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Salacious? Tasteless. ○○○○○○○○○○○○○ Fear and Loathing in Triathlons and Tribulations: When 3L Tania Meola saw a Law School Mirroring the sexually suggestive sign Is it possible? A social life triathlon, from advertising pressure washers between briefs and the training to in Parma she took action. The socratic induced the competi- scantily-clad “pressure girl of paranoia? The Gavel tion. How to the month” is no more thanks to slips into the mind of succeed in the Meola and the city of Parma.

the 1L. triathlon that is WWW.GOTOSTSCROIX.COM LAW, PAGE 2 OPINION, PAGE 7 law school. CAREER, PAGE 4

VOLUME 51, ISSUE 1 SEPTMEBER 2002 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW

Alums bring High Court Man charged Clerk to C-M in 3L’s death By Ed Pekerek NEWS EDITOR By Jay Crook and Police traffic crash report and The Clerk of the U.S. Su- Ed Pekarek Det. James McNamee, Roupe preme Court, retired U.S. Army Russell H. Roupe of Prosser was operating a 1995 Toyota Major General William K. Suter, Road in Slavic Village has been Camry owned by B&A Auto visited C-M Sept. 12. charged with multiple counts of Sales of 6605 Clark Avenue in The animated Suter enter- aggravated vehicular homicide, Cleveland, on Saturday, June 29 tained and informed the fortu- involuntary manslaughter and when Cwiklinski was killed. nate few who attended the dis- receiving stolen property (motor Roupe was allegedly operating cussion, covering a wide range vehicle), in connection with the the stolen Camry with a sus- of topics including; Bush v. death of Cleveland-Marshall pended Ohio driver’s license at Gore, anthrax scares at the 3L, Frank Cwiklinski. approximately 70 mph when he Court, Sept. 11 and terrorism, Roupe appeared before struck Cwiklinski’s driver-side military tribunals and the Court’s Cuyahoga County Common door at the intersection of Fulton current docket, which is set to Pleas Judge Lillian Greene Sept. Road and Lorain Avenue in begin hearing disputes the first 5 for a pretrial hearing. Cleveland. Monday of October. Roupe, who will celebrate The report further states that, Suter came to C-M at the re- his 24th birthday Oct.1, has been “[Roupe] failed to stop for a red quest of long-time friends and convicted of multiple felonies, electronic traffic control device fellow Delta Theta Phi members, including priors involving other and collide[d] into [Cwiklinski’s Fred Lick ’61 and Fed. Judge stolen vehicles, possession of BMW].” Thomas Lambros ’52, who ED PEKAREK-GAVEL criminal tools, breaking and en- The collision occurred at joined Suter in the Joseph tering, vandalism, theft and fe- 2:54 a.m. Cwiklinski was trav- Bartounek Moot Court Room Sept. 11, 2002 lonious and aggravated assaults. eling northbound on Fulton for the hour-long Q&A session. Roupe has never served a sen- when Roupe allegedly struck Suter claimed to have consis- Along with the rest of the open again, taking passengers tence longer than six months and him while traveling eastbound tently picked the disposition of nation, the Gavel pauses to to the area near the site, the was extradited from Cleveland on Lorain. According to the nar- cases after oral arguments with look back and to examine the financial district of lower as a fugitive from West Virginia rative and diagram of the traffic roughly 70 percent accuracy dur- current state of the nation. Manhattan, where the busi- authorities in 1997. He currently report, the impact of the colli- ing his 11 year tenure as Clerk, Here, the subway stop for ness of life goes on. remains free on $2,500 bail. sion was so severe that it See CLERK, page 5 the World Trade Center is Turn to pages 6-7 for more. According to the Cleveland See CWIKLINSKI, page 2

