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How the future will judge Bush Special insert: The Gravel Alumus career shaped by JAG The public’s view After a revival last year, Judge William O’Neill of President Bush is The Gravel returns has a distinguished divided. The Gavel once again just in time career including a columnists debate how to distract you from stint in the JAG Corp. future historians and studying. This satirical The Gavel interviews generations will view insert looks at the lighter Judge O’Neill about his Bush’s presidency. side of law school life. experiences.

BROADSIDE, PAGE 6 INSERT, PAGE 1 CAREER, PAGE 4 THE GAVEL VOLUME 55, ISSUE 6 APRIL 2007 THE STUDENT NEWSPAPER AT -MARSHALL COLLEGE OF LAW

BLSA hosts Professor Tyler, annual banquet director of legal By Chuck Northcutt writing, retires STAFF WRITER ler did not enter the practice of law On March 30, 2007, the Black By J.R. White GAVEL CONTRIBUTOR through traditional means. Tyler Law Student’s Association, BLSA, Professor Barbara Tyler will worked as an emergency room held its annual scholarship and retire at the end of this academic nurse and nursing instructor for awards banquet at the City Club year, bringing an end to an amaz- 22 years in her first career. of Cleveland. ing career that has spanned profes- In law school, while most were BLSA gave three separate sions and touched many lives. overwhelmed with class prepara- awards for their 2006-2007 essay

Photo by Chuck Northcutt Tyler began her journey to law tion, Tyler balanced homework competition. Recipients were Mer- school by doing something sneaky. with eight-hour weekday shifts edith Danch, Jennifer Carroll, and With her son Thom enrolled as a and twelve-hour shifts on week- Donnetta Jones. Jones won a full first-year student at Cleveland- ends. She graduated magna cum bar review exam course donated Marshall College of Law, Tyler laude. by Supreme Bar Review. Car- snuck away and took the LSAT Tyler entered a two-year judi- roll received $500, while Danch without his knowledge. cial clerkship for the Hon. Blanche received $250. Soon, Tyler was sharing class- E. Krupansky in the Court Members of the Cleveland rooms with Thom, who was par- of Appeals-Eighth District before legal community and C-M faculty ticularly grateful when his mother returning to C-M as a legal writing and administration attended the provided him with a last minute professor in 1991. banquet, including Dean Geoffrey BLSA President Anthony Scott welcomes Judge employment law outline just days In 2000, Tyler became advisor S. Mearns who gave the opening George White at The City Club of Cleveland. before the exam. to the Journal of Law and Health. remarks prior to the invocation Just as her son was grateful Her medical and legal background given by 2L Jerome Price. Judge White was the keynote speaker at the for her covert decision to enter made her a perfect fit for the pub- The Honorable Judge George annual BLSA scholarship and awards banquet law school so are C-M students lication, which focuses on points White ’55, retired from the U.S. and faculty. of intersection between the two District Court, Northern District held on March 30, 2007. Like many of our students, Ty- disciplines.

See BLSA, page 2 See TYLER, page 3

Journal hosts speaker Dr. Denno Ohio Rules of Anupriya Krishna and nal of Law and Contemporary In 1994, convicted killer Ste- Austin McGuan Problems. phen Mobley attempted to have Professional GAVEL CONTRIBUTORS Dr. Denno received her mas- his death sentence overturned On April 5, 2007, C-M’s Jour- ter’s degree in criminology from because of his family’s history of Conduct nal of Law and Health presented the University of Toronto. In ad- psychological disorders. the third speaker of its 2006-2007 dition, she received her doctoral In an attempt to mitigate his annual lecture series: Dr. Deborah degree in criminology and law sentence, Mobley argued that his Denno, the distinguished Arthur A. degree from the University of family shared a genetic propensity Rule 1.8(j): Sex with clients Givney Professor of Law at Ford- Pennsylvania. for criminal misconduct and that ham University School of Law. Prior to joining the faculty at genetic testing would reveal this. Dr. Denno drew a dynamic Fordham University, Dr. Denno The trial and appellate courts A lawyer shall not solicit or engage audience comprised of a mix of served as a member of the U.S. rejected this kind of reasoning, in sexual activity with a client unless a students, area lawyers, and C-M Sentencing Commission’s Drugs- and, in 2005, Mr. Mobley was faculty. Violence Task Force from 1994 to executed. consensual sexual relationship existed In her second visit to C-M, Dr. 1997 and consulted for eight years Although the Mobley case was Denno presented Legal Implica- on the New Jersey Death Penalty the first to suggest so persistently a between them when the client-lawer tions of Research on Genetics and Project. link between genetics and criminal relationship commenced. Crime, based on her widely cited Dr. Denno pointed out that the misconduct, it was not the last. article, “Revisiting the Legal Link introduction of genetic research as Dr. Denno has been studying Between Genetics and Crime,” a defense in court is more common the relationship between biology published in Duke University now since the Steven Mobley case, School of Law’s prestigious Jour- a Georgia murder case. See DENNO, page 3 THE GAVEL

Page 2 LawLaw April 2007 Dean Mearns BLSA: Judge White inspires audience Continued from page 1-- as a night law student while keeping his daytime job. The point of this story was to never give up on your talents and responds to that your talent is exactly what you do with it. of Ohio, was the keynote speaker of the night. White’s speech White then told a story of how, when he was 10 years old, his Gavel Editorial focused on community service and overcoming adversity. White father told him, “son, you never will be a rich man, but you’ll always carried the lessons that he learned from his father, a Baptist minister, have your reputation.” By Geoffrey Mearns throughout his legal career. White explained that as aspiring lawyers, if our idea of success In the last issue of The Gavel, Kathleen As a judge, he always sentenced defendants to what he would is money, then we are in the wrong profession and that we should Locke wrote an opinion piece about the expect to be sentenced if he was that defendant. White told a story use our talents to benefit others. White further explained that if you recent visit by a team of external evalu- about a defendant that he once sentenced and then later encoun- do the right thing and do things for other people, then the money ators whom I invited to assess our legal tered. This man told White that he did the right thing by sending will come back ten fold. writing program. In that piece, Ms. Locke him to jail and that he now had his life together and was no longer White closed his speech by emphasizing that you should never expressed some concerns an alcoholic. cry if you lose, but instead, you should find a way around the about the fairness of the White said that the justice system today needs improvement, obstacles. Falling back on his experience in politics, White ex- evaluation process and explaining that we are “building too many buildings,” and that plained that if you don’t win, it’s not really losing, but a learning the way in which the team “prisons are not going to change people.” White explained that experience. conducted its visit. “education is the key” and that this message needs to be relayed to After White addressed the audience, BLSA president Anthony Prior to publishing her the younger generation. W. Scott presented him with a special recognition award. Awards opinions, Ms. Locke ex- In discussing diversity, White explained that the color of a per- were also given to Dean Gary Williams, the Honorable Melody pressed some of those son’s skin does not matter, because “we are all family.” White also Stewart, Michaeline Carrig, and retired Judge Jean Capers. The concerns to me directly, stated that if one person doesn’t do well, we all don’t do well. An award was then presented to 2005-2006 BLSA President and we met to talk about Dean’s White said to never give up on your talents, and that your tal- LaKecia Foster for her ongoing commitment to BLSA. In addi- them. I appreciate the Column ent is exactly what you do with it, by relaying his own personal tion to Foster, the following graduating members of BLSA were professional and thought- account of how he got into law school several years after dropping honored: Kristen M. Boamah, Matilda Carrena, LaDavia Hatcher, ful manner in which Ms. out of college. Karrie Howard, John Sheil, and Ladi Williams. Locke assessed the issues and expressed When the law school dean asked Judge White why he should be Following the special presentations, Magistrate Gregory Clif- her concerns. admitted, he replied that after working at the Federal Reserve for ford introduced the incoming BLSA Executive Board for the 2007- Before responding to some of her eight years and fueling airplanes, he was then ready for law school. 2008 school year Jason Carter, Camille Tucker, Sufian Doleh, and specific concerns, I would like to provide After the dean admitted him on academic probation, White excelled Maurice Perdreau. some context for this evaluation. I think this context is important. It is a fact of academic life that we are all subject to formal evaluation processes. C-M competes in annual softball tournament Students evaluate their professors. I an- C-M sent 13 students to the annual 2007 nually evaluate every professor based, in University of Virginia Law School Softball part, on those student evaluations. In order tournament. to obtain tenure, a professor must have her C-M’s team went 3-2 overall, advancing scholarship evaluated by academics from past the first round before being eliminated other institutions. Every year, the Provost Photo provided by Lydia Arko by less than one run. evaluates my performance. Moreover, every The tournament successfully raised over three years, every dean at the University is $17,500 for the Children, Youth and Family extensively evaluated. External evaluation Services of Charlottesville, Virginia. is an integral aspect of how our performance According to a press release from the is measured, as well as a necessary part of University of Virginia’s law school, over self-improvement. 1,400 students and professors, played on Yet, one of Ms. Locke’s principal 112 teams. Forty-eight law schools partici- concerns is that it was unfair to evaluate pated in the tournament this year, which was the legal writing program and professors held on March 30 through April 1. “while all of the other departments are left Money raised through the tournament untouched.” was also donated to the Public Interest In fact, as many of you may recall, in Law Association and the Legal Aid Justice March 2006, a team of legal educators Center. visited our law school to conduct a site visit in connection with our ABA re-accredita- one, can be improved. Arkansas, and Temple University, has documents, including student evaluations tion process. The ABA site team evaluated It was then my responsibility to as- conducted formal, on-site evaluations of and some papers that our legal writing the entire curriculum and legal education semble the team. I invited our legal writing the legal writing programs at six other law professors critiqued. program. The members of the team visited professors to recommend people whom they schools. The team observed every legal writing many classes, they reviewed hundreds of believed were leaders in the field of legal Prior to coming to our law school, Pro- professor in the classroom, and they had student evaluations of all of our professors, writing education. fessor Rosenbaum had participated in five individual meetings with every legal writing and they spoke with many students, faculty, Our legal writing faculty suggested legal research and writing evaluations at professor. The team also had meetings with and some graduates. five or six people. I selected two people other law schools. And Professor Liemer, large numbers of first-year students, and In September 2006, we received the from that list: Professor Jan Levine and who has developed and directed first-year they met with many of the other professors site team’s report, which contained many Professor Sue Liemer. Professor Levine legal research and writing programs at three here at the law school. observations. In its report, the ABA site recommended that I select Professor Judy different law schools, has served on an Given the extensive nature of the evalu- team recommended that we engage a team Rosenbaum. I followed Professor Levine’s ABA site team. In short, their experience ation, I think we should reserve judgment of experienced legal writing professionals recommendation. is extensive and impressive. about the quality and fairness of the team’s to evaluate our legal writing program. Al- The substantial input by our legal writ- I cannot render an opinion as to how conduct until after we have received their though the ABA site report contained some ing professors in the process of selecting they conducted the one open session with final report. constructive criticism about other aspects of the members of the evaluation team was students that Ms. Locke observed, because Before accepting the ABA site team’s the law school, the report did not recom- designed to ensure that the evaluation would I was not present. recommendation that we conduct this in- mend an additional external review of any be fair to our legal writing professors. To the extent they might not have been dependent evaluation of our legal writing of our other programs. Ms. Locke also expressed some con- familiar with all of our programs, however, program, I knew that doing so would cause In short, all of the departments at the cerns with the way the team conducted its that is the purpose of the site visit – to get some anxiety and uncertainty. law school have recently been evaluated site evaluation. Based on observing and that information. It would have been less disruptive for by a team of external educators, and those participating in one open session, Ms. Locke And I am gratified that our students many of us, including me, to ignore that professionals concluded that our law school concluded that the members of the team did proudly supported our institution and our recommendation. But I decided that it would benefit from a more thorough assess- not have experience in conducting “similar faculty. was important to engage in this evaluation ment of our legal writing program. reviews at other schools” and “that they But I do not think it is prudent to assess process to ensure that we were providing After conferring with President were simply evaluating their own teaching the quality of the evaluation based simply our students with the best education we Schwartz, we concluded that it was impor- styles with that of our professors.” on observing or participating in one open can provide. tant to you – our students – to accept this In fact, Professor Levine, who has session. That is our responsibility, even if the recommendation. Our decision was based directed the legal writing programs at the The evaluation has consisted of much evaluation process may be unpleasant or on our view that any program, even a strong University of Virginia, the University of more. The team reviewed hundreds of unsettling. THE GAVEL n LAW APRIL 2007 n 3 C-M appoints new dean of admissions and financial aid

