Georgetown Law Weekly

The Student Newspaper of Georgetown University Law Center in Washington, D.C. “Uninhibited, robust, and wide-open” VOLUME 43 TUESDAY, OCT. 17 TO MONDAY, OCT.23, 2006 NUMBER 6 SBA reports Wilson wins tough Leahy competition by Brian Corcoran, 1L on food Law Weekly On Thursday night, around forty students gathered to watch the fiery service give-and-take of the final round of the by Benjamin Rubinstein, 2L 37th Annual William E. Leahy Moot Law Weekly Court Competition. Run by the Barristers' Council, the competition was The Student Bar Association (SBA)'s open to all upper-class students at ad-hoc Food Committee has released a Georgetown Law. report in response to student comments Marquest Meeks, the Barristers' about the food service at the Law Center. Council Director for Appellate The report, a draft copy of which was Advocacy, introduced the advocates obtained by the Law Weekly, summarizes and the judges. This year, John Van student comments collected up until last Etten, 2L, Kendrick Wilson, 2L, Jake week and lays out suggestions for Snow, 3L, and Mike Mancini, 2L, were improvement. the four talented and lucky advocates The ad-hoc committee consists of who made it to the final round of the five current SBA members: Dane competition. Over eighty students Christiansen, 3L, Kristin Detwiler, 2L, signed up for the competition, but attri- photo by Brian Corcoran, 1L Jared Joyceschleimer, 3L, Lisa Keels, 3L, tion was high and the work intense. The judges did not go easy on the competitors Thursday night in Hart and Keavney Klein, 3E. Keels, the chair In the competition, students are of the committee, said "We wrote the given a closed packet of materials and The knotty case revolves around Massachusetts) and environmental report because we had heard that there are assigned to either the Petitioner's or the statutory interpretation of the Clean groups that asked the EPA to regulate were complaints about the food." the Respondent's side. They pore over Air Act (CAA). The CAA directs the greenhouse gases under this statute, Instead of just relying on what indi- the packet, which was a record-break- Administrator of the Environmental claiming that it lacked jurisdiction and vidual SBA members heard from friends ing 250 pages this year, and submit 12- Protection Agency to regulate motor would choose not to regulate for policy and constituents, they decided to form page appellate briefs. As they move up vehicle emissions of any "air pollutant" reasons in any case. the ad-hoc committee to systematically the ladder, they are evaluated on their which, "in his judgment, causes or con- At the Leahy Competition, the state evaluate student responses to the food written and oral advocacy. At the last tributes to, air pollution which may rea- of Massachusetts became the fictitious changes. The committee set up an email oral advocacy stage on Thursday, they sonably be anticipated to endanger "San Andreas State," but otherwise the address that was posted in the argued the Massachusetts EPA case public health or welfare." The EPA case was as complicated and serious as McDonough atrium lobby and went currently pending before the Supreme denied a 1999 petition brought by a Court. coalition of states (led by See MOOT COURT, page 3 See FOOD SERVICE, page 5 Protesters shut down Gallaudet Joint center by Jennifer Gaspar, 1L Law Weekly designation Police arrested more than 130 stu- dent protesters at Gallaudet announced University over the weekend, follow- ing over a week of heated demonstra- by Sarah Hale, 2L tions that culminated in a blockade of Law Weekly all main entrances to the campus and the cancellation of three days of class- Georgetown University Law es. The protestors, who include Center and the Johns Hopkins Gallaudet students as well as alumni, Bloomberg School of Public Health staff and faculty, oppose the appoint- collaborated in 2000 to form the ment of Jane K. Fernandes as the uni- Center for Law and the Public's versity's new president beginning Health. Earlier this fall the Center next year. was designated a World Health Students began occupying the Organization (WHO) and Pan main classroom building on October American Health Organization 5, reviving demands issued earlier (PAHO) Collaborating Center on this year that Fernandes decline the Public Health Law and Human appointment and that the university's Rights. The designation was formally Board of Trustees reopen the search announced and celebrated last week

to replace outgoing president I. King photo courtesy of Associated Press on the Law Center's campus. Jordan. Student protests shut down Gallaudet University in Northeast last week The designation was bestowed All university operations have joined protesters in enforcing a block- ing students on Friday evening after on the Center in part because of the been halted since Wednesday, when ade of the entrances. Jordan ordered dedication that Georgetown Law and 40 members of the football team the police department to begin arrest- See GALLAUDET, page 5 See CENTER, page 5

Local Fire Engine SBA Candidate Auschwitz Report Entertains Children Statements Reviewed page 3 page 6 page 11 PAGE 2 GEORGETOWN LAW WEEKLY EEVVEENNTTSS TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 BriefsBriefsBriefsBrief Four Sudoku puzzles Fill in the grids so that every row, every column and every BriefsBriefs!BriefsBrief 3x3 box contains the digits 1 through 9 with no repeats.

Bar Review for Home Court! Prayer in Daily Life Retreat

Come down to the Big Hunt on This semester's "Prayer -in-Daily- Thursday, Oct. 12, at 10 p.m., for a bar Life" Retreat will be held here at the review, with proceeds benefiting Law Center from November 5-10. Home Court and the Washington Brochures and applications forms can Legal Clinic for the Homeless. Buy a be obtained at the Campus Ministry wristband and get $3 drafts and $3 rail Office. It is an interreligious retreat drinks! Support a great cause, and and all are welcome to participate. A have a lot of fun! sliding scale for payment can be arranged. Please contact Sr. Dorinda at Ext. 9275 for details. *Deadline for applications is Sukkot with Prof. Chused Monday, Oct. 23.

