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the commentatorThe Student Newspaper of the New York University School of Law Volume XLV, Number 6 November 28, 2011

NYU Law SLAP Football DHL Takes SLAP Football Championship Top Seven Final Standings With Victory Over Back That Pass Up Team Record Point Differential Per Game Goal-Line Stand Clinches Tourney Finale; Captain Cites DHL 8-0-0 24.8 Back That Pass Up 7-0-0 17.5 Team Effort and Female Participation As Keys to Season Cunning Litigants 7-1-0 11.8 Amistad/Cade’s Cadets 6-1-0 12.4 By Sh o u a n Ri a h i ’12 That Pass Up” found themselves more than the other guy, plain Actus Rectum 6-1-0 7.6 Co n t r i b u t i n g Wr i t e r down by four points with less and simple. Legislative Safety Word 6-2-0 6.4 Last Friday, the NYU than a minute on the clock and SR: Who do you think made In re Diculous 5-2-0 7.2 SLAP football program held the ball in their hands with the the biggest difference out there its championship round. After opportunity to win the game. on the field today? two closely contested semi-final “Back That Pass Up” showed TM: It was really a team ef- New Book Offers Law games, experienced prevailed their ingenuity when they drew fort, everyone did their part and over youth as 3L team “DHL” “DHL’s” talented but inexperi- stepped up when they needed matched up against fellow 3L enced defensive lineman Maya to. The other teams understood team “Back That Pass Up” in Prokupets ’12 offsides with a that our defense was predicated School Exam Success Tips the championship game. “DHL” fake snap count on fourth and on the pass rush and they did a By w i l l br e w e r ’14 to a website filled with study got off to a quick start, scoring one to gain a new set of downs. good job neutralizing it by send- St a f f Wr i t e r aids, outlines, and other ma- 16 unanswered points on two “DHL’s” defense tightened up ing out offensive linemen into Barry Friedman, a law profes- terials. Aside from the book, deep balls from quarterback in the red zone, however, deny- the flats and playing with mobile sor here at NYU Law, and John students can also buy access to Daniel Bromwich ’12 to wide ing “Back That Pass Up” on quarterbacks. We really forced Goldberg, a professor at Harvard a suite of practice exams with receiver Zachary Levin ’12. their first three opportunities all of our defensive linemen Law, recently released a new book actual feedback from profes- “Back That Pass Up” refused and coming inches away from to play in different positions that should be of interest to 1Ls sors, including model answers (and perhaps some 2 and 3Ls): and graded student exams. Open Book: Succeeding on Ex- So far, the book has re- ams from the First Day of Law ceived very positive reviews SLAP Playoff Bracket School. from faculty and students alike. Based partly on Friedman’s You can go to the website “pinball theory of exam taking,” openbooklaw.com to view the two professors decided to write some sample video clips that DHL the book when a student remarked provide some helpful hints, as Actus Rectum DHL (23-20) that the approach was both novel well as reviews for the book Amistad (18-12) and helpful in preparing for exams itself. Dissimilar from purchas- Amistad / Cade’s Cadets for a 1L that really has no idea what ing commercial outlines and DHL (14-13) to expect. Although many test aids, this book is intended to Legislative Safety Word prep authors would like students to provide the tools, devoid of Cunning Litigants (23-14) believe otherwise, law school exam substantive doctrine, for exam Cunning Litigants Back That Pass Up (18-14) taking is really not rocket science, taking. As scared 1Ls prepare Back That Pass Up says Friedman. In his book, he lays for their first round of exams, out what he says are simple strate- this book will likely provide gies for success. some confidence and peace The book comes with access of mind. to go down easily and scored intercepting one of them. With today and they did a great job a touchdown in the closing 30 seconds left in the game, adjusting. seconds of the first half, aided “Back That Pass Up’s” last ditch SR: What advice would you primarily by a mismatch in the effort on fourth and goal sailed have for younger students look- secondary as “DHL” matched high and “DHL” celebrated ing to win a championship of 5’6” Trevor Mauck ’12 on “Back their first flag football champi- their own? That Pass Up’s” ridiculously onship in three years. I caught TM: Girls are the key to tall Milad Sedeh ’12. Unfortu- up with