By Tiffany Elmore getting our alumni, our faculty, or scores who have a reason why in this sophisticated legal com- the people in that classroom, STAFF WRITER and our current students more those things have happened [or] munity is increasingly important, and that’s what we are trying to C-M recently appointed Chris- involved. have [had] some certain life cir- and students are recognizing this. achieve here. topher Lucak as Assistant Dean Q: You mentioned a decrease in cumstance that precluded them They realize that they can have Q: What types of financial of Admissions and Financial Aid. applications, is there an economic from performing at their optimal a quality of life and a quality of aid are available to students who Dean Lucak spoke to The Gavel trend that reflects the exploration level. But, at the same time, there work life within a community that would otherwise be discouraged about the admissions process, his of opportunities in law? is some evidence of the student’s can support their goals and their to apply because of financial expectations, and C-M’s goals. A: Certainly the economy has ability to be successful. interests. constraints? Q: What recent changes have always been a factor in graduate When a student comes to the Q: For prospective students A: First and foremost, tuition been implemented in the admis- and professional education. We LCOP program, they start in the – what assets, like undergraduate at this law school is the lowest in sions process, and what goals have are looking at a pretty savvy group summer taking one course that coursework or professional expe- the state of Ohio so that is a plus been served? of students who, over the past few provides fundational skills. Hope- rience, are helpful in applying to for students. We do have scholar- A: We have seen slight de- years, have been watching the fully, when they are sitting in their law school? ships, which range from $2,000 to creases in application volume, but application volume and how it first year [class] with all the other A: LSAT scores and GPAs a full in-state tuition scholarship, that is a national standard across increases. They are recognizing or students, they are well prepared, realistically are the most important available for students that we in- the board, and the decrease that fearful that there may be an over- their expectations are there, and consideration. Law school is such corporate through the admissions C-M is experiencing is less than abundance of people going into the they understand and are able to an academic venture that having a process. the national average. We have legal profession, which may limit move forward with a degree of lot of extra curricular [activities] We are working as we rede- made fewer offers for admission opportunities for them. confidence. and work experience and those velop our Web site to make sure to date, however, we have more Q: How has the Legal Career Q: How do you recruit students can round out your experience as that students are aware of various students deposited to date, which opportunities Program helped outside of the northeast region and a law student. But those things in search engines or entities that have means more students have ac- to prepare admitted students to the state and get the message out and of [themselves are] not going scholarship money available. cepted our offers. This is helping transition into law school? that C-M is just as competitive as to get you through the rigors of Students who are looking for us to increase the quality of our A: The Legal Career Op- other Ohio law schools? law school. the best financial deal and are class, reduce the size of the class, portunities Program serves a A: We do have really outstand- We still want people who have selecting their law school simply and meet the expectations of the very important purpose and is a ing academic programs – not only different experiences, diverse because that is the law school institution. very important mission of our in our concentrations, but with our backgrounds, sexual orientation, who gave the most scholarship The new construction project law school. [We recognize] that joint degrees as well. We have a geographic upbringing, social eco- money may not be making the is a physical indication of some student accomplishment can be nice combination of traditional nomic status – all of those things best life decision for themselves. momentum that people are excited identified or defined in very dif- legal theory in the classroom and have to come into play here. It is important that students are about. We have incorporated more ferent ways. experiential learning opportuni- When you are in the legal living now like students. of our alumni into our recruitment These are not just people who ties. These are things that students classroom talking about the rule If you live like a lawyer now, efforts and the admissions process. might have lower grades or scores, find very attractive. of law, that rule is going to mean you will definitely live like a stu- We are doing a wonderful job in these are people with lower grades I also think that our location something different to each of dent when you are a lawyer. Journal gives Tyler award C-M Republican seminar addresses Continued from page 1-- financial planning for new lawyers During her tenure as advisor By Chuck Northcutt C-M College of Law Republican member to the Journal, Tyler has assisted STAFF WRITER Greg Condra. Like many C-M students, he the publication in making strides On March 29, 2007, the C-M College of gets calls from financial planners, making towards greater recognition. Law Republicans sponsored the “Financial him realize that new attorneys are often She names the growth of the Advice for Young Lawyers,” seminar. Su- targeted and that a seminar on the topic may Journal’s acclaimed speaker se- san B. Brooks and Daniel Ryder, financial be beneficial. ries and its decision to place the advisors from Skylight Financial Group, “Everyone wants to make the most publication online as accomplish- gave the 53 law students in attendance of his money,” said Condra. “I thought ments that she is most proud of as financial advice. people would appreciate learning how not advisor. The speakers indicated that lawyers are to be taken advantage of.” Condra was By placing the Journal online, often the target of financial advisors, so it pleased with the high number of people in attendance. Tyler hopes that increased access is important to find the best one. Ryder and “It just shows that if you put on mean- will lead to a greater number Brooks discussed smart tips on tax reduc- ingful programming, people will support of submissions from across the tion strategies and early retirement planning it,” Condra said. country which will, in turn, lead that can give new attorneys a head start on Condra said that he also got useful to nationwide recognition of the managing their money. publication. One attendee, Mary Malone felt the advice from the financial seminar in tax Tyler’s passion for writing program was helpful. “The two speakers reduction strategies that Ryder had spoken and research is not confined to her did a nice job of explaining different in- about. “I am all for learning about how to avoid costly errors,” Condra added. activities with the Journal. In the vestment options and how to balance-out The financial seminar was part of a future, she would like to see more Photo by Shawn Romer the choices for long and short-term goals,” niche publications at C-M. said Malone. “Their best advice was to start series of speaking events hosted by the Professor Tyler speaks at the annual Journal planning early.” C-M College of Law Republicans this past Every student should have the of Law and Health banquet held on April 13. opportunity to write for a publica- The financial seminar was the idea of academic school year. tion, Tyler said. Not only does membership After retirement, Tyler intends to con- look good on a resume, but it also gives the tinue her life of advocacy as a volunteer student experience as an editor and makes hospice worker, lending her medical and Denno speaks on genetics, law them a better writer, she added. legal talents to those in the twilight of life. Her advice to students writing a note: The Journal of Law and Health will Continued from page 1-- pick a topic in an area you want to practice. continue Tyler’s legacy at C-M with the and criminal behavior since the early 1990s. Recent publications have examined the Tyler recommends using the note as a tool in establishment of the Barbara J. Tyler Award controversies surrounding the Mobley decisions and subsequent cases in which attorneys the interviewing process, which could give for Best Note, which the publication will cited genetic disorders in appealing their clients’ convictions. one an advantage over other candidates. award yearly to the Journal member who Dr. Denno writes on a wide range of topics, including the death penalty, criminal law Finally, Tyler advises students who are authors the best student note. defenses, and interdisciplinary approaches to crime. not initially picked for publication not to This year, the winner for best student She is the author of the forthcoming book “The Killing Country: How Execution give up but to pursue publication elsewhere. note was Angela Ferneding for her note: Methods Define Our Nation, Reveal Ourselves” and the forthcoming book “How the Law Several students have been able to gain Regional Health Information Organiza- Thinks: International Views on Mental State and Responsibility in the Criminal Law.” publication in journals across the country, tions: Lower Health Care Costs, Fewer She has authored numerous articles including “Criminal Law in a Post-Freudian World” Tyler said. Iatrogenic Illnesses, and Improved Care published in the Illinois Law Review (2005) and “Who is Andrea Yates? A Short Story When asked what took her from her ca- – What Are We Waiting For? about Insanity” published in Duke’s Journal of Gender Law & Policy (2003). reer in nursing to a career in law, she stated, Those interested in contributing to The Journal of Law and Health sponsors speaker events throughout the academic year. “it was just another advocacy position.” the Barbara J. Tyler Award can contribute This event was the third this academic year for the Journal. As a nurse, she was an advocate for pa- through the Graduation Challenge. In the fall, the Journal presented the Medicare Prescription Drug Forum, and this past tients. As an attorney and professor, she has The Journal of Law and Health would February, the Journal hosted Dr. Joseph Lex, who presented The FDA: A Watchdog that been an advocate for clients and students. like to thank Professor Tyler for her years of Doesn’t