Law School Newspaper Re-launches, Looks Back at History In this issue:

chose was appealing.‖ Chambers said the paper is intended to ―open up unknowing students‘ Cause of Action 1 History and Future eyes to the variety of diverse student organizations‖ at DePaul by highlighting and reviewing events. He also hopes that the electronic edition of the paper will create DePaul Law News 2 connections with alumni who remember the former editions of the paper. Previous editions of the paper were Student Editorials 4 produced in the 1970s, and throughout the late 1980s and 1990s. "It was around for a pretty long time," Dean Howard Rubin, the faculty Entertainment 7 adviser for SBA, said. "There were gaps when By: Rachael Dickson ‘15 students didn't have an interest." Rubin Cause of Action, the former DePaul University recounted with a laugh that for a few months College of Law newspaper, has officially re- during the 1980s, there was also an opposing Special points of launched as of January 15, continuing a tradition underground paper called, Cause of Inaction that interest: that spanned several decades. would appear around the school on Monday  DePaul College of The re-launch of the monthly newspaper was mornings. "The administration was going crazy Law Centennial conceived in the campaign platform of current trying to figure out who was doing it," Rubin Lecture Student Bar Association President Alexandra said. "It was very blunt about certain things. No  Demon‘s Advocate: Hochhauser and Vice President Peter one took credit for it." Three Strikes Laws Chambers last spring. Rubin expressed excitement about the re- ―We were upset at the bombardment of launch. "I think it's great," Rubin said. "The  Importance of Local communications thrown at the student body attempt to communicate news and information Politics everyday through chalking, flyers, Dean‘s to students through the website and online has  Health and Advisory Council emails, and faculty emails,‖ been pretty much a failure. A paper by students Wellness: Yoga Chambers said. ―The idea of a physical and for students will be of more interest." document that students could pick up if they  Law Student See Page 11 Newspaper Re-Launch Caffeine Consumption Poll Letter from the Committee Cause of Action aims to be academic school year. By also former, current, and future Staff writers are encouraged the voice of the entire DePaul supplying an electronic edition students to increase to choose from any article College of Law student body. of the newspaper through the awareness of the ever- topics proposed by the Our mission is to provide Student Bar Association expanding DePaul Law committee or to pitch their students with relevant legal website, www.depaulsba.com, community. own topics. This is your and non-legal news, highlight we hope to grow our DePaul All students are encouraged student newspaper- please get or diverse student College of Law community by to become a part of Cause of involved! organizations, and bring light- reaching both alumni and Action as either a committee We sincerely hope you enjoy hearted entertainment prospective students. Thus, in member or staff writer. the newspaper! through monthly publications. addition to our principal goal Committee members meet Cause of Action will be made of providing valuable weekly in order to brainstorm - Cause of Action Committee available in both print and journalism, Cause of Action will ideas, format and edit articles, electronic formats during the provide a way to connect and publish the newspaper. Page 2 DePaul News

Law and Emotion – DePaul College of Law Centennial Lecture

By: Pete Chambers ‘13 may lead to a favorable result, regardless of that compassion does not play a role in con- As future lawyers, the facts or law. This legal adage isn‘t lost on stitutional issues. Two years later, he au- we are taught, ―if the Professor Susan Bandes, who has spent a thored another opinion which seemed to facts are against you, significant part of her academic career study- state the contrary. In Payne v. Tennessee, the argue the law. If the ing law and emotion. Court held that victim impact testimony law is against you, In 1989, the U.S. Supreme Court heard (testimony by family members and others argue the facts. If the Deshaney v. Winnebago County, holding that close to the victim) is admissible during sen- facts and law are a state social services department was not tencing and, in death penalty cases, does not against you, yell like responsible for violating a child‘s due process violate the Cruel and Unusual Punishment hell.‖ Yet, what is rights when it failed to prevent child abuse by Clause. To a curious Professor Bandes, these ―yelling like hell‖ the custodial parent. Justice Harry Blackmun‘s cases opened the door to pursue the new likely to do anyway? I Professor Susan Bandes ―Poor Joshua‖ dissent illustrated the Court‘s field of academia in law and emotion. propose to you one effect: it will instill an emo- compassion for the child; however, Chief See Page 9 Law and Emotion tional response in all of those who listen that Justice William Rehnquist definitively stated The Marketability of a Legal Certificate

