WILLIAM MITCHELL COLLEGE OF LAW STUDENT NEWSPAPER

VOLUME 46, ISSUE 1 FALL 2000 MITCHELL DUO GLOBAL CHAMPS Inside this issue: Grosland, Culp Win International Negotiation Competition William Mitchell Public Relations Department Special points of interest: in the negotiations. A panel of judges observed the sessions. The final round was a three-way negotiation, From the Editor 2 where two teams each represented a 50-percent shareholder in a fictional company, and the third team represented a party interested in buying the company. Prior to the competition, each team received negotiation simulations, including a common set of facts known by all WMCL Forum 2 participants and client directives known only to participants representing a particular side. Culp grew up in Green Bay, Wis., and earned his bachelor of business administration degree at the University of Wisconsin-Oshkosh. Before law school, he worked as a credit analyst and commercial Cartoons 6 Karen Olsen, Peter Culp, Bruce Grosland, Ned Ostenso lending trainee for First National Bank-Fox Valley; as a legal A team from William Mitchell "William Mitchell is extremely proud assistant-administrator in the legal- College of Law tied for first place in of our team and coaches for their affairs office at the University of the 2000 International Negotiation great achievement in this Wisconsin-Milwaukee; as a systems Competition held July 7-9 in competition," says Harry J. analyst in the Wisconsin public Wollongong, Australia. WMCL tied Haynsworth, William Mitchell's defender’s office, and owned and with Victoria University of operated TechnoLaw, a small 7 president and dean. "I know that SBA Update Wellington, New Zealand. This is the they all worked hard in preparing for business that provided computer and first time in the law school’s history this competition. Their achievement network support. After passing the that a student competition team is an important mark of excellence bar exam, Culp will join the Kennedy captured first place in an not only for our competitions & Graven law firm, Minneapolis, as international competition. program, but the entire institution." an associate, working primarily in Peter J. Culp and Bruce A. Grosland Coaches of William Mitchell’s the public-finance area. He lives in competed against five teams negotiation teams are Karen D. the St. Paul suburb of Gem Lake. representing four countries at the Olson, manager of the consumer Grosland earned his bachelor’s Student Organiza- 8-10 competition, which was hosted by the enforcement and antitrust division of degree at the University of tion Roundup faculty of law at the University of the Minnesota attorney general’s Minnesota-Morris and a master’s Wollongong. A team from the College office, and Ned E. Ostenso, partner in degree and additional educational of Law, London finished third. the Hopkins law firm Merrigan certification at St. Cloud State Culp, a May 2000 graduate of Brandt & Ostenso, who practices in University. He served in the U.S. William Mitchell, and Grosland, who the area of litigation. They tied for Navy and was an elementary teacher finished his J.D. degree at WMCL national first place in the negotiation in Morris, Minn. He held this summer, advanced to the competition in 1993, when they were administrative positions in public Special DFL 13 international competition after students at William Mitchell. school systems in Minnesota, including Kerkhoven-Murdock- Promary Feature taking first place in the American Negotiation competition tests law Bar Association’s 1999-2000 National students’ skills in a process that’s Sunburg, Appleton, Clinton- Negotiation Competition in Dallas, central to what nearly all attorneys Graceville, Crosby-Ironton, and Lake Feb. 12-13. They took first place at a do on a regular basis: communicate Crystal-Wellcome Memorial. He has regional competition Nov. 6-7 at the with counsel representing other helped manage his family’s jewelry University of South Dakota. parties to resolve disputes and to and music business and has served Grosland credits what he refers to as structure transactions and as minister of music at Living Waters Lutheran Church, Sauk You Might’ve 15 the “Mitchell component” for much of agreements. the team’s success. “Peter and I were The international competition Rapids. After law school, Grosland Missed It like a microcosm of Mitchell,” says included three rounds of negotiation. plans to practice law or work in Grosland. “We were an example of During the first two rounds, each education or a closely related area. that unique blend of ‘traditonal’ and two-person team represented a He lives in Sartell, Minn. He is ‘non-traditional’ students that makes fictional client and had face-to-face educational consultant to the law WMCL so unique in terms of law meetings with a team representing school and plans to teach education schools.” another client that was also a party law at St. Cloud State University this fall. PAGE 2 VOLUME 46, ISSUE 1

The Opinion Editors-in-Chief Lisa M. Needham thrilled that our first issue is hitting the proverbial The Opinion, Round Two stands right at orientation—that key time of trepi- dation and anticipation. My geekiness being abso- The Editors of the Opinion have begun the search for mate- rial to appear in our next edition, due out in August of 2000. “Well, we managed by the very skin of our lute, the start of each school year gives me a re- If you are interested in contributing an article, editorial or teeth, whatever that archaic Thorton Wilder-esque newed thrill. It reminds me that I came to law artwork, please forward your submissions to “The Opinion; phrase might mean, to get our first issue of the val- school because I can’t think of anything luckier c/o William Mitchell College of Law, 833 Summit Avenue, iantly resurrected Opinion out during finals last than another chance at education. Joseph Addison Saint Paul, MN 55155”, or to “[email protected]”. spring. We had the usual errors—both of grammar once said that education is “a companion which no The Opinion has selected its Editor-in-Chief for the 2000- and judgment—that accompany last minute activ- misfortune can depress, no crime can destroy, no 2001 academic year, but remains interested in identifying ity of any sort. enemy can alienate, and no despotism can enslave.” more raw, unabashed, journalistic talent for positions as Full disclosure, journalistic and legal: I didn’t dig Contributing Editors, If you are interested in being a mem- We swore this issue would be easier. We’d ber of the Opinion staff for the 2000-2001 academic year, take it slow, plan all summer, recruit new writers, up the Addison quote myself, but cribbed it from please forward your letter of interest, along with a writing and stroll into fall orientation with a brand the venerable Lewis Lapham at Harper’s. How- sample or column idea to The Opinion; c/o the Managing spankin’ new new and improved Opinion. ever, it’s true nonetheless. We are all damn lucky Editor. Ummm… to be here. The success of this newspaper and is tied to our ability and This is the fifth publication, large and small, I’ve Enough said. We’re here. We’re back. We willingness to build a community that appreciates and culti- worked on, and I’m now privy to the dirty little se- have the same vague, havoc-creating agenda as vates a diversity of opinions and points of view. The contri- cret of journalism: newspapers, much like appellate before. But this time, we have a whole year to in- butions of students, staff, faculty are essential to make this dulge ourselves.—Editor Lisa M. Needham venture successful. We look forward to hearing from you. briefs, are always, always, always done at the last possible minute. Speculation as to why this works this way is useless—adrenaline, laziness, fear—all Staff of these things could be a (or the) factor. It really Business Manager: Faculty Advisor doesn’t matter. Suffice to say we’ve been running Jennifer Macaulay Douglas R. Heidenreich around like madmen for the last few weeks. It did- n’t help when the business manager of the U of M paper laughed at us and explained that we should Contributing Editors: Chris Frank, Dan Gilchrist, have a staff. Staff??? Patrick W. Ostergren, Chris Leeder, Jennifer Hen- So, we rolled this out just in time for orien- derson, Angela Ring tation, and, for all my bluster, I’m honored and thrilled to be at the helm of this year’s Opinion. I’m

The Eighth Circuit, the Supreme Court, and a Woman’s Right to Choose

tive passed a partial ening conditions like depression, which would birth abortion ban by a render the law meaningless and allow doctors to vote of 287 to 141, continue to perform partial-birth abortions on which is a large demand, “ comments Dr. Franz. enough margin to over- On the Other Hand... ride an expected presi- "We are cautiously pleased that the Su- dential veto. Legisla- preme Court has joined with the vast majority of tion banning the proce- lower courts in striking down these dangerous dure has twice been and deceptive bans," said National Abortion passed by Congress, Rights Action League (NARAL) Foundation Vice but President Clinton President and Legal Director Betsy Cavendish. vetoed both bills. The "We have always maintained that such bans are president said he extreme, deceptive, and unconstitutional as they would sign a ban if it generally lack an exception to protect women's provided for exceptions health and could ban a number of safe abortion in cases where the procedures, including some used in the earlier pregnancy presented a stages of pregnancy." health risk to the "The Supreme Court's 5-4 decision spot- mother. lights the judicial branch's role in protecting and Currently, 30 preserving the reproductive rights of American states have passed par- women," continued Cavendish. "In the face of tial-birth abortions ever-increasing legislative assaults on the right bans, but these laws to choose, the courts often must draw the line by On June 28, 2000, the United States Su- face challenges in court. Laws in Nebraska, Iowa and Ar- striking down laws that threaten the very heart preme Court struck down Nebraska's ban on late- kansas were struck down by federal appeals courts, while of Roe v. Wade." term abortions, ruling that the ban violates the similar laws in Illinois and Wisconsin have survived legal The Debate constitutional rights of women seeking to end a challenges. This issue of The Opinion Forum is pregnancy. The 5-4 decision could have major rami- On One Hand... dedicated to the hot debate surrounding this im- fications in the 29 other states that have late-term "The U.S. Supreme Court has ruled that Roe v. portant legal, medical, ethical, constitutional procedure bans in place. In January, the Supreme Wade equals partial-birth abortions,” said Wanda Franz, and religious issue. Lisa Needham’s article dis- Court reviewed the constitutionality of banning Ph.D., president of the National Right to Life Committee cusses the legal and constitutional history of late-term abortions, often called partial-birth abor- (NRLC), in response to the U.S. Supreme Court ruling in abortion in the United States. Doctor LeRoy tions. The case, Stenberg vs. Carhart, is the first Carhart. “Partial-birth abortion is murder, because the Carhart has provided a synopsis of his impas- one involving the controversial procedure to be con- procedure is often performed on a viable fetus. For that sioned comments to the United States Supreme sidered by the Supreme Court. reason, a federal ban is needed. The law must not contain Court in Carhart v. Stenburg. 3-L Jennifer Hen- On April 5, the U.S. House of Representa- health exceptions that could be applied to non-life threat- derson’s article criticizes the decision as wrongly VOLUME 46, ISSUE 1 PAGE 3

Stenberg v. Carhart Wrongly Decided Supreme Court Sucks Life out of the Constitution Jennifer D. Henderson