A last minute reminder of the Shabbat-Sukkot service and dinner this Friday evening at Professor Safety Awareness Class! Chused's home (3712 Ingomar Street, NW, Washington DC). This is a deli- Safety Awareness/Self Defense cious Law Center tradition - "The time Program. This informative class will of our joy." You'll be sorry if you miss address personal security, how to it!(If you need them, directions will be avoid problems, safety in transit and made available.) You can RSVP to sexual assault avoidance. A tactics Michael Goldman, [email protected] demonstration will follow. The pro- town.edu. gram will take place on Oct. 16, at 8:00 p.m. on Gewirz 12th floor OR Oct. 19, at 12:00 p.m. in McDonough Room 202. For more information, contact Virginia Elections Karen at [email protected]. Solution on page 12 The Federalist Society for Law & Public Policy presents Virginia Attorney General Bob McDonnell. He Georgetown Massage Therapy will discuss the myriad issues facing Virginia and other states in the run-up Are your books so heavy that your EJF Silent Auction Break the Fast! to the November elections: emergency back is starting to hurt? If you feeling preparedness, the definition of mar- tired, rundown or maybe just a little Come one, come all! The annual JLSA and MLSA will be co-spon- riage, property rights, crime and more! bit stressed out, come and let your Equal Justice Foundation (EJF) Silent soring a break-fast on Oct. 18 at 6:26 The event will take place on troubles drift away with a relaxing Auction will start after the Keg on the p.m., in the T.V. lounge of Gewirz. Wednesday, Oct. 18 at 4:00 p.m., in massage & or a body treatment. Quad on Wednesday afternoon, Oct. There will be a short discussion on McDonough, Room 205. Kimberly, Kelley and Heather are all 18, and will last through Thursday, fasting in the various religions, and experienced Massage Therapist here Oct. 26. Some of this year's fabulous then lots of eating. RSVP to to help you. To make your appoint- Silent Auction prize packages include: [email protected] if you’re ment stop by the front desk at the (1) Dinner for two at Zola, Chef's interested. Dinner for two at Restaurant Issues in Feminist Theology Sport & Fitness Center or call (202) 662-9294. Kolumbia, (2) Wine Tour of Ingleside Vineyards for six in Virginia, (3) You are invited to attend two dis- Italian lessons at Casa Italiana, (4) cussions on "Feminist Theology" with The Law of Politics AV/ED Flight School - Certificate for a Sister Dorinda Young and Sister Pat flight lesson for you and a friend, (5) Parachini. The first "The Divine Law Students at War The Georgetown Law Journal is Nats Baseball game with Professor Feminine Wisdom" will be on proud to present two panels related to Seidman, (6) an $80 gift certificate for Tuesday, Oct. 17 from 12:00 p.m. to Look beyond what you hear in the the legal regulation of politics. The fancy lingerie from Coup de Foudre, 1:00 p.m. The second will be "Women media - listen to the real experiences of first will cover the controversial topic (7) sweets from Cake Love and (8) a from Jewish and Christian Law Center students who have actual- of whether 527 groups should be sub- $150 bar tab of Gazuza. The Silent Testaments" which will be held on ly participated in the War on Terror. ject to campaign finance regulations, Auction will take place at the tables by Tuesday, Oct. 31 from 12:00 p.m. to On Tuesday, Oct. 24 at 8 p.m. in and the second will cover the Voting the Chapel. 1:00 p.m. Both sessions will be held in McDonough Room 156, the Rights Act and redistricting. The pan- Georgetown Military Law Society will elists include respected scholars and McDonough Room 492. Feel free to bring your lunch and Campus host a panel discussion of current practitioners in the field. We antici- Ministry will provide dessert and bev- Georgetown Law students who either pate a considerable turnout of profes- erages. All are welcome. directly participated in or supported EJF Bar Review sionals, including individuals from the combat operations prior to coming to FEC and various nonprofit organiza- law school. Panelists include: a Marine Come join the members of the tions. Students wishing to attend may Corps heavy machine gunner decorat- Georgetown Law Equal Justice email [email protected] to Foundation (EJF) at their bar review at reserve a seat or plan to arrive shortly Interfaith Relationship? ed for his actions in the invasion of Iraq; a helicopter pilot who both par- Madam's Organ in Adams Morgan before 3:30 p.m. on Wednesday. (2461 18th Street, NW, Intersection of Join the campus ministers on Oct. ticipated in the Iraqi invasion and Calvert, Columbia & 18th) as they cel- 26 for a discussion on navigating the delivered food, water and medical ebrate the kick-off of the 2006 Auction waters of interreligious/interfaith supplies to those in need following the season. The bar review will be held relationships: the questions, the chal- 2004 tsunami and several others with EJF Keg on the Quad this Thursday evening, Oct. 19, from lenges. The discussion will take place impressive military experience. Come 9:30 p.m. until close. Drink specials from 12:30 p.m. to 1:30 p.m. in Hotung find out about the amazing experi- On Wednesday, Oct. 18, begin- throughout the evening. Proceeds ben- Room 6006. Please feel free to bring ences of your classmates. Pizza and ning at 3:30 p.m., the Equal Justice efit your fellow Georgetown Law stu- your lunch and Campus Ministry will beverages will be served. Foundation (EJF) will be sponsoring a dents who will be working in unpaid provide desserts and beverages. All Keg on the Quad on Tower Green. The or under-funded public interest posi- are welcome. rain location is slated for Courtside. tions next summer. Come help us kick off the start of our 2006 Auction season! Snacks and non- alcoholic beverages will be served. TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 NNEEWWSS GEORGETOWN LAW WEEKLY PAGE 3 SBA holds busy meeting D.C.F.D. visits children by Prashina Gagoomal, 1L comments in a suggestion box or to by Sean Byrne, 3L that fire engines carry water, while fire Law Weekly speak directly to Bon Appetit Law Weekly trucks carry the ladders used by fire- General Manager Kimberly Triplett. fighters to access roofs and floors above The Student Bar Association With respect to the upcoming October is Fire Safety Month and the flames and cut ventilation holes. (SBA)'s meeting on Tuesday, SBA elections, the Elections this year's installment brought with it a Engines like #3 carry 500-750 gallons of October 12, touched on several piv- Committee revealed that 49 people special visit for the children of water, enough to power one hose for 4 otal issues: food, elections and com- filed to run for delegate positions as Georgetown Law's Child Care Center. minutes before plugging into a fire munication. of this past Thursday. James Dubois, Partnering off in twos and threes hydrant. The Food Service Committee a committee co-chair, commented and finding a place on their oft-used Dickey also explained that the stan- announced that it has compiled the that "We were glad to see such a rope, the young students set off to make dard D.C. fire response includes five student body's concerns regarding high level of interest in SBA among the long journey across Tower Green to engines, two trucks, and one heavy duty dining options into a comprehensive the first-year and LL.M. students." meet D.C. Fire Department's Engine #3. rescue unit to look for persons trapped report. It will submit this report to Voting will begin at 12:01 a.m. on Headed by Capt. Roy Brinkley, a 20- in the building. the Food and Fitness Committee and Wednesday, Oct. 18 and close at year veteran of the force, four members Since lawyers are always talking expects a response shortly. 11:59 p.m. on Oct. 19. Students may of the platoon demonstrated the tools about 'putting out fires', has Capt. April Nicholson from Campus vote by visiting www.law.george- and methods they use when they Brinkley considered a future career in Ministry spoke directly to the food town.edu/sbaelections. In addition to respond to the District's calls of distress the law? Capt. Brinkley answered, "Hey, situation at the meeting. She said casting votes for declared candi- from their location on New Jersey Ave., five more years here and I'm done." that Bon Appetit, the contracting dates, they may also write in candi- just two blocks southeast of the Law When asked what their favorite part company providing food service at dates. Center. of the fire engine was, three children pre- the Law Center, is open to sugges- As for communications, the SBA Rookie Mike Ramirez donned his ferred the ladder (which was just a nor- tions of what people would like. passed a resolution requesting the gear just as he would if actually prepar- mal looking one, as this was an engine However, it also wants to ensure administration to develop a formal ing to enter a blaze, all the while explain- company, not a truck company), one that students are willing to pay for system by which SBA representa- ing to the children how each piece of child liked the driver, another voted for what they want, lest it orders tives can communicate with the stu- gear keeps him safe. Ramirez also gave "the inside," while one young gentleman healthy options and no one actually dent body. It calls, in more specific the children tours of the fire engine itself, answered, "I have a little fire truck at purchases them. terms, for "a courseware site broken pointing out such facts as the two hoses home." According to Nicholson, Bon out by class year [to] permit repre- it carries add up to 1600 feet in length - Child Care Center Director Donna Appetit acknowledges that finding a sentatives to email their con- almost a third of a mile. Dickerson explained that such visits happy medium between healthy stituents." Devised by Macani Seven-year veteran Kevin Pringle demonstrate her belief that education and unhealthy food has been a prob- Toungara, 2L, the proposal intends seemed content to smile and laugh while should focus on "strengthen[ing] the nat- lem in the past, but notes that to rectify a past problem the repre- watching Ramirez try to handle all the ural curiosity and desire to know more change is in the works. For one, Bon sentatives encountered: every year, youngsters. [and] creating lifetime learners." Appetit has decided to bring back they would have to manually go Technician M.K. Dickey explained the full menu to Courtside Café in through the Student Facebook in the Fitness Center. It also order to compile a distribution list announced that it will resume "Taco for SBA announcements. Tuesdays" and "Salad Thursdays" in The upcoming week promises to Market Café, much to the delight of be a busy one for the SBA with elec- many 2Ls and 3Ls who missed the tions promising to keep members of tradition. the student government busy. After Nicholson advised students to elections the parliamentary body "give them [Bon Appetit] a chance will look forward to welcoming its before voting them out." newest members at its next meeting. Specifically, she urged those with suggestions to either place their photo by Marika Maris, 3L The fire department’s visit fanned the intellectual flames of the children Hot bench grills Leahy competitors on EPA case plain language of the statute, the EPA sion not to regulate was completely law- ments by stating that, "While it is cus- MOOT COURT from page 1 was required to make a decision to reg- ful. Bookbinder badgered the EPA on tomary to say that the advocates are ever. Advocates had to argue two ulate to protect public health. He was their refusal to even simply state, "We every bit as good as the lawyers in the points: whether the CAA empowered immediately asked by Stewart whether don't want to make a decision on this." real case, I would also like to add that the EPA to regulate greenhouse gases, the regulation was mandatory or discre- Mancini countered that the EPA was this panel was a tough one - as nasty and and whether the EPA lawfully exercised tionary, and by Stein on the issue of perfectly within its rights to avoid the irascible a panel of judges as you'll see." its discretion when it denied the petition institutional competence. In his twelve issue altogether. Without good and He applauded the advocates for their to regulate. minutes, however, he stuck to his guns, unequivocal science, he claimed, the aplomb and calm under heavy fire, and As if that task weren't difficult declaring the eighteen pages of public EPA had no obligation to regulate, or thanked them for "always trying to enough, the judges this year were policy arguments made by the EPA even to begin the two-stage process of respond to the actual question we among the top of their profession. David unlawful. making a decision either way. Pedersen asked." Bookbinder is Senior Counsel for the Jake Snow argued for the respon- and Bookbinder together forced All four judges emphasized the dif- Sierra Club, and is drafting the petition- dent, plainly denying that carbon diox- Mancini to admit that the EPA accepts ficulty of statutory argument, and noted er's brief. Bill Pedersen is the Former ide is an air pollutant under the statute, that carbon dioxide may be a reasonable that advocates were at their best when Deputy Counsel for the EPA, and the and thus that the EPA lacks the power to danger to health or welfare, but he they brought in policy or intent solely to Honorable Kathie Stein is a judge on the regulate it. Pedersen accused him of refused to stand down from his argu- back up something found in the plain EPA Environmental Appeals Board. avoiding the issue, saying, "I'm giving ment that the EPA could lawfully put off language of the statute. Pedersen Malcolm Stewart, Assistant to the you points for ingenuity, but I think the decision until conclusive science advised all those present to read Scalia Solicitor General, is currently drawing you're trying to sneak in a policy argu- appears. and Breyer to learn about how to really up the government's brief in the case. ment underneath your definition argu- While the judges deliberated, pick apart a statutory matrix, which is John Van Etten began the competi- ment." Snow took the criticism in stride, Meeks led rounds of applause for the one of the hardest things to teach in law tion by arguing that the CAA empowers and rebounded with one of the more tired combatants and welcomed the school. "Taking yourself out of the realm the EPA to regulate greenhouse gases. amusing analogies of the night. audience to a reception after the deci- of statutory words and entering the He was soon interrupted by all four He closed with "the French wine sion. The decision itself came surprising- realm of discretion is terribly difficult," judges, who grilled him on his com- argument": that if you are asked to bring ly swiftly. noted Bookbinder in his concluding mand of statutory language and a French wine to a party, a fine Stein congratulated all four for their statement. demanded that he accept that a broad California Cabernet simply will not do excellent advocacy and their hard work, All four judges were delighted with definition empowers the EPA to act or just because "cabernet" has its origins in but gave the most important prize of the the way the advocates had wrestled not act as they choose. David France. In the same way, he claimed, the night to Kendrick Wilson for his excel- with this incredibly thorny case. The Bookbinder, as Van Etten's time ran out, category of air pollutant is limited by the lent presentation and his constant focus audience was also pleased: not only did asked, tongue in cheek, whether Van preceding clause, irrespective of later on the plain language of the statute. they get to witness the impressive cul- Etten's argument "logically demands examples. Whether the judges thought Wilson will have his name inscribed on mination of weeks of work by the best that the EPA also starts regulating the the argument valid or not, they certainly the Roll of Best Advocates on permanent advocates at the Law Center, but they carbon dioxide produced by the driver." appreciated its novelty, laughing from display outside the Hart Auditorium. also got to discuss the argument after- The judges were no easier on the bench. Mike Mancini received an award for wards with the principal players over an Kendrick Wilson during his time in the Mike Mancini closed for the writing the Best Brief in the competition. excellent spread and to congratulate the hot seat. Wilson argued that, under the respondent, arguing that the EPA's deci- Stewart led off the judges' com- advocates on their fine performances. PAGE 4 GEORGETOWN LAW WEEKLY NNEEWWSS TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 Keg to Wolitz helps first-years gain “cite” by Tiphanie Miller, 2L Professor Wolitz was the attorney Regulatory and Policy Issues, which kickoff EJF Law Weekly responsible for dealing with certain discussed policy and regulatory violations of the Export responses to the use of electronic Georgetown Law, with its 102 Administration Regulations, includ- communications technologies by auction full-time faculty members, has the ing the attempted export of two transnational communities in largest faculty of any law school in thermal imaging cameras without a Europe. the United States. Professor David license. After graduating from Yale Law by Mike Kotlarczyk, 2L Wolitz has joined these illustrious Professor Wolitz received his School, Professor Wolitz worked as Guest Writer ranks this year, as one of five new law degree from Yale Law School in an attorney for the San Fransisco professors added to the Law 2001, and has previously received a office of Morrison & Foerster LLP. There are many kegs on the Center's faculty, where he has bachelor's degree in Ethics in Society While the firm now has returned to a quad during the course of a year already begun teaching Legal from Stanford University in 1997, more conservative image, in the late at the Law Center, but few gener- Research and Writing to first-year where he wrote a thesis entitled, seventies, it adopted MoFo as its ate the excitement that the Equal students in Section Four. "Native Hawaiian National Self- official abbreviation, which remains Justice Foundation's (EJF) silent Before arriving at the Law Determination." While a junior at the name used in the firm's URL. auction kickoff does. Center this year, Professor Wolitz Stanford, he co-founded, along with After aggressive advertising with This Wednesday at 3:30 p.m., served as an attorney in the United Grace Wang, a student organization the new nickname in the late EJF will start their largest fund- States Department of Commerce, dedicated to students at the school nineties, it gained further notoriety raising push of the fall by hosting where he specialized in analyzing from his native Texas. While a law when it was included in one of Jay a keg on the quad. In addition to the anti-proliferation controls put student at Yale, Professor Wolitz Leno's bits on the Tonight Show, free beer and snacks, people will into place by the Bureau of Industry served as a legal clerk during the when Leno claimed that clients have the opportunity to begin bid- and Security. Just last summer, summer of 1999 with the Center for could ask that someone "Get me my ding on items being offered at the Democracy and Technology, a non- MoFo lawyer!" silent auction. profit public policy think tank that While an attorney for Morrison This year's items being auc- has dedicated itself to promoting the & Foerster, Professor Wolitz tioned include dinner for two at "democratic potential of today's received the Blakmore Freeman Zola, a wine tour of Ingleside open, decentralized global Internet." Fellowship, and from 2003-2004 he Vineyards for six in Virginia, a In 2001, an article of his regarding attended the Interuniversity Center flight lesson for two people at "Open Access and the First for Japanese Studies in Yokohama, AV/ED Flight School, an $80 gift Amendment: A Critique of Comcast Japan. While a Blakemore-Freeman certificate for lingerie from Coup Cablevision of Broward County, Inc. v. Fellow there, Professor Wolitz stud- de Forde, Italian lessons at Casa Broward County," was published in ied Japanese and researched various Italiana, a Washington Nationals third volume of the Yale Journal of proposals on improving and amend- baseball game with Professor Law and Technology, and has been ing the Japanese constitution. Seidman and a $150 bar tab at cited in several subsequent appellate Professor Wolitz's current Gazuza. court briefs. research focuses on legal discourse EJF is an organization dedicat- Professor Wolitz has also served analysis, national security law, and ed to providing funding to as the deputy director of the comparative jurisprudence. In addi- Georgetown law students who Programme in Comparative Media tion to teaching Legal Research and take an unpaid public interest job Law and Policy at Oxford Writing, Professor Wolitz is also during the summer. Although the photo courtesy of Georgetown University Law Center University. While serving as deputy leading a Law Fellow Seminar this organization primarily funds the Professor Wolitz brings a wealth of director, Professor Wolitz was made semester. summers of rising 2Ls, 3Ls taking experience to the halls of McDonough the chair of a Working Group on unpaid internships also are eligi- ble to apply for funding. Last year, under the leadership of Stacia Cardille, 3L, who still heads Pig Out! the organization, EJF for the first time was able to fund every stu- dent who applied. The items that will be bid on in both the silent auction and the upcoming live auction are solicit- ed by last year's recipients of EJF funds. Over the past few weeks, last year's recipients made phone calls, visited contributing busi- nesses, and asked professors for contributions in order to help pro- vide the funding for next year's recipients of EJF money. Additionally, in the spring, all those who are seeking funding from EJF for the 2007 summer will need to contribute their time and efforts to another round of fundraising. The silent auction commenc- ing on Wednesday will continue until Thursday, October 26, which is the date of EJF's live auction. Always one of the most lively and exciting events on campus each year, this year's live auction will have a 70's theme. The event will feature several dozen items up for bid, as well as beer runners to pro- vide continuous refreshments to those in attendance. In addition to the keg on the quad, EJF is hosting a bar review this Thursday at Madam's Organ beginning at 9:30 p.m.

photo by Marika Maris, 3L Students had a beautiful fall day to enjoy La Alianza’s pig roast on the library quad Friday TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 NNEEWWSS GEORGETOWN LAW WEEKLY PAGE 5 Food service feels heat Designation celebrated ensure restocking. The report also noted Panelists included David P. Fidler, a FOOD SERVICE from page 1 CENTER from page 1 that staff member unfriendliness and professor at Indiana University through student emails to figure out incompetence should be well-addressed the Johns Hopkins Bloomberg School School of Law and a Senior Scholar at what the real complaints were. by Bon Appetit (the food services con- of Public Health have shown to the the Center for Law and the Public's Keels noted that many of the stu- tractor) training. It also recommended issues of public health and human Health, Javier Vasquez, a human dent complaints clashed with each other: more restocking of refrigerator items rights in the international realm. The rights specialist at Pan American students wanted better quality food but and that courtside stay open to its post- conference last Friday announcing Health Organization, and Scott wanted cheaper prices. Nevertheless, ed closing time. Finally it recommended the designation was held in the Eric Burris, a professor at Temple the committee was able to identify sev- the creation of a convenience store E. Hotung International Law University Law School and an eral genuine problems, which were sort- where Eat Justice used to be. Building, a recent addition to the Law Associate Director at the Center for ed out and summarized in the eight- The quality section is perhaps the Center and yet another sign of the Law and the Public's Health. The dis- page report. most important health-wise to students, international focus at Georgetown. cussion was moderated by James G. The report deals with student com- and it noted that a student and staff The Johns Hopkins Bloomberg School Hodge, Jr., executive director of the plaints in three sections, breaking them member recently became ill after eating of Public Health is similarly devoted Center for Law and the Public's into qualms about selection, service, and the same item from the salad bar. It rec- to international health issues and has Health. quality. The selection section was by far ommended changes across the board, attained global recognition as a Last week's conference brought the lengthiest in the report, occupying from colder refrigeration to warmer leader among academic institutions together experts in the fields of public some 3.5 pages. It dealt with a number of pizza trays, but closed by noting that in the area of international health health and human rights and was a significant requests, including expanded many of the complaints received were issues. fitting launch for the designation of options for evening students and for directly refuted by praise. The guests and speakers at last the Center as a World Health those who live on or come to campus on The report concludes by noting that week's conference included Organization and Pan American the weekends, new types of foods, and there were many student compliments Georgetown Law Center Dean Heath Organization Collaborating more healthy and pre-packaged options. for the food services, and summed those Alexander Aleinikoff, who described Center on Public Health Law and The report also noted that students up. It praised Bon Appetit for respond- the designation as, "a capstone for the Human Rights. wanted to see a greater variety of choic- ing to previous student concerns and Center; reflecting the critical impor- es in the vending machines as well as noted the need for ongoing dialogue. tance of global health, transnational more sandwiches, soups, salads, and Dialogue will likely be just fine for law, governance, and human rights at pizzas. It further noted nostalgia stu- Bon Appetit, which Keels thought Georgetown University." Also pres- dents have expressed for formerly avail- "made it pretty clear that they're willing ent at the conference were Pan able products, including Italian panini to listen to the students' needs." To that American Heath Organization and chicken tenders at Courtside. end, committee member Keavney Klein Director Mirta Roses Periago, and Students also wanted their "Taco presented a summary of the report to the Johns Hopkins Center for Public Tuesday" back, a request that was student-administration Food and Health and Human Rights Director recently granted. Fitness Committee last week, and a full Chris Beyrer. The formal announce- The service section of the report was copy of the final report will be presented ment of the designation was made by broken down by problem and had spe- this week. the Center for Law and the Public's cific recommendations for each problem. Committee member Jared Health Directors Lawrence O. Gostin It noted slow service during peak times Joyceschleimer liked what he heard and Stephen P. Teret. and suggested adding staff during those from students, noting, "I think we got a After the formal announcement hours. The section further recommend- lot of good ideas." He thought he under- and a luncheon address by Mr. ed keeping Market Café open later, with stood students' desire for a prompt Beyrer, a panel of experts discussed a variety of food available, for evening response, pointing out, "We'll go the possibility of improvements in students. Complaints about vending through and we'll find out what we can public health through innovations in machine stocking were met with a rec- have done quickly." international legal reforms, health photo courtesy of medadvocates.org ommendation to work with vendors to governance and human rights. Dean Gostin is director of the Center Dispute over incoming President freezes Gallaudet

