The Fairness Happy New Health Advocacy Doctrine, debated Valentine’s Law Clinic Day! Political Broadside C-M offers students yet columnists Kevin Kovach Find out if your another opportunity to and George Sakellakis go sweetheart sent you get the experience they toe-to-toe on a hot topic. a message in our need in an ever-changing special section. job market.

POLITICS, PAGE 5 OPINION, PAGE 7 LAW, PAGE 3 THE GAVEL VOLUME 57, ISSUE 4, FEBRUARY 2009 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW M o o t C o u r t International L a w T e a m d o m i n a t e s Atlantic region

By Rick Ferrara CO-EDITOR IN CHIEF

Danja Therecka had just finished telling her husband that the International Moot Court competition trophies were globes, set atop pedestals. He asked if she got one, and she proudly replied, “We got them all!” This past week, Therecka and her teammates, Carrie Lewine and April Ste- phenson, won the championship in the Atlantic Round in the International Envi- ronmental Moot Court Competition at the University of Maryland. The team was able to capture every globe-trophy offered at the competition – one for best brief, and one for the winning oral argument. From left: Danja Therecka, Carrie Lewine, and April Stephenson; champions of the Atlantic Region of the International Environmental Moot Court Teams from twelve law schools in Competition. Photos left and center courtesy of the University of Maryland. Photo right by Rick Ferrara. the U.S. and Canada participated in the competition, arguing a hypothetical case who had prepared the same argument and before the International Court of Justice. planned to split time with Stephenson in As Barrister’s Ball approaches, The C-M team successfully argued their court, would take over the role completely. case concerning one country’s seizure Lewine and Therecka sent her text mes- SBA planning falls into place of another country’s fishing boat, alleg- sages throughout the weekend, and Ste- edly overfishing krill in Antarctic waters. phenson often replied with encouraging By Tara Chandler this, notes that their role is significantly STAFF WRITER But the victory did not come without its comments to the team for oral arguments. smaller in comparison to the students in difficulties. One week before the competi- The competition, after all, placed heavy attendance. As he puts it, while mak- tion would take place, April found herself weight on the quality of competitor’s This year, the SBA has taken a fresh ing a strong showing, the alumni are feeling sick. She checked in with the CSU presentation in court. While teams were approach to the annual Barrister’s Ball. still “conscious to not overwhelm or in- health center on Monday and was immedi- required to write a brief, it was calculated First, the basic details: the event will trude the students with their attendance.” ately referred to an emergency room, X-rays as only 1/3 the total score of the round be held on Saturday, March 7 at 6:30 The event is also affectionately dubbed were taken, and by Wednesday she was they would argue. The remainder of pm, at the Marriott Hotel in Key Tower. “Law School Prom” by both current and informed she had bronchitis. The doctors the team’s score would come from how To go along with the more formal loca- past students (think high school cafeteria, told her it was a precursor to pneumonia. well the team presented their arguments. tion, the committee has also approved a lockers…there are some eerie similari- “I was in bed the entire weekend of Lewine and Therecka were comfortable 1930’s/Old Hollywood red carpet theme. ties). However, Hazkial also comments the competition,” Stephenson recalled in in this role and comfortable with the com- Guests are encouraged to wear black and that some alumni remember Barrister’s as a recent interview with team. Therecka, See Moot Court, page 2 white attire to further this more glamor- a black tie event. With this in mind, Vice ous theme than in years past. (Note that President of Programming, Allison Taller while you will likely not be kicked out and the event committee, comprised of of the venue for a splash of color, the SBA senators, made the conscious deci- committee is requesting everyone par- sion to tour possible venues this year and ticipate to assure the theme is pulled off). raise the bar for a classier, dressy event. The event is traditionally held in the One of these senators, Jeffrey M. Je- spring so as not to conflict with finals rome, recalls narrowing the field of themes preparation and/or a lack of funds post down to five or so choices. From these spring break. Prior Barrister’s have been choices the committee had a hard time held at well known landmarks of down- choosing just one, and so decided to com- town Cleveland, including Cleveland bine the dressier Black and White Ball and Brown’s Stadium (sorry boys, looks like Old Hollywood Red Carpet themes, which you missed it!), the Old Courthouse, effectively play off of each other well. Palace Theatre, and more recently the This year the committee has also Hyatt Arcade and Windows on the River. added a new element. When purchas- It has always been considered a formal ing tickets students will be able to fill event, although it has become more lax out a ballot, nominating fellow stu- over the years. The SBA takes pride in dents for some fairly unique categories. including significant aspects of Cleve- This ballot includes options such as, land in the event, such as the location, Who will be a reality tv star?; Who is most and as such faculty and alumni are en- likely to be on a billboard?; Who will have couraged to join the current students. their life made into a biography?; and, the 3L Mike Gonzales sits with his Little Brother, Cordell, at a recent Big Brothers, Big Sisters event. SBA President Elias Hazkial, realizing sure to be popular - Most likely to defend Photo by Regina Fisher that some students may feel uneasy with See Barrister’s, page 6 THE GAVEL Page Law 2 February 2009 Hone your advocacy skills at C-M Moot Court team takes C- to become an effective practitioner M to top sixteen in nation By Geoffrey Mearns By Rick Ferrara substantive and procedural doctrine, and CO-EDITOR IN CHIEF that the competition was only going to get how these come together at trial. Perhaps as better. Reich knew he and Modic had to leave important, you can develop self confidence One of the ways in which we prepare Continuing what has been an im- it all on the table in the sweet sixteen round and the ability to evaluate the strengths and you to serve clients is to teach you how pressive year for the C-M Moot Court against the University of Pennsylvania. weaknesses of a case and to create winning to be an effective advocate. To become program, the Nationals team ranked “We all felt great about the round, and the trial strategies. The program also sponsors a successful advocate, you practice. You in the top sixteen in the country. opposing team thought we did good. Calli two competitive trial teams that have distin- will gain that practice and the necessary The team, consisting of Alex Reich, and I felt strong about our performance, but it guished themselves locally and nationally. communication skills in our legal writing Megan Miller, and McAllister Mod- turned out the judges