United Stateswithdraw from the UN. suggestion iseven made thatthe fulness orbias. Sometimes the fo cians to chastisethe organization, f dubious legitimacy. It isnot unusual as amere politicalorganization of sometimes view the UnitedNations ntewba w.mthl.d/urn/oaaei/tdn_rsoiinhm Volume 48,Issue2,Winter2001 on theweb atwww.wmitchell.edu/current/nonacademic/student_orgs/opinion.html Law, WilliamMitchell CollegeofLaw By: Anthony S.Winer, Professor of by as aninstrument of nationalpolicy language isintended to outlawwar independence of any state".This the territorial integrity orpolitical prohibits "the use of force against spirit thatArticle 2(4)of the Charter be legally permissible. It is inthis r to that the new document would help victorious from World War IIhoped in 1945,the countries thatemerged be doing inthe future. in recent weeks, and whatthey may what U.S.officials have beendoing international-law basisof much of background for understanding the UN Charter. Thisshould provide a tional lawprinciples setforth inthe from the perspective of the interna- began withthe September11attacks re ously. take the UNand the UNCharterseri- seriously inthe modern era must who wants to take international law national law. Like itornot, anyone muc UN forces pursuant to them, provide and actions taken by countries and to dubious. Quite simply, the manda- the UNCharter, are not the least bit the UNand its founding instrument, of 11 Assault, The or Senators and other federal politi- ecourse to war by stateswould not The September view the chainof key events that r example, for inefficiency, waste- international law, the positionof H Po When the UNCharterwas adopted The purposeof thisessayisto ry provisions of the UNCharter, establishaworld inwhich any UNmember state. And TheU.N. ow h of the basisfor modern inter- litical figures inthiscountry eve Response, PHOTO COURTESY OF WMCL PUBLIC RELATIONS October 7 r, Charter under current doctrines OPINION

continued onpage12 The William Mitchell College of LawStudent Newspaper a Afghanistan in its decade-long fight le In 1979,atthe age of 22,binLaden close tiesto the Saudi w Arabia, one of twenty sons of a Pe the World Trade Center and the the September 11,2001attacks on m terrorism. places atthe center of the war on sis of some of the central people and this article to provide abriefsynop- Afghanistan. It isthe purposeof base campsof known terrorists in America had just begunits attack on At terrorism to ever occuronits soil. w T 1998 bombings inKenya and soldiers inSaudi Arabia, and the Center, the 1996killing of 19U.S. 1993 bombing of the World Trade l U.S., binLaden isresponsible for at I Laden hasanetwork of over 3000 bin Laden. It isestimatedthat bin States and the group isfinanced by including, allegedly, the United has cells innumerous countries as the Al-Qaida.The Al-Qaidagroup international terrorist group known the Taliban. has since lived under protection of r e pressure resulted inbinLaden being until 1996,when U.S.and Egyptian s He him because of hisextremist views. w 1990’s, bin Laden’s Saudi citizenship Construction Group. Inthe early tion business, the binLaden r he Ru Jeddah, Saudi Arabia. In 1989,after King Abdul-AzizUniversity in d Islamic militants. has anetwork of over 3000 It isestimatedthatbinLaden By ChrisFrank, WMCL-4L east three other major attacks: the slamic militants. According to the eturned to Afghanistan where he esume work inthe family construc- What You Need anzania. gainst Russian invasion. xpelled from Sudan. He then egree inPublic Administration from ealthy construction magnate with as stunned by the greatest act of as revoked and hisfamily disowned ft Saudi Arabia to support ost to bethe manresponsible for Osama binLaden isconsidered by Osama binLaden On September11,2001,America Osama binLaden isthe leader of an In 1981,binLaden received a nt the time thiswas written, returned to Saudi Arabia to ssia withdrew from Afghanistan, pent the next few years inSudan ag on. He was borninSaudi A America: To To ttack on Know continued onpage8 royal fa royal mily. ates. we e graduates. Inthe 1999grant cycle, for ents each year are WilliamMitchell ex has made annual grants totaling in law schools. Inrecent years, LRAP-MN schools aswell asgraduates of other ing graduates from Minnesota law ag attending lawschool. tion rather thanwhile the graduate is the “scholarship” ispaidaftergradua- arship, withthe difference being that are like atraditional need-based schol- me thereby reducing he recipient’s repay- portion of their loan payments, ing publicinterest organizations for a school graduates employed inqualify- (LRAP). These programs reimburse law R established whatare known asLaw states, including Minnesota, have schools and organizations insix positions, approximately 50law ates working inpublicinterest legal per year. tions paysalariesof less than$35,000 Many of the jobs inthese organiza- below those inprivate lawfirms. tions where salariesare significantly other pubicinterest legal organiza- Minneapolis, government agencies and Services), and the LegalAidSocietyof (Southern Minnesota Region Legal organizations such asSMRLS uates who work inlegal services is almost overwhelming for those grad- with lawfirms. The repayment burden who have relatively highpaying jobs cant burden, even for those graduates R graduates was approximately $60,000. The average indebtedness of lastyear’s Mitchell students are no exception. l many students graduate withtotal risen steadily inrecent years and Student lawschool indebtedness has other costs of their legal education. in many casesall,of the tuitionand oans inexcess of $100,000.William PILF SummerStipendChallenge xample, five of the LRAP-MNgrants epayment Assistance Programs epayment of these loans isasignifi- LRAP-MN was established tenyears In order to assistlawschool gradu- M cess of $65,000.Many of the recipi- o. It makes LRAPgrants to qualify- re nt ost lawstudents borrow some, and made to WilliamMitchell gradu- F burden. Inessence, LRAPgrants PHOTO COURTESY OF WMCL PUBLIC RELATIONS By: President andDean aculty Supportof LRAPand Gift Proposal isAwesome Harry J.Haynsworth Calendar. . . 15 Calendar. .11 Career Services .10 Student Organizations Update .9 Random Thoughts .9 Alumni Corner. .5 Spouse’s Sidebar .3 From the Editor. Columns .10 The GoodNews Report I .7 Justice’s Power Grab .6 A Meeting of the Minds .6 America Prays .6 Jihad &Terrorism .5 . Bigots Target School Children P . . 3 Creaky Worldviews .1 Faculty SupportisAwesome A .1 The 9/11Assault. In ThisIssue however, very which isstillunder way. To date, the Centennial CapitalCampaign, cated to LRAPgrants, was included in the income from whichwould bededi- 1995. The creation of anendowment, mine since Icame here asdean in ates hasbeenahighprioritygoal of assistance to WilliamMitchell gradu- award was only$2,500. award was $3,600butthe average the 1999grant cycle, the maximum LRAP-MN guidelines. For example, in maximum they are entitled to under r r Each year many qualifiedlawyers f $900 peryear inthe pastfive years. y through thissystem have varied from LRAP from WilliamMitchell students law school. The contributions to MN- through acheck-off system ateach money lawyers and judges. Some of the come from lawfirms, practicing ho $25,0000 endowed scholarships in Board of Trustees established two f significant restricted endowment gifts memb LRAP grants. One additional faculty endowed scholarships beused for asked thatthe income from these Professors Jones and Marino have the end of the 2000-01academic year. M Paul slam Fundamentals. .7 slam Fundamentals. ar greater thanLRAP-MNcanprovide. or thispurpose. Lastspring the eceive grants receive far less thanthe eceive no grant; and even those who rpcie .4 erspectives ear-to-year buthave averaged about tc nAeia.1 ttack onAmerica Increasingly, the amount of LRAP The actual need for LRAPgrants is Mo no st of the LRAP-MNcontributions r of Professors Paul Jones and er isalso funding anendowment arino, bothof whom retired at comes from lawstudents few do nors have made have nors continued onpage8 Get Better Grades Attend the Live Lecture by Prof. Charles Whitebread University of Southern California Law School “The Eight Secrets of Top Exam Performance” Free Admission courtesy of William Mitchell Law School Wednesday, November 28 Room 319 9:30 a.m.

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For information on preparing for the MN Bar Exam see your BARBRI rep 701 Fourth Avenue South Suite 1710 or call Minneapolis, MN 55415 612-337-9080 612-337-9080 [email protected] The Opinion • Winter 2001 Page 3 From the Editor If you are reading this "From the can do is to go back to our regular Editor" column, then The Opinion daily lives but did we ever really do has, once again, been published. anything else? Our society doesn’t After the events of September 11th, like "down time;" it doesn’t want to it seems arrogant to assume that the allow time for absorbing unpleasant world will continue to go on as it did thoughts. The faster we run, the less before. But for many of us, our daily we have to think about unpleasant lives remain - for the most part - things like the fact that any one of unchanged. I don’t know about you, us could have been sitting around a but that aspect of things is one of conference table in the World Trade Editor-in-Chief: Jennifer D. Henderson the most difficult for me. Center on that day, at a real estate Business Manager: Jennifer Macaulay Like most law students, I rush closing or taking a deposition, oblivi- through each day, barely aware of ous to the face that our lives would Faculty Advisor: Douglas Heidenreich the world around me. My schedule of be over within a few short minutes. work, class and homework requires it. But why think about it, right? Contributing Editors: Chris Frank, Dan Gilchrist, Tracy Harris, But since September 11th, I’ve What good does it do? Thoughts like Mary Kilgus, Jennifer Macaulay, Patrick Ostergren wished for a stop to it all. I want to that only serve to get in the way of be able to take time to think about efficiency and the ability to build what has happened and, in my own wealth. Why shut down a business or Non-student Columnists: Diane Lund, Mike Henderson way, to mourn. a school just because the WTC As the events of September 11th collapsed and the Pentagon is burn- unfolded, I was at work. After the ing? That would only give us time to ©2001 The Opinion, William Mitchell College of Law Student Newspaper second tower of the WTC fell, I dwell on inefficient emotional things wanted desperately to go home - to like sadness, shock, empathy and The Opinion is an independent publication of the Student Bar be with my husband in the safety of sympathy. These emotions have no Association of William Mitchell College of Law. The views expressed in The my own home. I waited, agitated, for value, right? Opinion are those of the authors and do not reflect the views of William some announcement from my I wouldn’t be surprised if the Mitchell College of Law, its employees or its Board of Trustees unless employer that we could go home, but Federal Government declares otherwise noted. it never came. Eventually, I left September 11th a federal holiday to anyway. As I waited for my husband remember and mourn the people lost The Opinion is always seeking quality content for publication. to join me at home, I called William in the terrorist attacks. Too bad we’ll Interested authors may forward articles of not more than 1500 words to Mitchell, hoping my evening class all be at work that day. [email protected]. The Opinion also welcomes letters from read- would be cancelled. It wasn’t; I ers limited to not more than 250 words at the same address. Please skipped. I stopped for a day but Editor-in-Chief, include with all articles and letters your name and contact information, everything around me kept going and and note whether you are a student at William Mitchell. The Opinion keeps going to this day. Jen Henderson reserves the right to edit submissions for clarity or space. They say that the best thing we

Please contact the Editor-in-Chief at [email protected] with Estates and Trusts, 7:30-8:50. We left how "those people" over in specific questions or comments. class and walked through the Afghanistan might be the victims of a commons whence we encountered a new breed of American terrorism. Parties interested in advertising in The Opinion should contact the veritable throng of students, faculty "Those people" and "their families" Business Manager at [email protected]. and staff surrounding the TV’s. I were probably frightened and terror- asked a throngster what was going ized too. on, and they responded that someone I didn’t used to think a lot about view may have just grown exponen- had bombed the World Trade Center New York or D.C. or Pennsylvania. I Creaky tially. That sounds like a good thing and the Pentagon - something about interviewed with a firm in on paper. Maybe it’s not? commercial airplanes. I kept walk- Philadelphia this summer. I thought Worldviews When we live in this insular world, ing. Got in my car and was driving to about Pennsylvania for a few weeks By Jennifer Macaulay, WMCL-4L in the "Midwest," as part of our work when someone called and told before and after that. For all intents family and small coterie of indispen- me we the office was closing for the and purposes, I really didn’t consider We all have stories to tell, anec- sable friends and lovers, with people day. I went home and walked my myself to live in the same place as dotes to share, e-mail prayer lists, we respect and people we despise, dog, and people were coming out of those people I know who live on the candles to light, and memories to cult heroes and heroines and personal their houses just looking at each East Coast or the West Coast or in hold on to. Many of us have lost and professional goals and aspira- other blankly. I returned the favor in other countries. We live in different relatives or friends. No one will soon tions… how often do we really th kind and continued to auto-pilot "places," and we exist at least forget the events of September 11 . consider Afghanistan or Pakistan or myself home. Sorry idealists, this is mentally in these unique places on a We’ve changed as a community, and Uzbekistan, religions and beliefs that not the shock part of the story. This daily basis. There’s really nothing as a nation in no small or insignifi- we don’t espouse, people that we’ve is me on a daily basis. And I would unifying about our existence besides cant fashion. I’m not talking about never met, and cultures that we don’t hasten to guess that it’s most of you the occasional visits, letters, post- the fear… the fact that the army understand. How often should we? too. cards, phone-calls, stupid spam surplus store has an eight-week wait- Are we somehow socially ignorant They closed the University of e-mail jokes. We "keep in touch," or ing list for gas masks, that people