Bite and Has no Incentive to Bark. And most importantly, as a mother, she has service and dedication to the Journal, C-M The series will continue next year under the leadership of Heather Heberlein and been an advocate for her children. and her students. Christal Contini, the Journal of Law and Health’s editors-in-chief-elect. THE GAVEL Page 4 CareerCareer April 2007 Allocate time Alumnus supports JAG program wisely for By Emily Honsa General or JAG training. man included in C-M’s minor- sound ways to catch drug users STAFF WRITER JAG officers specialize in ity recruitment program headed in the Army and advising on Judge William O’Neill such areas as military law, crim- then by Gale Messerman, who sexual harassment prevention successful strides into the Yours Truly inal prosecution, overseas legal has now retired from a suc- programs. restaurant in Chagrin Falls, and assistance for servicemen and cessful Cleveland practice with He supervised random urine it is instantly clear that this is women, and international law. her husband Gerry. O’Neill tests aimed at discovering co- exam prep his hometown. He knows most Founded at the insistence of qualified for the program based caine use among the national George Wash- on his status guardsmen, and he even assisted By Karen Mika of the servers by name, and as LEGAL WRITING PROFESSOR they come over to the table to ington in 1775, as a Vietnam the Department of Defense in What is the best way to prepare for final greet him, it is obvious that he the JAG Corps veteran. He providing security for the At- exams in terms of apportioning time? is a favorite. stemmed from had been out lanta olympics. As with all endeavors, the best prepara- The C-M alumnus has had the appoint- of school for At one point in Atlanta, tion is knowing the material. his share of personal tragedy— ment of Wil- ten years and O’Neill had to appoint his Hopefully, each student spent the ad- his wife passed away years ago liam Tudor as purchased a still-green assistant—a fellow equate amount of time during the semester in a car accident, and his son, re- a Judge Advo- cottage on Ge- C-M grad, and now a “big- going over the material periodically so that cently home from Iraq, became cate to assist neva-on-the- time” corporate lawyer—as reading week will not start with trying to a paraplegic due to a motorcross with the many Lake, where defense counsel for a guards- get an overview of a course. riding accident. court-martials he was em- man who would in all likelihood I am asked about outlining many times, His casual demeanor and after the Revo- ployed work- be charged with any of a host and my advice has always been that it is small-town familiarity belies lutionary War. ing on a politi- of crimes, including murder. not the concept of the outline that mat- his experiences. First, he was a Their mission cal campaign. It was unclear whether he’d be ters, but the notion that the student has an National Guardsman command- is to support the soldier and the O’Neill would drive an tried under municipal, Georgia, understanding of the material that has been ing a cavalry unit. military; to act as prosecutors, hour to and from school each or federal law. covered in a given unit. In the blizzards of 1978, the advisors, and defenders—a tall day. Luckily, he was able to In a film worthy exchange, Some people work Army activated his unit to save order indeed. combine these drives with a when his inexperienced as- Legal well from a sparse outline. Northeast Ohio, and O’Neill Rising to the ranks of captain fellow classmate, then-school sistant hesitated, O’Neill said Some people work well was part of the project as a in the Army, and then becoming teacher Bill Kobelak, who now firmly, “We are JAGs. You are Writing from constantly rewriting tanker. The heavy snowfall had a JAG officer, was an influential practices law in the Geneva/ his lawyer. That is everything material. Others work forced the Army to use tanks to experience for O’Neill. Ashtabula area. you need to know. Now get in well with tapes that give an open the roads, and a team of “The amazing thing about Kobelak provided the there, and tell him not to talk to overview of a particular subject. tow trucks was stationed at dead being a JAG is that you are an wheels, a new Ford pickup, anyone but you.” In any event, Reading Week should not man’s curve. advisor to generals, admiral,” and O’Neill took care of gas If you are interested in the be the time to start constructing an outline After law school, he left the said O’Neill. “A 25-year-old and parking. The long drives al- Army JAG corps, visit their for the sake of writing an outline. Army. But at the encourage- JAG will be advising a 50- lowed the two to discuss school Web site at http://jagcnet.army. Assuming that you have a decent grasp ment of his best drinking buddy, year-old career soldier who for two additional hours. mil/ or the recruiting Web site, of what went on in the course during the who had since become a two- commands 3,000 people, and As a JAG, O’Neill handled http://www.goarmy.com/jag/. semester, the object would be to parcel out star general, he was soon per- the soldier is hanging onto every complex and extremely diverse Interviews can be arranged the time in reading week so that each course suaded to head to the University word.” issues. These included advis- through the Office of Career has some review. of Virginia for Judge Advocate O’Neill was the only white ing generals on constitutionally Planning. It is important that you schedule this time rather strictly and that all courses have some form of review. Part of the scheduling has to do with your exam schedule, what exam is first, and how many days you might have between C-M students volunteer with Cleveland City exams. Although it is important that all courses Schools in Mock Trial and 3R’s programs be covered during reading week, it is equally important that your last preparation be for By Chris Tibaldi Process. The students will then be given a same to four outstanding students. your first final exam. STAFF WRITER fact pattern based on a real case involving C-M students have also benefited from The best way to prepare for exams is not There are a myriad of activities that a high-school students. the experience. C-M alumna Susan Seacrist simply to go through outlines and notes and law student can participate in at C-M. Small groups form, and they discuss oth- participated in 1991, but still remembers the think about the law. The hardest part is often not lack of er fictional stories based on real cases. After experience fondly. The best way to prepare is to actually do interest, but lack of time. One of the activi- this, the whole class comes back together to “We worked at Shaw High School, sample exams, either those on file, or those ties that many students are taking part in is discuss why the law has been interpreted in and the students were energetic and really in commercial books. the Cleveland Bar Associations Three R’s, the way it has. They discuss the Supreme responded to the opportunity to present their Ideally, if time allows, the best prepara- Rights, Responsibilities and Realities, and Court holdings, levels of scrutiny, and the side of the case,” Seacrist said. tion is to do exam questions under exam Mock Trial competition in which lawyers, student’s personal opinions on the decisions. Daiker-Middaugh has had the same conditions and compare the answer with any judges and law students help high school Finally, there is counseling component experience. sample answers that might be available. students in the Cleveland area. designed to stimulate student’s interest in “The biggest surprise has been the high Another alternative is to use exam ques- Pamela Daiker-Middaugh, the director careers and post-secondary education. level of motivation of the students,” Daiker- tions as the basis of group discussions in of the pro bono program at C-M, is the li- The Mock Trail completion is an extra Middaugh said. study sessions. The group mind generally aison with the Cleveland Bar Association, curricular activity that, for a time, was only With so much negative press about fleshes out gaps in knowledge that some and she helps run these programs. being done by suburban schools due to the students in Cleveland schools, this program people may have. Right now, there are about 80 students extra costs. The Bar Association, along appears to be one small way for the com- What is also important is cleaning the and faculty from C-M involved in either with volunteers, resurrected this program munity to recognize the multitude of talents slate after an exam is taken. the Three R’s or the Mock Trial. Both of in Cleveland. According to Daiker-Mid- that the students have when given a chance Although there is a propensity to want these programs directly involve law students daugh, this has been a great success for the to shine. to rehash the questions on an exam, the best and attorneys working with high school students. “The kids were so quick on their feet. thing to do is to conclude the first exam students who either need to pass their Ohio “Last year, the tenth anniversary, there In fact, many of them could give some and then immediately begin preparing for graduation test, or need encouragement for were four high school students from the attorneys a run for their money,” Seacrist the second one, and to do that after each their future. schools who were offered summer jobs added. exam. The Three R’s consists of a group of in the municipal courts based on their Daiker-Middaugh sees that this program Try to keep time productive, and try to students, attorneys, and judges who go into outstanding performances,” Daiker-Mid- as equally beneficial to law students. “This be methodical. the classrooms of every high school govern- daugh said. is fun, and more importantly, it helps law Set aside certain time periods to do ment class in the city of Cleveland. They These included students who acted as at- students get more involved in the com- certain tasks. work together to present one of the rights all torneys or witnesses, and one who wrote the munity, something all attorneys should be Also take care to get adequate rest. citizens have listed in the Constitution. outstanding essay based on the fact pattern. doing,” she said. There is no such thing as cramming in order The ways these lessons are presented All of these students completed their sum- C-M students and faculty performed to do well on a law school exam. are extremely well thought out. First, the mer jobs and are now considering careers in 10,000 service hours last year. The program Good Luck! group introduces the topic, for example Due law. This year’s Mock Trial will offer the will be offered again in the fall of 2008.

