The Docket Historical Archives

4-1-1993

The Docket, Issue 9, April 1993

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Recommended Citation "The Docket, Issue 9, April 1993" (1993). The Docket. 173. https://digitalcommons.law.villanova.edu/docket/173

This 1992-1993 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Vol. XXIX, No. 9 THE VILLANOVA SCHOOL OF LAW April, 1993 Dean Reuschlein Inaugurates Speaker Series by T. John Forkin were not in attendance missed a The Student Bar Association chance to hear an outstanding presented the inaugural address presentation by "THE DEAN." of the "Reuschlein Speaker Ser­ Dean Reuschlein took the ies" on March 10. The series will audience on a journey from the be an annual event in which the birth of the law school to the S.B.A. will ask a professor to present day. He spoke of the "present a speech of their own opening ceremony with attend­ choosing, as if Villanova were to ance of Chief Justice Earl Warren close down the following day, and and then Senator John F. this was their last opportunity to Kennedy; he reminisced of the address the Law School days when Dean Garbarino and Community." Dean Abraham were students; Who more appropriate to give and quoted poetic verse. Various the hypothetical "last speech" of "yarns" were spun, weaving the the inaugural address than the fabric of his message "do not take iendividual who gave the first things for granted and use your speech and quite literally built the knowledge for the common good." law school, Dean Harold Gill Dean Reuschlein delivered this Reuschlein. thought by referring to the general Dean Reuschlein was born on belief that there is no national December 2, 1904 in Burlington, religion in the United States. He Wisconsin, graduating from Yale disputed this by acknowledging Law in 1933 and receiving his greed as the religion in the U.S. J.D.S. from Cornell in 1934. The and that "everyone worships Dean's employment and military greed in one manner or another record are too voluminous to and to one degree or another." The discuss at length. In short The Dean warned the law student and Dean has taught law at George­ lawyer of today to "not be con­ town, Notre Dame and Syracuse, sumed by greed and not to forget served the country as Colonel and to serve the common good." Chief of the Office of Legislative Services; been decorated with the Dean Reuschlein's charming Legion of Merit; written legisla^-»^p®3saa^ty,aBdgieaHiir^ wit tion; received honorary degrees, the sharp edge off a pointed written scholarly articles, given message aimed at the student legal assistance to the poor; and body. The Dean said that "today Dean Reuschlein and his wife Marcella is regarded as one of the foremost law school and the legal profession legal minds in the United States. are not what they once were, there law school may not be the ana­ law schools, and when this occurs lowed by a full reception in the To the Villanova Law School was a day when the method was lytical metamorphosis it once at that level the students are ill- cafeteria giving people the oppor­ Community the most important purely Socratic and there were no was, 'easy' may not be the right equipped to pass the bar or to tunity to speak to the Dean one accomplishment on his vast computers or commercial outlines. word to use in context of law practice law to their full potential. on one. But then we can do that resume is his station as our When a law student graduated school. Perhaps the phrase "not He submitted that this is the almost every day anyway because founding Dean and Professor of they had to work a legal clerkship as difficult?" reason that Villanova Law stu­ Dean Reuschlein is still at the Law from 1953 to 1972. For if it for at least two years and then Dean Reuschlein also addressed dents have such an incredible school and still maintains an open was not for Dean Reuschlein we under a proctoring attorney for the issue of grading at Villanova passing rate on the bar and go on door policy for Villanova law would probably not have the two more. It was then and only Law School. The Dean said "at to be great attorneys and leaders students, just as he always has. opportunity to study law at this then that the young lawyer-to-be at many colleges and universities in their communities. Such logic The Reuschlein Speaker Series great institution. It was Dean could take the bar." The Dean also today there are many inflationary rings true even in the most sub­ will undoubtedly be a stellar event Reuschlein who recruited the spoke of what law students once grades given, which give students jective ear. to look forward to each spring. A original faculty, drew Arthur had to do in preparation for class a belief that their previous success Dean Reuschlein closed out his special thanks should be extended Pulling away from Harvard to run examinations. Such graphic des­ can be as easily duplicated at presentation by re-emphasizing to those who made this series our library, obtained original criptions sent a chill up the spine Villanova Law — well this is not his focus on serving the "common possible, especially Dean Franki- A.B.A. accreditation in record of many of the students in attend­ true. There are no inflationary good;" spun "one last yarn" and no, SBA Pres. Noel Birle, Kim time, purchased the original books ance. Imagine, law school without grades given at Villanova Law and bid his listeners a good evening. Proukou, Brian Coupe, Angeline for the library and has always commercial outlines, Westlaw, when you get a good grade here, It was truly an outstanding speech Chen, along with the Series Com­ kept Villanova Law three times Lexis, or Word-Perfect? Chilling you know you have earned it." from an outstanding individual, mittee of Catherine Barth, Jeffrey ahead of the A.B.A. standards. indeed. The bottom line was that The Dean also noted that this Dean Emeritus Harold Gill Reusch­ Bosley and Thomas Downey. Those students and faculty who today we have it easy! Easy? While practice is also popular at some lein. The presentation was fol­ Carpe Diem.

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LWA Page 16 Pdge 2 • THE DOCKET • April, 1993^ OiyEDi And So It Goes Letters to the Editor by Angeline Chen ipation in mooting. Many of you of potentially successful oralists Six weeks to go. Has it really know the procedure to which I and brief-writers has been dimin­ To the Editor: that matter, Tulane and almost been almost three years since we refer. For those of you who are ished through the implementation every other law school in the 3Ls first stepped through the unaware of it (mostly ILs who of this process, thus hampering I received and read with interest country) is like walking up to a doors of Garey High only to be were not here when all this Villanova's progress in developing the "unofficial" January, 1993 New Orleanian at a McDonald's confronted by such incompre- happened), let me explain. a truly outstanding moot court issue of The Villanova Docket. counter and "explaining" that hensibles as quantum meruit, In previous years, outside moot program. Third, many of us who I envy Villanova Law's apparently Arnaud's does a nice Oysters habeas corpus, the Rule of Perpe­ court competitions were pretty work during the summer are well-heeled publications depart­ Rockefeller. Absolutely divine, tuities and the infamous legal much open to whatever student hard-pressed to come up with ment; your ability to send the Dah-ling, it's just a shame you memorandum? Has Supreme was interested and got there first. three weeks in which we can Docket to other law schools could won't pass the dress code. Still, Court Justice Antonin Scalia (Moot Court Board members had seriously come up with the time do much to raise Villanova's Coyne finds it necessary to launch actually walked through our first choice, of course. This made to sit down and write a brief, no stature, something which (assum­ a long-winded, fish-in-a-barrel proudly (cough) tiled hallways? sense obviously.) If a student was matter how short the problem ing Mr. Coyne's expatrian pers­ diatribe with no real goal other Have IL oral arguments begun at interested in doing an outside might be. This is particularly pective is a reliable barometer) than soaking his own ego (by the last? competition, all he had to do was significant considering the cur­ seems to be of great concern to way, he also got into NYIJ and Speaking of oral arguments, I go to the Moot Court office, find rent status of the legal market. your student body. Michigan. Lovely ...). want to voice a couple of com­ a competition that didn't yet have This results in less people who Speaking of THE GUY WHO In any event, it's good for us ments on the art of mooting before a team being sent, find some will be able to participate in WENT TO STANFORD, I found little people to keep in mind that I finally obtain my long-awaited teammates, and sign up. That's outside moot court competitions, that if nothing else, Mr. Coyne's although few of us landed a seat freedom on May 21st. Having how many of us 3Ls who went regardless of their ability. Fourth, piece presented an excellent oppor­ in our "first choice" schools, we watched the last hour of my own to competitions last year did it. it cuts off students' access to tunity to exercise the lawyerly all enrolled anyway because the personal experiences at competi­ Now obviously you can see some outside moot court competitions skill of reading between the lines. schools we did get into still had tive mooting fade away, I find that room for abuse here. There were through its excess restrictiveness. While a headline like FOR YOU much to offer. There's nothing I've been left with some rather no guarantees that the students Fifth, it places too much power IL's WHO DIDN'T HAVE THE wrong with trying to jump up a strong opinions (Who, me?) and weren't just signing up for a free over the selection process in the PRIVILEGE TO MEET THE few places in the law school impressions regarding the prac­ ride on the school. There were hands of fellow students. And GUY WHO WENT TO STAN­ pecking order, it's just the peckers tice of oral argument, and partic­ some horror stories that circulated lastly, the process is much too FORD might have been more apt that most of us can't stand. ularly the practice of moot court via the gossip line — teams which rigid. There is no room for flex­ than the clash title you ran, Should he stay or should he go? here at Villanova. went off for a weekend vacation, ibility or for special cases. Coyne's arrogance was still pun­ Who cares? Villanova, despite being a rel­ courtesy of our tuition dollars, The problems which instigated gent enough to waft as far as the John R. Klein, Editor, atively young school in compar­ and blew off the competition and this whole process could easily be Big Easy. instead partied like heck. These solved by simply granting credits Explaining why Stanford is Dicta From The Bench ison to other ABA-accredited Tulane Law School institutions, has created and competitions are rather costly, for outside moot court competi­ "better" than Villanova (or, for maintained a strong reputation after all, and so the administration tions. This is not an alien idea — for its moot court program. While certainly has a vested interest in many law schools grant one or two we are not quite yet nipping at selectively sending teams out credits to students who partici­ Yale's heels for academic prestige, instead of just packing Villanova pate in outside competitions. our moot court teams are helping Law students off willy-nilly hither (Teams from other schools also to develop Villanova's standing in and yon. Additionally, some com­ evinced great surprise when the Mooting World. Villanova petitions aren't worth going to — informed that Villanova students teams have consistently done our either because they are badly run do this "simply for the sheer joy school proud, getting a reputation by the sponsors, or not very well- of it." Most of them get credit.) for consistently being solid oral- regarded. This makes sense, considering the ists and brief-writers, and coming But there really didn't seem to amount of time and effort which home with competition place­ be major problems with the sys­ go into preparing for an outside ments, individual honors and tem as it stood, at least in terms competition. It also provides the brief honors to prove it. of the overall effectiveness of the exact kind of insurance needed to What is it about Villanova that Villanova Moot Court Program. ensure that students take their seems to bread high-quality moot­ Out of the 20 some teams which commitment seriously — if they ers? Is it the air we breathe? were sent out last year, 17 of them don't they may lose their credit(s), Perhaps some sort of chemical placed. We came back with oralist fail or (if it is a graded course) have additive to the cafeteria and and brief awards aplenty. Many their G.P.A. effected. At the same vending food? Subliminal coach­ of the honors were bestowed on time, access is open to all students ing mayhaps? Is it a part of the students who had decided on who wish to partake of the moot October Conspiracy? participating in an outside moot court experience beyond the IL My suspicion is that it is the court competition at the last arguments" and Reimels. Moot support and encouragement our minute. (Face it, who really plans Court is an experience that should moot court teams receive from to decide a year ahead of time rightfully be in the reach of all faculty (as advisers and bench whether they want to enslave law students. Access to it at judges), colleagues (as supporters, themselves to the painful process Villanova should be as broad as bench judges and sympathetic of preparing for a moot court possible, within reason, rather shoulders), the administration competition?) The regulation than excessively restrictive. The (who do you think is footing the needed to alleviate the problems current procedure for being bill?) and the Moot Court Board without hurting the progress the allowed to participate in outside (who somehow manages to keep Moot Court Program had made moot court competitions is detri­ track of all the teams and com­ was minimal — perhaps some sort mental to our Moot Court Program petitions while overseeing the of written guarantee from the and should be changed. Reimels and IL arguments). The participants that they understood old saying is that practice makes the seriousness of their undertak­ perfect. Invariably, this has held ing and the responsibility it true for moot court competitions entailed. — the more practice rounds you Nevertheless, a Force That Was go through, the more smooth you And Is (and which has never been get and the more likely you are fully identified to the student body (or one of your judges is) to catch at large) felt that there was a the glaring errors and caps in your serious enough problem present presentation before the competi­ such that access to outside com­ tion. And yet, the practice rounds petitions had to be restricted. are only as effective as the judges So a new system was installed are. I have never ceased to be at the end of last year. Apparently amazed at how willing our faculty based on the same concept as the and colleagues are to give of their Law Review write-on competition, time and serve on practice anyone who is interested in par­ BOARD OF EDITORS benches, and it seems to be some­ ticipating in an outside moot court thing we often take for granted. competition now has to write a Editor-in-Chief Teams from other schools I have brief in three weeks over the Angeline G. Chen spoken to evince surprise when summer, and then argue for a set they hear that we've gone through number of minutes during the Associate Editors four, five, even eight practice first few weeks of school before Scott Donini arguments pre-competition. judges (who are Moot Court Board Chris Tkacik Another aspect of Villanova members). When established, the Business Editor Editorial Cartoonist Sports Editor mooting that often gets overlooked requirement was across the board, John Lago is the attitude that our school it applied even to those 2L stu­ Maneesh Garg Michael Pratt engenders towards moot court, dents who had been successful at and the emphasis that is placed outside moot court competitions on good sportsmanship. I've seen in 1991-92. other school teams come barely There are several problems short of throwing the equivalent with this. The major reason why The Villanova Docket is published monthly by the students of Villanova University School of Law, of a three-year-old's temper tan­ this system should never have Villanova, PA 19085. Letters and articles are welcome from students, faculty, alumni and the trum — while in the meantime been implemented was that it was community. Paid advertisements are also accepted. The Villanova Docket is distributed free to Villanova comes home with things overkill. The problems that exist­ all current students, faculty and administrators. Alumni who wish to receive The Villanova Docket like "The Most Congenial" Award ed were not so great that it by mail should notify The Villanova Docket office at the above address. The opinions expressed (Florida Bar Tax Invitation 1993) required this restrictive a process. herein are solely those of the writers and do not necessarily reflect those of the Docket editors — an award created and given to Any number of less stringent and staff or the Villanova University School of Law. our team just because they were alternatives might have been so darned nice. implemented that would probably Faculty Advisor I do, however, have one major have been just as, if not more, Prof. John Cannon gripe about Villanova moot court effective and that would not have — and that is the new procedure any detrimental effect to the that they've instituted for partic­ program overall. Second, the pool April, 1993» THE DOCKET • Page 3