YouYou 1Ls by 1L class proves leaner and meaner ShouldShould the School sees strong applicant sions. “By doing this we can be concerted effort to let these per- pool, C-M enrollment down, much more selective.” Mc Nally spective students know that they KnowKnow numbers noted that this year’s entering are not only valued in our minds By JASON SMITH scores and diversity up class is not only one of the most but would be very welcome Some basic information about the 2002 1Ls By Colin Moeller diverse but is also one of the here.” MANAGING EDITOR brightest to enroll at C-M, as According to Mc Nally, Dean Number of Students: 264 Despite a 17 percent jump in appli- evidenced by the jump in median Steven Steinglass and minority Full-time Day: 185 (70 %) cations to C-M last year, the incoming LSAT and undergraduate GPAs. alumni focused efforts this year Part-time Day: 14 (5 %) 1L class is smaller than the 2001-2002 “The admissions committee, to contact admitted minority stu- Part-time Night 65 (25 %) class by 28 students. But, while the headed by Phyllis Crocker, truly dents and encourage them to ac- number of entering students decreased, Female: 111 (42 %) dedicated themselves, working cept admission offers. Male: 153 (58 %) the class reflects a diverse make-up very hard to select a strong According to Mc Nally, this unparalleled in recent years. class,” said Mc Nally. year’s increase in applications Resident: 212 (80 %) According to a C-M admissions re- According to Mc Nally, C-M not only was a result of a weak Non-resident: 52 (20 %) port, over 18 percent of the 264 stu- does not use race as a special fac- economy, but also fits an ongo- dents admitted in 2002 represent races tor in its admissions decisions ing admissions trend. Mc Nally Minority: 49 (19 %) other than Caucasian. but does evaluate the pool of noted that the increase in appli- The 1Ls come from 16 different those it extended an admissions cations allowed the admissions LSAT UGPA states and hold degrees from 96 differ- offer to, making a special effort committee to be more selective 25th percentile 154 3.48 ent universities. to encourage certain applicants only because many of the appli- 75th percentile 149 3.16 “Our goal this year was to cut the to accept. “We look at the pool cants were strong candidates. entering class size to between 150 to as a whole and ask ourselves But, a large applicant pool, said 160 rather than 170 to 180,” said Mar- Information courtesy of Roslyn Perry what characteristics are lacking,” Mc Nally, does not always mean garet Mc Nally, former dean of admis- said Mc Nally. “We then make a a strong pool. THE GAVEL Page 2 LawLaw September 2002 C-M booked for the year Advertiser bends under pressure 3L’s outrage results in resolution against salacious sign By Steven H. Steinglass I am writing to welcome all By: Colin Moeller In the Feb. 9, 2002 edition ment to be unacceptable, unnec- to sell pressure washers. He con- our new and returning students MANAGING EDITOR of the Plain Dealer, Roman essary and intolerable. These ads cluded the conversation by tell- to the 2002-2003 C-M school Towering above Ridge President, Jack McManus was must be protested in order to pre- ing Meola to give him a call if year. By now, with the calen- Road in Parma, not far from quoted as saying, “More vent further reprehensible adver- she needed a pressure washer. dars distributed and all our Ridge Park Square and just off people get a bang out of it than tisements from invading our so- Meola contacted Parma events listed on of I-480, a billboard advertis- it offends.” McManus was fur- ciety and the morals of our com- Mayor Gerald Boldt and Parma the Web, you ing pressure washer equipment ther quoted, saying, “When I munity.” City Council to voice her com- must have an featured a nearly nude model put up a boring billboard, the Protest is exactly what Meola plaints about the billboard. Un- idea that you are in a suggestive pose, for every- phone doesn’t ring. When I did. Her first line of de- like McManus, Parma City studying law in one stuck in traffic to see. put up an entertaining bill- fense was to call Roman Council offered Meola assis- a school that Today, this billboard is gone board, the phone rings.” and express her disap- tance in her crusade as she con- does not confine thanks to the determination of McManus noted that the proval. The call not vinced them to pass an official learning to the 3L Tania Meola. Meola billboard changes every only failed to rectify resolution “opposing and urging The classroom. This worked to have a resolution month and that it was the situation but the removal of the billboard ad- year you will passed in Parma opposing the common to use “girls” in according to vertisement sign.” The resolu- Dean’s have an oppor- advertisement and urging its re- ads. According to Meola, made tion declared the billboard to be Column tunity to hear moval. McManus, he recruits it worse. “of an offensive nature” stating some of the Meola, described the bill- models from bars According the “explicit sexual content sub- country’s imminent jurists, law- board as “insulting and de- as his “pressure to Meola, jects to community to the offen- yers and public servants at C-M. grading to women.” The bill- girl of the McManus defended sive and unacceptable display of Soon after our award-winning board for Roman Equipment month.” his billboard, invok- women.” The Gavel prints its first edition of Consultants “The explicit ing his right to free Parma City the year, students will have met Inc.’s pres- sexual content speech. McManus Council de- former United States Attorney sure wash- of the billboard further advised clared the reso- General Edwin Meese, an im- ers read, ad subjected the Meola, refer- lution, “an emer- “The only community to ring to her as gency measure portant figure in the Reagan ad- WWW.ROMANEQUIP.COM ministration, in an informal cof- thing you can- the offensive “dear,” that necessary for the fee hour. The Criminal Law not clean with if she immediate pres- Faculty has put together an im- a pressure ervation of the pressive roster of speakers, who washer from public health, will discuss subjects from eth- Roman is a safety and wel- nic profiling in the wake of Sept. filthy fare of the city 11 to infanticidal mothers. mind!!!” of Parma.” Our 30-year-old Visiting Meola said Meola’s per- Scholar Program brings five dis- the adver- sistence not only tinguished lecturers, including tisement pro- gave her an early Marshall University Prof. Jean fessed that the pornographic and unacceptable display of would have looked at the bill- opportunity to exercise her law- Edward Smith, a noted author- advertisement would invoke women,” said Meola. “As a board instead of looking at the yering skills but successfully ity on the life of John Marshall. sexual thoughts about the “girl” law student and professional girl she would have known that brought down the offending bill- Professor Smith will speak on on the billboard. woman, I found this advertise- the purpose of the billboard was board. Marshall’s contributions to the American system of govern- ment, as we commemorate the bicentennial of Marbury v. CWIKLINSKI: Man faces felony and misdemeanor charges in Cwiklinski’s death Madison. In April, the law continued from page 1 -- Lautner declined to comment, school will join with the rest of forced the BMW past a build- saying, “I was assigned to this the state in celebrating the bicen- ing and into a tree on the north case at the arraignment.” tennial of the Ohio Constitution. side of Lorain. Cwiklinski, graduated from We will sponsor a two-day con- Cwiklinski was attended to Valley Forge High School in ference. And this year, with the at the scene by Cleveland EMS 1985 and the United States Mili- support of the law firm of Duvin Paramedic, Stacie Nofer who tary Academy at West Point in Cahn & Hutton, the Employ- was among the first to arrive. 1989, interning at the Pentagon ment-Labor Law faculty are in- “I tried everything I could to and attending Airborne school augurating a three-lecture series bring him back and intubated prior to graduation. Upon gradu- on issues relevant to the employ- him as fast as possible to get ation, Cwiklinski was commis- ment law practice. him to the hospital,” Nofer sioned as a Second Lt. in the U.S. Prof. Alan Weinstein begins said. Army and attended Armor Of- the Faculty Speaker Series Sept. Cwiklinski was pronounced ficer Training. Cwiklinski was 30 with an arresting subject, dead at Metro Health Medical stationed in Germany and as a “What do Nude Dancing and Center at 3:31 a.m. “His inju- First Lt. in Operation Desert