are because we don’t think about biologi- Minnesota, and my sister, a student we "touch base" so that we can feel having anxiety attacks in tall office cal warfare while we brush out teeth? there, stopped by to camp on my less separate but we don’t live in the buildings, or that nobody wants to Have we lost touch with reality notoriously comfortable couch to same "place" in any sense of the travel on an airplane. Fear is a tran- because we don’t understand the watch my notoriously mesmerizing TV word. sitive emotion, and emotions are a Muslim religion as well as we under- in the cramped little womb that I call But once I engaged in a cursory transitive state of mind. The changes stand our own, or if we don’t espouse home. Womb it is. There, my sister investigation of my degrees of sepa- in our worldview are not so transi- a religion? Are we naïve and unso- and I sat complacently and emotion- ration from 9/11, I saw the tive, and the way those changes have phisticated because we felt secure lessly watching the gut-wrenching connections. I lost the sense of changed us, and continue to change living in this "most powerful nation human trauma that was, and still is, disconnect that I otherwise deliber- us will be something that historians in the world?" September 11th, as narrated by a vari- ately maintain, that I don’t live in and sociologists will reflect on quizzi- I would describe my reaction to ety of familiar looking talking-heads. the same "place" as "those people." th cally in ten years. I can’t help but September 11 as willfully inept. (I So sad that this has to happen to I realized that those are "my people" reflect on it now. rely on that reaction quite often; it’s "other people," out in that "other and they are from "my place" where So many learned commentators a staple in my emotional war chest.) place." we all live uncomfortably closely have opined that the nation should Others have described it (my And later, as the days passed, and together in "our world." not be so shocked by the events of emotionless response, that is) as a our nation’s leaders decided to send I have a cousin who worked at late. They tell us that nations of sort of cognitively absent "auto- military troops to the Middle East, Morgan Stanley, in the South Tower people have hated the United States, pilot." Others apparently thought again, we thought about how scary of the World Trade Center. He and for good reason, for hundreds of that I secretly felt something very that must be for "those people" and escaped relatively unscathed after years. They tell us, as if we are chil- dark. Truth is, I didn’t have an "their families." I thought briefly the plane hit his building. Another dren, that we are not immune from emotional response. I assumed that about my little brother who just got second cousin worked for the terrorist blitzkrieg, from nuclear something on TV could not possibly out of the Marine Corps. I thought it Department of Defense in the holocaust, from biological warfare. have any significance in my trivial was a good thing he "got out when Pentagon. She didn’t escape and she The world part of our common world- little life. I had class that morning. he did." And then I thought about continued on page 12 Page 4 The Opinion • Winter 2001

should be used by the eight hundred Estoppel, works like this: perceptions of citizens of the United million citizens of the United States When governments and financial States of Africa regarding the impact Perspectives of Africa to question financial and institutions grant loans to rogue of the loan on their rights? International Human Rights economic transactions that have the dictators and unscrupulous leaders in These questions shall be construed Financial Estoppel appearance of impropriety to the developing nations knowing full well strictly against the United States, By Philip Forsang Ndikum, WMCL-2L detriment of Africa. In my work, I or having the slightest reason to Britain, Germany and France when express much hope in an African believe that these loans are siphoned those countries grant loans to the United! Unité! Unidos! I have a Bankruptcy Law and an International into Swiss Banks and offshore United States of Africa or other vision for a United States of Africa. Human Rights Financial Estoppel accounts, and nevertheless accord developing nations. These questions My work on International Human Principle for Africa. I believe that a additional loans to these same rogue trigger the principle of estoppel in Rights started five years ago in bankruptcy system and financial dictators and unscrupulous leaders international finance because England where I studied for an estoppel principles will offer the without evidence that the first loans constructive trust principles apply. LL.B (Hons). Whilst in England, I United States of Africa’s citizens had been properly appropriated, Under International Human Rights won a scholarship to study opportunities to take business risks International Human Rights Estoppel Financial Estoppel, advocates should International Human Rights in and avenues to fresh starts when must bar loan recovery. note that it is malpractice to prepare Strasbourg, France. I graduated from start-ups fail, thus creating opportu- In order for International Human international financial contracts both courses with highest honors and nities necessary for the sustainable Rights Estoppel to apply, I have without taking into account the my work is greatly inspired by the development of the United States of developed an eight-part test. As expectations of citizens of the political and legal super structures I Africa and a viable financial system propounded, the International borrowing country and the human acquainted myself with while in that will spur development. This Human Rights Estoppel rule of law rights treaties that accord them a Strasbourg. article is meant to introduce a new applies if any five of these questions right to development. Citizens of the In the current draft of my book rule of law I propose for international are answered in the negative: United States of Africa would, at last, (International Human Rights, United financial transactions - International First, are the parties who negoti- have a principle in their legal arsenal States of Africa, supervised by Human Rights Financial Estoppel. ated the loan agreement of equal to seek remedies for loans which of Professor Michael Steenson, WMCL Citizens of the United States of financial strength? course did not benefit them in the Professor), I set forth a vision for a Africa (developing countries, so to Second, is the party granting the cold war era in this "fix all" provi- United States of Africa, seeing its speak), can use this principle to loan aware, or does it have reason to sion, International Human Rights implementation through the prism of enforce their newly acquired rights believe, that the government accept- Financial Estoppel. a human rights activist. My vision is under International Human Rights ing the loan mismanages part and that a United States of Africa will Treaties. The new rule of law is a siphons some of the loan money to come about and sustain only when retroactive and prospective remedy Swiss or other offshore accounts? the process of African unity is carried for loans granted or acquired to Third, were officials bribed at the out in the following order. First, promote cold war political agendas. time the loan agreements or financial WORRIED Africans should use international The new rule specifically targets loans transactions were entered into? human rights treaties and the rule of given to developing countries Fourth, is the loan agreement bind- ABOUT EXAMS? law to establish principles to impact (African countries at that time, but ing on citizens of the recipient Come and see a premier the development of Africa. Once now involving citizens of the United country in perpetuity? educator and get some tips these principles are established, the States of Africa) from 1960 to 1990 Fifth, is there a forum clause on taking your exams! rule of law and human rights will by the developed countries, i.e., the choosing a forum in the borrowing Charles Whitebread will be most likely guarantee a climate for United States, Britain, Germany, and country or a neutral third country to coming to William Mitchell to economic prosperity. In this climate, France. adjudicate disputes arising out of the discuss his 8 exam-taking tips! political unity will be achieved and The new rule is based on an inter- loan agreement? sustained as a matter of course. national consensus that all peoples Sixth, does the loan agreement When: November While I clearly believe Africans have a right of self-determination. designate a neutral third party to 28th, 2001 must take charge of their destiny, I (See the International Covenant on adjudicate disputes arising out of the also believe, with good reason, that Economic, Social and Cultural Rights, loan transaction? Where: Room 319 there is an international conspiracy G.A. res. 2200A (xxi), 21 U.N.Gaor Seventh, did the lender apprise Time: Time 9:30 am by some developed nations to under- Supp. (No. 16) at 49, U.N. Doc. itself of international human rights develop Africa, thereby providing a A/6316 (1966), 993 U.N.T.S. 3, treaties that require countries to take This is FREE to all William climate for the perpetual exploitation entered into force January 3, 1976.) into account the welfare of citizens Mitchell Students! of this rich continent with impunity. By virtue of that right, they freely when conducting business in develop- It is in this light that I am developing determine their political status and ing countries? Sponsored by the Student Bar many legal principles to keep the freely pursue their economic, social Eighth, did counsel representing Association and BarBri. international community in check. I and cultural development. The new the countries apprise parties of coun- strongly believe that these principles rule, International Human Rights try conditions, expectation, and The Opinion • Fall 2001 Page 5 Bigots Target School Spouse’s Children - Again Sidebar By Dan Gilchrist, WMCL-4L increased By Mike Henderson booths. They have several tasty yet potent rum drinks of which the persecu- Students and staff at William In September 1957, angry adults Rum Bamboleo was my favorite. tions of Mitchell are blessed to have their violently blocked children from After two of these drinks you’ll Irish school situated in such a lovely entering Central High School in Little wish you were in the Caribbean, Catholics. part of St. Paul. The icing on the Rock, Arkansas in the wake of Brown and after three Rum Bamboleos Oliver cake would have to be the variety v. Board of Education. Federal troops you’ll think you are in the Cromwell’s of great eateries within just a few cleared a path for the students to Caribbean. The El Cubano sand- subsequent blocks of school. For those nights attend school. Pictures of that wich is humongous and very good. siege of when you are lucky enough to historic event evoke not only horror The leftovers alone will get you Ireland in have time to dine together, I’ll tell and resentment, but also bewilder- through the next two days of 1649 ended you about a few of my favorite ment. How can adults harbor such dinner-for-one while your spouse is with massacres of Catholics in places near school to refuel, rabid hatred and why do they direct in class. Droheda and Wexford. Cromwell recharge and relax with my favorite it towards children? In September Often my spouse and I find that forced thousands of Catholics to student. 2001, angry adults violently blocked the only thing that will get us relocate and stripped them of their Since I mentioned cake, let’s even younger children from entering through a grueling week of work land. By 1691, Protestant supremacy start with the restaurant that was Holy Cross Girls Primary School in and school is the promise of icy was sealed when English King William the deciding factor when it came to Belfast, Northern Ireland. Once margaritas and cheesy enchiladas III defeated the Catholic forces of where my spouse would end up again, bigots are violently tormenting on Friday night. To satisfy that James II. going to law school. She’ll tell you innocent schoolchildren. craving, we head to La Cucaracha Catholics in Ireland suffered greatly she chose William Mitchell for its On Monday September 3rd of this Restaurante. The service is always in the subsequent period of British great reputation and honorable year, girls aged 4 to 11 set off for the good, as is the food. It’s a nice occupation, enduring laws that professors, but make no mistake first day of classes at Holy Cross, a escape from the cold of winter, the prevented them from bearing arms, about it, Café Latte’s German Catholic school. Angry Protestant heat of summer or whatever other holding public office and restricting chocolate cake sealed the deal. mobs attempted to block their entry hardship you need to escape from their rights to an education. A bowl of the spicy chicken chili to the school because they did not in order to justify blowing your Landless Catholics died en masse before the barrage of baked goods want Catholics to walk on "their" diet. (We’ve learned to be creative during the famine of the mid- is a great way to spend a winter streets. The Catholic school is with our justifications!) Nineteenth Century while British hour. If tuition included a daily located adjacent to a Protestant Down Grand Avenue towards the landowners stood by as observers. meal at Café Latte, I’m sure William neighborhood. The adults hurled bright lights of Minneapolis is Red Later, after some rights were eventu- Mitchell would skyrocket to the top insults and missiles at the girls as Fish Blue. This is an inexpensive ally restored, the animosity between of the "Best Law Schools in they walked down a 300-yard portion seafood restaurant with dazzling, Catholics and Protestants remained. America" list. of Ardoyne Road. Photographs of the colorful walls and a nice selection Irish Republicans (Irish Catholics Every hard working student (and terrorized children and their frenzied of fresh fish. Don’t go for a stiff supporting an independent Ireland) his or her significant other) needs tormentors are shocking and they drink since the restaurant is too won partial success in 1921 with the a cold beer and plate of hot fries evoke memories of 1957. Sadly, the close to a school to be able to serve Anglo-Irish treaty. This treaty now and then, and for that Billy’s violence did not end on September hard liquor. Instead, enjoy your awarded independence to 26 of is ideal. During the warm-weather 3rd. Each morning the innocent chil- fish tacos with a cold beer or glass Ireland’s 32 counties. Those 26 coun- months Billy’s has a lively deck dren faced growing mobs and of wine (but take my advice and ties became the Irish Free State and that makes it easy to forget about heightened levels