Professor Sundahl denied Dyslexic 1L tries out for toom CSU opens lab testing toxicity of admission to pg-13 movie court taem, gets picked microwave and fridge bacteria

LAW, PAGE 4 OPINION, PAGE 5 CAREER, PAGE 6 THE GRAVEL VOLUME 55, ISSUE 6 APRIL 2007 SPECIAL INSERT THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW

O’Neill, Ghandi finalist for Nicest C-M dissolves affiliation with CSU Person to Ever By William Marbury Live Award CO-EDITOR-IN-CHIEF By Susette Kelo Cleveland-Marshall College STAFF WRITER of Law Dean Geoffery Mearns New York--The United Na- announced the law school’s plan tions, in a closed session, has to break its affiliation with Cleve- announced the finalists for the land State University and join St. commemorative award to be given Ignatius High School at a press to the nicest person to ever live. conference on Tuesday. The semi-finalist field was The proposed change would competitive and heated, though make C-M the first law school in O’Neill and Ghandi ultimately the United States to claim an affili- beat out Mother Theresa and ation with a high school. Jesus. Mearns acknowledged the “Mother Theresa was close, gravity of the decision, but re- but Jesus severely lacked support mained steadfast in his conviction from the Asian constituency,” that it was in the school’s best commented Abdullah al-Masri, interest. chairman of the elections com- “There will definitely be some mittee.” significant changes ahead, but I O’Neill commented on his believe that Cleveland-Marshall ascendancy into the finals. will reap great rewards from this “I am really sorry for everyone move, including a much prettier Eager to annouce the new affiliation with St. Ignatius, C-M spray paints the new logo. who didn’t make it to this level. campus, and a superior athletic You all gave excellent answers program,” Mearns said. C-M wanted to secure its merger schools are still ironing out the will provide,” said St. Ignatius during the quarter and semi-final When asked why C-M would with St. Ignatius before the Case details, both sides agree that C-M President, the Reverend Timothy rounds, and for that you should break off from CSU after a sym- Western School of Law finalized and St. Ignatius are a natural fit: P. Kesicki, noting that most of the be applauded,” said O’Neill. “I biotic 38-year union, Mearns its plan to merge with University “Sure, they’re going to have to top lawyers and judges in Cleve- sincerely apologize that the na- explained that “it was simply time School, the prestigious private stop admitting women, but the land are St. Ignatius Alumni. ture of the competition requires for a change.” preparatory school in Hunting remaining students stand to benefit The C-M community met the An unnamed high-ranking law Valley. immeasurably from the network- announcement with mixed reac- See O’Neill, page 2 school official later revealed that While officials from both ing opportunities that Ignatius See IGNATIUS, page 2 OCP secures Subway for fall interview program By John W. Terry meet Jared and John Lovitz, beloved and light weight khakis as opposed to STAFF WRITER Subway celebrity sponsors. stuffy suits. The Office of Career Planning Subway is not looking for a The restaurant chain’s vicinity to announced that Subway, located on E. particular G.P.A., and does not care the law school was one of the reasons 18th and Euclid Avenue, will be added whether applicants are members of C-M approached Subway about offer- to Simplicity for the Fall Interview Law Review or Journal. ing students positions. “We’ve heard Program in an effort to give students “This is a perfect opportunity for complaints that OCP isn’t responsive in the bottom 25 percent an opportu- our poor performing students,” said to lower-ranked students, so when I nity to participate in the FIP. OCP. “Let’s be honest, students in the was at Subway getting lunch one day, The summer associate position bottom of the class have no chance I thought I could kill two birds with with Subway is not legal, but entails of getting legal jobs for the summer, one stone: see if Subway would be the assembly of submarine sand- and Subway at least pays minimum willing to hire some of our students, wiches with a variety of fresh meats wage,” added OCP. and get myself a delicious sandwich,” and vegetables. Subway has many opportunities said one OCP representative wishing Associates or “sandwich artists” and experiences that summer clerks to remain anonymous. may be required to pour bowls of at Jones Day, Squire Sanders, or any “The bulk of our time has to be soup for patrons. But, this is unlikely of the other big firms just can’t get. devoted to getting people in the top 10 because of the unpopularity of soup Subway associates have relatively no percent jobs, so we really didn’t have during the summer months. stress, except at lunchtime between much time to go anywhere but across Highlights of this program in- 12:00 p.m and 2:00 p.m, and will be the street for the rest of our students,” clude the possibility for students to able to wear comfortable cotton polos added the anonymous source. THE GRAVEL Page 2 LawLaw April 2007 3L student dresses for success The Journal of Law and