By: Megan Einsele ‘14 area and helps fine-tune her skills.‖ Trying to decide what classes to take at However if you choose to pursue a certifi- DePaul can often become an anxiety ridden cate, you should consider how it can affect process. Questions constantly swirl in your your job applications. Professor Volini sug- mind: should you take bar classes, skills clas- gested that there are some instances where ses, or get a certificate? As you ask different you might want to omit the certificate from people and receive different opinions you your resume. For instance if you apply for a begin to weigh the pros and cons of each job in tax law and have a certificate in criminal approach to law school. The essential choice law, the employer might assume that this job often comes down to: will it help you obtain a is just a backup plan and not an area you are job? invested in. This job could be lost to you, A certificate is one such choice that you can because of what the certificate indicates about make as a student here at DePaul. DePaul your interests. offers certificates in eleven different areas Having a certificate is a signal of the area of such as: Business Law, Criminal Law, and In- law you are interested in, but it is not a sub- ternational Law. According to Diana White, stitute for experience. Howard Rubin, Associ- Dean of Students, only one-third of each ate Dean of Lawyering Skills and the Director graduating class chooses to pursue a certifi- of the Field Placement Program, advised that cate and the most popular certificate is in in order to be marketable, experience is es- International Law. sential. A certificate is a great highlight and With two-thirds of students choosing not talking point with employers, but with Illinois CERTIFICATES OFFERED AT DEPAUL to obtain a certificate, the essential question not recognizing specialists in specific areas, a to ask is: will obtaining a certificate make you certificate is nothing more. He said that, ―you more marketable to employers or is it just a should be spending as much time outside the highlight on your resume? Professor Anthony classroom as inside‖ if you want to find a job. Business Law Arts and Museum Volini, who works as a lawyer in the area of While considering if a certificate is the right Criminal Law Law Intellectual Property, advised how a certificate path for you, ask lawyers that practice in the Child & Family Law Info. Technology Law could enhance your resume. ―The real func- area you are interested in if it sets you apart. Health Law International & tional value of earning the certificate is the However, consider Dean White‘s advice that Comparative Law student‘s knowledge from taking the courses ―you take substantive classes first, particularly Intellectual Property Public Interest Law and doing well. A certificate could be useful those that are tested on the bar exam. With- IP with a patent Tax Law for niche areas, because it shows a certain out the basics and without passing the bar specialty threshold of foundational knowledge for the exam, the certificate is just a piece of paper to student going into practice in that particular hang on the wall.‖ Volume 1, Issue 1 Page 3 Musings on Life and the Law with Professor Ottley spend about twelve to fifteen hours a By: Joseph Homsy ‘14 years teaching in Papua New Guinea, and week in class, with the professors, but Many of us sit in then I had a year sabbatical and did an LLM they spend far more time with fellow class and may think at Columbia in New York. I interviewed students. My law school class, of two that our professors with [DePaul], they hired me, and I‘ve been hundred, had only five women. Nowa- were born, fully here ever since. Being in Chicago has days, upwards of fifty percent of the dressed, as profes- worked perfectly for my wife and I, and I students are women. We now have sors. We don‘t really like DePaul and hope to be here until I many students from different back- know much about retire. grounds. There‘s a good mix in there, them outside of the JH: Which do you like teaching more: Torts and I think that having that mix makes classroom. I met with or Civil Procedure? for a better learning experience. Professor Bruce PO: I have so much fun in Civil Procedure, but I JH: And finally, when you get home after a Ottley for what was hated it with a passion while I was in law long day at school, do you wear a smok- an enjoyable half hour school, because I couldn‘t relate to it. Stu- ing jacket and sit in front of a fireplace and posed several dents don‘t normally have much experience with a leather bound book? questions to him. I Professor Bruce Ottley with jurisdiction issues, pleadings, motions PO: [Chuckling] No, actually, I hate to ruin hope this gives you some insight into this for summary judgment, and so on. But, the image, but I‘m normally just sitting particular professor‘s mind. when I got into practice, and particularly around in pants and a t-shirt. I remember when I was a judge, I could see the im- when I was in law school, We saw our JH: My first question is, how do you get your portance of Civil Procedure. In teaching professors in the classroom, and they all ties to look so good? Is there a specific Torts I decided that procedure was just the wore coats and ties, and we never saw art to it? other side of Torts, so I could mix the pro- them in grocery stores, or movies, so we PO: I guess it‘s just because I‘ve done it for cedure into the torts and the torts with the didn‘t know what happened to them so long and I‘m one of the few faculty procedure. I think it helps the students see after they taught us. It‘s very funny. members that still wears a suit to teach. them as one thing, as opposed to two sepa- My wife complains that I have so many rate boxes. ties and she wants me to get rid of some, JH: Many students express their appreciation for “My wife complains that I have so but I try to work it so that I don‘t wear DePaul's diverse student body. Can you many ties and she wants me to get the same tie twice in a semester. speak to that? JH: What brought you to DePaul and how PO: Well, for one, we hope that the diversity rid of some, but I try to work it so long have you been a professor here? comes out in the classroom. It also comes PO: I‘ve been teaching at DePaul for thirty- out in the students interacting with each that I don’t wear the same tie twice five years and this is my forty-first year other. Students do most of their learning in a semester” of teaching, overall. I spent my first five from each other, because students only Call on Chrissie- ―Law School Killed my Love Life!‖

By: Chrissie White ‘14 worrying about it? Why don‘t you invite your The best part about having platonic friends Dear Chrissie, girl and guy friends from one of the other is that it doesn‘t matter if they are guys, girls, Ever since law school began, my dating life sections to come with you to grab lunch gay, straight, single, married, engaged, have has been a complete joke! I can‘t tell you the sometime? You have to eat lunch, right? Mix it kids, or happen to be ten years older than last time I was asked out on a date, and if up and get to know your acquaintances. you. When you focus on friendship, the de- someone did ask me, I don‘t think I‘d even A trip to Corner Bakery with six or seven tails of date-ability don‘t matter, and your life have time to get coffee. Yet, I look around at 1Ls doesn‘t sound like your idea of a romantic is enriched with the presence of like-minded my friends, and all of a sudden everyone is afternoon? Good! I wasn‘t going for romantic. law students who happen to be wonderful conveniently paired up. I feel like I‘m playing I‘m going for social. I actually think this issue people. Sure, people meet their husbands and musical chairs, and I‘m always the last person calls for the wonderful wisdom of Barb wives in law school, but they also meet them standing! So many people find their spouses in White, my practical Midwestern mother who everywhere else! I‘m telling you, there‘s professional school, but the only thing I‘m has been listening to my dating troubles ever something about law school that ups the ante finding is disappointment. Any advice? since she gave me permission to go on dates on quality friends, so instead of going all in on Sincerely, in the first place. Mama White would tell me, the idea of dating one of them, bet on the full 1L of a Love Life ―Just be friends with all the guys!‖ Think about house of friends you‘ve been dealt so far. Dear Miss Love Life, it. You have nothing to lose by getting to Have a question about life, love, or law I know the frustration you‘re feeling. I have know someone as a friend. Plus, it‘s good for school? "Call on Chrissie" for next month's been known to complain about this exact your mental health to have a number of de- column by sending an email to same thing to my friends too, but really, why pendable friends, especially in a stressful envi- [email protected] or drop a should we spend any of our valuable time ronment like law school. question in Locker 223! Page 4 Editorials The Demon‘s Advocate The Demon‘s Advocate is an ―opposing viewpoints‖ column which seeks to explore the varying opinions in a balanced pro/con debate. The column encourages critical thinking and issue awareness by providing opposing views on a contentious legal issue.

