The Commentator Made Its First Ever Appearance on the Popular Law-Gossip Blog Above the Law (ATL)
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THE COMMEN T A T OR Vol. XLII, No. 3 The Student Newspaper of the New York University School of Law October 15, 2008 Like Communism, New Constitutional Scholars Argue Over UNIQLO Robot Is Cool in Presidency, Don’t Come to Resolution BY ANDREW GEHRIN G ’09 Hours before the presiden- Theory, Lame in Practice tial debate on Tuesday, October 7, two giants in the field of constitutional law—Roger Pi- lon, Director of the Center for Constitutional Studies at the Cato Institute, and Geoffrey Stone, professor at the Universi- ty of Chicago Law School—were brought together by the Federal- ist Society for their own debate about the presidential candidates’ potential effects on the makeup of the Supreme Court. Their dis- cussion, and the free cupcakes, filled a Vanderbilt Hall lecture room to capacity. Stone, who is currently a Roger Pilon, left, defended the conservative side of the spectrum in his debate visiting professor at NYU, opened with Geoffrey Stone, right, about how the candidates’ potential Supreme Court the debate in a relaxed fashion, appointees should affect for whom people vote in the November election. jokingly declaring that he was on “the side of truth, justice, and the on the bench. Neither label sug- claim that his speech would be American way.” Though nomi- gests that a justice is not activist; like “a trip through the Louvre nally defending Obama, Stone’s rather, they simply indicate how on roller skates,” inasmuch as he opening focused on his interpreta- the justices make use of the law. didn’t have nearly enough time to tion of the current makeup of the Liberals, he claimed, use their say everything he wanted to. He Supreme Court. He dispensed with power to help the oppressed. In nevertheless managed to throw in the notion that, simply because a contrast, conservatives strike a number of offhand remarks that number of recent decisions have down laws in an unprincipled sparked interest in the crowd, as, been decided by 5 to 4 votes, fashion to advance the aims of for instance, when he claimed that the Court is balanced. Rather, he political conservatism. Lochner v. New York—notorious for argued, any Court would have a Pilon was the near physical the limits it placed on government number of split decisions because opposite of Stone: a shorter and power—wasn’t wrongly decided. Robert Gerrity it decides hard cases, which—by thinner man with half-moon glass- Essentially, Pilon’s contention definition—are those that would es, he wore a full suit, presenting was that the Constitution provides UNIQLO’s SoHo location is now home to Mitsubishi Heavy Industries’ divide the justices. a stark contrast to the jacketless only enumerated and limited pow- “Wakamaru” humanoid robot. While Wakamaru is supposed to respond Stone moved on to contend flamboyance of the orange-shirted ers to the government. The federal to a variety of English commands and assist (or at least amuse) UNIQLO that the current Court is extremely Stone. Despite their differences in government of today has strayed shoppers, he prefers to lead shoppers in four second “let’s exercise” routines. conservative by historical stan- appearance, Pilon was equally laid from that state as a result of the What does this have to do with law school? Very little—until Wakamaru dards. He asserted that Alito, back as he opened his half of the 1937 court-packing plan. The learns to review discovery documents and complete due diligence research, Roberts, Scalia, and Thomas are debate, jocularly indicating that only way to recover governmental eliminating the need for first-year associates. the four most conservative justices his “enthusiasm for the Republican restraint, Pilon argued, is through to have ever held the bench and party is inversely proportional originalist justices. quoted Justice Stevens as say- to the enthusiasm that Sarah Pa- Though the debaters hardly ing that every appointment since lin shows for it.” He continued mentioned the election itself or the 1970s has moved the Court by gently ribbing his opponent: the candidates’ names, the impli- Legal Briefs further to the right. Given that “Stone has managed to get himself cations of their arguments were Ginsberg, Souter, and Stevens— to the left of the New York Times clear: Stone saw the conserva- O.J. Simpson was convicted of armed robbery and kidnap- typically considered the more editorial page.” tive progression of the Court as ping on October 3, exactly 13 years after he was acquitted of the liberal justices—are anticipated to When he moved on to the endangering protection of rights murders of Ron Goldman and Nicole Brown. be the next to step down, Obama’s substance