Consider two similar scenarios. In the thinks he is going to fall. The doctor opened up the less, the Supreme Court sanctioned the procedure first, a child is born and moments later stabbed in scissors, stuck a high-powered suction tube into the in Carhart based on its perception that banning the the head with a scissors by the doctor who deliv- opening, and sucked the baby’s brains out. Now procedure places an “undue burden” on a woman’s ered it, until it dies. In the second, a child is deliv- the baby went completely limp.” right to have an abortion. Undue burden? How is ered by a doctor, but six inches prior to its emerg- Based on the fact that the procedure cited it that these abortions become necessary in the ing completely from the birth canal, the doctor above is akin to infanticide, Nebraska and many first place? stabs it in the head with a scissors, sucks out the other states enacted legislation banning it. Accord- Is it too burdensome to obtain one of the contents of its skull, and then proceeds with the ing to the Court’s last significant decision, Planned common and inexpensive methods of birth control delivery of the now dead baby. What is the differ- Parenthood v. Casey, the states have a substantial available in the United States today to avoid be- ence? In the first scenario, the doctor would be state interest in potential human life and may coming pregnant in the first place? Even in cases charged with murder. The second scenario, how- regulate to protect that interest. Moreover, a ma- of accidental pregnancy, is it too burdensome to go ever, has been sanctioned by the United States Su- jority of the population of this country agrees that in and have an abortion right away, before the preme Court in Stenberg v. Carhart. potential human life deserves protection. Accord- baby develops to the point where it has fingers and Perhaps you think this scenario overstates ing to a recent LA Times poll, 65% of people do not toes and has almost reached viability? the heinousness of the partial birth abortion proce- approve of second trimester abortions. Other sur- Dr. Carhart and his team of lawyers and dure sanctioned in Carhart. If so, consider this tes- veys show even greater numbers oppose these pro- amici convinced the Supreme Court that this proce- timony from a nurse present at a partial birth cedures. Even American Medical Association pub- dure is necessary. Yet, according to Justice Ken- abortion presented to the Supreme Court for con- lications describe as “ethically wrong” the method nedy’s dissenting opinion, “Dr. Carhart has no spe- sideration and cited in Justice Thomas’ dissenting of abortion Nebraska sought to regulate in this cialty certifications in a field related to childbirth opinion: “The baby’s little fingers were clasping and case. or abortion and lacks admitting privileges at any unclasping, and his little feet were kicking. Then The Carhart case is not about those abor- hospital.” Justice Kennedy further notes that Dr. the doctor stuck the scissors in the back of his tions that become necessary because the life of the Carhart performs this abortion procedure even head, and the baby’s arms jerked out, like a startle mother is in danger. The statute contained an ex- though the physicians who provided expert testi- reaction, like a flinch, like a baby does when he ception for those unfortunate situations. Neverthe- (Continued on page 4)

Vaguely Worded Abortion Bans Violate the Constitution Leroy H. Carhart, M.D.

1971 and has performed over 3,500 vasectomies to Seeing this challenge to Nebraska's abor- (LeRoy H. Carhart, M.D., has been performing date. In 1982, he established the first U.S. Air tion ban all the way through to the Supreme Court abortions since 1973. Dr. Carhart attended Hahne- Force training program to teach vasectomy surgery has been one of the most difficult but rewarding mann Medical College in Philadelphia, Pennsyl- to Family Practice residents. experiences of my life. I could not have persisted vania and graduated in 1973. He completed his The following is an excerpt from a statement made these past three years without the unwavering surgical residency at Hahnemann Hospital and its by Dr. Carhart to the United States Supreme Court support of my wife and family, my dedicated staff, affiliates and served as Chief Resident, 1977 and in Stenburg v. Carhart.) and fellow abortion providers. I am indebted to 1978 at Atlantic City Medical Center, Atlantic City, “Today I am both honored and humbled by Simon Heller and Janet Benshoof, my attorneys New Jersey. Dr. Carhart retired after serving the opportunity to bring my case before the United and advocates from the Center for Reproductive twenty-one years in the United States Air Force, States Supreme Court. I am thankful to have the Law and Policy -- my dream team. They have pro- and now works full time providing abortions, teach- right to pursue justice and - in doing so - expose the vided me the best legal representation possible. ing other providers in the techniques of first and lies anti-choice politicians and extremist organiza- And, they have given me hope that, in this country, second trimester abortions and acting as a consult- tions have devised to hurt women's health, over- in America, we do not make criminals out of doc- ant to abortion and family planning clinics turn the right to choose, and to criminalize doctors tors because they provide the best care possible to throughout the United States. who provide the finest possible medical care to women who need abortions. Dr. Carhart has been performing vasectomies since their patients. (Continued on page 4)

The Road to Carhart Lisa M. Needham

The road to Carhart is certainly a rocky stealing,” was sentenced to be sterilized. Steriliza- heard Griswold v. Connecticut. 381 U.S. 479 (1965). one. For quite some time, American Constitutional tion, it was thought, would not only deter him, but Griswold was director of the Planned Parenthood law has grappled with the questions of how and would prevent him from passing these unpleasant League in Connecticut, and was arrested in 1961 for whether to regulate sexual behavior and sexual traits along to another generation. In Skinner, the having the temerity to provide information and ad- reproduction. An examination of some of these Supreme Court, for the first time, declared that the vice to married folks in the delicate matter of contra- cases can provide us with a better ground to under- right to procreate—regardless of one’s status as ception. Justice Douglas decided to solve this prob- stand the court’s decision in Carhart. So, forth- chicken thief—was fundamental. Procreation was lem by inventing the right of privacy. (OK, that’s not with, for those of you who’ve not yet been dragged now considered a basic liberty, and we could not entirely accurate, and DON’T say it in class.) Truth- through Con Law Liberties, the Opinion provides now be deprived of it lightly. Note: those of you fully, what Douglas did was assert that several this handy guide to the reproductive rights cases. who HAVE taken Con Law Lib will remember a amendments—First, Third, Fourth, Fifth, and The modern-day story beginswith a 1942 particularly boring equal protection argument that Ninth—taken together, along with the penumbras case, Skinner v. Oklahoma, 316 U.S. 535 (1942). goes along with this decision, but, mercifully, I’m that emanated from them (don’t ask) created a guar- Skinner, a habitual criminal whose crimes included not going to go into it here. antee of privacy stemming from our Bill of Rights. robbery and the ignominious offense of “chicken- Leap forward to 1965, when the court (Continued on page 4) PAGE 4 VOLUME 46, ISSUE 1

Henderson, cont’d

(Continued from page 3) Carhart decision is an unfortunate example of the linked to the privacy of the marital bedroom, or to mony, “who are board certified instructors at lead- warped constitutional law that can result from sub- marriage at all for that matter. Nor is the right to ing medical education institutions and members of stantive due process. obtain an abortion a right that has been histori- the Board of Obstetricians and Gynecologists” do Years ago, the Supreme Court found a cally protected. not. Dr. Carhart also performs abortions through- right to marital privacy “implicit” in the concept of Using substantive due process essentially out pregnancy, including when he is unsure constitutional liberty. Later, based on the right to to re-write the Constitution, the Court with whether the fetus is viable. marital privacy, the Court justified the contracep- Carhart sanctioned infanticide in an attempt to According to Dr. Carhart, this kind of in- tion cases. From the contraception cases, the Court avoid inconveniencing the modern woman. With fanticide is justified by the constitutional concept of created a constitutional right to obtain an abortion. dangerous precedent like Carhart, it is no wonder liberty. But mangling constitutional liberties in Details of how the right to obtain an abortion fol- that respect for human life in this country contin- this way is exactly what post Lochner era critics lowed from a right to marital privacy were largely ues to disintegrate. were afraid of - and rightly so. In legal terms, the ignored. For example, abortion is not necessarily

Carhart’s Statement, cont’d

(Continued from page 3) intervene in the most personal and private decisions The future of the right to choose abortion is now in I have said before that I never dreamed I of families for the purpose of pursuing an extremist the hands of the Supreme Court. No matter what the would be involved in a case before the Supreme political agenda. In this country, politicians are not Court decides, I will remain grateful that I live in a Court. But I stand here today knowing I have done supposed to be able to tell you when and how often to country that allows me - just an average citizen from the right thing. Nebraska's abortion ban is not bear children. In this country, politicians should not Nebraska - to defend my convictions. I am proud that about "late" abortions nor is it limited to any par- be able to threaten the lives of women to gain politi- I served in the armed forces of the United States, the ticular procedure. The American College of Obste- cal advantage or an electoral office. freest land in the world. I am proud that I have pro- tricians and Gynecologists and other medical I was a young physician in the years before vided my patients with the best medical care this groups that have signed on in support of my case Roe v. Wade made abortion legal. I saw women who country has to offer. I feel equally privileged to have agree that the vaguely worded law applies to all came to the hospital dying or close to death and it the opportunity to stand before the Supreme Court stages of pregnancy. That's why this case and made a lasting impression on me. Thousands of as a representative of the millions of Americans who these bans are so insidious-they are deceptive at- women each year died needlessly and others were believe that women's health and rights must never tempts to overturn the right to choose whether or left sterile because they could not receive critical be oppressed by or sacrificed to a zealous, violent fac- not to have a safe and legal abortion. medical care. I learned then that women will do tion intent on undermining the Constitution and de- Challenging this extreme ban was, for my whatever they have to do - whether legal or not - to stroying what is best about our country - the right of family, and me, an act of citizenship and patriot- end a crisis pregnancy. The costs of illegal abortions individuals to achieve their dreams and live their ism. This ban violates the Constitution. This ban to women's lives, to their families, and to the Ameri- lives in freedom. “ threatens the health of women. This ban also vio- can society is too high. There must be a firm moral, lates the very essence of what it is to be American. medical, and political commitment to prevent a re- In this country, in America, the government cannot turn to the days when we sacrificed women.