This Month’s Topic: Three Strikes Laws– statutes enacted by half of the state governments in the U.S which mandate state courts to impose 25 years to life sentences on persons convicted of three or more serious criminal offenses.

States with Three Strikes Law States without Three Strikes Law Map created by Cause of Action staff

California‘s Three Strikes Law is a Home Run Drop the Third Strike By: Sam Ray ‘13 By: Nerissa Diaz ‘15 For 18 years, California‘s three strikes law has been the toughest of Imagine being in the wrong place, at the wrong time. You‘re at Best America‘s ―tough on crime‖ laws. In 1993, 12-year-old Polly Klass was Buy with a friend, Jackson, who decides he‘s not going to pay for a kidnapped and murdered by a convicted rapist on early parole. Polly‘s new iPhone because he‘s a broke law student. Jackson is caught shop- murder brought issues of criminal recidivism to America‘s headlines lifting and sentenced to two years in prison. While you didn‘t steal and, as a result, in 1994, Californian‘s passed Proposition 667, the anything and had no idea Jackson would steal, you‘re sentenced to 25 three strikes law. years to life for aiding and abetting because you‘ve been previously Proposition 667 had two major goals: (1) to incapacitate career convicted of two crimes. How do you feel? Does this seem fair? A criminals by removing them from society and (2) to deter criminals similar situation occurred in 2004 and the man is in prison because of from committing future crimes by threatening life imprisonment. Since the three strikes law. its , the law has been overwhelmingly successful in meeting its Three strikes laws are state laws that mandate harsher punishments goals. In fact, half of U.S. states have passed similar three strikes laws. of 25 years to life with a limited chance of parole for criminals convict- First, due to three strikes laws, career criminals are sentenced to ed of their third serious or violent felony. The three strikes law has longer periods of incarceration thereby making them incapable of com- been criticized and debated since its enactment in California in 1993. mitting new crimes. From 1996 until 2003, the number of California Only 24 states have adopted the law and, in 2003, the Supreme Court third strikers declined every year. Moreover, a study conducted in upheld California‘s three strikes law by a 5-4 decision. However, Cali- 1996 showed that the average three strike offender in California had fornians have passed reforms through Proposition 36 to limit the law, five prior felony convictions. three strikes laws are locking up habitual reflecting nationwide public opinion. criminals, keeping them in prison, or deterring them from committing The main issue with the three strikes law is its mandatory sentenc- third strike offenses. ing rule. The mandated rule provides little discretion for the judiciary Second, three strikes laws have been successful in reducing overall and lessens the focus of the particular facts of each case. Moreover, crime rates. A 1999 FBI study found that crime went down by 26.9 the mandatory sentencing rule simplifies consequences leading to low- percent since the enactment of California‘s three strikes law. In Ewing, er accuracy, higher rates of conviction, more severe prosecutions, where the Supreme Court upheld California‘s three strikes law as not lower rates of appeal to convictions, and lower rates of success on violating the 8th Amendment, Justice Sandra Day O‘Connor noted, ―67 appeal. percent of former inmates released from state prisons were charged The three strikes law enforces punishments that are disproportion- with at least one ―serious‖ new crime within three years of their re- ate to the crimes allowing for the unjust treatment of individuals. For lease. However, in California, ―recidivism rates of parolees returned to example, as a juvenile, Santos Reyes committed a burglary; sometime prison for the commission of a new crime dropped nearly 25 percent.‖ later he committed a robbery without injury to anyone; and, 10 years The correlation is undeniable; the chance of extended prison terms later, he was convicted of perjury for taking the written portion of a deters many criminals from committing crimes. driver‘s license test for his cousin. As a result of the three strikes law, Critics contend that three strikes laws yield disproportionate sen- he was sentenced to 25 years to life. The law does not take into ac- tences. This criticism is based on stories of defendants being sentenced count the time between offenses, offenses committed as a minor, and to life terms for shoplifting golf clubs, stealing pizza, and pocketing victimless crimes. Under the three strikes law, a rapist and burglar DVDs at Kmart. Following the 2012 reforms in California, as the law could get the same sentence. stands in every three strikes state, a defendant is not eligible for life Furthermore, the three strikes law affects taxpayers, prison caps, imprisonment unless their third felony conviction is for a violent or and minorities. The law results in high incarceration costs and See page 9 Demon’s Advocate (Ray) See page 9 Demon’s Advocate (Diaz) Volume 1, Issue 1 Page 5 A Common Misconception

By: Pasquale Neri ’14 for educated and involved young adults, one The depth of the political discussion here at reason towers above the rest. Local politics DePaul this election season was impressive. is perceived to deal with issues that are much There was very little parroting either candi- less interesting than those dealt with at the date‘s stump speech, and, when we disagreed, federal level. we did so reasonably and respectfully. Not This is a misconception. Being involved in that that‘s surprising—I wouldn‘t expect any- local politics provides ready access to mecha- thing less from law students, or from the nisms that allow thoughtful and passionate intelligent individuals I‘ve come to know the individuals to make an impact on those issues past year and a half. most important to them. Yes, local politicians However, as impressive as the depth of that make sure your garbage is picked up, but they discussion was, the fact that it was focused do much more than that. solely on the Presidential election is disap- Take reproductive rights as an example. pointing. To be sure, no other election is as Pro-choice or pro-life, everyone can agree exciting as the presidential one, making it only that confronting the circumstances that lead natural to focus on. Yet, the lack of discus- to the need to obtain an abortion (think, as an sion about local elections is indicative of example, safe sex education) is a worthwhile something else: a lack of attention to local goal. Unsurprisingly, however, there is a lot politics and local officials. of disagreement about the best ways to con- There can be any number of reasons for front those circumstances. Ward Map Courtesy of Illinois Sierra Club this lack of attention, but it‘s safe to say that, See Page 10 Local Politics