captain Trevor Mauck, victory in SLAP football. If you nately, “Back That Pass Up” after the game: can find girls who are willing to was unable to convert on their SR: Trevor, you just won the get physical, rush the passer and two-point conversion and the NYU SLAP Football League, can catch out of the backfield, it score at halftime was 16-6 in how do you feel? will open everything up for you favor of “DHL.” “Back That TM: Absolutely amazing. going forward. Pass Up” started the second half We came tantalizingly close our SR: I think that’s great with the ball and scored again first two years and it would have advice. What are you going to on a deep ball to Sedeh over really hurt to come this close do now? Mauck. After that touchdown, again without bringing home TM: I’m going to Disney- “DHL” changed their defensive the hardware. world!!! strategy placing 6’1” Bromwich SR: I understand you played Mauck also thanked Ken- on Sedeh, which slowed down the entire game on a severely neth Adler, Benjamin Bartz, and “Back That Pass Up’s” offense. twisted ankle, what motivated Taylor Freeman for putting the After trading blows on two nor- you to play through the pain? season together and Barbri for mally staunch defenses, “Back TM: Heart. I wanted it financial support. If this if how you feel studying for and taking exams, a new book from E-Books Are Easy ... And Exciting page 2 Professor Barry Fried- man might be for you. Library Seduction for Dummies page 3

Infra Best Films of 2011 pages 3,4 Page 2 Editorialsc November 28, 2011 The Case For Kindles: Covert Game of Thrones Enjoyment

By Le i g h t o n De l l i n g e r ’12 See the bit later on about my think a Kindle is dumb because going to integrate Ed i t o r -i n -Ch i e f new obsession with sci-fi.) (Also it doesn’t even have headphones some ebooks in Remember 1L year when note: I know you read The Com- but if it did, they wouldn’t be the mix. Which the Office of Career Services mentator because you blew up my white and anyone wearing them books have I ban- made us meet with them to spot at Tea Spot and now I have wouldn’t automatically look like a ished to my Kindle revise our resumes? I met with and which do I Irene Dorzback and she told continue to accu- me to take “reading” out of my mulate so my dust interest section. “All law students has somewhere to like to read. That’s why you’re sit and my shelf here.” Turns out, she was right. wo n’t l o o k s o Which is why I have a plea for omment lonely? all my friends in law school: Get The Eager Reader Coffee-prone a Kindle. You won’t regret it. c books are officially They’re basically made for us. Kindle-d — that’s I sense your resistance to this all books that new-fangled contraption. (Ed. would ordinarily Note: I can sense your emotions travel in my purse days after this editorial has gone lost my favorite quiet study place shadow dancing on a monochro- with me, including to print and you are reading it to a swarm of loyal Commentator matic geometric shape. Instead, my train reading. in the safety of your own home. readers. I am equally livid and they would be boring grey and The Kindle has We are connected through paper. proud of this.) I know what you would look like a boring these nifty little you’re thinking, law student listening to a boring side buttons that it’s not hipster audio book that you got for free turn the pages so to read on an from Audible.com while you I have officially electronic de- walked to boring school. retired my morn- vice that wasn’t Not so boring now, huh? ing balancing act: christened by You saw the word “free” and (reading left side S t e ve Jo b s. you freaked. You immediately of the page), cof- You want to thought of Thai food or cup- fee in right hand, get an old pa- cakes and wondered how quickly book left hand, perback from a you could get to Golding to grab (finish page), cof- hostel because a bite. Well, law student, not all fee in elbow crook, that somehow wonderful free things make you book-with-cover- makes the ex- fat. Some of them make you fun. folded-back in perience of (That includes audio books. No- right hand, coffee reading more tice now that we’re functioning left hand, (finally Coffee spills are no longer a problem for Leighton. authentic. You in a law school-only definition reading right hand of “fun” where a collection of side of the page audio books makes you cooler … inevitably and and casual references to leisure tragically finish reading are welcome cocktail- right page), coffee Hide your sci-fi guilty pleasures