Needham, Cont’d

(Continued from page 3) began the decision by noting that a right of per- not from attacking the right to choose, but by Indeed, Douglas found the right to privacy to be sonal privacy exists under the Constitution, thanks throwing out the trimester framework. Planned older than the Bill of Rights itself. This right to to the decision in Griswold. Blackmun also noted Parenthood v. Casey, 505 U.S. 833 (1992), in a com- privacy ensured that a married couple had the that this privacy had previously been extended to plicated decision, (which Tony Winer will make you right to make contraceptive decisions as they saw issues of marriage, contraception, and procreation. graph. Be forewarned.) created a new rule, al- fit. The court found it had no right to interfere in The court decided that this privacy right was broad though technically without majority backing. The the affairs of the marital bedroom as far as procre- enough to encompass a woman’s right to terminate new rule, proposed by Reagan appointee O’Connor, ating (or not procreating) was concerned. a pregnancy. The Roe Court also created the now- suggested that the trimester framework, thanks to A later case, Eisenstadt v. Baird, 405 U.S. familiar “trimester framework,” which allowed medical advances, was no longer an accurate way 438 (1972), extended this right to single folk, not- that, prior to the end of the second trimester, a to measure the right to choose. The plurality in- ing that it is the right of an individual, no matter woman was free to end her pregnancy without gov- stead proposed an “undue burden” test, where if a what marital status, to be “free from unwarranted ernment interference. After this point, where the state regulation imposes an undue burden on the governmental instrusion” into decision whether to fetus was assumed to be “viable”—ready to live right to obtain an abortion, only then is it unconsti- procreate. Some might assert that Eisenstadt is outside the womb—the government was free to re- tutional. O’Connor suggested that this new test where the problem begins. Griswold cautiously strict or ban abortions. Without torturing you with would balance out Roe, which she felt placed too discussed the right of privacy in the sanctity of the annoying Con Law Lib strict scrutiny night- little weight on the state interest in “potential life.” marriage, but Eisenstadt went much further. The mare, suffice to say that the government is allowed This test allowed the court to uphold state statutes statute in Eisenstadt did not ban use of contracep- to restrict abortion in the last trimester because it it had previously frowned upon, such as 24 hour tives; only their distribution to single people. As has a compelling interest in preserving the life of a notification statutes. such, the court’s decision, some argue, could not viable fetus. This compelling interest can be said Though not binding authority, the Court wholly be about privacy. Instead, Michael Perry to outweigh the woman’s compelling interest in her used this new “undue burden” standard (which, it notes, Eisenstadt “unmasked” Griswold as a case privacy right only in the last trimester. The Roe is generally agreed, is a much more restrictive about sexual liberty. At root, Eisenstadt presented decision created two important new jurisprudential standard than the compelling interest test) in Americans with the proposition that they had a animals: the right to choose and the compelling Carhart, and found the restrictions there too strict fundamental right to control their right to procre- interest/trimester framework monster. to meet even this lowered standard. However, this ate—a wholly different animal than an amorphous There has been no end of legislation and is surely not the last salvo on either side. “right to privacy.” hopeful judicial activism seeking to overturn the Only a year later, the landmark Roe v. right to choose. Oddly, though, the biggest change Wade, 410 U.S. 113 (1973) was decided. The court in the Supreme Court’s approach to abortion came VOLUME 46, ISSUE 1 PAGE 5

I am so Smart. S-M-R-T… Chris Frank

Once you graduate from law school you will son, the idiot father of Bart Simpson—the character they are smart! Just think, Homer goes to law school, immediately thank me for telling you this secret. No- that grows more ignorantly blissful with each weekly Einstein does not, Newton does not, Shakespeare does tice, this first sentence has been carefully crafted to episode. This is hardly a strong indicator that I should not, and Mozart does not. And you don’t even have to presuppose certain things. First, I have presupposed have any success in law school. However, I do not even be smarter than Homer. You just have to think that that you will actually graduate from law school. I as- attempt to disclaim this label. In fact I emulate the you are! sume that you will not fail out, get kicked out, or quit two-dimensional pen-drawn character as much as is In the same respect, here I am writing this due to the psychological trauma of it all. I am too kind! possible in a three-dimensional organic world. Homer article to you as if I have something worthwhile to Second, I presuppose that when you graduate the first Simpson always thinks he has the world’s greatest idea. teach you, some deep wisdom with which to share in thing on your mind will be figuring out how to thank Homer always acts as if he knows what he is doing and this medium. Why am I the one to bestow such wisdom me for getting you there. A wonderfully crafted sen- acts as if he can do no wrong. Homer never thinks he upon you? Not because I am the person with the great- tence, I must admit. failed. Homer always thinks he is just about to succeed. est wisdom. Not because I even necessarily have any- Now, before I tell you the big secret, let me My keen understanding of the Homeresque thing worthwhile to say. Only because I think I have first tell you about myself. My law school cohorts have thought process is what led me to my discovery of the something to say. You are whatever you think you are, dubbed me with the nickname “Homer.” Not Homer as biggest secret in law school. The secret is: law school is so choose carefully. Doh! Now that you understand in the Greek philosopher. Homer as in Homer Simp- not full of smart people. It is full of people who think this, you will be just fine.

Socratic Method Deciphered by Cocky 3-L Jennifer Macaulay

I was a first year law student once. I also public service announcement, I’m here to tell you your roommate learns to find his keys on his recall having been a freshman in college. I faintly that the Socratic method is law school’s false tor- own. Maybe if he learns to find them on his own recall being a freshman in high school. More than ture. If you believe it’s torture, then it’s torture. If he won’t continue to leave them about so care- anything else I remember third grade. I think the you don’t buy into it, you too may hearken back to lessly. third grade experience stands out as the most rele- sometime in your early development…and realize He says, “I don’t know where I left them. If I vant and poignant in my human experience. When that it’s all old hat. You already know this game knew where I left them I wouldn’t be asking.” I have to rely on some sort of wisdom to get me and have been willingly or willfully playing it for as You follow up: “Well, when’s the last time you through the most difficult times, I always seem to long as you can remember. used them?”, “When I came home from work”, hearken back to being eight or nine years old. If I leave it with you that simply, you’ll “And what did you do when you came home from Oddly, the wisdom of that experience got me ignore it. If I give you a public service announce- work?”, “I watched TV.” (At this point you’re try- through my first year of law school. ment, you’ll treat it as a polite interruption in your ing to figure out when he went to the bathroom… This isn’t meant to be some sort of Ful- life. You tempt me to delve deeper. Law school has not so you can tell him where his keys are…but ghumesque expose on human experience. I don’t not conditioned me to avoid temptation. Instead it because you want to ask him so he can figure it have any deep profound need to taunt others with has conditioned me to wonder why you tempt me. out himself.) “What did you watch on TV?” the depths of my psyche and academic-spirituality Perhaps that makes sense to you? “Have you been watching TV since you got in such a way that leaves you writhing in agony, You read on. Good for you. That’s the home?” “Did you go anywhere else?” He an- looking for some vast eternal dogmatic truth to re- first step. Admit that you’re confused. Admit that swers: “The only other place I went was to the veal itself to you…like some sort of childish pop-up you don’t understand what’s being presented. Suc- can.” You pounce: “Did you look in the can?” He book…like a god-forsaken lottery ticket…like the cumb to the pedagogical and ideological conformity finds the keys. Socratic method. I’m not a poet. I’m just a law stu- long enough to find out what is being said. Smart Your profs are going for similar effect, dent. I’m not a lawyer. Don’t call me for legal ad- move. sometimes with all the mean-spiritedness at- vice. Don’t ask me about your landlord trouble in Your roommate lost his keys. He says “I tached. They’re leading you on, but they’ve os- the bar. Don’t tempt me to delve deeper. don’t know where I left my keys”. The dumb-ass tensibly got your best interests at heart. Law The first year of law school is supposed to loses his keys all of the time. You’re tired of his school is all about learning to find your own be horrendous. It’s supposed to be this sort of ex- rant. You say, “Where did you see them last?”, in- damn keys. perience that scars your confidence and jars your stead of “They’re on the floor of the bathroom, un- solid, stolid and sometimes squalid ego into some derneath the sink.” Why do you do this? What asi- sort of pathetic intellectual disparity. It’s supposed nine motive do you have? Are you a hateful human to make you cry or something. being? Do you want to watch your roommate suf- They call it the Socratic method. As a fer? Perhaps. Or maybe you think it’s time that

Lisa Needham

Gravity Loses its Grip—The Ethereal doesn’t hurt at all that three oh-my-god they’re Perhaps most importantly, though, Astro- Goodness of Astronaut Wife gorgeous girls sing intricately ethereal harmonies naut Wife represents the new guard in music distri- To start the story of falling in love with over computer-programmer-by-day-music-auteur- bution. They’ve released a CD, the beautiful 6-song Astronaut Wife, I need to tell you about my room- by-night Christian Erickson’s electronica ar- “Now that 1999 is Gone” on their own, without label mate. He’s a big fellow who shaves his head bald. rangements. But the real deal is that the lyrics support. They got Amazon.Com to distribute the His favorite music runs toward old-school goth and are achingly good, and you have to keep remind- platter nationwide. They posted songs to MP3.com new school metal. He thinks most music where ing yourself that this is an upstart local band. and Listen.com for rampant downloading. Even after girls sing is ummm…not printable here. Their songs about superpowers, spaceship the CD came out, you can still continue to download So I bought the new Astronaut Wife EP a launches, and the new millennium disguise some tracks from the disc and various remixes. while ago, and loaned it to him. He ran off to work Erickson’s brooding reflections on relationships Astronaut Wife doesn’t do many live gigs, with it, and I never saw it again. In fact, the only and loss. which is a damn shame both for the did-I-mention- way I managed to retrieve it was to send an ever- Adding to the eye candy, the group is, they’re-hot? factor and the sometimes slim pickins of increasing spiral of impolite emails explaining the unsurprisingly, web savvy, with www.astronaut. non-boy-rock local music. The website posts the lat- word “deadline.” wife boasting cool retro graphics, trippy Shock- est tracks and gigs (and has an all important band So, what is it about Astronaut Wife that wave flash intro, and that rarities of rarities on photo) to tide you over. attracts a big grumpy fellow like my roommate? It band websites—non-outdated links!! PAGE 6 VOLUME 46, ISSUE 1

WILLIAM MITCHELL COLLEGE OF LAW STUDENT NEWSPAPER

875 Summit Avenue Saint Paul, MN 55105

Phone: 651-227-9171 email: [email protected]

The Opinion

The Student Newspaper of the William Mitchell College of Law

We’re On the Web http://www.wmitchell.edu/current/nonacademic/ student_orgs/opinion.html VOLUME 46, ISSUE 1 PAGE 7

What Happened to Legal Writing? Professor Ken Kirwin and Professor Deborah Schmedemann

