University of California, Hastings College of the Law UC Hastings Scholarship Repository

Hastings Law News UC Hastings Archives and History

9-19-2001 Hastings Law News 2001 Vol.3 Iss.1 UC Hastings College of the Law

Follow this and additional works at: http://repository.uchastings.edu/hln

Recommended Citation UC Hastings College of the Law, "Hastings Law News 2001 Vol.3 Iss.1" (2001). Hastings Law News. Book 260. http://repository.uchastings.edu/hln/260

This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. HASTINGS LAw NEWS • SPECIAL EDITION • IF THERE IS TO BE A HASTINGS COMMUNITY, THE STUDENTS MUST HAVE A VOICE In Mell1oriall1 The September issue of the Hastings Law News is dedicated to the lives of the victims who perished and the to bravery of those who risked their own lives to help during this time of tragedy. We can only hope that our thoughts and prayers may offer comfort, strength, peace, hope and security.

Thoma«Frnnklin saidofhis photograph. "It said something Fm:man to me about the strength ofthe raising the flag American where the people and of World Trade the firemen Center once having to battle stood. theunimagin­ (ThomasE. able."This Franklin/The photo is being Record) compared to the PulitzerPrize winning shot of the Mannes raisingtheflagat Iwo Jima. bne Nation, Indivisible UC Hastings Remains Open by Michael Dundas. lL Vrrglfi1aproclauned, "This IS your Pearl Harbor. It is time for your Within two shon hours Tues­ generation to have the resolve that While Civic Center Closes day, September 11 ,2001, the world's filled my generation 60 years ago." BySean p, Welch.1L cisco. Accordingly, the Civic Center most famous skyline had been perma­ In a what has recently been a area was being moved to "Code nentlyand irrevocably altered. At the rare show ofbi-partisanship, the . Despite the confusion, disbe­ 2000" status; all '"non-essential per­ same time, the United States came to members of Congress, Republicans lief, and horror of the worst terrorist sonnel" were to be evacuated. The the realization that the day's events had and Democrats, came together on the attack in U.S. history, by 10:30 a,m. U.S. Federal Building and San Fran­ shattered anyremaining illusions that steps of the Capital and announced (PDT) on September 11 , 2001, cisco City Hall were promptly shut the nation is safe from organized that Congress was open for business. several things had become painfully down. The SF public library and the terrorist violence Wednesday momingarrived to clear. Four airplanes, each originally municipal and state court buildings Shortly after the attacks, reports of FBI activity. Vehicles at headed for Califomia, had been were also closed immediately. San President Bush s\JOke on videotape Boston 's Logan Airport and homes hijacked. Two were purposefully flown Francisco's tallest building, the Bank from an Air Force base in Louisiana. ncar Coral Gables, Florida were into New York's World Trade Center, of America building, as well as the "Freedom itselfwas attacked by a searched, and an armed FBI tcam the third into the Pentagon in Washing­ city's most recognizable building, the faceless coward. And freedom will be looking for suspects stooned a Westin Ion, D.C., and the fourth, United TransAmerica building, were also defended." In the most important Hotel in Boston's Back Bay area. Airlines flight 93 en roule 10 San closed. In addition, San Francisco momentofhis nine-month tenn in President Bush once again Francisco, was reported to have public schools, Golden Gale Univer­ office, the President attempled to addressed the nation, this time from crashed outside of Pittsburgh. What sity, and City College were shut down. restore our nation's sense of safety. the White House Cabinet Room. "The was not certain was whether this The closure ofCali fomi a shopping 'This is a test of the nation's resolve. deliberate and deadly attacks, which unforeseeable attack was over. malls and amusement parks, including But make no mistake about it, we will were carried out yesterday against our Shortly aflerthe first attack, Pier39, soon followed. However, pass this test." . country, were more than acts of terror. the Federal Emergency Broadcast Hastings College of the Law remained In a talk: to his young stafT They were acts ofwar." channel indicated that there existed a open forclasses. Tuesday, Senator John Wamerof See Lead ...... Back Page potential terrorist risk to San Fran- See Closure ...... Page 2 2 Sqllember 14, 2001 HASTINGS LAw NEWS SPE C IAL EDmON FAA and DOT Impose Stricter Airport Security Standards New Standards May Affect Students During Fall Recruiting Season by Michael Dundas. 2L Minetta annoW'ICed that same moming airports and the air traffic in the United destination. In the same report, the that limited service was being allowed States to help make sure the traveling network noted that some ai rlines have In the wake ofTuesday's on a case-by-case basis. Even then, public has a basis for knowing that the begun fl yi ng empty planes to the tragiC events, those of us at Hastings airports and airlines were forced to skies will be safe." proper cities. are beginning to question the prospect pass strict new security operations This is all partofabroad effort "It is our intention is tooperale and the reality ofhaving to fly around before reswning service. by federal law enforcement authorities a vel)' limited schedule ... with the the country 10 participate in upcoming Authorities also noted that to provide a greater police presence. priority ofgetting flights diverted to hiring interviews. The Law News has Ronald Reagan National Airport in President Bush added that authorities Canada returned to the U.S.," said already spoken with students who had Arlington, VA will remain closed "have taken every precaution to make Cindi Kurczewski, a Delta spokes- plans to fl y to Chicago, San Diego, indefinatelydue to its proximity to sure that it is safe to fl y in America. lfa woman in an interview with Reuters. New York, Los Angeles, Seattle and WashingtonD.C. family asks ifit is safe to fly, I would "This is a complicated process. It is Santa Barbara. Whether traveling for Speaking on Good Mornillg say yes." not just bringing one airline back, it's ajob prospect, vacation, or simply to America on the 13th, Attorney Gen­ Understand that it will be days bringing a fu ll system back up and visil one's family, each and every eral John Ashcroft announced that before flight service is retumed to running," she said. student at Hastings will soon realize agents from the U.S. Marshals Ser- nonnal. The FAA grounding forced All of these events bring back thai air travel will never be the same. vice, U.S. Border Patrol and U.S. flights to land at the closest open memories ofthe high security our As a result, the Law News Customs were deployed at airport airport regardless ofdestination , airline nation's airports experienced during feels it is important to report on the security checkpoints throughout the companies report. ABC News re- the late 1960's and early '70's, and recent announcements by organiza­ country. "U.S. Marshals are going to, ported that it is going to take some again during the Persian Gulf War. In tions and agencies like the Federal secure both the time to move the planes to their proper fact, various news agencies have Aviation Administration (FAA) and rn=zi'7:;::'!-::~;:-::'ii~:7. reported that the government is the Department ofTransportation planning to implement an "air marshal" (DOT). Around 9:00 am (EDT) on program. This new Federal Air Tuesday, Seplember 11,2001, the Marshal program is an expansion of FAA grounded all American flights for the Sky Marshal program of the the first time ever. The order effec- 1970s, which was designed to stop tivelyclosed American air space. hijackings to and from Cuba. If the Airports were closed, passengers program is implemented, anned were stranded, and security measures ''undercover'' agents would begin flying where heightened to the highest levels on all commercial airplanes. in history. A numbcrof American [The New York Times reported that flights were even diverted to Canada. the modem "air marshal" program While FAA allowed airports has been in existence since the to reopen on the following day, it was hijacking of TWA Flight 847 in June not until that Thursday, September 13, 1985. However the program has thai the first flights began lifting off. only seen limited lise.] Transportation Secretary Nonn Closure ...... From Front Page gone home." The student also com­ to close the school, she looks at three was closed and that police had Considering Hastings' close mented that he felt the administration's factors: 1) whether there is any danger blocked off the entire area, pennitting proximity to so many potential terrorist reluctance to cancel classes was to students and staff; 2) whether it is only one-way, nonstop traffic on Hyde targets, many students were confused "disrespectful and inappropriate.". logistically possible for thecol\ege to Street. "It became clear students by the administration's inaction. Sarah According to a memo e-mailed function; and 3) the appropriateness of would havea very difficult time getting Peterman, a second year, was forced to students, Dean Kane officially holding classes. Kane added, "I to campus," she said. to retum home after she learned that cancelled all afternoon classes shortly recognized the seriousness ofthe Still, many students feel the the Civic Center garage had been before noon. Prior to this general tragedy and that for some it would be administration took a needless risk by closed and was advised by a San cancellation order, the administration a very hard day, but insofar as there not suspending classes when it became Francisco police officer to stay away had adopted a class-by-class policy, was no immediate risk, it was impor­ clear that the potential threat to the from the area. leaving the decision to cancel up to tant to continue forward as nonnal." Civic Center was forcing the closure of Another 2L, Brooke Goolsby, each individual professor. The Dean's She also noted there was concern for nearby buildings and streets. Another called the records office and inquired memo cited student confusion and a those students who would be unable to 2L, who also asked to remain anony­ if classes were cancelled. When told lack ofparking in the Civic Center as leave the Civic Center because they mous, told HLN, "It just seemed like classes would meet as scheduled, she reasons for the mid-day policy change. lived in the area. "We wanted to make the administration had no concern for asked if the administration was con­ When questioned in an inter­ sure the students living in the Tower our safety." cerned about safety, considering the view with the Law News as to why knew they were safe," Kane said. One 3L suggested a future proximity of City Hall and ofthe Hastings remained opened despite As forthe policy change, Dean policy that would close the school to Federal Building. The school em­ nearby closures, Dean Kane stated Kane noted that she made the decision the general public, but pennit student ployee answered, '" don't know that the San Francisco Police Depart­ to cancel classes when the initial policy access via identification cards. It about [the administration], but I am." ment had continually assured her there was "simply causing more confusion in remains to be seen whether the AIL, who asked to be kept name­ was no immediate threat or danger to an already trying time." Also, by late administration will review its emer­ less, wondered, "How can 1 feel safe the school or to the area. The Dean moming the administration became gencyand evacuation policies in light down here when everyone else has explained that when making a decision aware that the Civic Center garage of this incident. HASTINGS LAW NEWS