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1-900-BOB-TALK I was beginning to think that replied, "Zip up your fly, you don't Willy-bashing wasn't fun any­ know what you're talking about. more. Primarily, because it's Every Democrat in Congress is become too easy. Those of you thrilled that their boy is in the who religiously read 1-900-BOB- White House." Well for one thing, TALK for the in-depth political unlike Bill Clinton and Kennedy analysis, not to mention the (pick your favorite brother), I insightful humor, were probably don't walk around town with my shocked at last month's article fly open! Anyway, I informed the about the tantalizing Miss Audrey lad that the Triumvirate (Mit­ Hepburn in "Sabrina." Never chell, Gephardt and Foley) had fear, due to the audacity of one forced Willy to: a) rethink his flaming liberal who had the guts promise that he would immediate­ to question my heretofore undis­ ly lift the ban on homosexuals in puted political preeminence in my the military, b) forget about his fiefdom known to the Administra­ pipe-dream of ever having a line- tion as "The Lounge," I've item veto (which, of course, was returned. (By the way, when are really George Bush's pipe-dream), they going to start paying the c) eliminate any middle-class tax cable bills?) Needless to say, you cut he babbled about before the will no longer have to deal with election, and d) realize that he'd a Docket filled solely with pol­ better not cut 25% of the congres­ itical articles hemorrhaging the sional staff jobs lest Hillary find stale rhetoric of the Summer of Willy's head rolling out the suicide Love, penned, of. course, by T. door of a 1960 Convertible Lincoln John Forkin. For the few of you Limousine like Willy's childhood who missed the OLD 1-900-BOB- idol. TALK, I'm big, I'm back and I'm Needless to say, our amicus REALLY, REALLY SORRY! curiae was NOT convinced. I then It all happened one day in the asked him, "If EVERY Democrat Package all at once, or as some Hhmm ... I have the Philadel­ his position. And if some of you lounge. I was holding court in the adores Bill Clinton with all his Senators and Congressmen have phia Inquirer and an actual letter are wondering why I've only presence of some loyal colleagues. heart, why did Sam Nunn force proposed, vote on the spending from DEMOCRATS in both referred to this fine, young gen­ One such person who shall remain Willy to wait 6 months even before provisions FIRST and wait until Houses of Congress to corroborate tleman in terms which could be nameless — Mary Locke — and CONSIDERING any proposal to sometime in the future to vote on my assertion that Willy's being in misconstrued as epithets to those I were discussing the fact that lift the ban on homosexuals in the the proposed budget cuts." This the White House is NOT going to who don't know me, it's because Rush Limbaugh happens to be the military?" His terribly insightful was the exact argument I tried to end the so-called gridlock, which he failed to cordially introduce only radio personality intelligent and logical reply was, "Oh, pull convey to our left-wing interloper of course, was created by Demo­ himself before we got into our enough to scare the pants off Bill Sam Nunn out of your a ! in the Lounge that afternoon: how cratic majorities in both Houses little discussion. Clinton. I thought Willy swore Where did you get all your infor­ ominous. Pinko Pete continued, of Congress for 36 of the past 38 that getting caught with his pants mation, some conservative tool "In a letter to Speaker of the years (remember, Ronald Reagan Just to show that I truly enjoyed down was just a smear campaign like Bill Buckley in the National House Tom Foley, many Demo­ was lucky enough to have a this event in the Lounge and that initiated by Gennifer Flowers, Review?" After informing him cratic senators and representa­ Republican majority in the Senate there are no hard feelings, I invite who of course was bought off by that his use of name-calling and tives AGREED WITH THEIR for two years, not to mention his this person to accept a copy of the Republicans, but I digress. As I profanity was merely red-flagging REPUBLICAN COUNTER­ status as the Great Communicator November 17, 1992 Inquirer arti­ continued my intimate conversa­ the fact that he had nothing to PARTS that the American people — Willy can't even finish a sent­ cle; and if he can obtain affidavits tion with Miss Locke, we agreed back up his belief that Congress would feel BETRAYED if the ence without stammering or being from every Democratic member of that many DEMOCRATS in both and Willy were in the midst of a proposed cuts were not voted upon corrected by A1 Gore). Therefore, both Houses of Congress attesting Houses of Congress weren't exact­ torridly passionate honeymoon, I at the same time as the proposed I'm waiting for our newly- to their unconditional love of Bill ly thrilled with the fact that Slick said, "No, I didn't get this from spending increases." (Emphasis inducted Lounge Liberal to come Clinton, beers at Gullifty's are on Willy charmed his way into the Buckley's National Review, I added.) up with some hard facts to support me. Oval Office very much the same got it from the November 17,1992 way a gigolo charms a 45-year-old edition of the Philadelphia Inquir­ divorcee out of her life savings. er, which we both know is the last Briefs: A Confusing Lesson Now comes the conflict. As your bastion of right-wing conservative favorite protagonist continued to dailies! And if you look at the front berate the philandering, ex-pot- page, you'll see Mitchell and Foley for First Years head, "even my wife, uh, I mean scowling contemptuously at their partner doesn't like me," separate PAL, Willy; and I'll bet you that by Sal Pastino Legal Research suddenly must on lawyers in the real world as bedrooms Clinton, someone who if Clinton gets his spending As first year students are grad­ and does come back to them as they do on first year law students? managed to slither his way onto increases through Congress, he ually getting over that thing that they search desperately day and Those of us fortunate enough to the couch had the gumption to won't even try to cut the few areas controlled their Uves for a month, night for the cases they need to have had limited experience work­ question the validity of my views. of spending as he promised, the appellate brief, things have make their own case. Some pro­ ing in law firms don't think so. He informed me that EVERY because his pals, who happen to come back into perspective and we fessors insist that there is no need While a time consuming and Democrat in both Houses of Con­ be OLD Democrats, won't let are concentrating on our studies to worry and that there is suffi­ integral process, lawyers do not gress just adores Slick Willy and him." He then dared me to produce and outlines once more. Briefs cient time for us to complete the seem to become obsessed with that as a result, the Clinton this alleged newspaper article and have proven to be a source of grief briefs. Were this view completely their briefs the way law students (cough, cough) Economic Plan will when I told him he could see it because despite the fact that they true we would not see law stu­ do. Is it because time and expe­ be passed in toto sans any sweep­ in the morning, he told me that will permeate every aspect of our dents — many of whom who have rience have allowed them to ing changes. I then not only had I am unable to sympathize with legal careers, the Legal Writing worked on their briefs since the steady their nerves? Are we simply to avert my attention from Miss the needs of the bleeding heart course from which they are first day of getting the assignment wrong and do lawyers agonize Locke, but had to reply to this cad liberal weenies because my status assigned only counts for one — bring in blankets and pillows over briefs as much as we do? We who so rudely interrupted a con­ as a law student makes me a right- single credit per semester. This is to sleep in the lounge and library don't know. Now that this chal­ versation of which he had no part. wing elitist. I never thought I'd irritating when one considers that between research sessions. lenge is over we can look forward I calmly informed him that as say it, but where's the Women's first year law students spend The computer rooms on this to other important things such as early as November 16, 1992, Law Caucus when I need it? I bet sleepless nights in the library to campus are not exactly the most exams, outlines and study groups. shortly after Slick Willy duped they'd beg to differ with his elitist complete research on cases that conducive environment for com­ But even outlines and study 29% of the eligible American theory! Then, out of the woodwork always seem to go against them. pleting briefs. The competition for groups provide their own set of voters into casting their ballots popped Conservative Guy Tom It may be time to seriously con­ access to a terminal is massive problems. for him. Speaker of the House Dougherty, who asked the mis­ sider how the brief writing process and even getting one does not Thomas S. Foley, House Majority guided youth, "So what are YOU affects first year law students as guarantee that it will be in work­ Leader Richard A. Gephardt and doing in law school? Just because a whole and whether a loss of ing order. The worst and all too Senate Majority Leader George J. you wear a baseball cap doesn't perspective is causing the process frequent disaster involves a com­ Mitchell were already forcing mean you're one of the common to go slightly out of control. puter locking up and trapping Clinton to make compromises on folk!" Many first years write their every page of a brief in its random his outlandish campaign prom­ It finally hit me. With the briefs despite being ill with head­ access memory. Sometimes the ises. The interloper then asserted, graduation from VLS of such aches, colds and high fevers and information can be recovered, but "You must be Republican." I conservative greats among the find themselves too weak to come all too often technical problems rejoined, "No, I'm NOT a regis­ likes of Mark Jacubik and Dan to class. Often for the sake of the make that impossible. The feeling tered Republican, because the Crossland, Tom and I represent brief they will skip class. Until the of helplessness that results is Atlantic County Clerk, Lori Moo- the last pillars of informed con­ brief is over they are plagued by agonizing. ney (D.) who was in charge of servatism in the Lounge, if not all bizarre dreams of their Legal The frustration felt by first mailing absentee ballots to regis­ of the Villanova School of Law. Writing professors or t(e library. years when writing their memo­ tered Atlantic County, New Jersey Our mission? To flush out all of They become agitated by law randums last semester has now voters, miraculously managed to the left-wing, posey-sniffing, professors who insist that the become an utter, ugly rage. If a make sure that all of the registered would-be commies from the brief is important and yet it is not laser printer fails to work, stu­ Republicans who requested a Lounge before we graduate. really important. It is this schi­ dents physically assault the prin­ ballot would NOT GET ONE. zophrenic view of brief writing ters by banging, slamming and When I went home that evening, Both my sister, who must precede that causes confusion and heart­ hammering them nearly to pieces. my beliefs regarding the fallacy of me on the voter registration list, ache for many. There is a genuine Concentration, that element so in Washington, and my roommate, who obviously Democratic Bliss sense of havoc that many first vital to any good writing, is in D.C. were confirmed by Peter lives at the same temporary year law students feel briefs short supply as one writes their Jennings on ABC's World News address I do, did NOT receive a wreak on their lives. brief. They have to hear the latest Tonight, NOT John Sununu on ballot. Computer glitch? I think First year law students consider George Carlin comedy routine, not, but back to our story. Firing Line. Mr. Jennings, on briefs the ultimate challenge students debating just what is The meddling mutant did not February 23,1993 at approximate­ because of the fear that if they do wrong with the Phillies baseball ly 6:35 p.m. reported, "Congress know how to intelligently respond not succeed in that, their entire recruiting system or how a bas­ must soon decide whether it will to my barrage of truths regarding legal careers are doomed. Every ketball player's knee blew out. the Democratic Dilemma so he vote on the Clinton Economic bit of knowledge gathered from Do briefs wreak as much havoc s i»i>ril, THE POCKET** PafltS Dear Conservative Guy Dear Conservative Guy, damn traumatic to me. Of course, now. I propose that we end every Whatever happened to glo­ if we ignore the fact that John single group in this school that bal warming? Adams was sworn in while the appeals to specific ethnic, racial, A few years ago, there was a British and French both threa­ gender or religious groups. It is theory that the Earth was getting tened war or Abraham Lincoln time to get rid of groups for Italian hotter as a result of the devastat­ became President while the South students, Irish students, Latin ing pollution caused by humans seceded then it becomes apparent American students, Asian stu­ and belching cattle. Being skep­ that Sal truly is both a political dents, BALSA, etc. Catholic Law tical by nature, I tried to research and a historical scholar of consid­ Students? End it. Jewish Law the issue. I was unable to do so erable talents. Students? End it. Women's Law because all of the libraries in the Caucus? Since half or more than area were closed by the Blizzard Dear Conservative Guy, half of the student body is female, of '93. For those of you who don't Pro-lifers are violent this group is no longer necessary know, blizzards are composed of killers. for the purpose it was probably snow. Snow is not a warm weath­ The killing of the doctor who founded (providing support for er event. Therefore, it is not performed abortions is deplorable. women in a predominantly male getting warmer. Therefore, envir­ If his killer was sane at the time law school). onmentalists are full of ... Some he committed murder, I hope he Something positive could be people claim that the only reason gets the death penalty. Having said about every group I want to Earth didn't get hotter this year said that, I think it irresponsible abolish. Yet, I fail to see the value is because of volcanic eruptions. and wrong to assume that all who in attempting to make people see Turchi. If that is true, let's just set off are pro-life condone or celebrate themselves as Irish-American law Dear Conservative Guy, a few volcanoes every year. such extremism. However, if you students instead of just law stu­ Dear Conservative Guy, Why are the same people believe that, then I believe that all dents. We should concentrate I am the only Miata driver always late to class? It is very Dear Conservative Guy, those who are pro-choice are bald more of our time and money on in the school and there is no rude and annoying. Make In the last issue, one of the lesbians who chain themselves to groups that are inclusive and group here for me. I was them stop. Please. other columnists wrote that the Liberty Bell as a form of address legal matters. Groups like trapped in my apartment for It is obvious that some people President Clinton had the protest against Supreme Court the Corporate Law Society, Civil a week during the Blizzard of in this school are too stupid to tell most difficult transition in decisions. Rights Law Society, International '93. Should I form my own time. For those people I would history. If that is true, why Law Society, Health Law Society, group and ask SBA for funds. suggest that they buy a digital don't you leave our President Dear Conservative Guy, Criminal Law Society and FLEP I could name the group Miata watch. It makes time fun and alone? I don't really feel like I'm a deal with law, not heritage. Pub­ Drivers Coping With Poor easy. For those people who are late Let's see. Clinton broke almost part of this school. Everybody lications like AWARE and Sports Traction? because of traffic try leaving all of his campaign promises breaks into little groups based and Entertainment Law Newslet­ There is no hope for you. You earlier. For those people who are before being sworn in. He is faced on their heritage and gender. ter/Journal/Publication in Page are obviously a twisted and broken deliberately late to class to make with an economy that is starting People have recently told me Proofs provide a valuable service little man chasing undergrads in some kind of a point or statement, to boom again (a fact due to his that my column is not that great to the law school. I guess we sporty little roadsters. Perverts stop it. You are rude and annoying. predecessor's handling of a mod­ anymore. I've gotten soft and should keep them. There, I've said like you deserve to die trapped in You can send hate mail on this erate recession). Sounds pretty boring. Well, let's fix that right it. Please send my hate mail to Bob a six inch high snowbank. topic to me. Versus