of the debate, Pilon for minorities, while Pilon saw replacements could only hope made clear the central thrust of liberal activists as empowering the to preserve the current balance, his argument: the most important federal government to a dangerous The University of Michigan Law School has announced the while McCain’s would continue function of the Court is to ap- extent. Despite their obviously creation of its Wolverine Scholars Program, which will allow the rightward progression. ply the law, which may or may divergent views—at one point, undergraduates at the university with a GPA of 3.8 or higher The upshot of Stone’s argu- not coincide with helping the Stone exclaimed “I couldn’t dis- ment became apparent as he be- under-represented. As he warmed agree more!” after Pilon finished a to apply to the law school without taking the LSAT. gan talking about what it means to his topic, he began speaking thought—the debate ended with a to be “liberal” or “conservative” rapidly, giving credence to his handshake and on friendly terms. The Commentator made its first ever appearance on the popular law-gossip blog Above the Law (ATL). The site lam- basted an editorial run in these pages on October 1. Reached Every day you’re inundated with news and opinions about the for comment, Andrew Gehring ’09, the piece’s author, said, “I upcoming election. The Commentator has been silent on the issue until guess no one read my editorial last year about how I wish people now, and we’re sorry about that. We’ve now rectified the mistake. page 2 would stop submitting inane NYU news to ATL.” Getting drunk in the Village isn’t something people typically have a On October 7, NYU Law held a mock trial for Luis Posada Infra hard time doing. Doing it cheaply, though, is another matter. page 3 Carriles, former CIA operative and anti-Castro Cuban. Carilles was given asylum in America despite having admitted to being There’s something special about flag football, especially when it’s played involved with terrorist atacks in Cuba. In real life, charges against by soon-to-be lawyers. Get all the gory details. page 4 Posada were dismissed in May of 2007. Commentator Op/Eds Page 2 October 15, 2008 SBA Planning Parties, Obama Is Change, But He Needs Your Help BY DA NIEL HU G HES ’09 the plummeting Dow Jones nearly a 2-to-1 margin. With just a Industrial Average displayed few days left before the election, Elections, Another Party Eight years of Bush eco- prominently on the screen. the time has come to turn that sup- nomic policies have been an Within three hours, McCain port into votes. BY CA RLY LEINHEISER ’09 Fall Ball. The Office of Stu- abject failure. Since 2001, 1.6 reversed course entirely, saying As students, each of us has a dent Affairs will graciously be million Americans have lost that the fundamentals of the role to play in this election. If you Fall is a busy and exciting putting on this event for us in their jobs. Unemployment economy were “threatened.” haven’t already, register to vote or time for the Student Bar Asso- Vanderbilt Hall on Thursday, and poverty are both on the While McCain was busy col- request an absentee ballot. If you ciation (SBA). Our social chairs, October 30. Ah, the glory of rise. Income inequality is at lecting his thoughts, the Dow are from New York, find your local Nish Chari ’10 and Natalie Fall Ball—there really is noth- its highest level since 1928. dropped 550 points. polling place. Talk to friends, fam- Reyes ’10, have put together a ing like dancing awkwardly with Home foreclosures are reach- Rather than erratically shift- ily, classmates, and neighbors about great social committee to keep your Lawyering T.A., dressed in ing unprecedented levels. The ing his policies, Senator Barack voting and even help them get to the bringing you Thursday night an ill-advised law school pun federal budget has reversed Obama has consistently offered polls. Convince your professors to parties. And we have elections costume, in the very same room from growing surpluses to a plan to put American back on reschedule class so that students coming up! On October 15 and where you saw Justice Breyer massive deficits. track. First, an Obama admin- have time to vote or volunteer. 16, we’ll be holding elections deliver a speech. Fall Ball is a Senator John McCain has istration will stop corruption The Law Democrats will be for 1L, LLM, and transfer rep- great chance for the entire law supported this ruinous policy and create transparency both providing dozens of opportuni- resentatives. We’ll also confirm school community to come to- during his long tenure in Con- on Wall Street and in the federal ties to volunteer before Election the appointment of our treasurer gether, unwind, and show off our gress and has no plans to change government.