IF THERE IS TO BE A HASTINGS COMMUNITY. THE STUDENTS MUST HAVE A VOICE Volume 3, Issue 1 September 14, 2000 Welcome to the Are Minorities Making Partner? Class of 2004 New York Times Study Shows Partnership Diversity Lacking , 0 '; i>y Chris Legras, I L by MichUI!! Dundlll. 2L a result,one would assume that by At some finns, the survey shows that now these increasingly diverse classes the percentage was much lower. Now that the academic year is Over 10 years ago, the nations of young lawyers would have become For example, at Sullivan & in fullswmg, weat the Hastings Law top-ranked law schools started increasingly diverse classes of young Cromwell, none of the 33 new part­ News decided that it was time to producing classes more diverse than partners. ners sinee 1997 belong to minority satiate your hunger ror answers. Yes, ever before. Ever since, over 20 A recent survey conducted by groups. it's time to take a long, hard look at percent of the graduating students at the New York Times and reported by At Sheannan & Sterling, one the question on everyone's mind: who some clite schools have been members Times stafT\Witer Jonathan Glater minority lawyer was made partner out are the 1Ls? Who are these individu­ of minority groups, and the percent­ shows that has yet to happen. of17 this year, while none of the 12 als wandering about carrying on agcs at less-selective institutions have While no organization collects who made partner las! year, orofthe conversations such as this: exceeded 10 percent. The entering data on the diversity of new partners, a lOin 1999, were minority lawyers. class of2004 here at Hastings is 32% survey of the 12 highest-grossing law That is 2.6 percent of all partners the lL#I: "lRAC. . .I got il. .. wail. .. the minority. firms in the United States by The New past three years isslle is the thing the plaintiffwrites his By 1993, at least S.percent of York Timesshows that minority At Weil, Gotshal & Manges, plea on, right?" starting associates belonged to minor­ lawyers accounted for about 5 percent one out of the 23 people who made lL#2: "Uh,yeah,that's right. Andthe ity groups. It takes sevcn to eight years of the new partners in recent years at partner this year was fromaminority nile is the second number in the case group, as was one of the 411ast year, citation." and one of28 the year before. That is lL#I:"Great! I think I've got it-just 3.3 percent. one morc thing: what's a tort?" The numbers are similar at Jones, Day, Reavis & Pogue: one Background Cbeck minority lawyer out of31 new partner Hastings enjoyed a successful this year, one out of27 last year, and admissions year, and the Admissions one out of26 in 1999. That is 3.6 folks are taking a well-deserved percent. break, which lasts approximately six Some finus reported more and ahalfminutes before they start progress than others. preparing for the Class of2005. But At Davis Polk & Wardwell we'll give them their moment's respite none ofthe 8 lawyers who made while we take a look at this year's partner this year were members of entering class of students. minority groups, but one out of7 was The Classof2004 not only See Minorities ...... Page~ has a futuristic ring to it, it also boasts aiL who taught junior high school in and early 90' s, and has \Witten severa outstanding academic credentials. The Social Sciences, 20% San Jose before coming to Hastings. books on computers. When asked class brings with it a median LSAT of Sciences, 7 "Teaching and studying law have more how he decided to return to school he 161,and a median GPAof3.5. Other, 7% in common than you might think," he commented, "my daughter just gradu­ Hastings is also getting more diverse. A fmal statistic: some 200 Wldergradu­ commented. "Both professions rely on ated from Stanford, and I was talking Continuing a trend that started back in ate institutions are represented in the public speaking, analysis, and \Wiling. to her about law school. I discussed i the mid-SOs, women make up 56% of Class of2004, including such far-flWlg Besides, as a teacher I taught five with my wife, and we agreed that it the Class of2004. Moreover, this alma maters as the University ofScoul, subjects, and now I'm studying five was a great idea - for me! I see it as year's entering crass is the most the University ofDublin Trinity Col­ subjects!" diverse in the Bay Area, with students ~;~ ~~:e~i~~ .Sl::s~.~.~.~.~~~e. ' lege, and Maca1csterCollege. U.c. Jonmi Koo, who originally ofcolor constitutiqg some 32.S% of WHAT'S INSIDE: Berkeley accounted for the largest hails from Hong Kong, spoke for a the incoming clas:;. single batch of 1Ls, with 69. numberofuswhen she said, '\vell,l'm : PAGE 4 NEWS here because I got laid off. My Fields ofstudy, you ask? How about: Diverse Resum es company IPO'd at S 109, and when I : PAGE 6 COMMENTARY Business, 9% We're also a diverse group left I think we were at $0.39." Conununications,4% : PAGE 8 ARTS 8: ENTERTAINMENT when it comes to our professional Nick Baran is a I L in Section EVENT CALENDAR English,9"'/o backgrounds. Our class includes 4. He is married with two children, Histoty,8% MDs, PhDs, teachers, bankers, and has a background in mechanical : PAGE to PERSPECTIVE Humanities,4% writers, and editors. Mark Neiman is enginecringandjoumalism. He was an Languages, 2% editor fot Byte magazine in the 80's ...... : PAGE 12 EDrrORIAlS 4 September 19, 2001 HASTINGS Lot.w NEWS Entering Class "",From Page 3 lighter attitude ofmodem law profes­ Seven States Still Classify Cohabitation as Illegal my chance to give something back to sors means that I Lssufferthrough less society, and I'm most interested in emotional trawna than in years past. Couples living t;gether outside marriage can be cited for public interest law." He also noted that the increased "lewd, lascivious" conduct and rejected for certain jobs complexity ofthe various issues The Rumor Mill creates a more intellectually challeng­ by Robin Fie/ds. these years'!' There are numerous precon­ ing process. In class he cautions his Los Angeles Times SlajJWriter In Charlotte, N.C., U.s. ILstobriefearlyandbriefoften. "It's ceptions about law school that were [This article was reprinted with the pennis­ Magistrate Carl Hom habitually asks on many IL'smindsbeforethey important that students view the law sion of the Los Angeles TimesiWashington defendants, regardless ofwhy they are anived at Hastings - a reputation for school experience with a strong sense Post News Service.] before him, iftheir Iivingarrangements fierce competition, devastating study ofprofessional responsibility." violate the state's no-cohabitation law. hours, dictatorial professors. So far, The question lurked toward If so, he refuses to release them unless however, it seems as though the worst Why Are We Here? the bottom of a six-page affidavit, part they agree to marry, move or get their fears of most have been put to rest. When quizzed about reasons ofher application to become ajuvenile partner to relocate. Indeed, Professor Richard for corning to law school, answers probation officer in Phoenix. Dozens of people have been Cunningham, who teaches Property to were as diverse as the students. A "Are you living in open and moved to marry, and at least one has I Ls, noted that the game has changed surprising nwnbernamed either notorious cohabitation?" it asked, proposed right in the courtroom. significantly since thedays portrayed in intemationallaw or human rights law adding that doing so was a misde­ In states where private citizens The Paper Chase. There are no as their primary interest. Others meanor sex offense that would dis­ can filernisdemeanorcriminal charges more professors expressed qualify her foremployment. without triggering police investigations, that practice in interests in '1 thought, well, I keep the people sometimes pursue cohabitation terrorum ''I'm here because I corporate law or blinds closed," said Debbie Deem of complaints against former spouses, teaching­ mergers and her then eight-year live-in relationship often to gain leverage in divorce or loosely trans­ got laid off. My com­ acquisitions. with her male partner. "This is none of custody disputes, attorneys said. lated as ''terror pany IPO'd at $109, Sedania the state's business." The laws do not appear to teaching." Gebre, a Berke­ At a time when new census provide much of a deterrent to cohabi­ ''For and when I left I think ley graduate data show that more American tation, however. who grew up in couples than ever are living together In the decade of the '90s, the i::~S~7y:~ . we were at $0.39." Ethiopia and outside marriage, seven states still ban nwnber of unmanied-partner house­ it's really a intends to study such arrangements. hol$ nearly doubled from about fcelingof - Jonmi Koo, IL international law, Arizona is no longer one of 500,000 to more than 930,000 in the perpetual said "I want to them, having repealed its law in May. seven states that still ban cohabitation. renewal," said Prof. Cunningham, "a do something fortheworld. 1 feel like But in Florida, Michigan, By comparison, the nation overall lot ofus would do it for free." He I owe itto my family, ormaYbemy Mississippi, North Carolina, North experienced a 15% increase in the addedwithagtin, "ofcourse, that's countty. There's always that tie that Dakota, Virginia and West Virginia, number of such households. until we start grading all ofthe finals." links me back home ... it makes you "lewd and lascivious"male-female Gay-rights and singles-rights Prof. Cunningham said that the want to go make a difference." cohabitation remains illegal, a reminder groups have joined forces to lobby that in parts ofthe nation, the conser­ against the measures still lingering on Hastings Law News vative past still rubs up against the the books. - If th ere is to be a Hastings community. the students must have a voice. more liberal present. "It's out ofsync with reality," Most such laws date from the said Thomas Coleman, executive