with a Kindle. the hour conversation.) into armpit crook, commentator Ok, so back to why you oops spilled coffee on my suit never look even close to sassy The Student Newspaper of the New York University School of Law should get a Kindle — first, and in my shoe? Why always in engrossed in a 1,000-page tome Editors-in-Chief audio books. Second, you don’t my shoe?, rebalance coffee in of science fiction, borderline- Leighton Dellinger ’12 have to let go of your smelly other armpit crook, rebalance pornographic, mostly-misogy- and obsession with used and found body after an unfortunate train nistic fantasy … awesomeness. Terra Judge ’12 paperbacks. I struggled with this lurch, turn page, book success- I love Game of Thrones. I just one at first. I love books. Real, fully back in left hand, coffee in also want to keep up the charade actual books. I love the feel of right hand. Repeat. Whew. when I run into a professor at Managing Editor them and the way you can tell Now I hold my coffee in one Think — if he asks, I’m catch- Matthew Kelly ’13 the publishers sometimes make hand (either hand, in fact) and my ing up on my New Yorker sub- the pages look like what you’re Kindle in the other. I turn the scription (only $3 a month for a Staff Editors reading. (Remember the empty pages with just my thumb. I no Kindle subscription). Or, if I’m Hannah Baker ’13 pages in The Road? And the longer have coffee in my shoes. really stretching it, reading the ar- Thomas Prieto ’13 distinctive handwriting in Harry The other books I’ve Kin- ticles he assigned for class. Psych. Grant Tse ’14 Potter?) And the way you can … dle-d are my embarrassing ones. I’m leisure reading and dragons always manage to spill coffee on See, e.g., the four-book bundle of are real and the Lannisters are Staff Writers a brand-new hard cover? So I Game of Thrones. I don’t gener- up to their shenanigans again so Farrell Brody ’12 decided to keep my books. And ally look sassy (Remember the I’ve reallllllly got to get back to Ryan Kairalla ’12 keep buying new books. But I’m coffee? In my shoes?) but I will my Kindle.

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

The Commentator serves as a forum for news, opinions and ideas of members of the Law School community. The Editorial Board consists of the Editor-in-Chief and the Managing Editor. Only editorials and policies developed by the Editorial Board reflect the opinion of the Editorial Board. All other opinions expressed are those of the author and not necessarily those of The Commentator. The Commentator is issued on alternate Wednesdays during the academic year except during vacations and examination periods. Advertising rates are available on request. Subscriptions are also available at a rate of $15 per year. Letters to the Editor should be sent to the following address, either on paper or via e-mail. All submissions become property of The Commentator. 240 Mercer Street New York, NY 10012 212.998.6080 (phone) [email protected] Even with a new-age Kindle, you can retain the romanticism of Old World literature. November 28, 2011 Arts/Opinionc Page 3 Truth’s Guide to Hitting on Random Strangers at the Library

By Tr u t h Ba d e r Gi n sb e r g him in action in the library derstand if his advice seems in- a conversation. Outline fonts of your plight to your benefit. before. His advice in this situ- timidating. But it’s actually quite and formats! Famous SCOTUS You’ve got such an easy ac- Dear Truth, ation: “Flash a smile. And eye imminently followable. Think dissents! The protein selections cess point here! You’re sitting contact; delayed eye contact is of the law library as if it were in Golding! Okay, not these. But across from this person for a I was studying in the library the key. Play it cool, but every once the friendliest bar you’ve ever you know. Other stuff. few hours, both of you staring other day, and I found myself sitting in a while, catch her eye, then go been to. The odds are stacked Third, you’re both work- at the same Word and Gmail across from this really cute girl. I back to working. At some point, in your favor in ways they just ing hard, and sitting still in one interfaces long enough to go have no idea who she aren’t else- is; I’ve never seen her where. First, around before. 