Panel Probes Enviornmental Impacts of Factory Farming, Animal

Home , Eva Mendes, James Gray (director)

the commentatorThe Student Newspaper of the New York University School of Law Volume XLV, Number 5 November 14, 2011 First-Year Gender Gap Panel Probes Enviornmental Impacts Widens Dramatically of Factory Farming, Animal Anibiotics Citing Lower Yield, Admissions Vows By El i z a be t h Ha l l i n a n ’13 cheap as it appears because the difficult to know where to start. Co n t r i b u t i n g Wr i t e r price to consumers excludes the Animal welfare, human health, to Enhance Outreach to Women; It is no secret that there is extensive environmental and workers’ rights, and many other something wrong with the food health costs to society — what issues are implicated in the mess JD Student Body Only 41% Female system in this country. Some economists call “externalities.” of the CAFO system. Americans go hungry, while Mr. Fulton noted that Ameri- So what can we do? Mr. By Ha n n a h Ba k e r ’13 a delicate line between reaching others suffer obesity from con- cans used to spend far more Bittman, author of several St a f f Wr i t e r out specifically to women and suming too much high fructose money on food than on health cookbooks, hopes that we start Why is this year’s 1L class implying that all women share corn syrup and too many nutri- insurance, but that ratio has cooking more at home and rely- only 40 percent women? No one certain interests. ent-poor processed foods. reversed. He specu- seems to know. But at least a few Outreach usually does On Tuesday, October 25, lated on a causal firm things can be said about this work, though, Kleinrock said. NYU Law’s Student Animal Le- link: deteriorating worrying statistic. It’s worked in the past. The gal Defense Fund and the Envi- food quality has First of all, this is definitely a class of 2013 had an unusu- ronmental Law Society hosted made Americans downturn. While men outnumber ally low percentage of Asian a panel to discuss another crisis sicker. women, both at NYU and in law students — 8.8 percent. The in the American food culture: Ms. Sorenson school in general, the difference Office of Admissions spoke the environmental implications explained that 80 has not been this sharp in a single to student groups, coordinated of concentrated animal feeding percent of all an- NYU class since 1996. outreach, and saw this year’s operations (CAFOs), colloqui- tibiotics in the U.S. Second, the biggest problem group of Asian 1Ls rise to 13 ally known as factory farms. are fed to CAFO is at the yield stage — the stage percent. But admissions statis- The panel was comprised of animals. These an- at which admitted students decide tics are still far from accurately Mark Bittman of The New York tibiotics are given between their offers and send in predictable, and the Office was Times; Kevin Fulton of the sus- subtherapeutically, their deposits. In 2011, 45 percent blindsided by 2011’s low yield tainable Fulton Farms; Jonathan meaning they are Mark Bittman of acceptance letters were sent of female 1Ls. Lovvorn of the Human Society used not to improve out to women, about the same While this year’s drop can of the United States; and Jen animal health, but to enhance ing less on the food industry to percentage as most years. But in be attributed to the yield, the Sorenson of the Natural Re- growth rates and improve feed tell us what to eat. Ms. Soren- the yield stage, the percentage of percentage of women choos- sources Defense Council. David efficiency. Unfortunately, as son suggested that focusing on women dropped by five percent, ing some other law school over Wolfson, who teaches NYU’s Mr. Bittman pointed out, this human health concerns is an revealing a disturbing truth: fewer NYU is not the only problem. Animal Law seminar, served as extraordinary overuse of anti- effective litigation tactic. Mr. women than men are choosing The national applicant pool moderator. biotics contributes to the grow- Lovvorn has found nuisance NYU as their law school. for law school is as evenly split Mr. Fulton explained that ing prevalence of “superbugs” law to be a fruitful litigation Ken Kleinrock, Assistant as the general population, but CAFOs are not the mom-and- that are resistant to therapeutic strategy. And Mr. Fulton in- Dean for Admissions, is con- the “top” of the pool — the pop family farms depicted use of these antibiotics when vited the entire audience to see cerned about the gap. “I take it students that, based on GPA on milk cartons. The EPA animals — or humans — need his sustainable farm at work in almost personally,” he