of terror. CNN skip the wine-based margarita.) later the Republic of Ireland, the that past-due term paper. Inside, Reported: "Police used clubs and This brings me to my last selec- capitol of which is Dublin. The other Billy’s has pool tables, dart boards shields to force a clear pathway for tion, The Lexington. This long six counties remained under British and plenty of cold beer to take parents to escort their children, some standing supper club is a throw- control as Northern Ireland, with your mind off of school. as young as four, through the front back to the days of Sinatra and the Belfast as the capitol. This partition For me and my significant other, entrance of the Holy Cross Girls Rat Pack with terrific steak and proved a workable compromise until nothing beats a significant slice of Primary school." Over 200 stone- potato dinners in an inviting the 1960’s when the Troubles erupted pizza from The Italian Pie Shoppe. throwing bigots met 45 girls and setting that is a timeless treasure. in Northern Ireland between the The sauce is boss at this unpreten- their worried parents on the first two It’s a great place to dress up a bit, Catholic Republicans and the tious pizza joint, where they excel days of school. By the third day of and celebrate graduating, finishing Protestant Loyalists. at both thin crusted and stuffed classes, 100 of the school’s 230 pupils a semester, making it through a Like African-Americans in the pizzas. Their large pizza paired went to school and braved the Wednesday, remembering your United States, Catholics in Northern with an old fashioned vanilla coke barrage. That day, September 5th, locker combination… . I was my Ireland took to the streets in 1968 to makes for a relaxing evening. The Protestant militants (the Red Hand spouse’s witness for the final trial protest discrimination in voting Italian Pie Shoppe also has outdoor Defenders) tossed a bomb at the chil- in Lawyering but was able to block rights, housing, and employment. seating to calm "classroom fever" dren and their police escort. The out the entire experience thanks to Heavy police crackdowns followed. on warm September days. bombers severely injured two police- post-trial drinks and dinner at The British troops joined the assault on Just a few blocks behind William men, but killed no one. Lexington. Now that’s a restau- Catholic protestors. The most infa- Mitchell is Costellos, St. Paul’s Anne Tanney, the head teacher at rant! mous attack happened in 1972 when version of Cheers with above-aver- the school, said many of the girls Remember, be creative with your British troops fired upon Catholic age bar food and spicy bloody arrived in "a terrible state of panic." justifications and enjoy these demonstrators, killing 14. The marys. It’s a friendly, neighbor- Tanney told the Associated Press: "I'm unique restaurants in the William massacre, dubbed "Bloody Sunday," hood place, though if you walk in really horrified and disgusted that was memorialized by U2’s song Mitchell neighborhood. this kind of thing could happen to and everybody knows your name, "Sunday, Bloody Sunday." A war of you’re probably spending too much children. To think that someone Café Latte sorts followed between the Irish time in the bar or you did some- would throw a blast bomb is unbe- Republican Army and British 850 Grand Avenue lievable." Unbelievable, but true. thing embarrassing the night Loyalists. Many innocent civilians before. Billy’s On Grand Amazingly, the bombing did not end were killed in acts of terror. Neither 857 Grand Avenue the daily torment. No shame befell Just down the street from side’s hands were clean. Costellos is the romantic W.A. Italian Pie Shoppe the Protestant mob. They continued In the late 1990’s, peace talks 777 Grand Avenue taunting the girls throughout the Frost, with one of the city’s best yielded promising results. Britain Costello’s Bar and Grill next full week. No history lesson of outdoor eating spaces. The agreed to allow Northern Ireland to terraced patio is a great place to 393 Selby Avenue the so-called "Troubles" can explain once again rule itself under a away the September 5th bombing or get to know each other again after W.A. Frost Catholic/Protestant power sharing a long semester. Indoors, the bar 374 Selby Avenue the daily harassment. But, as with agreement. Little Rock in 1957, history is the serves a limited selection of food, Bamboleo The Irish Republican Army agreed including a terrific cheeseburger 162 Dale Street North best source of understanding the to disarm. The promise of a peaceful that you won’t find on the menu. La Cucaracha Restaurante hatred – inadequate as it may be. future slipped away however. The England has exercised control over It’s a cozy spot to talk about 36 Dale Street South smoldering mistrust and hatred resur- anything other than student loans, portions of Ireland for hundreds of Red Fish Blue faced. The sad result is that in the exams or class rank. years. In the Sixteenth Century, 1681 Grand Avenue year 2001, young girls were besieged Bamboleo is a new Latin-themed after centuries of colonization by shouting, spitting, stone throw- The Lexington attempts, England expanded its restaurant with warm red walls, ing, and a firebomb on their way to soft candles and high- backed 1096 Grand Avenue domination over Ireland. Queen elementary school. Elizabeth I, a Protestant, oversaw Page 6 The Opinion • Winter 2001

knew that the WTC would be A. The Moslem Council of those means. I cannot see that we Religion attacked, but we human beings did Minnesota, which represents most of Americans, or any other country, not know this because of our limited the Twin Cities’ Mosques, does not could come up with a single-minded knowledge. We just found out approve of this war because we do solution without input from the rest September 11, 2001 when the inci- not think violence and revenge are of the world. For example, if the orum politics dent happened. In Arabic terms, this the appropriate answers for the suspects were Jews, the world F is called "Al-qadar" or destiny or fate. tragedy of September 11, 2001. community should consult with the In other words, it was in God's plan. There are other ways to bring Jewish scholars, their communities, Jihad & Terrorism– The next question is how can we suspects to justice without more loss their representative members of the interpret the action of the human of life. As religious leaders, we world community, the state of Israel An Islamic beings who made this happen, believe that the soul of the human and any other important group or whether they are Jews, Moslems, being is the most sacred creature on person who could participate to set Perspective Christians or others? First, Islam says the earth and that it must be up an international standard for a everyone is responsible for his or her protected from harm. (Koran: solution because we are fighting By Hassan Ali Mohamud actions - good or bad - and he or she Chapter 15.) Therefore, violence is against international terrorists. (Interview by Jennifer Macaulay) will be accountable before God in the not the solution. Right now, I do not think the coali- Day of Judgment. This means the Q. What sort of response do you tion has a strong basis to fight Mr. Mohamud is a WMCL student human being is given free will think your religion would dictate to against world terrorists because there and Imam of Al-taqwa Mosque, (within God's will) to act and there- terrorism? For example, Christianity are divisions among them in terms of located at 804 University Avenue West, fore he or she cannot make mistakes might instruct that we should do defining who is a terrorist and how to St. Paul, Minnesota 55104. He partici- and then use God’s will as an excuse. unto others as we would have done best fight terrorism. Many voices pated in the panel discussion, For example, it is told that the unto ourselves. Christianity is a were not heard prior to the October "Responses to Terrorism: Policy and Prophet Mohamed and his companion peaceful religion too, but it still 7th attack on Afghanistan. Human Rights" which took place once made a mistake and Allah (God) allows for a "proportional response" Q. If the United States is truly October 16th in the William Mitchell revealed a verse of Koran saying: You to violence...i.e., an "eye for an eye, a intending to eradicate the Taliban Auditorium. Below, Mr. Mohamud (Mohamed) and your companion are tooth for a tooth." government in Afghanistan, is it answers some questions posed by responsible for the mistake. (Koran: A. Islam also has the concept of possible for Moslems to support this Jennifer Macaulay. In the adjacent Chapter 4, verse 165.) Therefore, an "eye for an eye," but at the same action? Is this consistent with your article, he outlines some of the funda- killing innocent people and destroy- time, one of the meanings of Islam is faith? mentals of Islam. ing buildings, homes and human peace. The Taliban itself condemned A. It is not possible for Moslems Q. We all know better than to civilizations cannot be justified using the act of terrorism of September 11, to support America’s attempts to judge others merely because of their God's will as an excuse. Whoever 2001. In Islam, we have the concept eradicate the Taliban government for nationality or their religion. The instigated the attack, they did it for of Jihad which is to fight against the following reasons: problem we encounter is that many a purpose and they must be brought injustice, oppression, terrorism and First, on this earth, no religion of the terrorists responsible for the to impartial and international justice any evil act that harms the existence permits the eradication of an ethnic World Trade Center attack, including when the collection of genuine of human beings, the manufacturer of group, a nation, a state or even a bin Laden, believe they are following evidence is completed. As far I civilizations. Jihad, however, has small tribe. The purpose of all reli- God's will. Are they lying? What are know, Islam, Christianity and rules, principals and standards that gions is to protect the life of human they talking about? How do they Judaism are not religions of violence. must be met before an Islamic state beings in order for the world to come to this conclusion? Q. How is our Moslem commu- may call for it. Therefore, the first continue to exist. If there are evil A. In Islam, we have the nity in the Twin Cities reacting to step is to find out the most peaceful individuals, there are means to concept of fate or destiny or God's this new war against terrorism? Could means for the world community to correct them even if it means elimi- will. It means nothing will happen in you summarize the reaction you've bring the suspects to court. It is up nating that individual, but not the this world except with God’s knowl- seen? to the world community to explore continued on page 8 edge. For example, Almighty God America Prays A Meeting of the Minds By Tracy Harris, WMCL-2L a fact. No other options are By Patrick W. Ostergren, WMCL-4L on this country, and our subsequent presented because that would be attacks on Afghanistan, books about Following the tragedies of When St. Francis of Assisi (1182- "unconstitutional"—there is one Islam are flying off the shelves. It is September 11th prayer permeated 1226) met with Sultan Malik al-Kamil belief asserted. Instead of advocat- important for Americans to know our nation. Remarkably it permeated (1180-1238) during a lull in the ing for "religious liberty," the courts about Islam. However, our desire to our government as well. After all the Crusaders’ siege of Damietta in the have attempted to establish a understand Islam may have come too legal warfare to keep religion out of Nile Delta in September 1219, it was national belief system of secular late and for the wrong reasons. I fear government, the humanistic philoso- truly a meeting of the minds between humanism where God is no longer the rush on books about Islam is phy inspiring that movement did not two faiths that preached tolerance. welcome. more an effort by Americans to size seem to matter to a hurting people Both men were labeled fanatics by Nevertheless, the Establishment up an enemy than to truly under- who needed comfort beyond human. the Christian establishment. Clause did not stop religious invoca- stand another faith. No line separated church and state as Nevertheless, both men commanded tions under the rotunda after the As Roger Du Pasquier said in his our President and members of movements rivaled only by the spread terrorist attacks. Senator Jon Kyl (R- book, Unveiling Islam: "The West, Congress called upon God. Any gains of Catholicism. AZ) prayed: "The message again is to whether Christian or by the American Civil Liberties Union The explosion of "Franciscanism" in turn to God. He alone has the de–Christianized, has never really at squashing religious speech in the the Thirteenth Century and the rapid answers." Representative John Lewis known Islam. Ever since they public arena were undone for a time. spread of Islam from the Seventh (D-GA) was also not intimidated watched it appear on the world stage, When our nation was shaken, many Century onward propagated a faith in when he publicly prayed in a govern- Christians never ceased to insult and once again humbly acknowledged our a single God. Both faiths preached ment building and in his capacity as slander it in order to find justifica- arrogance and insufficiency. tolerance and understanding. A true an elected government official: "Our tion for waging war on it. It has The Establishment Clause of the Christian walks in the footsteps of people are hurting, help us, oh God. been subjected to grotesque distor- First Amendment proscribes Congress Jesus as Francis did. A true Muslim See us through this storm and hold tions, the traces of which still endure from making laws that respect an shares the simplicity that Francis us in the palm of your powerful in the European mind. Even today establishment of religion or prohibit- preached and is tolerant of other hand." there are many Westerners for whom ing the free exercise thereof. Though faiths. To become a Muslim, one In the wake of crisis, a nation turns Islam can be reduced to three ideas: Congress is explicitly forbidden, the must only say: "There is no God apart to God. Attempts at resisting our fanaticism, fatalism and polygamy." judiciary seems to think it is not. from God, and Muhammad is the souls’ inclinations toward public The irony of America’s suspicion Several court decisions have abro- Messenger of God." prayer, no matter the forum, deserve about the Islamic world is that gated our fundamental right to That declaration is essentially the the same response given by a Christianity has had a relationship religious speech at civic activities same as the Council of Nicea’s famous Pharisee among the teachers of the with Islam since the time of the and within public forums, calling it declaration still uttered today at law in the first century concerning Prophet Muhammad. The three great unconstitutional. The real conflict every Christian service: "I believe in religious speech in the public religions of the Middle East all share concerning the Establishment Clause one God, the Father almighty – squares: "[I]f this plan or action is of the same foundations. Islam, is not in discerning the spirit of the maker of heaven and earth – and in men, it will be overthrown; but if it Christianity, and Judaism are reli- law, nor does it concern the correct Jesus Christ his only son, born unto is of God, you will not be able to gions inspired by the same God, born interpretation of the plain meaning the Virgin Mary." overthrow them; or else you may in the same land, shared by the same of the text; it is about control. This The prophets’ names may be differ- even be found fighting against God." people and transcending the same is obvious in our schools where, ent but the complete devotion to a (Acts 5:38-39) faith. against the beliefs held by parents, single God is the same. Islam is not some foreign concept children are taught that evolution is Today, just weeks after the attacks continued on page 11 The Opinion • Winter 2001 Page 7