Churches Have in Common? ries were so severe that there ED PEKAREK-GAVEL Storm. Dealing with Legal and Policy was nothing we could do to Cwiklinski was honorably “I’ve never known a victim’s name before and really Issues Where the First Amend- bring him back,” Nofer said. discharged from the Army in never wanted to, but I’ll never forget Frank for as long ment Meets the Street.” “I’ve never known a victim’s 1993 due to an injury sustained as I live.” Nofer was among the first to the scene. In this brief overview, I have name before and really never on duty. Cwiklinski, a former only hinted at the abundance of wanted to, but I’ll never forget that] the defendant was travel- Skutnick said the defendant Law Review Editor, top 10 per- opportunities stored on the cal- Frank for as long as I live.” ing at 70mph and ran a red was charged with “three differ- cent student and columnist for endar of our newly redesigned, Carol Skutnick ’92, is the light, and does not consider ent methods of attack.” The three the Gavel, was slated to gradu- soon to be up-and-running assistant prosecutor assigned to drug and alcohol allegations.” alternate theories of prosecution ate from C-M in December and website, created by the law the case. According to The second count of the in- are mutually exclusive, or, “one had accepted a position with the school’s webmaster, David Skutnick, “if the defendant is dictment is a class three felony or the other,” Skutnick said. “Un- Ohio Attorney General’s office Genzen ’98. The new site will found to have been under the and carries a one to five year der the new ‘truth in sentencing’ in Columbus shortly before his make student life easier, allow- influence of drugs or alcohol [at sentence. The third count is in- laws, [convicted felons] receive death. ing you to navigate the site more the time of the accident], he can voluntary manslaughter with no credit for good time... [and] A memorial scholarship fund easily and to stay tuned to life be convicted of a second degree an attached misdemeanor of we won’t take a plea lower than is in the offing and it is expected beyond the classroom. I wish felony and sentenced to two to driving under the influence of a second degree felony.” Roupe that the Cwiklinski family will each of you a productive and eight years. The second count drugs and/or alcohol, accord- was declared indigent and is rep- receive an honorary C-M degree successful year. is a reckless driving offense ing to Skutnick, and also car- resented by court-appointed in May. Steinglass is Dean of C-M. that includes [the allegation ries a one to five year sentence. counsel, Timothy Lautner ’70. Crook is a 3L. THE GAVEL
LAW SEPTEMBER 2002
3 Williams named assistant dean and head recruiter

By becoming the new C-M Society, an intellectual asso- 2002-2003 C-M FACULTY Assist. Dean of Student Affairs ciation in which Meese is the NotesNotes SPEAKERS SERIES and recruiting, Gary Williams president. The annual C-M Faculty ’84, has completed a personal Throughout his career, inin BriefBrief Speaker Series begins Mon., quest of sorts. Meese has Sept. 30 at 5 p.m. in the Student “I’ve always undergone Services Center. Prof. Alan wanted to be in the scrutiny of Weinstein discussing, “What do academia full- two Special DELTA THETA PHI Nude Dancing and Churches time,” said Will- Counsel inves- CLAMBAKE Have in Common: Dealing with iams, who as- tigations, both The Cleveland Alumni Sen- Legal and Policy Issues where sumed the posi- of which re- ate of Delta Theta Phi Law Fra- the First Amendment Meets the Steinglass with new tion in June. sulted in no ternity will hold its annual clam- Street.” CMLAA chief, Ambrose. “I’ve done part- charges. Forte bake Sept. 22 from 2-6 p.m. at time a number of Jayne Geneva, OCP attributes this River Oaks Raquet Club in 1L ORIENTATION CRIM LAW FORUM years. The spot director with Williams. success to Rocky River. Ohio Supreme Court Justice The first Criminal Justice fo- opened up. I Meese’s “full Thomas Moyer joined CSU rum is Tuesday, Sept. 24 at 5 p.m. looked at it, and it seemed like I cooperation, open communica- President Michael Schwartz in in the Moot Court Room. David could do a lot of good for the tion and his high standard of eth- welcoming the incoming C-M Harris, University of Toledo Balk school.” ics.” 1L class this August. Schwartz professor of law will discuss ra- The chief projects entrusted Despite his vast experience will be officially inaugurated on cial and ethnic profiling post- to Williams include developing and his significant position, Thursday, Sept 23. All afternoon Sept. 11. a comprehensive long-term as- Meese still relates well to the le- classes are cancelled for the cer- sistance program for students gal minds new to the profession. emony, which commences at 1 and improving the bar passage Forte agrees, noting Meese has p.m. at the Palace Theater. Notes in Brief compiled by, rate. In the end, Williams said appointed some of the best Schwartz and Steinglass Brian Murphy, 1L, those tasks can be combined un- young law clerks in the United greet Ohio Supreme Court Amanda Parr, 1L, der one umbrella because doing States. As U.S. Attorney Gen- Justice Thomas Moyer. Ed Pekarek well on tests in law school refines eral, he “cultivated a staff of OAKAR SEEKS A J.D. traits prospective lawyers require these young legal minds and Former U.S. Rep. Mary Rose All photos by Ed Pekarek, except while taking the bar exam and in turned them loose on the U.S. Oakar recently joined the class Moyer photo, practice. Constitution.” of ‘06 as a 1L night this year. Bill Reiter-CSU. “You’re Forte said teaching people C-M is hon- MOOT COURT NEWS to think like law- ored to host a The John Marshall Competi- Tips for Notes in Brief yers,” Williams guest of such tion team of Christine LaSalvia, may be submitted to the Gavel at, said. “You’re integrity. R.J. Roberto and Denise Salerno 687.4533, or via e-mail, teaching people Forte said are headed to the competition in One of C-M’s newest 1Ls, fmr. [email protected] study skills, ana- that even Chicago, Oct. 16-18. U.S. Rep. Mary Rose Oakar. lytic skills. now, after be- You’re teaching ing friends people critical with the thinking, and former At- Delta Theta Phi’s you’re teaching torney Gen- people how to ar- eral for years, ticulate well 2002 C-M graduates wait he and many through security to Annual Clambake what they learn.” others in graduate. Williams is Washington, Sunday, September 22, 2002 interested in a pilot program that D.C. still refer to him as “Mr. emphasizes small-group teach- Meese” as a means of demon- ing for at-risk students. He strating their utmost respect. River Oaks Racquet Club would like to make this program U.S. Attorney General available for students to incorpo- Meese’s colloquy will take place 21220 Center Ridge Rd rate cooperative learning meth- this Friday in the faculty lounge Rocky River, Ohio ods. at 11:00 a.m. (NE of Rocky River Brewing Company) Williams arrived at C-M af- ter serving as law director for the C-M ON THE WEB City of Shaker Heights for nine C-M’s new website is nearly 2 - 6 p.m. Browns v. Titans years. He also had stints as chief complete. The website will prosecutor and assistant law di- launch any day now... rector of Shaker Heights, as both $10 Students & Guests an assistant prosecutor and assis- AMBROSE ALUMNI HEAD $25 Alumni & Guests tant law director for the city of Former Browns’ player Dick Cleveland, as a trial attorney for Ambrose ‘87 is the new C-M Price includes draft beer, soft drinks & lots & lots of... the United States Solicitors Alumni Association president. general’s Office and as a litiga- tor in private practice. E. 18TH CONSTRUCTION A Cleveland native and CSU The Howard Shanker build- graduate with a bachelor’s de- ing, which once stood at the cor- gree in psychology, Williams ner of E. 18th Street and Chester started teaching as an adjunct Avenue. was demolished this professor at C-M in 1994 and summer. The acreage will be de- taught at David Meyers College veloped into a green space as from 1985-88. part of C-M’s efforts to replan and renovate the Law Building. REAGAN’S ATTORNEY GENERAL FRIDAY AT C-M Former Reagan, U.S. Attor- ney General, Edwin Meese, III, is coming to C-M this Friday, Sept. 20. Meese, who currently holds the Ronald Reagan Chair in Public Policy at the Heritage Foundation, was invited to speak at C-M by his colleague and friend, Prof. David Forte. Forte Oh the times, they is a member of the Philadelphia are a changin’. For more info call ∆ΟΦ - 216.221.7817 THE GAVEL Page 4 CareerCareer September 2002 Class A Triathlete’s Guide to Law School