This year’s 1Ls are not taking Legal Writ- professor, a practicing lawyer teaching as an ad- tice memorandum and arguing a motion. ing. Instead, they are taking a new course, Writing junct professor, who critiques the representation WRAP is the first of two new required & Representation: Advice & Persuasion (WRAP). exercises. The representation exercises are con- skills courses. In spring 2002, when this year’s 1Ls A year in the making, WRAP has been designed by ducted in groups of six students (two per home- are 2Ls, the second course, Writing & Representa- the Legal Writing and Lawyering faculty and ad- room) in a model closely resembling Lawyering tion: Advocacy, will debut. Current plans call for ministrators to include elements of both of those small-group exercises. it to feature advanced research (including legisla- courses. Primarily to permit scheduling of the rep- tive process and administrative materials), discov- Like Legal Writing, WRAP is a six-credit, resentation exercises, students have a two-hour ery and trial skills, and appellate briefing and oral two-semester, graded course. It covers legal re- “secondary period” set aside in their schedule. argument. search in primary and secondary sources, in print When representation exercises are not occurring, The two W&R courses represent substan- and computer-based media; legal reasoning; writ- students may use their secondary period for activi- tial changes in the first-year curriculum and in the ing of office memos, advice letters, and motion ties they are assigned to do in teams, such as statu- required skills course sequence. The Legal Writing practice memoranda; and oral argument in a mo- tory briefs and research problem sets. and Lawyering faculty members who have devel- tion practice setting. It is taught primarily in WRAP is structured around cases, with oped W&R believe that the changes will serve two “homerooms” of about twelve students by adjunct students working on three cases each semester. primary goals: helping students to see how law- professors who are practicing lawyers. It mixes Each case involves a mix of skills and graded pro- yers use both writing and representation skills to one-hour large-section “plenary sessions” taught by jects. For example, in the fall, the Kelley case (re- serve client problems, and permitting all of the reference staff and full-time faculty members with designed somewhat from last fall) leads to a graded skills to be taught first at a basic level at the outset the two-hour homeroom meetings occurring during office memo. The second case entails secondary- of law school and again at a more advanced level “primary periods.” source research and leads to interviewing and midway through law school. The WRAP faculty Unlike Legal Writing, WRAP also covers counseling of a client, and the third case involves appreciate the hard work of Cassandra Headrick, “representation skills”—interpersonal skills such primary-source research and leads to an advice let- who served on the task force, and the insights of as client interviewing, counseling, contract negotia- ter. The three cases in the spring involve (1) re- students who participated in last year’s survey tion, interviewing of a witness, and dispute media- searching for and drafting an office memo, negoti- about the skills curriculum, and they look forward tion (that is, some of the skills currently taught in ating a contract, and drafting contract clauses; (2) to an interesting year. the Lawyering course). Each homeroom has not interviewing a witness and mediating a dispute; only a writing professor, but also a representation and (3) researching for and drafting a motion prac-

Spend Your Summer in Bali: Law School Study Abroad Programs Dan Gilchrist

Do you want to earn law school credits cational experience that I highly recommend to all Dublin. As a group, all of the students and profes- while visiting Bali next summer? You can. Numer- students. It was unique because the international sors toured the Danish Supreme Court, the Swed- ous ABA accredited law schools throughout the aspect enhanced the classroom experience. Swedish ish Court of Appeals, a Danish castle, and a Danish United States offer summer programs at foreign students attended the program and participated museum. Another part of our European experience law schools. From Beijing to Berlin and from Que- regularly in classroom discussions. They provided was watching the European Cup soccer tourna- bec to Quito, American law students study U.S. an interesting European perspective. Swedish pro- ment along side with Europeans. The excitement and international law in exciting foreign settings. fessors also made occasional lectures on European and revelry generated by the Cup makes the NFL William Mitchell College of Law itself sponsors Union and international law. The American stu- playoffs seem painfully dull. During my studies, summer studies in London, England. dents also provided geographic diversity because travels, and experiences, I met several fun and in- This summer I spent 24 days in Lund, they came from throughout the United States. teresting people with whom I still keep in contact. Sweden studying International Business Transac- However, most learning occurred outside the class- In short, overseas law programs provide much tions and Internet Law through a program offered room. more than a legal education. They provide an en- by Suffolk Law School of Boston. Suffolk professors From our base in southern Sweden, we during life lesson. So I encourage students to seek taught the classes in English. While there, I earned American students traveled. I toured Stockholm, out these programs when the ads and posters begin four credits that count towards graduation at Wil- Oslo, Trondheim, and Copenhagen. Others went to to appear in January. liam Mitchell. Studying abroad was a unique edu- Berlin, Athens, Amsterdam, Prague, Paris, and

SBA Update Justin Weinberg

We are currently entering into an exciting organization in that it represents the interests of that circulate throughout campus each year. It is an time. The 2000-2001 academic year is about to be- the collective student body at WMCL. The 16 old cliché, but we are far more powerful united than gin at WMCL, bringing with it new students, new elected representatives are the Board of Governors divided. So, I charge every student with the responsi- classes, and an enthusiasm to get back to our goals who govern and manage the activities of the SBA. bility to speak with their representatives about the and ambitions. But we are also entering an excit- But let it be known that every student has a voice issues that concern them everyday in school. This is ing time concerning the Student Bar Association in how the Board conducts itself. If you are not the only way we can be effective in making WMCL a and I would like to share some of what I have ex- satisfied with the way the Board conducts itself or better community for all of us. perienced over the summer and what we can look if you have an issue that you believe needs to be This summer I attended the ABA/LSD an- forward to this year. addressed, then I urge you to bring it to your Board nual conference in New York City. All of the ABA First, I think there is some confusion over representative so that they may bring it to the open accredited schools are invited to this conference to what the SBA is. The SBA is NOT a group of 16 forum. decide national issues that effect students throughout elected students hiding in a secret room conducting Every student is invited to attend Board the nation. WMCL had two votes, myself and Jamie secret meetings. I know that this perception is meetings. The time, date, place and agenda will be Habeck (the ABA/LSD President for WMCL), and we among the student body as I used to share the posted three days before each meeting in the glass voted on issues such as who will represent the law same feeling, and at times, it has seemed this way. case between Hachey Commons and the student schools in the ABA House of Delegates, what position The SBA is an organization that every student who mailboxes. The SBA belongs to all of us and we law students will take on multi-disciplinary practice takes classes at WMCL and pays their student fees should use the SBA to address the many issues (Continued on page 14) belongs to. It is unique from every other student PAGE 8 VOLUME 46, ISSUE 1

ORIENTATION SPECIAL FEATURE: STUDENT ORGANIZATION ROUNDUP

WMCL HOCKEY TEAM PHI DELTA PHI WMCL RUNNING CLUB

The WMCL Hockey team practices once The choice of a legal fraternity may de- The WMCL Running Club is a great way per week beginning in October. Men and women of pend upon many factors, one of which, obviously is to take a break from studying and stay healthy all skill levels are encouraged to come out and the local Inn. But if you are a student at William and energized during school. Its also a great way skate. During the practices, the players break up Mitchell College of Law and are looking for the or- to meet other students in a relaxed atmosphere. and scrimmage against each other for one hour. ganization with the largest number of student There will be a sign up table for all those inter- Practices are held at Highland Ice Arena in St. leaders; with the highest standards of scholarship ested in the Running Club at the orientation pic- Paul. There are also games against the various bar and service; and with a fellowship based upon nic. We will have a very short meeting within the associations in the state, as well as games against more than mere sociability -- you will find that it is first week or so of school to figure out which times other teams. The focus of the whole season is the Phi Delta Phi. The individuals you want to be work well for everyone to run. All levels of run- year end game against Hamline Law School. The associated with very likely are those who are ners are encouraged to sign up. For additional in- game is dubbed "The Res Ipsa Cup" and dates back guided by the ideals of Phi Delta Phi and its Con- formation, contact Jamie Habeck at 612-920-2872. twenty plus years, and is always a fun game to stitution. If you are interested in learning more play in and watch. Res Ipsa Cup tickets support about Phi Delta Phi and meeting our members, the Boys and Girls Club of the Twin Cities. Last please visit our website at: http://phideltaphi. year, WMCL beat Hamline 10-3 to retain braggin' homestead.com/pdp.html or contact our president rights, and almost one thousand dollars was raised at [email protected]. We look forward to hear- for the designated charity. Special thanks to all ing from you. the students, faculty, and staff who bought tickets! If you're interested, contact John Lamey at [email protected] for more information.

SIPLA—STUDENT INTELLECTUAL PROPERTY LAW ASSOCIATION

Intellectual property is at the forefront of Mitchell in September, bringing in Stephen Kunin whom you will be learning. both the news and the legal world. From cyber- from the United States Patent and Trademark Of- Students at Mitchell have also expressed squatting to patenting business methods to Nap- fice in Washington, D.C., to discuss the recent an interest in reviving the moot court program, and ster, there are countless topics for discussion and changes to the patent rules. There will also be a SIPLA is making this a priority this year. We hope learning for those in SIPLA, the Student Intellec- time for students to learn the “ins and outs” of the to have a smaller competition this fall into spring tual Property Law Association. “Intellectual Prop- Patent Office. We are also taking an active role in and have a full-blown moot court competition, com- erty” covers a wide variety of legal interests includ- the visit of Court of Appeals for the Federal Circuit peting regionally and hopefully nationally, within ing computer law, trademarks, patents, copyrights, (CAFC) in October. The CAFC appellate court has the next couple of years. Any of you who may be entertainment law, e-commerce and advertising/ exclusive jurisdiction in patent cases and hears nu- interested in it in the future are strongly encour- media law. SIPLA aims to give law students an merous trademark cases as well. We will be volun- aged to begin this year because in order to compete, opportunity to not only learn the developments in teering to help at the formal banquet and will also we need students who are dedicated to learning these areas, but also to network with practitioners be helping to host a half-day of hearings scheduled about it this year that can participate next year. by providing bringing in speakers and providing an at Mitchell. Lastly, we have monthly meetings and opportunity for students to network outside of As we have done in the last few years, communicate primarily by email and will begin us- Mitchell’s walls. You will also find that the SIPLA we will also organize “round-table” discus- ing the web this year. Our first meeting is members themselves come from a wide variety of sions with leading experts in various areas in Wednesday, August 30 at 6:30 pm in Room 223. law firms and in-house positions, which provides intellectual property. There will also be a Come to find out more and how you can be in- yet another networking opportunity. “meet your intellectual property professors” volved. We will also have a table at the orientation We are co-hosting a CLE (“continuing le- picnic on Friday evening so feel free to stop by and reception so that anyone who is thinking gal education”) with MIPLA (the “Minnesota Intel- speak with us then. You can also contact Ginger lectual Property Law Association”) at William about venturing into intellectual property can Ewing, president, at 651-905-3655 or learn more about it and meet those from [email protected].