Liberal

by Angie Chen If this is the case, then you should now. have gone to one of the law schools As for which bar review to take, Dear Liberal Gal, with a Loan Forgiveness Program well obviously you must find out I'm so sick of law school I and you are stuck. The Liberal Gal which of your friends is a bar can't stand it. I'm behind in wishes you much luck and offers review or multistate representa­ all of my classes, none of my a lifetime supply of Cheerios and tive, and buy it from them so they so-called "connected" friends spaghetti to help out. can get their freebies. (Note: ILs are coughing up the outlines Dear Liberal Gal, and 2Ls should consider having I desperately need, my study The Tax Law Society and a little foresight and signing up group is filled with mooching the Grad Tax Program (with for those reviews NOW — you freeloaders, and I'm just the help of the esteemed Pro­ honestly will save quite a bit of about ready to tear my hair fessor Mulroney) threw an money if you do so.) out with aggravation. What absolutely phenomenal TG on Dear Liberal Gal, can I do? March 17th. The food was I'm desperate. I can't find a great, there was live music, job anywhere. Have I just The Liberal Gal sympathizes and we were regaled by our wasted three years of my life with your predicament. I suggest own faculty (Mulroney and just to be unemployed? you start concentrating first of all Becker) as well as Dean Probably. on catching up in your classes Reuschlein. The party far Dear Liberal Gal, (reading the text might be a very surpassed anything SBA has I'm thinking of buying a commendable place to start, going ever done. Why doesn't the cellular phone but just about to classes is another very good SBA throw TGs like that from everyone except Oprah is suggestion). Catching up in class now on? talking about how they cause will enable you to actually create The SBA doesn't have enough brain tumors. I don't think I your OWN outline — which is sort pull to get Professor Becker to sing can advance professionally if of the basic idea to begin with, Irish ballads at every TG. I don't work out of my car. since it is not the outline itself Dear Liberal Gal, What should I do? which will aid you in your courses I'm a 3L sorely confused People who talk on phones but the PROCESS of outlining. about all this bar stuff. I don't while driving deserve to die. take her out to lunch as promised. reach the other side (at least not Study groups are a personal call know which bar review to Cellular phones are probably one The designated lunching place without a life preserver or handy — if you feel that yours is not take, for starters. Second, I of the worst inventions of the was Gullifty's and Ms. Ayotte cruise ship). Rodent brains are assisting you then perhaps you want to take the Pennsylvania century. As if there weren't reports that "It was great! I even apparently ill-equipped to handle should switch to a different study bar and the New York bar. enough bad drivers on the road, got dessert and everything!" situations such as this. Lemmings group (maybe one with less people) I've been told I can do this, now we have drivers busy concen­ Dear Liberal Gal, symbolize the conformist nature or else try studying alone. For the but both states apparently trating on closing business deals What is a lemming and why of human beings and are essen­ hair loss problem, try Rogaine. In insist that I have to take the instead of the fact that they're do I feel like one? tially the equivalent of the "rat the meantime, find solace in the MultiState portion in THAT cruising at 85mph and weaving Lemmings are mouse-like race" image. fact that law school is an endu­ state, and I can't figure out if between in two lanes at the same rodents of the genus Lemmus. You probably feel like a lemming rance test as much as anything they even have reciprocity time with only one hand. On the They are of the northern regions, because life is getting a bit hectic, else, and that it is of limited with each other. And what's subject of cellular phones, the and are noted for their mass and you feel like you are doing a duration. Within three years or with the fingerprints required Liberal Gal says "Just say no." migrations which occur when lot for no purpose and to get less you will be able to escape in in New Jersey anyway? Dear Liberal Gal, their population increases to an nowhere. This is a perfectly the real world, where you will Dear frazzled 3L: Remember Did The Conservative Guy extent that their habitat no longer typical and acceptable response to make a career of doing this and that literally thousands of other ever take Kelly Ayotte out to can support them. The rumor your environment. Either that or you will at least be paid for your law students have been faced with lunch after losing his bet that exists that many times these mass you have a psychological craving aggravation. Unless, of course, the same problems and the over­ Clinton would be squashed migrations often end in mass to be a rodent, live in little holes, you are going into public interest, whelming majority of them have like a turnip in the Presiden­ suicide, since lemmings allegedly mass-produce and drown in the in which case you will have ten survived. In other words, if you tial elections? do not realize that they should Atlantic. In which case you should times the aggravation in addition can't figure it out by yourself, you The Liberal Gal has been stop when they hit the ocean, see a psychologist. Soon. to having no means with which must be a real loser and should informed by Ms. Ayotte that The because they cannot possibly hope Note: Suburban lemmings come to pay back your student loans. probably dtop out of law school Conservative Guy did, indeed. to swim all the way across and in shiny metal boxes. Page 6 • THE DOCKET • April, 1993 ORGANIZATIONS Gilbert & Sullivan i at VULS If you like Gilbert & Sullivan, graphy. These are no "stand THe^ you should have gone to the Court around and sing" performances. Jesters production of The Gon­ The Jesters' productions are vis­ doliers — presented at Merion ual fun — lots of movement and