Prep 101 I ran my second triathlon this Au- is critical. I have several friends who gust, a small-scale sprint version or the are much more serious endurance ath- Ironman. We swam, biked and ran, letes than myself, and their worst races By Karin Mika but at distances far more realistic than have been attributed not to training or LEGAL WRITING PROFESSOR the body-shattering triathlons for preparation, but to mental state. Tur- Q: All of my friends brief our which the sport is most famous. When moil at home, at work or with your sig- cases in first year, but it seems discussing the event with another law nificant other can greatly affect your that whenever any of us gets student, it was mentioned that there are ability to function at top levels. Ad- called on, none of us can ever several parallels between law school dress problems in turn, it’s alright to let answer a question! and triathloning. things slide, but let problems fester and A: There’s a lot of things go- After first looking at him incredu- run the risks. ing on during the first few weeks lously, and then questioning exactly 3. Get ready to suffer, but look for of law school. how much beer he had drank, I will the bright spots – Triathlons are hard Students are Legal admit he got me to thinking. So after work and painful. The payoff comes at learning a new much pondering, and more than a few the end of the race, in the natural high Writing language, a new beers between that time and now, here you get, in the feeling of self-satisfac- learning method is the triathlete’s guide for 1Ls. tion when you look at what you accom- and, in many instances, new class 1. Know yourself - to be good plish, and even in the admiration of preparation techniques. Unlike in at triathlon, you have to very clearly those who wish they could do what you some other objective learning evaluate your strengths and weakness do. During the race, there is suffering. situations, a law professor’s pri- and plan your training and your race Shin splints, burning lungs, leg cramps, mary concern is not always “Who accordingly. I’m a much better cyclist scorching heat, unfriendly winds. The did what to whom?” or “Who than a swimmer or runner (I sink like list goes on. Another triathlete I know won?” Thus, as you brief a case, a stone and run like a penguin with a put it best “Triathlons are fun to have it is not always enough just to limp); therefore I have to work harder run, not to run.” But at the same time know the basics. I realize that it at the later events to stay competitive. there is joy to be had. Passing another is hard at this point understand- At the same time, I don’t get upset runner, finding a burst of speed and de- ing context, especially while Know yourself - to be good at triathlon, when I get regularly passed by those termination you didn’t know you had, looking up every other word in you have to very clearly evaluate your more svelte than I who swim by me the camaraderie of fellow Black’s Dictionary, but this is the like a barracuda or dart past me ga- strengths and weakness, and plan your masochists...er ...triathletes all are small time when you really have to put zelle-like while I muddle along. I have training and your race accordingly. moments of joy in what is an otherwise in the effort to do that –slowly and my moment to shine in the run, and The same goes for law school. If you’re arduous event. meticulously. It is not enough to take my satisfaction from it; while at The same for law school. If you read the cases just once so you just starting take a good hard look at your- the same time work hard before the want it, you’re going to have to work have something written down. self. Are you a better writer than speaker? race to ensure my run and swim don’t for it, and you’re going to have to be Ideally, you need not only to re- negatively affect my overall time. Do you study better in groups or alone? prepared to make yourself unhappy. Fi- read cases, but ponder them (and The same goes for law school. If nals at law school are a fairly unique discuss them) in the context of the you’re just starting take a good hard and painful experience. The same can other cases and the unit you might by Jay Crook look at yourself. Are you a better be said for oral arguments, note writ- be reading. writer than speaker? Do you study ing and Constitutional law. Knowing Some questions that you need better in groups or alone? Do you learn eryone have a 4.0, win the moot court com- it is going to hurt going in should make to start asking yourself are, “Why by doing or by observing? All of these petition and be editor of the law review. The the pain less of a shock. is this case here?” and “What things should play an important role in dic- importance to setting attainable goals cannot At the same time, there is fun to be had point is the professor probably tating your approach to law school. At the be over-emphasized. Even if you are the most in law school. I’ve made some great going to make about the case?” same time, you can’t let yourself be dis- brilliant student imaginable, there is still the friends here, taken a modicum of pride in It’s those deeper inquiries that couraged by your setbacks. Some students issue of time. Balance is critical to law school what I’ve been able to do, and have tipped generally give rise to the ques- are better writers, others better speakers, success. Think about it, every student must more than one pint to wash away the sting tions asked. others better test takers. By working hard juggle at a minimum: school, work, family of a particular miserable week of classes. Keep in mind, however, that at your weak areas, and taking (as much and social obligations. Neglecting any one By accepting the fact that law school sucks, learning the law is a lengthy pro- as possible) a class load that emphasizes of these areas cannot only harm you as a per- yet still seeking the good things to be had cess. Some students “get it” ear- your strengths you are setting yourself up son, but could negatively affect your law has made law school a much more bear- lier, and some later. The idea is to finish with the best GPA you can. school performance. The same goes for rac- able experience to date. to put in time during these initial 2. Know your goals- Not everyone ing. Not only must you balance training for So there you go 1Ls. Welcome to law stages so that you start “getting can be a world class athlete, nor can ev- three separate events, but the personal factor school, and let the games begin. it” sooner rather than later.

