FIFTH ANNUAL MEETING A CELEBRATION IN CAMBRIDGE, MA

by Thomas Samuelian , Esq

The Association held its Fifth Annual Meeting in Cambridge, Massachusetts, April 15 – 17, 1994. Over seventy members and numerous guests, from as far away as Armenia and France, attended the business meeting at Harvard Law School on Saturday, April 16. After the business meeting, the Association celebrated its Fifth Anniversary with a Gala Reception at the Armenian Library and Museum in Watertown, MA and recognized the achievements of three honorary members: philanthropist Carolyn Mugar, legendary attorney Norma Karayan, and former Speaker of the Massachusetts House, the Hon. George Keverian.

On Sunday, April 17, members were treated to a breakfast sponsored by the Armenian Network, where U.S. Senate candidate Chuck Haytaian (R-NJ) and 1994 Association Chair Armen Hovannisian spoke about efforts in New Jersey and California to make the Armenian Genocide part of the public school curriculum.

Business Meeting

Chair of the Board of Governors, Thomas J. Samuelian, called the meeting to order promptly at 9:30 in Austin Hall. The assembled members greeted a delegation of legal experts from Armenia and other eminent members, including two members of the California Supreme Court, Justice Armand Arabian and Justice Marvin Baxter.

Committee reports about the Association's many accomplishments over the past year were approved without objection. Briefly, the highlights of the last year as reported by the Committees: Pro Bono and Legal Education : the publication, with support of the California State Bar, of a series of law brochures in Armenian for distribution among Armenian-speakers; public lectures and seminars, and legal services for members of the community who are unable to pay; Armenia Liaison : expansion of activities in Armenia through grants from the National Endowment for Democracy and the Eurasia Foundation which have enabled the Association to support the development of a civics education curriculum in Armenia, an anthology of human rights documents, a legal affairs column, and a Legal Research Center at the Yerevan State University; shipments of books and equipment for legal institutions; Armenian Rights Watch : responding to factual and legal errors in the Department of State's Human Rights Report on Armenia; Student Affairs : bar review program, mentorship and shadow program, intern placement; Membership : publication and distribution of a new Association brochure and phone survey of membership.

After approval of the committee and financial reports, Justice Armand Arabian addressed the meeting calling upon the members to actively assist Armenia and Artsakh. Next, elections were held for the one third of the fifteen-member Board, term expiring 1997, according to the staggered term arrangement adopted in 1992 at the Annual Meeting in Washington. The five governors elected were Harry S. Cherken, Jr., Shahen Hairapetian, Armen Hovannisian, Vahe Messerlian and Vicken Simonian, all active members of the Association for many years.

After elections, the assembled members broke down into six discussion groups to brainstorm about priorities for the Association in the coming year. The Association also adopted resolutions thanking Annual Meeting organizers Anthony Barsamian, Sonya Nersessian, and Tamar Hajian for their splendid work and reaffirming the Association's commitment to community service, the defense of Armenian rights, the recognition of the Armenian Genocide, and the establishment of the rule of law in Armenia, as well as a resolution calling upon the Board of Governors to explore the possibility of holding the mid-year or annual meeting in Armenia in 1995 or 1996.

After lunch, the Association heard presentations from the 1994 delegation of legal experts from Armenia whose attendance was made possible through the Babayan Fund. Prof. Aida Iskoyan spoke about environmental law, Prof. Garnik Safarian about Armenian legal history, Prof. Armen Harutunian about the drafts of the Armenian Constitution, and Vahram Sogomonian, Esq. about commercial law in Armenia.

The meeting concluded with continuing legal education seminars by Association board members Victor Boyajian, on the topic of Capital Formation, Prof. Ann Lousin, on the topic of the North American Free Trade Agreement (NAFTA), and David Davidian introduced the audience to the world of Internet electronic mail where an ongoing, unrestricted debate on issues concerning Armenia, Artsakh, the Genocide and other issues take place.