GALLAUDET from page 1 deaf who are raised orally and those University's various constituencies. ed to a number of student demands, who speak ASL as their first language, She has made arrogant and inflamma- including offering students a chance to several attempts at negotiations failed. and recent technological break- tory statements that have been widely participate in the search for a new Located in Northeast D.C., throughs have increased the separa- reported in the news media." provost and conducting external Gallaudet University is the only liber- tion. Cochlear implants, devices that Protestors have also accused the investigations into both the search al arts school in the country exclusive- when connected to the auditory nerve trustees' selection process of not fully process and allegations of excessive ly designed to serve the deaf and hear- can give deaf people the ability to considering all qualified candidates force by police officers against protest- ing impaired. It was founded in 1864 process sounds, have resulted in many and of being marred by racism. ers, students have continued to issue and has a student body of approxi- children born deaf being raised as In 1988, Gallaudet student statements insisting that protests will mately 1200 undergraduate and 500 hearing. While some have embraced protests succeeded in overturning the go on until Fernandes resigns and the graduate students. The university also these technological changes, others see Board of Trustees' selection of a non- search for a new president is operates a primary and secondary them as threatening to the future of deaf president and resulted in Jordan's reopened. School officials have insist- school for deaf children as well as an deaf culture. appointment as the university's first ed that these are the only two points audiology clinic. Many protesters have objected to deaf president. The protests were con- on which they are not willing to nego- Gallaudet maintains an important, the cultural characterization of their sidered a key turning point in the civil tiate with the students. unofficial role as a cultural and social grievances. They say that they oppose rights movement for the deaf. The main entrance to the campus center of the deaf community. It has Fernandes because she is a weak Following his appointment, was reopened on Saturday following come to symbolize the achievements leader who has been out of touch with Jordan became a major advocate for the arrests. Jordan issued a statement and opportunities afforded to deaf students during her time as provost. federal disability rights legislation that announcing that classes would resume people throughout the world. They have cited trends at the universi- required universities to provide sign on Monday. He said, "We need to Fernandes has served as ty including low graduation rates, language interpreters to deaf students, accept our next president, Jane Gallaudet University Provost for the poor academic standards, and a development that has contributed to Fernandes, and help her as she leads past 11 years. She was born deaf but decreased enrollment as requiring decreased enrollment rates at this university we love to new heights. was raised orally (speaking and read- more effective leadership. The Gallaudet since 1988. Encourage your sense of fair play to ing lips), and did not learn American Gallaudet student body president said The tactics of the student protest- surface and give Jane Fernandes the Sign Language until she was 23. in a public statement, "The choice of ers this week have been met with respect that is due her and the oppor- Although she later became a scholar of president will reflect on the whole extensive criticism. The Washington tunity to bring us all together in pur- ASL, protestors have cited this fact as deaf community and [Fernandes] is Post wrote in an editorial last Tuesday, suit of academic excellence." indicative of her unsuitability for the not an effective leader." "Gallaudet officials, to their credit, Protest organizers have urged stu- position. NPR reporter Joseph Shapiro A press release from the Gallaudet sought a peaceful end to the stalemate. dents not to return to class this week. quoted one student protester as say- University Faculty, Student, Staff, and But to every overture, students Although campus gates have been ing, "It's time we have a president who Alumni organization that has formed changed their demands, reneged on opened, demonstrators remained con- does not speak." in response to the crisis, said, "Dr. deals and, in the end, essentially dared gregated near school entrances The crisis at Gallaudet has been Fernandes has shown not one iota of the university to arrest them. This has throughout the weekend, insisting seen as reflective of growing tension leadership. In fact, she has shown an been the pattern since demonstrations that they will remain until Ferndandes the within deaf community. There has appalling lack of understanding of the began in the spring." steps down. long been a divide between those born issues that concern Gallaudet While university officials conced- PAGE 6 GEORGETOWN LAW WEEKLY SSBBAA EELLEECCTTIIOONNSS TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 SBA Fall Elections: Candidate Statements The Student Bar Association solicited Hello Section 2. Here's what I ing a long track-record of leadership candidate statements from those students bring to the table: I served on the stu- and community service. I managed the Dan Palugyai running for SBA office this term. All state- dent government at Pomona College budget and appropriations for all Dear Colleagues, ments received by the Law Weekly are for four years, including as chair of the organizations and executed initiatives I would by honored to have your printed below. The Law Weekly publish- Budget Committee, which allocates on political activism, environmental vote to represent Section 7 in the es SBA candidate statements as a service to $30k among our campus organiza- accountability, social justice, and tech- Student Bar Association. Please take a the Law Center community. Publication is tions, and as Campus Events nology development. I enjoy taking an moment to vote on either Wednesday, not an endorsement of any candidate. Commissioner, which chairs the entire active role in improving my communi- October 18th, or Thursday, October Candidates were cut off after 100 words, Executive Committee, consisting of 15 ty. As your representative, I will fight 19th. I will always be available to hear and have been left unedited. sub-committees and 100 students. I'd for your interests with energy, creativ- you out and voice our concerns. also like to think of myself as an out- ity, and passion always having an Please email me at [email protected] Section One Delegate Candidates: going and approachable person that open ear to hear your concerns. town.edu with any questions. Thank could effectively serve as a liaison you. David Wang between our section and the SBA. I Michael Ellis Sincerely, 1Ls are a lot like manatees. Both hope to continue my participation in Fellow Section 3'ers, as you weigh Dan Palugyai groups are large aquatic mammals that student government at Georgetown, your choices for section representa- enjoy seaweed. Like the majestic man- and would love the opportunity to be tives this October, I urge you to con- Nicky McMillan atee, 1Ls want SBA to building a your delegate. sider that only one candidate promises Hello, I'm Nicky. Though a 1E, I've strong school community. I am the more democracy, less coercion and a worked at the Law Center for over a most manatee like candidate for Leon Skornicki disdain for institutional elitism. But year in the admissions office, and have Section1. Not only do I have regal I'm running to improve our 1L since Professor Peller isn't eligible for found that fellow administrators are whiskers and a luxurious layer of insu- experience as much as possible . First, I the position, I'll do my best to fill those helpless against requests made in my lating blubber, I, like manatees, believe want to bring our section's ideas for shoes if elected. At the very least British accent. that the SBA should better coordinate events, etc to fruition through SBA. I though, I will export a little of the Having been at the Law Center resident and off-campus student social don't have far-fetched goals, just a Section 3 vibe to the SBA. Regardless nearly 10 times as long as most other activities, decrease scheduling con- desire to truly represent and liaise of which way your vote swings, come evening students, I have had the flicts for club events, increase bonding between our section and the SBA. I and join us this Friday at Billy's Goat chance to learn how it works, befriend between law students and undergrads, also propose to undertake (at least) for a special Happy Hour! and extract the wisdom of many 2Ls and continue working to build a true one initiative: to lobby the Law Center and 3Ls, and fully and accurately cata- community at GULC. Vote David, Liz, to create a digitized system to record Brian Dugdale log the variety of beers served on the Mike, Andy, Matt and Dan! lectures in case of excused absences. Want More? Quad. A vote for me is a vote for free- The current system is unreliable, Hello Section 3. Our section has dom, liberty, and keg events after 8pm. Kristen Henderson impractical and outdated. Imagine demonstrated high expectations for Hi everyone in section 1. My name Prof. Lazarus' lectures in an Ipod. itself. I've loved the experience of Nicholas M. A. Smith is Kristen Henderson and I'm running Many more ideas, only had 100 identifying with a group of self-moti- I hope to serve the unique individ- for SBA delegate. I wanted to quickly words…ask me after lecture…oh, I cer- vated people who are invested in the uals of Section 7, the hardest working introduce myself and let you know tainly community. Some in our section have students I have known. I work at the why I'm running. My main motivation formed new student associations to Institute of International Economic is to give our section a voice at Mayer Grashin serve students and the surrounding Law and just completed an MA in Georgetown Law. The 1Ls in general Mayer thinks you're good enough, community. These and other groups International Relations at Johns have many new ideas and I want to you're smart enough, and gosh darn it, need SBA's assistance. If you give me Hopkins. Previously, I worked at make sure the entire school can hear people like you. He also thinks you the opportunity, I will do my best to Peace Corps headquarters following them. I will do my best to bring your look fabulous in that shirt. help you achieve your own high three years of service as a Volunteer in issues to SBA and to create a better expectations. Got an issue? We'll sit Côte d'Ivoire. I graduated from learning and social environment. Tom Duncombe down for coffee or a drink and talk Hampshire College in 1998, and speak Thank you for listening and if you Hey Guys. My name's Tom about it. Please join the Facebook French and a little Arabic. I was born have any questions please contact me Duncombe. Here's what I want to do group "Expect More." and vote for in the District, but grew up in Sudan, at [email protected]. for you: I want to increase the hours at Brian Dugdale. Pakistan and other odd spots. I look the Courtside Café, and I want to make forward to using my background to Section Two Delegate Candidates: it so you can get a decent cup of coffee Anya Prince improve your law school and DC on campus after 8 PM. I'm currently I am running for SBA because I experience. Kathryn Pittman working on the Committee to plan the would be excited to represent your My name is Kathryn Pittman and I Section 2 service project for November thoughts and concerns to the law cen- Philippe Danielides am running for the position of SBA (going to be awesome, btw), and from ter. I love the idea of going to a large Overwhelmed by the abundance delegate for Section 2. I am running what I saw at the SBA's meeting on school because there are always more of free time I had as a corporate para- for SBA delegate for many reasons, the October 10th, I'd like to work to make people to meet. I also know that it is legal in my years preceding most important being that I want to be the SBA more service-oriented. I want important that our voices don't get lost Georgetown, I founded a cultural and a part of enacting change for students to get some inexpensive alcohol up in among the crowds. I would be hon- professional organization - the Georgetown Law. Students have here more often. Holla if ored to be one of those people to make Hellenic Professional Association. voiced concerns to me about library sure that each and every person has a Maybe you've heard of us. No?? hours and other issues that I will be Shaleia Threadcraft say. And don't worry, as a young sis- Anyway... Over two years, HPA, happy and honored to share with SBA Section 2: ter with two older brothers, I am well which had both social and public should I be elected. My main motiva- I've already had the opportunity to trained at kicking and screaming until advocacy aspects, grew to over 400 tion is to allow our section and the 1L meet many of you, and I am excited my opinions are heard. people. As president, I learned several population to have a voice in the stu- about getting to know everyone over Thanks! important things. First, a 400-person dent government at Georgetown Law. the next three years. For those of you organization can secure extremely If elected, I will do who may not know me, my name is Section Four Delegate Candidates: favorable happy hour specials, but Shaleia, and I would like the opportu- more importantly, that I love to advo- Liz Schultz nity to represent Section 2 as a delegate Matt Brown cate and organize on behalf of others. Liz recently graduated with a dou- to SBA. Here we are six weeks into our Matt Brown, from Rockville, I'd sincerely appreciate the opportuni- ble major in Finance and International infamous 1L experience and our "wel- Maryland, is running for Section 4 SBA ty to continue to do so for Lucky 7. Business from Georgetown University. come to law school" period is coming delegate. He attended the University Born in Bangkok, Liz lived abroad in to a close. It's now time for us to take of Iowa, where he graduated with hon- Kevin Scott Indonesia for ten years before coming some initiative in shaping Georgetown ors in sociology and a minor in busi- As with all evening students, I to beautiful Washington DC for high to the individual needs of the class of ness. His previous volunteer work have to balance work and family life school, and has been unable to leave 2009. Even though we've includes an internship at the juvenile with the rigors of evening education. I since! A conscientious and dedicated court in Iowa City, and The UI Dance want to ensure that Section 7 has the law student, Liz pursues all endeavors Section Three Delegate Candidates: Marathon, where he raised money for opportunity to share in all that with diligence and vigor, realizing the pediatric cancer patients. He enjoys Georgetown Law offers. challenge and value of harmonizing Michelle Mitchell baseball, football, Trivial Pursuit, and the academic with the extracurricular. Vote M&M - Michelle Mitchell for beer. He supports the SBA candidacies Please see page 7 for more Gregarious and attentive, she is excit- Section 3 - 1L Representative! A of David Wang (§1), Liz Schultz (§2), SBA Candidate Statements ed to meld her already extensive Proven Leader - The Experienced Michael Ellis (§3), Ande Durojaiye knowledge of DC with suggestions Choice (§4), and Dan Palugyai (§7). from our class to ensure a great 1L Elect a strong, experienced advo- year! Liz also supports the SBA candi- cate to be your voice in the SBA! At dacies of Trinity University, I was an effective Sara Sherrod Student Government President, hold- Section Seven Delegate Candidates: TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 NNEEWWSS GEORGETOWN LAW WEEKLY PAGE 7 SBA Candidate Statements, cont. Bowling LL.M. Delegate Candidates: lawyers during our studies at The Student Bar Association (SBA) Georgetown since, unfortunately, our club rolls Sixto Sonzini-Astudillo represents all students of the Law stay here is very short and we have to Center community, so it is very impor- take utmost advantage of our time My name is Sixto Sonzini- tant for all of us. My intention as a here. If you elect into new Astudillo, an LL.M. student from LLM delegate is to implement activi- Argentina, and it would be an honor ties that will make better our lives at Roy Cho for me to devote my time to represent Georgetown Law as the most of us year LL.M. students' interests in the spend the major part of our days here. For those of you who I haven't Student Bar Association, as a useful I also intend to develop events to pro- met, I hail from NJ which means I love by Ellen Padilla, 3L Law Weekly instrument for the promotion of the mote more contact between LLMs and Springsteen, 80's rock and fist pump- dialogue and networking not only JDs. ing, all of which qualify me to plan The Georgetown Bowling Club among we international lawyers, but fun-filled events. I studied political kicked off their first event Friday also with our American classmates. Rosa Ertz science at Brown University where I afternoon at Fort Myers Bowling I got experience during Law participated in varsity sports and Alley. The event had a good turn-out School in a public university, when I My name is Rosa Ertze, I am from served on the executive board of the bringing in lots of high scores and was elected twice as a member of the Mexico and during Law School I had Greek Council. I've been working in young talent, including three Board of the Law School and had the the opportunity of participating in the government for the last three years bowlers under the age of three. responsibility of making my peers' Law Student Association, organizing before coming to D.C. where I current- With many promising starts, voice heard with professors and Dean. several event for students. I will be ly work in the US Senate. As your rep, most notably 3 strikes and a spare Since communication starts with truly glad to be actively involved in I hope to use my experience dealing through frame 5 by Steve Imig, 3L, good will the Student Bar Association of our with bureaucratic institutions to the highest score of the day went to University, but most of all I assure you aggressively advocate for our evening Thomas Duncombe, 1L. Some of the that I will make my best efforts to section. Thanks for your considera- veteran bowlers felt a little rusty and, obtain and offer you several opportu- tion. more often than they would have Amanda Cotrim nities to enhance our careers as liked, left one pin standing. However, the energy and excitement couldn't be erased from the face of Indiana Kooyman, age 3, and son of Choice panel addresses upcoming cases Chuck Kooyman, 3L. He jumped and by Brianne Kennedy is to outlaw abortion as early as the 12th Although she has followed abortion cheered for his ball as it ever so slow- Law Weekly week of pregnancy. rights since high school, Kendall noted ly rolled down the lane. Despite the Bulger then used a PowerPoint slide that she does wonder how much student snail pace, Kooyman more than once On Thursday, October 12, roughly with pictures of the Supreme Court organizations devoted to the pro-choice hit the head pin, knocking down at 30 students gathered for a Law Students Justices to show a probable division in cause can really do. "I don't think there's least 7. For Choice-sponsored lunchtime presen- the Court's decisions on these cases. a big educational purpose [to them]," she In hopes of avoiding excessive tation on the Federal Partial-Birth While most justices' views on abortion said, especially since most students, par- Friday I-66 traffic, the Bowling Club, Abortion Ban cases facing the U.S. are predictable, Bulger considers ticularly by the time they reach law which usually holds it's events at Supreme Court this term. Kennedy, Roberts and Alito to be school, are already educated on the Bowl America in Falls Church, tried NARAL Pro-Choice America "unknowns". issue. Fort Myers as a more convenient Foundation Deputy Legal Director "He's a wildcard on a lot of issues," According to Welan, Law Students venue. Although convenience may Belinda Bulger spoke for about an hour she said about Justice Kennedy. "There is for Choice in fact faces many obstacles be relative, as all vehicles were about the ban, also known as the some hope…that he will switch his vote due to Georgetown being a Jesuit institu- searched before entering the military "Partial-Birth Abortion Ban Act of 2003", [from what it was in Stenberg v. Carhart tion. "Law Students for Choice is the community, which sits behind the its implications, and how the Supreme in 2000]." only student organization that is not Pentagon just outside of Arlington Court is likely to rule in the two related After discussing the primary argu- funded or officially recognized by the cemetery. cases, Gonzales v. Carhart and Gonzales ments being made by both sides in each university. Additionally, all of our "They searched everything," v. Planned Parenthood, that it is sched- case, Bulger ended her presentation by events are considered 'special events' commented Nitin Jindal, 2L, uled to hear on November 8. outlining a "3-Step Message Approach" because our speakers are considered Bowling Club Treasurer. "From my "We try to keep the Georgetown that advocates of choice can take when 'controversial' and 'high-profile' by golf bags to underneath the front community informed about current discussing the ban and the importance of default. This means that we must get all hood." events in the reproductive rights move- the upcoming cases. of our events co-sponsored and submit However, despite any arrival ment," said Georgetown Law Students "The same supporters of these bans room requests two weeks in advance," hesitancies, the bowling alley proved for Choice president Joy Welan, 2L, want to ban abortion outright," she said. she said. to be a great venue. With 20 lanes, 7 about her inspiration for planning the "This is part of a larger agenda." As for the ban, Welan says she is ounce beer buckets, and ice cream for event. "The Supreme Court will be hear- Andrea Kendall, 1L, attended the "cautiously optimistic, based on the a dollar, the Bowling Club organizers ing this case on November 8, and we presentation and thought it was "really heavy emphasis that Roberts and Alito quickly began envisioning an even expect it to get a lot of media attention, so good and informative…more informa- placed on stare decisis during their con- better locale for the 3rd Annual we thought that this would be a timely tive than a lot of news coverage [on the firmation hearings. An almost identical Bowling Tournament planned for event about an important issue." subject] is." state ban was overturned by the this Spring. The Bowling One of the first things that Bulger Welan also thought the event went Supreme Court only six years ago, so it Tournament, which had great suc- discussed was the term "partial-birth well. "We're definitely very pleased with would be an affront to stare decisis to cess in its first two years, (check out abortion". "Partial-birth abortion is not a the way this event turned out. The atten- uphold this one." the Gewirz trophy case to see last legal term or a medical term," she noted, dance was excellent, especially at such a The co-sponsors of this event were year's winning team) has traditional- adding that she feels it has "a definition busy time in the semester. I think Ms. the Women's Legal Alliance and the ly been at George Washington that's deliberately vague." Bulger did a fantastic job of laying out all National Women's Law Center. University's over-priced, dry, 10-lane Bulger said that courts across the of the information in an informative, alley. country have attributed the term partial - engaging way," she said. "These lanes are better kept and birth abortion to all second-trimester with 20 we could have a great tour- abortions, which keeps many doctors nament in the Spring," noted Binoy from performing second-trimester abor- Dharia, 3L and Bowling Club Vice tions at all. Bulger and other pro-choice President. The previous format of the advocates are especially troubled by this tournament, which seeks to host because they believe that such abortions healthy competition among the can be necessary to protect women's plethora of Law Center student health. groups, allows each team to bowl Next, Bulger addressed the Federal twice with the top 4 team scores Partial-Birth Abortion Ban directly, talk- advancing to the championship ing about how, when it was signed into bracket. However, with more lanes law by President Bush in November the brackets could be expanded to 2003, at least one federal court issued an include the top 8 teams. injunction within one hour and two The Bowling Club plans to have other federal courts followed with their their second event in mid-November own injunctions within the two days that and the tournament is tentatively followed. scheduled for the end of March. One of the most controversial things that the ban would do if it is upheld by photo by Marika Maris, 3L Attendees were treated to a lively powerpoint presentation the Supreme Court with these two cases PAGE 8 GEORGETOWN LAW WEEKLY SSPPOORRTTSS TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 Softball club prepares for annual fall tournament Thomas Leroe-Munoz, 2L have never owned a glove, or who left Despite the high level of play Law Weekly their glove at home. expected at the tournament this year, all This week’s GU For those who need more one-on- Law Center students are encouraged to The leaves are starting to change one instruction, there are plenty of come out and play in the tournament. Sporting Events color and the weather is getting colder returning players who are happy to help The Law Center will hopefully be field- as Mother Nature signals the start of others with the basics of the game. ing five teams, though none of the teams Women’s Soccer v. DePaul another year for the Georgetown Adjusting to a new sport can be difficult, will be stacked (placing the best players Softball Club. Friday, 3 p.m. especially if one has no background in all on one team), so everyone will have a @ Washington, DC As many Law Center students are the sport whatsoever. Having players chance to play and make an impact. thinking about getting their outlines with varying level of skill, though, is Each team consists of ten to twelve play- v. Notre Dame ready, members of the Georgetown often useful for those who have never ers, with a minimum number of women Sunday, 1 p.m. Softball Club are preparing for the fall played before, and the club is not short on the field at all times. @ Washington, DC invitational softball tournament which on players with varying skill sets. "We Last year, Georgetown had four Georgetown will host this year. Six have everyone from college baseball and teams in the tournament, with one team Men’s Soccer weeks into the school year, planning softball players to those who have never going to the semifinals. Because of v. Marquette and preparations for the tournament are played before," said co-captain Scheetz. increased interest from female players at Saturday, 1 p.m. in full swing. The tournament will be One of the major difficulties at practices the student organization fair, the team is @ North Kehoe Field held in only a few weeks, on November hoping to have enough female players 5th, barring poor weather. to have five full teams at the tourna- Women’s Volleyball Weather has had an impact on over- ment, even if it means altering the rules v. Rutgers all turnout thus far, as every Saturday slightly. "Normally the rules require Friday, 8 p.m. @ McDonough Arena seems to bring rain and colder tempera- four women on the field at all times, but tures for practices at West Potomac we might lower that to three if the other Park. With the lowered turnout, the club v. Villanova teams agree to the change," said Luick. Sunday, 2 p.m. is still looking for more women to get The fall season, however, is somewhat @ McDonough Arena involved with the club as the co-recre- like a preseason for the softball club, as ational nature of the tournament they primarily gear up for the UVA Field Hockey requires that a certain number of female tournament in the spring. v. Louisville players need to be on the field at all In past years, Catholic Law School Friday, 3 p.m. times. photo by Katherine McCullough, 3L co-hosted the tournament with @Kehoe Field It should be noted that the Co-captain Lori Scheetz, 3L prepares Georgetown Law, providing trophies, Georgetown Softball Club often calls the team for the fall tournament balls and some help on the logistics. This v. Davidson itself a social club first and a softball club has been mixing the competitive and year, however, Catholic chose not to Sunday, 12 p.m. second. "Although we take competition instructional aspects of the game togeth- take a role in the organization of the @ Kehoe Field seriously, our club is focused around er for the team. "First and foremost, tournament so the full responsibility being active and having a good time," we're trying to teach people the basics of will fall on Georgetown. Georgetown Law Sports said co-captain Lori Scheetz, 3L. Co-cap- the game," said co-captain Luick. Because Georgetown is looking to Georgetown Law Softball tain Jon Luick, 3L said that the softball At least eight different law schools field one more team than usual this year, club is for everyone who is interested in Saturday, 11 a.m. will be playing in the tournament, with those who are interested in participating @ West Potomac Park softball at the Law Center, not just for many DC schools participating as well in the softball club should contact Luick persons who've previously played base- as teams coming from UVA and at [email protected]. Georgetown Law Rugby ball or softball. "You don't need to know Baltimore. This is the first year that UVA Alternatively, players may come to soft- Friday & Sunday, 2 p.m. how to play softball to come out. There's will be sending a team, noteworthy ball practices which are held on at 11 @ 3rd and Madison, National Mall a large instructional aspect [to our prac- because UVA hosts the largest law a.m. on Saturdays at West Potomac tices]." There is also a good deal of extra school softball tournament in the spring Park. Women’s Basketball Club equipment available to people who and traditionally fields the best teams. Sundays, 6 p.m. Sport and Fitness Center