OCP’s Fall Interview Program helps students get a foot in the door by James Lucas lowing summer. Getting a job requires ing to Salada, 35 employers par- students are expected to partici- CONTRIBUTING WRITER “Every summer associate standing out from the ticipated in 1999. That number pate in the 2002 program. Ac- As the Fall semester kicks who participated in the program law student-stereotype. has grown to about 50 employ- tivities such as Moot Court, Jour- into gear, C-M 2Ls and 3Ls re- last year that we know of has re- ers, including firms such as nal of Law and Health, and Law vise and sharpen their resumes ceived an offer for permanent Jones, Day, Reavis & Pogue and Review are desirable in the pro- and pull their best suits from employment so far, even in other entities such as the CIA. cess. “Employers tell me they their closets in preparation for Washington, D.C.,” said The job opportunities do not want somebody who is strong the Fall Interview Program. Bernadette Salada, assistant di- end with those employers hold- academically but also someone The program is coordinated rector of the OCP. The OCP ing interviews on campus. Ac- who has worked on such a pub- by the Office of Career Planning emphasizes the skills necessary cording to OCP Director, Jayne lication,” said Geneva. Work ex- (OCP) to introduce students to for a successful interview, ELL Geneva ’87, 35 firms from perience in the legal field is a W

K the art of effective legal job in- from the proper appearance C across the nation participate in plus. “Outside employment ex- O terviewing as well as the com- and demeanor, to how to an- R Resume Collect or Direct, where periences and specialties are

AN petitive job market. swer, “Why did you come to M students send resumes and writ- paramount in employment deci- R