1L? “Flash a smile. And eye contact; nobody is re- 2L? LLM? Single? delayed eye contact is key. Play it ally expect- Not a clue. This girl ing you to hit could be engaged for cool, but every once in a while, on them, and all I know. But I was thus it will be omment really intrigued, and “catch her eye, then go back to rare to find Habeas Coitus with we kept catching eyes. someone with c I wanted to talk to working. At some point, crack their guard Truth Bader Ginsberg her but had no idea up; you’re not if that’s even accept- a joke about her reading assign- going to run able, let alone how into many to go about doing it. ment and how exciting she makes cold shoul- place for a prolonged period of crazy. If you’re bored, thirsty, Maybe I’ll never see it seem...” ders. Have time. This lovely lady actually or hungry, this chickie probably her around again, but you ever flat- has an incentive NOT to ignore is as well. So if you go grab a even if it’s just for fu- ” out ignored you, because even if she has no coffee, ask her if she wants ture reference — how or rebuffed interest in you or has a boyfriend anything or offer to bring her do I hit on a random stranger in the crack a joke about her reading a fellow student’s attempts at of eight years or whatever, you a cup. Or if you’re there late law library? assignment and how exciting friendly conversation? No, you provide a respite from work. and feeling really bold, see if she makes it seem. [Ed. Note: at least say hello. Second, you Even the most random of intro- she wants to get a beer before A fellow 3L friend of mine Awesome. Pure awesome.] Then have a lot of common interests ductions will provide a welcome calling it a night. The library is one of the most confident introduce yourself when you here that you might not have study break. She’s attached? Big should enable more confidence men I know. We’re talking the leave, and ask for her name. If with people in the bar. And deal. Worst thing that happens is than some random bar does. My type of dude who stops mod- you’re feeling extra bold, give especially in this very moment, you have a new person to greet dear diligent peers, you’ve been els on the street, asks for their her your number on a piece of there’s a lot of potential small on the Vanderbilt stairs between given an opportunity here. So phone number, and ... gets the paper when you leave.” talk to make — a veritable classes. turn on that swagger and take digits. Real ones. I’ve witnessed This guy is an expert, so I un- plethora of ways to strike up So use the commonality advantage of it. Olsen Sister Recuperates from Cult in “

By Ha n n a h Ba k e r St a f f Ed i t o r “Martha Marcy May Mar- lene,” the first full-length film from director and writer Sean Durkin, follows Elizabeth Ol- sen’s variously-named Martha in two inter-cut timelines. In the present, Martha has just escaped from an isolated and insular cult in the Catskills and is recuperating in the similarly isolated Connecticut vacation home of her sister Lucy () and brother-in-law Ted (). In the past, we see Martha’s experiences in the commune-like cult, led by ’s charismatic leader Patrick. But the genius of the movie is that, while the viewers are able to think of Martha’s experiences in this way — that she falls under the spell of a cult, escapes, and tries to reacclimatize to society — none of the characters even come close to framing Martha’s story in the same way the view- ers do. Martha is unwilling or has many names in the compelling and unsettling “Martha Marcy May Marlene.” unable to speak about the past to Lucy and Tim, whose closest same narrative that the viewers that each women in the cult is and is relaxing with a glass of generally fairly clear (with the guess to the truth is that Martha experience. unknowingly given before her wine. Without asking, he takes exception of one eerie scene has left an abusive boyfriend. The movie also complicates “special night” with Patrick. her wineglass and sips from it near the end) on what’s real and Martha herself, though she is the viewers’ expectations, how- The women in the cult share — a gesture showing intimacy, what’s not. Martha herself may plainly terrified of returning to ever, by hinting at the many sim- clothes, all dressing from the but also, in the context of the be losing her grip on reality, but the farmhouse where she lived ilarities between Lucy and Ted’s same rack of dresses and faded past scenes, a hint of a power there is no hint that her memo- for two years, remains seem- world of glamorous careers and t-shirts. Lucy lovingly bullies struggle. The editing supports ries of the cult are anything but ingly unable to think of the cult too-big weekend mansions and Martha into donning one of her the parallels — the movie cuts accurate. The