Edilor.ln-Chief MichaciDundas,2L 19th century; severallwnp cohabita­ director of the American Assn. for Copy Editor Sarah Pelerman, 2L tion in with prohibitions against adul­ Single People. Ans & Enlenainmenl Edilor BrookeGoolsby.2L tery and fornication. Typically. the Debbie Deem had a different Phologrophy Edilor ReichiL«.2L SufTllluSlrolor Cyndi Miller,2L offense is a misdemeanor punishable solution. Sick offceling like an outcast Editorial Policy Statement by a short prison termora fine of up in Arizona, she moved to California to $500. several years ago, settling in Camarillo. Th e HtUtings Law News is Ih e monlhly siudeni newspape r of Ihe Haslings College oflhe Law The statutes are rarely en­ "A1\er a certain point, Ijust Signed opinion/cOmmenlary arti cles, when clearly marked as such, represent the opinions Ihe forced, but they still can have dramatic said, 'Get meout of here,' .. she said. wnler and nollhal oflhe College or Ihe Law News. Nothing in these should be conslrued as Ihe opinionofthe College oranyofitsofficials. effects, even ifviolators are never "If I'm considered a sex offender .. . directly charged. it 'stimetogo." News, fealure and opinion articles are accepted from the community at1arge as well as studenl5, ThestateofVirginia, for butpublicationcannol be guaranlero, Prospective opinionwrilefSncai locontacllhe editor·in­ example, has threatened not to renew ...... ch ief The La w News welcomes leiters 10 Ihe editor. SIC drop letters 10 Ihe Hastings Law . . New! folder Of send an email to lawnewS@uchaslings_edu. Letters must be signed and include the home day-care license of a Nor­ Ihe wrilCT's phone number. Malerial s should be submitted on disk, in Word, Long letters may folk woman because a state inspector Write fqr the be ed iled . All submissio ns are copyright the dale of publication by th e individual contributor Requesis Ihat names be wilhhel d will be considered, bul anonymous letters will nOI be printed categorized her live-in partner of 17 AdveniscmenlS are accepled at Ih e address be low. Rales upon request years as her companion, rather than as Law News a boarder, as previous inspectors had HaJlings Law News done. The ACLU has taken up her 200 McAllister Street Submissions and article ideas San Francisco, CA 94 102 should be e-mailed to [email protected] '1 was really upset," said [email protected]. (415)565-4786 Darlene Davis, adding that she had never misrepresented her relationship From Dialogue Comes Truth to state regulators. 'This is how I make my living. Why now, after all Vol.3,lssuel H ASTINGS LAw NEWS 5 Minorities ...... From Page 3 continually small nwnberofminority in 2000, and one out of 10 was in senior associates and an even smaller 1998. That is 8 percent. numbcrofminoritypartners.lthas Simpson Thacher & Bartlett taken us almost 15 years to get to the made threeminority lawyers partners point where most large finns now have this year-al1 of them Asian - out of one African-American partner." 11 new partners, but none, out ofa Five firms did not provide data tolal of 15 new partners, in the two on new partners, with some instead preceding years, That is 11.5 percent. giving only numbers on all partners. McDemlott, Will & ErneI)' this But statistics in a recent NALP publi­ year made a total of6 minority law­ cation suggest what the situation is at yers equity ornonequity partners out fOUI ofthose finns. As of February , of 68 new partners, up from 2 outlOt according lothe NALP, Mayer, 72 last year and 3 out of64 in 1999; Brown & Platt had 6 minority partners 5.4 percent for the three years. out ofa total of31O (about 1.9 While there are no statistics on percent). That number ofminority the diversity ofnew partners at all partners has not changed since 1999. fimls, there are munbers on the Ai Latham & Watkins, 20 ofthe finn's diversity of all partners. Over all, last 357 partncrs (5 .6 percent) are from year minority lawyers accounted for minority groups, compared with 19 out 3.4percentofal1 of345 last year law finn partners " If we in effect say we ' re and 17 out of317 (1,608 lawyers), drawing the highest qual­ in 1999. Morgan up less than a ity lawyers from some­ Lewis & BoclUus percentage point had 12minority since 1993, thing Jess than 100 per­ partners 'Out of a according to the cent of the population, total of300 (4 National Asso­ then by definition we are percent) as oflast ciation for Law not getting to all the high­ fall. Ofthe 117 Placement. new partners est qua~ity lawyers." '1tis promoted by definitely an issue -H.Rodgin Cohen Skadden, Arps, that students Chairman Slate, Meagher & should be wise Sullivan & Cromwell Flom since 1996, to," says Sari eight (6.8 percent) Zimmenrum, have come from Director ofCareer Services at minority groups. Hastings. "It speaks 10 the atmosphere There is some good news. It ofeachparticularfirrn." Zimmerman should be noted that the population of makes a point to remind students to jWlior lawyers at law firms is more research non-traditional statistics, like diverse: Nearly 13 percent of the LEGAL IMPLICATIONS OF A minority hiring and promotion. when associates at finns last year were choosing where to apply. She says, minority lawyers. And more than 17 WAR ON TERRORISM: "Sources likethe annuaJ National percentofintemsat law firrnsthis A Panel Discussion & Open Forum Association for Law Placement summeraremembersofminority (NALP) survey is a wonderful place groups. Furthennore, law finns here in to research the irmerworlcings ofthe San Francisco, where the bar associa­ Wednesday, September 19th, 2001 largerfirrns." tion has made a concerted effort to @ 3,40pm Some lawyers say that while recruit members ofminority groups, Louis B. Mayer Lounge, 198 McAllister many law schools have aggressively are significantly more diverse than law recruited minority students and many firms in New York City. Finns in Please join ASUCH and a panel of law firms have done the same for Miami and Los Angeles are also minority grad~, firms have been significantly more diverse than those in professors as we recognize and explore 'more reluctant to promote minority many other cities. legal issues surrounding the tragic events associates to partnership. H. Rodgin Cohen, chairman of of September 11, 2001. "The problem appears to be a Sullivan & Cromwell, told the Times continuing revolving door," said that his finn is focused on the issue not - Sponsored by ASUCH - Theodore V. Wells Jr. in an interview just because it is "societally correct," withGlater. Wells isco-chairman of but in order to insure that the finn has the litigation practice at Paul, Weiss, the best people. "Ifwe in effect say (Note: we acknowledge that many people in Rifkind, Wharton & Garrison in New we're drawing the highest quality the Hastings community may be celebrating York. "A fairly constant number of lawyers from something less than 100 Rosh Hashanah, and we apologize for the minority associates comes into the percent ofthe population, then by inconvenience. ) pipeline, and they're gone four years definition we are not getting to all the later, with the net result being a highest quality lawyers." 6 Seplember 19, 2001 HASTINOS Lt.w NEWS Commentary Judge not that A Musing Commute ful person, I see sweat. In every field, where everybody crashes - see our by An Macomber, 2L the early riser, the gal that won't give Academic Regulations forthe specif- Ye not be Judged up, the bulldogs are the ones who ics. However, the purpose offina1s is I woke up this morning and take home the trophy. Now, hard not to write well, not to show that you iy Gene Freeland, Hastings Class of 1951 realized that I knew the secret of work iso't everything. Circumstances, know the law, because they don't success. Actually, I am probably the timing, and an attractive demeanor teach you to show in writing that you Not all sports are played out-of­ last one to figure it out, or maybe I can help. Bangingyour head against know the law. Therefore, to test on it ioorsorwhilewearingsports equipment. knew it before and simply buried the the wall may get a drink named after would be a waste oftime - the admin- ,orne games are waged in downtown truth behind the glaze of streaming you, Harvey, but it is not the key to istration isn't that dumb. tigh-riseoffice buildings, with the play­ media . . .. It's sweat. success. The purpose of finals is to :rs dressed in business suits and ties and No less a cunnudgeon than So, sweat is not sufficient, but wear a student down and see if they .vearing wing-tipped shoes and high Thomas Alva Edison·said success was it is necessary. get back up again. Why does every leeled pumps. In major law finns one of 90% perspiration. It is related at his Oneofthe interesting facets lawyer inside and outside ofschool tell he best known ofth ese exercises is called Menlo Park facility in New Jersey that oflaw scrool, especially the better you not to worry about the first-year <\ssociate Evaluations, a cruel sport hut he tried over 10,000 prototypes for the ones, is that they specialize in reward- grades? Because they know the me not without its humorous moments. light bulb before he figured out the ingeffort with failure. Now, this may secret. The secret is that the entire first The drill involves question­ filament style that finally lit homes appear cynical, but stick with me a yearis not a content-oriented drill. You laires sent to all partners twice a year across America. We could use folks second. The Paper Chase had a are not learning what the law is, lSking for comments on the comport­ nent ofthe associates they worked like that today. Does it ever seem to purpose. A person can come to law because it is always changing. You are vith during the preceding six months. you that we are living offthe efforts of school and read al\ the cases, speak learning to get back up after being people long dead as we stare at the up in class, bother their classmates knocked down. It is a drill to knock [be fonns have blank paragraphs with tube and whine about how this or that with legally interesting but totally the successfuJ college student down a itles identifYing the conduct to be see if they have gumption and liscussed, e.g. "Subject's Work Ethic," should-a could-a would-a been some- boring and nerdy scenarios, and haunt peg to 'Subject's Intelligence," and more titles thing else? But that's another editorial. faculty offices in search ofknowledge prepare them for the post-graduate uong similar lines. Look at Abe Lincoln. Here's a of the law. (Not that I,personally, sweatshops of the modem finn. guy who lost something like four would know of anyone who actually To use an old saw: itis not When the fonns are filled out elections before getting into office. In does this ... ) Lots of sweat. But, then how hard you fall, but how far you md returned, a team of three partners, pre-Civil War Illinois, these races were the law school sets it up so that testing bounce when you hit the bottom. So, tllegedly "friends" ofthe associate, call extremely local. EveI)'bodyknew happens in an area where the school relax and do your best - for YOU, umlher in to discuss the results. First, everybody else. Giant Old Abe, the provides time on training: the 'cause no one else cares, it matters to he hapless neophyte's good points, if zero Giant Loser. He had my, are quickly disposed of so the to live with that arcane and arid brutality oflegal no one else, and you will never see growing reputation as a loser. There writing. In other words, they want to your effort reflected in your grades. hree superiors can get down to the was no infonnation glut to paint over make you work for it, they want you Sweat like a dog, prepare to have nain business at hand, the junior's his failure with a fog ofstreaming to feel like a failure the first year. It is your best efforts flyaway on the cold aults. media No anonymity for a painless done on purpose. winds ofa distinctly non-academic Then, one by one, in agonizing ashion the associate's failings are put retreat into his log cabin. No, he just There are concrete method- grading curve. Prepare to brush ofTthe had to keep going. Get up, dust himself ologies for getting good grades on year, and get some steam up for the '" parade and discussed in minute otT, and keep going. finals. Scientific step-by-step stuff. next go-round. We ain't done till they letai!. Finally, the young one is re­ eased, with the admonition to improve, :-:-""Wh..,e_n~I~IO.:,Ok~a~te:..v.:,ery;:..::,".:,,,:.::es:.::s_---..Th:;:,thi:!d:..:!amagi~rc:"_e",,,.... IO_W_"_th_ e _bO_x_in_to_th_e.;;S'_o_un_d_.. 10Iy to find in six short months that he! laughs. Under the title "Subject's Work ' ,. v , ... '11 he is once again up against the wall Ethic," one partner wrote, "Gene H~!~~~I:'T:EALI nd wondering iflife is worth living. works well under strict supervision, and ll\cnoir J[oungc Well, I endured this "game" for when cornered like a rat in a trap." » Fine Wines lve long years before making partner. Pretty good, eh? An entry under ~ Spirits r® )nce, but only once, I got some "Subject's Communication Skills" read, ~ Beer °0° .) > Lotto 0 .huckles out of it. "When this guy opens his mouth it's to ~ Post cards I came back from court one replace one foot with the other." Not ~ Video Rentals lay to find on my desk the stack of bad. And finally, undcr"Subject's ~ American Food » Middle Eastern Food :valuation reports about me, obviously lntelligence," one wag wrote, 'This » Hastings Student Discount f~ ATM Machine available nisdelivered to my office instead ofto fellow is depriving some village some­ » VISA & Mastercard accepted » Pool Table he team's lead partner's. Naturally, I whereofan idiot!" » foos-Ball 'pened my lower right-hand drawer With friends like these, who Free Soda with .;:::~:'::,.elk~E~eli Smuiwich : » Darts the one with my Playboys) and stored needs enemas? » Inside the Renoir Hotel he packet for reading at home that [Copyright by Eugene L. ~ . Fulllbr & large Variety of Beers tight 36 McAllISter Street ). . Freelantl. All rights reserved. Gene (Between campus 80: the tower)'" 45 ~ Sroar As I rested in my living room Freeland is the current Chair ofthe ~ \fith libation in hand awaiting dinner, I Hastings Board ofDireclors.] ~~'\~dJh;·~/. (;,; ~;:;-;;2 terused the fonns - and got some L..-_";;;';;";;;';;_--J VoJ.3,lssuel HASTlNGS LAw NEWS 7 FROM THE HASTINGS BOOKSTORE