The Festival of Passover [Jewish Law Society] Family

by Shayna Goering searches for them and when the (sacrifice was made at the first other nights?" The leader of the Law Passover is the middle festival crumbs are found they are burned. Seder). Seder recites the answer and of the three: Sukkot, Passover, Lastly, Jews are not allowed to At the Seder there are three begins the story of the Exodus. The Villanova University Shavuot. Like all festivals it own any leavened material during matzot. Each matzot symbolizes Next is the story of the four sons School of Law Family Law Society celebrates a historical event and this week. Generally, the Rabbi of one of the groups of Israelites. The (egalitarian Haggadahs have four sponsored a symposium on March a harvest. Passover celebrates the each synagogue sells all of the top matzah represents the koha- daughters). There is a wise son, 25 at 7:30 p.m. in Room 29 in harvest of the spring fruit and the chamatz of the members to a non- neem, the priests. The middle a wicked son, a simple son and Garey Hall. A distinguished panel exodus from Egypt after 400 years Jew for that week. matzah serves a double purpose one who is too young to ask. Each addressed the topic of "Respond­ of slavery. (If you want to know The holiday of Passover begins in relation to the other three; it son has a question about the ing to Child Abuse: What You the story of the exodus rent The on the first night with a Seder. symbolizes the Levee-im, who Exodus and the Haggadah tells Need to Know." Ten Commandments.) Seder is the Hebrew word for aided the priests at the temple the leader how to answer each of The panel included Thomas Passover is a very difficult order. The Seder is a very complex (ancient destroyed temple in his­ their questions. As part of the Egan, Esq., District Attorney for holiday to celebrate. The holiday and symbolic service. The actual torical Israel). The middle matzah retelling the ten plagues are listed Montgomery County and captain lasts for a week. During this week service is written in a book called is also broken in half and one half out loud and as each plague is of the sex crimes team in the Jews cannot eat any leavened a Haggadah (Ha-ga-da). Members becomes the ajikomen (dessert). recited everyone spills from the D.A.'s office; Bruce Mapes, Ph.D., material, Chamatz. To avoid any play a very large part in the Seder The ajikomen is needed to finish third cup of wine to show a clinical psychologist on staff at possibility of coming in contact and everything on the table has the Seder. During the actual meal decrease in joy at the harm of Paoli Memorial Hospital, consul­ with leavening, Jews do a tho­ a symbolic meaning. The main the person leading the Seder hides others. Many commentaries Sy tant to Chester County juvenile rough Spring cleaning. All the point of the Seder is the retelling the ajikomen. After the meal the Rabbis on the story and symbols court and member of the Chester food one uses during the year has of the exodus from Egypt. children search for the ajikomen. of the holiday are read. A sand­ County Neuropsychological Asso­ removed from the pantry and (Note: Most Jews have a Seder to be Whoever finds it holds it ransom wich of bitter herbs and matzah ciates; Richard Spargo, case the refrigerator. The entire kit­ on the first and second nights of is eaten to remind the participants worker with Children and Youth chen has to be covered or not used. and trades it back to the leader Passover. This is a tradition that for a prize. of the bitterness of slavery. The Services; and Cheryl Young, Esq., For example, the pantry shelves was practiced before modern family law attorney with Lastly, there are five cups of greens are dipped in salt water are recovered, countertops, the calender.) The Seder has three and eaten to remind all of the tears McTighe, Weiss, Bacine & stove, and refrigerator shelves are main religious instruments: the wine at the Seder. Each person O'Rourke, PC in Norristown, Pa., drinks four cups of wine; each one shed while we were slaves in all covered. Seder plate, wine, and matzot Egypt. Prior to the meal the and co-chair of the Montgomery Furthermore, most Jews have (plural matza). The Seder plate representing a way in which God County Bar Association Family rescued the Jews from slavery. children are sent to the door to separate dishes for the holiday contains: greens (carpas), apple, yell "All who are hungry come in Law Section Custody Committee. and the cabinets that contain banana and honey mixture (cha- The fifth cup is filled as part of Donald N. Bersoff, JD, PhD, direc­ the Seder and offered to Elijah the and eat." Since no food should be every day dishes are taped shut. roset), egg (baytsah), shank bone, wasted at the Seder, after the tor of the Law and Psychology Very religious Jews use large bitter herbs (maror). The greens prophet who comes to herald the Program and law professor at coming of the Messiah. meal Elijah's cup is filled and basins to wash dishes in and have (sesach) symbolize the rebirth of again the children open the door Villanova School of Law, moder­ different table linens for the spring; the charoset represents The order of the Seder goes for Elijah. The fourth cup of wine ated the discussion. holiday as well. the mortar the Jews had to mix something like this; The kiddush, is finished and the Seder is fin­ The topics for discussion The evening before Passover when they were slaves; the maror blessing over the first cup of wine ished with songs. included the signs of child abuse, there is a final symbolic banishing symbolizes the bitterness of slav­ is first. Then the youngest person the duty to report suspected of leavened material called Bidicat ery; the egg symbolizes the cycle at the Seder asks the four ques­ Usually the entire event lasts abuse, the evaluation process, Chamats. Some bread crumbs are of the seasons; and the shank bone tions. The questions begin "why 4-5 hours. However, Orthodox civil and criminal proceedings, hidden in a corner and the family symbolizes the sacrificial lamb is this night different from all Jews retell the Exodus all night. and reuniting the family. April, 1993* THE DOCKET • Page 7 ORGANIZATIONS Asian Pacific American Law Student Association $225 Black Law Students Association $650 Catholic Law Students Society $300 Civil Rights Law Society - ^ $175 Corporate Law Society $300 Court Jesters I - $600 Criminal Law Society ^ ; $425 Environmental Law Society $400 Family Law Society $150 Health Law Society ^ $200 Intellectual Property Law Societv $250 International Law Society $525 Jewish Law Students Association $250 Latin American Law Students 1^. Association ^ $600 National Italian American Bar Association $250 Phi Delta Phi $475 Rugby Club $550 Sports and Entertainment Law Society $650 Tax Law Society $300 Women's Law Caucus $675 Page 8 • THE DOCKET • April, 1993 April, 1993* THE DOCKET • Page 9 EVENTS Page 10 • THE DOCKET • April, 1993

The Villanova Law Review is pleased to announce the Editorial Board for Volume XXXIX: VILLANOVA LAW REVIEW

VOLUME XXXIX

Editor-in-< William J. Delany

Executive Editor Alison M. Bennett

Managing Editors

Production Development Penny S. Indictor David J. Glass

Student Work Articles Cathleen M. Devlin Robert Ebby Ellen J. Glickman Alan R. Gries Jeanine Kasulis Tracy A. Peterson Laurie A. Tribble Andrew M. Souder

Symposium Writing Competition Lewis P. Checchia Patricia N. Clark Sheryl H. Love David G. Gibson

Associate Editors David Aikens Michael Frattone Gideon T.J. Alpert Nancy L. Harris Amy B. Anderson Christopher M. Harvey F. Brad Batcha Mark A. Hershey Karen L. Brull Kyle R. Kravitz Brian J. Cullen Jacqueline Pasquarella Stephen H. Eland Laura M. Savage Beth L. Eskin Holly L. Thompson Alison Fiala Donna L. Travia April, 1993* THE DOCKET • Page 11

The Villanova Environmental Law Journal is pleased to announce the Editorial Board for Volume V: VOLUME V

Editor -in-Chief Catherine A. Barth

Executive Editor Michael A. Meehan

Managing Editor Managing Editor Student Work Outside Articles Gregory J. May - William E. Remphrey, Jr.

Symposium Editor Special Projects Editor Karen M. Keating Sharmon Prlaubc

Business Editor Michael H. Sheft

Editors of Student Work Editors of Outside Articles Robert Ballard Henry R. Felix Arnold E. Capriottl, Jr. Howard G. Hopkirk Kimberly S. Toomey Rhett Traband Jennifer Lee Wade f »• • •-n-i-u't.i in ».» cot iinn Page 12 • THE DOCKET • April, 1993 Blizzard of '93, It Snowed Federalists in Harvard