waist and knees. other three sources). Fundamentals of Islam WOMEN AL-JIHAD By Hassan Ali Mohamud Christians and Jews are people of the In Islam, women and men are equal Jihad is an important concept in book. This means that these reli- and they both came from single soul. Islam. In Arabic, it means strive, ISLAM gions share basic beliefs articulated Sura 4, Verse 1 (Koran). struggle and exert effort. It is a Islam has two meanings: Whole through three holy books: the Koran, MAIN HOLIDAYS central and broad Islamic concept submission to the will of Allah (God) the Bible and the Torah. One func- Moslems celebrate two main holi- that includes struggle against visible (religious meaning); and whole mean- tion of Islamic law is to protect the days: The first one is the end of and invisible evil (within oneself), ing of peace (linguistic meaning). privileged status of minorities. Ramadan, the fasting month, and the struggle to improve the quality of life People who follow the religion of Islamic law permits non-Moslems to second one is 10th day of the last in society, struggle in the war-field Islam are called Moslems. Important shape their own courts which imple- month of the Islamic lunar calendar. for self defense, struggle to defend a Islamic beliefs are divided into two ment family laws drawn up by the GREETING religion or its people, or fighting parts. The first part is the Five Pillars minorities themselves. Woman cannot shake a man’s hand against aggressors or oppressors or of Islam, which are (i) to witness the FIVE RULES and vice-versa, except in exceptional injustice. The Islamic government existence of one God (Allah) without The Five Rules dictate the actions cases. For example, a man may shake has authority to call for Jihad, the equal or partner, who created and of Moslems. These rules are: (i) the the hand of his sister. leader of the Islamic movement may maintains the world and to also Mandatory Rule which dictates what EDUCATION & SCIENCE call for Jihad in the absence of witness that the prophet Muhammad the obligations are (e.g., the five The first verse that Allah revealed Islamic State, and other rules may was the final prophet and messenger daily prayers); (ii) the Permission is about education. Therefore, each apply. of Allah; (ii) to pray five times a day; Rule which dictates what is permitted Moslem is required to be educated. RULES OF JIHAD IN THE BATTLEFIELD (iii) to give two and one-half percent (e.g., everything that is not prohib- WORK During Jihad, it is prohibited to kill of one’s annual saving income in cash ited by rule five); (iii) the One must work for his or her daily children, women, patients, elders, or in kind to charity; (iv) to fast from Recommended Rule states what is life in order to be forgiven by Allah. priests, Rabbi, or any other dawn until dusk every day during the recommended (e.g., to smile every In one instance the prophet worshipers and animals. It is also month of Ramadan (the ninth month day); (iv) the Non- Recommended Muhammad kissed the hand of the prohibited to torture soldiers if they of Islamic lunar calendar); and (v) to Rule which states what is not recom- man who just came back from work. are injured. It is prohibited to make a pilgrimage to Mecca, Saudi mended (e.g., staying up after night ARTS destroy houses, farms, water pipes, Arabia at least once if it is affordable. prayer or after eight o’clock at In Islam, art is generally acceptable electrical pipes, and wells. It is also The second part of Islamic belief is night); and (v) the Prohibited Rule except if it is against the principals of prohibited to run after the one who the Six Pillars of the Faith (Iman) which says what is prohibited (e.g., Islam. For example, one may not runs away from the battlefield. which are: (i) to believe in one God alcohol). draw a nude person or sing a sexually ISLAM AND TERRORISM (Allah); (ii) to believe in all prophets THE FIVE SACRED ASPECTS IN ISLAM explicit song. In Islam, art should Islam is the religion of peace not from Adam, Noah, Moses, Jesus and In Islam, the following five aspects provide messages that develop human violence. (Koran: Chapter 2) Muhammad as a final prophet and must be protected: (i) the human life. Therefore, Islam does not support Messenger of Allah; (iii) to believe in being; (ii) religion; (iii) family; (iv) SOURCES OF ISLAMIC LAW terrorism under any circumstances. all books God sent to humans wealth; and (v) honor. The most The four main sources of Islamic BIBLIOGRAPHY through the prophets including Torah important creature is the human law are the following: (i) the Holy Holy Koran (English Version) by of Moses, Injil (Bible) of Jesus and being. (Koran: Chapter17). Koran; (ii) Sunna (the tradition or a Allamah Nooruddin; Fiqi Sunnah Koran of Muhammad; (iv) to believe FOOD & DRINK record of deeds of the prophet (Arabic Version) by Sheik Sayid Sabiq; in all angels, including Gabriel, and In Islam, it is prohibited to eat and Muhammad); (iii) Ijma (consists of An Introduction to the Law of Islam that two angels attend every person; drink anything related to pork or the consensus of scholars on particu- by Rodolphe J.A. Seife; one records sins and the other, good alcohol. lar problems for which the solutions USATODAY.com; Forty Haddith deeds; (v) to believe the fate and the DRESS cannot directly be found from Koran (English Version) by Imam An- destiny of every creature is planned In Islam, women should wear hijab, and Sunna; and (iv) Qiyas (reasoning nawawi. by God (Allah); and (vi) to believe in which is to cover their body except by analogy and applying to all other the Day of Judgment. for the face and hands. Men should problems for which the solutions ISLAM AND OTHER RELIGIONS wear a dress that covers between the cannot directly be found from the Islam teaches that Moslems,

a life sentence. make a donation to the wrong Congress Must Thwart Not since President Richard Nixon foreign humanitarian program. claimed unrestricted authority to • Completely legal U.S. organiza- Justice's Power Grab carry out wiretapping and electronic tions can be effectively shut down by surveillance in the name of "national having their assets seized, based only are known to offer a "quick fix" to security" has any administration on the accusation that the U.S. group complex problems in the interest of sought such broad investigative has ties to an outlawed foreign short-term political gain. power. Even without considering the group. However, Attorney General John implications of the new Office of The impact of the 1996 law on civil Ashcroft had a completely different Homeland Defense, the Justice liberties is being felt by people of message when he appeared before a Department is proposing nothing less Middle Eastern origin -- more than 25 congressional committee on Monday. than the elimination of many of the people already have been locked up According to Ashcroft, the threat of checks and balances between execu- for years without knowing the politically motivated domestic tive and judicial branches of evidence against them. As the admin- violence was so great that the House government that have been claimed istration's "either you're with us, or PHOTO COURTESY OF WMCL PUBLIC RELATIONS COURTESY PHOTO Judiciary Committee has to "act to be the genius of the American with terrorists" policy is applied on By: Peter Erlinder , Professor of Law, immediately" to pass the sweeping system. the domestic front in coming months, William Mitchell College of Law and "anti terrorism" laws the Justice Earlier, hastily passed "antiterror- antiwar dissenters of all nationalities past president of the National Lawyers Department submitted to Congress ism" laws provide evidence that these will likely feel its impact, too. Guild. less than a week ago. The new law: proposals require thoughtful delibera- Just like the Bush administration, • Grants vast new powers to the [This article is reprinted with the permission tion before they are imposed on the the Clinton Justice Department also of the Minneapolis Star Tribune, which originally attorney general himself to seize American people. President Bill argued that quick passage was neces- published the article on September 27, 2001.] properly documented noncitizens Clinton's Justice Department pushed sary to give the government the without meaningful judicial review. a Republican Congress for rapid "tools to combat terrorism." In his speech to Congress last • Allows greatly expanded elec- passage of the 1996 Antiterrorism Unfortunately, we have learned that, Thursday, George W. Bush was tronic surveillance of all Americans Law to combat "foreign terrorist in spite of the broader governmental brutally frank in preparing the and their computers, without tradi- organizations" in the week following power created by the 1996 law, the American people for a very long "war tional judicial oversight. the Oklahoma City bombing. Only "tools" undermined civil liberties but against terrorism and evil." • Allows indefinite incarceration of after Clinton signed the 1996 were unable to prevent the loss of life Spokespersons for the Bush admin- legal noncitizens without trial. "Antiterrorism Bill" into law did we on Sept. 11. To his credit, Ashcroft istration have repeatedly reinforced • Allows secret searches of all learn that it was Timothy McVeigh admitted in Congress that his the message that, even if Osama bin homes and offices. who had committed an act of domes- proposed Antiterrorism Law of 2001 Laden is located and Afghanistan is • Allows the seizure of property of tic terrorism, not the "foreign could not have averted the tragedy punished militarily, it will take many, anyone suspected of crime, even if it terrorists" targeted by the bill. Under either. If this is so, and the "war" will many years to ferret out other was not related to "terrorism." the 1996 law: be protracted, why the rush to "terrorists" who are scattered across • Defines "terrorism" so broadly • Legal noncitizens can be arrested, change the checks and balances on the globe, and who often look and that it would include many acts that, detained and deported based on which our entire system of govern- act like anyone else. until now, have been considered "secret evidence." ment is based, without a reasoned This apparent candor was refresh- minor crimes or acts of civil disobedi- • American citizens can be threat- public debate on the benefits and ing from Washington politicians, who ence. Throwing a rock could result in ened with 10 years in prison if they continued on page 11 Page 8 The Opinion • Winter 2001

Attack on America… The goal of the Taliban government action against Afghanistan. Pakistan Afghanistan. America can easily continued from page 1 is to set up the world’s most pure has also said that it will not become launch missiles from submarines and Islamic state. The government imple- a safe haven for Osama bin Laden. air craft but ground maneuvers would Afghanistan mented this agenda by banning Iran condemns attacks by the U.S. be difficult in Afghanistan due the Afghanistan has a population of television, music and cinema. The on Afghanistan but urges the United rugged terrain. In order to specifi- almost 27 million people and is Taliban government enforces laws by Nations to fight against terrorism. cally target Osama bin Laden, Special approximately the size of Texas. The public executions and amputations Iran will not allow U.S. planes in its Forces will probably be necessary. country suffers from enormous and it has created many laws to air space for retaliatory strikes and Special Forces are described by the poverty due to many years of war. prohibit women from working, receiv- will not join a U.S. led coalition. U.S. defense as those forces capable The average life expectancy is 46 ing an education, and from receiving Uzbekistan will allow the U.S. to of performing extremely difficult, years and the literacy rate is 31.5%. certain types of health care. The use of one of its air bases for humani- complex, and politically sensitive Afghanistan’s primary export is government also requires men to tarian purposes. Tajikistan said that missions on short notice, in peace opium, which is used to make heroin. have beards longer than their fist and it supports the U.S. but has not and in war, anywhere in the world. Its exports in 1996, not including women must be fully covered when in stated how it will show its support. In this post-September 11th world, opium, were $80 million and its public. Additionally, Saudi Arabia recently each passing day presents extremely imports were $150 million. The spiritual leader of the Taliban is severed diplomatic relations with difficult, complex and politically Afghanistan was invaded and occu- Mohammed Omar. Omar lost his right Afghanistan to show its support for sensitive problems in a time of fear pied by the Soviet Union in 1979. eye in the 1980’s while fighting the U.S., and Turkey offered the U.S. and uncertainty in the world. After ten years of fighting, the Soviet against the Soviet Union. It is use of its air bases and air space in Godspeed to the Special Forces and Union withdrew. At least a part of believed that Mohammed Omar’s retaliatory strikes. everyone else involved in the resolu- the anti-communism support came home was purchased for him by U.S. Retaliation for the WTC tion of these problems. indirectly from the United States Osama bin Laden and that bin Laden Bombing Related Websites: through supplies and training. After played a large role in financing the The first wave of American air http://www.pbs.org/wgbh/pages/frontline/shows the Soviet withdrawal, fighting Taliban take-over of Afghanistan. strikes began on Sunday, October 