On Sunday, the new Board held its first meeting, electing the 1994-95 officers: Chair - Armen Hovannisian of Los Angeles, Vice-Chair - Harry Cherken of Philadelphia, Secretary - Lisa Barsoomian of Washington, D.C., and Treasurer - Shahen Hairapetian of Los Angeles. Committee chair assignments were also made: Armenia Programs - Van Krikorian (New York), Armenian Rights Watch - Nadine Sarajian (New Jersey), Newsletter and Bulletin - Saro Kerkonian (Los Angeles) and Tom Samuelian (Washington, D.C.), Membership - Anthony Barsamian (Boston), Student Affairs - Denise Darmanian (New York), Pro Bono - Vicken Simonian (Los Angeles), and the ad hoc committee to establish an Association office - Vahe Messerlian (Los Angeles). For further information about the Committee Reports and the meeting proceedings, contact Association Secretary Lisa Barsoomian.

Delegation from Armenia

Once again, those in attendance had the privilege of hearing about legal developments first-hand from a distinguished delegation of legal experts from Armenia. The delegation's attendance was made possible through the Babayan Fund, endowed three years ago by Mr. John Yervant.

The delegation members were Prof. Aida Iskoyan and Prof. Armen Harutunian from the Yerevan State University Law Faculty; Prof. Garnik Safarian of the Institute of Law and Philosophy, National Academy of Sciences; and Vahram Sogomonian, Esq., a private practitioner specializing in commercial law and direct foreign investment in Armenia.

Prof. Iskoyan, whose specialty is property law and environmental law, spoke about the development of environmental law in Armenia. Prof. Harutunian, whose specialty is constitutional and local government law, spoke about the drafting and adoption process in Armenia. Prof. Safarian, a specialist in Armenian legal history, spoke about landmarks of Armenian law from the 5th to the 19th century (see the summary of Prof. Safarian's presentation on page 4). Vahram Sogomonian, Esq., a private practitioner, spoke about the development of commercial and corporate law in Armenia. The delegation conversed informally with the assembled members.

In addition to participating in the Association meeting, the delegation visited Harvard University and Harvard Law School and made presentations to the Boston Bar Association, the Massachusetts Bar Association, and the Boston-area members of the International Section of the American Bar Association.

Thomas Samuelian is an associate in the Washington D.C. office of Morgan, Lewis & Bockius. He is the former chairperson of the Association and current editor of the Association Bulletin.

ASSOCIATION ASSISTS HUNDREDS THROUGH ITS IMMIGRATION LOTTERY PROGRAMS

Approximately 1,500 people received free legal assistance to complete Immigration and Naturalization Visa Lottery forms, on April 30 and May 21, 1994, at all-day events sponsored by the Association's Pro Bono Committee and hosted by the Armenian Evangelical Social Service Centers in Hollywood and Glendale, California.

Pro Bono Committee chairperson Vicken Simonian and Association member Hagop Tashjian, an immigration law specialist, organized the event after seeing a need for it in the community. In a recent interview, Simonian described the reason for the event: "Applicants are being charged from $75.00 to $275.00 by some lawyers and non-lawyers to complete an application which simply requires one's name, date of birth, place of birth and mailing address on a piece of paper. This event was designed to educate people about the application process, help them complete the application and prevent the type of gouging that is going on."

The events received wide-spread media attention ranging from articles in all the major Armenian newspapers to announcements on the Armenian Teletime television program.

Approximately 10 Association members were present at each location to advise the applicants and assist them to complete the forms. The Social Service Center's staff, directed by Nora Ashjian, were also present throughout each five-hour event to help the applicants. Hagop Tashjian provided his expertise and advised those present who had more specific questions on immigration issues.

The Association provided the applicants with the application forms, pre-addressed stamped envelopes and consultation. There was no fee charged for the services rendered.

The Immigration Lottery Assistance Program is one of a variety of events regularly organized by the Association's Pro Bono Committee. For more information on Committee events contact Committee Chairperson Vicken Simonian at (818) 584-0043 or write to the Association at P.O. Box 84375, Los Angeles, CA 90073.

MEMBERSHIP DRIVE HELD IN NYC

by Denise Darmanian

The first reception for prospective members of the ABA from the New York City area was held on Friday, March 18, 1994 at the offices of Gallo & Darmanian.

Attorneys from throughout the NYC area were invited to attend the cocktail reception. The objective of the evening was to inform attendees of the Association's activities and to encourage their participation in Association events, particularly the 1994 annual meeting in Massachusetts.