By Thomas Gibbons STAFF WRITER Health to begin publishing The outgoing class of 2007 chose fellow student Fred Pa- palardo as “Most Likely To Look exclusively on myspace.com Like A Lawyer.” In the final tally, it was no By Salim Ahmed Hamdan contest, as Papalardo gathered 100 STAFF WRITER percent of the total votes. The editorial board of C-M’s Journal of Law and Health announced He accepted the award at the on Tuesday that it will begin publishing the quarterly journal exclusively Barrister’s Ball, wearing a Calvin on Myspace.com, the popular social networking Web site. Klein Three-Buttoned Non-Vented In a press release citing the growing costs of publishing a printed Tan Micro Suede Sport Coat. journal, co-editors-in-chief Anupriya Krishna and Austin McGuan Papalardo thanked his class- suggested that the new format will have the added effect of increasing mates for the award, but cut his readership. “Law and health are important topics that effect the lives of acceptance speech short, adding every man, woman and children alive, and we believe that publishing on that he had “a [big]-load of work Myspace will allow us to reach past our traditional audience of lawyers and legal scholars, and help to educate and inform the general population, to do for [the] trial team.” Papalardo’s impeccable fashion sense has also scored him his including promiscuous teenagers and sexual predators.” The C-M community has long hot fiance, Jen. recognized Papalardo’s superior ing, and Gary R. Williams, As- Papalardo discussed his plans for In a growing trend, many scholarly journals are turning to online fashion sense, and most students sistant Dean for Student Affairs, the future. publication as a means of cost-control. and faculty alike agree that if suggests that Papalardo’s unique “I’ve got my eyes on a Brooks “Modern legal research is conducted almost exclusively through they ever needed a lawyer, they ability could be a major driving Brothers Linen Twin Stripe Sport online database services, such as Westlaw and Lexis[Nexis], so online would want one that looks like force behind a promising career: Shirt for the firm picnic,” Pa- publication makes good fiscal sense for many such journals,” said legal Papalardo. “Normally, I try to encourage palardo said. writing professor Karen Mika. In addition to his well-tailored [Cleveland-Marshall’s] students In addition to the formal recog- Senior editor Jack Mills anticipates many advantages to the new suits, Papalardo maintains a con- to prepare diligently for the bar nition of his classmates and future format. “We’ll be able to post pictures from the annual social at Dive servative, yet fashionable, hair-cut, exam, but with Fred, I don’t think colleagues, SBA President Scott Bar! Plus, we can use the money we save towards an open bar- it’s [a] and his eyeglasses further suggest it really matters. No judge or jury Kuboff presented Papalardo with win-win [situation],” said Mills. a respectable level of intellectual would ever question his place in a a $50 gift certificate to the Men’s When asked whether the Cleveland State Law Review, C-M’s other achievement without emitting an courtroom.” Wearhouse, which Papalardo publication, would consider a similar change, Chan Carlson, executive air of pretentiousness. In a recent telephone interview promptly gave back to Kuboff, editor, responded, “We’re not looking to make any changes just yet, The ability to “look the part” during his seven minute lunch adding that he “wouldn’t be caught but if we do, we would probably publish on Facebook.com, which we is an essential element of lawyer- break at Reminger & Reminger, dead shopping there.” believe to be a little bit more sophisticated than Myspace.” Gavel staff declares war on Student Bar Association By Douree Mapp debate ensued. “Um, what are they talking tive blue face paint for the occasion. mouth. STAFF WRITER about?” commented columnist John Rose, Gavel staff charged the line, but first Paul Deegan, on the other hand, could Under increased personal attacks and a big 3L with a big attitude. met near disaster when SBA President Scott not commit. He was seen to the side engag- possibly with jealousy as a partial motive, “I think they’re on drugs,” responded Kuboff greeted the charging Romer with a ing in a self-fighting scene similar to the one the three Co-Editors of The Gavel convened investigative reporter Kevin Shannon. kick to the balls. Edward Norton engaged in during the hit last Thursday in a secret meeting to discuss After general debate, the resolution Kuboff adorned his favorite steel toe movie Fight Club. the final solution to the SBA problem. declaring war on the SBA was passed by an boots for the occasion. After the melee cleared, few were left “Those guys are bastards,” commented eight to four margin. Paul Deegan and Em- However, the Gavel staff rebounded, standing. No one seemed to have won. The Margan Keramati, the war-hawk editor of- ily Honsa, members of both organizations, as Emily “bat out of hell” Honsa sucker writers and senators, broken, beaten, and ten considered the impetus behind the push respectfully obstained. punched SBA treasurer and President-elect torn, returned to their respective offices. for action. “They think they run this school, After the resolution was presented to Nick Hanna. Gavel contributor Chuck Northcutt, when we all know that the press always wins the SBA, battle lines were drawn in the Honsa had initially lined-up as an SBA while smoking a Black and Mild, had the – you hear that – we get the last word, and cafeteria. Gavel staff and editors on one Senator, though this was all Tom Foolery following to say about the event: “Ehhh – I we always win.” side, and SBA senators and exec board on and balleyhoo. Her loyalties obviously lied just want to put my two cents in here…. Kathleen Locke, the senior Editor on the other. with the newspaper. Uhhh, speaking as a man here. Ya, know, I the staff and generally considered the voice “They can take our office, they can take 2L senator Greg Gentile, forgetting that mean, come on over here. Sometimes you of reason, stated, “I am so sick of hearing our discretionary funding, but they’ll never he was no longer in West Virginia, ripped off gotta bada bing, and sometimes you get bada about task forces.” take our FREEDOM,” chanted Gavel Editor his shirt, exposing not only multiple white- bada binged. Ohhhhhh!.” Upon a unanimous vote by the editors, Shawn Romer while pacing up and down trash tattoos, but also massive amounts of Former SBA Senator and Mr. Law the war resolution was presented to the gen- the melee line on his horse Smokey. Romer body hair. Veteran Senator Mandy Shaer- School Brian Hardman responded, “What eral body of the Gavel Staff Writers. Some adorned his favorite cowboy hat and decora- ban reacted by throwing-up a little in her the hell did that mean?” O’Neill: apologizes for niceness Ignatius: C-M hopes merger Continued from page 1-- “O’Neill would have sat down The finalists will be subject to a with them, had some tea and three-tiered test to determine just that there only be two finalists. krumpets, and apologized that the who is the “Nicest Person to have will increase ranking In fact, I apologize that the term nature of the Europeans was to Ever Lived.” The competition Continued from page 1-- “finalist” denotes that there can rape, pillage, and plunder other will include a Q&A, a talent por- tions. be only two.” cultures,” Morrison said. tion, all followed by a swim-suit When told that the new arrangement would restrict admissions to O’Neill then apologized for “O’Neill would have made it competition. Roman Catholic men, 3L Kathleen Locke said, “God! That sucks. I’m any lack of clarity in his preceding clear that the British really did give Ghandi, again because he is glad I’m graduating this year.” apology. an excellent effort at civilizing the dead, will be re-created in a virtual Tim Paluf, a third-year joint degree (MBA) candidate was more than Ghandi, because he is dead, rest of the known world, but that reality program to determine his happy with the announcement: “That’s great! I’m gonna have to ease was unavailable for comment. their methodology was just a little scores. back on my course load so I can squeeze out another few years here. Jim Morrison, a political com- bit slightly kind of a tad off,” Mor- “I’ll nail the Q&A, and no one How are they looking at quarterback for next fall?” mentator who has been following rison added. can beat my talent of ball room St. Ignatius Head Football Coach Chuck Kyle expressed some doubt the race, commented, “this one is “I mean, come on. Can you dancing, but I’m having trouble that the merger would affect the composition of the school’s athletic going to be close. I mean, Ghandi see Ghandi teaching Civ Pro or getting a waxing appointment for squads. did some great things. But, let’s evidence? The guy would just sit the final round of the competition,” “We’ll have to check with [the Ohio State High School Athletic be honest. If O’Neill were in there and be hungry.” commented O’Neill. Association], but I’m pretty sure we can’t have post-graduate twenty- Ghandi’s position, the whole thing The United Nations will an- In the mean time, the entire somethings playing for us,” Kyle said. with the British would have ended nounce the winner of the presti- world awaits the results in eager Kyle also indicated serious doubt that “any of those geeks would much quicker.” gious award in the coming months. anticipation. have a snowball’s chance in hell of making the team anyway.” THE GRAVEL n SPECIAL INSERT APRIL 2007 n 3 Former House Rep. James Overzealous 1L can’t believe his Traficant to Chair C-M family and friends have never Illegal Writing Department heard of Judge Learned Hand By Carroll Towing versity, Eric Stratton, says that Ultinara’s outrage is By Helen Palsgraf STAFF WRITER nothing new: “I remember during sophomore year, STAFF WRITER First-year student Matt Ultinara finds himself Joe got all excited because I didn’t know some guy James A. Traficant, Jr., the hopelessly frustrated with his