O Recruiters from nearly 50 law school?” N ing samples to firms and other sions,” Geneva said. firms of all sizes, primarily from An interviewing skills work- Salada. “You need a employers to receive an inter- Geneva cited a strong work Ohio, hold interviews with stu- shop and mock interviews were positive mental image, and what view. “Big firms from across the ethic among the student body dents who bid for interviews on recently held by the OCP to help you think is really who you are.” country are choosing not to come and the quality of legal educa- eAttorney.com. Successful bid- students prepare for the inter- The OCP’s program has been to campus due to September 11th tion one receives at C-M as ma- ders interview with potential em- view process. “Interview skills growing every year since its in- security concerns,” said Geneva. jor reasons why students are suc- ployers for positions for the fol- can make or break you,” said ception in Spring 1999. Accord- According to Geneva, over 300 cessful in seeking employment. Lucas is a 2L. THE GAVEL
CAREER SEPTEMBER 2002
5 CLERK: Gives a glimpse of life behind the scenes with the Supremes Continued from page 1 -- was released the day after that.” back to one 1995 case... O.J. Simpson. your reputation is everything.” and said, “I can always tell what kind of Suter recalled the events on the Lance Ito is a friend of mine,” said Suter. Among his many accomplishments, case the Court is hearing before I’ve even evening of the Court’s release of the opin- “But it seemed that the case got away from Suter previously served as the Assistant read the briefs. If the attorneys are wear- ion and the frenzied media, describing him on the first day that the cameras were Judge Advocate General of the Army, ing Armani suits, it’s a business case, if how his staff was “at the ready with fin- in the courtroom.” Commander of the U.S. Army Legal Ser- they have beards, it’s probably a criminal gers on their mice, waiting to circulate the Suter went on to describe the process vices Agency as well as Chief Judge of case and if they’re wearing pocket pro- opinion to the media.” by which the nine Justices reach such a the U.S. Court of Military Review. De- tectors, it’s likely a patent dispute.” “We had a countdown to 10 p.m. pre- decision by way of “The Conference,” and scribing his views on the possibility of Suter also predicted that the Court cisely, as the entire nation and world recalled how Justice David Souter once military tribunal proceedings to prosecute would likely grant cert in the matter of waited,” said Sutter. He recounted how told a reporter, “when they bring cameras the alleged co-conspirators of Sept. 11 and Grutter v. Bollinger, the highly publicized the media scrutinized every detail, includ- into the Supreme Court, it will have to be members of the Taliban, Suter said, “mili- case of the University of Michigan’s con- ing how the lights were turned off in Jus- over my dead body.” tary commissions are older than the troversial Law School Admissions policy tice Souter’s chambers and speculation Suter also commented on books pub- United States...but are only to be used that was the subject of C-M’s 2002 Sum- that a decision was imminent. Suter then lished that purportedly disclose “behind during military conflicts.” While Suter mer Writing Competition. went to the Justice’s chambers and turned the scenes” views of the Court, charac- said, “there is ample precedent for their “Over 8000 petitions are filed each the lights back on, just to add another el- terizing Bob Woodward’s account of the legality,” he said that he personally hoped year and only around 80 are granted cert,” ement to the mystery. Court within The Brethren as, “embel- such tribunals would not be used. But that said Suter, explaining that, “the Court is Suter reflected on CNN’s Charles lished... [and] despicable,” and said that if they were, he said, “they should be held there to decide issues of great national Bierbauer seeking a story from the Clerk Ed Lazarus, author of The Chamber, at least twelve miles off the coast [in in- importance and not to correct every [ju- and Suter replied, “how about, ‘[t]he jus- “should have been brought before the Bar ternational waters] on an aircraft carrier.” dicial] error. The Court generally doesn’t tices are toiling away in their chambers for ethics violations for disclosing the Suter also advised C-M students that, like to interpret the Constitution, with the with a decision expected some time be- contents of confidential memos between “the three secrets to appellate advocacy exceptions of the first, fourth, fifth and fore midnight.’ ” To his amazement as the Justices.” are, preparation, preparation and more fourteenth amendments... [the Court] pre- well as amusement, Bierbauer went on the Suter used the examples to emphasize preparation,” recounting advice provided fers to interpret statutes.” air moments later with a report almost to C-M students and newly sworn-in in his book, In recounting Bush v. Gore, Suter de- identical to his comments. members of the Federal Bar in attendance Guide for Counsel in Cases to be Ar- scribed the process involved in as “un- When asked by the Gavel about the of the importance of upholding a sworn gued Before the Supreme Court of the precedented.” “The Court granted cert Court’s long history of refusing television oath. Suter advised that “props and at- United States, available free online at the one day after the filing, both sides’ briefs media access and the decision to allow tempts at humor won’t fare well with the U.S. Supreme Court’s website: http:// were due the next day, oral arguments an audio feed of oral arguments in Bush Court,” and cautioned those in attendance, www.supremecourtus.gov/ were the following day and the opinion v. Gore, Suter quickly noted, “it all goes “don’t ever try to outfox a federal judge... oral_arguments/guideforcounsel.pdf.

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Come to our first staff meeting, Thursday, 216.687.4533 Sept. 19 at 5 p.m. [email protected] LB 23 THE GAVEL Page 6 OpinionOpinion September 2002 SBA welcomes A winning argument you back

By Chris Tucci SBA PRESIDENT Welcome back C-M students! I am happy to announce that the Student Bar Association (SBA) will have a column in each issue of the Gavel. This SBA column will be an excellent way to President’s convey “what is Column going on” with SBA and the law school. SBA would like to thank the editors. The SBA book sale was a suc- cess for both students and the SBA. Compared to SBAs in the past, we were able to gross as much money and give a larger cut to those students who donated their books for sale. Thank you to all who participated! SBA held its first social Sept. 12 in the student lounge. This year, SBA will be holding socials around the greater Cleveland Times Square brims with people cheering for Bon Jovi in a concert to kick off the NFL season, Aug. 29. area; therefore, we need your help. FTER SEPT. 11, Guilt is unnecessary and counterproductive. We are asking our fellow stu- pundits be Post 9/11 dents to contribute their input on gan speculating. Our resistance to change should be where SBA should hold these so- A Irony was dead. Pop culture celebrated as our resiliency as a nation. cials. Please e-mail suggestions would never be the same. to our Vice President at: We were told our laughter culture is The most potent weapon we have against [email protected], would never sound the same, enemies that feed on fear and strike with or write to me directly at: drowned by the sounds of [email protected]. Sept. 11 echoing. familiar terror is our strength. The more students involved with We were told that our lives these socials, the better they’ll be! changed, and that in the wake Irony is not dead. The com- pear shallow and callous. By far, the most important so- of the nation’s worst disaster, edy, violence and drama that Guilt is unnecessary and cial of the year for the law school nothing would be the same. permeated American pop cul- counterproductive. Our resis- is the Barrister’s Ball. This event What did ture on Sept. 10 remains. tance to change should be cel- has it all: food, drinks, dancing, CLEVELAND-MARSHALL COLLEGE OF LAW that mean? If you can shake off the code ebrated as our resiliency as a na- CLEVELAND STATE UNIVERSITY etc. In past years, SBA has held Some The orange warning to take in a tion. 216.687.4533
FAX, 216.687.6881 this event at the Renaissance Ho- things were Gavel movie, you’ll see more than Strength is not tantamount to [email protected] tel Ballroom, Cleveland Browns certain to news reels. You will probably callousness. We mourned. Stadium and Jacobs’ Field. The Editorial change. And Opinion find many people there with you We grieved for our losses event will most likely be held in the evidence who want to see a good film. throughout the past year. Many early March. That may seem far was clear: longer lines at the And it is a real possibility the of us are still mourning. But it away; however, SBA needs to ap- airport; Ashcroft’s color- film you take in will have ex- is our strength that allowed us prove the venue for Barrister’s coded terror-warning system, plosions and all the gratuitous to grieve without requiring us soon. SBA is looking for your and; the slumping economy. violence Hollywood does so to change. suggestions for alternate venues. (But, wasn’t the economy well as our nation’s largest ex- The most potent weapon we Clare R. Taft We need your ideas. Please e- headed that way already?) port. have against enemies that feed Editor-in-Chief mail Matt Basinger or myself Or did “change” in the Come Saturday night, you on fear and strike with terror is with suggestions. post-Sept. 11 U.S. mean more will need to make your restau- our strength. Courage wins. Colin P. Moeller Managing Editor 1L senator elections are com- than the inevitable? Would rant reservation because people Our ability to maintain our cul- ing up. They will be held Sept. we be forced to abandon parts are still eating out. And don’t ture demonstrates our lack of Edward R. Pekarek 24 and 25. The voting times will of our culture and part of our worry, that annoying “talker” fear. Their efforts have been News/Photo Editor be announced soon. 1Ls, I en- national identity? will still be sitting next to you thwarted. courage everyone to run for a If that is the sort of change on the plane when you travel. We won when we continued senator position. As I expressed Americans are being sold, we When you head to New to live like only Americans can. Staff at orientation, if you want to make are not buying. York, you will find Fifth Avenue After all, when late night a positive difference for your law Anonymous 1L Granted, things have still packed with credit card- talk show comedians slowly ap- Jay Crook school, and you want a great re- changed; but by no means has wielding shoppers and a sea of proached us to see if we were Christopher Friedenberg sume component, run for a sena- our way of life changed as people and taxis in Times ready to get back to laughing Manju Gutpa tor position. Please e-mail me if Michael Hudson drastically as some would Square. two weeks after Sept. 11, we Tricia Hurst you have any questions about the have us believe. It did not take our nation said yes. When Saturday Night Kelly R. Johnson elections. Once we sort through the very long to return to those Live hardly called a day off de- Michele McKee Carl Muller SBA is looking forward to an cable news stations, network things we enjoy. The economy spite a slight dusting of Anthrax exciting year, but we cannot do it Peter Roche news and magazine news may be sluggish, and airtravel and movies studios kept pump- Jason Smith without our fellow students. I shows that tell us to say may be lighter, but for the most ing out product, we said thank know that law school is a lot of goodbye to yesterday, we will part, life went on. you. work, but any way you can con- Adviser Thomas Buckley eventually run into Friends, Unfortunately, there is a ten- Strength and resilience are Printer Gazette Printing tribute this year will be greatly ap- Everybody Loves Raymond, dency to declare, “we changed.” integral parts of American his- preciated by everyone in the C- The Sopranos and David A sense of guilt trails this senti- tory and culture. They are quali- http://www.law.csuohio.edu/students M community. Letterman taking shots at ment attempting to make those ties inherent to our nation quali- ALL RIGHTS REVERT TO AUTHORS. Tucci is a 3L. color-coded warnings. who do not feel “different” ap- ties that should never change. THE GAVEL
OPINION SEPTEMBER 2002
7