disagreed,” Reich said. In the next few years, all our advo- program and through experiential courses ic had recently won the Midwest Re- Ultimately, the University of Pennsylva- cacy programs will be greatly enhanced such as our moot court program, our ex- gion Championship to secure a bid nia would put an end to C-M team’s undefeat- ternships, our clinics, and by a technologically sophisticated trial in the final rounds in New York City. ed streak, and end their chances to advance our trial advocacy program. courtroom. Located on the ground floor The final rounds of the competition, to the “great eight” round of the tournament. All of these programs offer immediately adjacent to the new clinic run by the New York City Bar Asso- Although the tournament ended ear- opportunities to develop offices, it will be a place for the school’s ciation and co-sponsored by the American lier than they would have liked, the C- the listening and commu- mock trial teams to prepare for competitions College of Trial Lawyers, featured the M team had an impressive run. The and for new attorneys and trial attorneys top 28 teams from around the nation. top sixteen finish is the first such re- The nication skills that are es- sential to strong advocacy. to rehearse their arguments in a venue that Again, the C-M hopefuls performed turn to the national stage since 2005. Dean’s Our moot court pro- simulates an actual courtroom—complete solidly in the preliminary rounds, success- C-M conquered six different schools in Column gram has an exception- with judge’s bench and chambers, jury fully defending their undefeated record seven rounds on its campaign, including al, 35-year history of box and deliberation room, witness stand, against Suffolk University and George Ohio State University, Wayne State, Suffolk success in national competitions. You a visitors’ gallery and all the elements Washington University law schools. University, George Washington University, are carrying on that winning tradition. of modern trial presentation technology. Reich, Miller, and Modic had reason to Cooley Law School, and Capital University. - In November 2008, our moot court team The courtroom is an expensive un be confident in their chances going forward. As well, the team brought home awards dertaking, and we must raise the funds of Megan Miller, Callie Modic, and Alex Their brief was the best petitioner brief, and from the Lansing, MI regional for Midwest ourselves. For that, we will once more Reich won the regional championship for the ranked fifth overall. On a scale of 0-90, only Regional Champion, Second Best Brief turn to our friends and our alumni. National Moot Court Competition. Earlier 0.75 points separated the C-M brief from Overall, Best Advocate for the Final Round We also hope that our graduating stu- this month, these same students competed the best overall brief of the competition. (Alex Reich), and Best Advocate for the dents will select this project as the focus of in the final rounds in New York City. They “We knew that at that point, statisti- Preliminary Rounds (Alex Reich). the 2009 Graduation Challenge fund-raising qualified for the “sweet sixteen” round, and cally, the brief score could never hurt Already, the team members hope efforts. If they do, they will be helping to their brief was one of the best in the country. us; that we only had to beat our oppo- to share their success with C-M col- build a resource for generations to come. That same weekend, Carrie Lewine, nents by one point on oral argument,” leagues - each will mentor a moot court Danja Therecka, and April Stephenson won Reich said in a recent phone interview. team this spring, continuing the win- the North American (Atlantic) Rounds of THE GAVEL Even with that knowledge, the team knew ning tradition of an impressive program. the 13th Annual Stetson International Envi- ronmental Law Competition. Next month, CLEVELAND-MARSHALL COLLEGE OF LAW these students will travel to Florida for the CLEVELAND STATE UNIVERSITY 216.687.4533 TELEPHONE final rounds of this competition. There, 216.687.6881 FAX they will test their advocacy skills against [email protected] law school students from around the world. Our law school, which opened its first clinic in the mid-1970s, was a national leader in clinical legal education. Today, that clinic is the Employment Law Clinic. In this clinic, students handle such matters as unemploy- Participants enjoy a view from the bench at the recent Big Brothers, Big Sisters event. Photo by Regina Fisher ment compensation, wrongful termination, Moot Court... discrimination and other statutory claims. Co-Editors-in-Chief -continued from page 1 The Urban Development Law Clinic Paul Deegan petition format. Both advocates travelled round marathon of preparation and argu- has emerged as an important commu- Rick Ferrara nity resource for improving the eco- Michelle Todd to the same competition the year prior, ment, spanning from 11 A.M. to 7 P.M. nomic and social stability of the city’s and enjoyed it so much that they wanted Therecka and Lewine finished arguing at-risk neighborhoods, while students to return. This year, they noticed the over- versus Wake Forest in the semifinals to Staff all quality increased, especially in terms find that they had won, and for a reason in the Environmental Law Clinic per- Anonymous 1L form practical legal work on behalf of Mike Borowski of the judges covering the competition. that reminded them of the contribution non-profit environmental organizations. Tara Chandler “The judges were very good this of their ailing compatriot – the C-M team If you enroll in the Fair Housing Law Joseph Fell year, in that they appeared very knowl- brief score catapulted them ahead of Wake Stacey Fernengel edgeable of international law, and Forest in point total, ensuring victory. Clinic, you will represent victims of Maryann Fremion housing discrimination in both state and Jeremy Samuels well prepared in general,” Carrie said. In the finals, C-M faced John Mar- federal, court as well as before administra- Jillian Snyder Therecka noted the same: “There were shall, and Lewine’s ability to counter her tive agencies. In the Law & Public Policy many executives of NGO’s working as opponents arguments made all the differ- judges at the event. After making some spe- ence. “She really enjoyed getting in good Clinic, you will research and draft policy Gavel Columnists options for local and state governments. Kevin Kovach cific declarations in court, it made me a bit rebuttals by the end of the competition,” Like many students before you, George Sakellakis nervous. I just had to trust that I was right.” Therecka said, “which she would come- you may find clinical experiences April Stephenson The team’s background gave a up with on the spot. She was awesome.” among the most meaningful and sat- solid foundation for that trust. Each The team won their round and won the isfying of your legal education. Gavel Contributors team member had traveled internation- Atlantic region of the tournament. The One of the best exposures to the prac- Eman Dughly ally and made international issues the win marks another success for the Moot Jonathan Krohl tice of law is through a strong extern- centerpiece of their law school careers. Court program at