November Election Provides Optimism for Same-Sex Marriage Advocates

By: Alexander Navarro ’14 lumbia now allow gay and lesbian couples to in order to ban same-sex marriage, despite marry. already having a state law defining marriage as a Election Day 2012 was a victorious moment union between one man and one woman. for proponents of same-sex marriage. Three Do the recent results in these states signal Twenty-nine other states have voted to amend states—Maine, Maryland, and Washington— that same-sex couples will soon be free and their constitution, restricting marriage for het- voted to legalize gay marriage, while Minneso- able to obtain marriage licenses throughout erosexual couples, with Arizona being the only ta became only the second state to ever de- the country? Not exactly. state to reject such a measure. However, even feat a constitutional amendment banning such This past May, North Carolina voted by a after becoming the first state to reject this type unions. Nine states and the District of Co- 61%-39% margin to amend their constitution of amendment, Arizona eventually passed an amendment two years later, which banned gay marriage. The Defense of Marriage Act (DOMA), a federal statute passed with tremendous con- gressional support and signed by President Bill Clinton in 1996, still allows states to refuse recognizing a same-sex marriage of another state and defines marriage as between one man and one woman. Some federal courts have ruled DOMA unconstitutional, including the U.S. Courts of Appeal for the First and Second Circuits. These Circuit Court cases are await- ing review by the Supreme Court. Proposition 8, a 2008 amendment to the California consti- tution, is also awaiting possible review by the Supreme Court. Some Supreme Court scholars have suggested that the Court could issue a narrow holding that would strike down DOMA but not necessarily every state law that bans gay marriage. See Page 10 Same-Sex Marriage Same-Sex Marriage states Graph Courtesy of gaymarriage.procon.org Page 6 Venti Triple Half Caf Soy No Water Two Shot Pumpkin Spice Non-Fat No-Whip Latte

By: Goli Rahimi ’14 in law school. Until the apocalypse dawns on age within two hours of waking, then it‘s Mi- Law school is hard. Monday morning 9 a.m. us, Starbucks cups, travel mugs, 5 hour ener- graine: The Musical for the rest of the day. Oh, classes are hard. LARC is worse. Chartwell‘s gies, and Pepsi bottles (seriously, when can if only we could stop. Pizza again?! Call us vampires because we we get Coke products?) will continue to cov- I chose to distribute the survey and write leave our homes before the sun comes up and er the library tables, hide under chairs in the this article because my daily caffeine intake come back after the sun has set. second floor lounge, and be held lovingly in seriously concerns me, yet I am too scared of Sleep is the best solution for these aches the hands of almost every student, faculty, and the withdrawal symptoms to cut back. Many of and pains, but since sleep is rare, many of us staff member you pass. survey responses I received seemed to indicate (actually all but like 4 students) turn to caf- Why? 53% percent of the students I sur- that caffeine is not as effective as we expect it feine. And many of us are addicts. veyed said they consumed caffeine to stay to be. So, I‘m willing to cut back on my con- The addiction brings with it newfound and awake, while 31% did so out of habit, and only sumption if you are. Let me know, we can talk highly useful knowledge. I have a favorite 16% consumed caffeine (through tea, soda, about it over coffee. barista at the Starbucks across the street (I coffee) because of the taste. Of these stu- think his name is Mikey, but I could be dents, 48% did not experi- wrong), I‘ve learned which Dunkin Donuts is ence withdrawal symptoms the nicer of the two (the one next to Subway when stopping the consump- on Jackson and Wabash), and I know exactly tion. Bless your hearts. at what hour and minute of each day my crash So then what happens will hit (1:32pm). Okay, that last part I made when the rest go without up. caffeine? Headaches, head- But, in all seriousness, it‘s a wild and ram- aches, headaches. An over- pant addiction. We get our single fix and whelming 70% of the with- await the crash, or we get our multiple fixes drawal-symptom-sufferers and never crash but are constantly on a caf- experienced headaches, feinated high and ridiculously shaky and peo- some as bad as migraines ple constantly ask us ―are you okay?‖ and we resulting in neck ache, se- laugh and say ―yeah of course but do you have vere anxiety, and extreme a dollar I can borrow so I can get a Pepsi out fatigue and nausea. I‘m the of the machine?‖ same. If I don‘t drink some Nowhere is the habit supported quite like sort of high-caffeine bever- 100 Students polled by Goli Rahimi Health and Wellness: Yoga

By: Gretchen Harper ‘14 bend, and a lot of ―Ohm‖ing might come to With spring semester not yet in full swing, mind. While that certainly can be part of it, and the sleep deprivation accompanied by the there are many different types of yoga that full-blown caffeine dependency that comes appeal to varying intensity levels, styles and Author’s Suggestions: along with it not yet in effect, now is a good exercise goals. time to establish routine activities that can In the traditional, hatha yoga, students per- ● Wide Variety of Classes: Yoga help manage the stresses of law school. After form poses for an extended duration with a Now (Gold Coast)- Offers a surviving my first semester on venti triple focus on relaxation and breathing. Alterna- ―Beach Class‖ which is as great as it shot lattes, copious power naps, and the oc- tively, flow vinyasa moves quickly from one sounds! casional pep talk phone calls with a wise sage pose to the next and has a stronger cardio from my hometown (my mom), I decided that element. The more modern and trendier ● Bikram Yoga: Chicago House of implementing positive coping mechanisms was versions include yoga sculpt, with free weights Yoga (Lincoln Park)- All classes necessary for my mental, physical and financial to increase toning and intensity, and bikram held in a heated room when you health. Each month, this column will highlight yoga, where students complete poses in a 105 want to ‗feel the burn‘ an activity, product, or experience with the degree room for the ultimate in toxin release. goal of informing the student body on health A local studio in Lakeview even offers Dub- ● Great for Newbies: Yoga Boutique and wellness and encouraging the importance step Yoga- because nothing says relaxation (Lakeview)- Small class sizes, indi- of taking care of yourself. like a little Skrillex with your downward dog. vidual attention offered For me, the ultimate in stress relief and law Common misconceptions are that yoga is school solace, and my backup career path female-centric and impossibly expensive. ● Convenient:: Core Power Yoga should I not pass the Bar, is yoga. Yoga is While statistics suggest that class composi- (Various Locations) practiced by Buddhists and celebrities alike, tions do tend to have more girls than guys, beginning thousands of years ago and regain- this should not serve as a deterrent to give ing popularity today. For those that have nev- yoga a try. If guys can get over this stigma, er tried yoga, thoughts of incense, the bending one session will prove that it is no sissy sport. in ways that humans just are not meant to See Page 10 Health and Wellness: Yoga Volume 1, Issue 1 Page 7 Entertainment Equal Protection for Magneto and Mystique?