said. He and LSAT scores are within the describes “animal feeding op- treatment. Nebraska. Judging by the warm doesn’t understand what it is reach of NYU’s possible con- erations” as “agricultural op- As one audience member reception given to him and all that deterred a higher percentage sideration — is split 60/40 in erations where animals are kept commented after the panel, a the speakers by the audience of women from NYU this year, favor of men. At almost all of and raised in confined situations challenge to discussing factory that night, I might not be the but he is determined to find out. the U.S. News and World Re- … which congregate animals, farming is that, with so many only one to take him up on his The Office of Admissions is port’s top ten law schools, men feed, manure and urine, dead issues of concern, it can be offer. stepping up its efforts to reach outnumber women by at least animals, and out to women, particularly dur- two to three percent. At NYU production ing the critical post-admission the difference is fairly drastic operations on period. The office has asked for — the total JD student body is a small land help from student groups such as only 41 percent women. area.” Mr. Bitt- man worries There is no definitive answer on about the environmental why this disparity exists, although damage these there are many guesses. Despite the operations cause. CAFOs “more than one hundred years that are major pol- luters of local have passed since NYU first admit- toxins (from overflow- ted women, female lawyers and law ing manure lagoons, for students still face bias and pressure example) and greenhouse at all stages of their careers. gases. Mr. Bittman ex- ” plained that Law Women, and will be meet- There is no definitive an- meat is not as Unlike this farmer, factory farming relies on “animal feeding operations.” ing with committees of female swer on why this disparity ex- alumni and professors to decide ists, although there are many on a strategy. guesses. Despite the more than Kleinrock says that he wants one hundred years that have Ditch the Icicles and Enjoy a Cup of Hot Chocolate This Winter page 2 to make female applicants aware passed since NYU first admitted of some advantages about NYU women, female lawyers and law — among them the high numbers students still face bias and pres- The Twilight Zone of 1L Dating page 3 of female faculty and the oppor- sure at all stages of their careers. tunities to study women’s rights But with any luck, at least next Infra Double Dose of Joaquin Phoenix page 4 and gender issues in law. But at year we will see a more nearly the same time, he said, “I don’t equal percentage of women in want to be seen as pandering.” It’s the class of 2015. Page 2 Editorialsc November 14, 2011 Beating the White Witch: See the Sights this Holiday Season

By Le i g h t o n De l l i n g e r ’12 South Texas roots make me Ed i t o r -i n -Ch i e f a terrible ice-skater. I can’t Now that Fall Ball is over go quickly and I fall down. it’s time for us to get serious … Constantly. If I invite you to about the holiday season! Dis- join me at Bryant Park or the claimer: I love holidays. All of Highline this holiday season, them. Christmas with my fam- you should make up an excuse ily is my favorite, but Thanks- to go another day — I will giving is a close second. I think keep pace with six-year-olds what I really love is the season and pull you down when I and the attitude that goes with fall. I will have a great time it. Suddenly, getting elbowed so it may be an enjoyable by a surly New Yorker on a experience for you, but it will cold day turns into a cheery be enjoyable the same way interaction — “Excuse me! that “The Smurfs” movie Happy holidays!” Fall leaves lit- was enjoyable when I saw ter the streets and before long, it with my little cousin (she small twinkly lights reflecting ate her weight in candy and off banks of snow light up giggled the whole time. That the city. Every window looks was adorable. Everything warm and inviting; stores and happening on the screen was apartments take on the smells horrible.) of the holiday — gingerbread, For those of you staying pumpkin, and apple pie; and in New York for Thanks- riffs on turkey, dressing, and giving, and especially for cranberry show up on special Seinfeld fans, the inflation of holiday menus. The weather outside gets frightful, but there’s a silver lining: Ice-skating, Christmas trees, and delicious holiday treats. the annual Macy’s Thanksgiving The problem with the holi- and take advantage of my super- Day Parade Balloon Inflation day season in law school is a lot