C-M, headed by Prof. Klaus Luhta Therecka, especially, had a great deal Steven Gard. Already this year, the program ship program. We have such a program. Hilary Michael As an extern, you will observe, learn, wit- Gannon Quinn of experience in international relations. produced a team ranking as one of the top ness and practice law in government offices, Susanna Ratsavong She is a U.S. citizen, but was born in Al- sixteen in the country at the National com- Joe Shininger bania. She speaks fluent English, Italian, petition; as well as a second place finish the chambers of a state or federal court judge, Arunesh Sohi the office of a hospital’s legal department, John Stryker French, Spanish, and Albanian, majored and best brief in the Wecshler competition. and in many other venues. It is one of the in International Relations in undergrad, Now, the international environmental law school’s most worthwhile opportunities. holds a Masters in International Relations, law team plans to face finalists from the Adviser Thomas Buckley and worked at the prestigious Brookings Pacific region on March 25-28th. They Our law school has graduated some of Printer P.M. Graphics the best trial lawyers in the region. Many Institution before attending law school. will head to Stetson University School of of these lawyers began their careers as Consequently, Therecka and her team Law, in Florida, to face John Marshall, were prepared to accept the challenge Florida State, and Wake Forest. This students in our trial advocacy program. http://www.law.csuohio.edu/students These courses help future litigators under- ALL RIGHTS REVERT TO AUTHOR of the competition, which got more in- time, Stephenson will join Lewine and stand the relationship between evidence, tense in the later rounds. The semi- Therecka for oral arguments to mark an- finals marked the middle of a three- other C-M effort to bring home the globes. THE GAVEL LAW FEBRUARY 2009 3 N SA ETS O LE N CK OW TI ! Cleveland-Marshall Barrister’s Black and White Ball

LYWOOD RED CARP “HOL ET”

SATURDAY MARCH 7TH, 2009 6:30 PM THE MARRIOTT AT KEY CENTER

SENATORS WILL BE SELLING TICKETS IN THE CAFETERIA MONDAY - THURSDAY 12:00-1:00 PM AND 5:00-6:00 PM AND FRIDAY 12:00-1:00 PM THROUGHOUT THE MONTH OF FEBRUARY

STUDENTS: $50 FACULTY/STAFF/ALUMNI: $80 *STUDENTS MUST HAVE THEIR I.D. TO PURCHASE TICKETS First Health Advocacy Law The Presidential Oath of Office: Clinic in Ohio available Controversy past and present at C-M starting Fall 2009 By Joe Fell Obama did the next day is also not a new By Michelle Todd yers and doctors,” she said. “Hospitals are STAFF WRITER phenomenon to the American presidency. In CO-EDITOR IN CHIEF really the new community centers because fact, two other presidents had the luxury of many patients want to tell their doctors and Whether you spin it as yet another exam- first taking the oath of office in the comfort Beginning in the Fall 2009 semester, nurses about the legal problems they’re fac- ple of Bush-era appointee incompetence or of their family homes, late at night…and C-M will be the first law school in Ohio ing,” Daiker-Middaugh added. portend it as a harbinger of future mistakes oddly enough, both of these men did so and only the ninth in the country to offer CHALC’s involvement with CAP will and incompetence of the Obama adminis- after the death of presidents born in Ohio. students the opportunity to work together allow students to provide advice and coun- tration, the bungling of the Oath of Office Chester A. Arthur first took the oath with legal and medical professionals to help seling to the city’s elderly and low-income by Chief Justice John Roberts during now- of office at his home following the assas- needy individuals in their communities. families with respect to a variety of legal President Obama’s inauguration ceremony sination of President (and Cleveland-area The brainchild of C-M Pro Bono Pro- issues they face. CHALC students will work on January 20th was an unexpected hiccup native) James Garfield. Calvin Coolidge gram Director Pam Daiker-Middaugh, the in numerous areas of law, including special that provided an unwelcome distraction first said the all-important 35 words of new Community Health Advocacy Law education law, public benefits, disability law, as our nation celebrated the inauguration the oath of office while visiting his family Clinic (CHALC) will be open for enroll- housing law, and immigration law. of our first African-American president. home after Warren G. Harding died from ment to approximately 4-6 second and Daiker-Middaugh also noted that those Until the multitude of inaugural balls be- a heart attack. Both Arthur and Coolidge third year law students and will assist some students with a strong interest in children’s gan later in the evening and the commenta- later took the oath in a more formal setting. of Cleveland’s poorest residents facing a law should definitely consider enrolling in tors stopped being policy wonks and became Getting back to 2009, legal scholars var- variety of legal problems. the clinic. “Often special needs children fashionistas, discussion and debate about ied widely as to the significance of Roberts’ Daiker- with disabilities Roberts’ error dominated the news coverage, slip-up. In fact, two law professors on the Middaugh “Legal Aid and MetroHealth were al- require legal assis- gaining more attention than other events of a faculty of George Washington University’s developed ready in a partnership, so it made perfect tance to make sure more serious nature, such as Sen. Ted Ken- School of Law had differing views on the the concept sense that students could start working that they receive nedy’s seizure at the inaugural luncheon. matter. Jonathan Turley, who spoke at C- for this new the benefits they However, this wasn’t the first time that M last fall, said, “He should probably go clinic at the together with the lawyers and doctors.” need,” she said. Chief Justices have had trouble with the oath ahead and take the oath again. If he doesn’t, request of -C-M Pro Bono Program Director Although only of office—it was simply the first time that there are going to be people who for the Dean Geof- Pamela Daiker-Middaugh approximately 4-6 the error was publicized. In 1909, during next four years are going to argue that he frey Mearns. students will only the inauguration of William Howard Taft, didn’t meet the constitutional standard. “Dean Mearns came to me and wanted a be able to initially enroll in the CHALC for Chief Justice Melville Fuller improperly I don’t think it’s necessary, and it’s not a new public interest clinic formed at the law three credit hours, Daiker-Middaugh hopes quoted the oath; however, the error never constitutional crisis. This is the chief jus- school,” Daiker-Middaugh said. In order to that eventually the clinic will grow. “We received widespread attention due to the tice’s version of a wardrobe malfunction.” determine what kind of public interest clinic plan on starting out very small, but in the fact that this particular flub occurred in His colleague, Jeffrey Rosen, was more to start, Daiker-Middaugh interviewed future we would like to expand and allow the era before radio covered the event. direct in his assessment of the situation: numerous Cleveland non-profit