BLSA—BLACK LAW STUDENT ASSOCIATION

The Black Law Students Association change within the legal system that will make it led by prominent legal professionals . BLSA (BLSA), William Mitchell Chapter, is a member more responsive to the needs and concerns of the also offers students organizational mentors, of the National Black Lawyers Association or- African-American community; and to do any and campus tours, and peer counseling. ganization, created and designed to articulate all things necessary and lawful for the accomplish- Because BLSA realizes that all work and promote the professional needs and goals of ment of these goals. and no play does make a dull law student, we Black law students. With the help of the na- Currently, BLSA has an innovative group have periodic organizational picnics, dinners, tional chapter and the 208 affiliate members, with progressive individuals willing to dedicate and “study breaks” to break the monotony of law BLSA’s mission is to foster and encourage pro- themselves to helping one another achieve their school. fessional competence; focus upon the relation- goals. BLSA is important to the African-American The year 2000 holds more exciting ship of the African-American attorneys and law student because it provides a unique network BLSA activities. To keep updated with sched- those aspiring to enter the field; to instill in our of professionals, students, and professors within uled events, BLSA news, entertainment dis- members a greater awareness of and commit- the community and all over the nation. counts, and more information about the BLSA ment to the needs of the African-American com- Further, BLSA has organized study ses- organization, please see our web site at: http:// munity; to utilize their expertise to initiate a sions, exam reviews, and legal writing workshops wmclblsa.homestead.com/BLSA.html VOLUME 46, ISSUE 1 PAGE 9 ORIENTATION SPECIAL FEATURE: STUDENT ORGANIZATION ROUNDUP

NIABA—NATIONAL ITALIAN- Avenue in St. Paul. The major topic of discussion shop group (small legal writing group.) Mentors AMERICAN BAR ASSOCIATION focused on recruitment of new student members will attend orientation and will meet with their and possible future activities. We anticipate having assigned workgroup to exchange contact informa-

a presence at the new student orientation picnic tion and answer basic questions. The National Italian American Bar Asso- this fall to recruit and welcome additional mem- Some common questions that 1-L’s have ciation (NIABA) has recently approved an official bers. The William Mitchell National Italian Ameri- had for mentors are “what exactly is my outline Chartership at William Mitchell College of Law. can Student Bar Association welcomes all students supposed to be?”, or “do I really have to use Layne Jeffery, President of the organization, to join and participate in the activities and further IRAC?”, and “what do you have to do to be on law founded and organized the organization with the wishes all first year students the best of luck in review?”. But mentors have commonly provided assistance of Paul Dinzeo, Jennifer Bellini, and their studies. more than answers to questions. Many new stu- Paul Lelii. Together, they have organized William dents find that their mentors are a valuable re- Mitchell’s students of Italian descent and other in- source-finding tool. There are numerous resources terested students. This was also made possible by SES—STUDENTS ENCOURAG- available to law students that are sometimes un- the organization’s faculty sponsor, Barbara Co- ING STUDENTS derutilized just because students are unaware that lombo. The organization’s philosophy is to foster they exist. Mentors have been prepared and unity, fellowship, and support among Italian The Students Encouraging Students Men- trained extensively to be aware of these numerous American Law Students who share common educa- toring Program is a student-run, student-created, resources and how to use them. tional, professional and cultural pursuits. student organization providing volunteer upper- The SES program is always interested in We have approximately 20-25 members. classperson mentors to incoming 1-Ls. This year, student comments and suggestions. We are always The organizational Constitution, bylaws, and a list- the program is sponsored and coordinated by the looking for ways to improve the program. You are ing of current members and upcoming activities Student Bar Association (SBA) Board. The pro- encouraged to submit any comments, questions, or can be viewed at our newly designed web site at gram is most active and busy during the month suggestions to the SES Coordinating Committee by www.wmniaba.homestead.com. The web site of the before classes start and in the several months dropping them a note in the SES mailbox in Cen- NIABA can be accessed there, or by going directly thereafter. Volunteer mentors are recruited during tral Services, or by e-mailing them: Suzi Kusnic- to www.niaba.org. Scholarship opportunities are the final months of each academic year. nek: [email protected]; Jen Macaulay: jen- available through the NIABA and an application This year the program coordinators have [email protected]; Angela Ring: ar- can be downloaded from their web site. revamped the program so that two mentors will be [email protected] This summer, the organization held an assigned to each Writing and Representation work- informal gathering at Ciatti’s restaurant on Grand

SBA—THE STUDENT BAR ASSOCIATION

The purposes of the William Mitchell Col- dents. is very useful to incoming students is the Student lege of Law Student Bar Association are to promote The SBA board consists of 16 members: Encouraging Student (SES) mentoring program. understanding among students and faculty, expand one from each of the first-year sections, four mem- Becoming involved in the SBA is easier interest in the legal profession, and provide social bers from each of the second- and third-year than most of you probably think. You do not have activities for members of the student body. SBA classes, two members from the fourth-year class, to be an elected member to become involved with dues of $15.00 are charged for fall and spring se- and two at-large members. The respective class the SBA. The Board has many committees that mesters. They are used for improvements to sections elect board members. Every student is students, other than Board members, serve on each Hachey Commons, sports activities, SBA adminis- eligible to be elected to the Board. First-year stu- year, such as the faculty search committee and the trative needs, and disbursement to the wide variety dents are elected in the early part of the year and a academic affairs committee. More information on of student organizations. representative will come to classes talk more about these committees will be provided to you. Every student who attends WMCL is a this. It is a great way to get involved with the This is only a short list of what the SBA is member of the SBA. It is unique in that it is the school. The SBA Office is adjacent to Hachey Com- and what the Board of Governors does. The SBA only organization at WMCL that consists of every mons. will have a table at the orientation picnic and there student and acts in the best interest of the whole The SBA sponsors many activities and will be representatives from the Board welcoming student body. The SBA Board of Governors is the events throughout the year, such as speakers, a all of the first year students. We are looking for- governing body of the SBA and formulates policies hockey game between WMCL and Hamline law ward to welcoming every back and welcoming eve- in the best interests of the students, manages the school, and semi-formal socials in the fall and ryone new to WMCL. The SBA is your organiza- affairs of the SBA, provides funding to the many spring. The SBA also supports programs that are tion and the Board looks forward to working for student organizations and offers a forum to all stu- available to every student. One in particular that and with all of you this year.

DLS—DEAD LAWYER’S SOCIETY

The Dead Lawyer’s Society (DLS) is a coaches and an institutional infrastructure for the have scheduled regular outings, parties, dinners, multi-faceted WMCL student organization started MSBA Mock Trial Program. The MSBA organizes and meetings that allow students and their friends in 1999 by a group of first year students looking for the high school mock trial competitions in Minne- and families to step away from the law school yet another extra-curricular activity. The DLS con- sota. When DLS member Jayne Jones (3-L) discov- drudgery for a bit and just relax. But this doesn’t cept was born over beers and happy-hour food after ered that many of the Saint Paul high schools did undermine the importance and general fun of the harrowing legal writing experiences, disastrous not offer a mock trial competition program, she volunteer activities that the DLS organizes. Al- recitation exercises, and painful final exams. took up the task. She discovered that these schools though being a law student doesn’t seem to leave a Originally, the purpose of the organization was to didn’t have programs because they didn’t have lot of time open for volunteerism, it leaves a little provide a fun, relaxed social agenda for “like- coaches. Under Jayne and 3-L Jim McGeeney’s time. Volunteering time to a worthy cause with a minded” law students, friends and family. leadership, the DLS recruited scores of WMCL stu- bunch of friends has been one of the most reward- In time, the mission and purpose of the dents and staff to volunteer as coaches. The pro- ing aspects of DLS membership. This years’ events DLS grew to include a regular publication of legal gram was an enormous success, not escaping the and goals will be discussed in more detail at the humor, (“The Old Bailey”), interaction and ideologi- attention of the local media. The DLS is looking first DLS meeting. Meeting notices are posted in cal cross-pollination with other active student or- forward to continued sponsorship of this program The Docket under “student organizations”. ganizations, and many other important activities. during this new academic year. Individuals interested in membership Last year, the DLS partnered with the MSBA and Much of what the DLS has to offer WMCL should contact Jen Macaulay at 612-870-6138 or the St. Paul Connections program to provide students is more social than academic. Members [email protected] for more information. PAGE 10 VOLUME 46, ISSUE 1 ORIENTATION SPECIAL FEATURE: STUDENT ORGANIZATION ROUNDUP

WLSA—WOMEN LAW STUDENT ASSOCIATION

WLSA is a network of law students work- one year is $25. Both women and men are welcome · MWL professional clothing drive ing toward the advancement, support, and develop- at all WLSA events. Generally, WLSA hosts · MWL annual meeting ment of women law students. WLSA often hosts its monthly events. Activities planned for the 2000- own activities but also works in conjunction with 2001 school year include: Elections for new officers will be held in Minnesota Women Lawyers (MWL). MWL is the the Spring of 2001. New this year, each first-year only organized women’s bar association in the state · First-year section representative elections section will elect a representative in the fall. The of Minnesota and the sixth largest organization of · MWL student mentor program representative will work with the current officers its kind in the United States. MWL consists of law- · Panel discussion by women lawyers in various to plan events and will keep her section informed of yers, judges, law students, and law firms. MWL’s legal careers (co-hosted by MWL) upcoming WLSA events. goals are to support the professional and leader- · Outlining workshop Information about WLSA and MWL is al- ship development of women lawyers, to advocate on · Self-defense workshop ways available on the bulletin board outside of behalf of women lawyers within the legal profes- room 234, or by contacting co-presidents Rachel · An activity involving the 2000 elections assist- sion, and to support community action initiatives to Hable at [email protected] or Karie Svien at ing The League of Women Voters end discrimination in the justice system and pro- [email protected]. WLSA events are an- mote equality of women in society. · “Bar Review”—Monthly outing for law stu- nounced in The Docket. Membership in WLSA is free. Students are encour- dents to meet and socialize with fellow stu- aged to attend as many events or be involved as dents of all levels much as they wish. MWL student membership for · Student/Faculty tea