By Ed Pekarek once familiar but now hor- NEWS EDITOR rific with tears streaming Heartbreak I’ve been on the verge down. The rain began to of tears more than once be- pour in sheets of almost bib- cause of the atrocities com- lical proportion and I regret- heard over mitted against the United ted not buying an umbrella States one year ago. from one of the many op- cheers A year later, I’m physi- portunistic street vendors. I cally ill and unequivocally began to shoot, not caring By Grant Monachino depressed... It’s the anni- about my camera being CONTRIBUTING WRITER versary of this generation’s drenched, only occasionally Once again, Cleveland Kennedy and King assassi- wiping off the moisture with fans are treated to a dose of nations. It is a day that my shirt and used the fast- the reality of being a fan in this most, if not all, can vividly est film I had to overcome city. For those of you who: recall down to most minute my chilled and trembling don’t care about sports; Cleve- of details. It is the most hands. land teams; have given up on shocking and horrific mo- I have been to New York Cleveland teams, or; live un- ment of our young lives. many times and know der a rock, the Browns season I knew a Morgan Lower Manhattan as well as opener turned into what seems Stanley executive who any visitor from Ohio could. to be par for the course for the schlepped down 90 flights I have stood in the WTC major Cleveland sports teams. in 1993 when Sheik plaza, touched the golden I am not talking about los- Rahman and his thugs deto- sphere and gazed upward in ing, rather, I am referring to