flexible student schedule. I have will take place on the Wednesday like the problem in Narnia: it’s a feeling that I will not get to go evening before Thanksgiving. I’ll always winter and never Christ- ice-skating in the middle of the be warm and beach-side in good mas. The most wonderful time day on a Tuesday when I am a ol’ Corpus Christi, Texas, but if I of the year is spent cooped up “real person” with a “real job.” were in NYC you would find me at omment in the library. Instead of sipping But that is just a guess. Besides, Columbus Avenue and 77th Street The Eager Reader hot toddies and hot chocolate and New York City is the destination watching Woody the Woodpecker c singing carols over candlelight for the holidays. My favorite tour- inflate and pretending that I was we drink horrible watery cof- ists — Midwesterners donning (or maybe wasn’t?) invited to fee under florescent lights with fashion-savvy combinations of Tim Watley’s annual day-before- a sandwich from the deli while cameras-with-neck-straps, jeans, Thanksgiving party. we angrily shush the LLMs using and tennis shoes — will flood When we get back in January, outside voices by the printers. I’ve our city. For once, I want nothing New York will be like Narnia still always thought it sad that we are else than to be where they are: — it will be cold and snowy and the too preoccupied in December to they are the tastemakers of the we will be inundated with “win- commentator try mix,” a deceptively cheerful really enjoy the holiday season, but holiday season. The Student Newspaper of the New York University School of Law in January when it’s just cold out- First, I will definitely go to moniker for a miserable slush of Editors-in-Chief side we are free as birds (Schedule- the lighting of the Rockefeller snow, rain, ice, and residual street Leighton Dellinger ’12 wise. We will all, inevitably, spend Center Christmas tree this year. I urine. It will be fun because we and January indoors under layers of will go. I say this every year, and won’t have seen each other for Terra Judge ’12 wool, hibernating until the out- every year I wind up spending the a whole month and we will miss doors are again habitable). afternoon playing on Facebook or Triona and the hot chocolate from But it doesn’t have to be this reading everything Gawker has Tea Spot (and maybe, just maybe, Managing Editor way! We can beat the white witch! ever posted instead of studying. the thrill of law school classes) Matthew Kelly ’13 As I scramble to make my study This year, the tree will be lit on but we won’t have the chance to schedule I have a few goals: get Wednesday, November 30 at 7 enjoy New York at the most magi- Staff Editors started early (This is always a p.m. I will be there with bells (and cal time of the year. And for that, Thomas Prieto ’13 goal. It never happens.), make a puffy coat) on. we should all make a little time to Grant Tse ’14 time to enjoy the holiday season, I will also go ice-skating. My enjoy the holiday season! Claire Vinyard ’14

Staff Writers Hannah Baker ’13 Farrell Brody ’12 Ryan Kairalla ’12

Crossword Editor Staff Photographer Chris Robertson ’11 Gerardo Gomez Galvis ’12

The Commentator serves as a forum for news, opinions and ideas of members of the Law School community. The Editorial Board consists of the Editor-in-Chief and the Managing Editor. Only editorials and policies developed by the Editorial Board reflect the opinion of the Editorial Board. All other opinions expressed are those of the author and not necessarily those of The Commentator. The Commentator is issued on alternate Wednesdays during the academic year except during vacations and examination periods. Advertising rates are available on request. Subscriptions are also available at a rate of $15 per year. Letters to the Editor should be sent to the following address, either on paper or via e-mail. All submissions become property of The Commentator. 240 Mercer Street New York, NY 10012 212.998.6080 (phone) [email protected] November 14, 2011 Opinionc Page 3 Juggling Two Girls and Waiting for 1L Boys to Grow Up Into Real People