movie’s rejection from an outside perspective. the sinister controlling world dresses, to replace the ragged effortlessly between the two of such easy ambiguity makes Still accepting Patrick’s vaguely of the cult. Both timelines take clothes she’s brought with her. timelines, a single gesture or the lines it does draw between Buddhist views on life, and her place in isolated rural locations After Martha flees from the movement often beginning in Martha’s time in the cult and increasingly odd behavior that near lakes and lush green woods. cult, ’s lower-level the present timeline and ending her time with her sister all shows how the cult has changed Both involve people telling member tracks her down in a in the past. the more compelling. “Martha her, Martha sometimes seems Martha that she must find her diner, where he menacingly as- Contrary to much of the Marcy May Marlene” makes the silent because she has no way to role in life. When Martha has serts power over her by taking discussion surrounding the film, viewer uneasy, all the way to the conceptualize her experiences. a hysterical fit of screaming a bite from her burger. In the which focuses on the supposed deeply unsettling ending. But it No one in the film says the word during a party, Lucy gives her a next scene, Ted meets Lucy, who merging of memory, dream, and is absolutely a movie that you “cult.” No one has access to the sleeping pill — recalling the pill has just tracked Martha down reality, the movie’s narrative is should watch. Page 4 Artsc November 28, 2011 The State of Cinema: The Best of 2011 From Both Sides of Atlantic “The Tree of Life,” “Mysteries of Lisbon” Take Top Honors as The Commentator’s Best Films fall off-camera, but the scene is can make sense of some things by not over. They remain off-camera putting minor details together, but for but a few seconds. Angela the film purposefully lacks major scared and unsure of what they details. For instance, we know that are doing backs away from João’s Jack’s father smokes, despite the father. He stands up and the music fact that we never see him smok- becomes even more fraught with ing, because at one point he asks danger as the two lovers give in his son for a lighter, which he to desire. places on a desk next to a pack In many ways, “Mysteries of of cigarettes. Lisbon” is a film about the way It is this focus on the small fiction works. Toward the end of details that makes “The Tree of the film, João becomes aware of Life” a dazzling and unique mo- all the love triangles, vendettas, tion picture. This focus on detail and coincidences that have shaped mimics the way the human mind his life. He begins to wonder if remembers the past. Sure, we there is any reason to exist when remember the major events, but his life is but the product of an often it is those small moments absurdly orderly world and all the that have etched themselves in mysteries have been revealed. As our mind. Jack remembers the film critic Ignatiy Vishnevetsky DDT truck that sprayed all the put it, “if it were real, the neatness children as they were playing on of fiction could drive a man to the porch; the incredibly private despair.” João travels the globe in and embarrassing moment when an attempt to escape the neatness he stole the neighbor’s negligee; of fiction and ends up in a room and the Toscanini music his father that is identical to his bedroom as played as he and his brothers ran a child. However, before the film around the house causing trouble. closes, one more mystery is pre- We are left to unconsciously piece sented: the unsolvable ending. together some of the larger de- In “The Tree of Life” the tails. Malick keeps this from being contemporary world seems to be a strenuous activity by littering the comprised of tall steel and glass film with so many details that our buildings, men in couture suits, brains can’t help but put things and an abundance of cell phones. together. However, it is Malick’s ideas about “The Tree of Life” elevates a what the past, or more specifically family chamber drama to a cosmic the past as seen from the present, scale. This, in part, is done by is like that are more interesting. framing the story of Jack’s family The past of Jack (Sean Penn and as a creation myth. Near the be- Hunter McCracken), an architect ginning of the film, Malick takes in the present, but merely a child 15 minutes away from the main for most of the film, is partially narrative to show the creation of seen through the lens of “Oedi- his universe. We are witness to pus