Vol. 54, No. 5, October 28, 2003 University of Michigan Law School
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University of Michigan Law School University of Michigan Law School Scholarship Repository Res Gestae Law School History and Publications 2003 Vol. 54, No. 5, October 28, 2003 University of Michigan Law School Follow this and additional works at: http://repository.law.umich.edu/res_gestae Part of the Legal Education Commons Recommended Citation University of Michigan Law School, "Vol. 54, No. 5, October 28, 2003" (2003). Res Gestae. Paper 124. http://repository.law.umich.edu/res_gestae/124 This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. e�tae STUDENT NEWSPAPER oF nrn UNIVERSI1Y OF MICHIGAN LAw ScHOOL October 28, 2003 � �tnttl950 Vol. 54 No. 5 Caught on Tape: Yale Kamisar Talks About End of Teaching Career By Andy Daly and John nears its end, the RG sat down with now, more people go to Washington D.C., Fedynsky Kamisar to mix it up one more time. New York, Los Angeles, San Francisco, Dallas, Houston. So I think in terms of ave you had Kamisar? So goes It's been rumored this is your final students coming in and leaving and the common follow-up when year of teaching. Is that true? where they go, it's much more of a an alumnus finds out thatyou national law school. go to the Law School. Part legend and all It's my final year of teaching at character, Yale Kamisar is our Clarence Michigan. I'm teaching in San Diego from Has the character or the caliber of the Darrow Distinguished University January to May, but I'll be back in Ann students changed? Professor of Law. An expert on Arbor from May until January. I'll go back constitutional law in general and criminal as long as I can still do it. I'll still live in Obviously, they have more credentials procedure in particular, his course in the Ann Arbor, I'm not going to move to San and more impressive records, but frankly latter is a perennial favorite among Diego. I'll still live here, and still have an I don't see much difference in class. In students. He has been cited in at least 33 office here. Although not as big as the one fact, it seems to me, the student culture is Supreme Court opinions beginningin the I have now, since you lose your office such that few people volunteer. I get the early 1960s, and not for just one seminal when you retire. There'll be an auction feeling that students think they lose work, but for 19 articles, three casebook and somebody will bid for it. How I'm points with their classmates if they editions and one collection of essays. going to get rid of all my stuff I don't volunteer. I would say that preparation know. is not good. I stopped teaching first-year Beyond the scholarship is his engaging criminal law. I hated to give it up because, teaching style, which some find fearful You've been here since 1965. How you know, the students were so eager and and others wildly entertaining and much have things changed since then? so well prepared. But I mean, today's an effective. There is the lore of the book example. There's a first-year law student flinging episodes. "I was trying to make It's much more of a national law school. sitting in my class for the hell of it. They a point," explained Kamisar, noting that When I first came here, you'd pick the top didn't tell me anything, but they told he was teaching criminal law and was on states most represented in the student some other professors thatthey were just the case of the husband flinging a beer body and it would be Michigan, Ohio, aghast that I called on four people who mug at his wife, who was holding a lit Illinois, Indiana. Today it's Michigan, were not there. I called on four; the fifth lamp. Alas, that teaching tool ended after New York, California, New Jersey. I was person was unprepared. I realize that Kamisar accidentally broke a student's struck with the fact that there are fifty people are going all over theplace, flying eyeglasses. "I did pay for the glasses. It people from California in the first year all over the place, and fall is a bad time to was the last time I threw the book." class, and thirtyfrom New York. So that's teach if you want preparation. And I Though thespecific method has changed, just one example, I thinkthe students now thought about cracking down and saying Kamisar still tries to, in his words, "mix go all over the country more than they if you're unprepared six timesyou lose a it up" with his students. As his last used to. And I think in the 1960s we were grade, or if you aren't there eight times semester of teaching at the Law School very strong in Cleveland and Chicago, Continued on Page 10 � · �es �=e