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LexisNexis, the Knowledge Burst logo, Lexis and Shepard’s are registered trademarks of Reed Elsevier Properties Inc., used under license. AL9426 © 2006 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 SSPPOORRTTSS GEORGETOWN LAW WEEKLY PAGE 9 October heats up as Harsha Rao is better than you McNair was never good the NLCS series Harsha Rao, 3L but in reality the Patriots managed Law Weekly to make it to the championships in spite of Bledsoe. Besides, what returns to New York It's been the year of the fading great quarterback is ever in a quar- Adam Pekor, 2L one other career home-run, off none quarterback in football as former terback controversy with a career Law Weekly other than Steve Trachsel. Super Bowl quarterbacks Steve backup who's never even attempt- Down two games to one with McNair and Drew Bledsoe are fad- ed an NFL pass? After a four-game sweep of the their backs against the wall in game ing worse than Joey Harrington Moving back to the McNair Oakland Athletics in the American four the Mets pulled out a clutch (the standard for below average flagellation, people will say he was League Championship Series, the road victory to even the series. The performance). But to be fair, they're great, that he won a co-MVP award Detroit Tigers await the winner of bats finally came alive as New York not fading or underachieving; they in 2003 and he led the Titans into the Mets/Cardinals National pounded the Cardinal bullpen after were never good in the first place. the Super Bowl in 1999. That's just League Championship Series. starter Anthony Reyes left the Steve McNair was amazing - in people buying into the hoax that is The Mets jumped out to an game, allowing two runs in four college. At Division I-AA Alcorn McNair's career. First, Peyton early series lead last Thursday with innings. First baseman Carlos State, he amassed something like Manning should have won the a 2-0 victory behind a masterful Delgado blasted a three run homer, 28,000 yards rushing and receiving MVP award all by himself in 2003, performance by Tom Glavine. The to add to his two long balls off his senior year. Even though that but the media felt sorry for a once- forty-year old lefty went seven Chris Carpenter in game two, and was against below average compe- again injured McNair (go figure) strong innings allowing no runs on totaled five RBI on the night. tition, everyone anointed McNair and gave him a 50 percent share of just four hits. Glavine walked two Third baseman David Wright as the next evolution in quarter- the trophy. And in 1999, another and struck out two, extending his also went deep, for the first time in backing: the mobile quarterback. season where McNair was injured streak to thirteen scoreless innings his postseason career, and Carlos McNair was just a slightly larger (I don't see a pattern here), people in the postseason. Beltran sent two over the fence as version of Tommie Frazier, but for gave him credit for "leading" the Glavine, who pitched six the Mets went on to beat the some reason he was hailed as the Titans to the playoffs. The guy only shutout innings against the Cardinals 12-5. Beltran now has next Great One, while Frazier is played 11 games that season! That Dodgers in the Mets game two win seven NLCS homeruns against the now consigned to coaching football is like giving credit to Trent Dilfer in the NLDS, has taken on the role Cardinals, including the four he at the mighty Doane College. for leading the Ravens to a Super of ace of the Mets' rotation. Co-all- crushed as a member of the Once McNair made it to the Bowl victory. star pitcher Pedro Martinez and Houston Astros in 2004. "Well, we NFL, he struggled with a variety of Sure, it happened, but it wasn't Orlando "El Duque" Hernandez had a great approach at the plate injuries. Yet despite his troubles because of anything special Dilfer each suffered season ending today," said Beltran, who has three staying on the field, people called did. McNair was all right in 1999, injuries just prior to the start of the home runs in the series thus far. him a warrior for playing hurt, but the real hero of the Titans was playoffs. "I understand the impor- "We were letting the guy pitch. We instead of injury-prone. Sorry, but the perennially under-appreciated tance of when I pitch now. But at took a few walks. And, you know, it if you're repeatedly injured, you're Eddie George. The guy never broke the same time, I'm trying my best to felt good, including myself, when I injury-prone in my book, no matter off huge runs, but he was a work- mentally play games with myself take a walk and have a guy like how often you try to play. After a horse who ground out 3, 4 yards and dismiss that," Glavine said Carlos behind me make the guy bitter contract dispute with the every play, every game. And he after his win over L.A. "I don't want pay." Tennessee Titans, where they was also a running back who was to go out there with any added Game five, Tuesday night fea- banned McNair from working out less injured than his quarterback, pressure on myself." tures a rematch of game one, with at their practice facility for fears he not something you see too often. So St. Louis came back to even the Glavine squaring off against Jeff would injure himself (go figure), yeah, the Titans made it to the series Friday night in game two Weaver. Weaver, acquired earlier McNair was traded to the Super Bowl when McNair was their with a 9-6 victory. The Mets were this season by the Cardinals, was Baltimore Ravens. quarterback, but it was on the looking to take a commanding two let go by the Angels to make room Initially hailed as a savior, shoulders of Eddie George. game lead, up 6-4 with two outs in for his younger brother, Jered. McNair has fallen down to the Kyle There've been a lot of crappy the seventh inning, when Scott Regardless of Tuesday’s results, Boller-like levels of quarterback quarterbacks this year. Daunte Spezio tripled off the wall in right the Mets and Cards will meet up for mediocrity. (Side note, does any- Culpepper is now somehow more field. The game went into the top of a game six match up in New York one remember when Boller dated immobile than Bledsoe. Kurt the ninth tied at six, when the Mets' Wednesday night that will feature Tara Reid? I mean, I didn't know 13 million dollar a year closer, Billy rookie right hander John Maine for who to feel more embarrassed for. Wagner, gave up three runs includ- the Mets going up against the 2005 Sure, Boller was a terribly overrat- ing a solo home-run by So Taguchi, NL Cy Young Award winner in ed quarterback holding a franchise as the Cardinals went on to win 9-6. Chris Carpenter. hostage, but Reid had quite possi- St. Louis followed up with a While the big bats of the middle bly the worst boob job in the histo- dominating performance Saturday of the Mets lineup have supplied ry of Hollywood…or so I've heard.) night in game three, knocking out the thunder thus far, the Mets 23- The enduring image of the Mets starter Steve Trachsel in just year-old shortstop, Jose Reyes, is Baltimore Ravens' 2006 season will two innings after giving up five likely to be a key factor in game six be McNair throwing a floater to runs. Jeff Suppan was untouchable and a possible game seven. If the Champ Bailey on Monday Night for the Cardinals, shutting the Mets Cardinals can minimize the impact Football. out through eight innings, and of the Mets leadoff hitter the way It's the same situation in Dallas helping his own cause with a sec- they have thus far in the series, they with Bledsoe, where people have ond inning dinger of Trachsel. Prior stand a good chance to meet the called for career backup Tony to Saturday's game, Suppan had hit Tigers in the World Series. Romo to take over. After last