by Mark Blount nacy and therefore why not let Richard Fallon of Harvard Law stressed that the Court's power misused for improper purposes. The Honorable William Kristol, During the weekend of March precedent persuade the decision School stated that judges may and lies in its legitimacy and to that extent there is political influence former Chief of Staff, Office of the 12-14, while most of the east coast maker. Professor Akhil Amar of do use non-legal theory in a Vice President, argued that the was snowed in during the "Bliz­ Yale Law School, after distin­ justificatory way. They reach a on the Court. Professor Martin zard of '93," myself, and two other guishing between the concept of decision and justify it with non- Shapiro of the University of Court is a weak and dependent political institution. He stated Villanova Law students (David res judicata and stare decisis, legal theory. California, Berkley, Bolt Law Becker and Cathy Murphy) which was the subject of the The most heated exchanges School, stated that judges neces­ that the decisions cannot be sarily lie. On the one hand judges sustained unless there is political attended the Federalist Society's paper, stated that in our current came in the final roundtable backing. He then argued that the Twelfth Annual National Sympo­ practice precedent is not necessar­ discussion entitled The Supreme do make law and on the other only cure is to seriously reform sium on Law and Public Policy. ily followed. Professor Amar also Court as a Political Institution. hand, judges deny making law. He current practice by enforcing The symposium was entitled raised the question of whether The moderator for this panel was stated that they make policy Judicial Decision Making: The judges have the right to get it Judge Laurence Silberman of the decisions based on what they traditional federalism. The Federalist Society has over Role of Text, Precedent, and The wrong. U.S. Court of Appeals, D.C. Cir­ think is best for society while they Rule of Law. Despite the blizzard, The next session which was cuit. The first speaker was Pro­ claim to be required to decide this the last 12 years attempted to promote its principals that the approximately 300 law students, moderated by Judge Paul Michel fessor Lino Graglia of the Univer­ way based on the law. Judge Stephen Reinhardt of the state exists to preserve freedom, faculty and lawyers attended with of the U.S. Court of Appeals, sity of Texas Law School. over 50 law schools represented. Federal Circuit, was entitled Text Professor Graglia was quick to U.S. Court of Appeals, 9th Circuit, that the separation of governmen­ tal powers is central to our Con­ Sometime during the course of the and History in Statutory Construc­ point out that the Court is the accepted and supported the con­ stitution, and that it is emphat­ weekend it occurred to me how tion. The participants were Judge most lawless of all our institu­ cept that the Court is a political ically the province of the judiciary ironic it was that such a program Frank Easterbrook of the U.S. tions. He stated that liberal law institution. He stressed that the Constitution is evolving and that to say what the law is, now what would be held within the walls of Court of Appeals, 7th Circuit, and professors wish they wereJustices it should be. The annual student what has become the feeding Judge A. Raymond Randolph of while the Justices act as liberal its importance lies in the Bill of Rights. He argued that the Court symposium is one such vehicle by ground for legal liberalism. Har­ the U.S. Court of Appeals, D.C. law professors. He advocated that the Federalist Society has vard Law School. This article's Circuit. Judge Easterbrook stated ideally the Court should pay no is isolated in order that it may which protect the unpopular viewpoint used to further an awareness of purpose is to provide the Villanova that plain meaning is not plain attention to the practical conse­ community with a brief overview and any determination of meaning quences of its decisions, rather, without fear. However, Professor its principals. The debates Graglia was quick to respond by between liberal and conservative of the discussions and debates must be jurisprudential. He advo­ that consequences are for politi­ that took place over the course of cated that the answer lies not cians. The Court should only say stating that to allow the Court not intellectual leaders in our society to be bound by the text but to have that occur each year at the annual the weekend. A transcript of the with the subjective intent of the what the law is and what result freedom to create rights is improp­ event serve just such an aware­ symposium will be published in drafters, rather, it lies in a mechan­ is required by the law, because to er. He argued that in the same ness function. Hopefully I have the Harvard Journal of Law and ical interpretive process. do otherwise is to perform a sense that this unrestrained illeg­ been able to convey an awareness • Public Policy in the near future. Judge Easterbrook then set function, making law, which does itimate of my experience at Harvard Law The program kicked off Friday forth eight theses of interpretation not properly lie with the Court. power may be used to evening with some opening which create what he called Professor Thomas Merril of reach go^ political results some­ School. remarks by Dean Robert Clark of textualism. First, is the "intent is Northwestern Law School, times, it may also backfire and be Harvard Law School. Following empty" thesis. Second, is the no the welcoming remarks there was answer thesis. This requires the a panel discussion entitled The interpreter to accept the incom­ Student Spotlight Enterprise of Judging with Judge pleteness of law and admit that Morris Arnold, U.S. Court of there are gaps in statutes. He Finals in Florida. In the Semis beginning to show signs of stress. Appeals, 8th Circuit, as the mod­ stated that when there is no by T. John Forkin against national power Georgia The young Cats fell short of an erator. The panel participants answer in the text, the interpreter Spring has finally arrived; Tech, Kingsbury pitched an out­ N.C.A.A. bid last year. However, included: Professor Lilian BeVier must not put an answer there flowers are blooming, birds sing­ standing game and nailed the Kingsbury's disappointment was of Virginia Law School; Judge with moral and social values. ing, people jogging, visions of victory; it was onto the finals quelled by a solid L.S.A.T. score Stephen Reinhardt of the U.S. Third, the no spirit thesis, which vvarm sun, sand and surf begin against Miami. However with the and news of his acceptance into Court of Appeals, 9th Circuit; and means that you must recognize to creep out of the subliminal stress and strain that a pitcher Villanova Law. More decisions to Dean Russell Osgood of Cornell that law is a compromise and mind. endures in his throwing arm, make, should he play for the As there is no spirit behind the law. However while most law stu­ Law School. Kingsbury was on ice for the final. or go to law school? How about The highlight of the discussion Fourth, is the respect for rules dents are thinking about clerk­ Villanova played tough but the both? Both? . thesis. Fifth, is the respect for ships and weekends at the shore, came with an exchange; ween Cats bats went as cold as the ice­ After graduating in the' top' of Professor BeVier and Judge Rein­ structure thesis. Sixth, is the IL Larry Kingsbury is preparing pack on Kingsbury's arm and his class last May, Kingsbury hardt, who has been called the limited term thesis. What this to attend the Oakland As' training Nova had to settle for second. went directly to the As' training workhorse of the left. In response means is that we must only let camp in California. Baseball — The following year Kingsbury camp/farm team in Medford, to Judge Reinhardt's remark that the sitting congress make the the Ail-American sport that occu­ and Villanova again went to the Oregon to prepare for the "Big the enterprise of laws. Seventh, is the no tOTporal pies the dreams of every little judging includes N.C.A.A. and again came up with Leagues. " He had to test the the responsibility of judges to act shift thesis. He explained that the leaguer across the country. So are similar results, losing to top waters, he did not want to look as social supervisors, Professor right context for interpretation is we going to see Larry Kingsbury on TV this summer? Well, that ranked Clemson in the Semis. All back and wonder "whatif?" Law BeVier stated that judges as social the time of enactment, not the school didn't start until August time of the decision. Eighth, is the depends on how well his shoulder the while, the power pitcher from leaders and directors are incom­ Villanova was gaining attention 18, he had time! petent. She went on to explain no genie thesis, which is self progresses under his rehabilita­ from pro-scouts. Kingsbury was throwing fire that the role judiciary is to apply explanatory. These eight thesis. tion. Kingsbury suffered a subli- During his junior year Kings­ the first week, he looked strong. the law as it exists and that the Judge Easterbrook advocated, cation (mild dislocation) of his bury had arrived. Pro-scouts were But it was not to be, for in setting role of social director should be presents such a mechanical inter­ shoulder this past summer while attending games regularly and appearance records and leading left to the branch of government, pretive process which is required in the As' training camp. Villanova rolled over opponents Villanova, the stress on his congress, who has the time and to properly determine meaning. Kingsbury has been playing on a regular basis on their way shoulder finally gave in. One day the resources to empirically study Judge Randolph followed up by baseball since he picked up a bat to another Big East Title. The on the mound Kingsbury threw our society and lead us into the stating that the idea that the to play T'Ball in kindergarten. He Cats went to the N.C.A.A.s' with a bullet, so fast and so strong he future. It would be foolish and meaning of words are included in grew up right around the corner serious momentum and an ex­ popped his shoulder. Ironically improper to allow judges, who are the meaning of the statute is false. from the Law School in Wayne, perienced senior laden team. The the work ethic that gave him a isolated from public responsibili­ Rather, he advocated, it is only the and as the middle son of William results, unfortunately were" no shot at the pros and gained him ty, to be our social guide. words in the statute that give the and Lillian Kingsbury played different, with the Cats again admission into law school caused Saturday morning began with statute meaning. Judge Randolph Little League in the area and coming up shy of a championship. the apparent end of his baseball a discussion entitled Stare Decisis argued that the interpreting judge never really showed any special For Kingsbury, however, things career. and Constitutional Meaning must perform a rigorous textual signs of what was to come. were different; very different. The Larry Kingsbury now focuses was moderated by Judge Douglas analysis to determine its meaning. Kingsbury attended Archbishop Oakland As, the former World on another dream, that of becom­ Ginsburg, U.S. Court of Appeals, The next panel discussion was Carroll and lettered in both foot­ Series Champions, drafted the ing a lawyer. Now the IL studies D.C. Circuit. Professor Gary entitled Non-Legal Theory in ball and baseball, while being junior power pitcher. torts, contracts and property as Lawson of Northwestern Law Judicial Decision Making with voted captain his senior year. Still There were some very serious opposed to fast balls, curve balls School presented a soon to be Judge Alex Kozinski of the U.S. there were no real signs of his decisions to make. Should he go and sliders. Kingsbury loves law published paper on this topic in Court of Appeals, 9th Circuit, as ability to pitch a baseball. Actually pro and leave a Villanova program school and the daily challenges it which he emphasized that Consti­ the moderator. Professor Linda young Kingsbury preferred to play football and run touchdowns that was losing a huge senior presents. You can often find him tution is the supreme law of the Hirshman of Chicago-Kent College in the library preparing for class as opposed to throwing strikes. class? Why come back for an land and must prevail over prece­ of Law, argued for the use of moral or outlining as he is a regular Although his teams at Carroll average senior year? "The Pros," dent when in conflict. In other philosophy in judicial decision member of the "late night Library words when there is a judicial making. She stated that anyone were average, his academic and every kid's dream, was so close. athletic ability shined drawing But what of his educational goals? Club." decision placed next to the Con­ who claims to believe in neutral So are we going to see Kings­ stitution and the two require principals, use this as a guise for the attention of a number of Kingsbury's mother, a mathemat­ ics professor at Villanova, always bury on TV this summer? Well different outcomes, the Constitu­ their own vehicle. Judge Stephen university scouts for both baseball had her son focus on academic what was believed to be a career tion must prevail. This presumes. Williams of the U.S. Court of and football. excellence to correspond with his ending injury, has improved dram­ Professor Lawson stated, that the Appeals, D.C. Circuit, attacked Villanova got the eventual nod, athletic success. There was also atically under rehab. The As' offer Constitution has a discernable this concept based on the idea that and while it looked as if Kingsbury would follow his brother onto the another dream, to attend Villan­ still stands and he may return this meaning. Professor Lawson advo­ this would make judges conse- spring. When the Docket asked football squad it was baseball that ova Law School and become a cated using extratextual sources quentialists. Judge Kozinski point­ him what the story was he replied won out in the end. Coach George lawyer. Kingsbury remained true to determine the meaning. ed out to Professor Hirshman that "well if I don't get a clerkship this Bennette saw a diamond in the to his school and his educational Professor Charles Fried of Har­ morality comes into play during summer I need something to fall vard Law School pointed out an the drafting and enactment of a rough raw power of Kingsbury, ambitions and remained at Villan­ resulting in a scholarship "offer ova. He had the As' agree to wait back on." Just think what a ringer inconsistency in Professor Law- particular law and the judges only he would be on the old firm soft- son's analysis. He stated that proper role is to apply that law and subsequent acceptance." until after graduation. His senior year Kingsbury was ball team not to mention the Lawson's use of theories external to the facts at hand and not to Coach Bennette began work on team captain of a young group of Annual Law School Tourney at to the text to determine its mean­ insert their own morality when his prodigy that winter, focusing inexperienced Cats. Nonetheless Duke Law this Spring. Well ing is contradictory to his thesis applying the law as it exists. the power on control and change- he led them with a 310 E.R.A. maybe next year. As for now of not using precedent to deter­ Professor Jonathan Macey of ups. That spring Kingsbury was ready to future shifted into lights- (earned run average), set the Kingsbury just wants to finish his mine meaning. Professor Fred Cornell Law School advocated the spring as strong as he finished his Schauer, of the John F. Kennedy use of economics in law. He stated peed as he helped Villanova to a record for appearances in a season Big East championship and a and in a career and hit a couple fall semester. Maybe someday he School of Government, Harvard that law is an empty vessel into will be negotiating multi-million birth in the N.C.A.A. tourney. The of homers to boot. He worked University, followed on this point. which the judge must pour eco­ contracts for some young baseball He stated that even within Law- nomics in order to inform our young Villanova power pitcher led hard, perhaps too hard and it began to show; his shoulder was star, or maybe just for himself. son's analysis there is indetermi­ understanding of law. Professor the Cats to the Regional Semi April, 1993* THE DOCKET • Page 13 iFEATURES Federalism John Conwell ests were represented, and the gress, between the States and the States could keep Big Brother at central government. The Court What is a federalist? bay. Then came the Amendment. also has the task of keeping the The word "federal" harkens us *>Jo more state control of the 18th Century embodiment of the back to our glorious birth as a senate, too many political bosses." Social Contract applicable to the nation. Thirteen provinces of the father than have different folks 20th Century and beyond. This Old World joined together to form represented in each part of the includes the full understanding of a federation. No, Trekkies, there Congress, we decided to turn it all how the Contract has changed was no Starship Enterprise to over to the people. Sorry States, with the added amendments. The keep the peace. The threats came now the Central government can most controversial to most in the form of taxation without decide that what once was a local Federalist-types are the Civil War representation' and the colonists concern affects all of us and the Amendments. They were enacted thumbed their nose's at King People would like you to enforce to secure for former slaves the our 55 m.p.h. speed limit or else. basic dignities afforded every \ George. After a bit of a scuffle and some help from France, who have Now the masses have their input European by the Constitution.= been getting us into trouble ever throughout the Legislative pro­ Since enactment they have been since,^ the independant states cess, and I guess someone ought employed to eliminate the system­ liked the idea of confederating. to explain why we still need a ic injustice inherent in many And so the Articles of Confeder­ bicameral system to make laws, States against the disempowered. ation were born. And died. The or at least bounce checks. Some­ Given that the State role in federal wisdomof the founding fathers led where along the way a check has government has been all but them to believe that only a lost its balance. eliminated, I wonder if the Court stronger central government could Then there is the illustrious shouldn't be allowed to apply withstand the erosion of time, but Executive duty, which all Feder­ more populist meaning to these not the corruption of power. Even alists know is solely to enforce limitations on power centers. our great political thinkers of the laws, would be handled by two This does not answer "What is 1700's knew that power corrupts, different agencies: the President a Federalist" but does start us and absolute power corrupts abso­ (known as the Executive) and the down the path. A federalist is lutely. So a nifty little concept was Judiciary. The executive powers someone who wants to enshrine dreamed up — checks and balan­ are not to extend into "making the Constitution and keep govern­ ces. The basic idea is to splinter law," only seeing that it is comp­ ment within the original scheme the power inherent in the Sover­ lied with, part of the duty of of the drafters.® Not unlike the eign into as many power centers enforcing the law is deciding who shrine the Communists enacted at odds with each other that swift has broken it, who to prosecute. for Lenin. You can still see the action is difficult, and coherent But Congress felt it was too founder, but it offers little action impossible. burdened with all the fun things guidance. to do, and the President was Signed, The Legislative duty, which all hey, what are friends for? they required a say in the exercise Federalists know is solely to make always flying around the globe, so Publius Here, the House of Representatives of the power. laws, would be handled in a Congress created Executive Agen­ are the voice of the individuals. If you pay attention during Jimmy bifurcated process, allowing the cies to implement the Law, com­ Granted that geographical con­ Stewart's Mr. Smith Goes To masses to have their input plete with any "clarifying" rules. ' Kind of like when the IRS 'creates' straints are placed on the clans Washington you can see (1) that the through the House and the State's The dividing line between a rule a rule. Our elected representatives which may choose them. This was State used to appoint Senators, and probably (2) that political bosses controlled through the Senate. The goal was and a Law is about as wide as a are about as much a part of this done to facilitate the hair. Now all the President's Men process as the colonial Governors process, as it would be difficult for most states. Hollywood ain't all to ensure that the different sour­ bad. get to figure out who to get and were a part of placing the tax on a voter in New York to know every ces of legitimacy in our Social candidate But, see American Indian exploi­ what the law means. The joys of tea. for the House from Contract would be involved in the - They were helpless against the Georgia, Florida, etc. it was diffi­ tation from 1692 to 1993. Once process. The Social Contract gives power. cult enough to know the Presiden­ defeated by the transplanted Euro­ The Judiciary has the task of Kaizer, Hitler, and sucked us into to the Government certain powers a "Police Action" in SouthEast tial Candidates. The Senate was pean believing in Manifest Destiny, that would, in a state of nature, working out conflicts between/ Asia. More recently, they pulled the voice of the more local, more always used as a doormat by the legacy. rest with individuals or with the among the different branches of out of NATO, built their own democratic state governments. collectives they came to form.^ our multi-dimensional Republic. nuclear arsenal, and prohibited US Because States were surrendering See Edwin Meese, III, speeches in Villanova Law School Federalist 'Throfugh this form of law-making, Disputes among the States, planes from flying overhead to certain of their powers over the people to a central government. Society propaganda. a great number of political inter­ between the President and Con­ bomb an unsuspecting Libya. But What a Federalist Isn't Scott Donnini way it is. This is known in and repeal them and make them genous anyway, the idea of limited eventually when you no longer In response to Federalism com­ thinking circles as a self-evident and change them. It is us in state autonomy is out of touch like the direction it's going and mentator Publius Oklahomus proposition. The realist answers control of the law not vica versa. with the present political and you will find you won't be able (who can be found, when facing the question "WHY" with the The realist lets the tail get away legal "reality." First, certain to. the map, far to the left of the answer "BECAUSE, THAT'S with wagging the dog. When law issues are meant for communities Third, a federalist is not always Thirteen Original Colonies), I WHY" and sticks their tongue is your creation, you make it do to decide for themselves by the at odds with Publius Olkahomus. would like to briefly supplement out, "SO THERE." As a kid, I what you intend it to do, it does democratic process in small com­ I would agree with Publius Olka­ his discussion of what a federalist would sock my sister when she not drive itself. We say what the munities, i.e. states, so such homus that the "regulations" of is with a list of what a federalist did that. And like it. Still I wonder law OUGHT to be. The realist communities within reasonable agencies have been allowed to is not. My list, like that of Publius how things that are human crea­ says the law ought to be what it limits can decide how to govern usurp the role of legitimate leg­ Oklahomus, is not exhaustive. tions, law and society, become is because it is what it ought to themselves. Second, the reality islation. That is why deregulation First, a federalist is not a "Legal separate entities with a life apart be — the Lewis Carroll School of may be the reality because it was might be a happy thing. Still, that Realist," in the trendy progressive from and controlling of their Legal Thought. molded that way by the creative is the problem you encounter sense of the word. A "legal realist" creators? (please don't waste my Publius Olkahomus uses the use of the "interstate commerce when an all powerful, yet chicken- is someone that says this is the time with the "what about the A- example of the antiquity of the clause" to stick Uncle Sam's ever­ hearted, Congress drafts laws way it is and therefore this is the bomb" schitck) We set up laws bicameral system in the legislative growing thumb into any pie he deliberately to be vague enough to branch. The 17th Amendment wants. The states were not des­ endear them to every interest made the Senate popularly elected tined to be inevitably emasculated, group and their entire constituen­ rather than appointed by the there was someone there with the cy. The resulting legislation is states. Thank goodness too scissors and the will to use them. nothing more than an empty because the state appointment Second, a federalist is not a canvas that these cartoonists call system was corrupt. But the way jurisprudential hypocrite. If you art which requires the enforcing it is now, says P.O., the Senate will permit an example. A feder­ branch to add the color. Or worse no longer serves the purpose for alist would not have the temerity yet allows for the giving of the which it was intended — speak to propound that it is O.K. for the paint and brushes to the judiciary. with a voice less influenced by judiciary to say that abortion is Then you're really in for some popular opinion than the House a constitutional right (unenumer- psychedelic stuff. Are the Blue and be more protective of the ated) and then turn faces and say Meanies an insular minority? And autonomies of the states — so why that you cannot use the exact how do they fit into CERCLA? bother having it bicameral any same legal fictions .and whole Fourth, a federalist does not further? This "realism" ignores cloths to say that there is a merely worship the bones of a that the corruption of the state constitutional right to life (unen- dead age. A federalist would think appointment process could have umerated). A federalist would call that Publius Olkahomus' compar­ been dealt with directly rather that intellectual dishonesty. A ison with the communist shrine than by throwing a wrench into federalist would say that both to Lenin might be more approp­ the original constitutional scheme ideas are bunk and that it is not riately analogous to the Eternal by making the Senate popularly for the judiciary to say either way. Flame vigil for Kennedy — in elected. Of course it doesn't work There is no constitutional basis more ways than one. the same now, the 17th Amend­ to say that abortion is or isn't Finally, a federalist might agree ment MADE the way it is the way constitutional which would make with Publius Olkahomous that it is, it didn't just happen. And either one someone's opinion. A presently the best thing about by the way, the longer terms federalist would call that intellec­ France is the Mona Lisa. And limits, the equal representation of tual coin tossing with a double that's Italian. each of the states and the different headed coin. And don't tell me powers given the Senate has make unelected judges have a duty to it somewhat less than expendable. be social engineers. Without the I've heard a similar argument democratic process to hit the that goes like this; since govern­ breaks, judicial social engineering ment is now mainly centralized is a runaway train. Even if you into the national government and enjoy the ride for a little while, the states are more or less andro- you will likely want to get off Page 14 • THE DOCKET • April, 1993