C

" r ' 0 m e s p a p s e s c t 0 n

THE TWIN TOWERS STILL STAND ..... KEEP THEM SAFE. 8 September 19, 2001 H ASTINGS LAw NEWS Arts & Entertainment SF Opera Offers Low Cost Elegance bj>l8Tooke Goolsby. 2L uo Or so I read in the Chronicle Guild's education and outreach But I digress ... Riga/etta, by on Saturday. Like many of you, r am a programs that serve over 40,000 Giuqeppe Verdi, is the "tragic tale of The Opening Night Gala law student and even if someone gave students a year.) innocence and revenge" according the The San Francisco Opera me a ticket (estimated opening night producti on note. In reali ty, it's about a Guild Opera Ball. September 7,2001. costs = $700 - $2,500) r could never The Perfonnance womanizing Duke, a bitter, defonned Openingnight. The gowns (Vera Wang afford an appropriate dress to wear. First off, the War Memorial Jester (Rigoletto), his daughter (Gilda), and Oscar de la Renta), the dignitaries And I'm not even sureifthey allow Opera House is truly remarkable. It is a curse and a murder. (Howard Baker, ambassador to people in my tax bracket into the War grand in a way that modem buildings . A short synopsis: The Duke Japan; fornier Secretary of State Memorial Opera House on opening are unable to be. At the risk of being and the lester become the victims of a George Shultz), the rich (Tony and night. There is hope forme however, crass, even the bathrooms are amaz­ nobleman's curse - the Duke because Momo Kobayashi~ president of Fuji as one ofthe city's legal leaders of ing. 1t is also very confusing. The many he has tainted thehonorofthe Xerox Co.) and the (in)famous (both tomorrow the opening of the San levels, corridors, stairwells, and seating nobleman's daughter and the lester Mayors Brown) aU gathered to Francisco Opera season may be in my areas make it easy to get lost. Whether because he doesn ' t know when kl celebrate the good life like only San future. As fornow, weekdayperfor­ you are new to San Francisco or have stop joking. The jester's repartee Franciscan'scan. The menu featured mances will have to do. And so I went lived here your entire life, you should motivates the courtiers to kidnap the prosCiutto-wrapped scallops, filet on a Wednesday night to see a perfor­ make a point to check it out, regard­ Jcster'sdaughter, whom they believe mignon and tiramisu, the florist was mance ofRiga/etta. (It should be less of whether you go to the opera. to be his mistress. and give her to the flown in from Paris - it was decadent, noted that proceeds from the night's After all, the Opera House is just a See Opera ...... Page 9 elegant, in a word - fabulous. white-tie affair went to the Opera few short blocks from Hastings. Gourmet On the Cheap schedules allow us the opportunity to Molinllri Delicatessen shellfish for more than 75 years. It contin­ avoid the regular lunch crowds. Rec om­ Comer of Columbus and Vallejo (North ues to showcase some of the [mest local For those ofus who didn't grow up in the mended: While everybody should eat at Beach) 415-421-2337 products ~ crab, salmon, sole, rockfish, sand city by the bay, it helps to have a friendly Nan King at least once (some of us can't The self-proclaimed ultimate San Francisco dabs, and oysters. And if you like fish for guide point out the local "hole·in-the-wall" help but to keep going back), there are deli and landmark, Molinari has been breakfast, you can [md it here. Recom­ restaurants that make San Francisco one of those who say the food is just as good next around for more than a century. Hundreds mended: A bowl of New England clam the greatest culinary cities in the world door at ChefGia's (without the wait). of imported meats, cbeeses, wines and chowder and a selection of oysters on the Some of the foUowing food spots have canned goods are crammed into every half-shell achieved national acclaim, others are known La Pal ma MeX'icatessen square inch of space. Molinari reminds us only to those who live in the neighborhood 24th SI. at Florida St. (M ission) of the pure pleasure of the Italian eating ThaiTime However, each and every one has incredible 41>647-1500 experience. If you end up ordering food, 315 Eighth Ave. at Clement (Inner Rich- food for the right price. Watch the woman in the open kitchen pat remember to take a number and grab your 111000)415-831-3663 the com or wheat· flour dough out by hand own sandwicb roll from the bin. Recom­ Thai time proves that good things come in (In alphabetical order) before plopping it deftly onto the griddle mended: The North Beach Special- fresh little packages. Truly a neighborhood Chez No us for some of the best tortillas in the city. La sliced prosciutto, provolone, sun dried delight, this restaurant serves up incredibly 1911 FillmoreatPine(FilhnoreDistrict) Palma, which is primarily a market, sells tomatoes, and sweet bell peppers, authentic food. While the traditional 415-441-8044 staples like masa, dried chiles (both ground favorites are excellent, Thai Time cooks up Chez Nous fills the Freneh slot in San and whole) and comhusks for tamales Shalimar a number of authentic Thai dishes that are Francisco's tapas craze. Everything on the Cooked rice, beans, fresh salsa and 532 Jones Street between Geary and waiting \0 be discovered. Recommended: menu is cheap, creative and wonderful to guacamole are available to take home, too O'Farrell (Tenderloin) 415-928-0333 The Hor Mok Talay, a seafood wonder in Althougb it's easy to ov erlook this humble eat. The restaurant features dishes from The secret is the food counter at the back coconut red-curry sauce cooked in a around the Mediterranean, but the signa­ of the store that serves up incredibly eatery, situated as it is on a particularly coconut shell. ture dishes like the croque monsieur, and "colorful" stretch of Jones Street in the authentic food on the cheap. Very few of T"L>n the lamb chops with lavender salt arc pure the staff speak En glisb, though, so unless Tenderloin, Shalimar has managed to attract a loyal clientele offoodics and Indian food Comer of Market and Sixth (Tenderloin) Gallic. Also recommended: TIle people who you speak Spanish, just be prepared to own Chez Nous also own the Bay Bread fans on a budget - the restaurant regularly 4154i2Mf)27 point. (Note: Take-out only) Recom­ Living in the Tenderloin, we quickly come Company just around the comer from the mended: Chile Reneno. makes it to the lists of the top restaurants to restaurant This bakery turns out wonderful the Bay Area. The food is wonderful, the to learn that the comer of Market and Sixtb breads and pastries portions are guaranteed to fill you up AND isnot a culinary mecca. However, back in LaTaqueria the 70's, Julia Child's trip to Tu Lan put San . 2889 Mission, at 25th Street (Mission) ge t you change back from a ten-spot TheHouseofNan King Recommended: The tandoori chicken and Francisco Vietnamese cooking on the map. 919 Kearny at Columbus (Chinatown) 415-285-7117 Since then, Vietnamese cuisine has prolifer­ While everybody has own their "favorite" paratha (a bread made with crispy layers of 415421-1429 ghee, then stuffed witb potatoes, onions ated throughout San Francisco and burrito place, the y all seem to agree that La The House of Nan King, located at the and garlic). beyond. The space is a crowded, dingy, north-east comer of Chinatown, is world Taqueria makes some of the best in the city hole in the wall, service is impatient but the renowned for its excellent Hunan food. But The fat Mission burrito stuffed with salsa, Swan Oyster Ikpot food (and the proximity to school) makes watch out, the place is cramped. There is rice, meat and cheese is the true San 1517 Polk Street at California (Lower PolkI for a great place. Heaping portions of usually a line, which means don't ever go at Francisco treat. Customers come in, they VanNess)415-673-1101 undeniably tasty food at unbelievably low peak dinner or lunchtime unless you 're line up and order food to take out or ea t on Another one of San Francisco's culinary prices, mah Tu Lan one of the best ready for a long wait. The reason being, the one of the backless stools in the crowded landmarks is the Swan Oyster Depot. It is a b3rgains in the city. Recommended: The quality of the food has earned the dining room. The restaurant is just a short simple oyster bar, where marble counter "cubed beef with VN flavor" and the fri ed restaurant's way into a number of tourist BART ride from school. Recommened: seatin g is al1 {hat is available. The Depot wbole fish are standout dishes. guidebooks. Being students, however, our Create your own favorite burrito has been serving the city's freshest Vol. 3, l$SueI HASTINGS LAw NEWS 9 Opera ...... From Page 8 acoustics were not great, but it had "Haiku Tunnel" film, Josh becomes visible in the eyes of Duke. By the way, the daughler had little effect on the perfonnance. his co-workers only once he goes already fallen in love with the Duke. As a newbie, I found the Brings Lighter "penn." When Rigoletto goes 10 find her, Gilda subtitles a bit distracting and the initial Another comic highlight, in admits her love for Ihe Duke (who is scene awkward, but after 30 minutes I which anybody who has worked at a offseducing another woman- the stopped reading and started to just Side To Law Firm finn will recognize. comes when Josh's mercenary Sparafucile's sisler) and in enjoy. Not just theperfonnances, but by Marissa Yee.1L co-worker Clifford relates an encoun­ the end . .. 1won 't spoil it for you, but the atmosphere. Listening to a live terwith one ofthe partners. "Jack, I don't care if you're a partner. You owe me an il IS tragic. orchestra instead ofsurround sound, I have been a friend with Josh apology," Cilfford says. It sounds more like "soap the ornate detailing of the War Memo­ Kornbluth for a year now. It is abso­ The pressure of pennanent as­ opera" than "opera opera," but keep rial Opera House, the plush chair, the lutely ama:ling towatch the media whirl­ signment short-cil1-