Rex.” Jack’s mother (Jessica among other things, the birth of Brad Pitt plays a frustrated and harsh father in “The Tree of Life.” Chastain) appears like a fairy tale the sun and what may be the first goddess. She can literally glide act of compassion. These grand through the air and is once de- moments are reflected in the By Th o m a s Pr i e t o ’13 child who lives in a boarding undoubtedly the most technically picted within a glass casket like the stray, fleeting moments the film St a f f Ed i t o r school run by Father Denis (the accomplished film of the year. For one found in “Snow White.” captures so well like the majestic As this is my last column of incredible Adriano Luz). After instance, Ruiz is able to condense Jack sees his father (Brad Pitt) scene in which Jack and his broth- the year, I have decided to spend suffering a seizure, João is visited all the feelings of a relationship as the villain of this fairytale. As ers chase their mother through the it discussing what may perhaps by a woman that appears to be fraught with forbidden love into his business ideas continue to fail, house while holding a lizard. The be the best American film of the his mother. It is revealed that one spectacular scene (available Jack’s father becomes increasingly pattern the film follows in editing year, Terrence Malick’s “The Tree the woman, a member of the on the Apple Trailers website). frustrated and begins to take it between these moments is not of Life,” and what may be the best aristocracy, is his mother, but João’s father is shown sitting on out on his family. Although Jack’s initially apparent (it is certainly not European film to be released in that her husband is not his fa- the floor next to his love, Angela father is responsible for some ter- chronological), but it is clear that the United States this year, Raúl ther. Other seemingly peripheral de Lima. Both have the sorts of rifying and truly nerve-wracking there is an underlying logic. It is Ruiz’s “Mysteries of Lisbon.” characters like the pirate Alberto giggly expressions common of scenes, he is not just some sort going somewhere. Malick brings Ruiz, who died in August at de Magalhães (the charismatic new couples. In a voiceover he of all-purpose villain. Jack’s father all his characters together for what age 70, has long gone underap- Ricardo Pereira), and the French explains that Angela began to cares very much about his chil- must follow every creation myth: preciated, despite being extremely widow Elisa de Montfort (Clotilde receive him at her home while dren and gave up a career as an an apocalypse. prolific and one of the best Hesme), play crucial roles in João’s her disapproving father was away. artist in order to help provide for filmmakers of his Suddenly, one his family; or at least that’s what I “The Tree of Life” is available generation. Ruiz of the maids think. Honestly, I’m not quite sure on Blu-ray and DVD. “Mysteries of directed over 110 knocks on the because “The Tree of Life” isn’t Lisbon will be released on December 20 films in his career mostly glass explicit about big moments. We on Blu-ray and DVD. and he still had door behind more stories to them and tell as is evidenced omment warns them by the four-and-a- c The Man With a Name that Angela’s half-hour-long, yet father is ar- never dull, “Mys- riving. João’s teries of Lisbon.” father quickly Ruiz creates a dense runs away as and rich world full of princely life and are given just as much his- tense classical music begins to orphans, identity-shifting priests, tory as the seemingly principal play. João’s father explains that and drunken thieves through character. The film structurally while at first their meetings were what can only be described as the embraces this revelatory plot by pure and fraternal, the veil of in- most epic usage of the flashback using intricate camera movements nocence soon began to pass. As in film history. There are flash- (sometimes going so far as to he explains this, João’s father re- backs-within-flashbacks-within- move through walls!) to hide and enters the room. The music stops. flashbacks in this film. reveal twists and secrets. He walks toward Angela with a Most of what occurs in the The camera in this film is flu- passionate look on his face. She film is in some way related to João id and the orchestration of move- leans in and they kiss. The music (João Luís Arrais), an orphaned ment so masterful, that this is begins anew and the two lovers Although 270 minutes long, “Mysteries of Lisbon” is never dull.