEELY KAREN G. CROCKETT PATRICK WINSTON DUNN JONATHAN FALK JEFFREY D. FIELDS MICHAEL B. FRANK JAMES R. FREESWICK LEONARD GRUMBACH FRED D. HEATHER MARK M. HOROWITZ STAFF MIRIAM HYMAN DAVID MICHAEL ISRAEL MARVIN L. ITZKOWITZ MONTE A. JACKEL ROBERT JOHNSON SUSAN KANE ROGER B. KAPLAN ELYSE F. KLEIN SCOTT HARRIS KLEIN LEWIS KURFIST RICHARD K. MATANLE WILLIAM F. MCCARTIN JOHN F. MOLINARI STACEY JOAN MORITZ LAWRENCE N. MULLMAN EDMOND P. MURPHY STEPHANIE ORTOLEVA JACK M. PLATT MICHAEL ROSEN BETTI SACHS DORIA SALETSKY ARTHUR D. SANDERS BRAD ERIC SCHELER MICHAEL F. SEIDENWAR MERYL SILVERMAN WENDY G. SINGLEY NORTON L. TRAVIS BARRY C. WEISS ALAN E. WOLIN CHARLENE ZIMMER STUART RABINOWITZ Faculty Advisor Hofstra Law Review, Vol. 4, Iss. 2 [1976], Art. 15

8 et al.: Front Matter HOFSTRA UNIVERSITY SCHOOL OF LAW ADMINISTRATIVE OFFICERS Monroe H. Freedman, A.B., LL.B., LL.M., Dean and Professor of Law Aaron D. Twerski, B.S., J.D., Associate Dean and Professor of Law Stuart J. Filler, B.B.A., M.B.A., J.D.. Associate Dean and Associate Professor of Law David E. Benjamin, B.A., J.D., Assistant Dean Eugene M. Wypyski, LL.B., M.L.S., Lau: Librarian and Professor of Law Luciana Chee, B.A., M.A., M.L.S., Cataloger Lois Campbell, B.A., M.L.S., Reference Librarian Mary Cooper, B.A., M.L.S., Acquisitions Librarian Saul A. Miller, B.A., J.D., Placement Officer Etta Fafarman, Administrative Assistant For Admissions Lore Furst, Assistant to the Dean Charlotte Z. Hoffer, Assistant to the Dean Inge Klomm, Assistant to the Associate Dean FACULTY Burton C. Agata, B.A., J.D., LL.M., Professor of Law Marina Angel, B.A., J.D., Associate Professor of Law Linda K. Champlin, B.A., LL.B., Associate Professor of Law David A. Diamond, A.B., LL.B., LL.M., Associate Professor of Law Leon Friedman, A.B., LL.B., Associate Professor of Law William R. Ginsberg, B.A., J.D., Associate Professor of Law John DeWitt Gregory, B.A., J.D., Professor of Law Herman D. Hillman, B.A., J.D., Professor of Law Linda Hirschson, A.B., LL.B., LL.M., Associate Professor of Law David K. Kadane, B.A., LL.B., Professor of Law Lawrence W. Kessler, B.A., J.D., Associate Professor of Law Josephine Y. King, B.A., M.A., Ph.D., J.D., Professor of Law* Malachy T. Mahon, B.A., J.D., Professor of Law Shelia Rush Okpaku, B.A., LL.B., Associate Professor of Law Abraham P. Ordover, B.A., J.D., Professor of Law Daniel Q. Posin, Jr., B.A., M.A., J.D., LL.M., Associate Professor of Law Stuart Rabinowitz, B.A., J.D., Associate Professor of Law Alan N. Resnick, B.A., J.D., LL.M., Assistant Professor of Law Eric J. Schmertz, B.A., J.D., Professor of Law Ronald H. Silverman, B.A., J.D., Associate Professor of Law Brenda S. Soloff, A.B., LL.B., Associate Professor of Law Harvey W. Spizz, B.A., J.D., Assistant Professor of Law and Executive Director of Community Legal Assistance Corporation David B. Durk, B.A., LL.D. (Hon.), Distinguished Visiting Professor of Law and Social Change The Honorable Marvin E. Frankel, A.B., LL.B., Distinguished Visiting Professor of Legal Ethics Melvin L. Wulf. B.S., LL.B., Distinguished Visiting Professor of Constitutional Litigation Irving Younger, A.B., LL.B., Distinguished Visiting Professor of Advanced Procedure The Honorable Karen S. Burstein, A.B., J.D., Special Professor of Law Michael L. Cook, A.B., J.D., Special Professor of Law Nathan Z. Dershowitz, B.A., J.D., Special Professor of Law The Honorable Bertram Harriett, B.A., LL.B., Special Professor of Law Lawrence G. Kurland, B.E.E., J.D., Special Professor of Law Dr. Harvey Levin, A.B., M.A., Ph.D., Special Professor of Law Kenneth P. Norwick, B.A., J.D., Special Professor of Law Eric D. Offner, B.B.A., J.D., Specie/ Professor of Law David G. Sacks, B.A., LL.B., Special Professor of Law Leonard L. Stark, B.A., C.P.A., LL.B., Special Professor of Law Dr. Jacob Weissman, A.B., J.D., Ph.D., Special Professor of Law Stanley S. Weithorn, B.S., J.D., LL.M., Special Professor of Law Jonathan E. Gradess, B.A., J.D., Special Professor of Law and Staff Attorney, Community Legal Assistance Corporation,..,..,, Lance J. Lieberman, B.S., M.E., J.D., Special Professor of Law, Director, Moot Court Program *0n leave Published by Scholarly Commons at Hofstra Law,