[Theftlm debuted on Thursday, September 13, 2001 at the Land­ mark Embarcadero Theater in San Francisco. It is presently showing at theaters;n San Francisco and Los Angeles.] Starting Next Issue: "Taste" A Food and Wine Column

Written by AlexSood 10 September 19, 2001 HASTINGS LAw N~ Perspective Should the u.S. Adopt the Kyoto Protocol? Ch Climate Change (lPCC) has con-. Protocal Fatally Flawed environmental decisions. ls this con- ~~~~~~~II:~~ ange ~~~~e::,'::::gJ~=;;:~=? by M,"h~ M,,,/ey 2L denuwt;~:=~;etbY the Kyoto peratures will rise as much as 10.5 Recently, President Bush Treaty were extremely ambitious. The Nearly 180countries have degrees Fahrenheit within the next 100 announced that the United States U.S. was required to reduce emissions agreed with the latest draft of the years. Sea levels will rise, island would not sign onto the Kyoto Proto- of greenhouse gases to 7% below the Kyoto Protocol. This represents countries will disappear, and precipita- col, calling the document "fatally baseline year of 1990. Not such a possibly the largest agreement in the tion patterns will change dramatically in flawed."This position was in linewith huge stretch, until one considers that history of the world, yet the world's many regions, adversely affecting that ofthe Senate, which in 1997 had the U.S. was already 12% over the supposed leader, the United States, agriculture. health and water re- voted 95-0 in opposition to a treaty baseline by 1999. Extrapolating from has turned its back on this historic sources, displacing populations, that imposed "significant economic that growth, compliance would require achievement. The U.S. is the world's increasing malaria, and extinguishing burdens" on the U.S. economy and as much as a 30010 reduction in emis- pollution leader, we contribute one species and habitats. which lacked "specific scheduled sions from the trend line when it takes quarter of the world's carbon dioxide Opponents deride Kyoto comminnents" for emissions redue- effect in 2008. There is simply no way emissions (percapita, nine times more because developing countries are not tions in developing countries. this could be done without grievous than China, and 15 times more than participating. The fo\lowingcountries As these concerns had not hann to the U.S. economy. India, our two closest competitors in have both signed and ratified the been addressed, President Bush's The Energy Department under the global pollution race). Kyoto Protocol: Antigua, Bolivia, action might have been considered President Clinton estimated that It is now internationally Ecuador, El Salvador, Equatorial unremarkable. Instead, the reaction in "meeting the Kyoto target would cut accepted and widely documented that Guinea, Gambia, Georgia, Guinea, certain circles, particularly in Europe, the gross domestic product by 4.2%, global wanning is real; the polar Honduras, Jamaica, Kiribati, Lesotho, bordered on apoplexy. President Bush or more than $400 billion a year." The icecaps are melting and climatic Mauritius, Mongolia, Mexico, Nauru, was called the "Polluter ofthe Free effects ofthat economic do...... ruall variation is growing (Arctic ice is now Niue, Paraguay, Romania, Senegal, World" by one major British daily and would be felt here, and even more 40 percent thinner than in 1%0; a Turkmenistan, Uruguay, and that note ofmeasured restraint was acutely abroad by those developing glacier in the Peruvian Andes that was Uzbekistan. This aside, 80 percent of echoed throughout the continent. nations that depend on the U.S. for receding about 12 feet per year in the recent buildup of greenhouse gases Senator Joseph Liebennan, whose trade. The cost ofthe treaty is further 1978 had accelerated to an astonish- in the annospherecomes from devel~ position appears to have evolved increased because the reduction ing 500 feet per year by 1998,pre- oped nations' clearly it is the industrial- since 1997, even pledged a Congres- See Con Kyoto ...... Page 11 dieted to disappear around 2015). See Pro Kyoto ...... Page II sional investigation ofthe President's _ _ The UN Intergovernmental Panel on Tale of the Tape: Giants or A's Better for Fans? A Better Brand of Ball ballp",k.NetwmkAswc;ate',Coh- A's Offer AdverSIty g~e~manage<,JohnM'Grn:", . by Ryan Roberts. 2L seum counters the lavish amerutles at by Jesse Adams, 2L disnussed the newly fonned A s WIth Pac Bell Park with post-adolescent, conternpt, calling them ''the white Let's start with the obvious: band-camp rejects banging discor- I asked an old friend of mine, elephants" of the league. ~e A's, part Pacific Bell Park. Perched upon the dantly and incessantly on their drums who, along with theA's arrived in ofthe newly fonned Amencan B.ase~ beautiful SAN FRANCISCO Bay, and the infamous (for reasons un- Oakland in I %8, why being an A's fan ball League, defiantly adopted this this "Shangri-La" of all baseball known) $1 taco night. A's fans may was better than being a Giants fan. whiteelephant~ theirtearn logo, an? stadiums puts Giant's fansc\ose someday get their stadium in the sun, "More adversity," he said. Low proceeded to Win the pennant. Co~e enough to the field to view the rotation that is, ifthe Giants let them move to payrolls, an ugly ballpark, the timeless Mack, who incidentally wore a swt to of the baseball as it is hurled toward Santa Clara County. HopefuJlytheA's disrespect ofplaying in the American the ballpark, managed thetearn for the the batter. Meanwhile, at Network will not have to move too far away League, constant rumors ofpossible next fifty-four years and accumulated Associate;s Coliseum, A's fans, even from the Bay Area (i.e. Las Vegas). relocation to Santa Clara, Sacramento nine ~an~s and five World Series . those in the first row, are a different zip (Note: I will leave the side effects of or even Las Vegas, ever-decreasing Ch~PlOnshi.ps. Tw~ oftho~ Champl- code than the actual playing field. Can sharing a stadium with the "Raider attendance. and finally, acommissioner onships commg against the GIants. A's fans even make out the players Nation"to your imagination.) ofbaseball who personally blocked The A's moved to. Oakland ten from the upper deck in right field? Whilethe Giants clearly have the sale of the team to local ownership years after the heralded GIants had Pacific Bell Park has a pre­ the edge in stadiums, the Giants also behind closed doors. established a foothold in San Fran- miillll sound system and excellent food have the "on the field" advantage. Hall When you think about it, the cisco. They wore white shoes and gold choices (''world famous" garlic fries, ofFamers who put on the Giants' A's have proven people wrong for a jerseys. They even tried out gold bases Krispy Kremes, Cha-Cha Chicken unifonn include, but are not limited to full century now. They were trealed a few years later, but the league put a Bowls) to enhance the Giants fans' "Say Hey" Willie Mays, Juan with disrespect even in their infancy. stop to that. Their closing pitcher, already lavish experience at the See Giants ...... Page 11 In 1901,theNewYorkGiants' See A's ...... Page II Vol. 3. Issue \ HASTINGS LAw NEWS 11 Pro Kyoto ...... From Page to U.S. have stalled since the first Bush Con Kyoto ...... From Page 10 their obligations. Furthermore, the ized nations that must lead the charge. administration(the efficiency of enforcement provisions ofthe treaty Developing countries, trying motorized vehicles is at its lowest since provisions are front-loaded. That appear to have a loophole. A country desperately to modernize, commonly 1980). Second, the estimated costs in means factories and machines would that overshoots it's target for emissions criticize the U.S. when it directs them industrialized coWltriesof meeting their have to be scrapped and replaced must reduce by an additional 30010, but not to chop down theirrainforests; emissions reduction targcts under the instead ofnalW'ally retired