7, /binladen/who/miller.html continued in Afghanistan. To this Omar’s close friendship with Osama 2001. The U.S. sought to secure air http://globalresearch.ca/articles/CHO109C.html day, Afghanistan does not have a bin Laden has isolated him and his supremacy by bombing all but one http://news.bbc.co.uk/hi/english/world/ stable political system. The Taliban country from the rest of the world. Afghan air base, any ground air south_asia/newsid_155000/155236.stm government currently controls 90% of Mohammed Omar is greatly removed defense facilities and al Qaeda terror- http://www.msnbc.com/news/627355.asp?cp1=1 Afghanistan. The United Nations and from the public and leaves contact ist training camps. Additionally, the http://www.cia.gov/cia/publications/factbook/ all but four nations refuse to recog- with the public to his foreign minis- U.S. is said to have bombed the resi- geos/af.html nize the Taliban as a legitimate ter, Wakil Ahmad Mutawakkil. dential compound of Afghan spiritual http://news.bbc.co.uk/hi/english/world/ government. The Region Surrounding leader Mohammed Omar. The Taliban south_asia/newsid_1549000/1549285.stm The Taliban Afghanistan ambassador to Pakistan asserts Omar http://www.fas.org/irp/world/para/Taliban.htm The Taliban are a group of Afghan Afghanistan is bordered in the West is still alive. http://news.bbc.co.uk/hi/english/world/ Islamic fighters trained in religious by Iran, the South and East by The U.S. asserts it has now south_asia/newsid_1550000/1550419.stm schools in Pakistan. Many of them Pakistan, and the North by the achieved air supremacy in http://www.cnn.com/SPECIALS/2001/ fought against the Soviet Union’s former Russian states Uzbekistan, Afghanistan and can bring about air trade.center/coalition.maps/red.html occupation of Afghanistan. The and Tajikistan. strikes around the clock. The diffi- http://www.cnn.com/2001/WORLD/asiapcf/south Taliban formed as a group in 1994 Pakistan is one of the only coun- culty in attacking the Taliban is that /09/26/ret.pakistan.military/index.html and took over the Afghanistan capital tries to recognize the Taliban as a there are no clear target areas. The http://news.bbc.co.uk/hi/english/world/ city of Kabul in 1996. The Taliban legitimate government. The Pakistani government has no central military or americas/newsid_1561000/1561295.stm have proven they are able to fend off government has stated that it civilian areas. Based on Russia’s http://news.bbc.co.uk/hi/english/world/ the various Mujahedin warring supports a fight by the U.S. against defeat, it appears to be difficult to south_asia/newsid_1551000/1551092.stm factions of Afghanistan. terrorism but will not join in military attempt to establish a regime in

Faculty Support… to LRAP-MN, which will make LRAP Jihad And Terrorism when people were starving, dehydrat- continued from page 1 grants to eligible William Mitchell continued from page 6 ing and watching their children die. graduates. These grants will be in Do you think this is what happened? for public service scholarships and group. Therefore, I think not only addition to the LRAP grants already A. I have Afghan members in others are considering endowment Moslems, but also Christians and Jews made to William Mitchell graduates by my Mosque in St. Paul and they did gifts for this purpose. The amount of will never support the eradication of LRAP-MN. The faculty contributions tell me that if the Taliban receives annual income from these endowment one group of human beings such as will also fund two additional PILF world support, its government will gifts, however, although significant, is the Taliban government. summer stipends for William Mitchell make Afghanistan’s dream real. From fairly modest. A $100,000 endow- Second, In Islam, the Koran (the students in the summer of 2002, one what I’ve seen and heard, the Taliban ment, for example, yields only $5,000 Moslem holy book) says all Moslems for a public interest placement in the government is the only group to of spendable income per year under are brothers and sisters so they must Twin Cities and a second for a place- successfully control most of our current policies. protect each other. Therefore, the ment in greater Minnesota. Afghanistan (about ninety-five Last fall I discovered that Vice Dean Moslem world is responsible for Thirty full-time faculty members percent). In terms of their interpre- David Prince and Associate Deans Matt protecting the Taliban in one of two have contributed so far to this effort. tation of the Koran and Suna (the Downs and Deborah Schmedemann ways: (i) Moslems must support the Our faculty, individually and collec- tradition of the prophet Muhammad), share my interest in increasing Taliban if it is right or just, or (ii) tively, has always been very it depends on the school they are William Mitchell’s LRAP assistance. Moslems must stop the Taliban's hand supportive of pro bono and other coming from. In the Moslem world, We also share an interest in increasing if it is wrong and harming others for public service efforts. Their extraordi- we have two Islamic schools of the number of Public Interest Law no reason. In Islam, there are nary contributions to this program are thought: moderate and non-moder- Fellowship (PILF) summer clerkship processes to stop the wrong-doers. truly awesome. I am proud to be a ate. Both of them enjoy respect in stipends available to our students. The last resort is to fight against member of a faculty that really “walks the Moslem world although moderate Currently students raise enough Moslem wrongdoers if they don't the talk.” I don’t know of another trends are more popular. I’ve heard money, primarily through a silent conform. Right now, I think that law school faculty in the country that about the restrictions made by the auction each spring, to support two Moslem scholars and the Moslem has made gifts of this magnitude for Taliban with respect to the liberty of PILF summer stipends. The four deans world would set up a process to stop LRAP and PILF grants. Moslem women in terms of educa- put together a challenge grant the Taliban and their wrong action if The faculty contributions to this tion, work, and other activities. Let proposal to the faculty. We agreed to we (world Moslems and others) agree challenge grant will not only help me say this: Islam permits women to contribute $1 for every $2 the faculty that they are wrongdoers. William Mitchell students and gradu- go to school, to work, to do all daily contributes for LRAP grants and PILF Finally, the Taliban is still the ates, but also will provide an example life activities according to Islam. summer stipends over a five-year recognized government in for our graduates and others to Even if the Taliban appears extreme period (this corresponds to the time Afghanistan so its sovereignty must contribute annual and endowment on women’s issues, consider Saudi frame for pledges to the Centennial be respected. funds for LRAP and PILF grants. Arabia: women cannot drive, go to Capital Campaign). Q. If it were okay for the United In a future article I hope to provide school, be members of parliament or Professors Ann Iijima and Eric Janus States to eradicate the Taliban you with biographical sketches of the heads of state departments. They were in charge of soliciting the faculty government, then would it be okay grant recipients. This will enable all have no voice in the society. Some and they did a superb job. The results for the Taliban to eradicate the of us to appreciate more fully the Saudi scholars even believe that have exceeded our expectations; and United States government? importance of gifts like this for our women’s voices should not be heard we are very pleased, even though we A. I would say it is not okay students and graduates in public by strangers, i.e., that women should now have to give the maximum that either one be eradicated. interest employment and the impor- not speak in the presence of men amount we stipulated in the challenge Q. Scholars and reporters have tant contributions they make to the other than their fathers, husbands, proposal! For this year the total hypothesized that this movement of justice system in Minnesota. brothers, uncles, etc. Does this mean faculty LRAP contributions will be extremist terrorists (who happen to we should eradicate Saudi Arabia? $30,000. This money will be donated be Moslem) began in refugee camps, continued on page 13 The Opinion • Winter 2001 Page 9

I got to go to court nearly every living in a rural area makes truly Alumni Corner: week, mostly handling Order for part-time work unfeasible. Protection hearings. They became Any attorney knows that adversity Life After Law School routine, except for the fact that the does not mean giving in. Rather, it By Kristi Angus, WMCL ‘98 then my husband and I decided adrenaline rush from a successful means moving on – doing whatever is maybe we’d raise our family out- cross-exam, or a well-spoken closing necessary to overcome that obstacle. Life after law school isn’t how I state. We were both from the "lakes argument never went away. It just Once my condition stabilized (and I imagined. I was an "older than aver- area" and tired of the rush-rush of built my confidence. was going nuts being at home every age" student entering William city life. Our priorities had changed. I had my first trial -– a three-day day), I secured a long-term substitute Mitchell in the fall of 1994. Unable At the time I interviewed for my trial. WOW! A landmark point in any teaching position as an English to find a teaching job after four first job, I was pregnant with baby attorney’s career. I was certainly glad teacher at the local high school, years, and unwilling to stay at my job #2. I got the job and we made plans my client was the respondent – it teaching just three classes a day. The as an insurance adjuster, I decided to to move after the bar exam. What a gave me a day and a half to watch, schedule seemed to work well with put my efforts into a new career. I relief to have a job before graduation! learn, and object, before I had to my medical restrictions. But how thought that with my background I Once again, everything seemed to be present my client’s case. Then, of ironic! It was my inability to find a could market myself in the insurance falling into place. course, I had to deal with opposing teaching position 10 years ago that defense field. Four days after celebrating the fact counsel’s objections against me. led to my choice to attend law Seven years later, I’m teaching Mass that I passed the bar, my son was The best part about that job was school. Communications and advising the born. I’ve read that major life stres- the hugs. Yes, the hugs. When I During this time, a friend told me student newspaper at a rural sors (a move, a job change, a baby) successfully obtained an OFP for my that Fergus Falls Community College Community College. How did that can predispose one to depression; so client, secured supervised visitation, was looking for adjunct instructors. happen? can a prior episode of postpartum or succeeded in the court’s awarding Although I didn’t have a Master’s I did the normal things law depression. Perhaps the combination my client’s request to move out-of- Degree, they liked my background students do. I got a clerking job – at of all of the above sent me spiraling state with her child, I got hugs. That and I started teaching this fall. a personal injury firm; they appreci- down. By the time I was supposed to probably doesn’t happen in your I work 10-15 hours a week – maybe ated my insurance background. I had return to work from maternity leave, every day real estate transaction. I a little more if it’s a week when the fun with the client counseling I was in the depths of a major depres- had a job I truly enjoyed. Every day paper comes out. Outside of class competition; my partner and I even sion. was a learning experience. I worked time, my office hours and preparation made it to the regional competition – It took nearly a year and a new job with people I enjoyed and, for the time are flexible. My children, now 3 twice. I moved to an insurance to feel normal again. I began work first time in my working life, I had and almost 5, spend minimal time in defense firm. They appreciated my for Legal Services of Northwest only one W-2 to file with my income day care. I honestly have the best of insurance background AND my clerk- Minnesota in November of 1999, taxes. both worlds – a lot of "stay-at-home" ing experience. I was even getting working under a grant from the But, as I’ve said, life can throw mom time and an intellectually stim- good grades! Everything seemed to Violence Against Women’s Act. All curve balls – and I was still at bat. In ulating job. Clearly, my perspective be falling into place. my clients were domestic violence October 2000, I was diagnosed with of what makes me happy has But unforeseen events can affect victims. Most people thought it Interstitial Nephritis – kidney failure changed. jobs, priorities and perceptions. My strange, but I loved my job. I didn’t – caused by an allergic reaction to I still try to offer help to the local daughter was born (on the last day of make a ton of money, but I got to medication. A kidney transplant crisis center when I can. Perhaps finals) during the fall semester of help women who really needed help, seemed imminent. someday the part-time law thing will 1996. My mom died eight days later. when they needed it. Most of my Although my kidneys recovered work out. If it does, I hope I can I ended up with postpartum depres- clients were unbelievably scared at somewhat (they operate together at return to serving domestic violence sion, albeit a minor case. I took the thought of leaving an abusive 30%), the damage was permanent. victims. some Prozac and recovered. And partner, because of financial Doctors believe a transplant is I don’t know what the next obsta- though my ability to do well in constraints, children in common, or inevitable because of my age (the cle in my life will be (now that both school and my ability to parent didn’t fear that leaving would not end the kidneys can’t function at 30% forever, of my kids are potty-trained). I do suffer, my relationships at work did. abuse. I was their support when they and I’m only 32). It became clear know, however, that it is not the I was informed I wouldn’t have the needed someone to trust, someone that I no longer had the stamina to obstacle itself, but instead how I oh-so-elusive offer I had hoped for. who could reassure they would likely practice law – at least not full time. I choose to deal with it, that is most I’ve always had an optimistic view retain custody, and sometimes some- wrapped up loose ends at LSNW, important. of life, and I bounced back from that one just to vent to about the including an appellate case I got to So what if life after law school isn’t fairly well. I did the OCI thing (on- situation. argue at the Court of Appeals. But how I imagined? campus interviews), to no avail. And