Among the guests present were Association members Joseph Basralian, Nadine Sarajian and Gahmk Markarian. Mr. Basralian addressed the small gathering and described the Association's accomplishments to date and its future objectives.

The reception was organized in an effort to encourage greater membership in the ABA among east coast attorneys. A similar event is currently being planned for attorneys practicing in New Jersey.

The evening offered attendees an opportunity to network on a local level while learning first-hand about the benefits of being a part of our national association.

Denise Darmanian is a partner of the New York City law firm of Gallo & Darmanian and is current chair of the Student Affairs Committee.

GENOCIDE CURRICULUM DISCUSSED AT ABA FIFTH ANNUAL MEETING

by Vicken Simonian

Association Chair Armen K. Hovannisian spoke to a large crowd on the final day of the Armenian Bar Association's Fifth Annual Meeting at the Sheraton Commander Hotel near the Harvard University campus in Cambridge. The topic of discussion was the Association's recent efforts to introduce a film on the Armenian Genocide into California's public school curriculum. Hovannisian highlighted the events leading to the Association's current negotiations with the Department of Education.

The featured speaker was Garabed "Chuck" Haytaian, the current Speaker of the New Jersey Assembly, and a candidate this year for the U.S. Senate. Haytaian has been a politician for 19 years and is a leading candidate for one of two Senate positions available in the state of New Jersey. In order to win, however, he will have to unseat incumbent Senator Frank Lautenberg. As a result, his Senate race is one which is hotly contested.

Haytaian spoke with vigor regarding a bill he introduced in the state legislature in New Jersey to have the Armenian Genocide, as well as the Holocaust and other genocides, taught in the New Jersey school system as part of its required curriculum. The bill was signed into law on April 7, 1994. Haytaian noted that the Turkish public relations machine had attempted to block the bill from passing. He also indicated that he had received threatening letters during the time the bill was up for consideration.

Following the presentations the speakers addressed questions and met with attendees.

Vicken Simonian is a sole practi­tioner in Pasadena, California, and a current member of the Board of Governors of the Association and chairperson of the Pro Bono Committee.

LANDMARKS OF ARMENIAN LAW

by Prof. Garnik Safarian

(The following speech was delivered during the Association's Annual Meeting at Harvard Law School.)

How old is Armenian law? You may think Armenian law is a new phenomenon only one or two centuries old. But, in fact, Armenian law is very old. Today, I will speak about six landmarks of Armenian law.

1. The Canon Book of the Armenians

2. The Canon Book of David Alavkavordi

3. General Epistle of Nersess Shnorhali

4. The Book of Judgments of Mkhitar Gosh

5. Code of Smbat Sparapet

6. The Snare of Glory by Shahamir Shahamirian

Why are these landmarks? They are systematic collections of laws, customs, norms and decisions that guided secular and religious leaders for hundreds of years.

As in many other countries, the church was the source of the earliest landmarks of Armenian law. Up to the twelfth century, little is known about Armenian secular law. Before this date, there were no codes of civil law or legal acts, except for canon law.

Armenian canon law began in the fourth century, after Armenia adopted Christianity. The canon law of Armenia is based upon the Bible, the Old and New Testaments. Canon law also draws upon the writings of non-Armenian Church fathers and the doctrines of the church councils. Centuries later, canon law served as a basis for civil law.

The adoption of Christianity, therefore, was very important not only for religion and the history of the Armenian people, but also for law.

The first landmark I shall discuss is the Canon Book of the Armenians. It was written around 720 A.D. At that time, Catholicos Hovhannes Odznetsi led the Armenian Church. Catholicos Hovhannes was known as "Imastaser," the philosopher, because of his dedication to learning. He produced the first systematic collection of Armenian canon law - corpus juris canonici . It is one of the earliest collections of canon law in the world. The Canon Book has about 100 chapters and contains over 1000 rules.

The Church was an important institution in Armenian history. It touched all aspects of people's lives. Like the Church, canon law regulated many aspects of people's lives - for example, family relations, engagements, weddings, divorce, and inheritance. It also regulated certain civil and criminal matters.