Farrell Runs For Probate Judge

Gerald E. Farrell, Jr., a third the Wallingford chapter of Habitat year law student at Villanova for Humanity, and Wallingford University Law School, is pleased Center Inc. In addition to attend­ to announce his candidacy for the ing law school and being involved position of Judge of Probate in in community activities, Farrell Wallingford, Connecticut. Mr. also owns and operates his own Farrell, a lifelong native of Wal­ business, a consulting firm known lingford, announced his candidacy as Raguin Associates, which to the Wallingford Republican advises the Archdiocese of Boston Town Committee at its March and other religious institutions on 10th meeting. The announcement the preservation of historic reli­ was greeted with approval by gious structures. committee members and by sup­ porters of Mr. Farrell. "It is A committee of over fifty sup­ because I feel I have the qualities porters has volunteered to assist to work in the service of my Farrell in his bid "for office and the community that I have decided to committee has made the proper run for judge of probate," Farrell legal filings with the Connecticut told the town committee. Among Secretary of State. Farrell has the qualities that Farrell said that named Robert Beaumont, former Wallingford needed in a judge of chairman of Wallingford's Public probate were a legal background, Utilities Commission, to serve as sympathy and concern for people, his campaign treasurer and and a willingness to work. A expects to name a campaign number of Mr. Farrell's suppor­ manager soon. The Honorable ters also spoke at the meeting and Sonya Kischkum, Wallingford's CROSSW RD® Crossword told the committee of the energy present judge of probate, retires Edited by Stan Chess and intelligence that Farrell would in August. The election to succeed Judge Kischkum will occur Puzzle Created by Fred Pisco p bring to the Probate Court. An ACROSS Cheater's DOWN 32 Speed honors graduate of Choate Rosem­ November 2, 1993. "I really feel 1 Hydrocartion sleeveful 1 " Gota number ary Hall and a cum laude graduate that I have an excellent chance to suffix 41 Mechanical Friemf 33 Melville novel succeed because my support cuts 4 It's fun of tooth 2 FochandRicd 34 Football player of Holy Cross College, Farrell bologna •Oi OW 3 InskJe with poor expects to receive his juris docto­ across many boundaries and 8 Heart for Smoky" 4 ActorCdeman training-table includes Republicans, Democrats, one -, 43 • no 5 Notorious manners? rate from Villanova University in 13 Eagle or questions..." Braun 36 Recommend May and take the Connecticut bar Independents, young people and double eagle 44 Bind 6 Levenor forasecond examination in July. Farrell is one senior citizens, and people from all 14 Cosmetics unceremoni­ Linnhe opinion racial and ethnic backgrounds," company ously 7 Signed 39 Dead of the co-presidents of the Catholic 15 The thief of 46 Corpsman 8 Dct usage Sodaly {Pobin Law Students Association at the Farrell said. Farrell plans an bad gagsT 48 'TheWiW label Williams film) intensive door to door campaign 16 Foott>all player Swans at 9 Touch up 40 Attributes law school. Farrell has been active vvtio runs on Coole'poet anew, 42 Maria in the public affairs of Wallingford beginning September 1. If elected, intuition? 50 Second ton serially (Jamaican for the last ten years, has served Farrell would be the first Repub­ 18 Timepiece experiment 10 Foottell ^ayer liqueur) lican to be judge of probate in parts 54 Choir attire who's short on 43 H as vice chairman of the Walling­ 19 Starofbeacfi 56 Broorsis experience? 45 Plains home ford Historic District Study Com­ Wallingford in sixty-three years, movies 58 Christmas-tree 11 Charitable 47 Believers, of the last Republican judge of pro­ 20 Playboy decoration donations sorts mittee, is the founder and pres­ nickname 59 GiraffeUke 12 Fit together 49 Separates out ident of the Wallingford Historic bate being the Honorable John A. New Board 22 Unwind animal closely 51 " Help Preservation Trust, and serves on Marttin. who left office in 1930. 23 Fixes footwear 61 Football player 13 Overtxoil Myser 25 Outflow of who's always 17 vlack, Jennifer 52 Aluminum the boards of directors of Walling- For further information; (215) Members resources seeking photo and Tim oftfie giant ford's Center Street Cemetery, 27 Strunkand ops? movies 53 Albanian 525-2344. White concern 63 Traveled 21 He may get currency Added 29 Satirical Greek between roasted, 54 Greasepaint poem electrodes surprisingly sound? 32 Broods 64 Loose-fitting 24 John B.. e.g. 55 Gumbo Steven P. Frankino, dean of 35 Phirs dress 26 Doctor's "Say ingredient Villanova University School of counterpart 65 Simian in 57 Cordon The Firm Game 37 Alma- space 28 Derby site 60 Driver's Law announces the addition of (Kazakhstan's 66 it in 30 Columnist's licenses, Harvard Law Record summer associates a "collegial two new members of the Board capital) (makes tidbit perhaps of Consultors. Richard P. 38 During money) 31 QuantiVof 62 Goucestar*! Friday, October 23,1992 atmosphere" with hands on R.R stop beer cape McBride, Esq., of Horsham, Pen­ 39 Brainteaser experience? T r iiT By LIZA ZORNBURG Madline Fain '94 acquired her nsylvania and Jeffrey S. Moorad, healthy skepticism for firm Esq., of Berkeley, California are It's like Jeopardy, being artful resumes early. "The interviewer both graduates of the School of enough to ask all the right ques­ for a D.C. firm asked me what Law. tions. It's like Hollywood squares, areas of the law I'm interested. I McBride is a member of the charming the guy so much that said immigration law, to which he class of 1971 and is senior partner your answers don't count. It's like responded, 'Well, we have no in the Montgomery County, Pen­ Card Sharks, getting the luck of interest in that here.' And I said, nsylvania firm of McBride & the draw, because your interview­ 'But in yoiur firm resume it's Murphy. He is a highly regarded er shares your passion for nude listed as a practice area.' To which attorney and real estate developer bungee jumping. What is it? IT'S he responded, 'Well that's only in that county. THE FIRM GAME! The process one attorney who does it on the Moorad is a graduate of the is time-consuming and the com­ side every now and then.' So I told class of 1981 and partner in the petition is tough, but winners take him that I'm also interested in Newport Beach, California law home all-expenses-paid trips to health law. 'Do people do health firm of Steinberg & Moorad. the firms of their choice. law?' he asked. 'Well I thought so,' Moorad is one of the most prom­ &4 bS Now three weeks into the inter­ I said, 'since that's in your firm inent sports agents in the country with his law firm representing view season, most 2L's and 3L's resume too.' " " are playing like seasoned profes­ And what aboiut all of those more than 20 quarterbacks in the 63 NFL including Troy Aikman, sionals. But this game takes two, firms that tout a "serious commit­ u and many students feel that some ment to pro bono work"? Yuhn Li Steve Young, Warren Moon and firms play dirty, or what's worse, '94 knows better. "I interviewed Jim Harbaugh, and more than 20 01993 Crossword Magazine Inc. first-round baseball draft choices For a frae crossword puzzle catakigue, call or wrta: that firms play by an unofficial with this corporate guy, who for Crossword Magazine, Inc., PO Box 909-)^ Ballmors, NY 11710 rule book students don't get to see. some reason misperceived me as including Will Clark, Ricky Jor­ (516)826-9479 A classic horror story on cam­ a real cutthroat. When I asked dan, Brad Brink and Matt (Answers on page 16) pus comes from a 3L, who will him about the firm's pro bono Williams. remain unidentified, whose policy he said, 'Oh, don't worry The Board was originally organ­ employer last summer made him about that. You don't have to do ized in 1953 by the University a grudge offer: an offer contingent that sh*t!" President at the time, Rev. Francis upon non-acceptance. "The firm What of the firms that seek X. McGuire, for the purpose of Female Roommate called it a favor to me. This way "well rounded students with a providing guidance to him in I can lie to the law firms and say diverse record of achievement?" determination of establishing a I got an offer. Conversely, they Steve Weinstein '94 received an law school, hiring a dean and needed for summer. can lie to law students by saying interesting interpretation of that otherwise implementing the plan. they offer all summer associates clause when interviewing with a Since its inception, the Board has permanent positions. I know that senior partner of a large interna­ consisted of a group of outstanding Avail. 5/31 - 8/31. I'm completely cheating both tional New York law firm. "I went lawyers, judges and public offi­ potential employers and naive into the interview pumped, and cials. The Board meets twice a 2L's who will look at the firm and gave this guy, who is a contem­ year in April and October and Sugartown Mews; think 'great.' But because I'm a porary of [Professor Abram] committees meet on an as-needed 3L, I'm too afraid not to play this Chayes, my best riff. He was basis during the year. game. It's a self-perpetuating sitting there doodling! Finally, I The Board in recent years acts Own room & Bath; system of deceit." just asked him what the firm was as a consultant and advisor to the Stories like this cast serious looking for in an associate. He said Dean regarding policy matters close to train. Call doubt on the firm statistics upon 'general intellectual achievement.' referred to the Board by the Dean. which students base their deci­ Then when I pressed him, and The Board provides a "window" sions. How accurately do firms asked how he could measure that, to the practicing bar's attitude 687-5972. portray themselves in their he said, 'We're looking for straight toward matters involved in legal resumes? Can every firm offer A's.' " education. April, 1993* THE DOCKET • Page 15