organiza- more students to enroll for multiple semes- Ironically enough, Taft — who became “No impact. News flash: He’s President.” tions, including the Legal Aid Society of ters,” she said. Chief Justice of the Supreme Court after As you probably know by now, Obama Cleveland, in order to get a feel for what In the event that student demand exceeds his presidency flubbed the oath himself retook the oath of office on Wednesday, the community needed. the available seats in the CHALC, Daiker- during the inauguration of Herbert Hoover Vice President Joe Biden added to his After her research, Daiker-Middaugh Middaugh said she plans on interviewing stu- in 1929. This time, however, the error mile-long list of gaffes with a joke that decided that C-M students would benefit dents to select those who will join the clinic. did not go unnoticed. A 13-year old girl called Chief Justice Roberts’ memory into most from entering into an already existing “I will be looking for students who have the named Helen Terwillinger caught the error question, and life in Washington quickly partnership, the Community Advocacy Pro- communication skills and confidence to deal as she listened to the radio broadcast of returned to normal. Whether or not any- gram (CAP), with the Legal Aid Society of with clients,” she said. the inauguration and proceeded to engage thing significant would have transpired Cleveland and MetroHeatlh System, the city She also added that students who speak in an exchange of letters with Taft about in the legal and constitutional arena had of Cleveland’s charity hospital. “Legal Aid Spanish fluently would be given special the issue. Although he initially denied Obama not retaken the oath is best left to and MetroHealth were already in a partner- consideration, as many of the CHALC’s his error, Taft was eventually proven conjecture at this point. There is one fact, ship, so it made perfect sense that students potential clients may not speak English. wrong by a replay of the radio broadcast. though, that has been and will continue to be could start working together with the law- Retaking the oath of office — which simple, plain, and true: history repeats itself. THE GAVEL Page 4 Law February 2009 On sabbatical: An update from C-M Prof. David Forte

Compiled by Paul Deegan not formally tied to Princeton University, from Columbia Law School, whose book, complex with all the amenities one would CO-EDITOR IN CHIEF but which enjoy many co-operative con- Separation of Church and State, is now the want, and I drive 15 minutes along a canal, nections, including having common faculty dominant treatment of the subject, William by farms and fields, and through the Princ- The Gavel contacted Professor Forte, members. B. Allen, Michigan State University, who eton Battlefield to the restored mansion in who is on sabbatical, to ask him a few ques- has written on The Federalist Papers and on which I have my office. It’s a delight to tions about what he is doing while away Are there other Fellows and Scholars? de Tocqueville, and many others. We also travel and a delight to arrive in every season, from C-M. We total around a dozen. Along with have contact and discussions with people on including now, in winter. But that’s not the the fellows from the Madison Center in the Princeton faculty. I have spoken with best part of my commute. For those of you who don’t know him, Princeton’s Department of Politics, there experts in Jewish Theology, Islamic Studies, Professor David F. Forte has been teach- is an outstanding group of scholars with Anthropology, and Political Theory. What’s that? ing at C-M since 1976. Last year, he was me. Most have published major works in I have to wear sunglasses. awarded the Distinguished Faculty Award the field of constitutional history, political What are you working on? for Teaching by President Schwartz at the theory, philosophy, and modern political Well, we were warned when we arrived University Convocation. He has given issues. We meet weekly for general con- not to expect to get much done. And as over 300 addresses and lectures at over 100 versation, and we also have formal sessions you can see from the partial list of activities academic institutions. Previous sabbaticals where we present our ongoing work for above (and I did not include the cultural and leaves have taken Professor Forte to The comment and critique. activities), they were right. But I have made Heritage Foundation in Washington, The Together, the Madison Center and the progress on two major fronts. On the first, Liberty Fund in Indianapolis; the United Na- Witherspoon Institute also host major my separate studies into the thought and tions in New York; as well as teaching and speakers and conferences and we have careers of Chief Justice John Marshall and research stints in Lodz, Poland, Berkeley, small dinners and conversation with these Justice Benjamin Cardozo have led me to do California, and Trento, Italy. visitors. So, for example, we heard and some writing on what makes for a judge a spent time with Michael Burlingame, author “good” judge, or, as the founders would say, How are you spending this Sabbatical? of 12 books on Lincoln; Alvin Felzenberg, what makes for a “virtuous” judge? I am I’m having the time of my life. I am at author of a new book on rating the presi- trying out my ideas in a series of lectures and The Witherspoon Institute in Princeton, New dents, Leaders We Deserved (and a Few debates. Second, I am investigating how Jersey, as Senior Scholar at the Center for We Didn’t); Charles Kesler of the Clare- scriptural interpretation in the Jewish and the Study of Religion and Constitution. mont Institute; John Finnis of Oxford and Islamic traditions handle divine commands Cambridge; Michael Krauss from George to do violence to other peoples. Here I have What is the Witherspoon Institute? Mason Law School, who gave a withering had the benefit of consulting with some of The Institute is one of many free-stand- critique of Judge Richard Posner’s work; the foremost theologians in the country. ing research and academic centers like Hadley Arkes from Amherst; Eric Cohn, the Center for Advanced Studies and the a medical ethicist; Philip Hamburger How is living in Princeton? Princeton Theological Seminary, which are Great! I live in a nice new apartment Timing the right job, Students reminded to remain making the right decision vigilant after law school thefts By Mike Borowski crime on campus. Leaving books, purses, By Karen Mika STAFF WRITER LEGAL WRITING PROFESSOR able. Also, put all of that on hold if and and other property unattended - even for when it impedes your studies. Try not to a few seconds - provides the thief with According to weekly online report logs When is the best time for a first year stu- take employment that starts now, espe- a golden opportunity to take your valu- provided by the Cleveland State University dent to look for a summer job? Most of the cially if you’re grades weren’t as great as ables. For your own protection, keep your Police Department there have been 155 people in my study group have been looking you would have hoped in the fall semester. property under your control at all times.” reported incidents of theft on the campus for jobs all semester. I’m starting to get Remember