computer can puke up (not a techni- money if people aren’t buying cal term) information based on the anything from Influenceclub.com. Random Thoughts crap (not a technical term, either) That would have been nice to know The Complete Idiot’s Guide to the World, for Dummies that the visitor entered. So I come before I made the Excluded List. Who By Chris Frank "How To Do Anything Besides Practice up with an incredible idea of market- is going to want to buy something Law." It is not here, but I find "How ing genius. from Influenceclub.com after they I am almost there. I am in my last to Make a Zillion Dollars for I decide that I will make a list of have been excluded? semester of law school. I can see the Dummies" and "The Complete Idiot’s people that will never, ever, be After some creative brainstorming, light at the end of the tunnel. I Guide to Making Zillions." I ask allowed to become members of another genius idea illuminates the should be ecstatic. I should be myself why Idiots are able to make Influenceclub.com. I call it "The fog in my head. I discover that proud. Instead, I find myself in the zillions, while Dummies are only able Excluded List." I decide to make it so Amazon.com has deal where, if self-help section at Barnes & Noble, to make one zillion. Which category anyone and everyone can go to my people click from Influenceclub.com reading titles like "How to Learn do I fit under? I want to find out so I site and Exclude other people by to Amazon.com and buy a book, I get Piano and Spanish in 5 Days with a buy both books and go diligently to simply entering the name of the a commission. A five percent new Bonus Chapter on the Meaning work. person they want to exclude, then commission! That sounds like a lot of Life, FOR DUMMIES" or "The I follow the instructions carefully. pressing ENTER, and - voila - that to me - I will be rolling in dough. COMPLETE IDIOT’S GUIDE to Being Step one requires me to start with person’s name will be forever added And then more genius! - I will tell Richer than Bill Gates and Still something simple. The Internet, they to the Excluded List. Unfortunately, the people on the Excluded List there Spending More Time Watching say, is a level playing field, so I regis- I discover that implementing my is only one way to get off of the Football than Doing Any Other ter a website: Influenceclub.com. (I genius requires "HTML" and "Perl", Excluded List: the answer is in one Activity." Why have I toiled for three came up with the name after discov- the computer programming languages of the books sold at Amazon.com. long years over the minutiae of law ering Chris.com was already taken. It of web pages. What? These are not Then they will buy all kinds of books; when I could have accomplished so sounded like a name of something things that Idiots and Dummies know Zillions, I say. much more by reading just a couple that would make at least a zillion about. These are things that I wait for the money to roll in. I of these "How To" books? The dollars, maybe even zillions.) Computer Geeks know about. Geeks wait for the zillions. I wait. I wait. instruction manuals to everything "The Idiot’s Guide for Avoiding Any are totally different than Idiots and I look at the web counter that tells anyone could ever hope to accom- Realistic Examples for Making Money" Dummies. But alas, for the sake of a me how many people have visited my plish are right here in front of me - says a successful business needs zillion dollars, I learn the HTML and website. Twelve, it says. The written so simply that even Idiots pizzazz. It needs something to draw Perl for Idiotic Geek Dummies. I Influenceclub.com website has had and Dummies can succeed. people in - like an air conditioned create the Excluded List. twelve visits. Twelve? I am fairly I try to decide which category will building in July. But to add pizzazz But now the "Stupid Idiot’s Book of certain at least ten of them are from bring about the greatest results: The to a website, I have to add interactiv- Dumb Ideas" says I can’t make a me: One from my home computer, Idiot category or the Dummy cate- ity. I need to add forms where people zillion dollars unless I actually have one from work, and eight from differ- gory. I am searching for the title something to sell. I can’t make can enter information and the continued on page 11 Page 10 The Opinion • Winter 2001 The Good News Report Student Organizations Recent Activities of the President and Dean, Faculty and Staff of WMCL Updates Contributed by Diane Lund Japanese lawyers to public interest offerings in American legal educa- During the month of June 2001, tion. He has also been asked to join Student Bar Association Student Intellectual Property President and Dean Harry J. the American/Japanese legal team Update Association Update Haynsworth traveled to Istanbul, that is pressing the claims of By Suzette Kusnierek, President By Gretchen Pesek, President Turkey for the International Legal students and seamen killed by the Education Conference and then went Well, the year is underway. I hope Greetings current and potential American submarine. on to London for William Mitchell’s that all of you are settling in to the SIPLA members, we want to thank Aspen Publishing has just London 2001 CLE program. Those semester. I would like to congratu- everyone who was able to come to published Motion Practice, Fourth William Mitchell alumni who were late all of the new first year the meeting on September 5th – we Edition, by distinguished alumnus able to attend were guests of the representatives to the Student Bar were very pleased with the great turn David F. Herr, Professor Roger S. Haynsworth’s for a dinner at the St. Association; Liz Stinson, Kristin out and hope it was beneficial for all Haydock, and Jeffrey W. Stempel, a James Club. Dean Haynsworth also Olson, Chanel Melin, and Kelly who attended! former adjunct. This text has become participated in the ABA Accreditation Olmstead. There is one section that This semester we have some excit- the national standard for civil litiga- Committee meeting in Jackson Hole, has not had an election as of this ing events planned that should be tors and is the companion book to Wyoming for the Thomas Jefferson writing, but that person should be both interesting and helpful to you if Discovery Practice also authored by School of Law in San Diego. Dean named soon. I look forward to work- you are planning a career in IP law or Roger Haydock and David Herr. Haynsworth was the chair of the ABA ing with all of these people just thinking about one. The Council for Legal Education Inspection Team. During July, the throughout the year. Our first event really kicked things Opportunity, an ABA project, hired dean hosted the annual barbecue for In light of the tragedy that off by providing an overview of the Professor Ann Iijima to develop faculty and staff. And at the end of occurred on September 11, 2001 I WMCL IP Program. This event was model curricula for its summer insti- August, he began teaching would like to remind everyone of the designed to help you structure your tutes. These 6-week pre-law Professional Responsibility for lecture series that the faculty is class schedule so that you can get programs were developed to diversify William Mitchell’s section 1 students. putting on. I would also like to let the most out of your time at WMCL. the legal profession by expanding Visiting Professor Aviva Breen you know that the SBA is working on The "Meet the IP Professors Social", legal education opportunities for recently retired as head of the getting a panel together to deal with was held on October 24th and under-represented groups. Her mate- Legislative Commission on the the incredibly difficult issues of that included an official welcome to rials will be disseminated for next Economic Status of Women after day and what the future may bring. Professor Ken Port, the newest addi- year’s summer institutes. Last year, nearly two decades. Among her We can all sit and listen to people tion to the WMCL IP faculty. Professor Iijima developed and ran major legislative accomplishments are speak, but I am also urging people to In November we are entertaining two academic support programs for the Local Government Pay Equity Act, give what they can. Donate blood, the idea of taking students on IP law at-risk students. The results are the Minnesota Parental Leave Law, volunteer, donate food to the food firm tours. We would visit at least preliminary, but promising. the Higher Education Child Care bank, anything that could help one General Practice Firm and one Compared with similar cohorts of Fund, domestic abuse prosecution would be appreciated. Boutique Firm, where students would students in previous years, the plans and welfare reform education have an opportunity to speak with numbers of first-year students who provisions. Professor Breen was lawyers about their IP practice, the experienced academic difficulty (were featured in the August 29th issue of SBA Congratulates Liz Stinson, career paths at their respective law dismissed or placed on academic The Women’s Press and also in a July Kristin Olson, Chanel Melin, firms, and the like. In the months to probation) decreased by two-thirds. 30th article in the Minneapolis Star come, we will also begin gearing up Professor Eric Janus published and Kelly Olmstead as new Tribune. for our "roundtable" programs that "Sex Offender Commitments and the first year representatives. Professor Peter Erlinder’s article, will be held second semester. The ‘Inability-To-Control’: Developing "Withdrawing Permission to ‘Lie with roundtable discussion typically Legal Standards and a Behavioral Impunity’: The Demise of ‘Truly I would like to thank the first year include a panel of attorney’s from a Vocabulary for an Elusive Concept" in Anonymous Informants’ and the section 3 for taking the initiative of specific area of IP law, talking about Volume II of The Sexual Predator Resurrection of the Aduilar/Spinelli selling buttons to donate money to what is new, what is hot and what is (Anita Schlank, Ed., Civic Research Test for Probable Cause" has been the Red Cross. I know that many here to stay. Not only are the round- Institute, Inc., 2001). accepted for publication as the lead people are doing many things, and I table’s fun to plan…but they are a This summer Professor Ken Kirwin article in the Fall 2001 issue of the thank you all for that. great way to network with attorneys attended the ALI Annual Meeting at University of Pennsylvania Journal of The SBA has had its first couple of in the field – don’t miss the oppor- Washington, the Association of Legal Constitutional Law. In June, he was meetings for the year, and passed the tunity to Sign Up to be on one of Writing Directors Conference, and the invited to Pyongyang, DPR-Korea by budget for all student groups for the the Committee’s! Distance Learning Workshop at the Democratic Lawyers Association year. This was a particularly difficult We are really looking forward to an Cornell, where he moderated the to study the North Korean legal process because there was less money exciting year with all of our upcom- segment on Electronic Submission system and to discuss the possible carried forward from last year but ing programs and the infusion of our and Marking. exchange of research materials and just as many requests for that money. many new members! As always if In August, Professor Dan lawyer delegations. On September I would like to remind the student you have any questions about SIPLA Kleinberger attended the 2001 11, the Court of Appeals issued an groups that if you did not get your or our upcoming programs please feel Annual Meeting of the National opinion in the first case to decide the full budget, but run into an area free to contact any one of us! We Conference of Commissioners on reach of personal jurisdiction for where you "need" money later in the hope to see all of you, at our next Uniform State Laws, as Reporter (i.e., defamatory statements sent over the year, you may come and talk to the meeting. Watch for more informa- principal drafter) for the Conference's Internet. Professor Erlinder is coun- board. The meetings are generally tion in The Docket! drafting committee for the new sel for the prevailing party in Griffis held the third Saturday of the Uniform Limited Partnership Act. v. Luban, the first civil rights suit month, but they are also listed on Gretchen Pesek – President The Act received final approval from based on Minnesota Statute 481.10, the SBA bulletin board and in The [email protected] the Conference. Professor which provides criminal penalties and Docket. Gretchen Randall - President- Kleinberger’s article, "RUPA Is Coming statutory damages for violations of If anyone has any questions or Elect – UPA– LLPs Beware," is being Miranda under a theory that was first issues, please feel free to call me at [email protected] published in the September issue of suggested in his November 2000 arti- 763-425-7463 or email me at: Erin Nichols – Treasurer Bench and Bar of Minnesota. In addi- cle in the William Mitchell Law [email protected]. [email protected] tion, Professor Kleinberger taught Review. On September 13, Professor Have a great semester! Wendy Cusick – Secretary Business Associations/Corporations I Erlinder was elected as the first co- [email protected] at the University of Minnesota Law chair of first Patient’s Advisory School over the summer. Council at the Moose Lake Sexual Professor Peter Knapp and Offender Facility that is being called Professor Roger Haydock conducted a a "treatment" facility, but is operat- program on the changing role of ing under prison-like rules and judges in the next century for the regulations. This is a precursor to Minnesota District Judges Association litigating the status of these facili- at their fall conference. Karen Kurth, ties, which were first predicted in his a Civil Advocacy student, argued and 1993 article, "Minnesota’s Gulag." won a Court of Appeals case this Professor Erlinder is organizing summer. programs at UCLA, Loyola University Professor Jayanth Krishnan (Los Angeles) and the University of completed an article on Israeli public Arizona to introduce a delegation of continued on page 13 The Opinion • Winter 2001 Page 11 CAREER Career Services Calendar of Events COLUMN Month Date Title Time Place Contributed by Kari Jensen Thomas, November Associate Director for Career Services Judicial Clerkship 11/1 Dean’s Round Table #3 11:00 a.m. Kelley Boardroom First year students: Now that you are settled into your first semester of Month & 11/3 From Here to Attorney 9:00 a.m. Oppenheimer law school, now is a good time to 1L Career 1L Program start thinking about legal career Services Tours 11/9 Dean’s Round Table #4 7:45 a.m. Kelley Boardroom options. We hope you were able to attend our kick-off event "From Here 11/14 Post OCI Meltdown Party 5:30 p.m. Location TBA to Attorney" on November 3rd. In the 11/28 Dean’s Round Table #5 5:30 p.m. Kelley Boardroom near future you will all be receiving a December tour of our office and explanation of our services during one of your 12/8 - 12/19 FINAL EXAMS GOOD LUCK! WRAP classes. We also look forward 12/24 - 1/1 College Closed HAPPY HOLIDAYS! to meeting with each of you individ- ually in January. January Part-Time Students: Don’t forget 1/15 Dean’s Round Table #6 12:00 noon Kelley Boardroom to pick up your copy of our part-time 1/16 Tri-School Public 5:00 - 7:00 p.m. Auditorium student resource called "Lighthouse in the Storm" which is available in Interest Job Fair the Annex. This resource if full of 1/22 Sign up for 1L Mock Career Services valuable information regarding the Interviews Begins following career issues that part-time students face: 1/26 Jungle Tactics Skills 9:00 a.m. Oppenheimer • Do I need legal experience before Workshop I graduate? 