Thus, the Canon Book of the Armenians governed both religious and secular matters. For 12 centuries, from 720 to 1920 when Soviet law began, this Canon Book was the main source of Armenian law. The Armenian Church continues to use this Canon Book.

The second and third landmarks built upon this foundation. The Canon Book of David Alavkavordi is a new discovery. The General Epistle is a broader and more practical work. St. Nersess Shnorhali addressed the clergy, lords, and ordinary men and women. He outlined rules of conduct for a well-ordered Christian society. Together with the decisions of the Church Council of Sis in 1243, these form the basis for traditional Armenian law.

The fourth landmark dates to the 12th century. The Book of Judgments of Mkhitar Gosh was written in 1184. It consists of three parts: the General Introduction, Church Law, and Secular Law. Gosh's book was not only a code of laws. It was also a treatise on government, the state, and justice. Gosh believed in natural rights and human equality. He proposed a theory of state sovereignty. His theory is a link between feudal and modern legal thought. Gosh's code operated in historic Armenia as well as in the Armenian communities in Russia, Ukraine, Poland, Iran, Sudan, and elsewhere.

It may be interesting to note that Gosh was born and lived just north of Karabagh, in Gandzak (modern Ganja). Gosh's Code is a measure of the importance of the Armenian community of Karabagh to Armenian culture and throughout the middle ages.

The fifth landmark is the Code of Smbat Sparapet. Smbat wrote his code in 1265 for the Cilician Kingdom. Smbat was influenced by Gosh. However, their codes are very different. Smbat's code is narrow. It contains only rules. It does not present theories of law and state. Still, Smbat's code was very successful. It operated in the Church and in Cilicia for many centuries.

The sixth and final landmark I would like to discuss is The Snare of Glory by Shahamir Shahamirian. Shahamirian wrote The Snare of Glory in 1788, in Madras, India. His book is a product of the Enlightenment, written around the same time as the Constitution of the United States. It consists of two parts. The first part discusses the need for self-rule in Armenia. The second part presents a model constitution in 521 articles. The constitution calls for a liberal, parliamentary republic and proclaims the equality of all citizens.

The Snare of Glory remains timely. Shahamirian had a profound understanding of Armenia and Armenia's relations to its neighbors. According to Shahamirian, the main guarantee of the existence and welfare of the Armenian people is the restoration and consolidation of national statehood.

These landmarks of Armenian law have more than historical significance. As these landmarks remind us, the process of writing laws and constitutions is not new to Armenians. We have done this before and we will do it again. We live in very interesting times.

Professor Safarian is on the faculty of the Institute of Law and Philosophy, National Academy of Sciences, Yerevan, Armenia.

News from Canada

ARMENIAN BAR ASSOCIATION LOCAL GATHERING IN MONTREAL

By Harry Dikranian

Increasing interest in the Association led to a recent membership drive and information session in Montreal on May 24, 1994, at the offices of Lavery De Billy . Mr. David Eramian, a partner, and member of the Armenian Bar Association, graciously hosted the event which was organized by student member, Harry Dikranian. The 22 Armenian members of the Quebec Bar Association and 14 1aw students became acquainted with the Armenian Bar Association through its newsletters, flyers, directory and letters from various Board Members.

Of the many constructive suggestions, Mr. Seti Hamalian of Lengvari Braman proposed that each Montreal lawyer agree to spend at least half an hour with an Armenian law student to help them in career planning, c.v. and résumé writing. Mr. Hrair Djihanian suggested ways that new Montreal members could help Armenia, especially through the ABA Armenia Programs Committee and its chairperson Van Krikorian.

One of the startling aspects of the evening was the evidence of the rapidly increasing number of young Armenian lawyers in Montreal. Also, although there is currently only one Armenian female attorney practicing in the province, Ms. Lenya Kalepdjian, S t. Pierre, Buron & Associées , 11 of the 14 law students are women.

These young students are clearly motivated and eager to start their careers in law. They were grateful to have had the opportunity to learn more about the Armenian Bar Association and they and the lawyers in attendance alike are looking forward to becoming more involved locally and through ABA committees already at their disposal.

Harry Dikranian is a law student at Montreal's McGill University School of Law.