MJF—MINNESOTA JUSTICE FOUNDATION

MJF provides two programs that line your lic Service Program and qualify you for a notation attorney and did not qualify for free legal services? pockets with cold hard cash, look great on a re- on your transcript. MJF links attorneys represent- If you entered law school yearning to make a differ- sume, and give you an opportunity to get legal ex- ing the low-income, disadvantaged, and unrepre- ence, MJF is for YOU!! perience: sented with law students. There are many volun- We have many events throughout the · Summer Clerkship Program: Basically, it teer opportunities posted in Career Services and in year, and the first is coming up soon. The WMCL boils down to this: Cash AND legal experi- the Legal Practice Center on the second floor with Local Board seeks walkers to join its team partici- ence. Since 1983 MJF has sponsored fascinating employers. Check it out! pating in the Headwaters Fund Fifth Annual Walk PAID summer clerkships with public in- Elections will be held early in the semes- for Justice on September 17, 2000. What a great terest agencies throughout Minnesota. ter for a First Year Representative from each sec- way to spend a Sunday morning!! The Walk will Work 40 hours per week for 10 weeks over tion. Second and Third-Year Representatives are conclude with musical entertainment and a free the summer. also needed. Even if you are not a class represen- lunch! · P.I.L.F. (Public Interest Law Fellowship): tative, the WMCL MJF Local Board needs YOU to Next Local Board meeting: September 11, PILF=PAID public interest summer clerk- fill several vacancies!! 2000 at 6:30 p.m. in Room 189. Attend the next ship of the law student's own design, After all, does JUSTICE really result meeting or contact either Diane Dodd at 651 454 which is funded entirely by a silent auc- when money dictates who makes it to court? Has 5440 or [email protected] or Marie Tou at 651 tion held each spring. JUSTICE been served when a default judgment is 290 9599 or [email protected] for more informa- MJF also provides volunteer opportunities entered against someone who failed to make an tion. which satisfy the 50 hours for the Law School Pub- appearance simply because they could not afford an

ABA—AMERICAN BAR ASSOCIA- THE OPINION MAKE SURE TION The Opinion has recently announced that it is still William Mitchell’s student newspaper. Joining the American Bar Association is a The Spring 2000 edition (released in late April of TO VISIT THESE no- brainer- It costs you $20 for the year- You get: 2000) marked the renaissance of the student news- paper. Under the able, albeit editorially naïve 1) A coupon for a free Emmanuel’s study guide for leadership of now 3-L Jen Macaulay, the newspa- AND MANY any subject you choose, which you can redeem at per rose from the ashes like a phoenix or some the book store- You will need as many of these other bird of prey that rises from ashes after being OTHER STU- books as you can get your first year. ignored for a couple of years. The 2000-2001 Opinion will now be under 2) You also get money off of Bar-Bri, around $50. the joint leadership of 3-L’s Lisa Needham and An- DENT ORGANI- gela Ring. Angela and Lisa were both editors on 3) You get a ton of benefits for things like travel, the 1999-2000 Opinion staff, and were ratified as hotels, and other discounts, and a subscription to Editors by the Student Bar Association in late ZATIONS AT the ABA student magazine. April. The 2000-2001 publishing schedule will in- clude a Fall, Winter and Spring edition. 4) Lastly, you become involved in an extra- THE ORIENTA- Students interested in becoming members curricular group at school which looks great on the of the Opinion staff should contact Angela Ring resume, and is super fun (you'll meet a ton of stu- (612-782-0806) or [email protected] for more dents, and hopefully new ones as well)- TION PICNIC! information. Watch The Docket for more informa- The ABA really wants members so they tion and meeting notices. give you a ton of stuff, basically for nothing. It is definitely worth it- There will be ABA pamphlets all around school for you to sign up or call Jamie Habeck at 612-920-2872 VOLUME 46, ISSUE 1 PAGE 11 The Magic Pill Chris Frank

Americans love the idea of a magic pill. We And then things really get confusing. Vita- cluded that people who consume certain amounts of want a magic pill to restore youth, erase those extra min A can be taken as either beta-carotene or as vita- broccoli were found to have lower rates of various pounds, cure disease, prevent disease, and make us min A. The body easily transfers beta-carotene into types of cancer. A dietary supplement marketer will rich. Right now, the dietary supplement industry is vitamin A. Dr. Atkins book cited several studies then claim that their supplements containing antioxi- making these claims and we are buying them. I de- showing the benefits of beta-carotene supplements in dants will prevent cancer based on evidence from this cided to look into this. I like the idea of the magic reducing the risk of various cardiovascular events. broccoli study. Such an issue was litigated in Pear- pill, yet if it sounds to good to be true… However, some less-than-favorable studies were cited son v. Shalala, 164 F.3d 650 (1999 U.S.App.D.C.). In I was brought up as a “Flintstone kid”, tak- in Protein Power and Stop Aging Now!. These studies Pearson, one of the claims litigated was the dietary ing Fred and Barney shaped dietary supplements involved people at high risk for lung cancer who were supplement manufacturer’s claim that various anti- dating as far back as my pre-school days. To this day given beta-carotene or vitamin A supplements. Those oxidants prevented certain cancers. The FDA tried to I still take a daily multi-vitamin supplement. Only that took supplements actually had a higher rate of prevent the marketer from making such claims, stat- recently did I begin to investigate whether it was do- complications than those not taking supplements. The ing that the evidence supporting the claims in the ing me any good or, worse, whether it could be doing author of Stop Aging Now! claims that the results of context of foods did not necessarily lend support for me any harm. these studies may not be valid due to “scientifically the efficacy of the nutrients when found in dietary To begin my investigation I bought three complex reasons”. All three books recommended tak- supplements. The dietary supplement manufacturers books on the subject. Dr. Atkins Vita-Nutrient Solu- ing beta-carotene supplements and recommended claimed that such FDA regulations violated First tion by Robert C. Atkins, M.D., Stop Aging Now! by against vitamin A supplements. Amendment free speech rights. The court found for Jean Carpenter, and The Protein Power Lifeplan by This conflicting and confusing information is the dietary supplement manufacturer. The FDA is Michael R. Eades, M.D., and Mary Dan Eades M.D. I cause for concern. How is this industry regulated? Is now left with the power to remove a dietary supple- purchased these three specific books for the simple there a government agency that ensures that only ment from the shelves only after it has been proven to reason that they had the best product placement in healthy products are made available to consumers? be unsafe. The FDA has little regulatory power in the bookstore. I am the marketers’ dream consumer! Here is what I found. Dietary supplements are regu- preventing fraudulent or misleading health claims by I concentrated my efforts on the vitamins lated under the Dietary Supplement Health Enabling dietary supplement manufacturers. known as antioxidants. These are the most heavily Act (DSHEA) of 1994. The DSHEA was created spe- The only other consumer protection avail- marketed vitamins that claim to boost the immune cifically for the regulation of dietary supplements to able is the Federal Trade Commission or FTC. A system, and prevent diseases and aging. The most protect the right of access of consumers to safe dietary quick visit to the FTC website at www.ftc.gov and a common antioxidant supplements are vitamin E, vita- supplements without requiring dietary supplements to search for the term, “dietary supplement” brings up min C, and vitamin A. So what did I learn? I learned undergo rigorous, expensive, and timely FDA ap- various FTC investigations, settlements, and orders that this is much more complicated than I had antici- proval. In light of these good intentions it is impor- against companies making fraudulent or misleading pated. tant to note that more Americans die from vitamin claims for such things as guaranteed weight loss, cure First of all I looked at vitamin E. Vitamin E overdose than malnourishment according to the Food of cancer, cure of AIDS, lowering of cholesterol and is fat-soluble. This means it must be ingested with and Drug Law Journal (49 FDLJ 269). Because sup- elimination of arthritis. fat in order to ensure absorption. Vitamin C helps in plements fall under the DSHEA, the FDA does not The brief investigation I have performed on the recycling and reuse of vitamin E. How nice. regulate this industry. What does this mean? dietary supplements tells me one thing: There is no However, vitamin C is quickly used by the body and Supplement manufacturers often make magic pill. The available literature is confusing at must be replenished throughout the day. Thus, my claims based on the health effects of certain foods that best. Before you decide to experiment with dietary one-a-day pill needs to be taken with fat to ensure the contain some of the same nutrients that the dietary supplements seek professional advice from your doc- vitamin E is absorbed, and later in the day I need to supplement contains. For example, suppose a study tor or a qualified medical professional. The only ad- take a replenishing supplement of vitamin C. All was performed on people who eat large amounts of vice that I can give you is the age-old adage buyer three of the books disagreed on the amount of vitamin broccoli. Broccoli contains various antioxidants, beware. Caveat Emptor! E and vitamin C that I should be taking. among other things. Now suppose that study con-

(insert clever ad here:) Summertime in Paris: (Format space as compati- Heidenreich and You ble for clever advertisement Chris Leeder intended to reach thou- sands of students, faculty and staff at William Mitchell College of Law.) After completing a class at the College of Law of England and Wales through the Law in London 2000 program, 2L Chris Leeder decided to take a trip to Paris. As he was walking down the Champs de Mars away from the Eiffel Tower toward the (Leave space for advertis- Ecole Militaire (Military School) Chris noticed a foreboding yet familiar figure. He couldn't believe ing graphic or photograph his eyes, but to his astonishment there in front of him walking the other way was Professor Heiden- provided by motivated ad- reich! After a grueling year in Professor Heiden- reich's Contracts class, Chris thought it was very vertiser wishing to have ironic that he would run into Professor Heidenreich in front of the Military School in Paris, but there he image seen by thousands was. Unfortunately, Professor Heidenreich felt a picture in front of the Eiffel Tower was more appro- of students) priate. Wondering why your ad isn’t here? Contact The Opinion, at “[email protected]” for more information, or call 612-870-6138 to talk with Business Manager, Jennifer Macaulay. PAGE 12 VOLUME 46, ISSUE 1 It is Time for Palestine Patrick W. Ostergren