However, if the lightning fast week's primetime debacle against photo courtesy of uglyjackasses.com Reyes, who led the NL in stolen the Eagles, Bledsoe's been labeled McNair, more hyped than WMD's in bases and triples with 64 and 17, old and past his prime. But that's Iraq? respectively, can reach base early wrong because Bledsoe was never and often, the Mets will be a nearly that good even in his prime. Sure, Warner's mentally bagging gro- unstoppable force. Reyes' constant he was a first overall pick who ceries again. And Ben disruption on the base paths during shattered records, but those Roethlisberger is still seeing that the regular season lead to Paul Lo records were the lame quarterback car rushing at him whenever a line- Duca seeing a lot of fastballs, a big records that no one really cares man blitzes. But these guys can part of why he finished sixth in the about - things like most passing hide behind the excuses of age and NL with a .318 average. This combi- attempts and most interceptions in freak injuries because they were nation set the table for Beltran, the Super Bowl. great during their primes. No such Delgado and Wright, who com- See, Bledsoe didn't just sudden- luck for McNair and Bledsoe. But bined for 344 RBI on the year. ly deteriorate into a terrible quar- hey, in their defense, they were Game five airs Tuesday evening terback; he was always a terrible never good in the first place. at 8:00 p.m. on Fox, and game six quarterback who was immobile,