1/29 1L Mock Interviews 5:00 - 7:00 p.m. 2nd Floor Interview Rooms • Should I quit my full-time job early and get a clerkship? February • How am I supposed to afford to 2/1 Dean’s Round Table #7 7:45 a.m. Kelley Boardroom take a pay cut? • Will employers value my current 2/12 Dean’s Round Table #8 12:00 noon Kelley Boardroom experience? 2/20 Dean’s Round Table #9 7:45 a.m. Kelley Boardroom 2/25 - 3/1 SPRING BREAK ENJOY Fall 2001 OCI is coming to a close. We congratulate those of you who March received offers through this some- 3/6 Career Carnival 4:30 p.m. Auditorium what stressful and time-consuming 3/14 Dean’s Round Table #10 12:00 noon Kelley Boardroom process. For those of you who didn’t participate in OCI or did and weren’t 3/27 Dean’s Round Table #11 5:30 p.m. Kelley Boardroom successful, there is hope! We are April having a Post-OCI Meltdown Party on Wednesday, November 14th 4/3 Dean’s Round Table #12 5:30 p.m. Kelley Boardroom from 5:30 – 6:30, Room TBA. 4/26 - 5/7 FINAL EXAMS GOOD LUCK! During this program we will provide May you with some good news and strate- gies for finding all of the many 5/19 GRADUATION clerkships that are still out there with the legal employers who don’t participate in OCI. Remember: OCI A Meeting of the Minds Congress Must Thwart… Random Thoughts gets a lot of hype, but it is only 2 continued from page 6 continued from page 7 continued from page 9 busy weeks out of the year and affects about 10-12% percent of each from a far-away land. Rather, its dangers? ent computers in the William class. That means the other 50 origins are the same as Christianity. The Clinton administration cyni- Mitchell computer lab to test if the weeks of the year we are diligently Islam is one of the most popular, cally used the domestic Oklahoma counter was really working. "The working with 90% of the class! Stop fastest growing and most tolerant City tragedy to increase its own Totally Worthless, Complete Moron’s in and make an appointment, attend religions in the world. Interestingly, power to combat "foreign terrorism." Stupid Guide to Wasting Your Time" the dozens of programs we have to only eighteen percent of the world’s This administration is acting no less says nothing on this matter. Where offer, utilize the resources we have over one billion Muslims live in cynically in seeking to vastly expand are all the stupid Idiot customers? available to you and remember…let Arabic countries. Indonesia is the its own power before the Congress Where are those Dummies handing us help you! largest single Islamic country. and the American people have had a out fistfuls of money to the nearest November is Judicial Clerkship Christianity has had a relationship decent interval to recover from the taker? Oh, how could I have been Month: Look for important informa- with Islam since Islam’s inception. shock and grief of this most recent such an Idiot? Did I really think that tion about judicial clerkships in "The In fact, that meeting between the tragedy. "The Book with the Greatest Number Scoop" the Career Services Annex as two leaders in Thirteenth Century Although President Bush's deliber- of Absurd Ideas and a Seemingly well as the Federal Judicial Clerkship can shed some light on the relation- ate approach to foreign policy has Legitimate Title at the Time I Bought Luncheon to be held in late ship between Islam and the Christian the aura of statesmanship, his It" would make me rich? November. West for us today. Justice Department's haste to secure Now I see! The only way to make a What’s needed today is another passage of this massive increase in its zillion dollars is to write a book enti- Final Exams: Don’t forget to stop "meeting of the minds" like that in own power is much closer to cynical tled "How to Make a Zillion Dollars, by our office for a M & M exam 1219 A.D. when Saracen met Washington politics as usual. for Dummies" and sell it to all the break! Crusader, not on the battlefield but If Congress does not stop this Idiots. And the only way to make in an exchange of ideals, ideas and power grab, the American people will zillions of dollars is to write a book Best wishes on your final exams faith. That is the only way to ensure lose important aspects of the "way of called "How to Make Zillions" and sell and happy holidays from the Career a lasting peace worthy of our "one life" that Bush is asking us to defend it to all the Dummies. Services Staff! God." with the lives of our young, even Smart; Very smart, indeed. before the "war against terrorism" has really begun. The Career Services Office Post script: President Bush signed the is located on campus in anti-terrorism bill into law on Friday, Room 103. The phone October 26, 2001 number for Career Services is 651-290-6326. Page 12 The Opinion • Winter 2001

The September 11 Assault… rule" against the use of armed force bee for the rest of your life, the continued from page 1 in Article 2(4). To allow open-ended Creaky Worldviews permission for military retaliation, continued from page 3 cognitive impulse to draw a clear us- On the other hand, the Charter is even after a severe armed attack, them line in the sand becomes even realistic enough to acknowledge that could invite much abuse. An action left behind a husband and three chil- stronger. I don’t think it’s because sometimes armed force between of self-defense not immediately tied dren. Apparently after you’re done we become more insensitive, or nations can be necessary for self- to a contemporaneous attack, but being enlisted in the Marines you because we become even more heart- defense. Article 51 of the Charter following the attack by several weeks must serve in the Reserve Corps for less than we were when we were still allows states to engage in the "inher- or months, begins to look more like a another four years. My brother was civilians. I think it’s because it’s ent" right of "individual or collective reprisal or retribution than self- called to active duty. And the man I stressful to open up the floodgates self-defense", but only in the event defense. And it is quite clear (at talk to nearly every day, the man and let the whole world be a part of of an "armed attack". In spite of the least to most commentators) that who buys treats and toys for my dog, our cognitive reality. It’s agonizing broad loophole that this allowance mere military reprisals and retribu- the man who lives in the apartment to let the world be a part of our may appear to provide, most authori- tion are now precluded by Article next door, is seeking political worldview when our worldview ties would construe the phrase, 2(4). asylum… from Afghanistan. A dear seemed so unbearably complex in the "armed attack" narrowly. All is not lost, however, in terms of friend and his family received threat- first place. The illusion of comfiness Accordingly, among other things, legal justification for these recent ening phone calls because they were is at least a stable ideal. Can’t we most authorities would probably hold U.S. actions. Again, the UN Charter Muslim. Another friend was arrested just keep that? Damn-it, my mind that the use of force in self-defense is sufficiently realistic to recognize and "interrogated" by the police for doesn’t open up wide enough to fit under Article 51 would only be legiti- that sometimes the use of armed two days based on the fact that he an entire world full of conflicting mate to repel an armed attack that force could be necessary, even if not knew someone who knew someone realities inside. was continuous or ongoing. in strictly-defined self-defense. The who was related to a man of Middle- When I look closely at the pain felt What all of this means in terms of Charter recognizes that rogue states, Eastern descent who wanted to use a by people in my life, and your life, the September 11 events and the or violent non-state actors, can flight simulator. and the lives on Oprah and Dateline, U.S.-led actions in Afghanistan engage in destructive behavior than I think we would all sometimes I don’t think my reaction is one of beginning on October 7 is relatively can seriously threaten international prefer to maintain our six degrees of shock. I think that the dull, bland, clear. To some, it may also be less well-being even if the Charter’s strict separation from people outside of our incomprehensible hum that makes up than reassuring, at least at first pre-requisites for self-defense have "place." Not because of prejudice, or my thoughts is the background noise glance. Unquestionably, the World not been met. The Charter in fact hate, or misunderstanding, but of an overwrought intellect. Trade Center and Pentagon attacks allows for the use of armed force to because we don’t necessarily want Somewhere way back in the nether- would be Article 2(4) violations if counteract such threats in the provi- the foundations of our worldview regions of my brain, my longtime they had been committed by a sions of its Chapter VII. rocked… or even jiggled, if we can worldview is trying to compensate for member state of the UN, since they However, the key here is that any resist it. The frivolous notion that the fact that it has become woefully were incontestably impairments of use of force in these more generalized underlies all of this running to stand outdated. In less than a week, a the "territorial integrity" of the U.S. circumstances must be collectively still is just that; that we could main- reality that consisted of international However, an armed response by the approved in advance, at least in very tain at least the illusion of long-term politics, terrorism, bloodshed and U.S. or its allies, acting as states, is general terms, by the UN Security stability in our lives if we were left waiting lines for gasmasks laid waste only justified if it constitutes "self- Council. Chapter VII authorizes the merely to our own devices. The to menial chores, to-do lists, and defense" against an "armed attack". Security Council to direct the forces assumption is that the natural long-term plans and aspirations. But all the armed activity consti- of UN member states to engage in entropy of the universe can be Perhaps that noble goal of stability tuting the September 11 attacks armed intervention, under certain conquered swiftly with a Palm Pilot, and predictability in a world of chaos occurred only on that day. The circumstances, when the Security a diligent sense of routine and a and entropy is no longer one worth attacks themselves were not continu- Council determines that there has healthy regard for status quo. pursuing? Or maybe we just no ous or ongoing after their completion been a breach of or threat to peace or When things get really busy, like longer have the luxury of making on September 11. Accordingly, most an act of aggression. for instance, every waking hour after that decision for ourselves. authorities would probably say that Accordingly, the Charter does you make the ill-advised decision to the self-defense exception under indeed recognize, to respond to the attend law school and be a worker- Article 51 would not be available to rhetorical queries above, that an justify the U.S.-led actions that attacked state might need time to fronts. The language is also broad unusual in situations such as this. began on October 7, nearly 26 days marshal its military forces after an enough to allow the U.S. For example, in November 1990, the after the attack. attack, and might need time to deter- Administration to assert that the UN Security Council unquestionably This result might strike some read- mine which state was responsible. Security Council has authorized the intended to authorize armed force ers as exasperating. Doesn’t the U.N. However, when these actions result in use of force. against Iraq to repel its invasion of Charter acknowledge, for example, any appreciable lag between the time In Resolution 1373, the Security Kuwait. Nevertheless, its Resolution that it might take time for an of attack and the time of the respon- Council directs the UN member states 678 (1990), designed to provide this attacked nation to marshal its sive action, the Charter requires that to "take the necessary steps to authority, did not specifically defenses? Doesn’t the Charter allow a the responsive action be coordinated prevent the commission of terrorist mention armed force either. The stricken country any time to discern through the Security Council. The acts" and "cooperate, particularly 1990 resolution did mention "all from which state an attack might extremely limited availability of the through bilateral and multilateral necessary means", which is language have been directed? And besides, Article 51 self-defense exception does arrangements and agreements [such taken from a key provision of UN weren’t all the moderates and peace- not forbid later responsive action by as NATO], to prevent and suppress Charter Chapter VII, and this year’s oriented activists urging the U.S. to the stricken state. It merely has the terrorist attacks and take action Resolution 1373 does not contain adopt a slow and patient pace? effect of requiring that the respon- against perpetrators of such attacks". this phrase. However, the phrase "all Wouldn’t it be unfair for the commen- sive action be undertaken with the This language does not mention necessary steps", which (as noted tators to urge a slow and patient consent of the Security Council. armed force per se, but the language above) does appear in Resolution pace, and then have the U.N. Charter It is in part for this reason that is nevertheless sufficiently expansive 1373, may not be appreciably differ- forbid self-defense because the President Bush and many of our for governments that are so inclined ent from "all necessary means". response was too slow and patient? diplomatic and military officials have to infer an authorization to use mili- Many would probably contend that The answer is that the Charter been consulting with other world tary force to accomplish these aims if the difference between the words, views the self-defense exception