from since amends do not have to be made they ask, '\vhyshouldn't we exploit Kyoto Protocol are actually minimal. setVice. Additionally, these reductions Wlti12012, when the agreement our land as we wish?" After all, is that In its March 2001 TIlird Assessment would significantly impact the auto and expires, it would be possible to flout not what the U.S. did in its rise to Report, the IPCC concluded that power industry as fossil fuels are the the treaty and escape any repercus- world prominence? However, despite ''hundreds oftechno logies" are avai l- source ofmosl greenhouse gases. In sions. all this, many ofthese developing able to reduce climate damaging effect, Kyoto would have extended Amongthepossibilities emissions to below current levels by California's recent energy w~ LO the proP.96Cd to give motCJflexibilityttfthe ~:;:~e:' ;~~lst~~:~~e~~ht~r 2010ata very lowcosf,'liMata entire country. treaty are allowing emissions-trading the United States to walk away. profit by 2020. The Kyoto Protocol Despite the high cost, perhaps and giving credit for emissions sinks. Opponents who claim that the inspires cleaner technology; it is one the burden would feel lighter knowing The first would allow countries to buy Protocol will result in no detectable force behind major automobile com- that the U.S. stood with the rest of the and sell space below their caps, and influence on climate miss the point. world in the endeavor. the second would give credit for net Countless countries, many developing But that would not be greenhouse gas reductions such as the countries with littleorno significant the case, as develop­ plantillg ofa forest. Both ofthese pollution controls, have agreed to ing nations, and thus proposals, attractive to the U.S., were abide by an international treaty that ~~~e:e~;I:p:=o~- eight of the 20 largest vociferously resisted by EU countries requires them to put a ceiling on their vehicles that do not emittersofgreenhouse in orderto maintain the "envirorunental pollution. While the treaty will not run=~ offossil fuels. I~· gases, are exempt integrity" ofthe pact. Interestingly, solve the world's growing environmen­ The Bush from the treaty. Two once the U.S. withdrew from the tal crisis in one fell swoop, Kyoto administration is rife ofthose countries, discussion, EU states were only too represents a desperately needed first with heavy hitters , China and India, happy to make the same conc~sions step towards global pollution preven­ from the energy industry, whose project to be within the top three to Japan to secure their signature, tion and awareness. motives are clear. But this does not emitters within the next fifteen years. because it was "a worthwhile price to Fuel and energy industry excuse the United Stales' arrogant Russia is also effectively exempted, pay." The concessions were so broad, propaganda spouts that the U.S. ignoranceofits responsibility to the thanks to their dramatic economic in fact, that several advocates, includ­ economy will suffer ifthe COlUltry is rest of the world and humanity. Our collapse since the end of the Cold ing Greenpeace, are now criticizing the forced to abide by the protocol, and reluctance to set finn targets to reduce War. Thus,eventhoughtheyremaina treaty as being too lax. that because our environmental emissions ofgreenhouse gases stalls significant polluter, Russia's economy Inanalyzingthetreaty, itis also regulations are among the world's international action and retards the would be free to grow while we appropriate to consider the science on most stringent, we need not constrict necessary push to developing countries strangle our own. In addition, there is which it is based. Proponents of the our pollution further because the rest like China toward economic progress. significant doubt that most members of Kyoto Protocol contend thaI global of the world is just trying to catch up. What are we so afraid of'? the EU would be able to meet their wanning has been so thoroughly These detractors also miss the point. Across the Atlantic, Ireland is own targets mandated by the treaty. accepted by the scientific conununity First, withourslringentpollution laws, building generating facilities offshore Only the UK, because of a massive that any discussion should focus solely westi/f produce one quarter of the that convert the ocean's waves into shi ft to natural gas, and Gennany, due on the steps that must be taken to world's greenhouse gases., partly energy. Th.is clean energy could to the closing ofpolluting East Gennan alleviate it. 11 appears, however, that because emissions standards in the See Pro Kyoto ...... Page 13 factories, are anywhere near meeting See Con Kyoto ...... Page 13 Giants ...... From Page 10 baseball. The designated-hitter rule A's ...... From Page 10 surprisingly, theA's responded by Marichial, Willie McCovey, and the (allowing a position player to bat for a Rollie Fingers, had a handlebar assembling the best collection ofyoung "Baby Bull" Orlando Cepeda. Pres­ pilcher in the American League) mustache you could hang a hat on. talent in the league on a laughably ently the Giants have the greatest undennines the strategy ofbaseball. And rumor had it that their owner, meager payroll. Jason Giambi is the player ofthis generation: During the game, the only situational Charlie "0" Finley, was crazy. leam's eldest player at twenty-nine, Bonds .... Bany Bonds. Soon to be the strategy A's fans are faced with ishow The A's responded 10 criticism and his advice on hitting is to "feel founding member ofthe 500 home may $1 tacos to stock up on and by winning three consecutive World sexy" at the plate. Theirdominant runsl500 stolcn bases club (and still whether or not to wash down said Series Championships from 1972 to pitching statTis all under twenty-five. Is the only member ofthe 400 home tacos with a beer. The designated 1974. A proverbial hat trick. They this starting to sound familiar'? runs/400 stolen bases club), Bonds is hitter rule, created to improve ofTen­ won the American League Pennant The point is, that since moving currently on a tear to shatter Mark siveproduction, rea1ly only gives from 1988 to 1990 as well, and pulled to Oakland a mere thirty-three years McGuire's single season home run players who aredefensively-chal­ off yet another World Series title. This ago, the A's have, despite everything, record. Incidentally, McGwire could lenged or on their last limb a chance to was the famed Bay Bridge series, been extraordinary. They have made have possibly broken the record in an stay in the league for acouple more which was temporarily delayed when the playoffs eleven out ofthirty-three A's un.ifonn, but instead, did so for the years, perpetuating the lasting notion the Lorna Prieta earthquake shook the times, won six American League SI. Louis Cardinals as a result of a that baseball players are not good Bay Area approximately twenty Pennants, and four World Series trade which profited the A's a bucket athletes. minutes before game three was to Championships. The Giants, on the of baseballs and a r-.1UNl Fast Pass. Butdon'tworry A's fans. If begin. The A's eventually swept the other hand, since calling San Francisco Anotherreason the Giants' you team does happen to move Giants in the 1989 World Series. home, have yet to make use of a fans have it better that the A's fans outside the Bay Area, there is always Mark McGwire left the A's a trophy case or a jeweler. Maybe they come in the difference in leagues. The plenty ofroom for more Giants fans in few years later, and people said the need a li ttle more advers ity. As an A's National League easily surpasses the this world ....just not at Pacific Bell dynasty was over. They said the A's fan, I can tell you that adversity makes .... American League in the pure quality of Park. couldn't afford another run. Not victory that much sweeter. 12 September 19,2001 HASTINGS LAw NEWS Editorial