photo courtesy of ESPN will be on Wednesday night at 8:00 made poor decisions and always Mets shortstop Jose Reyes, widely p.m. The World Series is set to found a way to commit a turnover regarded as the most exciting player begin in Detroit on Saturday. in a crucial moment. He "took" the in baseball, will be a key factor in Patriots to the Super Bowl in 1996, game five of the NLCS PAGE 10 GEORGETOWN LAW WEEKLY FFEEAATTUURREESS TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 Wayward paths on the The latest in all things approach to perfect irresistibly irrelevant by Sarah Hale, 2L (Well, technically I'd be happier if it Law Weekly were SJP making news again, but television there's really no need to bring that up by Devin Cain, 1L ing in a few down minutes, these September and October are busy here.) Ms. Gellar has been making the Law Weekly strange-but-true maladies have months for law students. 1Ls are still rounds in the past few weeks promot- begun to overwhelm entire episodes. going to classes (isn't that cute?), 2Ls are ing her new movie, The Grudge 2. I've When it began, Grey's Anatomy The turning point was the episode in scattered throughout the country trying got to admit I wasn't terribly impressed emerged immediately as a fully sus- which a man is shot with a bazooka their best to impress law firm partners with The Grudge, and don't expect to tainable, excellent television series. and still has a live round in his chest and 3Ls are mysteriously absent alto- enjoy the sequel much either, but in any Nothing about it was particularly cavity. What a lark this must be! we gether. Sometimes we get so busy that event I'm glad that Sarah Michelle is innovative or incisive, but it was are led to hope, assuming this will we neglect important aspects of our back in the spotlight. She was on TRL always entertaining - the most impor- lead to some jokes and/or inappro- lives. There was an entire week earlier last week to push her movie and while tant quality of any show. Over two priate sex. Instead of harping on the this semester when I didn't check one I don't watch TRL (partly, because I'm seasons, however, its writers have inherent humor of this situation (a single celebrity gossip site. When I too mature and sophisticated, but most- grown a bit complacent, relying too man has a bazooka round in his returned to those sites I had pages and ly because I don't have a TV) I hap- often on blind-faith viewers instead chest), the writers push on in the pages of posts to sift through. For every pened upon the pics online and was of good scripts. It has slipped at times opposite direction. This sort of melo- monumental, Paris v. Shanna story, quite impressed. She was a little less from being very watchable to just drama is not really in keeping with there were three utterly forgettable, blonde, a little less Buffy, but all in all very watched. the ilk that makes the show so addic- Jessica Alba is still gorgeous articles. I still vintage SMG. This article presupposes that tive. put in the hours, though, and I am now there are any number of great things These two wayward trends are completely up to date on the latest in Paris and Nicole - BFF. about Grey's that make the show not exclusive. Recall the end of a celeb gossip. Gather round, let's have a When Brit and Justin called it quits worthwhile regardless of any quib- recent episode in which Meredith is review session. I was upset. When Jennifer and Brad bles one might have. There is little playing Derek and Finn the Vet off split I was confused and beginning to need, and too little space, to list those each other in a dating triangle. The Tony and Eva: Where do we stand? lose faith in love. When Nick and achievements here. That said, the first two lads confront each other on her I don't know about you, but I was Jessica announced their separation I few episodes this season have high- stoop after Meredith and Derek really pulling for the Tony/Eva thought I had seen the worst, but then lighted two areas in need of some return from a date. Finn the Vet pres- breakup rumor that came out a few the ultimate split came and it totally maintenance-areas that, luckily, can ents Meredith with a pint of straw- weeks ago. Their relationship turned rocked my world - Paris and Nicole. It be fixed. berry ice cream, a wonderful prop the NBA playoffs into a commercial for hurt so badly, because Paris and Nicole First, Meredith Grey has gradual- whence silliness. Instead of letting Desperate Housewives last year and I were the perfect pair. Without Nicole ly become one of the least likeable the situation work itself out, was hoping that this year the NBA sea- Paris is just another rich girl with no characters on television. She is pale, Meredith has a tantrum. When an ice son would be Eva-free, but it seems that personality and without Paris Nicole is whiny, in need of a new haircut, and cream fight between grown men is Tony and Eva are on again. Eva's pub- just another underweight wannabe- rather unsympathetic. That the writ- lamentably averted, the audience suf- licist announced several weeks ago that celebrity in big sunglasses, but together ers insist on having otherwise charm- fers. the two were "going through a rough they were a little piece of something ing men covet her is a poor founda- These critiques are offered out of patch" in their relationship. (Hint to wonderful. Last week the darling duo tion on which to build a television hope for the future. Grey's is in no Eva: If you don't want the media reunited for dinner together at a program. That she occupies so much jeopardy of going off the air any time involved in your personal life don't Hollywood steakhouse and seemed to precious screen time when there are in the foreseeable future, and its release statements about your relation- be enjoying one another's company. compelling characters to be watched audience is more or less secured by ships.) With this word from Eva's camp Nicole was a crazy mess of disheveled is inexplicable. this point. The concern is that the pop sites began reporting that the pair hair and oversized clothes and Paris The real trouble is that almost show will rarely bother to be as good was officially over. Unfortunately, in a looked a little high and I suspect if they every other character on Grey's is as it can be because at this point it gaffe reminiscent of Election 2000, it had not been together I would have wonderful, but Meredith's monolithic does not need to. This is a fairly seems the race was called too soon. thought it an off night for both, but they personality threatens to drown them shrewd maneuver - usually I am Within days the two were seen strolling were together and that's all that mat- out. Perhaps the most enjoyable of staunch advocate of the never trying through the streets of Paris hand-in- tered. the bunch (at least, my favorite) is harder than needed lifestyle. In this hand. The latest word is that they are Addison Shepherd; she is also the instance, though, the necessary tin- still together and trying to work things Switching Simpson Sisters. one who suffers the most from this. kering is easy enough that the writers out. Let's all keep our fingers crossed Talentless, unemployed, shabbily True she cheated on her husband, could implement it and still be at the that they don't, because the last thing I dressed, not that cute and daily making Derek, with his former best friend. bar drinking martinis by noon, one o' want to see is Eva strutting around in a fool of herself. Quick, name that All the same her arrival and direct clock at the latest. those homemade, bedazzled "Tony P." Simpson sister. If you've been neglect- challenge to Ms. Grey provided a The question that remains is how jeans again. ing your celeb gossip reading lately you perfect opportunity to wean from the these changes should occur. Two sug- might say Ashlee, but you'd be wrong. latter. Instead, it appears Addison gestions: Little Miss Ashlee (post fabulous nose may be on the out and out while (1) Meredith overdoses on job) has recently overtaken her sister in Meredith partly chases her husband. Neapolitan ice cream (having not their ongoing battle to be the least Derek, after all, seems like he even made it to the chocolate third annoying member of a family that is all deserves some pity and compassion, because Meredith would most likely kinds of annoying. Ashlee's been get- but it is difficult to invest too much eat Neapolitan ice cream the wrong ting good reviews as Roxie Hart in emotion in a man making such ques- way), leaving her in a coma. This Chicago and even better reviews on the tionable romantic decisions. could lead to a recurring throwaway gossip circuit. She's back to blonde Meredith has an unfortunate tenden- scene, randomly placed in different (which was always more flattering for cy to make the characters with whom episodes, wherein Derek and Finn her) and looking rather put together she interacts similarly unsympathet- the Vet wear eyeliner and sing lately. Jessica, on the other hand, has ic. "Girlfriend in a Coma." not been doing so well. Jessica was pop- The second sore spot is that the (2) Meredith is diagnosed with a ular for three reasons: we liked her with show has begun to take its medical disease that makes her look fully 20- Nick, she had a decent voice compared pedigree a bit too seriously. Grey's 35 years older than she actually is. to some other pop singers, and she was Anatomy is not actually about doctors She flees to an unspecified desert and pretty (and let's face it, we like pretty or medicine. Setting it in a hospital, I is replaced by a flamboyant gay man, people). Over the past year or so, she imagine, originally served as the sim- who pursues Meredith's former suit- lost Nick, turned away from singing to plest means to get another soap opera ors, filling in the only temporarily pursue a career in acting, and apparent- on primetime television. Considering vacated position of promiscuous ly stopped looking in mirrors and how delightful the soap opera in intern. photo courtesy of Hollywoodrag.com combing her hair. Also, that acting question is, this ruse was entirely Have we seen the end of the There are certainly other equally "career" is not going so well. Last week laudable. In turn, Grey's began by “Tony P.” jeans? I hope so. adequate proposals, perhaps quite a Jessica bragged on a late night talk carefully offsetting the hospital with few that are better considered or fun- SMG is back! show that she was preparing for her humor, general silliness, and gobs of nier. Hopefully the proper one can be Sarah Michelle Gellar, our second upcoming role in a movie with Luke delicious melodrama of the non-hos- found lest Grey's goes the way of ER, favorite three name Sarah (sorry SMG, Wilson, only to have Luke's camp pital sort. staying on the air for a decade on the but SJP will always win that battle) is announce the next day that Wilson This balance has swung of late shoulders of rote viewing. Grey's, back in the news again after laying low would never do a movie with Jessica toward more of an emphasis on hos- after all, is too good for that fate. for a while and I couldn't be happier. Simpson. Ouch! pital problems. Instead of merely fill- TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 FFEEAATTUURREESS GEORGETOWN LAW WEEKLY PAGE 11 Neumeyer’s direct Auschwitz Report by Christopher Neumeyer, 3L by Tiphanie Miller, 2L Law Weekly Law Weekly Critics who belabor the "manip- ulative" packaging and presenta- In today's world, a "Nazi" is tion of the book miss the point. Yes, what you call your political oppo- de Benedetti deserves more credit nent when all logical arguments than the miniscule type-setting on have been left behind - the shriller, the cover provides, as the main the better - while genocide rages writer of the Report, and its main unabated, and ignored, in the advocate for scholarly publication Sudan. We have forgotten, in a in the 1940s. But the experiences sense, why "Nazi" is an epithet, detailed in these fifty pages, partly photo courtesy of Holly Eaton why it is one of the vilest things by Levi, are the genesis of Levi's Holly Eaton, Director of photo courtesy of Georgetown Facebook politicians can think of to call one later "essential" works, especially If Darin Avery, 1L Pro Bono Programs another, without resort to sordid This is a Man. Whether the inten- private histories. We have forgot- tions of the publishers were malev- ten, really, why we even bothered Why did you come to Georgetown? Why did you come to Georgetown? olent and manipulative in placing to say "Never again!" in the first I’m interested in politics, and felt there Because they hired me. Levi's name and stature above de would be an opportunity to observe place. Benedetti, the decision makes But in a scant fifty pages, and be a part of national politics here Would you rather be the Attorney sense. Would I have picked up The Leonardo de Benedetti, along with in Washington. General or a Supreme Court Justice? Auschwitz Report if the first thing I Primo Levi, endeavors to preserve Supreme Court Justice; I look good in saw on the cover was not "Levi" in his experience as an Italian Jew Would you rather be the Attorney black! large letters, the name of a man General or a Supreme Court Justice? during the Holocaust, as an inmate renowned for his written testimony of Auschwitz III, a satellite camp of Supreme Court Justice. The job securi- What was the best thing before sliced of the Holocaust, but rather the the main Auschwitz compound. ty is for life! bread? I wasn't alive then. name of an obscure Italian doctor While the Monowitz Concentration who preferred to remain a private Camp contained no gas chambers, What was the best thing before sliced Would you rather have double vision and unassuming character after his and a relatively extensive pharma- bread? A knife. or hear a constant echo? Double vision, harrowing experiences in copeia and infirmary, the condi- because you can close your eyes, but Monowitz? Maybe not. And the tions detailed in Auschwitz Report Would you rather have double vision you cannot turn off your hearing. more people who pick up this or hear a constant echo? Echo. I would- are stark and deplorable, inhuman book, even just to read the jacket and inhumane. After being liberat- n't like double vision. Did the oil companies kill the electric flap, the better, even if that means ed from the Monowitz compound car? I haven't seen the movie yet. "misleading" readers into thinking Did the oil companies kill the electric by Russian forces and moved to a that Levi played a larger role in the holding camp in Katowice, Poland, car? It is still not clear to me that the Would you rather be an unrecognized Report's production than he did. before being transported back to electric car is more efficient than an genius or an overrated mediocre? I am an Turin, Italy, de Benedetti, a doctor, internal combustion engine. unrecognized genius! and Levi, a chemist, were asked, as all interned doctors were, to pro- Would you rather be an unrecognized What is a class at Georgetown you duce a documentation of the condi- genius or an overrated mediocre? recommend? Professor Esther Lardent's tions of medical care they had Unrecognized genius. If I were "Doing Well and Doing Good: experienced at the Monowitz facili- mediocre, I would probably know it Enhancing Pro Bono at Major Law ty. After returning to Turin, Levi and it would drive me nuts. Firms." It illustrates the many pro and de Benedetti collaborated on bono options that lawyers can pursue expanding the document to include What is a class at Georgetown you after they graduate. recommend? All the classes I have had other aspects of camp life, includ- ing their experience in being trans- so far are mandatory. Would you rather be able to fly or ported there. De Benedetti then had become invisible? Fly, both because I it published in 1946 in an Italian Would you rather be able to fly or have always wanted to fly, and also medical journal, Minerva Medica. become invisible? Depends on the day. because you couldn't do anything The document was then forgotten with what you learned when you are until it was discovered by the photo courtesy of majorana.org Should law school textbooks have invisible without getting in trouble. more analysis and less court cases? I Turinese critic Alberto Cavaglion While Levi, pictured above, may in 1993. This publication by Verso not be the primary contributor to don't mind all the cases, and I am in Should law school textbooks have press, with two pieces written by the Report, his name will likely Section 3, so the books have a variety more analysis and less court cases? And attract readers Levi in honor of de Benedetti after anyway. pictures! (I say that as a photogra- his death in 1983, marks the first pher.) The genocide in Darfur bears Is it better to be virtuous or intelli- English translation of the docu- little resemblance to the Holocaust, ment, and the first time it has been gent? Virtuous, because "intelligence" Is it better to be virtuous or intelli- but neither did the acts of genocide made available to a wide audience. doesn't mean you are necessarily gent? Virtuous, because you can use in Rwanda, carried out predomi- The narrative captured by this using it, but "virtuous" does. intelligence to do very bad things. nantly by machete and nail-embed- document is not one that should be Being virtuous is an ideal that every- ded stick. What ties these horrific new to many readers; foul cattle- When should you put the cart before one should strive for, whereas you acts together, what makes them car transports, soiled linens, scant the horse? When you are trying to catch cannot make yourself intelligent. genocide, is what is almost taken the horse and there is a carrot in the nourishment, lengthy treks to back- for granted in The Auschwitz Report, breaking labor, filthy hospital cart. When should you put the cart before rarely mentioned by its authors - a rooms, guard brutality, trains ship- the horse? When the horse feels like goal of extermination. The extent of ping the infirm and weak to the If the Democrats win the House will pushing instead of pulling. knowledge the Allied powers had President Bush be impeached? Don't main compound, where their of the conditions delineated in the promised "showers" killed them in know if he will be, but I don't think it If the Democrats win the House will Report before the liberation of the a matter of minutes; Auschwitz, would be smart on their part as it President Bush be impeached? No, camps is well-documented else- and the larger Holocaust, has might generate sympathy votes for the because they will be too busy running where. What was known, and what become part of our shared cultural Republicans in the '08 election. for reelection. was not done, is itself a testimony awareness and history. However, to inhumanity. While Levi and de the distillation of these details into Is it worse to have cold feet or cold Is it worse to have cold feet or cold Benedetti praise the Russian and a scholarly document, with condi- ears? Cold ears are worse, because ears? Cold ears, because if your feet Western troops, their governments tions clinically described in an they can get frostbitten, but you can are cold the rest of you is cold; with ambivalence to the conditions of exacting and concise manner, ren- rub your feet together. cold ears you just look funny. the camps mirrors their ambiva- ders these experiences more lence today to the crisis in Sudan. intense, more powerful. The Should religious organizations be tax Should religious organizations be tax The Auschwitz Report is certainly Auschwitz Report was one of the exempt? Yes, if they are non-profit. exempt? Yes, they are or should be not enough to change that, but its first attempts at Holocaust testimo- non-profit, and if they were taxable, publication indicates one more step ny, and as such, serves as a power- What is a book or author you recom- they could be for-profit, and I think in the right direction, closer to ful reminder of the atrocities dur- mend? Brothers Karamazov by that would be a bad thing. "never again" than farther away Dostoevsky, Candide by Voltaire and ing this genocide, even in camps from it. where mass exterminations did not Gulliver's Travels by Swift. The second What is a book or author you recom- take place. two are absolutely hilarious. mend? Dr. Seuss. PAGE 12 GEORGETOWN LAW WEEKLY HHUUMMOORR TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 Universal Top Ten... Heat on SBA elections are fast approaching and in an effort to inform Law you, the electorate, of your choices, we present... the Hill The Laws of Love by Top Ten SBA Campaign Promises: Libra (Sept. 23 - Oct. 23) Logan & Lucy Wednesday will bring bells, Dear Lucy&Logan, 10. No more "Tuesday as Monday" days. but no whistles. I've been with this one girl for a while now and things are going great. Scorpio (Oct. 24 - Nov. 21) 9. Taco Tuesday to become Taco and Tequila Tuesday. Problem? She has too many things on You will develop a love for her plate. She just found out that her hats this week. 8. Journal members will once again be allowed to print freely. sister is dating some loser who beats her Sagittarius (Nov. 22 - Dec. 21) Non-journal members will still not be allowed to use the up, so she has to deal with that. Then The secret of life is peanut journal members’ vending machine. she has tons of friends who have issues butter filled and fudge dipped. of their own, drinking and drug related 7. All lectures to be taped and remixed. problems. She constantly tells me that Capricorn (Dec. 22 - Jan. 19) our relationship is the only thing that is The promise of an open bar 6. Free Examples and Explanations for everyone. working in her life. And in the begin- will draw you to an otherwise ning I was attracted to how organized undesirable locale. and stellar she was with other people - 5. First-year grading will no longer be blind. (Clearly going she's not the brightest but she can man- Aquarius (Jan. 20 - Feb. 18) for the gunner vote with this one.) Yellow roses will brighten age others really well. Now all the los- your day on Friday, watch out for ers have gravitated toward her. I was the thorns. 4. Professors will be required to IM you at least three minutes attracted to this at first but now I am before they intend to call on you. not. Should I be up front and honest Pisces (Feb. 19 - March 20) with her? Or should I wait it out and You will spend an unreason- 3. A full investigation will be launched into why the choco- see if it gets better? able amount of time in the library late fountain disappears after tuition has been paid. ~Lonely Dan this week. Dan, Aries (March 21 - April 19) 2. Cheerleaders in class. Everyone could use a little encour- I want to applaud you for your An unfortunate misunder- agement, after all. standing will leave you stripped sensitivity in dealing with your girl- of your peer advisor status. friend's issues. Not many guys 1. No more e-mails from SBA. would stick around or even decide Taurus (April 20 - May 20) to wait until she has less stuff on her Your mailman is reading your by a Studious SBA Voter plate. If you think these problems mail. He is bored and concerned could be fixed with a long conver- about your credit score. sation or some compromise then I would recommend you wait a bit Gemini (May 21 - June 21) The Quotable... and then carefully broach the sub- You will have a surprisingly ject with her in hopes that she pleasant encounter with law “I’m impressed by people with cell phones.” - The Quotable Father enforcement. Robert F. Drinan would have a clear mind and more time to devote to you. If you think Cancer (June 22 - July 22) “You know, it's absolutely terrifying to leave the podium... first, I'm these problems have been creeping Your mom was wrong, they're away from my notes, and second, oh my God, everyone can see my up in your relationship and you not jealous, they just don't like body!” [Runs down the stairs back to the podium] - The Quotable don't see things working in the Professor Louis Michael Seidman you. future then by all means, you have an obligation to tell her immediate- Leo (July 23 - Aug. 22) “People didn't really know Muslims could fly airplanes until recently.” - The Quotable Professor Mohamed Y. Mattar ly and deal with the situation. It's A crush's Facebook status will not fair for either of you to continue change to single on Monday. Who to be in a relationship that isn't loves the newsfeed, now? “If cybersex is sex, then this is sexual behavior.” - Student [pause] [loud IM beep] working. Virgo (Aug. 23 - Sept. 22) "Ahem, a certain Congessman might disagree." - The Quotable Sincerely, An untimely muscle spasm Professor Michael H. Gottesman Lucy will threaten to destroy a friend- ship this week. Dan o'boy, I think you deserve the award for most-forbearance- dealing-with-wacko-girlfriend- Sudoku solutions issues. Seriously dude, waiting from page 2 until she has less on her plate to horoscopes by Sarah Hale, 2L. break up with her? No thanks. Just tell her you need your space, don't have time to deal with her lame-o problems, or that your pet pitbull Got Questions? decided that he's allergic to the gf. Quotes? Tell her now. This girl needs to stop being the shoulder that everyone E-mail Heat on the Hill cries on and needs to figure out some time for herself and you. If she can't do that then that's her [email protected] problem not yours. You got a life Confidentiality guaranteed! too and you're young, young Please Note: enough to play around and not be Advice columns are intended for chained to some free human psy- amusement purposes only. chotherapist. Do what normal folk Writers’ names are ficticious. do all the time, go out, have fun, get Some question scenarios are fic- laid, sit back and enjoy the ride. titious, and written by members You'll regret it if you don't. of the Law Weekly staff. Free for Life, Logan TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 OOPPIINNIIOONN GEORGETOWN LAW WEEKLY PAGE 13 Gun carrying permits deserve wider recognition tion is passed, Webb's permit will concealed carry of handguns without privilege him to carry concealed hand- exception. Whither the Tenth Amendment? Michael Stollenwerk guns in all 50 states, and the District of Interestingly, Wisconsin's Columbia. Governor Jim Doyle (D) vetoed a bill Another problem with S.3275 is this year to enact a concealed handgun that it does not identify the source of The partisan camps of Virginia Inter-state acceptance of gun carry permit program in Wisconsin. This Congressional power to veto the Senatorial candidates George Allen permits limited was the second such veto cast by police power enactments of the sever- and James Webb continue to dicker Governor Doyle. al states on the concealed carry of over which of these middle-aged men It probably seems strange that handguns. In Lopez v. United States most often said the “n-word” while while 48 states and the District of Do as I say, not as I do federalism (1994), the Supreme Court struck growing up in Virginia, if ever, how Columbia issue concealed handgun down the Federal Gun Free School many times and under what circum- permits, these permits are not routine- Senator Allen's S.3275 was greeted Zone Act as exceeding Congress' pow- stances they did. But get them togeth- ly accepted in most or all states, as dri- with acclaim by the National Rifle ers even under the Constitution's er in a public debate even in liberal ver's licenses are. However, this is the Association and other mainstream mightily flexible commerce clause. Northern Virginia, and the two candi- reality behind the Allen-Webb frustra- pro-gun groups, but some state S.3275 would, even more that the dates agree right away on one major tion with lack of inter-state gun carry groups and activists warned that the Federal Gun Free School Zone Act, substantive issue: Americans ought to rights. True, gun owners can collect federalization of gun carry permits directly offend the Tenth Amendment have a robust, inter-state right to carry multiple concealed handgun permits was dangerous because some future by invalidating Wisconsin and Illinois’ guns in public and the federal govern- from their home state and other states, anti-gun Congress could impose dra- across the board bans on concealed ment should force states to accept the including mail-order states like conian standards on permit issuance carry. While Congress is clearly within concealed handgun permits issued by Florida, Utah and Virginia, but this is and curtail gun rights now secured by its power to declare gun carry permits other states. valid in the District of Columbia, gun rights supporters had better be careful S.3275 - The National Right to Carry when they ask they when it comes to Reciprocity Bill the several states, else just might get it and endanger the protections secured At issue is Republican Senator by Lopez. George Allen's S.3275, a bill intro- duced in June 2006 which would com- Alternative to S.3275 pel each state and the District of Columbia to accept every other juris- Whether it's Senator Allen, or diction's concealed handgun permit in Senator Webb, or even a future the same manner as it privileges the Senator Macaca sitting as one of holders of its own permits. But for the Virginia's U.S. Senators, inter-state states which criminalize concealed gun carry rights will continue to be a carry and don't issue concealed hand- hot federal issue in the Congress. gun permits, the bill declares that S.3275 as written seeks to achieve fast these states shall respect a new federal progress in gun carry permit reciproc- immunity for all states' permit holders ity, but Congress should limit its to carry concealed guns anywhere applicability to the District of except the following nine federally Columbia, a federal district, and a declared off-limits areas: police sta- costly and still does not garner accept- the state control of permitting pro- crime ridden city whose residents and tions, public detention facilities, court- ance in all states. Nevada for example grams. However, neither side focused visitors have been effectively dis- houses, public polling places, a meet- accepts no other state's concealed much attention on the worst aspect of armed for far too long through highly ing of a State, county, or municipal handgun permit, while Arizona the bill: S.3275 does nothing to force restrictive permit issuance polices governing body, a school, a profes- accepts all states' permits. the federal government itself to accept since the 1970s. sional or school athletic event not There is no simple closed form state gun carry permits! The good news is that states are at related to firearms, a portion of an explanation behind the lack of reci- While the United States Forest least moving in the right direction. establishment licensed by a State to procity between the states on con- Service assimilates each state's gun Each year, more states accept more dispense alcoholic beverages for con- cealed handgun permits. Part of the carry laws onto federal forests, no and more gun carry permits issued by sumption on the premises and inside answer is that, in many states, the idea other federal agency follows suit. other states, and Congress could easily the sterile or passenger area of an air- of lawful concealed carry of handguns Federal lands are essentially a no- accelerate this trend by flexing it's port. This list is substantially more is new and controversial. carry wasteland affronting everyone's spending powers and linking, say, restrictive than most state laws. For Additionally, many states’ permits are self-defense rights. A petition for rule- 10% of each state's homeland security example, in Virginia, only courthous- issued on a discretionary basis, often making submitted in 2004 asking the subsidies to a requirement that the es, schools and bars are off limits to by the local police chief or sheriff, Department of the Interior to adopt state both allow citizen gun carry and concealed carry. which in practice limits the availability the proven Forest Service Assimilation accept every other state's gun carry Allen's bill garnered 25 Senate co- of permits to citizens generally. Rule onto federal parks has not seen permit to do so. But more importantly, sponsors almost as soon as it was While a hefty 44 states allow the the light of day under the supposedly the Congress should finally "do as it introduced, and if his Democratic "open carry" of handguns in public, pro-gun Bush administration whose says" and assimilate each state's gun challenger Webb defeats incumbent usually without any license, when it first Attorney General, John Ashcroft, carry laws onto all federal lands in Republican Allen in this November's comes to concealing guns, each state's issued a proclamation holding that the every state. election, the bill may just have a new tradition is different. Vermont, for Second Amendment provides an indi- Mike is a 2E and co-founder of sponsor - Webb himself. You see, Mr. example, issues no concealed handgun vidual right to keep and bear arms. www.OpenCarry.org, a web-based Webb does not just support S.3275, he permit because that state does not Just like Ashcroft's proclamation, database and discussion forum per- holds a Virginia concealed handgun require any permit to carry handguns S.3275 is "do as I say, not as I do" fed- taining to Americans' rights to "open permit which is currently accepted concealed. At the other extreme are eralism. carry" handguns. He can be reached only by 19 states. If the federal legisla- Wisconsin and Illinois, which ban the at [email protected].