9 8 Hofstra Law Review Volume 4, No. 2 Winter 1976 CONTENTS ARTICLES ADVERTISING AND SOLICITATION BY LAWYERS: A PROPOSED RE- DRAFT OF CANON 2 OF THE CODE OF PROFESSIONAL RESPONSIBILITY Monroe H. Freedman 183 THE NATIONAL ENVIRONMENTAL POLICY ACT AFTER UNITED STATES v. SCRAP: THE TIMING QUESTION AND SUBSTANTIVE REVIEW Virginia Nolan 213 NOTES AND COMMENTS JUDICIAL SELECTION IN THE STATES: A CRITICAL STUDY WITH PROPOSALS FOR REFORM 267 THE ABOLITION OF THREE-JUDGE COURTS: Too HIGH A PRICE FOR JUDICIAL EFFICIENCY? 355 FEDERAL STANDING: THE PROFESSIONAL ATHLETE AND THE FIRST AMENDMENT: A QUES- TION OF JUDICIAL INTERVENTION 417 RECENT DEVELOPMENTS FARETTA v. CALIFORNIA Constitutional Law Sixth Amendment Appearing Pro Se 95 S. Ct (1975) 449 MALPICA-ORSINI v. BLASI Adoption Illegitimate Children- Constitutional Law 36 N.Y.2d 586, 331 N.E.2d 486, 370 N.Y.S.2d 511 (1975) 473 MULLANEY v. WILBUR Criminal Law Affirmative Defenses- Burden of Proof 421 U.S. 684 (1975) 493 O'CONNOR v. DONALDSON Constitutional Law Mental Health 95 S. Ct (1975) 511 POE v. GERSTEIN Constitutional Right of Privacy Minor's Right to an Abortion 517 F.2d 787 (5th Cir. 1975) 531 BOOK REVIEWS AGAINST THE LAW: THE NIXON COURT AND CRIMINAL JUSTICE. BY LEONARD LEVY. reviewed by Edward R. Korman 549 Hofstra Law Review, Vol. 4, Iss. 2 [1976], Art. 15

10 et al.: Front Matter RESIGNATION IN PROTEST: POLITICAL AND ETHICAL CHOICES BE- TWEEN LOYALTY TO TEAM AND LOYALTY TO CONSCIENCE IN AMERI- CAN PUBLIC LIFE. BY EDWARD WEISBAND AND THOMAS FRANCK. reviewed by Mark P. Denbeaux 557 BOOKS RECEIVED 565 The HOFSTRA LAW REVIEW is published in the Fall, Winter, and Spring by students of the Hofstra University School of Law. The current subscription rate is ten dollars per volume. Individual issues are available at four dollars per copy. Subscription renewals will be automatic unless notice to the contrary is received. All communications should be addressed to: HOFSTRA LAW REVIEW, Hofstra University School of Law, Hempstead, New York Copyright 1976 by the HOFSTRA LAW REVIEW Published by Scholarly Commons at Hofstra Law,