President Clinton recently called for the recognizes the Middle East as essential to the faith Arabs, seizing lands, homes and anything in their American Embassy in Israel to be moved from Tel of Christianity because it is the land of Jesus. The path. They felt they had to act with vengeance to Aviv to Jerusalem. This move is significant be- land has toggled between powers, some of whom establish their security. Israel trained its soldiers cause it recognizes Israel’s illegal occupation of Je- are known throughout time as legendary. The well and in the 1960’s and 1970’s took more land by rusalem. I am disappointed with American Middle Holy Roman Empire launched the Crusades in an aggression. East policy and feel it necessary to write this brief effort to regain these lands in the name of Christi- This time the international community essay: anity. The Ottoman Empire ruled the lands for took notice and condemned the acts. Ever since the George W. Bush quoted former poet laure- hundreds of years in the name of the Arab peoples Israelis have been in violation of United Nations ate Robert Frost in his nomination acceptance and Islam. The Jewish faith has an ancient and Resolutions and the Geneva Civilians Convention. speech when he said, “We must occupy the land powerful history in the region from King David to The oppressed Jews had become the oppressors. with dignity.” Unfortunately, this reference recalls Moses. The land, however, is occupied and always Today America aids the Israelis to the “manifest destiny.” We know that manifest destiny has been occupied by Arabs. tune of 5 billion dollars a year. We press for a made victims of a race of peoples who already occu- Arabs are Christian, Jewish, secular and peace which preserves the Israeli state, though the pied this land with dignity; the native Americans. Muslim. They are a race of peoples and not a relig- International community agrees almost unani- American schools have only recently begun teach- ion. The Jewish faith dispersed itself throughout mously that the Israeli’s have no legitimate claim ing the new revisionist theories of American Fron- the world. The Arabs have always lived in this re- to the land of Israel. America wants peace but the tier history. We should have learned from our mis- gion. Looking at late nineteenth and early twenti- cost to the Arabs is to give up their claims and al- takes and the world should have taken heed of the eth century history, the conflict emerges as one of low Israel to continue to occupy the sources of raw mistakes of the American people. An observance of “manifest destiny” for a scorned Jewish people. materials, the water supply, and to retain the secu- the true realities of the Palestinian – Israeli con- The Levant was an economic colony for the British rity of the region under their control. Palestinians flict provides proof that we have not learned from in the late nineteenth century. If you recall the have had their land, bank accounts, homes and history and are destined to repeat it over and over movie “Lawrence of Arabia,” Lawrence was a Brit- hearts stolen and destroyed by aggression of the again. ish military officer with the duty to arm the no- most horrid kind. The tragedy of the German death camps madic Arabs to fight against the occupying Otto- The time has come for the America to change its has been acknowledged. Germany, Switzerland, mans. The British were successful because they policies regarding this region. and even the Catholic Church have recognized the promised the Arabs an independent state. As the Enough aid to this barbaric Israeli govern- need to compensate the victims of the concentra- Pogroms persecuted Jews in Russia and Eastern ment. America must wake up to its destiny, not as tion camps. While it’s too little too late, the world Europe, the British reneged on their promise to the an example of the gleaming light of democracy, but acknowledges the horrors of history. Nevertheless, Arabs and began the process of immigrating Jews as a country that has learned from its mistakes in the longest-lasting victims of World War II are the to the region. At the time of this British Mandate, its own country and now represents the ideals we Palestinians. the Jewish population in the region was only 2.5%. have struggled to recognize. We must follow the The struggle over the Levant has a long After WWII, the international community lead of the international community and return the and complex history. Not until you put the pieces looked for land to give to the displaced European lands of the West Bank, Gaza Strip and Golan together, however, can you understand the present Jews who had been so persecuted in Germany, Heights to their legitimate and historical owners. conflict. The area of the Middle East so in conflict Czechoslovakia and Poland. The two options were The daily life of a Palestinian is one without a involves some of the most holy sites for the world’s Africa or the Middle East. The ship the “Exodus” homeland. It is one of checkpoints, searches and three major religions: Christianity, Judaism, and stood poised to deliver the new immigrants to their violations of human rights. One can only imagine Islam. A review of basic world history reminds us new country and in 1948 Israel was formed in the what it must be like to be searched and persecuted, that this area has been contentious for thousands Levant. The only problem was there were people arrested and tortured by a country that illegally of years. Judaism, Christianity, and Islam share already living there who had occupied that land for occupies the land of your family. the same foundations up to the time of the birth of thousands of years - not unlike the native Ameri- American must recognize the problem of Jesus and the later prophet Mohammed. Jerusa- cans who occupied the American Frontier. The “manifest destiny.” We cannot move our embassy lem is the center of the Jewish faith and second international community turned its head as bands to Jerusalem. It is time for the Palestinians to fi- only to Mecca for the Muslims. Every Christian of new Israeli citizens, young and old, ravaged the nally come home. It is time for Palestine!

Jennifer Macaulay

In celebration of a new academic year, I Nonetheless, it is difficult to find a way to taining piece published in the Northwestern Uni- scanned the Volume 26 of the William Mitchell call the article celebratory of a new academic year. versity Law Review, Summer 1992. In it, I found Law Review, and found nothing particularly cele- Even the most finely honed spin-master talent Professor C. Steven Bradford’s article, entitled bratory in nature or tone. Paul Carrington’s essay would be hard-pressed to find an exciting, enter- “The Gettysburg Address as Written by Law Stu- “Tocqueville’s Aristocracy in Minnesota” was, how- taining or enthusiastic article amongst the care- dents Taking an Exam.” 86 Nw. U. L. Rev. 1094. ever particularly humorous. Clearly, it was in- fully edited, lovingly footnoted, and heavily format- Bradford, Associate Professor of Law at the Univer- tended to be some sort of political satire piece, bril- ted pages. (Although it is a favorite pastime of The sity of Nebraska School of Law, agonizes over the liant in its delivery as straight academic prose. Opinion staff to poke fun at all things scholarly details of what he considers to be the standard bad One could hardly believe that Carrington would journally, we would never question the deep intrin- “other” exams, and identifies 10 categories of seriously propose that “A secondary consequence of sic educational value of a publication like the Law “other”. Says Bradford, “I don't know if a form affirmative action programs in the university law Review. We would simply note that it is certainly book is available somewhere, but students from schools was to reduce the number of minority stu- no fun to read.) different geographical, social, and racial back- dents at schools lower on the selectivity pecking There’s no rest for the weary. Lots of peo- grounds with varying interests and ideologies order”, or that in 1970 “women at last began to ple work really hard on the WMCL Law Review. If share common exam answer styles. Year after ago- enter the [legal] profession … in part reflect[ing] you want to read something someone worked really nizing year, the same dreadful, torturous exam the declining interest of women in motherhood as it hard on, look up a volume. Otherwise, if you’re styles appear and reappear. At least ten types of was realized that the Republic no longer had a looking for something practical and possibly enter- student answers are identifiable in those OTHER shortage of children,” It is nearly as humorous as taining…and you’ve already read The Opinion exams: (1) the Timeless; (2) the Empty; (3) the Waf- Volume 22’s allegorical “celebration” of academic cover to cover…I have a suggestion: fler; (4) the Grammarian; (5) the Outliner; (6) the freedom. I recently stumbled across a highly enter- (Continued on page 14) VOLUME 46, ISSUE 1 PAGE 13

both publicly and privately. As Dayton has often it made to schools a long time ago. It promised to VOTE MARK DAYTON stated, his post-college experience made him fully pay 40% of the costs of special education, but the Jennifer Mattson realize the tremendous inequities in the world. funding is currently at 12%. If Congress made due, Through no decision of his own, Dayton was born local money could be used to benefit all students Mark Dayton is my choice to be Minne- into so much, and through no fault of their own, with smaller classes. Dayton will fight to take it a sota’s next United States Senator. But, in order to the children he taught were born into so little. giant step further, to get the federal government to beat the incumbent Rod Grams, Dayton will first Dayton has worked for DFL stalwarts such as Wal- pay 90% of special education costs. Dayton wants need to win the DFL primary. ter F. Mondale, and helped bring in new and ener- to alleviate the financial drain comprehensive spe- A plethora of candidates have filed for the gized blood as reelect co-chair for Senator Paul cial education can cause for local districts. DFL primary, but only four are seen as legitimate Wellstone. He was our State Auditor and Commis- MOST IMPORTANT TO ME, Dayton is contenders. As the lineup was formed last winter/ sioner of Energy and Economic Development, as the ONLY candidate, of the four DFLers, to advo- spring, I watched with the hope that a strong, well. cate immediate health care for all. He believes em- qualified person would announce. Grams is a con- Enough about Dayton the person and pub- ployers should be mandated to provide health cov- stant embarrassment to our usually progressive lic servant: let’s get into Dayton on the issues. erage to their employees. The unemployed should state and his message and presence in Washington Dayton has spent the summer talking about his be served by a quasi-private health plan that the must be replaced. beliefs that social security should be protected, as a government establishes. Understandably, health I almost gave up hope until I saw that safety net for all. Dayton will fight to protect So- care of this scope will be a challenge to implement, Mark Dayton announced his candidacy in late cial Security from privatization. He is also taking but I believe Dayton is up to the task. spring. Although exams were looming, I called him on the drug companies, to which the federal gov- If you have any questions about Dayton, or with the hope of helping his campaign. Dayton has ernment provides research grant money and pro- would like to help him win this September or No- shown me, in a variety of ways, that Minnesota tective patents yet they continue to take advantage vember, please give me a call. 651.682.8952 and America would be better off through his ser- of our citizens. Dayton is sponsoring bus trips to vice in the Senate. He is, and has always been, a Canada on the Rx Express to illuminate the fact fighter. that prescription drug costs have risen out of con- Dayton has consistently been selfless in trol in America. Dayton has also talked about his work for other people. His career began as an making the federal government fulfill the promise inner-city teacher, and he has continued to serve