she spends holidays with me and my asked her to tell me what was objective- ourselves). And he has spoken about the Clarification: Coming partner, I've carefully avoided overtly ly wrong with being gay, in the way that damage that covering works on our soci- Out Stories discussing or asserting my sexuality we say murder or rape is objectively ety, and the potential for transformation around her. Just this week, however, she wrong. And the more I pressed beyond that it destroys. began discussing religion and morality her stock answers, the less able she was I don't have much of a problem with Last week the Law Weekly published a with me, and I had increasing discom- to tell me just what was so wrong with it. telling people I'm gay. But I'm still learn- series of “coming out stories” by members of fort about my continual willingness to Coming out, and National Coming ing to uncover every day. I didn't defini- the GULC community. Due to a technical "overlook" my sexuality. So as she dis- Day, can be about so much more than a tively change my aunt's mind about error in submission Amy Simmerman’s cussed her beliefs about what it means to moment of saying, "I'm gay," important what it means to be gay, but I saw the story was truncated, resulting in a substan- be a religious and moral person-which though those words are. The closet is possibility of transformation in her eyes. tially different feel from that which she includes rejecting homosexuality-I told much more complicated. So my "coming I've also realized that covering exacts too intended. We now present the story in its her how her truth was different from my out" story has not so much to do with high of a cost for me: I've been less than entirety. truth as a gay person who also believes admitting I'm gay, as much as learning honest, and I've allowed myself to think in God. I pressed her, respectfully but how not to "cover." Professor Kenji I'm protecting others, when in fact, I'm My aunt, also my Godmother, is a unrelentingly, to tell me what was Yoshino has discussed the phenomenon losing an opportunity for real closeness religious conservative who has deep morally wrong with being gay. "The of covering-letting it be known that with others. moral objections to gay people. Even Bible condemns it," or "God made men we're gay, but downplaying our gay- though she knows I'm gay, even though and women for each other," she said. I ness, often for the comfort of others (or -Amy Simmerman, 3L PAGE 14 GEORGETOWN LAW WEEKLY OOPPIINNIIOONN TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 Georgetown Children deserve affirmative rights nutrition, education or health care. Any ed that there are no affirmative rights Law Weekly “The Voice of Justice” takers? No, because there is no child under the Constitution, not even for chil- Matthew Justice who shouldn't be fed nutritious food; be dren. I believe that this is an accurate sheltered in a safe warm house; or see a reading of the Constitution. Because the Sunil Varghese, 3L doctor when ill. And everyone knows it. framers of the Constitution failed to con- Editor-in-Chief As a former teacher, new father and Yet, every state has some truly terri- sider the rights of children, we currently former intern for family law judge, I ble schools, serious child health issues have only a hodge-podge of post hoc Tiphanie Miller, 2L want to tell you about something very and complicated, convoluted systems and ad hoc court decisions in place of Victoria Taylor, 3L near and dear to my heart: the rights of for helping children in need. Many chil- cognizable Constitutional rights for chil- Managing Editors children. Hillary Clinton aptly called the dren's home lives are no better. When I dren. phrase "a slogan in search of a defini- was teaching in rural South Carolina, The best solution to the lack of Benjamin Rubinstein, 2L tion". The Progressives of the early twen- there were children who lived in homes appropriate children's rights is a consti- News Editor tieth century believed that children had without floors, and children who slept tutional amendment granting children affirmative rights, rights to things like on the floor because they had no beds. rights to education, healthcare, food and Sarah Hale, 2L food and shelter and education and People frequently don't believe me when shelter. Similar amendments have been Features Editor health care and so forth. The so-called I tell them this. Maybe they just don't proposed several times, most recently by children's rights movement of the 1960's want to believe it. Jesse Jackson, Jr. There is little energy in Thomas Leroe-Munoz, 2L radicalized the notion of children's rights I'm not upset about the lack of char- Congress for such an amendment Sports Editor to include a push for voting rights at age itableness or pity, but on the absence of because disadvantaged children are just 12, for example, and the negative rights, any outraged sense of justice on the part about the most powerless group of Keith Parsons, 3L privileges, and immunities enjoyed by of the American people or our leaders. Americans imaginable. In a classic prob- Commentaries Editor American adults. They believed that All children should have affirmative lem of collective action, parents worry children ought to be respected as the rights, not because "they are our future," almost exclusively about their own chil- Brianne Kennedy equals of adults and thought that chil- or because "they are innocent," or dren, to hell with everyone else's chil- Matthew Cook, 2L dren ought to be able to go where they because "they'll cost us more in prison dren. While everyone would be better Ellen Padilla, 3L wanted and do and say as they please costs later if we don't help them now." off with a safe, integrated, diverse Christina Schoppert, 1L without the interference of an "ageist" No, in my anachronistic view, we ought Washington D.C., for example, individ- Assistant Editors government. Such advocates called not appeal to our self-interest in arguing ual families leave the city at the drop of a themselves "child rights advocates," but for children's affirmative rights. As I see hat when they think that their child will Zach Bertke, 2L are more accurately called "nuts." it, children already have such rights, and be better off in Fairfax or a private Sean Byrne, 3L Children are not adults and should not we must simply recognize them. school. After enough families with Devin Cain, 1L be treated as such. Thomas Jefferson didn't write that rights money and influence leave, the quality Emily Camastra, 2L The radicalization is upsetting are created by men who vote, but of the schools and of life in D.C. declines, Brian Corcoran, 1L because it obfuscates the Progressive instead that rights are endowed by their until some of the schools and neighbor- Jacob Cote, 1L children's rights movement, which con- creator. Rights are discovered, not hoods become terrible places to raise a Nancy Eyl, 2L tinues to present an overwhelming case invented. The laws of science and of child. In the tension between states Jennifer Gaspar, 1L for improving schools, nutrition, health- nature expose the error of the framers in rights, federal budgetary constraints, Zeeshan Hafeez, 2L care, counseling and care provided by failing to consider children in the cre- and interest group politics, we uncon- Prashina Gagoomal, 1L social workers for children. Adults prop- ation of this nation. Children cannot care scionably ignore the natural truth that David Graham, 2L erly suffer from their own bad choices, for themselves, so adults have a natural we have a responsibility to care for our Matthew Justice, 3L but children should not suffer for their duty to provide for them. This means American children. Erik Kenerson, 3L parents' mistakes. I dare any Libertarian, that there are natural, affirmative rights Matthew Justice is a 3L. Reach him at Mike Mancini, 2L Communist, Nazi or Republican to pub- for children. However, several Supreme [email protected]. Mark Nabong, 3L licly declare that they are against child Court decisions have emphatically stat- Christopher Neumeyer, 3L Adam Pekor, 2L Harsha Rao, 3L Adam Taylor, 1L Matthew S. Schwartz, 3L Kartik Sharma, 2L Julia Zhang, 1L Staff Reporters & Writers