By: Magdalena Serafin ’15 Sharpe (―concepts of equal protection and related to its achievement. Most of the harms In the opening of the first X-Men movie, the due process are not mutually exclusive‖). that the government would seek to avoid are fictional Senator Robert Kelly introduces the The Court‘s default rule for Equal Protec- already prohibited by civil statutes and the Mutant Registration Act (MRA) to the Senate. tion analysis is minimal scrutiny- means should criminal code, and it is not clear how forcing Although the exact provisions are not speci- be rationally related to a legitimate govern- registration would increase their rate of suc- fied, the Act generally requires all mutants to ment interest. Certain classifications can trig- cess in deterrence. The mutants who would register with the United States government ger heightened scrutiny: race, alienage, nation- be most likely to endanger the public are the under their real identities. This triggers a al origin, and, to an extent, gender. Mutations ones least likely to register with the govern- mutant backlash led by Magneto and Mys- are similarly suspect in that they are also, ment, rendering the law both over- and under tique. Although doing so would be a bit less well, immutable traits, but do not fall squarely -inclusive. Registration, therefore, appears to exciting than the events in the movie, could in any of those recognized categories. The be so inadequate to achieving the govern- the mutants seek legal redress instead? Could closest comparison would most likely be to ment‘s interest that it is indicative of a the Supreme Court find that the MRA is un- mental disabilities, which the Court declined ―bare...desire to harm a politically unpopular constitutional? Likely, it could. to include on that shortlist due to their high group." Romer v. Evans The MRA most easily lends itself to an variability among individuals, among other Here, much like the unconstitutional Equal Protection Clause examination. The reasons. Cleburne v. Cleburne Living Center, amendment barring protection for homosexu- Fourteenth Amendment states that "no state Inc. als in Romer, the law ―seems inexplicable by shall ... deny to any person within its jurisdic- Minimal scrutiny, then, is the most appro- anything but animus toward the class that it tion the equal protection of the laws.‖ The priate analysis. The government‘s interest is affects; it lacks a rational relationship to legiti- MRA is a federal law, but the Court has incor- never expressly articulated, but can be in- mate state interests.‖ U.S. v. Moreno As the porated Equal Protection principles through ferred to be public safety from the potentially MRA does not rationally function to achieve a the Fifth Amendment Due Process Clause to destructive results of certain mutant powers. legitimate government interest, the Court apply to federal legislation as well. Bolling v. This is undoubtedly a legitimate interest, but would likely not uphold it against an Equal the means do not appear to be rationally Protection challenge. Why the Gadget you just got for Christmas is Already Obsolete

By: Mike Hornback ‘15 This would be the ―tick‖, and the next year it lowed with competition. Apple‘s introductions I hate to be the bearer of bad news, but if would release a more advanced product, of the iPhone and iPad are perhaps the best you were fortunate enough to receive one of typically around the holiday season, based on examples. Apple‘s success was followed by the marvels of modern technology for the technology of the ―tick‖. This second prod- numerous companies trying to enter the mar- holidays this year, it‘s already obsolete. In uct is the ―tock‖. The ―tock‖ would then be ket to get their own share of Apple‘s pie. This order to explain why, you have to first under- followed by the introduction of a new genera- competition allows for the unprecedented stand a few of the industry trends. Perhaps tion product with new technology creating amount of innovation introduced with each the most significant and well documented another ―tick‖. This ―tick tock‖ is practiced in generation of a product as each company tries trend is known as Moore‘s Law. In 1965, In- nearly all segments of the technology market. to make their product better than any other. tel‘s co-founder Gordon Moore stated that You are left with the choice of either pur- With so much at stake, companies are no the number of integrated circuits, computer chasing the first generation of a product, wait- longer abiding by the ―tick-tock‖ principle. chips to me and you, double every year. This ing a year to get the second version of that Apple announced the iPad with Retina Display is important because doubling the compo- generation, or waiting two more years for a (4th generation iPad) a mere seven months after nents effectively doubles the processing pow- product that would introduce a new genera- it released the iPad3. As of the third week of er of that computer chip. tion of technology. In other words, there was November, rumors of the iPhone 5s were The second industry trend is known as the never really a good time to make an invest- already running wild mere weeks after the ―tick tock‖ which indicates the generational ment in technology. release of the iPhone 5. With so many players advance of products in respect to their re- Now we have to consider the commercial involved, and so much technology in the pipe- lease to the public. Until very recently, a side of technology products. Whenever there line, you can expect the life of a product to manufacturer would release a new product. is successful innovation, it will soon be fol- See Page 11 Obsolete Gadgets Page 8 Winter Movie Reviews