the economy make global integration inevitable, was the chief author in 2000 of a proposal calling VOTE JERRY JANEZICH working people must have a voice in shaping this for a $20 million public/private partnership to give Peter Nikolai economy so that living standards rise and not fall. a new parent time at home and a paycheck for the Likewise Janezich is also focusing on tra- first 26 weeks of a child’s life. He has earned a 100 State Sen. Jerry Janezich is the only non- ditional DFL issues like education, health care, and percent rating from the Children’s Defense Fund. millionaire in this year’s race of the U.S. Senate. the family farm. On health care, Janezich is wor- In the campaign Jerry has continued to Janezich as co-owner of Tom and Jerry's Bar in ried about the 41 million Americans without health focus on his working class background and his con- Chisholm is in close touch with the everyday con- insurance. He has declared that there is a funda- cern for working class issues. His radio ad cam- cerns of his blue-collar patrons. As Janezich mental right to health insurance. He believes that paign has noted, "Did you know that there are 85 claimed when he announced that he was running HMOs should be accountable to their patients. He millionaires in the Senate today, but not one elec- for Rod Grams’ Senate seat, "Working families go supports the right to sue managed care plans if trician, plumber, waitress or secretary? The United to a bar, families that have struggled making a liv- they are harmed by their plan’s denial of treat- States Senate should not be a millionaires' club. ing, making house payments, making car pay- ment. As a state senator, he has supported legisla- The working men and women of Minnesota need ments, worrying about their kids' education. I hear tion to expand the coverage of medicare to younger genuine hometown representation, not million- all of that." enrollees to bridge the gap in the federal Medicare dollar politics." Janezich is also the DFL-endorsed candi- program. He vows that when he gets to Wash- date. His strong support of labor in the Minnesota ington he will fight for full coverage of prescription legislature helped ensure Janezich the endorse- drugs by Medicare. ment. He has a 100% voting record for the AFL- In the Minnesota Senate, he has authored CIO. Janezich was at the World Trade Organiza- legislation to secure the largest allocation for Head tions conference in Seattle protesting for labor, en- Start in Minnesota’s history. He also sponsored vironmental, and human rights. It is Janezich’s “Fast Break to Learning,” which provided money position that while technology and the growth of for kids to start each day with a healthy meal. He

the write- in campaign for the FICUS plant in oxygen for everyone, (3) good looks: lush green foli- VOTE FICUS states all over the country for the congressional age, (4) an evasive yet intriguing persona: everyone Angela Ring seats that are up for election this fall. It’s Moore’s loves the strong silent type, and, (4) the requisite position that the FICUS plant is in a better posi- intellect: just think Rod Grams. As the Minnesota democratic primary tion to know and represent the interests of the citi- Consider it for a moment. I challenge you quickly approaches, I find before me the unnerving zens of the U.S. Moore is a self-proclaimed ultra- to find a politician who truly represents his/her/it’s decision of choosing a candidate. Unfortunately, liberal. Thus, I found myself having to step back a constituents. Politicians, in general, are self- the choices are an old money career politician, a moment and think about his suggestion, since self- serving egomaniacs obsessed with achieving notori- millionaire lawyer, a corporate vice president, and, declared liberals being of the highest ethical, moral ety, fame, and power. This cookie cutter personal- of course, the all important bar owner. They con- and intellectual order. In doing so, I evaluated why ity type is prevalent in all levels of government. stitute a tiresome lot, to say the least. None of the the FICUS plant would be a better choice than the So, when faced with the decision to vote for a candi- choices inspire me, except, of course, the bar owner. run of the mill, vanilla, white bread politicians that date, you might as well vote for a tree. A FICUS is I have had visions of propositions on the floor of the parade before us each election season. At some more likely to know what you want, what you ex- senate to install beer taps in the walls of congress, point in my ponderings I thought, “why the hell pect, and have the intelligence to understand what senatorial beer parties, and free coasters and pea- not?’’ you’re saying. This is no time for complacency. It nuts for all taxpayers. So, as a dedicated law stu- Therefore, I am endorsing the FICUS is time for a change in scenery. Let’s beautify the dent, I did a little research into the possibilities. In plant as a write in candidate for Minnesota’s open senate by sending a tree to Washington. Vote FI- so doing, I found a candidate, the awe-inspiring U.S. Senate seat. The FICUS plant has all the im- CUS now. FICUS plant. portant attributes of a successful politician, (1) a Michael Moore, documentarian, social platform: a really nice plant stand, (2) a vision: commentator and satirist, has been spear heading PAGE 14 VOLUME 46, ISSUE 1

SBA Update, cont’d.

(Continued from page 7) funded travel for student organizations. However, Annita Smythe: Treasurer and 3-L and how national officers are elected. Also, and the Board will be exploring new plans to fund or- evening rep most importantly, I found out that there is a lot of ganizations so that more travel can be funded by Suzi Kusnierek: Secretary and 2-L money the ABA/LSD has to fund certain activities the SBA. day rrep the SBA puts on; such as community outreach pro- The SBA Board has worked hard this sum- Jennifer Macaulay: At-Large rep grams. We cannot get these funds unless WMCL is mer to improve the WMCL community for students Nicole Anderson: At-Large rep active in the ABA/LSD. I also attended clinics on and will continue this hard work into the school David Palm: 4-L rep how the SBA can become more involved in the com- year and will be doing what is best for the student Lisa Haster: 3-L day rep munity and be more open to students. body. I would like to ask all of you to speak with James McGeeny: 3-L evening rep The ABA/LSD gives out awards for those your representative if there is an issue you feel Andre Lamere: 2-L day rep schools that are actively involved in the organiza- needs to be addressed WMCL is a small commu- Patrick Ostergren: 2-L evening rep tion and in the community. I am not aware of nity and every person’s voice matters. So, get in- Scott Forbes: 2-L evening rep WMCL ever winning or being recognized by the volved in the process of making WMCL a better Jamie Habeck: ABA/LSD rep and ABA/LSD to date. Thus, I would like to lead a new place by becoming more involved with the SBA. ABA/LSD WMCL President charge for WMCL to get more involved in the na- Lastly, the SBA Board will be working tional arena and in the Twin Cities community. If hard to restore respect for the organization and to we are successful we can improve the image of the continue gaining respect for WMCL in the legal school and the image of the students who graduate community. The Board looks forward to the new from WMCL. This is only a sample of the many challenges this year and to working with all of you. things I learned at the conference. I hope to imple- This year’s current Board of Governors is ment many of the ideas I learned from the confer- as follows (1-L reps will be added in the early fall): ence this year. An exciting change for organizations is Justin Weinberg: Chair and 3-L day coming this year. The Board has begun exploration rep into increased funding for travel to an organiza- Kim Kantorowitz: Vice-Chair and 4-L tion's conference. For a long time, the SBA has not rep

(Continued from page 12) I found Bradford’s grading expose to be Finally, and unlike all other law review Repeater; (7) the Scholar; (8) the Avoider; (9) the nearly as entertaining as it was nervewracking. It articles, the footnotes in this piece are quite fun to Crit; and (10) the Footnoter. Each of these styles is certainly is not written for an audience faint of read. (Although I must admit to being rather dis- different, although some particularly inept stu- heart, and certainly not for those without a rather turbed by the part where he thanked, seemingly dents are capable of writing answers fitting three stealth sense of self-depreciating humor. He without irony, Duncan Kennedy and Robert Bork.) or more categories.” warns: “WARNING: THOSE WITH A WEAK Best, perhaps, is the author’s statement that only Bradford provides examples of each of the STOMACH SHOULD READ NO FURTHER. three things wake him up screaming in the middle identifiable “bad answer” styles. Most law stu- READING THESE ANSWERS COULD BE HAZ- of the night: student exam writing, the Rule dents will find that they can identify with at least ARDOUS TO YOUR HEALTH.” Against Perpetuities (oh, first-years, you have such one of these styles. (I was is left wondering if there Bradford’s archetypes creep into all our a treat awaiting you in the Rule Against Perpetui- is a way to satisfy this guy.) In his example, he exams. I have certainly indulged in the eternal ties!), and the thought his children will grow up to expects his students to simply recite the opening restatement of the question when I didn’t under- be just like him. Fears we can all get behind, I’m line of Lincoln’s Gettysburg Address. (I was also stand a thing. I have also obsessively, compul- sure. left wondering if I could accurately recite the re- sively, dumped everything I have ever learned on quired phrase during an exam…particularly an the page in the hopes that the professor will think exam during my first year of law school?) that counts for something. Mitchell Scores High Again In U.S. News Rankings

Well, we here at the Opinion are always U.S. News and World Report publishes an ranked Mitchell as 11th in trial advocacy and 20th very comfy with blowing our own horn, but it is annual guide to graduate schools, and its rankings in clinical training among 174 U.S. law schools. even nicer when we get a chance to brag endlessly are taken quite seriously. Now, of course the top What does this mean for you? It means about our school. top schools, the one where you go if your dad is that when you attend Mitchell, you’re getting a Returning students, especially those who president, or you used to be a movie star, are the much better chance to learn what it is like to be in have had a chance to take Lawyering, or do a clinic, same every year. No one will ever see Yale or the courtroom, to deal with clients, and to get real, or get mercilessly cross-examined by someone like Stanford or Harvard drop out of the top rankings. practical experience during your time at school. It John Sonsteng, are certainly aware that Mitchell However, U.S. News also ranks schools in means you leave school prepared to deal with the houses one of the best progressive (read: not boring specialty divisions, and this is where Mitchell real world rather than write a treatise. Make sure lectures, but real, hands-on experience) law school shines. The rankings are generated by legal educa- you take advantage of Mitchell’s strengths in these educations in the country. Now, the rest of the tors who teach in the specialty areas, which means crucial arenas. world will be lucky enough to be inundated with that the rankings actually mean something. our smugness. This year’s Best Graduate School guide VOLUME 46, ISSUE 1 PAGE 15

Mitchell in the Summer Months

While looking for news, we were thwarted at every turn by “DO NOT ENTER” signs that littered Mitchell. Being intrepid reporters, we were certain that something very big was being covered up by our fair school. What, exactly, was the mys- tery? Was Mitchell engaging in cov- ert ops for the summer? What were they trying to hide?

Carpet being cleaned??????? Why is the second floor off limits??

Everything became clear when we Were the free cleaning supplies a Bluebooks in the bathroom! Is it necessary discovered that Mitchell was inhab- clue? Do all maintenance closets for students to handle these bluebooks with ited by small, cute, blue things with have boomboxes? green surgical gloves? exam numbers PERMANENTLY af- fixed to them...

This bluey hid in the back row, most likely because he hadn’t read the Blueys are even adjunct professors! Just like 1-L’s blueys hang out in case... (We located this bluey in the adjunct the hallway an inordinate amount, faculty lounge) discussing grades.

Our attempts at further sleuthing were stopped by our remembrance of those ultra-scary and not-at-all inconspicuous Big Brother cameras that litter the hallway. Discovered, we decided to close up shop for the day. But, we are relatively certain this won’t be the last we see of the blueys. Now, if we could have just gotten a picture of the strange machine that gurgled... First Year Survival Kit

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