that a poor decision as to Students and staff are reminded that and approximately 181 criminal trespass nervous, but I would like where you will be employed could be as locked doors should not be propped open and warnings or citations issued since the Legal to concentrate on finals. bad as not being employed at all. While left unattended for any period of time. This experience is nice, and may be beneficial beginning of the 2008/2009 school year. is a breach in security and may allow unau- Writing While these statistics represent the I think one of the pri- for acquiring employment later, a job in thorized people to enter a building or room. entire CSU campus as a whole, there mary mistakes that first year which there is no mentoring or guidance Students who observe what they believe have been several instances of theft and students make is trying to decide who they’re might not be such a great position to be in. to be suspicious activity or individuals while criminal trespassing reported that directly ultimately going to be during the first week Additionally, try not to get locked in on campus are encouraged to contact the involve the law school. Most recently in school. Sometimes you lock yourself into with an employer who will not give you time university police department to report the in the building, a piece of artwork was people and situations that prove to be the off once the school year begins (assuming event or individual. Officers will respond stolen directly from the wall and several worst of all possible decisions in the long run. the employment extends beyond summer). and determine if the incident requires students became the unfortunate victims of The same goes for that first summer Many employers are accommodating further action. Students can use campus theft when they reported that their laptop job. I won’t say don’t keep your eyes at first but often put pressure on students phones or emergency blue light phones computers had been stolen. Most of these open, but I will say, don’t jump too quickly to work more hours than they should. located throughout the campus to report incidents are reported to have taken place at the first thing that you see because This will cause time problems once the suspicious activity. The university police de- during normal operating hours when the you fear you won’t get anything else. school year begins, and that could result partment can also be contacted building was filled with students and staff. Although the economy is bad, law clerks in a poor performance in your classes. at (216) 687-2020. While opportunity theft can be a prob- make less than attorneys and there might Also, consider other options for the lem at any university, it is certainly a even be more of a market for cheap labor summer – studying abroad, participating problem that members of the law in this economy than in a good economy. in a clinic, volunteering for an internship. school community can take I advise, take your time and see what’s Although for some, money is tight, some steps to prevent. Cleve- out there, but if it’s not something that you of the best experiences (and contacts) will land State University truly want to do, check back again a little come from situations where you have to is a public university later to see if there is something more suit- make an investment (rather than get paid). with large numbers of students, staff, and general public utiliz- ing the campus and its facilities through- out the day. Students should always remain aware of their surround- ings and belongings at all times. According to the university police web- site, “Opportunity theft is the most frequently occurring THE GAVEL POLITICS FEBRUARY 2009 5 The Political Broadside Weighing the value of the Fairness Doctrine By George Sakellakis By Kevin Kovach CONSERVATIVE GAVEL COLUMNIST LIBERAL GAVEL COLUMNIST In a hopeful era when it seemed that George Orwell’s Unless you are either on the wrong side of thirty or cautionary tale would not come to fruition, America a disciple of right-wing talk radio, you may have never rejected the inappropriately named “fairness” doctrine, heard of the Fairness Doctrine. This is understandable, as which through hefty fines and the power to revoke the Federal Communications Commission repealed the licenses, mandated that broadcasters divvy up airtime policy in 1987, and scarcely anyone, save for talk radio equally on differing viewpoints of “controversial matters hosts, discusses the matter today. Why are hosts like Rush of public interest.” Limbaugh so obsessed with the regulation? Perhaps they Today, President Obama has stated that he does not are like playground bullies, who attack out of fear of being support the reinstitution of the doctrine. But citizen exposed for the insecure people who lie beneath the facade. beware – Obama, by way of a change of heart brought The Fairness Doctrine requires broadcast stations on by congressional prodding, could order the FCC to with FCC licenses to allocate airtime to discuss contro- reinstate the doctrine on a whim, and shove the electronic versial matters of public interest, and to air contrasting equivalent of rotten meat down our symbolically vegetarian throats. views on such issues. This measure neither mandates equal time, nor dictates how stations In 1949, when the fairness doctrine was instituted, television and AM radio were should meet their minimum requirements. Rather, license holders receive broad latitude in the primary source of media for Americans. Most markets had access to only a few complying with the guideline, and merely have to allot time for each side. For example, stations, some to just one, and the mandated airing of opposing positions (though every cable news network, including Fox News and MSNBC, easily meets the minimum arguably unconstitutional then) at least made a scintilla of sense. In 1987, fac- standards of the policy, because it presents advocates for each side of issues. The FCC ing increasing judicial hostility towards it, the FCC dumped the policy not only due adopted the Fairness Doctrine in 1949 and enforced the regulation for 38 years, until to its repugnance to the first amendment, but also because it just wasn’t working. Ronald Reagan’s crusade to deregulate everything but jellybean production killed the rule. Broadcasters sometimes chose to avoid covering politics and contentious issues al- As I mentioned, only reactionaries—or as Franklin Roosevelt labeled them, som- together, and the ones that still did lacked the vigorous debate of a time more free. nambulists walking backwards—are presently focused on this topic. Perhaps other Since then, Al Gore’s invention of the internet spawned countless political blogs for folks are more concerned with that economy thing. Nevertheless, right-wingers con- everyone’s taste, and there are myriad AM/FM radio stations, television channels, pod- tinue to denounce the purported evils of all regulation, financial and otherwise, even casts, satellite radio feeds, books and other publications that offer plenty of conservative, after lust for laissez-faire has again pushed our society to the brink. Meanwhile, revi- liberal, and middle-of-the-road ideas. When I want to see what the liberals are up to, sionists have once more begun rewriting