By: Crystal Montanez ‘15 SKYFALL James Bond is back and definitely better than ever! Daniel Craig shows once again why he is one of the best 007s in the series. Director Sam Mendes (American Beauty) creates a striking balance between action and intrigue. From the beginning, Skyfall brings action without hesitation, but also ties together a well versed plot and interesting back story in our current James Bond. The movie does have some moments that may seem a little dull for many Bond fans; however, they help develop a story for the audience that many previous Bond films were missing. This film reintroduces some of our favorite Bond movie traditions, such as Q, that appeal to the hard- core fans of the series. The theme song by Adele also serves as a good opening for the film, but feels long and unnecessary. The story transports Bond to the modern age of technology with new weapons and gadgets and a villain with a technological prowess played by Javier Bardem (No Country for Old Men). Bar- dem delivers an amazing performance as the villain, Silva. The audience will immediately be intrigued with Silva and at times actually root for him, only to remember that Bond is our hero. The current Bond girl, Naomie Harris (Pirates of the Caribbean), has a strong personality but comes off as dull and less appealing than Bérénice Marlohe‘s character, Severine. Severine fits the traditional ideal of a Bond girl with her beau- tiful outfits and deadly sex appeal. In the end, Mendes delivers a solid 007 entry to the series, and shows that Craig is a Bond to rival that of revered Sean Connery. Courtesy of MGM and Sony Pictures

SILVER LININGS PLAYBOOK Love comes from the oddest places, and Silver Linings takes this to heart. Great performances by Jennifer Lawrence, Robert De Niro and Bradley Cooper make this movie an instant cult favorite. While the film deals with the difficult subject of mental illness, director David O. Russell (The Fighter) proves that it can be done tastefully. The characters of this movie adaptation of a novel include people that are not the con- ventional characters of a romantic comedy, but will win the hearts of the audience because of how the audience can relate to them. Cooper plays Pat Solatano, recently diagnosed with bipolar disorder and just released from a mental institution. Throughout the movie, Pat holds an obsession for his separated wife and makes it his life‘s goal to get her back. Cooper brings real emotion and authenticity to his character which appeals dramatically to audiences. Pat is very quickly introduced to Tiffany (Lawrence) who has recently lost her husband and suffers from depression. Lawrence shows a grittier, more dramatic side in this role and really shines. Law- rence and Cooper show genuine chemistry between their characters which really allows the audience to believe that romance can exist beyond their illnesses. Silver Linings goes above and beyond the traditional romantic comedy by bringing realistic characters with a true-to-life approach involving a darker side to love while still leaving room for a happy ending. Courtesy of The Weinstein Company 85th Nominees

Best Picture Daniel Day Lewis- Lincoln Sally Field- Lincoln Amour Hugh Jackman- Les Misérables Anne Hathaway-Les Miserables Argo Joaquin Phoenix– The Master Helen Hunt– The Sessions Beasts of the Southern Wild Denzel Washington- Flight Jacki Weaver– Silver Linings Playbook Django Unchained Best Actress Best Original Screenplay Les Misérables Jessica Chastain- Zero Dark Thirty Michael Haneke, Amour Life of Pi Jennifer Lawrence- Silver Linings Playbook Quentin Tarantino, Django Unchained Lincoln Emmanuelle Riva– Amour John Gatins, Flight Silver Linings Playbook Quvenzhané Wallis– Beasts of the Southern Wild Wes Anderson & Roman Coppola, Moonrise Kingdom Zero Dark Thirty Naomi Watts– The Impossible Mark Boal, Zero Dark Thirty Best Director Best Supporting Actor Best Adapted Screenplay Michael Haneke– Amour Alan Arkin– Argo Christ Terrio, Argo – Beasts of the Southern Wild Robert De Niro- Silver Linings Playbook Lucy Alibar & Benh Zeitlin, Beasts of the Southern Wild Ang Lee– Life of Pi Philip Seymour Hoffman– The Master David Magee, Life of Pi Steven Spielberg- Lincoln Tommy Lee Jones– Lincoln Tony Kushner, Lincoln David O. Russell- Silver Linings Playbook Christoph Waltz- Django Unchained William Nicholson, Les Miserables Best Actor Best Supporting Actress Christ Terrio, Argo Bradley Cooper– Silver Linings Playbook Amy Adams- The Master David O Russel, Silver Linings Playbook

Volume 1, Issue 1 Page 9

Demon‘s Advocate (Ray) continued Demon‘s Advocate (Diaz) continued serious crime. It is a moot point to address anecdotal circumstances over-crowded prisons. The policy has affected minorities at higher of disproportionate sentences like that of Gregory Taylor (life in rates, widening racial disparities in prison sentences even further. In prison of stealing soup from a soup kitchen) or Norman Williams most situations, women are rarely affected by the three strikes law; (life imprisonment for stealing a carjack). Both Williams and Taylor however, minority women are more likely to be sentenced under the would not be given life sentences under any of the current re- law. formed laws. In addition, studies have shown that there is no correlation be- The second criticism of three strikes laws addresses the cost of tween deterrence in areas with the three strikes law and in areas caring for elderly life prisoners. However, this cost is ameliorated by without the law. New York has had a larger reduction in crime than the costs prevented by three strikes laws. If repeat offenders are California over the course of a decade, despite not enacting the law. freed and then commit future crimes, taxpayers face high costs of Because each case is unique, the three strikes law should be elimi- investigating and prosecuting these crimes. The deterrent effects of nated. This would allow cases to be decided on their merits and is- three strikes laws have led to an overall reduction in crime, thereby sues of sentencing would be left in the hands of the more than capa- lowering costs of policing. Moreover, three strikes laws reduce the ble judge who hears those unique facts. Unreasonable punishments social costs of crime such as the impact on future victims and com- that result from the three strikes law‘s mandatory sentencing result munities affected by crime. in criticism and wrongfully shift the focus away from reducing overall Overall, three strikes laws have had a positive effect in reducing crime. crime and tackling America‘s recidivism problem head on.