By Tr u t h Ba de r Gi n sbe r g most people — myself included you’re not exclusive. I know. only one or two years off. That in one of those heart-swelling, — subscribe to a theory of non- It sucks. But do it. But if you means over two-thirds of the cue-music moments that these Dear Truth, monogamy until monogamous. refuse, or if things just some- people you run into on a daily friends have grown up before Call me jaded, but I think it’s a times get carried away, I think basis are under 25 or 26. And my very eyes over the past two Is there such a thing as implied perfectly reasonable presump- all parties need to be explicitly you know what that means for years. The guy who always pri- monogamy? I’ve been worrying about tion that a young stud like your- aware that your arrangement the males — and females — of oritized his work over his per- this lately. I’m hooking up with this self can do whatever you want is not exclusive. Nothing says this cohort? Many at this age sonal life is now on OkCupid. girl, but I don’t want it to be exclu- with whomever you want until dirty talk like informed consent don’t really have enough life The one who wouldn’t even sive. And by that I mean I made out one party cares enough to speak agreements, hmm? experience to know what they’re look at anyone bigger than a with someone else doing. size two is going on dates with this weekend and Dear Truth, Before you call me a conde- a size ten. The one who refused I’d like to pursue The moral of the story: these it further. But, These dudes at um, I still like guys (and ladies) get a clue at this school are driv- sleeping with the ing me nuts. I’m first girl. And it some point. Right now, they can’t a 1L female. I got isn’t just a sex see four feet in front of their out of a relation- thing with Girl “ ship right before omment One; I take her casebook. But give it time and school started, so Habeas Coitus with out on dates, we I’ve been having c hang out with don’t worry about it, and for a good time being Truth Bader Ginsberg clothes on, have single. But what sleepovers, etc. goodness sake, please don’t inter- is with the dudes Girl One and I here? I’ve hooked up scending and bitter 3L, tossing to assign the “girlfriend” label haven’t had any nalize it. with a few of them, recklessly blanket generaliza- to the lady he saw every night kind of con- and they’re either so tions around, let me share a of the week for months now versation about ” awkward the next story. This weekend, I was lives with her. The one who exclusivity, or getting more serious, up and strike “the talk” match. day at school that I want to tear my hanging out with some of my never let any girl live up to his or anything like that. So nothing Who knows; maybe Girl One hair out, or they’re consciously trying male 3L friends, all of whom long-distance ex is now picking should prevent me from pursuing has a dish or two on the side as to give me the cold shoulder so that began law school at ages 23 up thirty-somethings at the bar. Girl Two simultaneously, right? But well. And even if she doesn’t, I “don’t get the wrong idea,” or we to 25. I’ve known these guys And these friends got to wit- I don’t know, it feels sleazy somehow. until you both establish that have to have these stupid talks about since early on in our first year ness my learning curve too, as I’m worried this girl thinks we’re you two want to lock it down, how we don’t want it to be awkward at NYU, and I remember the I stumbled immaturely through exclusive, and thus me making out you’re free agents. Please note because we’re in the same section, etc., way in which many of them my own personal life. I don’t with someone else is some kind of that my answer addresses none etc. How can these guys not under- used to behave: like teenag- quite know how to describe the constructive cheating. Thoughts? of the auxiliary problems you stand normal dating? I didn’t know ers. Or, like, this weird hybrid paradigm shift, but something might encounter (e.g., running I’d be entering the twilight zone when of a smart brain plus a penis just ... happened over the past Hey, so, can I get your into Girl One while out with I came to law school. plus a barely nascent emotional couple years. To put a Dawson’s number? You’re a catch. You Girl Two, or Girl Two sees Girl intelligence. Sorry, guys. Please Creek point on it, we grew up win 100 points right off the One’s name pop up on your iP- I think your problem isn’t continue to be my friend after together. bat because you’re thoughtful hone ... you get the idea). So sow the fact that these guys are 1Ls, reading this. But seriously, they The moral of the story: enough to even consider this those oats at your own risk. necessarily; it’s the fact that a wouldn’t have known (or didn’t these guys (and ladies) get a clue sort of thing. Many people in Oh, and one caveat: if lot of them are just young. I know) a good thing if and when at some point. Right now, they your shoes would simply date you’re not using a condom with can’t find the exact statistics, it hit them over the head. They can’t see four feet in front of and