history, adamant that a hands-off approach I take in some Keith Olbermann or read up on the New York Times’ Frank Rich. And solves everything. They likewise appear to enjoy distorting the Fairness Doctrine. when feeling sickly and in need of evacuation, I’ve even been known to listen in on the Republicans have recently taken to the airwaves—or, in the case of Senate Minority Al Franken Show. The point is, we know what we want to listen to, we know what we Leader Mitch McConnell (R-Ky.), the floor of the United States Senate—to proclaim probably should be listening to, and we know where it can all be found. Most importantly, that the New Deal failed to improve the Depression-era economy. History disagrees. At it’s us making the decision; not some fool in D.C. who wants to play master of puppets. the beginning of the New Deal in 1933, official unemployment was twenty-five percent. Unfortunately, after numerous fruitless attempts to resurrect the doctrine, we are By 1941, unemployment had fallen forty percent, to fifteen percent of the workforce. An encountered with some crafty officials who want to bring it back under a different average annual unemployment reduction of five percent in the depths of the worst depres- name. (What was that about putting lipstick on a pig?) Nancy Pelosi, the liberal leader sion in history seems rather significant. In addition to the increase in jobs, gross domestic of a majority Democrat house that we elected, thinks our minds are full of conservative product rose steadily from 1933 to 1941, with one exception. Roosevelt cut spending in thoughts, and that it’s affecting our minds at election time. Comrades like Harry Reid 1937, thereby creating a new recession. When FDR restarted the New Deal, GDP rose anew. and John Kerry, liberal leaders among a majority Democrat Senate that we elected, Armed with an example of how reactionaries unabashedly misrepresent simple facts, we want the power to “balance” programming so that we will elect even more of them. In can now address their shameless distortions of the Fairness Doctrine. Intransigent conserva- a country that just elected a Democrat president despite countless (and well deserved) tives call the Fairness Doctrine unconstitutional, even though the Supreme Court found it conservative media attacks, I can’t see any other motive for reinstituting such a doctrine constitutional in the 1969 case Red Lion Broadcasting Co. v. FCC. In Red Lion, the Court other than the beginning of total domination of our thoughts. What country is this again? held that the First Amendment cannot tolerate monopolization of the marketplace of ideas. I don’t worry so much about the doctrine’s actual resurgence, since it appears to “Now friends,” in the words of Limbaugh, blowhards like “El Rushbo” claim the Fair- be just far left fad. Even Jon Sinden, the founder of Air America, opposes its return, ness Doctrine is meant to destroy conservative talk radio, even though conservative talk and I will hold President Obama to his word that he doesn’t want it back either. But radio emerged and thrived while the Fairness Doctrine operated. The regulation merely the mere fact that there are American citizens (especially those who took an oath prohibits stations from repeatedly broadcasting one perspective without ever presenting an to protect and defend the Constitution) that support exhuming the failed scheme, opposing view. Right-wingers argue the stipulation stifles speech, apparently by mandating even in today’s political and technological climates, is alarming. The truth is, in a that the marketplace of ideas contain more than one viewpoint. Rush and friends call the free country, it is not the prerogative of the FCC to insert, remove, or balance the Fairness Doctrine a backdoor maneuver to proliferate financially unviable liberal talk radio, words in people’s mouths and ears by controlling the content of radio broadcasts. but the target is the very existence of wholly one-sided broadcasting. The ultraconservatives We must rid ourselves of the notion that a big government has our best interests maintain listeners can filter the facts, even when current FCC guidelines permit one compa- in mind, and the associated willingness to cede our rights. If we, a people that are ny both to own half of all stations in a city and to limit airtime to one side of a political issue. fully capable of forming and exchanging our own ideas without big brother’s assis- Finally, Fairness Doctrine opponents aver that reinstatement would render talk radio tance, obediently roll over and let government rub our bellies, eagerly hoping for a unprofitable. Yet in 2004, after Sinclair Media ordered its sixty-two television stations round of fetch but completely relying on him to provide us with our daily walk and to pre-empt primetime programming with a defamatory, anti-John Kerry “documentary” an equitable redistribution of provisions, personal thoughts, and milk bones, then and no time for the other side, Sinclair’s stock price dropped seventeen percent. This I guess we deserve the master/dog relationship that comes with an all too-power- suggests homogeneity, not an open marketplace of ideas, poses financial risk. If right- ful government – the relationship that George Orwell so strongly warned us about. wing talk radio zealots are convinced of the truth of their views, why are they so afraid of the Fairness Doctrine? The biggest bullies are usually the most insecure among us. Liberal rebuttal. . . Conservative rebuttal. . . You confuse the Fairness Doctrine with the Equal Time Rule. The Fairness Liberal viewpoints on issues like this, with their requisite beliefs that politicians are Doctrine does NOT mandate “that broadcasters divvy up airtime equally,” as you smart and caring enough to decide what’s good for us, are exactly what is wrong with this have falsely alleged. The conservative columnist on this page two years ago shared country. Recent liberal strategy opportunely advances these perspectives by replacing with me two commonalities—a broken nose and a belief that the State of Ohio substance with confusion, redirection, and pre-planned talking points, as evidenced by the lacks a valid argument to destroy most Home Rule-based residency requirements. providing of a crazy answer explaining the alleged success of the New Deal to a question To these, we now add a third, as I hereby co-opt his favorite retort, “facts matter.” about the fairness doctrine. Evidence of the tactic is evident when free minds are so care- The Equal Time Rule requires broadcast stations to provide equivalent airtime to lessly flushed down the toilet with every passing Oprah Winfrey show. So goes our liberty. opposing political candidates, making exceptions for documentaries, news interviews, The fairness doctrine, as modernly applied, violates the first amendment. The standard newscasts, and live on-the-spot news events like political conventions. The 1969 Red Lion Court gave credence to a 1959 Senate report that cited the need for the Communications Act of 1934 codified the Equal Time Rule as 47 U.S.C. Section 315(a). doctrine because of the limited spectrum of the public airwaves. In FCC v. League Section 315(a)(4) appears to foreshadow the Fairness Doctrine with the following language: of Women Voters of California (1984), it was suggested that expanding sources of “Nothing in the foregoing sentence shall be construed as relieving broadcasters...from the media have made the doctrine obsolete. Just imagine how truly obsolete it has be- obligation imposed upon them under this Act to operate in the public interest and to afford come from 1984 to the fast-approaching second decade of the twenty-first century. reasonable opportunity for the discussion of conflicting views of issues of public importance.” Mandating balanced reporting with vague, malleable standards opens a door that Though I may confuse grammatical rules, I believe you combine a present par- unapologetic Soviets like Mrs. Pelosi just should not be allowed to pass through. And ticiple with the past tense passive when you write, “when feeling sickly and in need arguing Rush Limbaugh’s personal concerns to advance that mandate is the classic liberal of evacuation, (you have) even been known to listen in on the Al Franken Show.” tactic of confusion. No partisan, conservative or liberal, Democrat or Whig, can ever be As you center your general argument on a straw man, I feel compelled to inform trusted to define and enforce terms like “honest,” “balanced,” and “equitable.” I think our you that Franken ended his radio show February 14, 2007 to begin his campaign framers contemplated a society where the people could define these words by themselves. to represent Minnesota in the Senate. I appreciate your confusion. Norm Coleman, Somnambulists indeed - in the form of citizens who watch this debate unfold and Franken’s vanquished opponent, continues to employ legal machinations to prevent respond with “what’s the big deal?” everyone’s crazy Irish uncle, Joe Biden, from swearing-in Senator-elect Franken. The web provides innumerable research channels. Please utilize a few. Page 6 Opinion February 2009 Students involved and Student Perspective: Obama ready for Barrister’s Ball gambles by closing Guantanamo By Elias Hazkial By Mike Borowski war this strategy is absolutely unacceptable. SBA PRESIDENT Every other Friday afternoon, nearly STAFF WRITER Our enemies do not come from one two dozen law students volunteer their specific state or government. Guantanamo My fellow classmates, I regret to time as Big Brothers and Big Sisters to Shortly after tak- Bay is the most effective tactic that has report to you some bad news but I trust mentor local children. I am happy to ing office, in a move been used to give the U.S. an advantage it will be offset by the good news that point out that these are only a few of catering to his far- in the war on terror. In a war, tempo is ev- follows. First, as you may have noticed many more services and activities that our left supporters, Pres- erything. The U.S. must remain aggressive there are no new lock- students are involved in, but limited space ident Barack Obama and on the offensive. You do not let the SBA ers. Simply put, there are keeps me from acknowledging them all. began his disman- enemy dictate the tempo. You do not take a President budgetary issues with the More good news: The networking event tling of the Bush tactic that is working and just stop using it. University that could not hosted by the Cleveland-Marshall Alumni administration’s anti-terror apparatus put The far-left will have you believe that be overcome in time. Due to the current Association in conjunction with the SBA into place after September 11, 2001. The the aggressive and appropriate interroga- economic crisis our nation is experienc- was a huge success. I received praises of executive orders called for the closure of the tion of the detainees used at Guantanamo ing, the University is exercising very strict feedback from across the whole spectrum military prison at Guantanamo Bay within Bay is tantamount to torture. They called scrutiny on all expenditures over $5,000. of attendees. Students were impressed that a year, ordered that the army field manual for the use of the army field manual during Even though the money is in our ac- our alumni were open, friendly, and caring be used to govern future interrogations, interrogations which treats the detainees count and we technically have the liberty to enough to spend their Friday evening min- and called for the creation of a task force with kinder treatment than is given to com- spend it according to our needs, there are a gling and making contacts with them. The to make recommendations on the transfer mon criminals in the U.S. Well, it appears few procedural hurdles that tripped us up in alumni were impressed with the students’ of prisoners and future interrogation policy. President Obama answered their call. Under the process. This does not mean that I am cordial and professional demeanor. Myself Just hours after this announcement the Obama administration’s new orders, the stopping my efforts to acquire replacement personally, I was surprised and impressed U.S. counter-terrorism officials con- current interrogation technique is about as lockers for the dilapidated ones that we with these reactions. I sat in a few meetings firmed that released Guantanamo de- effective as saying, “Pretty please, can you currently use. All I am saying is that new deliberating whether or not such an event tainee Abu Sufyan al-Azdi al-Shahri, tell us what your next target is going to be?” lockers won’t happen as soon as previously would be a success judged by its atten- who had resumed terrorist activities Just because the far-left says aggressive anticipated. Please accept my sincerest dance. Well, not only was it a huge success, upon his release in 2007, was elevated to interrogation is torture, this does not make apologies for failing to make the original but everyone is anticipating the next one. the senior ranks of Al-Qaeda in Yemen. it so. Legally, the definition of torture benchmark date. To those who don’t have Now the best news of all: The 2009 Al-Shahri joins a group of 61 other is one that is widely debated. Since the much experience with large, expensive Barrister’s Ball is fast approaching. The former Guantanamo detainees that in- captured terror suspects wore no uniforms, projects subject to different offices and lev- Barrister’s Ball is an annual formal that is clude men like Abdallah Ali al-Ajmi, who they are not legally entitled to the Geneva els of oversight, it is almost natural and ex- a long-standing tradition for law schools, after being released from Guantanamo in Convention protections anyways. The use pected for target dates to get pushed back. generally. March 7th is right around the cor- 2005 and sent back to his home country of the army field manual during inter- Now, the good news: Our law stu- ner, and the Marriott at Key Tower is ready of Kuwait, have rejoined the battlefield. rogations will have real lasting effects on dents are active and involved! On, for us. Please note that fliers are posted all Last April, al-Ajmi blew himself up the security of the U.S. There is a reason January 31, over two dozen students around the locker area and the ground level in Mosul, Iraq killing 12 people in the we have not suffered another terrorism came to school at 9:00 am to become student lounge. The cost is nominal com- blast. According to the Department of