Law and Emotion continued tennial Distinguished Professor of Law, Susan Bandes, for her outstand- ing work on the subject. Along with Dean Erwin Chemerinksky, Profes- Professor Bandes‘ studies utilize insights from a range of sor Bandes will deliver the Centennial lecture on her studies of law and scientific disciplines to illuminate and assess the implicit and emotion on February 20, 2013. explicit assumptions about emotion that animate legal rea- soning, legal doctrine, and the behavior of legal actors. The role of emotion in the reasoning process takes place individ- ually in lay jurors whose personal experiences are exploited by knowledgeable attorneys in their presentation of evi- dence. This is entirely to be expected as there exists a clear conflict between the inherent purpose of voir dire- to find impartial jurors from a pool representative of the communi- ty, and the true yet unstated way attorneys use voir dire- to find jurors predisposed to their position. Rarely, however, do we consider the role of emotion in the decision-making process of judges. Recently, the emo- tional dynamics of judicial decision making have attracted substantial attention, prompted in part by controversy over the role of empathy and remorse in judging. If we accept the definition of empathy as an ―impulse to respond with sensi- tivity and care to the suffering of another,‖ it is inherently inconsistent with a judge‘s duty to approach each case with impartiality. Professor Bandes‘ empirical studies further show that whether a defendant exhibits remorse is a signifi- cant factor in whether that defendant gets the death penal- ty. She states, ―If we look at the evidence, we find people aren‘t necessarily all that good at reading remorse, and for example, they might not be good at reading remorse across racial lines.‖ In fact, judges and jurors of one race have a particularly difficult time judging remorse on the face of a defendant of another race. Law and emotion is certainly an intriguing field of study, and DePaul College of Law is proud to acknowledge Cen- Page 10

Health and Wellness: Yoga continued Local Politics continued Your State Representative and Senator have The ability to tailor the intensity of the poses Should congressmen from distant states have a say, too. At a recent event hosted by the to the individual means that men will still feel a say in what we do in Chicago? Is the Presi- Law Students for Reproductive Justice, we challenged, gaining deeper muscle definition dent going to fly here and increase access to learned that every year sees new bills pro- and flexibility, just like their female counter- reproductive health services in underserved posed at the state level to reduce access to parts. Yoga can prevent injury and greatly im- neighborhoods? Would he call the Mayor and abortion and family planning services. Your prove your range of motion. Some studios say, ―Mr. Mayor, I know I don‘t have the votes state legislators vote on these bills. The phrase ―all politics is local‖ is a familiar offer classes in conjunction with other activities or political capital to get this passed through but dying one. I‘m not saying that your local such as running or weight lifting. Congress and mandate it at the federal level, politicians can work miracles. I‘m not saying As for the cost , yoga can be pricy, but but I want all Chicago public high schools to that making the world a better place is as easy Groupon and LivingSocial, make paying full start providing free birth control for stu- dents‖? The answer to these questions is no. as writing them a letter. What I am saying is price for a yoga class so 2009. Studios offer Your Alderman has a say. If he or she feels this: first, that there is enough time to pay free community classes such as Lululemon, that there‘s a neighborhood in his or her attention to what is happening at the local which offers free classes in their stores on ward that needs access to reproductive health level in addition to what is happening at the differing days during the week. services, he or she can find a location and federal level, and, second, that paying atten- The best benefit of yoga is the feeling of work with Planned Parenthood to get them tion to and getting involved at the local level peace afterwards. Toxins have been flushed to move in. Furthermore, he or she can coop- provides opportunities to make a direct and from your system, the body has gotten its daily erate with local principals, clergy, and com- immediate impact on even the most im- dose of movement, and the meditation time, munity organizations on projects, like health portant national issues. Getting a picture with ―savasana‖, produces a lingering sense of calm fairs, aimed at educating individuals about the President is awesome, but you can get a best appreciated by experiencing it firsthand. existing reproductive health services and meeting with your alderman. Think global, yes, So the next time you want to tear your hair rights. Your Alderman knows the people on but act local. It‘s difficult to make an impact out over a LARC deadline or a Socratic Meth- the ground here at home—the people who on the direction of the country as a whole, od experience gone awry, whip out those yoga bring incremental change to our city every but it‘s not as difficult to make an impact on pants and try a class. Your body will thank you. single day. the direction of your neighborhood.

Same-Sex Marriage continued If the Court does issue too narrow of a holding to defeat state bans on same-sex marriage, recent public opinion polls should provide some optimism for gay marriage advocates. A Washing- ton Post-ABC News poll conducted this past November showed that 51% of Americans support gay marriage while 47% oppose it. However, this divide strongly correlates with age: 66% of 18-29 year-olds support allowing same-sex couples to marry, while 66% of people 65 and older oppose this policy—a gap of over 30%. This trend is even present with more conservative groups. Ac- cording to a recent Fox News poll, only 13% of Republicans sup- port gay marriage. However, a poll conducted last year by the Public Religion Research Institute found that almost half of young Republicans (age 18-29) favor legalizing gay marriage. This data suggests that younger Americans, regardless of politi- cal party, are more willing than their elders to vote for pro-gay marriage legislation. This also indicates that change is likely to come—eventually. With almost half of the total population still opposed to same-sex marriage, this change might occur slower than many same-sex couples would prefer. Nonetheless, it is hard to imagine that gay marriage will be a relevant social issue in a couple decades. Shifting attitudes, espe- cially among young people, likely will result in more victories for gay marriage advocates at the ballot box, like we witnessed in Maine, Maryland, and Washington this past November. Volume 1, Issue 1 Page 11 Upcoming DePaul College of Law Events