methodology used by the magazine, ObVIOUS errors 10 the computatIOn of Ahead of the Curve? question the data's accuracy, and in bar passage rate and failure to control by Michael Dundas, 2L general are skeptical ofthe merit and for regional cost ofliving differences); usefulness of these rankings. Some (3) The effects of chance, multiple ·,0'- Manyedui:~orssayitisabsurd institutidHs have refused to participate interpretations, and systematic biases to think that the intangibles of a gradu­ m Us. News' annual survey and on survey responses (such as whether ate education can be reduced to mere others have proposed various alterna­ respondents are representative of numbers,andtheyareright. But formore tives to their rankings, Schools from those sent surveys and whether than adecade now, u.s. Ne'ws& World Stanford in the West, to Columbia in strategic ratings led to some schools Report has been providmg students and the East have commissioned studies, receivmg a higher or lower rank than their parents a way to assess the most published articles, and directed policy they deserved); (4) The methods US. • important factor in choosing a school: in line with or in outrage against the News used to handle missing data; and academic excellence. Obviously, that is annual publication. Even the Associa­ (5) The use ofvariables that could lead not the only thing to think about when tion of American Law Schools to inappropriate school practices (such selectingaschool. But millions ofpeople (AALS) has cOnmllssioned a report to as schools raising their 'rejection rate' find the magazme's assessments useful. detennine the validity ofthe rankings. mdex by encouraging applications from And it's a measure "fthe seriousness (Note that Dean Kane was inducted students who have virtually no chance with which they're taken that "most" as the President of admission). deans and admissions officers compete oftheAALSthis There fiercely to better their schools' rankings summer.) "There is no way to con­ also are from year to year. struct a system that reflects problems with Do not jump to the conclusion AALSReport the varying strengths and how the 12 that the rankings are superficial and U.S weaknesses in schools, factors are have no realized affect on schools. News and which often have different weighted Changes in a school's US News & World Report objectives and seek to serve because they World Report ranking can affect that uses data on 12 do not really school's admission statistics, according factors to make different populations." carry the to a recent study on undergraduate its annual evalua­ weights U.S. institutions by Cornell Professor of tionoflaw -Dean Kane in a 1997 News says Industrial and Labor Relations Ronald schools. Two of mterview on the theycany. G. Ehrenberg and James Monks of the these factors U.s. News & World Report Moreover, no Consortiwn on Financing Higher (rntingsby Rankings System rationaieis Education. academics and provided for 'We found that ifyou improve ratings by lawyers andjudges) mvolve these weights. The report pomts out, in the rankings you will see more subjective judgments ofschool quality. however, weighting only matters to the students apply, a smaller fraction The other 10 factors are based on few schools that are near an important admitted and a higher yield from the objective actuarial data, such as the cut point, such as being in the top 10, students accepted," Ehrenberg said. school's median LSAT score for 25, or 50. This is so because about "You also have higher average SAT beginning students and its bar passage 9()01o of the overall differences in ranks scores and can get away with giving rate. Statistical analyses ofthe data among schools can be explained solely less financial aid." For example, an that were available to the AALS study by the median LSAT score of their increase m the rankings by one-place revealed that virtually all ofthe differ­ entering classes and essentially all of causes a school's admit rate to de­ ences in theoveralJ rankings among the differences can be explained by the crease by 0.399 percent, its yield to schools could be explained by the combination ofLSAT and academic increase byO.17l percent, and its combination oftwo of the US. News reputationratmgs. Consequently, all of average SAT score to increase by factors. The report listed these factors the Qther 10 factors US. News 2.777 points. as student selectivity(which is driven measures (such as placement of While this specific study by the school's median LSAT score) graduates) have virtually no effect on examined undergraduate institutions, and academic reputation. The other the overall ranks and because of the logical analysis also applies to the ten factors are superfluous. measurement problems, what little law school rankings. 'The major There are many serious influence they do have may lead to reaction we've gotten from administra­ problems with the US. News system reducing rather than increasmg the tors is that they just shake their heads," for evaluating law schools. The prob­ validity ofthe results. Ehrenberg said. 'They're afraid we're lems expressed by the report include right, that changes in the U.S News concerns about: (1) Important aspects BoaU, UCLA and Ibe "Otber" fonnula will actually change institu­ oflaw school quality that are not California Law Scbool... tions." assessed by US. News; (2) The So how should we as Hastings Members of the higher educa­ accuracy of the data Us. News used students take the recent rankings tion community continually debate the to create the index values (such as downfall? Hastings has dropped below See Curve ...... Page 13 Vol.3,lssuel HASTINGS LAw NEWS 13

Curve ...... Frorn Page 12 they are going to have to work out a Pro Kyoto ...... From Page II Con Kyoto ...... From Page 11 thai moves up, however, another plan to make certain our"reputational" eventually power the entire island. the report ofthe death ofscientific school has to move down. ranking does not get tarnished by our Iceland derives two thirds ofits energy debate on this issue has been greatly It comes down to a question declining numbers. Step up recruiting. from hydrocarbon power, and will exaggerated (check out www.oism. ofvalues. In a race, should the runner Engage in self-promotion. Figtll'C out a bum no fossil fuels by 2021 . It is ~foralistofscientistswho be concerned with his task at hand, or way 10 tum around the trends. Involve entirely possible forthe United States feel this issue remains unsettled). The should he be worrying about the other students in the application process. to change its ways. It is simply be­ main point of agreement can be stated runners? Ifhe runs his personal best, Raise admissions standards. How cause too many monstercompanies succinctly, that the global temperature does it matter that others ran faster long will we remain among the top have bloated political clout and too of the earth has increased by 0.6 than him? Ifhe knows he could have twenty-five in the eyes of the academ­ heavy a financial interest in gluttonously degrees Celsius since 1900. Most of run faster, can she be content with her ics and practitioners who rank the burning fossil fuels that we refuse to the increase in temperature occurred finish? These are value questions this schools each year if we cannot sustain join Kyoto. before 1940, and global temperatures student body and this administrntion our numbers? In a 1997 interviewwith Ironically, as the United States actually decreased.between 1940 and has to answer. Are we content iking the Law News, Kane and other stands still while the rest ofthe world 1973. lfgreenhouse gases are truly to the best law school in San Francisco? administrators spoke of specific efforts pushes ahead with the Protocol, many blame for global wanning, then The Bay Area? The State? Ordo we to improve the rankings. Kane stated American companies, whom our shouldn't the increase have been care more about the quality of teach­ that improvements, such as raising president claims he wants 10 protect, greater in the later half ofthe 20th, ing? What about the caliber of the career services funding and implement­ may end up suffering. U.s. companies when emissions were at there highest? students that graduate each year? ing new efforts to improve the bar with facilities overseas will not be The fact remains that the phenomena Hastings is the only major law passage rate, would be evident in the exeJTIpt from the requirements of of global temperature change continues school in the Bay Area that is not in rankings by the following year. She Kyoto; they must still work to reduce to defy explanation. the top 10 ofthe Intellectual Property was right. Hastings did improve over emissions overseas. Meanwhile, U.S. Supporters of Kyoto point ranking. Boalt, Stanford and Santa the next two years. Since 1999, facilities may fall behind the technology consistently to a report published by Clara placed first, seventh and eight in however, ourrankings have dropped cUIVe, eventually necessitating a the Intergovernmental Panel on thenatiqnrespectiveiy.1bisseems each year. scramble to catch up with the rest of Climate Changeon global warming. strange considering cutting edge [P has , Ifthe administration does not the world when further emissions Thepolitical swrunary section trumpets become synonymous with high-tech consider these annual rankings to be reductions are required and renewable the prediction that the temperature of and Hastings (like the other schools) representative of the Hastings pro­ and fossil-free energy is thenonn. the earth will rise between'l and 6 sits on the doorstep to Silicon Valley. gram, then act on that. Ifthe drop in Perhaps companies complying with degrees Celsius over the coming lbis is not so strange when you bar passage rate was an anomaly U.S. pollution requirements at home century, with a mean probability of consider Hastings is not even offering show us that. Do not try 10 explain would want to attempt to gamer some 2.5 degrees. The conclusion of me Intellectual Property this fall. away the rankings with what seems Kyoto pollution credits for their science section, however, strikes an Our bar passage rate has likespincontro\. Take a stand. Send domestic efforts to curb pollution. With entirely different note. "In climate dropped from 90.4% to 78.3%in the Robert Morse (the man at US News in the United States outside Kyoto research and modeling, we should last three years. Some might point out charge of the rankings) a message looking in, companies with foreign recognize that we are dealing with a that the overall state passage rate last telling him to fix his methodology or facilities will receive no credit interna­ coupled non-linear system, and year was only 61 % for first time take a hike. Join the growing number tionally forcurbing domestic pollution. therefore that the prediction of a takers. We are 17% above the state of schools who are refusing to provide Therewill undoubtedly be an specific future climate is notpossible." average, right? It isn't as simple as infonnarion 10 the magazine until the international market for state ofthe art Many ofthe variables aredifficult to that. California allows students from rankings become more representative pollution control technology. The measure, and the models otten employ non-ABA accredited schools to ofthe actual quality ofthe various United States must lead the charge in thousands of variables. With scholarly practice law in this state. The bar programs. Interestingly enough, the pioneering the technology rather than articles raising serious questions about passage rate includes the percentage same 1997 article that showcased shunning it and subsequently buying the connection between gas errllssions ofnon-ABA accredited law students Dean Kane's plans to improve from other nations with more foresight. and climate change appearing in (which was 46.5% last year). A better Hastings rankings quoted a prepared Thetired, bullheaded argument Nature, Climate Research, and the test would be to judge Hastings against statement to the Law News. "There is that we cannot afford to join the rest of Bulletin ofthe American Meteoro­ its peers. Students from California no way to construct a system that the world and the Kyoto Protocol is logical Society in the past few ABA-approved schools had a bar reflects the varying strengths and dead wrong. Ifwe wish to maintain a months, it appears that thedebate is passage rateof74.3%. This puts us weaknesses in schools, which often sustainable earth for our grandchildren, only heating up. only 4% above the state average. have different objeclives and seek to we cannot afford not to join. Unless The grounds for opposing the It seems that there are two serve different populations." we protect ourearth's resources, the Kyoto protocol include the economic options forthe present administration That begs the question, what earth will not continue to sustain cost, the exclusion ofdeveloping to take. First, if the administration is are our objectives? economic growth. Tuesday's tragic nations, scientific uncertainty, and the events proved compassion, patriotism, political impossibilityofgetting the and global unity farmore substantive treaty ratified in the Senate. Freeofthe and ultimately more important than the constraints ofa group of nations that mighty dollar. Ifwe have the desire to never had our best interests at heart, protect the health, sanctity and security the U.S. is free to chart its own of our people, we have the duty to course. The path that we take should inspire humanitywith the profound? be sensible, economically feasible, and Kyoto may not be the ultimate answer, solidly grounded in scientific research. but at least it is a device that places Since Kyoto was none of these, our hearts back in our chest and signing it simply would not have been inspires our minds to think outside of prudent ... at this juncture. our pockets.