family and childhood named Noah Chompy. He kept saying how this guy former Democratic Congressman friends, the vast majority of whom are not familiar was ‘one of the most influential something-or-others’ from Youngstown, Ohio, will chair with renowned Judge and legal scholar Learned in the world. Whatever, I was a finance major. What C-M’s new illegal writing depart- Hand. kind of name is Chompy, anyway?” ment upon his release from federal “Whenever I so much as mention his name, I get C-M Professor Stephen Gard was not surprised prison in 2010. these blank stares,” said Ultinara, shaking his head to hear of Ultinara’s passion for Judge Hand’s work. Though Traficant has no for- in disgust. “I mean, [come on] people, we’re talking “There’s always a few first year students who get so mal legal training, he has worked about one of the most influential figures in American consumed with some aspect of law school that they closely with lawyers throughout Jurisprudence.” start to lose perspective on the outside world, but his career in Congress. Judge Hand, who served as a federal judge on both they tend regain their composure towards the end of An open letter from the C-M the Southern District of New York and the Second the year, usually after their girlfriends dump them faculty association expressed hope Circuit Court of Appeals between 1909 and 1951, and their friends stop hanging out with them.” Gard that the acquisition of Traficant is widely regarded among legal scholars as one the chuckled, adding “don’t print that last part, OK?” will lend instant credibility to the most influential judges in the history of the United While Ultinara has found endless frustration in his new department, and place the law training students to craft plausible States, despite the fact that he never served on the loved ones, his single-minded dedication has paid off school at the forefront of the grow- legal defenses for defendants who U.S. Supreme Court. in the form of excellent grades. ing field of illegal advocacy. are obviously guilty. Nevertheless, Ultinara says that most of the people He ranks among the top five percent of his class, Traficant, who was convicted “Just because you did it doesn’t he talks to outside of the C-M community are essen- and hopes to parlay this success into a high paying on ten felony counts, including mean you should have to accept a tially oblivious to Judge Hand’s work. summer associateship after his second year of law bribery, tax evasion, and racketeer- plea-bargain,” said Traficant, “My dad thought I was talking about that dog from school. When told of the prestigious firms that were ing, will also act as advisor to speaking from a prison phone the old Rocky and Bullwinkle Show- you know, Mr. already expressing an interest in Ultinara, his father, the Johnny Cochran Moot Court behind two inches of bullet-proof Peabody,” Ultinara said. Dave, replied “Jones Day? Wow, doesn’t he play Team, which will specialize in plexiglass. Ultinara’s former roommate from Xavier Uni- linebacker for the Steelers?” Mr. Law School refuses to enter rehab, loses crown By Clarence Earl Gideon man. “Without this title, I’d be just nating photos were posted on the keep his title as long as he got help plot and arrested him. STAFF WRITER another regular law student.” internet. for his problem. This time the committee was In a surprising development Unbeknownst to him, these The photos, showing Hardman However, it became apparent not as forgiving. They immedi- last week, Brian Hardman, the statements would become a self- in various stages of undress, were that Mr. Law School’s lifestyle ately stripped Mr. Law School newly crowned Mr. Law School fulfilling prophecy, in what must quickly distributed on Myspace was out of control. Just weeks of his title and forbid him from was forced to resign after a series be one of the swiftest falls from and Facebook. Eventually, the later, an undercover sting opera- ever entering another law school of scandals raised serious ques- grace in the history of C-M. photos made their way to the Mr. tion busted Mr. Law School for pageant. Now, Mr. Law School tions about his ability to maintain Hardman let the power of his Law School Pageant committee, attempting to trade his LexisNexis is a sad, broken man. Without the the integrity of his title. “I am truly crown go to his head. He began to who demanded that he explain. reward points to other students for title he worked so hard to win, he sorry that a few lapses of judg- frequent the downtown Cleveland At a meeting, Hardman ex- alcohol and marijuana. is just another law student. ment have forced me to give up clubs and bars, where he found plained that the fame went to his Mr. Law School’s partying He hopes that his experience the position that I fought so hard a steady stream of groupies and head, and that he had a problem had gotten so out of control that will serve as a lesson to future to achieve,” said Hardman in a admirers. Every bar he entered with alcohol. He asked for one he had maximized his federal and Mr. Law School’s, about the high released statement. found him besieged with partiers more chance and begged the com- private loans, which he then spent price of fame and glory. Sum- Upon winning, an elated Hard- hoping to catch a glimpse of the mittee to let him keep the crown on alcohol and drugs. With noth- ming up his roller coaster ride, he man exclaimed, “I’ve accom- man and his crown. that he had worked so hard for. ing else to his name, he was forced stated, “I had everything a man plished all I ever wanted to do in On the outside it looked like he The next day, the committee is- to resort to barter his LexisNexis could ever want, but I threw it all law school.” Winning the title was had it all, however the sad reality sued their decision. They decided points, his one remaining asset. away for cheap thrills.” Without a lifelong dream and the pinnacle would soon become apparent. It to give Mr. Law School another However, an undercover campus his beloved crown, now all he has of his law school career, said Hard- began when a series of incrimi- chance, and would allow him to police officer caught wind of the are memories. THE GRAVEL C-M diversifies by admitting zombies CLEVELAND-MARSHALL COLLEGE OF LAW By Jane Roe “I think the zombies add greatly to the ternative nutrition petition to the university CLEVELAND STATE UNIVERSITY classroom environment,” one C-M professor was responsible for raw meat being stocked 216.687.4533 TELEPHONE STAFF WRITER 216.687.6881 FAX Diversity is one of the integral founda- said. “They fumble with words sometimes, in every vending machine on campus. He tions of C-M. The college prides itself on and they can’t write complete sentences, but has also chaired several task forces. providing opportunities for minorities and they’re an asset to this law school. In fact, Another zombie student recently made unconventional students. However, admin- most of the time, I can’t even tell which the moot court team. istrators realized that one ethnic group was students are zombies and which are human. “She has a presence unlike any other absent from the law school: the undead. It’s been a seamless transition.” student on moot court. When she argues Beginning last summer, C-M attempted Human students have also embraced her brief, people pay attention. She started to rectify this problem, heavily recruiting their zombie peers. chewing on a judge during a practice ses- “I know two zombies, and they’re both sion but, to me, that means she’s highly Editors-in-Chief from traditionally zombie communities and William Marbury schools. As a result, 15 zombie students good guys,” one human student commented. motivated,” a moot court advisor said. applied and were admitted to C-M. “They’re smart and funny and the smell isn’t The zombie students have even created Staff “Just because they don’t have souls nearly as bad as everyone assumes.” their own organization, the Zombie Law Clarence Earl Gideon doesn’t mean they shouldn’t be allowed to “I’m actually dating a zombie,” another Society. The ZLS has been involved in Thomas Gibbons learn law,” one administrator said. “I have human student said. “A lot of people told numerous charitable activities, including a Salim Ahmed Hamdan confidence that there are plenty of excellent me that it would be hard to be with someone canned goods drive and a visit to a children’s Susette Kelo Douree Mapp soulless lawyers, and I hope that C-M can of the undead persuasion, but I don’t think hospital. Raising awareness of the rights Helen Palsgraf produce even more.” so. My girlfriend is a person like anyone of the undead, or living-impaired, as ZLS Jane Roe The zombie students began classes in else. She has feelings and thoughts and zombies prefer to be called, is one of the John W. Terry the fall and, so far, they’ve had only positive dreams. We have to sew her right arm organization’s primary concerns. Carroll Towing experiences. together sometimes, but that just brings us Overall, C-M’s plan to diversify the When asked what he liked most about closer.” student body with a blind eye toward DISCLAIMER: THIS IS A WORK his experience at C-M, one zombie student “Really,” the same student joked, “the consciousness has been a complete suc- OF SATIRE. ANY SIMILARITIES answered “brains.” This stands as a testa- biggest problem in our relationship has been cess. Zombies walk the halls of C-M with TO ACTUAL PERSONS, PLACES OR EVENTS, WHETHER INTEN- ment to the remarkable intellectualism ex- that she’s in a different 1L section.” pride. TIONAL OR NOT, ARE NEVER- emplified by every C-M student and faculty Zombies have also contributed signifi- They have shown themselves to be as THELESS COINCIDENTAL. member. At C-M, brains are clearly valued cantly to student organizations. able to practice law as any human. Indeed, over all else, and it reflects in the zombie One zombie student was elected to an zombies have become the future of C-M, student body. SBA senate seat earlier in the year. His al- and what a bright future it is. THE GAVEL THE GAVEL n POLITICS