Marika Maris, 3L Staff Photographers

The Rev. Robert F. Drinan Faculty Advisor

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Georgetown Law Weekly is published during the school year by students at Georgetown University Law Center in Washington, D.C. The Law Weekly is composed on Quark XPress 6.1 and is printed by Southern Maryland Publishing. The writing, graphics and design are the responsibility of Law Weekly and do not necessarily represent the views of the Law Center. Signed columns repre- sent the beliefs of the writer, and not necessarily the views of either the Law Center or the Law Weekly. Letters to the editor should not exceed 700 words and should be submitted as e-mail attachment in Microsoft Word. The Law Weekly reserves the right to edit submissions. by Christina Pamies, 1L TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 OOPPIINNIIOONN GEORGETOWN LAW WEEKLY PAGE 15 New Supreme Court session: the Kennedy Court? Rehnquist Court might be dead, and not if the Warren Court had been a syco- make good on his promise to attempt to “The John Galt Line” just in name. phant to stare decisis. Thankfully, the decide more cases per year. It is shame- Jacob Cote First, there is Roberts' affinity for Court did the right thing and followed ful that the Court only decides approxi- unanimity on the court. At first blush, the Constitution - and did so unani- mately 80 cases a year when it used to this seems harmless enough, even bene- mously. Hopefully, Roberts and Alito decide twice that many. Last year was a year of transition for ficial. A court that reaches its decisions do the right thing, and their remarks on Understandably, the percentage of cases the Supreme Court. But the transition is unanimously fosters respect for and con- stare decisis were more the product of it decides will fall year after year, but the over; the honeymoon is over. With the fidence in its decisions and in the Court judicial confirmation politics than their absolute number should remain the new term, the Roberts Court is going to itself as the impartial judiciary it was judicial philosophies. same. If the court deserves its reputation define exactly what it means to be the intended to be, not as the political branch Equally troubling is their deference of out-of-touch, ivory tower elitism, it is "Roberts Court." Is it going to be a neo- it has become. But what is more impor- to the legislature. Like judicial precedent, partly because of its failure to hear a sig- Rehnquist Court, a new and improved tant, being unanimous, or being right? legislative precedent has its place, and nificant number of cases, especially Rehnquist Court or is it going to be Ideally, these are not mutually exclusive, that place is below the Constitution. when a justice only has to write approxi- something different, perhaps something but unfortunately, in practice, reaching Legislative deference is appropriate on mately one opinion a month and has worse? the hard, right decision often means political, policy and technical judgments ample "help" from his law clerks. But The Rehnquist Court was far from reaching it by a 5-4 majority. Of course, about which the Court has no or little "quality over quantity" has long been my perfect, but it was a better court than its the Roberts Court should, within reason, interest or knowledge. But those legisla- mantra, and it should be the Court's. predecessor, the Burger Court, at least strive for unanimous decisions, or at tive judgments must be constitutional. Especially if the Court is not going to concerning federalism and the least something more than a 5-4 decision. Just as a judicial ruling is not inherently break 100 cases a year, it should take Commerce Clause. The Rehnquist Although last term the Court reached constitutional by virtue of it being decid- only the most pressing constitutional Court's federalism and Commerce more unanimous decisions than it had in ed, neither is a bill constitutional by questions that concern all Americans, Clause jurisprudence was the Supreme years past, there were fewer unanimous virtue of it passing. The reason why cer- instead of getting bogged down in eso- Court's finest since before the New Deal. decisions than predicted. Hopefully, this tain senators aggressively questioned teric matters of no relevance to anyone The Rehnquist Court actually attempted means that the Roberts Court under- Roberts and Alito regarding legislative but law review editors, law school aca- to live within the structure of our gov- stands what the Rehnquist Court under- deference is because they were upset demia and the justices and their law ernment and to read literally not only the stood, that it is better to be right than that some - but not the vast majority - of clerks themselves. Commerce Clause - that is, the original popular. The old saying "what's right their laws had been struck down by the While the replacement of O'Connor meaning of the Commerce Clause - isn't always popular; what's popular isn't allegedly activist Rehnquist Court. But may be problematic from a federalist which is to say, the meaning of the always right" applies to the classroom as many of those laws needed to be struck angle, it is promising from First Commerce Clause - but also the Tenth well as the courtroom. down, and Congress, which for decades Amendment and Fourteenth Amendment. The notion that the federal Potentially more troubling is had never been told that it had over- Amendment perspectives, where government possesses an essentially Roberts' and Alito's affinity for stare stepped its boundaries, needed to be put O'Connor's jurisprudence was not par- unlimited power over commerce was decisis. In theory, there is nothing wrong in its place. If anyone was being deferen- ticularly strong. Conceivably, the court dead, or dying, until the very end of the with stare decisis. A hallmark of conser- tial, it was the Rehnquist Court, to the now has a 5-4 majority, with Roberts and Rehnquist Court (Gonzales v. Raich). vative and responsible jurisprudence is Constitution. Roberts and Alito should Alito, to drive the final nail in the coffin Hopefully the Roberts Court can respect for judicial precedent. But there not be afraid to risk the specter of judicial of campaign finance "reform" and affir- carry on - and improve upon - the tradi- is a difference between respect and blind activism by striking down unconstitu- mative action, which offend the First and tion that was the Rehnquist Court in its deference. The Court should take into tional legislation. During their confirma- Fourteenth Amendments, respectively. heyday (United States v. Lopez). But this is consideration precedent - and the rea- tion hearings, hopefully they were Much of this depends not on Roberts or up in the air, given the replacement of soning behind it - but at the end of the telling Congress what it wanted to hear, Alito, but on Kennedy. If this is to Rehnquist and O'Connor with Roberts day, the Supreme Court is bound to but when it comes time to consider the become more the Kennedy Court than and Alito. Whatever his faults, uphold the Constitution, not other peo- constitutionality of federal law, Roberts the Roberts Court, let us hope it is not Rehnquist was the Justice when it came ples' opinions as to what the and Alito will tell the country what it Kennedy the neo-O'Connor "moderate" to federalism and the Commerce Clause, Constitution says. There are some needs to hear, which is what the swing-vote, but Kennedy the libertarian. and O'Connor was one of his key allies. Supreme Court rulings that are wrong Constitution says. But three aspects in particular about and need to be overturned. Plessy v. There are some rays of sunshine on Jacob Cote can be reached their replacements suggest that the Ferguson might still be the law of the land the horizon. Hopefully, Roberts will [email protected] American politics: the vicious circle of hypocrisy sets the stage for the process to repeat a wider range of issues and controversies but less doctrinally pure, are either itself. As seen in Mark Foley's case, it than does the political process. This rea- repelled or forced to kowtow to the pre- Kartik Sharma allowed a man to be elected to Congress soning is ultimately based on the vailing moral climate. It is what drove based on lip service to "family values" assumption that TV is a better indicator John McCain into the arms of Jerry politics. Since he has been revealed as the of public preferences than our system of Falwell despite his having previously The ongoing saga of Mark Foley's auteur of electronic erotica aimed at representative democracy, a claim that denounced the Reverend as a symbol of grammatically objectionable and sexual- teenaged "studs," his malignancy has doesn't seem far-fetched when one con- all that was wrong with politics. ly infelicitous communications with con- given greater momentum to the cause of siders that more people watch TV than The Vicious Circle of Hypocrisy can gressional pages has been thoroughly protecting "family values," and has creat- vote, and that the frequency of feedback only be broken through a change in atti- dissected, lampooned and otherwise ed an environment that is ripe for dema- provided by TV viewers (through daily tudes at the grass roots level. The advo- talked to death by a slew of politicians, goguery. Nielsen ratings etc.) is much greater than cates of morality have to realize that late-night comedians and assorted social Like all vicious circles, this one the one provided for by the political requiring a candidate for public office to commentators for quite some time. So, needs a nurturing environment in which process. The fact that more people voted pass a litmus test on values is a self- instead of venting manufactured out- to grow. While there are several factors for the last American Idol than the cur- defeating exercise. It does not ensure or rage on Foley's foibles, I would like to that contribute to the phenomenon, the rent President of the United States serves even increase the chance of electing a comment on the social climate that fos- imposition of an oppressive and unreal- to further bolster the accuracy of this person of moral virtue, but does bias the ters the rise of such figures in positions of istic morality upon American public dis- assumption. process in favor of people of negotiable authority. course is essentially what drives our Anyone who participated in Early integrity. Those who extol virtue while Power corrupts, and, as is demon- Vicious Circle of Hypocrisy. The rising Interview Week is probably familiar steeped in vice serve neither the general strated by examples strewn throughout political clout of social conservatives and with the concept of a sterilized discourse. public nor their base, but only them- history and geography, it is invariably other nostalgics, who advocate a return A week of interviews spent as pleasant, selves. This does not mean that there is accompanied by hypocrisy. Yet Foley's to a romanticized version of a 1950s soci- informed, interested yet otherwise lobot- no room for morality in public life, but spectacular fall from grace cannot be ety that never actually existed, is respon- omized bluebooking machines is an only that something as personal and attributed solely to the background level sible for the bowdlerization of the public excellent example of a process that in intrinsic as morality cannot be foisted of arrogance and egocentricity that is sphere and the sterilization of its dis- some crucial respects is entirely without upon others. Those who wish to pro- second nature to those in power. It is course. meaning. Just as EIW favors those who mote their own version of morality will rather more illustrative of a self-perpetu- That the public discourse is sterile can most sincerely fake a zealous interest be better served by public dialogue than ating trend that is currently dominant in and warped seems beyond dispute in one of the few hundred nearly-identi- through manipulating the political our political discourse and that can be when one compares it to the vast major- cal law firms, a political discourse domi- process. The standards to which we hold best called a Vicious Circle of Hypocrisy. ity of privately-oriented discourse. The nated by the sensibilities of "values vot- our leaders should therefore be ones that This vicious circle is most readily differences between C-SPAN and any ers" is biased towards the most sancti- are based on ethics rather than morals. If described as a phenomenon that creates other network, including PBS, are strik- monious and holier-than-thou candi- we do not, our system of government a system in which the duplicitous are ing to behold not just stylistically, but dates. The shameless pontification and will remain the province of hucksters most likely to succeed. The eventual also substantively. While they are not chest-thumping by self-styled guardians and hypocrites. exposure of their deceit then reinforces exactly paragons of creativity, the pri- of the nation's virtue cheapens the entire Kartik Sharma is a 2L. He can be the socio-political environment that ini- vate networks have an infinitely greater political process. Potential candidates reached at [email protected] tially permitted hypocrisy to thrive, and variety of moral viewpoints and address who are better suited for public service, PAGE 16 GEORGETOWN LAW WEEKLY OOPPIINNIIOONN TUESDAY, OCT. 17 TO MONDAY, OCT. 23, 2006 The beer bong: horrid threat to campus security overtones and irony, a combination the fraternity today has nothing to do lated him, but the damage had been David Graham the folks back home never would have with Greek letters or ducal crowns. done: my O'Doul's had gone unsipped allowed. Before the beer bong, guys The symbol is the beer bong, and I in disgust, and I hadn't been able to never wanted to wrap their lips came face-to-face with one while read more than half of the textbook I'd around a lengthy inch-wide hose and admiring the scenic and unspoiled brought with me. My friends, I have grave news: we suck the juice out, but nowadays Potomac River. Getting rid of the beer bong hard- have an infection here at the Law Hollywood wants us to think that's the I would have stopped the bonging ly solved the problem, however. That Center, and its name is the frat crowd. cool thing to do. The beer bong has immediately, but, uh, frankly the case was like pulling down the statue of As a conscientious student intent on contributed to the gayification of history behind Me v. Frat Guy isn't the Saddam in Baghdad; ok, nice symbolic continuing his string of stellar grades America and, if I may say so, the most encouraging. No matter how gesture and/or precisely-calculated and excellent legal craftsmanship, this inevitable divine retribution that is an much probable cause I have or how media event, but uhh... yeah. That offends me. I discovered the problem inescapable byproduct of that gayifi- much irrefutable evidence is on my wasn't exactly the end of things over while attending the Fall Float two cation. But this scenario is also pretty side, the pugilistic jury always seems there, and we have a lot of work to do weeks ago, and I have only recently ironic; frat guys are big homophobes, to side with said Frat Guy and the here as well. After all, these people recovered enough from the experience so it's great that they're the ones who judge always seems to hand down a still go to school here, and even more to write about it. Oh, don't get me love getting on their knees, sticking sentence of a broken face or two, so I are trying to infiltrate our campus wrong, the event in general was great; giant plastic urethras in their mouths wasn't gonna actually - like, personal- every year. Don't be fooled; they don't the ship was beautiful, the food was and letting those liquids loose. Of ly, myself - do anything. After unbear- act how they do because of anything excellent, all the people I regularly see course, I hate homophobes, but this able minutes of watching these degen- we're doing to them. This is a war of but don't talk to were there and the ironic humor is still unacceptable. erates do this, my knight in blonde civilizations, of bad against good, first years' misconception that the Fall After all, laughter is what killed some armor finally showed up to stop wrong against right, politically-secular Float Fall Semester of Law School dude in the Bible, or so I've heard. things. She let them know that, you anything-goes rock-and-roll lovers Two-and-a-Half-Hour Minor Event The beer bong was originally a know what, an event dedicated to the against uptight fundamentalist teeto- With People You Don't Know Yet is medieval torture device intended to indulgences of over-drinking, -eating talers, you know, them against us. the fanciness equivalent of high school kill, through heinous overdrinking, and -socializing just ain't the place for Make no mistake, their goal is take prom impressed us all. But there was a but was in time adopted by the tortur- the efficient consumption of alcohol. over, and they can't wait to force their problem: someone brought a beer ers; after all, for them, much like the The reins of consistency no doubt big ol' beer bongs right down our bong. John Yoos of today, crazy intoxication required her to then tell the fat people throats. So what should we do about For those who don't know, a beer and a complete disregard for moral that eating plate after already-paid- this? Well, we have to do something, bong, or "funnel" as uppity East and legal constitutions were more for-buffet plate was reprehensible, and because conciliatory gestures only Coasters like to say, is a gadget that occupational boons than hazards. And then to also tell the social butterflies make them think we're weak. employs gravity to ram its insides who are the heirs to those crazy tortur- intent on meeting lots of new people Personally, my solution would be to down the throat of the person doing ers? Modern American frat guys. that, hey, this is a Georgetown Law only let in students from a select group the beer bong, like an Alien pod mon- They've inherited not only a love of event, you can only socialize with peo- of schools we can trust, places like Bob ster using human stomachs to gestate and excellence at causing pain, but ple you already know, don't go crazy Jones "University", "Liberty" baby Aliens. It has a funnel at the top, they've also been given the beer bong meeting new people all willy-nilly. "University" and other highly-ranked a tube attached at one side to the fun- as well. How they got good enough Regrettably, I missed those conversa- Jesus camps, but I'm open to sugges- nel and, when in use, a mouth LSAT scores or who their probably- tions; I was too busy watching the frat tions. I'm sorry, but people enjoying attached to the tube's other side. rich fathers bribed to get them in here, guys continue to use their beer bong. themselves? That's sort of my pet They're terrible contraptions, and not I have no clue, but here they are. Frat I'd nearly lost hope that they would peeve. just because they involve Satan guys: plaguing and ridiculing my notice how annoyed I was when some- Brand™ Devil's Intoxicating Liquid. desire to live vicariously through writ- one who worked on the ship finally David Graham is a 2L. Contact him at They're also tinged with homosexual ten fiction since 2001. The symbol of came over and just took it. I congratu- [email protected] Law Center is experiencing technical difficulties over, along with PowerPoint presenta- ing for some tech to return from holi- some students have already taken on tions. In the age of iPod campus tours day to operate the equipement here? legal responsibilities in clinics. Second, Bo Cui (google "Duke iPod First-Year Furthermore, compared to the per- students have been silent about this Experience") and Palm Pilot medical vasiveness of our next problem, the problem. Not as a result of oppression, textbooks, for some reason, law stu- last two are nothing. Just like our but simply a matter of carelessness or It's that time of the year again; the dents must still carry numerous hard- iTunes v. cassette discord, our wireless ignorance. After all, we are lawyers, SBA elections are coming. My concern covers, supplements and a laptop. network is equally strange, and much not techies, right? But how could any lies not in anticipating the fights for the Of course, I wish the textbooks more disturbing. Without going into good and responsible lawyer argue SBA presidency (see Barzelay.net), or in were the end of our miseries. Several the technical details, the short form of that it is not within his responsibility to working up a set of rules to measure weeks ago, I missed a few lines of rea- our problems is: ANYONE can sit in protect clients' confidential data? my 1L representatives by, not even in soning in class. On my way home, I classes with an ordinary laptop and Consequently, how can any one claim digging up a story on the 3L represen- randomly remembered that it was a intercept his classmates' credit card that proficiency in technology is irrele- tative that went crazy (google "Chen religious holiday and decided to take numbers, email passwords and IM vant to our professional pursuit? This Fong Goh"). This year the elections advantage of the class recordings at messages through the school wireless is the 21st Century and we have come were postponed because the sole tech AudioVisual Services. On the sponta- networks. Interestingly, again, the to rely on a set of tools based on tech- capable of running the polling soft- neous detour, I was praying to get school has the equipment necessary to nology. As lawyers, we need to under- ware went out of the country. As we away with only having a flash drive altogether remove this problem, but stand the various dimensions of these sat here and waited, I became con- instead of a CD, but instead I was they currently do not operate the wire- tools to protect our clients and our- cerned with the technological aspect of greeted with by a sign that said "we less access points to their fullest capac- selves. the elections, and, in fact, my technolo- only take high speed 120s." For those ity. What lone techie are we waiting for Georgetown is a great place for gy experience at the Law Center in who don't even know what a "high this time? learning. It has a world-class faculty, general. speed 120" is, it's a cassette! I don't Maybe the Law Center can dismiss two great libraries and a number of Admittedly, we are law students. even have a cassette player! This this problem for the lack of technical courts in its proximity. Its technology The law is our interest, and with it, the wouldn't have seemed as ridiculous competence among students, but the infrastructure, however, is a strong requisite jargon-tossing and book- and surprising, if I hadn't known at the step-by-step instructions on Google contrast to its prominence in legal devouring. Apparently, unless you're a time that the Law Center broadcasts its can be followed by any layman to set scholarship. In some ways, the technol- patent law student, technology is not a events through Podcast. Indeed, if it up any computer in 10 minutes flat (I ogy here even undermines teaching. part of your interest at Georgetown, has invested in the software and hard- would tell you what to google for, but Since these inadequacies have allowed not by a long shot. This is exactly our ware to put events on iTunes, why is I would much rather the school not me to alarm my fellow students to the problem. the Law Center letting this equipment accuse me of impropriety). Yet, the implications of technology in lawyer- As euphoric as I am lugging collect dust when they could put class- ease of infringing our wireless privacy ing, in certain ways, I am glad that the around my 30-pound backpack every- es there, too? This is no longer the age is not the most important aspect this Law Center is not without flaws. In day, I miss my college days, a simpler of Eight Tracks, or High Speed 120s not problem - the silence around this prob- any event, watch out for what you do time when I just needed to carry a one- even CDs. This is the age of iPods and lem is. First, intercepting wireless traf- on your computer; some people might subject notebook or a laptop to classes. Mp3s. If the Law Center actually wants fic doesn't set off any alarms. catch you talking about what you did As a computer science major in college, to improve teaching, which is the very Unbeknownst to the user, his privacy last summer. I still remember the days when most of goal behind providing class recordings is lost. As lawyers, if the opposing con- the computer science textbooks were on religious holidays in the first place, sul is intercepting our data, the breach Bo Cui is a 1L. He can be reached for paper. However, two to three years then it ought to do so in a more dis- of our wireless security would have comment at ago, paper faded out and PDFs took tributable format. Are we again wait- legal consequences, especially since [email protected]