ED PEKAREK-GAVEL nated a rental truck in the amazement. The WTC the expectations the fans have basement of the same complex is immense and for the teams. Whether it is World Trade Center. She once stood at twice the Jordan’s shot over Ehlo, Jose chose early retirement be- Days of height of Cleveland’s larg- “Senor Smoke” Mesa blowing cause in her opinion, “it est monolith. Now, there is the World Series, John Elway would happen again.” She only a mammoth chasm that and his “drives” ending the moved away from Manhat- spans the entire 16 acre site, Browns’ seasons short of a tan altogether to raise her draped with Stars and Super Bowl or more recently, young son in suburbia. Remembrance Stripes and banners that ex- the recent Browns’ game-end- Whether her prescience Events haunt our wounded nation as we find ways to heal press sentiments such as, ing catastrophes that spilled was rooted in some “We will never forget.” over to this season’s opener, Cassandra-like ability or a Two men from Indiana my expectations as a fan have cynicism towards American complacency of invective between Jewish and Muslim approached me and inquired who I was shoot- been crushed. isn’t at issue, but when she first muttered students in Forte’s Islamic Law course. ing for. I told them about the Gavel and about Ask yourself, “is it really the phrase, it may have been something un- Forte said he was going to remove at least SPILO’s sponsoring of the victims from surprising the Browns lost the derstood only by one who had witnessed one of the students from the course for “un- Brooklyn Law School. They each had an way they did to the Chiefs?” such carnage firsthand. professional conduct,” but instead prudently umbrella and demonstrated our new-found Maybe I have become cynical Sept. 11 touched us here intimately. The opted to allow this microcosm to exist with sense of national community as they gra- because the Browns, Cavs and doomed souls of United flight 93 flew over the hope that the philosophical divide be- ciously held them over me as I continued to Indians have yet to capitalize Cleveland’s airspace as the aircraft was pi- tween the factions can be closed. shoot. They later introduced me to a construc- on championship opportuni- rated. The jet made a sharp turn over I went to New York to pay my respects tion worker who allowed me to briefly pass ties. Maybe I have become Sandusky and began its evil course for Wash- and view the devastation this Summer, feel- through the high security fence surrounding pessimistic because unlike cit- ington, D.C. I can only imagine what the ing the pilgrimage was almost a duty. I went “ground zero” and permitted me to shoot from ies with fans used to losing or atmosphere was like as those brave passen- there with a mission to bring back images the sacred ground. It was then that I was able with a championship to find gers turned heroes planned to retake the craft for this publication. My nerves were to capture images of the structural wreckage comfort in, Cleveland teams again over our airspace, ultimately wrestling jangled as I rode the 1 from Midtown to the recovered in the shape of a cross. It seemed a are usually good enough to ex- it to a fiery landing in a Pennsylvania field, Chamber Street station on a foggy and un- fitting symbol for all that has occurred. cite their fans to the extent that instead of an attack on the Capitol or White seasonably chilly day. I walked through the I am dismayed that CSU did not take steps victory seems assured, only to House as was suspected. area with trepidation and a sense of a lack to appropriately acknowledge the atrocities on have cursed luck change the I swelled with pride when the President of familiarity while the skies opened into a this day. Classes are canceled for President seemingly inevitable. later addressed the nation and without warn- downpour. Schwartz’ inauguration, yet not for this day I know I will still watch all ing, C-M Prof. David Forte’s rhetoric on the As I made my way from the memorials of unprecedented national import. It confuses the Browns’ games this year, “hijacking of Islam” came from Bush’s surrounding St. Paul’s Cathedral, the and angers me beyond description. Sept. 11 I will follow the Indians next voice. Even today, tensions between Mus- jangled nerves transitioned to a state bor- must be declared by Congress as a national year (I gave up on the Cavs lims and Jews continue to run high, even at dering mild hysteria and severe nausea. I holiday of remembrance. when Price left) and I will root C-M, where there was recently an incident silently prayed as I approached what was and hope for victory. My out- ward enthusiasm, though, will be tempered by the inner haunting of crushed expecta- Scared by the Socratic and other horror stories tions from past Cleveland sports teams. Until one of The following is the first in a conclusions in such a short time. entire undergraduate career (al- spiracy. It is a known fact that these teams beats the odds, no six-part series following a first However, I am wondering if this though I am not sure if this tells the number of students graduat- loss because a helmet was year C-M student from orienta- is the same experience that I had you more about my attitude dur- ing from law school is far greater taken off, and a 300-pound tion to spring exams. been worrying about for the past ing undergrad or the workload in than the number of law related lineman ran for 40 yards to set Welcome to law school. “For eight months. law school). However, while the jobs available. Could it be that up a chip shot field goal with the next three years, you will I was told, as I am sure most amount of work is high, I do not current students fabricate these no time on the clock, will have no life because, from now other entering students were, that feel it is insurmountable, espe- stories to scare students away come as a shock. on, you will eat, during your first year it is impos- cially with decent time manage- from entering law school, thus Monachino is a 3L. breathe and sleep 1L sible to do anything but school- ment skills. This being said, I ensuring themselves of a better with nothing on work because of the vast am sure this will all change once chance of obtaining a job in the your mind but First amounts of reading and prepar- finals start to creep closer. future? school.” Year Life ing that must be done. However, The other aspect of law Hopefully, I will have the This theme had Part I the amount of homework is not school that I had heard about was same been pounded into nearly as bad as I had been told. the Socratic method. I am sure thoughts my head by anyone I talked to Because of this, I sometimes find that most entering law students about my about my intention to attend law myself scared that I am not do- heard the horror stories about this experi- school. It was further reinforced ing enough work. Believe it or unique way of teaching. I am ence the during orientation week when we not, I am actually able to do still waiting for this method to next time were told that nights in the li- things other than homework, rear its ugly head. I hope that it this col- brary until 2 a.m. (isn’t it only finding plenty of time to do other does not happen, but I am pretty umn open until 11 p.m.?) would be things, such as going to the bars sure that professors are just comes commonplace. with friends. warming up, and that this due. Un- Now, here I am almost five Don’t get me wrong. There method will soon embarrass til then, weeks into my new life. Al- is plenty of work. I have prob- even the most prepared students. keep though I know that it is still early, ably done more work in the past I am convinced that these sto- reading and I do not want to draw any five weeks than I had done in my ries are a well-planned con- and relax. THE GAVEL
PHOTO GALLERY SEPTEMBER 2002
8 NYC Photo Gallery Counter-Clockwise from top left -- 1. Airport security remains a question, 2. WTC recovery workers have forged ahead despite the elements 24/7 (the DuetscheBanc building in background still held victims’ bodies), 3. A memorial photograph at the Brooklyn Promenade shows the gaping hole left in the Manhattan skyline, 4. Recovery workers return to the western side of the WTC site, 5. NY news crew conducts an interview from the Promenade, 6. Mourners pay their respects at the northern side of the site - the “NEVER FORGET” banner is attached to the eastern edge of the site (left), 7. The depth of the chasm is illustrated in this view of the southern side of the site, 8. The unexpected memorial at the center of the site, support members recovered from the wreckage stand prominent in the downpour.

Guilt is unnecessary and counter-productive. Our resistance to change should be celebrated as our resiliency as a nation.

The most potent weapon we have against our enemies that feed on fear and strike with terror is our strength.

Photos by Ed Pekarek.