sleep with two people and Girl One, and/or if you don’t but something like 30 percent were in love with the New York their casebook. But give it time not give it a second thought. It’s intend to with Girl Two, that of the 1L class came directly City dating scene’s circus; they and don’t worry about it, and the way of the world right now, changes things a bit. First off, from college to law school, and were in love with the law, with for goodness sake, please don’t especially in this city. I think be smart and use a condom if another 40-plus percent took their professors, with study internalize it. This isn’t really groups; they were in love with about you. Every early-twenty- sex and accumulating atten- something eventually becomes a Union Asks for Wage, Benefit Increases tion from potential dates. They real person at some point (I’m were in love with attracting not there yet, but my fingers are women, but they usually weren’t crossed). And for now? Look even “in like” with the women elsewhere. Onward and upward. in Contract Negotiations with NYU themselves. And this applies to Date these folks in a few years, By No e l i a Ro d r i g u e z sity’s proposed annual wage ance process for complaints of myself and many of my female once they grow into their own The Union of Clerical, Ad- increases would be completely discrimination. friends as well. skin and begin to be able to look ministrative and Technical Staff obliterated by the proposed Contract negotiations be- But! It hit me on Saturday beyond it. at NYU (Local 3882, NYSUT, increases in health insurance gan on September 16. On Oc- AFT, AFL-CIO) is currently in costs. tober 27, at a bargaining session contract negotiations with the Most alarming, however, with NYU representatives, University. UCATS is not asking is NYU’s request that UCATS more than 120 UCATS mem- for anything bers spoke out NYU cannot against NYU’s afford: wages proposals and that keep up articulated the with the rising financial hard- cost of living ships they en- in New York omment dure currently, Have An Opinion? and affordable Lettter to the Editor noting that six health insur- c years of pay cuts Share It With the School in ance. would be devas- However, tating. Although despite a profit the University The Commentator. of over $114 claims that they million last year, NYU has made members waive their right to have not presented their final wage and benefit proposals that seek relief from discrimina- offer, they have neither modi- add up to six years of pay cuts tion with the Equal Employ- fied nor withdrawn any of their for the clerical and technical ment Opportunity Commission proposals. UCATS’ previous [email protected] staff. (EEOC), limiting discrimination contract with NYU, which NYU’s current health in- complaints solely to the griev- expired October 31, will be surance proposal increases ance and arbitration provisions extended while negotiations premiums for family coverage of the contract. This comes continue. as much as 270 percent by 2016; after NYU’s recent settlement For more information re- in addition, NYU has proposed of an EEOC lawsuit, culmi- garding the status of negotia- steep increases in co-payments, nating in a Consent Decree tions and UCATS events, please coinsurance and out-of-pocket that included the payment of visit the union’s contract blog maximums amounting to thou- $210,000 to an employee and in- for daily updates: http://uc- sands of dollars. The Univer- creased oversight of the griev- ats3882.blogspot.com/. Page 4 Artsc November 14, 2011 The State of Cinema: James Gray/Joaquin Phoenix Brooklyn Double Feature “We Own the Night,” “Two Lovers” Showcase Astounding Performances by the Famed Actor

By Th o m a s Pr i e t o ’13 Mendes, who is wearing a short St a f f Ed i t o r black dress, lustily laying on a Photos of brutal fights be- decadently golden couch. So between the NYPD and criminals gins one of the best (and sexiest) in the late 1970s flash by on the opening scenes in 21st century screen as a jazz band plays the American cinema. sort of somber, trumpet-led The film that this scene song one might expect to hear opens, “We Own the Night” in a Bogart noir. The song fades (2007), has a pretty basic plot. out on a photo of a police of- Joaquin Phoenix plays Bobby ficer (in spectacular ’70s plaid Green, the manager of a success- pants) examining a body at ful nightclub in Brighton Beach. the morgue. A faint electronic His brother, Joseph Grusinsky

omment c The Man With a Name Gwyneth Paltrow plays a self-destructive blonde across an awkward yet charismatic Joaquin Phoenix in “Two Lovers.”