VoL 3. Issue I HASTlNGS LAw NEWS SPECIAL EDmON 15 Editorial

Hurry Up Slowly HLN Editorial Boord

It is somewhat comforting to read through our history books and realize the terrible moments that the Uniled States has overcome throughout our past. Our historic leaders and lasting triumphs allow us to look at this past Tuesday's events and realize that wewillnotonlysurvive, wewill thrive. This nation has been forever changed, but we must not accept a change for the worse. President Kennedy's assassination on Nov. 24, I %3, stripped this country of our innocence, and on Sept. 11,2001, our collective soul was left bare. That the firsl was never truly restored should never be used as an excuse for not attempting to recapture the second. A number ofquestions are still to be answered. One of these seemingly impossible questions: how to respond? Presidenl Bush has called this tragedy not only an act ofterrorism, but also "an act of war." Are we ready to go to war? Are we prepared to realize the consequences ofexacting revenge? War involves long drawn out campaigns. Innumerable resources. Devastating casualties. Unpredictable secondary and tertiary effects. And the possibility that American soil becomes a battleground. People of our generalion have yet to truly witness what '\var" means. We have been raised in the era of strategic missile strikes and exit strategies. We watched from our living rooms as our military attacked far away places by pushing buttons on computers. These attacks, many times ineffectual, garnered no more attention than a single report on the evening news. At the beginning ofWorld War II, British Prime Minister Winston Churchill answered a similar question with words that still ring true loday. "You ask, what is our aim? I can answer in one word: It is victory, victory at all costs, victory in spite of all terror, victory however long and hard the road may be; for without victory there is no survival." But a victory against whom? Our President tells us that America "is filled with aquiet, unyielding anger." Yet he reminds us that we were attacked by "an enemy that lives in the How To Help: shadows." Weare atwarwith a faceless enemy. We want to lash out, but doing Rather than fillihis mace with another article the Editorial Board felt it was so on the basis oferroncous infonnation is wrong. But, at the same time, if we imoortant to provide infonnation on how to help out during this national tragedy. are at war, waiting forconcJusive proofis dangerous. On Dec. 7. 1941. Americans knew the identity oftheir attackers. They NY Firefighter's 9-11 Disaster Relief Fund also knew that the aggression was targeted at the armed forces in Pearl Harbor, FireDonations.com is receiving donations on behalf of the New York Fire Fighters 9-11 not against civilians in airplanes and offices. Disaster Relief Fund, with the approval of the Fund's administrator, the Intemational Nevertheless, we know that retaliation is warranted even in the wake of Association of Fire Fighters (IAFF). Contact: Fire Donations Address: 1127 Broadway uncertainty. We are going to war. Suite 102, Tacoma, WA 98402 Phone: 877-863-4783 Second Phone: 253-274-0432 Retaliation, however. cannot be successful without proper intelligence. Red Cross' National Disaster Relief Fund Our "quiet, unyielding anger" must be focused to exact vengeance upon those During this time of national emergency, the American Red Cross is focusing on accepting people who actually carried out these crimes. We must be prepared to sacrifice donations to the National Disaster RetiefFund. Your donation will help the Red Cross and be willing to sustain a long drawn-out conflict. respond to the needs of those directly and indirectly affected by this nationwide emer­ gency and other disasters. Todonatecalll-800-HELP·NOW Finally. every action that we take in the coming days and months must To give blood caU t-800-Give-Life come with the assurance that our government and our military will not sacrifice the liberties that make this country great. As a nation. we musl zealously protect Salvation Army's Disaster Relief Efforts our racial, religious. and social freedoms. "The Salvation Army's response to this grim cri sis and to the anguish and pain of Americans is made possible by a powerful national network," said Salvation Anny What President Franklin D. Roosevelt said whcn he called Dec. 7 "a National Commander, Commissioner John Busby. "The Salvation Anny has a center of date which will live in infamy," applies today just as well: "Always will we operation in nearly every city in this country and each is fu lly mobilized and on alen to remember the character of the onslaught against us. No matter how long it may help all affeded by this act of terror _ both physically and emotionally, now and in the take us to overcome this premeditated invasion, the American people in their days locome." Call 1-800 SAL-ARMY righteOus might, will win through to absolute victory. I believe I interpret the will United Way and The September 11 th Fund of the Congress and ofthe people when I assert that we will not only defend This is the national fundrasing effon created by a collaboration of United Way, the New ourselves fo the uttennost, but will make very certain that this fonn of treachery York Community Trust and the Council on Foundations. Your contribution will be used to shall never endanger us again." mobilize resources to respond 10 the urgent needs of victims and their families affected by In making certain that this treachery will never endanger us again, these attacks. You may specify which city you would like your donalion directed to. Please nOle. 100"10 of your contribution will be used to suppon needed services for victims America must grieve for the 10SI, lend 10 the wounded, rebui ld our landmarks, and their families. United Way and The New York Community Trust are underwriting al1 and recommit itselfto the ideals that have built us into the greatest nation in the adminisuative costs. To donate by telephone - 1-800-710-8002 world. ea . rom ron age WI a reco nu Ion Is, SInCe u y. ote: came og er. usmesses m ew 0 Slowly but surely people all over the country As we went to press 155,819donors have given reopen. Recovery crews and cranes continued towg attempted to return to their normal lives. Buildings $5,928,616 to the Red Cross through Amazon.) through the estimated 450,000 tons ofdebris from were back open. People returned to work. Children We woke on Thursday morning to hear the two II O-story twin towers. Mayor Giuliani returned to school. A small gas station owner in New York Mayor Rudi Guiliani give us the first announced that 5,073 people were now missing. Oklahoma, who raised his prices to $5.OOIga11on the official numberon the losses sustained in Tuesday's Funerals for the New York City firefightcn day before, was asking for forgiveness and simulta­ attack: 4763 missing persons in New York City. The were held, as people from as far away as Michigan neouslyoffering refunds. list included people on the planes, people identified continued to show up to volunteer. In fact, the Blood banks all over the country continued by family members and information from businesses numberofvolunteers from in and out of the city was to overi1owwith volunteers donating blood. "I located in the Trade Center, the mayor said. so overwhelming that the American Red Cross and couldn't watch anymorescenesofdisaster.ljust However, a renewed sense of hope swept city officials said they could not accept any more. had to do something, however small," said East Bay through exhausted rescue teams in the ruins ofNew In a special edition of"60 Minutes" Sunday resident Alice Roepke in an interview with the York's financial district after reports that five night, Andy Rooney ended the show with his take on Oakland Tribune. "I didn't expect the line, but it's firefighters had been pulled alive from the wreckage. the world around us. This week, his words hit that gratifying to see this many people out here." Congress' aid package was passed at $40 much closer to the heart. "I have often thought of America's allies in Europe adopted a decla­ billion, double the amount pledged the day before. how strange it is that it took something so terrible as ration invoking Article V ofthe NATO charter. This And the Federal ReSeJVe announced Thursday that WW II to bring out the best in Americans. We declares that an a terrorist attack against the United $50 billion will be made available to European banks worked harder and did more good things from 1942 States should be considered an attack on all mem­ to help them meet emergency withdrawal needs. to 1945 than ever before or ever since. If this attack bers ofNATO. "At the moment this is an act of Airports began to open. Slowly and me­ produces that same feeling oftogethemess - in this solidarity," NATO-Secretary General Lord thodically flights began to resume. The NFL and generation - and there is evidence it is doing that, Robertson said. It was the first time this article has NCAA announced that all major football events that will not have been all bad. Tom Brokaw's been invoked in the history of the alliance. 'The would be postponed. Major League Baseball 'Greatest Generation' will have to make room for parties will take such action as it deems necessary, postponed games through Sunday. Commissioner another." including anned force:' Robertson told a news Bud Selig said that players will wear U.S. flags on And finally, in a symbolically charged cer­ conference. "An attack on one is an attack on all." their uniforms for the remainder ofthe season. emony, Monday morning, representatives ofNew Wednesday also brought political action Friday morning brought more news from York's police and fire departments rang the NYSE's from Washington D.C.In what has been a topic of Washington. An outraged U.S. Congress authorized opening bell at 9:33 a.m., after two minutes of heated debate over the past few weeks, Congress President Bush to use "all necessary and appropriate silence to honor the victims, as they was suddenly united on whether to tap into the force" against those responsible for the deadliest "God Bless America." Amen". "'ea"n.,,,, Social Security surpluses. "Protecting Social Secu­ terror attack on U.S. soil. "I am gratified that the rity must take a back seat to protecting the nation's Congress has united so powerfully by taking this security," thechainnan said. action. It sends a clear message - our people are As the day came to a close, new signs of together and we will prevail," Bush said in a state­ hope began to appear. The fire that had been ment issued by the White House. Short of a fonnal burning in the roof of the Pentagon for almost 36 declaration ofwar, the resolution gives Bush the hours was finally oul. Death toll estimates at the green light to strike at individuals as well as nations Pentagon were lowered from 800 to around 200 that "aided" the hijackers. missing defense workers. Survivors continued to be Friday was officially declared a day of pulled from the Trade Center wreckage. prayer and remembrance. Across the country, Web site operators like online retail giant prayer services and vigils were held to come to­ Amazon.com set up virtual donation baskets to gether and remember the lost. A service held in collect reliefftmds. At 6:00pm (PDT) Wednesday, Washington's National Cathedral, heard sennons the counter on the Amazon web page showed from Muslin, Jewish, and Christian religious leaders. 49,189 donations totaling $ 1,498,584.09. Such The service was attended by President Bush and efforts are helping pick up the slack from the Red former Presidents Clinton, Bush, Carter and Ford. Cross 's main Web site, which has been swamped The weekend arrived. Familiesand friends