s= t=ae======�=�==®=be=r2=00= 3 ���� ----------------- �2�===���� ====� �� l\es �estae ACS and BLSA Host Editor in Chief' Assault on Gun Violence Andy Daly conflict with the fifty-year long stated By Andy Daly position of theDOJ on this issue. Managing Editor: Jessie Grodstein Kennedy n Thursday October 23, the The speaker also pointed to some American Constitution Soci judicial activism on the part of the 5th Executive Editor: ety and the Black Law Circuit in an October 2001 case, U.S. v. John Fedynsky Students Alliance welcomed Matt Miller, in which the court, in dicta, Nasunchuk to speak about gun control. recognized an individual right to bear Contributing Editors: Nasunchuk is the litigation director for arms, although the defendant in the case the Violence Policy Center, a research and apparently did not have such a right. D.C. Lee, Andrew Cattell, political lobbying organization based in Sharon Ceresnie, Washington, D.C. Nasunchuk addressed Nasunchuk continued by attacking the Sara Klettke MacWilliams, this topic with a multimediapresentation academic support for gun control Michael Murphy, Matt Nolan, which included a Powerpoint slide opponents, and outlining litigationefforts Jana Kraschnewski presentation outlining the views and by the NAACP against gun goals of his organization's pro-gun manufacturers. He outlined how cases Web Site Editor: control platform. were brought and studies made likening Steve Boender gun violence to a public nuisance or a During his speech, Nasunchuk urged contagious disease. Artist: groups such as ACS and BLSA, along Philip Weintraub with Democrats in general to embrace the He also expressed concern over the gun control issue. He discussed the soon to expire federal assault weapons contours of the constitutionaldebate over ban and urged that pressure should be the2nd Amendment. N asunchuk pointed applied to secure its extension. out that much criticism has been directed Res Gestae is published biweekly during the school year by students of the University of at gun control advocates for their Nasunchuk offered data to support the Michlgan Law School. Opinions expressed in perceived switch in their approach to notion that all increases in the homicide by lined articles are those of the authors and do individual versus state rights when rate from 1988 to 2000 can be attributed not necessarily represent the opinions of the interpreting the 2nd Amendment's "well to gun violence. He also pointed to the editorial staff. Articles may be reprinted with out permission, provided that the author and Res regulated militia" clause. He countered fact that victims of gun violence are not Gestae are credited and notified. with the suggestion that this criticism only disproportionately black, but that goes in both directions. He argued that black victims outnumber all others in Res Gestae welcomes submissions. Please place gun-control advocates have been absolute terms. all articles, columns, or opinion pieces in the Res Gestae pendaflex located on the thlrd floor notorious il'l their hyper-focus on the of Hutchins Hall across from the faculty "right to bear arms" language of the In conclusion, Nasunchuk pointed at mailroom. Submissions may be made on 3.5" amendment, citing to the NRA putting the gun industry as primarily responsible disk or via email (preferably as an MS Word only this second half of the amendment for theproblem of gunviolence. He urged attachment). Res Gestae reserves the right to edit all submissions in the interest of space. on the side of a building. that they have not taken a reasonable or socially responsible approach to Mailing address: Nasunchuk told students about a May marketing their uniquely durable and Res Gestae 2001 letter from Attorney General John lethal products. University of Michigan Law School 625 South State St. Ashcroft to the National Rifle Association Ann Arbor, MI 48109 supporting their cause. Of particular Nasunchuktook student questions and Phone: (734) 936-2574 concern to Nasunchuk was the fact that clarified that his organization is not the letter was on Department of Justice concerned with hunting or sport rifles, Web SiteAddress: http://www.law.umich.edu/ letterhead and cited "wildly selective but wants to extend the federal ban on J ournalsandOrgs/rg/ scholarship" and made "dubious assault weapons and to eventually ban Qf!ke.; historical claims" in support of an handguns. 116 Legal Research individual right to bear arms. According [email protected] to Nasunchuk, this position was in direct -----------�11 l\.eg </9e1)tae 28 <!&ctoher2003 �-- 3 II Lecture on Academic Freedom Features Professor's Thoughts on Civil Liberties times of crisis.