Beverly Hills 90210 vs. Family Law and The Cambridge 02138 Pursuit of Intimacy hair styling products. 90210: Beautiful Spanish Harvard Law Record 02138: Men spend extra money on architecture. A boy sues his parents for willingness in the last two decades Friday, October 30, 1992 Rogaine and Baseball Caps. 02138: Gropius Ad Nauseam. "divorce"; a woman acts as a to resolve conflicts in favor of surrogate mother for her own individual rights. This has trans­ 90210: Senior boys scam on fresh­ By ALYSSE MACINTYRE 90210: Beverly Hills daughter's child; same-sex couples lated into a waning influence for men girls. 02138: Slummerville. in some cities can be "married" the moral vision of family life that Not wanting to be the only 02138: 3L women peruse IL face at city hall; and an unmarried assigns rights and obligations to person oft the face of God's Free book in search of fresh meat (Who 90210: Students attend AA meet­ woman who chooses to have a those with formal legal identities is that guy with the dog anyway?) Earth to never have seen the ings in Malibu. baby "out of wedlock" — and is such as spouses, parents, or much talked about Beverly Hills 90210: Seniors wax nostalgic on 02138: Students attend journal only a character in a TV sitcom children — a vision expressed in 90210,1 finally tuned in. And boy beginning their final year at West meetings in dark basement — becomes a major issue in a the legal model of "status." In its I got an eyeful. Beverly. offices. Presidential election campaign. In stead has entered the alternative We go to a famous school too, 02138: SL's begin counting the recent years issues of family law vision of "contract," which ena­ but the TV show about us was days until graduation from this 90210: Students spend first week have been catapulted from the bles individuals themselves to never a hit like 90210 is. I was hell hole. of class straightening out their shadows into the spotlight of establish the terms of their rela­ too young to watch the Paper schedules. public consciousness. tionships, with regulation limited Chases TV series, but watching 90210: Romantic Intrigue. Eve­ 02138: I sobered up around the Family Law and the Pursuit of to cases of imminent harm. This 90210 and seeing what it takes to ryone cheats on their girlfriends. Monday afternoon after the first Intimacy (304 pages, $40, cloth), vision seeks to free individuals make a successful show in a 02138: No comment. I know week of classes, so it was well into to be published by the New York from communal expectations so school setting, I could see why the nothing. Really. the second week before I realized University Press in April, that they may pursue genuine Paper Chase series was never very 90210: Everyone hangs out at the I had a schedule. intimacy with others. popular. There are some key addresses many of these issues, Beach Club. including divorce, custody, single In this timely work, Regan differences between West Beverly 02138: Everyone hangs out at the Well, so in the end, what I can parenthood, same-sex marriage, delves into recent legal cases, High and Harvard Law. I took Bow. say except this column belies the prenuptial contracts, unmarried social theory, and family history notes: fact that I'm a 3L and am now cohabitation and alternative fam­ to challenge the assumption that 90210: Posters of hip bands 90210: The men are hunky. too cool to be seen at Friday night ilies. In this book author Milton contract should serve as the 02138: Oil portraits of dead 02138: If high winds hit the law football games and dances in the C. Regan, Jr., associate professor governing principle of family law. lawyers school, the men would wash up gym — I mean that I am a 3L and of law at the Georgetown Univer­ In a postmodern world marked 90210: Has Tori Spelling only on Cape Cod beaches if we didn't I DON'T CARE ANYMORE. I've sity Law Center, offers a critique by fragmentation of both identity because she's Aaron Spelling's make sure to tie them down first. got the system down pat. I won't of individualist trends in modern and personal relationships, inti­ daughter. see this campus until finals and, family law. While we have derived mate commitment may rest more 02138: Has lots of people only 90210: Women wear spandex after that, graduation. I even fax benefits from these trends, he than ever on the ability of culture because they are the kids/grand- minidresses and have cleavage. in these columns so that I don't argues, we also are at risk of to orient the individual within kids/etc. of alumni. Lots of it. have to see my editor's Hark Box losing the resonance of the family shared norms of conduct. The 02138: Talbots Galore. anymore. The big difference as a cultural model of the respon­ challenge therefore is to construct 90210: School scandals get cover­ a new model of status — shorn age in Tiger Beat. between this year and my senior sibilities that flow from relation­ 90210: School paper wins awards. of sexist assumptions, yet based 02138: School scandals get cover­ year is that I've got an 80K a year ships with others. 02138: School paper lines more job waiting for me at the end of on commitment and responsibility age in the Wall Street Journal, bird cages than any other in the Recent years have seen more — that will preserve the distinc­ The New York Times, Ms., and the tunnel. So if you want to North East. emphasis in family law on the tive character of family law as a Vanity Fair, just to name a few. contact me, call my stock broker. Yes, little IL's — it will happen individual autonomy of family narrative about self and other in 90210: An incredible re-creation of 90210: Inane Dialogue to you one day, too, so cheer up. members, with an increasing intimate relationships. the high school experience. 02138: Inane Dialogue 02138: An incredible re-creation of the junior high school experience. 90210: Luke Perry 02138: Lou Kaplow 90210: Teachers are very involved with students 90210: Everyone whines about 02138: Teachers ask students to missing the Fred Segal sale. be quiet so as not to mess up their 02138: Everyone whines. sound bites. 90210: Senior Year 90210: Real teenagers in Beverly 02138: 3L year for me and my Hills don't go to public school. friends — but then, so far I 02138: Real people don't go to law haven't really been able to tell the school. difference. As I keep hearing, "Seniors ... I mean 3L's Rule the 90210: Students have opinions. School!" 02138: Students issue memos and 90210: Men spend extra money on press releases on their opinions. Can Unions Survive? Every year, several hundred environments, will union repres­ thousand unrepresented Ameri­ entation still be necessary? Can can employees are discharged labor unions be rejuvenated if without good cause, says Charles they revolutionize their objectives B. Craver, Leroy S. Merrifield and modernize their tactics? Crav­ Research Professor of Law at The er, in this incisive analysis of the National Law Center at George current state of the American Washington University, in his labor movement, attempts to new book Can Unions Survive? answer these questions and to The Rejuvenation of the American present a manifesto for how this Labor Movement (224 pages/$40, crucial institution can be cloth), to be published by the New revitalized. York University Press in April. From the inception of labor Millions more employees, Crav­ unions through their heyday and er claims, are laid off by companies into the present, the author exam­ that transfer their production jobs ines the roots of the movement's to lower wage facilities in the decline and the current factors South or in Mexico and other contributing to its dismal condi­ developing countries. And when tion. To ensure union viability employees at firms like Grey­ into the 21st century Craver hound and Eastern Airlines walk makes several proposals, includ­ out to protest wage and benefits ing the recruitment of female and reductions, they are permanently minority employees into the move­ replaced and their representative ment, appeals to white-collar labor organizations are destroyed. personnel who often have class- Senior personnel who participate based myths which discourage in strikes against firms like TWA them from joining unions, the have their hard-earned positions development of new tactics by filled by new workers and less unions to replace the "antiquated senior co-workers who cross the strike weapon," and the need for picket line during the labor dis­ unions to rely more upon pension pute, while employees who strike and welfare fund leverage, polit­ technologically advanced corpora­ ical influence and worker partic­ tions like AT&T discover that ipation programs. their employers can continue to Using an interdisciplinary maintain basic operations without approach, Can Unions Survive? the assistance of their regular relies upon historical, economic, workers. sociological, legal and demogra­ What has happened to organized phic information to examine this labor? Will it survive into its complex subject. second century? As white-collar Charles Craver teaches labor employees and technological inno­ and employment law at George vations supplant blue-collar Washington University and is workers and as industrial behav- past Secretary of the ABA Labor iorists humanize employment and Employment Law Section. Page 16 • THE DOCKET • April, 1993 SPORTSi i- Heeeeere's Johnny!