attack since September 11, 2001 and that certified, volunteer tax preparers. pared to the evening in store: Gourmet din- Defense 11% of all released Guanta- is because of the information secured dur- These students will help local citizens ner, open premium bar, and all night danc- namo detainees return to the battlefield. ing those interrogations and the policies maximize their income tax returns on ing for the student price of $50 per ticket. In spite of this information it only put in place by the Bush Administration. Monday evenings during this tax season, To be put into perspective, the same eve- took the President a few days to take The war on terror is far from over and free of charge. Also, the Entertainment and ning will cost $80 per person on any other a strategy that has kept the United President Obama is taking a big gamble Sports Law Association (ESLA) hosted Saturday of the year. I encourage ALL stu- States safe for almost 8 years from ter- with American lives by dismantling the over 60 people at a Lake Erie Monsters dents, day and evening alike, to hurry up and rorist attack and turn it on its head. Bush administration’s anti-terror apparatus. hockey game on, February 6. The Stu- buy their tickets before they are sold out. In his inaugural address President dent Public Interest Law Organization Tickets can be purchased in the ground Obama said that, “As for our common (SPILO) held a wine tasting and silent level student lounge daily between noon defense, we reject as false, the choice HE AVEL auction at the law firm of Thompson and 1:00pm and also between 5:00 and 6:00 between our safety and our ideals.” Per- T G Hine on February 11. This event raised pm. Accepted methods of payment are cash haps the President should take a lesson money to send student volunteers dur- or check. I welcome all e-mails with any from one of his role models, Abraham ing Spring Break to aid in Hurricane questions or concerns, regarding anything. Lincoln, who, during the Civil War, Katrina relief efforts in New Orleans. [email protected] suspended habeas corpus because he wanted the Union to win the conflict. He suspended our ideals in order to win. The closing of Guantanamo Bay was a nice campaign promise and it did what it was meant to do by rallying the base for Obama, but now the fact that the new administration has not considered all the consequences has become clear. They have no idea what they are going to do Join Us! with the 245 enemy combatants. They have no idea how to try them. They have no idea what kind of rights to give them. Come to our next The Obama administration just appears to be playing it fast and loose, and in a time of meeting and contribute to Barrister’s... the best student-run newspaper in Ohio: -continued from page 1 a serial killer? (Facebook campaigns should be popping up any minute now). Tickets are currently on sale in the Thursday, cafeteria area for $50 per ticket for stu- February 19th dents and their guests, and $80 per ticket for faculty and alumni. Realizing that law students are not known for having Submissions or letters to extra cash lying around, SBA is subsidiz- the editors can be e-mailed to: ing a portion of the student tickets. It is [email protected] requested that tickets be purchased sooner rather than later so they may get an ac- A participant poses during the scavenger hunt portion of a recent Big Brothers, Big Sisters event curate guest count. They will be available at C-M. The organization coordinated with C-M to put on the program as a way to reward top for sale during the month of February. students of inner-city schools. Photo by Regina Fisher THE GAVEL OPINION FEBRUARY 2009 7 Happy Valentine’s Day 2009! Missives from C-M students, faculty, and staff.

To the Billy with the same To: Tara boots - Happy Valentine’s Day! happy valentine’s day to I would like to wish a Happy You are my favorite miller, brando and swickster, the Valentine’s Day jibbler, and jabbler. Please You’re a dirty little vixen. best moot court partners to all my “Frat-Pack” be my valentine. I swear to I love your pink shoes and your ever! thanks for putting up friends in the upper you. Point it out and shut it sexy dance moves. with my craziness, snoring, left corner of the class down. I think you’re super smart; you’re dancing and stinky feet! (you know who you are)!! my sweet little lovetart! bobble & andrew- prepare Essentially and legitimately, yourselves! Love Always, Jibbs. Love: Your law school twin – Allison E

TO THE ENTIRE STUDENT BODY: Dear students, Dear Uncle Lu, The Wasko, and Janey: Please remember this: You give me good reason to get up in the morning. “What the world really This V Day, I want you to know how You make the time flow swiftly throughout the day. eric becker, you are sooooo much I appreciate the memories needs is more love and less And when I lay my head down and wonder dreamy paper work.” ~Pearl Bailey we have made together: Janey, just what I did to feel so spent at day’s end, from Darren Dowd next time run Lindsay’s garbage to whom I gave a full day’s measure Happy Valentine’s Day! disposal. The Wasko, enough of the and from whom I received a hundred times more, premature passout already:) ...You’re the one. Yours truly, Uncle Lu, next time forget the mile Inga Laurent, long hike and cuddle up with Glen HAPPY VALENTINE’S DAY TO YOU ALL instead. Your Manager of Student From Israel Payton Affairs Love you guys!!!! April

Brett, We can’t wait to take Judge Glassman, Please happy valentine’s day to Dear Anthony Rich, you to see “Elmo grows up” Deny the City’s Motion for elias el presidente hazkial. I don’t want to make things in April. Summary Judgment. thank you for everything weird, because we live with Happy Valentine’s Day. Happy you do! and to my prom each other, but I Valentine’s Day! committee for helping me can’t wait to bunk with you Love, Cindy Trippenfal. throw the best prom! on SB2K9. Please be my your two moms M&B - Allison Valentine, Sean Burke

KB, my love for you is happy valentine’s day to MB, the first time we met Ashleigh, we are so alike containerized courtface and shaleela, my 1,000 yards from that and bad to the bone!!! bests, what would I do with- school, I knew this would Love you always and out you?!?!?! last. Happy Valentine’s Day! – Allison --KK Alli

Mike- Every day I see you, my heart grows Ashley Koogler - even fonder. You’re amazing, and I To My Valentine Mary, Happy Valentine’s Day thank God every day for meeting you. thanks for a great year! Neil! You are the best Uncle You’re a 10 in my book, even Baby, you’re my everything, and I can’t From Byron ever!!! though you smell like whoppers wait to see where this crazy life takes us. Love, and you walk into doors. PS: I still have your scarf! Alli and the kiddos Happy Valentines Day! XoXo, Marcell <3 Love, Brittany

As Bruce said: “I saw you last time, out on the edge of town; Jabbs, Happy Valentine’s Day Dear Michelle, Paul, and Rick: I want to read your mind from the Commonwealth of and know just what I’ve got Friendship cancelled. Fine. RavisiO! I am but a pile of in this new thing I’ve found. <3 Jazz Hands articles without you. So tell me what I see, when I look in your eyes. Love, Is that you, baby; or just a The Gavel brilliant disguise?” THE GAVEL FEBRUARY 2009 8