January: 16th- Student Organization Info Session, Lewis Rm. 805,12:00pm 21st– Martin Luther King Jr. Observance 9:00 am- Classes in session 10:00 am- Classes suspended for MLK Commemoration 2:30 pm– Classes Resume (Afternoon and Evening) 22nd– Spring Student Service Fair, Lewis Rm. 341, 12:00 24th- DePaul Law Auction by PILA, Chicago Cultural Center, 6pm -10pm. Visit law.depaul.edu/auction for more information. 26th– PBCSI Donate-A-Day, Our Lady of Charity School , 9:30 a.m.-3:30 p.m. 29th– NLAP Volunteer Info Session, Lewis Rm. 904, 12:00pm February: 1st– May Graduation Applications due 5th– Landing Your First Legal Job lecture, Lewis Rm. 904, 12:00pm 12th– Cause of Action Volume I, Issue 2 13th– Family Law Center‘s 10th Annual Valentine‘s Day Family Violence Distinguished Lecture, DePaul Center 8005, 2:15pm 20th– Law and Emotion Centennial Lecture with Professor Susan Bandes and Erwin Chemerinsky, place and time TBA 23rd- ABA Spring 7th Circuit Meeting, DePaul College of Law Medium difficulty Sudoku Courtesy of puzzles.about.com

Obsolete Gadgets continued continue to shorten. This leads to ―first adaptors‖ anxiety as many people try to keep up. I think I have ten cell phones from the past ten years sitting in my junk drawer. Unfortunately, this quick changeover may lead consumers to retain products longer to avoid spending money on a product that will soon be obsolete.

So what technologies are soon to hit the market? How about charging your cell phone using Wi Fi? Intel already has a chip capa- ble of this technology. How about a touch screen that allows physi- cal buttons to rise out of the screen? A company named Tactus has had a working prototype for four months now. LG has flexible LCD screens; Intel has demonstrated 48 core processors; High Definition TV‘s are already moving away from 1080p to the next standard of 1440p. In this new era of innovation, trying to keep up with the pace of technology is more likely to cause heartache than ever before. Newspaper Re-Launch continued

Chambers and SBA Secretary Corey Walker lead up the Cause of Action newspaper committee, comprised of interested students who have volunteered to write, take photographs, edit and design the paper.

Attempts to name the newspaper through an online survey were unsuccessful when the winning name, The Demon's Advocate, was deemed to be too close to the Public Interest newspaper's name, The Advocate. The historical name of Cause of Action was adopted as a second choice. The Demon‘s Advocate is now used as the name for a monthly editorial feature. Page 12

Overheard in Class Top 3 Worst Places to Study Submit your quotes to [email protected] By: Corey Walker ‘14 1. Quiet Room of the Second Floor Lounge "So when you go on Tweeter...that's not it? That's not what it's Anyone who has pretended to study in the quiet room knows the called? Oh my." many distractions this room offers. First off, the room is surrounded ―Another thing about McDonalds abroad- you know the by full length windows which allow you to not only see the 1Ls having bathroom is clean.‖ more fun than you, but it also puts you in the best position to see the "So if the defendant wasn't picking up the coke in the tree hole, exact moment the cold, leftover pizza rolls in. This room is also what was he picking up? Acorns?" perfect for mid-case naps, thanks to the abundance of couches and ―That‘s one reason I‘ve heard students don‘t want to study non-judgmental students. The room is usually between 43 and 52 abroad in China, because they can‘t get on Facebook.‖ degrees Fahrenheit year round, and, to top it all off, the room is in the ―The downfall of contemporary America began when 'party' middle of the loudest area in the school. became a verb.‖ 2. Sixth Floor Library ―Aw man! Domicile for Winnebagos! What's the rule?!‖ I will admit, this was my go-to place to study first year mainly because I could spread my LARC materials out over the big tables and pretend I ―So when this case went down” (re: Jones v. Clinton) was working on something that actually mattered in the real world. ―We, the people... And you all know the rest from Schoolhouse But this year I realized it‘s actually one of the worst places to get work Rock‖ done. Despite being part of the library, the sixth floor can rival the ―You can tell a judge is saying something important when he starts second floor lounge in noisiness. I was always amazed by how loud talking like Yoda.‖ professors coming out of the Rare Book Room could be, or how often ―The standing test has put on more weight since 1988 than the train comes when you‘re not on the platform waiting for it. Then Charles Barkley.‖ there are the people who forget they are in a library just because they ―So the Justices are just talking to each other now. Have you ever close a door behind them. Which brings me to the study rooms. The seen a really high quality ping pong match? The judges are the study rooms are almost always occupied by a single person sitting in table.‖ the dark, unless it‘s finals time, when they are occupied by undergrad students doing math problems. Math…in law school! 3. An Empty Classroom Many of you have probably never thought about going to an open classroom to study. Good. It‘s a terrible idea. When I attempted this last year I realized that these classrooms remind me of three feelings: (1) fear, (2) boredom, and (3) G-Chat. Yes, G-Chat is a feeling. The minute I sat down in the middle of 903 and cracked open my torts book, memories of embarrassing moments while on call, epic twenty- six person group chats, and an unrelenting drowsiness came rushing back to me. And the room was empty! I felt like everyone decided to ditch class that day and I wasn‘t cool enough to get the memo. The portraits surrounding me, whose job it is to judge, offered no solace as I procrastinated on the Internet. After reaching that familiar point of ―Screw this, I‘m going home,‖ I stood up to leave and discovered that it‘s just as hard to of those chairs when the room is empty as ABA Leadership Positions The ABA Law Student Division has numerous leadership positions avail- able either by election or appointment. Chair, Vice Chair and Secretary-Treasurer: All positions are part of the LSD‘s Executive Committee and participate in overall operations, long-range planning, execution of a legislative agenda, and developing/ maintaining ABA membership in the Division. Division Representative to the ABA Board of Governor: Serves as a voting member on both the LSD‘s and ABA‘s Board of Governors. Circuit Governor: The (15) circuit governors represent and advocate for law students in their regional circuits. *Please visit http://ambar.org/lsdleadership for eligibility requirements, the nomination/application forms, deadlines, and mailing instructions.