as leaders and political figures in recent required. "steps" and "means" should not be being reserved for those truly rare weeks. In order for the October 7 One reason that Resolution 1373 is dispositive. cases in which a state must respond response to be legitimate at interna- not more explicit in reference to Accordingly, it is quite open to the militarily to an attack while it is tional law, a sufficient international armed force is that the Security U.S. to assert that the UN Security ongoing, in order to mitigate casual- consensus needed to be developed to Council itself is a politically diverse Council had provided advance author- ties and repel contemporaneously allow for the Security Council’s body. Two of its current members, ization for the military response that invading forces. As horrific as the advance consent. for example, are Tunisia and Mali, was launched on October 7. This September 11 attacks were, they were At least for the present purposes of which are predominantly Muslim does not mean that the Security not a continuous armed invasion the U.S. Administration, that states located in Northern and Council might not attempt to, or be against which immediate military Security Council consent was proba- Northwest Central Africa, respec- asked to, provide a more specific or response to mitigate loss was possi- bly received on Friday, September 28. tively. In order to get all Security comprehensive authorization in ble. And this is pretty much the only On that day the Security Council Council members to agree on a partic- coming days or weeks. It also does situation for which the Article 51 issued its Resolution 1373 (2001). ular text for any resolution that can not mean that other states and world self-defense clause was designed. This is a 4-page resolution (relatively have such profound consequences, it actors wouldn’t assert that Resolution This arrangement in the UN Charter lengthy as such things go) that is often necessary for all sides to 1373 is not sufficient to support the was probably not an accident. The contains numerous grants of author- accept language that is less specific actions that occur. However, when- framers of the Charter no doubt ity to UN member states to respond than any would optimally desire to ever bodies with legal power take feared that the self-defense clause, if to the September 11 attacks, and express its precise viewpoint. measures authorizing others to act, not narrowly limited, would be an terrorism in general, on various Largely for these reasons, non- whether those bodies are domestic or "exception" that "swallowed up the financial, political and diplomatic specific language of this type is not continued on page 13 The Opinion • Winter 2001 Page 13

The Good News Report Oliphant co-taught (twice) an February 2004. Co-authors will be Staff and Faculty. The photos have continued from page 10 Internet Research course for William WMCL professors Kunz, Moy and Port. been on loan from the Beijing Mitchell students with Professor Mark On July 1, Professor Deborah People’s Association for Friendship interest litigation and the article has Steiner, South Texas College of Law, Schmedemann presented a program with Foreign Countries and have been been accepted for publication by In as part of the summer skills offerings on critiquing live performances (e.g., displayed in the home cities of vari- The Public Interest – Buffalo Public at WMCL. Professor Oliphant also interviewing, counseling) at the ous USCPFA chapters across the Interest Law Journal. The article completed the section on Family Law Institute for Law School Teaching’s United States. The exhibit, "Focus on argues that along with additional for the Legal Systems of the World Conference on Assessment, Feedback, New Beijing," documented the history resources provided to Israeli organiza- Encyclopedia. With the William and Evaluation in Spokane, and culture of the Chinese capital, tions as well as expanded legal rules Mitchell Law Review, Professor Washington. She also served as a Beijing today, and the unique local of standing, public interest litigation Oliphant planned the May 2001 reporter for one of the plenary flavors and colorful cultural rhythms in Israel has increased also because of Family Law Symposium. As part of sessions at the Association of Legal of new Beijing. The exhibit debuted a variety of motivational factors, a that planning, he helped obtain three Writing Directors Conference on nationally, on June 5th, at the Jimmy variable that till now has only been nationally recognized scholars for the "Blurring Lines: Integrating the Law Carter Presidential Library complex in addressed in a cursory manner by program and local and regional School Curriculum," in the Twin Cities the Carter Center in Atlanta, Georgia. scholars in this area. Professor experts to participate in the program. in July. In addition to her regular duties as Krishnan was also invited to write a In addition, Professor Oliphant On June 13, Doug Blanke and Admissions Assistant for Operations, review of Neil Duxbury's "Jurists & completed a Law Review article for Susan Weisman of the Tobacco Law Jennifer Stratton spearheaded the Judges: An Essay On Influence" that Volume II of the William Mitchell Law Project gave presentations on tobacco registration portion of Orientation will be published by The Law and Review on Custody Relocation. Along regulation on Indian reservations at a and the preparation of the new Politics Book Review. Duxbury's study with professors Roberts, Kunz, and workshop of representatives of student folders for the incoming fall examines the degree to which legal Steenson, Oliphant developed materi- Minnesota’s tribal communities on class. Jennifer, who has provided scholarship affects judicial decision- als and programming for WMCL’s first the Leech Lake Reservation in Cass four years of exceptional service to making in the U.S., France, and ever all laptop wireless section. The Lake, Minnesota. Blanke assisted William Mitchell, assumed many of Britain. Other projects Professor group met on many occasions with local officials and community groups the responsibilities for this year's Krishnan is working on include an staff and others to plan the project, in Duluth and Cloquet in developing Orientation on August 13th when Pam India project evaluating the perform- which was launched on the first day successful proposals for new ordi- Richter, Assistant Director of ance of various ADR institutions in of school. The project is the first of nances to control exposure to Admissions for Operations, India and a three-country study (on its kind in the nation to have a secondhand smoke, and is now work- commenced an unexpected one- the U.S., Israel, and India) that "team" approach to evaluating and ing with community groups in month medical leave. examines how religious rights organi- experimenting with technology and Hutchinson, Rochester and other From May through July, David zations have been using the courts as its use in the law school classroom. Minnesota communities. In addition, Wheaton taught a section of the a vehicle for advancing their policy Professor Kenneth Port wrote "The on June 27, Blanke gave a presenta- Introductory Finance course at the agendas. Professor Krishnan will be Congressional Expansion of American tion on secondhand smoke and Graduate School of Business at the involved with the immigration law Trademark Law: A Civil Law System in workers’ compensation liability at a University of St. Thomas to students clinic during both the fall and spring the Making" for the Winter 2000 Duluth seminar on Secondhand pursuing MBA degrees. semesters of the 2001-2002 academic issue of the Wake Forest Law Review. Smoke in the Home Community and year. He also will be helping to He also wrote "Japanese Intellectual Workplace. organize a series of colloquiums that Property Law in Translation: In collaboration with the US-China the faculty will be conducting on the Representative Cases and Peoples Friendship Association tragic events that occurred in New Commentary" for the May 2001 issue (USCPFA), the WMCL Office of York, Washington D.C., and of the Vanderbilt Journal of Multicultural Affairs, and the Dean’s Pennsylvania. In addition, he shall Transnational Law. This summer Diversity Advisory Council, Joe be serving as a member of Mitchell’s Professor Port worked on the second LaForte organized an exhibition of diversity committee, which will be edition of his book titled Comparative photographs by members of the chaired by Michael Jordan. And, he Law: Law and the Legal Process in Beijing Photographer’s Association, in will be serving as a voluntary advisor Japan, which will be published in the the corridor outside the Warren E. to the American Cancer Society’s Summer of 2002. On September 11, Burger Library. The exhibition ran policy and advocacy center. with Professor Niels Schaumann, Port from June 11th through July 11th and This summer, Professor Christina presented a CLE entitled, "The Rules received wonderful feedback from the Kunz presented a program entitled According to E: Hot Topics in IP Law" public, as well as William Mitchell "Using Focused Lenses for Critical at the Sixth Annual Minnesota Law Reading" at the AALS Conference in and Technology Show. He also put Canada on New Ideas for Experienced the finishing touches on an article The September 11 Assault… Central Asia becomes increasingly Teachers entitled "We Teach But Do that will appear in the Vanderbilt continued from page 12 alarming, particular states won’t be They Learn?" In July, she was part of Journal of International Law in successful in persuading the Security a panel with Eileen Scallen and Bert September. On October 16, Professor international in character, there can Council to narrow the scope of Kritzer that presented "Language Port, with Professor Schaumann, be arguments over the exact and Resolution 1373. Much may depend Patterns and Interaction Styles will present, the "Copyright and intended scope of that authorization. on what happens in the coming days During Contact Negotiation Sessions: Trademark Case Update" at the This also does not mean that, if the and weeks. Power, Gender, and Race." at the Law MSBA/MCLE 2001 Computer Law course of the military operations in and Society Association conference in Institute, to be held at the Minnesota Budapest, Hungary . In August, CLE Conference Center, 7th Street and Professor Kunz presented (i) "Are the Nicollet Mall. A. Yes. I know Islam respects Revisions of Article 2 and 2A Finished Jihad And Terrorism Meanwhile, over the summer other faiths and their people and at Last?" with Linda Rusch and Ed continued from page 8 Professor Niels Schaumann chaired Islam calls for working together Huddleston, and (ii) "Click-through the Task Force on Electronic Course Q. Do you think it is appropriate towards the wellness of human Agreements: Strategies for Avoiding Materials that will report this fall on that the United States is worried that beings. If we have a healthy-minded Disputes on Validity of Assent" with issues and recommendations regard- other Moslems will become angry society, people can co-exist peace- Maureen Del Duca, Heather Thayer, ing electronic course materials with the United States because of our fully. and Jennifer Debrow at the ABA developed at the College. In June, he military action in Afghanistan? Do Q. Do you think the same thing Annual Meeting in Chicago. This Fall, presented a CLE program titled "Fair you think it is appropriate to worry is possible in the Middle East? Kunz will make presentations for the Use from Sony to Napster" and he was that otherwise peaceful Moslems will A. If the Palestinian people get Hennepin County Bar Association and the moderator on a panel that begin to follow bin Laden's message help from all freedom-lovers in the for the Minnesota Institute of Legal presented "Creating a Profitable in this time of war? world, including America, and obtain Education. Future for Your Law Practice" at the A. Yes. Moslems are angry their rights and freedom from Israeli The Washington Law Review MSBA Annual Convention. Also in because this war will result in more oppression, then yes; they can co- accepted Professor Richard Murphy’s June, Professor Schaumann presented bloodshed. If six thousand innocents exist peacefully. article, "Punitive Damages, on behalf of Special Committee on were lost in America, we may lose Explanatory Verdicts, and the Hard Security Interests in Intellectual more innocents in Afghanistan. Right Look" for Fall 2001 publication. It Property at the ABA-IPL Section now, we don't know how many lives explores the power of courts to Annual Meeting. Professor we’ve lost because we cannot get full require juries to explain the basis for Schaumann recently completed the information about what is happening their punitive damages decisions, first draft of a law review article in Afghanistan. Yes, if America why courts should use this power, reviewing the recent book Digital continues the attack, more peaceful Religion and the analogy to judicial review of Copyright. In addition, he negotiated Moslems may change their position. administrative discretionary policy a contract to write a casebook on Q. 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Date______The Opinion • Winter 2001 Page 15 Winter Calendar WMCL Events Special Holiday-type Events November November 11/1 Dean’s Round Table #3 11AM WMCL-Kelley Boardroom 11/10 to Field’s Auditorium Show: Marshall Fields Downtown - Mpls 11/2 Dia de los Muertos; All Souls Day 12/31 the Night Before Christmas Nicollet Mall 11/3 From Here To Attorney 1L Program 9AM WMCL-Oppenheimer 11/16 to A Christmas Carol Guthrie Theater Downtown - Mpls 11/6 Election day Get out there and VOTE! 12/30 at the Guthrie Theater 11/9 MPRE Exam WMCL and the U of MN 11/23 to City Children’s Nutcracker State Theatre Downtown - Mpls 11/9 Dean’s Round Table #4 7:45AM WMCL-Kelley Boardroom 11/25 11/11 Veteran’s Day Lest we forget…Wear red poppy today. 11/23 to Holidazzle Parade Nicollet Mall Downtown - Mpls 11/12 Evening Of Words & Music Guthrie Theater - Downtown Mpls. 11/26 Benefit for Gyuto Tibetan Monestary 11/23 to Walk the Wild Lights Minnesota Zoological Dakota County 11/14 CLE Seminar 3 - 5PM Firstar Building 12/31 at the Minnesota Zoo Gardens “Everything You Always…” 7th Floor Conference Room 11/23 to Holiday Traditions Minneapolis Central - Mpls Cost: $20 / RCBA members $35 / non-members 01/05 in the Period Rooms Institute of Arts 11/14 Spirit of ‘76 : Reunion 5 - 7PM Auditorium 11/30 to Holiday Magic Como Park Zoo Como Area - StPaul 11/14 1st-OCI Meltdown Event 5:30-6:30PM WMCL-Oppenheimer 12/21 11/15 Opinion publication day WMCL-Find your new Opinion today! 11/21 September 11 lecture series 12 Noon Auditorium December “Responses to Terrorism” 12/11 to Black Nativity Fitzgerald Theater Downtown - StPaul 11/22 Thanksgiving No classes. 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