join his family, with which he has ward yet charismatic young man awkward, yet sincere, moments. drumbeat begins to fade in. (Mark Wahlberg), is a rising star a complicated history, in their that is torn between two women: It also raises some difficult The image suddenly changes in the NYPD and his father, war against crime. the self-destructive blonde, Mi- questions. If Leonard settles as Blondie’s “Heart of Glass” Burt Grusinsky (Robert Du- James Gray’s subsequent and chelle (Gwyneth Paltrow), and for Sandra instead of Michelle, surges. Joaquin Phoenix, who vall), is the police deputy chief. most recent film, “Two Lovers” the family-approved and safe is this a good thing? Do we is wearing a red shirt, emerges After a Russian gangster that (2008), also has a rather basic brunette, Sandra (Vinessa Shaw). want him to live out his ill-fated from the shadows and walks frequents his nightclub makes plot. Joaquin Phoenix, who stars Although these plots may seem dreams with Michelle instead? toward the camera. A reverse an attempt on his brother’s life, in three of Gray’s four feature rather boilerplate, Gray handles What of Sandra then? Is it not shot shows the beautiful Eva Bobby Green is compelled to films, plays Leonard — an awk- them with such deft and sincer- unfair that she be treated as an ity that he avoids clichés alternative in case things don’t and forced melodrama. work out with Michelle? Or are He is also able to elicit things more complicated and some spectacular perfor- less binary than they seem? Is it mances from his actors. possible that redemption can lay Phoenix is astounding in in resignation? both roles, but especially James Gray carries this idea so as Leonard in “Two of sincerity over to the film’s Lovers.” Paltrow delivers dialogue. Unlike most films, a great performance, as which have hyper-stylized writ- does the always-fantastic ing — from the high quip ratio Isabella Rossellini, as of Quentin Tarantino’s scripts Leonard’s mother. to the every-word-is-profound Gray’s films focus on dialogue of Paul Thomas An- the conflicts that arise derson’s scripts — the dialogue between individuals and in Gray’s films is decidedly mun- their families. These con- dane. His characters sometimes flicts arise because the say the sorts of things people protagonist has desires say to each other for the sake or aspirations that are di- of saying something to each vergent from those of his other. They make bad jokes or family. Bobby Green just inane statements to help pass wants to manage some the time while eating dinner or clubs with his girlfriend, during long cab rides. Gray uses but his family wants him his actor’s facial expressions to to join the fight against convey many of the emotions a rising crime syndicate that others might convey with in New York. Leonard words. wants to run away with Let us also not forget that Michelle, but his family James Gray can shoot one heck wants him to settle down of an action sequence. “We Own with Sandra and run the the Night” features a chase scene family business. The draw in the rain that equals anything of the outside world func- in “Drive.” Shot almost entirely tions as an obstacle for from Joaquin Phoenix’s perspec- both Leonard and Bobby. tive, we are forced to stand by as Gray conveys this visually helplessly as Phoenix’s character by flushing the interior of while Russian gangsters attempt our protagonists’ homes to murder him and his father. with an uncomfortable The chase is shot in a beautiful golden light. Leonard’s blue tint that makes everything family apartment is like look like a shade of grey or a jail composed entirely black. As moments of violence of hallways and picture enter the picture, the film’s pal- frames. Leonard and ette is continually muted and Bobby’s dreams are de- Phoenix’s character transforms lusions. There’s really no from charming and charismatic way they could turn out to troubled and brooding. as planned. This refusal by Gray “We Own the Night” is avail- to glorify either of our able on DVD. “Two Lovers” is protagonists’ choices available on DVD and for instant Eva Mendes and Joaquin Phoenix combine for the one of the 21st century’s sexist opening scenes in “We Own the Night.” leads to some incredibly streaming on Netflix.