Page 5 LawLaw April 2007 Anti-war activists engage in counter-recruitment

By Dan Kelley risk your own life for leaders you catchall language in the enlistment the actions of Military Families dence to confirm even a single STAFF WRITER might not respect or trust.” Khan’s agreement that provides that the Speak Out and Bring Them Home such incident, the belief that Despite poll numbers showing efforts to hand out his flyers led terms of the agreement can be Now, suggesting that their ac- Vietnam veterans were spit on, dissatisfaction with the course of to tense confrontations on the changed, “REGARDLESS of the tions amounted to “protesting the has been deliberately cultivated, the Iraq occupation, little in the George Mason University’s cam- and largely accepted, in order to way of principled anti-war activ- pus, where he was a student. foster a reflexive support of all ism has been on display through- According to Progressive mag- Besides the obvious physical dangers to things military. out the United States. azine, Khan’s exercise of free oneself, activists point out the deceptive “These questions [about the One notable exception is a speech provoked an aggressive advisability of volunteering for small but determined band of reaction by individuals and the nature of military advertising regarding military service] are topics of counter-recruitment advocates police. A marine who served in tuition benefits as well as social science legitimate discussion and we who have become active in their Iraq confronted Khan by tearing deserve to be able to talk them local communities, by seeking to the homemade sign on his chest. data indicating that volunteers tend to do through without fear that any skep- dissuade people from joining the In response to Khan’s question more poorly financially than others from ticism about the received wisdom military. of, “how many people did you on military service will be taken as While the names of groups kill?” the marine responded, “not comparable socio-economic backgrounds. an expression of hostility” towards like Military Families Speak Out, enough. I want to go back and kill military personnel, Lembcke con- Bring Them Home Now, and the more,” according to the Progres- provisions of the enlistment/reen- troops.” tends. Iraq Veterans Against the War are sive magazine article. listment document.” While Rieckhoff does not Reactions to statements by obscure, the military is apparently The confrontation led to Khan’s With issues such as the so- claim to represent a pro-peace Jack Murtha, U.S. Rep. and former concerned as evidenced by their arrest, but criminal charges were called “back door draft,” which viewpoint, he is often cast in that Marine, suggest Lembcke won’t strong reaction to counter-recruit- dropped at the behest of the uni- forces enlistees into deployments role on cable talk shows, illuminat- get his way. When asked if he ment efforts. versity and local ACLU branch. far beyond what many envisioned ing one of the little mentioned re- would still advise people to join Different groups emphasize Under the “No Child Left Be- when joining, receiving media alities of the contemporary media the military Rep. Murtha response different points when addressing hind Act” schools are compelled to coverage, these warnings in par- landscape; arguments about the that he would not, brought hostility potential recruits. provide the military with personal ticular, have found traction. execution of the conflict are preva- not only from supporters of the Many argue that deciding to data about students in order to Some groups and individuals lent but, principled opposition to Bush Administration but numer- join the military is against the facilitate recruitment. Teachers step beyond the bounds of main- war is all but nonexistent. ous self-proclaimed “anti-war” potential enlistee’s material self- and school officials offer students stream discourse to suggest that But does this reflect the reality commentators. interest. Others emphasize the a wider variety of perspectives volunteering to fight, in what they of the country’s attitudes towards Many concluded that Murtha dehumanizing effects of the rigidly on the wisdom of volunteering view as an unjust war of aggres- the war? Polls show the public was attacking the valor of the authoritarian military hierarchy have been met with significant sion is ignoble, regardless of the views the war negatively but, there troops and was wrong for ques- and the requirement to commit difficulties. “patriotic” justification offered. is little political pressure to bring tioning the advisability of military acts of violence, regardless of Despite a string of court rul- This questioning of the fun- it to a swift end, as evidenced by service, despite the admittedly ill justification and at the whim of ings barring viewpoint-based dis- damental precepts of American Hillary Clinton’s recent statement conceived nature of the adventure one’s commanders. crimination against peace groups political discourse has provoked to that she in Iraq. Antiwar slogans from the Viet- in schools, counter-recruitment hostility and confusion. In a media would keep “non-combat” troops While the efficacy of the coun- nam Era such as “Join the Army. activists and teachers have had a environment where critics and in Iraq, in the event she wins the ter-recruitment push is unknown, Visit strange and exotic places. difficult time in offering alterna- supporters of the Bush adminis- Presidency. the military has found meeting Meet fascinating people. And kill tive opinions due to political sen- tration’s conduct of the war are A specter hangs over pro- recruitment goals difficult. them,” are echoed by contempo- sibilities and public reaction. dominant, principled arguments peace activities in general, and More recruits with felony re- rary advocacy such as a picture Besides the obvious physical against U.S. involvement in Iraq counter-recruitment efforts in cords, and those who didn’t finish from Abu Ghraib with a caption dangers to oneself, activists point (and militarism more generally) particular, in the form of a potent high school are being accepted to reading, “Joining the military is out the deceptive nature of mili- often cause bewilderment. urban legend. In Spitting Image, meet the demand for soldiers. hazardous…to your humanity.” tary advertising regarding tuition The more confrontational Jerry Lembcke, Vietnam veteran Ultimately, the military’s in- Tariq Khan, a 28-year-old Air benefits as well as social science and unconventional tactics of the and sociology professor at Holy ability to engage in a perpetual Force veteran summarized the data indicating that volunteers tend counter-recruitment activists has Cross University, examines the occupation of Iraq due to lack of objections to military recruitment to do more poorly financially than rankled many self-proclaimed crit- sources and functions of the myth sufficient personnel may prove in his own home made flyer. He others from comparable socio-eco- ics of the Bush Administration’s that Vietnam veterans were spit on a greater hedge on the strategic states, “[F]irst, you have to submit nomic backgrounds. “conduct of the war.” by anti-war protestors when they ambitions of the current and to authoritarianism; second, you United for Peace and Justice, Paul Rieckhoff, executive returned home. subsequent administrations than have to commit human rights ostensibly the largest umbrella director of the Iraq & Afghanistan According to Lembcke, de- the souring domestic political violations; and third, you have to peace coalition, highlights the Veteran’s of America attacked spite a total lack of reliable evi- environment.

Elected SBA executives discuss upcoming year

By Paul Deegan Q. What are your thoughts on running A. We hope to use our office by doing recognition within the community by local STAFF WRITER unopposed? exactly what our campaign slogan states: government and businesses. SBA held its officer election last week A. If we are unopposed due to apathy in “Putting Students First.” A major thrust of This goal requires giving students the for the 2007-08 executive officer positions. the student body, then I am disappointed. In what we’d like to do is expand the scope atmosphere necessary to help them to be The winners, Nick Hanna, president, Rae joking around with many of my colleagues, of SBA sponsored events so that a broader successful, including comparable exam Lynn Wargo, vice president of program- it has been said that our ticket simply “could range of students will be attending. rescheduling policies. To this end, we plan ming, Anthony Scott, vice president of not be beat.” In addition to our platform, I really want to work to make the 24-hour exam resched- budgeting, and Lydia Arko, treasurer, ran I would love to think that if such a state- to accomplish whatever the students want uling policy permanent. on an unopposed ticket. ment were true, it is based on the quality of to see happen. As always, there must be balance in The Gavel asked the officers-elect about the character that Nick, Rae Lynn, Lydia My hope is that by this time next year, everything you do, so we intend to help stu- why they ran for office and their plans for and I possess, and not some misperceived we are being flooded with ideas from stu- dents maintain a balanced lifestyle outside next year. “popularity.” dents - not because we aren’t doing enough school by providing community volunteer Q. What compelled you to run for of- We each take our roles very seriously - but because they know we will get it done, opportunities and social activities that are fice? and a lot of deliberation occurred before we said Hanna. enticing to all C-M students. A. I had such a rewarding experience as committed to running as a ticket. Q. What’s the single biggest problem Finally, we hope that we can help to an SBA senator that I wanted to continue I just hope that the student body recog- at C-M, and how do you, or the ticket as a facilitate a more unified environment where that at another level. Being a part of SBA nizes our commitment and does not presume whole, intend to fix it? all student types will feel welcome and sup- has been my favorite aspect of my time that we take this responsibility lightly be- A. I think it is a clear goal of both the ported, whether they are traditional full-time here at C-M. I love being able to fight for cause we were unopposed, said Scott. SBA and the administration to make C-M day students straight from undergraduate the issues that are important to the students Q. How will you use your office, specifi- competitive with other schools with respect institutions or adult part-time evening stu- here, said Wargo. cally, to benefit the students? to bar passage rates, academic standing, and dents with families, said Arko. THE GAVEL n POLITICS APRIL 2007 n 6 TheThe PoliticalPolitical BroadsideBroadside President Bush’s Legacy Debated