by John Lago Ryan sadly won't go out as a 4. Los Angeles Dodgers — They will hit Rockie-bottom (sorry, pun Baseball season is coming fast winner. need Darryl Strawberry and Eric intended). and hard, like a Roger Clemens 6. Seattle Mariners — The pitch­ Davis to come back big. Eric pitch. So, that can only mean one ing could be good or bad. Ken Karros and Brett Butler supply Random Ramblings — Stop the thing: another long summer for Griffey, Jr. and Edgar Martinez help. Orel Hershiser and Ramon presses! The Flab Five losing an the Cleveland Indians. Without are the sole threats to the lineup. Martinez must rebound to give intramural basketball game? It's further ado, here are my picks The fans aren't even lucky enough L.A. a decent arsenal. You could true! Second-year squad Six Guys, (with no money down). Feel free to wait for football season to call this team "Comedy of Errors" etc. held on and beat the Flabbies to bet your diploma on them. watch a winner. if they repeat their abysmal field­ by one point in front of (gasp!) a AMERICAN LEAGUE EAST 7. California Angels — If you ing again. crowd of students, friends and 1. New York Yankees — think Chili Davis and Kelly Grub­ 5. San Francisco Giants — Will bottles of beer. Could the Flab Five WHAT? The Yanks? Yes, people. er make this club respectable, get Barry Bonds make these guys lose in the playoffs? Stay tuned Settle down. With Wade Boggs, your head checked. Mark Lang- contenders? Will the Giants find ... A late Congrats to the Hanson Don Mattingly, Danny Tartabull ston and Chuck Finley need big a pitching "ace"? Wil the wind and Paul O'Neill, the Yanks can years to keep the Angels from stop blowing in Candlestick? The Brothers for winning their FIRST hit. With Jimmy Key, Jim Abbott, sinking into hell. answer to all three: No. Will Clark intramural basketball game ever. beat Downey With O.P.P. and Melido Perez, they have shouldn't suffer such a fate. They led by Mike Cooperberg, Woody pitching. Lack of speed can hurt, NATIONAL LEAGUE EAST 6. San Diego Padres — Welcome Philips, Mark Berckner, Mike as can a call from Mr. Stein- 1. New York Mets — WHAT? to the Pirates West. Getting rid brenner. This is a risky pick, so The Mets? Settle down. They may of talent to trim the payroll seems Andrews and John "Yours truly" don't cry if the Yanks fall to third. not deserve it after last year, but to be popular nowadays. Sure, Lago. Will they ever win again? Stay tuned ... My Final Four — 2. Toronto BlueJays — They've who has more talent? Tony Fer­ Tony Gwynn, Fred McGriff and got Robbie Alomar, Joe Carter, nandez joins Bobby Bonilla, How­ Gary Sheffield are still here, but North Carolina, Duke, Seton Hall Tech, with Carolina Paul Molitor. On the mound, Dave ard Johnson and Eddie Murray. If does anyone else strike fear in and Georgia beating the Hall in the finals. Deep Stewart joins Juan Guzman and Doc Gooden and Bret Saberhagen opponents' hearts? The pitching Jack Morris. But losing Dave regain their old form, the Mets can staff is so-so. So-so long, San sleepers to reach the Final Four from each region — Virginia, Winfield, David Cone, Jimmy Key, take this whacky division. Diego. Tulane, New Orleans, and Temple Dave Stieb, Tom Henke, Manny 2. Montreal Expos — Then 7. Colorado Rockies — Nice Lee and Kelly Gruber hurts, don't again, the Expos could take this uniforms, these guys. Charlie ... Teams that will make noise — you think? division. With Delino DeShields, Hayes, Andres Galarrage and UMass, Wake Forest, LSU and 3. Baltimore Orioles — They've Marquis Grissom, Moises Alou Gerald Clark are the only semi- Iowa State ... Until next time, A- 0007 got good young pitching, good and Larry Walker, they have a recognizable names. This team B-C ya later . . . young hitters, and iron man Cal solid top four. Dennis Martinez Ripken, Jr. They could steal this and Ken Hill will hold down the division if everything goes their fort, er, mound. The relief pitching way. They won't surprise anyb­ is also good, but too many inex­ ody this year. perienced infielders could hurt 4. Cleveland Indians — What? down the stretch. LWA: We're No Losers They won't be last? That's right. 3. Chicago Cubs —Wait, maybe Carlos Baerga and Albert Belle the Cubbies will take this division. by Katharine Hummer they are not welcomed onto any and anxious when they are on the can go long, and Kenny Lofton is Mark Grace, Ryne Sandberg, Many articles dealing with teams except their own. court with LWA. Although the becoming the new Man of Steal. Shawon Dunston and Steve Bue- women these days are real The women's team, LWA, fits level of play is less competitive But the pitching is too much of chele make a great infield. Mike downers. When (and if) we read well into the overall scheme of the and the chances of a male loss are a question mark. Morgan and Jose Guzman are them we discover how many basketball league. As mentioned, negligible, some men see other 5. Milwaukee Brewers —These swell pitchers. The loss of Greg women are raped, killed and LWA is the only women's team problems competing against wom­ guys will run you into the ground. Maddux will hurt, though. Ouch. abused each hour. We read lurid in a league of fourteen teams. en. Rather than viewing the They had seven guys with more 4. Philadelphia Phillies — Then accounts of work-related problems LWA has no chance of a victory women players simply as oppo­ than 10 steals. With Molitor gone, there's the Phils. They could move such as sexual harassment and over most of the teams and only nents, some men find it difficult this is now Robin Yount's team. up or go down. Terry Mulholland the glass ceiling. We realize that a fair chance of beating the others. to ignore the fart that their He'll get help from B.J. Surhoff and Curt Schilling will lead the thousands of women, in their Despite this, LWA continues to opponents are women. One man and super-rookie Pat Listach. way on the hill. Darren Daulton, efforts to appear acceptably fem­ play and continues to strive explains his thought process at Pitcher Cal Eldred must throw Lenny Dykstra, Dave Hollins and inine, have succeeded only in, toward a nearly impossible victory the moment of this realization: like he did last year when he was John Kruk are capable of big having seeping time-bombs despite constant disappointment. "What's she thinking? Does she 11-2,1.79 ERA. years. They need consistency implanted in their chests. As one women pointed out, "It think I'm trying to show off?" 6. Boston Red Sox — Ellis from the rest, like Wes Chamber­ Most of these articles cast sucks not to win." It is doubtful These questions apparently do Burks and Boggs said adios, so lain and Micky Morandini. If they women as the victims of evil deeds that many of the men would put not come to mind when the oppo­ they'll rely on Mike Greenwell and get it, look out NL East. done by society. While it is true themselves in this position, par­ nent is another male, when one geezer Andre Dawson. Roger 5. St. Louis Cardinals — Pros­ that women, as a group, have to ticularly those who agree with major purpose is to show off and Clemens will be hard pressed to pects — not good. Ozzie Smith is sort through these type of prob­ this statement made by one male top it off by talking trash. This win 20 with this rag-tag squad. back. Too bad. The Cards have lems on a regular basis, it is also player: "If I lose on Friday, my discrepancy may account for one 7. Detroit Tigers — Yes, they defense, speed and whiffle bats true that there are plenty of whole weekend [is] shot." Despite women's observation: "I feel like can hit homers. But their pitching when it comes to hitting home women who do not view them­ the remote chance of success, a little sister on the court." is UGLY, and they're not the best runs. selves as victims of society and LWA plays with the hope of Many of the women realize that fielders, either. Cecil "I'm no Gold 6. Pittsburgh Pirates — Let's are not viewed by others as having fun and improving their the men ease up when they play Glove" Fielder won't win the MVP play the popular game: Who's victims. The women's basketball game by getting their plays to LWA. One women also comment­ again. Left? Barry Bonds, Doug Drabek, team is an example of a group of work. ed that she thinks the referees are John Smiley, Jose Lind, Steve women who are neither cowering Given the men's reluctance to more generous with both teams AMERICAN LEAGUE WEST Buechele are all gone. That leaves victims nor screeching feminists. compete alongside women,, it is when LWA is in the game. Neither 1. Chicago White Sox — I picked Andy Van Slyke and little else. interesting that they do not mind of these facts have contributed to 'em last year, so I'll stick with 'em. Tim Wakefield becomes the #1 The women of LWA organized competing against LWA. Most of LWA victories, however. What if, They've got power in Frank Tho­ pitcher by default. Here's how not a separate team last year when the men were full of praise for somehow, LWA won? Both the mas, George Bell and Robin Ven­ to build a World Series champ. they were barred from then- LWA. "They're pretty serious ... men and the women agree that if tura. Jack McDowell could win 25, 7. Florida Marlins — The stars? forming first year teams and from there aren't many smiles coming a team lost to LWA the men on and if reliever Bobby Thigpen How about Dave Magadan and the already formed second and from them ... they're fairly com­ that team would suffer. Men from comes back, they could win this Walt Weiss? Benito Santiago gives third year teams, none of which petitive ... they're more of a team the teams that had beaten LWA easily. Does Bo Jackson know the fish some respectability, but needed new players. Why didn't than our team." The men I inter­ would taunt the losers cruelly. World Series fever? not enough to keep other teams the first-year teams invite women viewed, however, admitted that Obviously, then, both the men and 2. Minnesota Twins — Kirby from laughing. Marlin fans will to join them, especially since they have heard complaints when the women expect LWA to lose Puckett, Shane Mack and Chuck be hearing "And pitching tonight several women were actively teams realize they're pitted every time they play. But one man Knoblauch, with newcomer Dave Pat Rapp." Pat Rapp? Ryan Bow- petitioning to play with them? against LWA. According to one does not think this state of affairs Winfield, gives Minny some en? Scott Chiamparino? Not One man described masculine man the reason for this lack of upsets the women very much: punch. But the pitching depends pretty. presumptions in this way: "Any enthusiasm is that the men believe "They know they're just girls." on Kevin Tapani and Scott Erick- guy would be better than a girl they will not get a good enough Perhaps it is this attitude that NATIONAL LEAGUE WEST son. Gone are Chili Davis and even without seeing them play. No work-out playing against the gave rise to an incident last 1. Atlanta Braves — They have Kent Hrbek, and any strong guy is going to take a girl over women. semester. One of the members of chance of winning this division. the best starting rotation in his buddies." Thus, although the Both men and women agree LWA was behaving aggressively baseball. They have Terry Pen­ 3. Kansas City Royals — The women are permitted on the court. that the men are less competitive toward her opponent. This behav­ sleeper. They got David Cone, dleton, Dave Justice, Ron Gant ior was such that if it had been Greg Gagne and Jose Lind. If they and Otis Nixon in the lineup. The a man he would have gotten get production out of Wally Joyner only thing that will stop them shoved or hit, but because his and Kevin McReynolds, they from winning it all is mediocre opponent was a woman he kissed relief pitching. 1993 will be the could move up and challenge the her. Yikes!! Clearly this was a guy Chisox. year of the Chop. who couldn't forget the fact that 4. Oakland A's — Ruben Sierra 2. Houston Astros — They have his opponent was a woman. Doug Drabek and Greg Swindell is solid, Mark McGwire will hit Although some players dislike on the mound now. They have 40 homers again, but who else do the idea of a women's team, Craig Biggio, Eric Anthony and they have? Rickey Henderson is reaction from fans has been a head case, with his best years Jeff Bagwell batting. They have extremely supportive. Most fans speed and they're pretty young. behind him. Pitching? Ron Darling recognize that it takes a lot of guts But they don't match up arm for is their #2 guy. 'Nuff said. Dennis for the women in compete to the Eckersley won't win all those arm with Atlanta's staff. law school league. One fan noted 3. Cincinnati Reds — They awards again. that it was refreshing to see 5. Texas Rangers — They've have Roberto Kelly and Kevin women taking the initiative to Mitchell now. Don't forget Bip got the power — Rafael Palmeiro, form a team to play in a men's Jose Canseco, Juan Gonzales and Roberts, Barry Larkin and Chris league. In basketball, a sport filled Sabo. Hey, these guys should be Dean Palmer. Catcher Ivan Rodri­ with one-on-one battles of wills, guez is underrated. Kevin Brown good. Jose Rijo and John Smiley it's dope (very cool) to see women is now their top pitcher, but Nolan on the hill? They could contend. handling the rock.