By Bradley Hull By Joseph Dunson CONSERVATIVE GAVEL COLUMNIST LIBERAL GAVEL COLUMNIST Historians will judge George W. Bush’s presidency President George W. Bush will be known as “the great highly favorably, barring the future occurrence of tragedy divider” who polarized the American people and alienated on a scale not seen since before he took office. our allies in the international community. Many will con- Presidential “rater” James Taranto recently observed that sider him to be one of the worst presidents in our nation’s historians generally judge those presidents that boldly faced history. The damage caused in his eight years will take unprecedented challenges favorably, and that their degree generations to repair. of success separates the great from the “above average.” In 2000, President Bush touted his ‘compassionate If true, this would virtually assure Bush a top-third rating conservatism.’ It is difficult to identify any group, save the among his predecessors. corporate elite, upon which Mr. Bush has since showered President Bush successfully and boldly handled the genuine ‘compassion.’ The burdens of his mistaken war are unprecedented challenge of securing the U.S. homeland against large-scale international carried on the backs of young men and women from poor and middle class families, while terrorism. He oversaw the implementation of numerous anti-terror measures in response to its spoils go to the war-profiteering Halliburton Corp. His fast-tracked trade agreements 9/11, the worst terror strike in world history. As a result, for nearly six years Islamofacists continue to suck high-paying manufacturing jobs from our middle class so that corporate have been stymied in their attempts to again strike the United States despite their tragic executives and rich shareholders can realize greater returns on their investments. Mr. Bush success in westernized London, Spain, and India. As Bush wisely reminds us, continued has avoided the climate change issue for years to placate his favorite energy industry do- security requires eternal vigilance. However, historians will remember Bush’s longstand- nors. He will fail America’s future generations by leaving them with a huge trade deficit, ing success in so doing as his primary legacy. a staggering bill for the war, and no plan to reduce dangerous emission levels. Future generations will remember the wildly successful Bush tax cuts, which took President Bush responded strongly to the tragic attacks of Sept. 11, 2001, by razing the effect by 2003 and were designed to create jobs by encouraging private investment and terror-supporting Taliban in Afghanistan. Since then his administration has squandered the consumer spending. Investment rates grew 14.6 percent from 2003-2004, nearly three confidence of the American people, and our allies abroad, through a series of contemptible times the post-1970 average. Currently, the economy has grown for 22 consecutive fiscal mistakes. These include: quarters. The DOW set records 26 times between September 2006 and January 2007. (1) Going into Iraq on faulty intelligence and without adequate forces Nearly 8 million new jobs have been created since August 2003. Further, the resultant (2) Pathetically attempting to privatize social security economic growth benefited the government. The Treasury Department reported a 14.6 (3) Torturing foreigners held without cause at Abu Grhaib. percent increase in tax receipts in fiscal year 2005 and 11.8 percent in 2006. (4) Unfairly detaining foreigners without cause or legal recourse at GITMO. The non-partisan CBO’s finding that the tax cuts caused 88 percent of the income gains (5) Spying on U.S. citizens without warrants in the FISA scandal. of the middle three-fifths of wage earners from 2000-2004 refutes assertions that they were (6) Outing a CIA operative after her diplomat husband debunked the myth that Iraq “for the rich.” Further, the practically unchanged inflation-adjusted U.S. poverty rate since sought weaponry in Africa and letting Libby take the fall. 2002 dispels claims that the middle class is shrinking. (7) Leaving tens of thousands to fend for themselves in Hurricane Katrina’s after- Historians will reward Bush’s ahead-of-his-time expansion of international trade. math. Legendary economist Milton Friedman decried governmental resistance to economic (8) Firing eight U.S. attorneys under the pretext of cause for political gain. globalization because, as he stated, for over 200 years economists have agreed with (9) Allowing deplorable health conditions to persist for our wounded troops at Walter- “virtual unanimity” that free trade benefits trading partner nations and the world in its Reed. entirety. Bush, not uncoincidentally the first president with an M.B.A., has successfully (10) Rejecting diplomacy in Iran and Syria to stabilize Iraq. negotiated CAFTA and also trade pacts with 11 countries. By contrast, the United States We all know the damage caused by these mistakes. We know that we’ve lost the in- had only three before 2001. ternational community’s support, and that this President is the most fiscally irresponsible Historians will validate Bush’s failed efforts to partially privatize Social Security and in our nation’s history. We all surely know that we’ve lost thousands of young American Medicare, the latter attempt receiving the AARP’s endorsement. W’s 2007 budget forecasts soldiers in the failed war in Iraq. that Social Security, Medicare, and Medicaid will comprise nearly 50 percent of federal What we don’t know is how future administrations will harness the dangerous prec- expenditures (by contrast, at roughly $100 billion, annual expenditures comprise edents set by President Bush to justify executive power grabs and extra-constitutional roughly 3 percent). Bush’s recognition that reform is necessary to preserve a safety net actions. Will some President in the future argue that he can ignore established federal because the retirement of 77 million baby boomers threatens to require unsustainable future law because the Bush administration skated clear Congressional mandates in the FISA spending levels will also be recognized as ahead of his time. scandal? Will the next President cite one of President Bush’s signing statements advocat- Bush’s Healthy Marriage Initiative, which will likely reduce U.S. poverty, will be ing a ‘unitary executive’ to supplant Constitutional principles? remembered. The 2005 poverty rate was the 6th lowest since 1980. Most social scientists In Marbury v. Madison, Justice Marshall famously wrote “[i]t is emphatically the agree that the breakdown of families is the largest causal factor of American poverty. The province and duty of the judicial department to say what the law is.” Writer Jennifer Van Initiative combats this by removing many financial penalties on marriage. Bergen investigated the signing statement that President Bush issued upon the passage of Finally, historians will positively remember the confirmation of Bush’s appointments the McCain anti-torture bill. She concluded that “Bush asserts not only his authority to of two of America’s most highly respected jurists to the U.S. Supreme Court. internally supervise the ‘unitary executive branch,’ but also his power as Commander-in- Bush’s handling of the Iraq War, and the sluggish federal response to Hurricane Katrina, Chief, as the basis for his interpretation of the law -- which observers have noted allows will tarnish his legacy. However, the extent either will damage Bush’s image is question- Bush to create a loophole to permit the use of torture when he wants.” able, given the #10 all-time ranking C-SPAN awarded Lyndon Johnson in 1999. Johnson Such a vision of the executive doesn’t seem to square with Justice Marshall’s senti- resigned for his gross mismanagement of the ten-times-bloodier Vietnam War. ment, does it? Thanks to the editors, Joe, and those who read any of my columns since last April, I’d like to thank Brad, the Gavel staff, and all who’ve read our columns this year. It’s whether you agreed or wanted to see my nose broken (again). been my distinct pleasure to write them. Good luck on finals and the bar exam. Liberal rebuttal... Conservative rebuttal... Thousands of young Americans and countless Iraqis have died in an indefensible Got facts? war. Bush’s tax cuts reduced federal rates 19.1 percent for the bottom four-fifths of income So what if some political pundits from C-SPAN give Mr. Bush a high number on some earners from 2000-2004, regressively (CBO). Trade in-sources more jobs (203,600 to contrived chart? Ohio by 2004) than it out-sources (45,734 from Ohio from 1995-2003). Consumers create So what if Johnson made number “10” after the “ten-times-bloodier Vietnam War”? trade deficits by choosing imports, not Bush. All of that is meaningless when the great majority of Americans remember this No scientific consensus declares “global warming” a meaningful threat. Absent priva- President for his mistaken war and what it cost this nation in lives, money, and tization, some economists forecast entitlements to ultimately require 18.9 percent of the international support. GDP. Good luck growing that economy! Bush’s fiscal irresponsibility is not record-setting. Bush’s tax cuts disproportionately favor the ultra-wealthy. Your specious argument Today’s budget deficit is 1.4 percent of the GDP. The post-1970 average is 2.3 percent. otherwise is a sad attempt to distort the truth and mislead the readers. “Torture” is unproven. FISA itself is likely unconstitutional. A 2002 Court of Review From 2001-2005 the top one percent received about 20 percent of the tax breaks. From opinion stated FISA cannot encroach on the executive’s power to conduct warrantless 2006-2009 they’ll get 41 percent. By 2010 they’ll get more than 50 percent. The average searches for foreign intelligence-gathering purposes. Plame’s de-classification is lawful Joe gets a few hundred bucks a year. The CEO gets a few hundred thousand. if Bush authorized it. #4 is unlikely to damage Bush’s legacy. #8 involves no illegality. Fast-tracked free trade agreements steal good jobs from hard-working Americans and Bush’s Iraq and Katrina mismanagement are disheartening. However, by comparison, send them to the developing world where corporations are free to exploit native labor President Johnson resigned following 36,651 troop deaths in Vietnam. The dramatic with impunity. crime- and dysfunction-increase within underprivileged communities correlated with LBJ’s This President will leave the Iraqi quagmire, a huge trade deficit and war debt, and welfare-state expansion negated much civil rights progress his administration made. Bush’s shattered relationships with our allies abroad. For two terms he has chosen his misguided success in boldly responding to unprecedented challenges unquestionably outmatches ideology over rationality and consistently favored the ultra-rich at our expense. Johnson’s, who frequently ranks among America’s top 15 presidents. THE GAVEL THE GAVEL n OPINION Page 7 April 2007 President-elect TheOpinionOpinion law school middle child looks forward Personal reflections from a student somewhere between traditional and non By Shawn Romer the people you sweat and bleed with dur- least 7 or 8. We’re students, so we get kind to new year CO-EDITOR-IN-CHIEF ing the day. You’ve been (or are going of weird looks at the professional clubs. I didn’t go to law school right out of through) the right of passage known as And unless we want to burden Uncle By Nick Hanna undergrad, but I didn’t do something else first year. Sam or Keybank for some more dough, SBA PRESIDENT-ELECT for all that long, either. My dad always said “once a marine, we better stick to two dollar Labatts at On behalf of Rae Lynn Wargo, Anthony I’m the law school middle child always a marine – it’s the brotherhood Becky’s instead of the twenty dollar mar- Scott, Lydia Arko, and myself I would like to – someone who’s done more than profes- that bonds.” I see law school similarly tini in Ohio City. sincerely thank the entire C-M student body sional studenting, but not significantly – a bonding brotherhood established by So, I’ve divided our school into this for showing your support and allowing us more. mutual ascension through a grueling, but tri-partite ruberick. There’s the non-tra- the honor of serving as your 2007-2008 SBA Law school can be divided into two beneficial, experience. ditionals who treat law school like a job, executive officers. spheres – the academic and the social. You do the same thing as these people, and the traditionals who are adding three We would also like to thank Scott Kuboff, We’re all familiar with the former day in and day out. You have tons in com- years to college. Meredith Danch, Chan Carlson, and Jaime (that’s why we’re here, right?), but many mon with them. That’s why you hang out Then, there’s this mushy middle of Umerley for their hard work and dedication to of us get plenty of the latter as well. with them outside of school. students. I was the oldest of two children, the SBA. These outgoing officers leave us each Come on, everyone of us has made the Also, you’ve likely annoyed your other and I liked that much better than being the with great shoes to fill. However, I am confi- law school equals high school analogy. friends by failing to return calls and/or middle child. dent that the members of the “Students First” I think the “law school middle child” emails with any immediacy, or by talking Of course, I’m speaking in generalities ticket will not disappoint the student body. really is best suited for the academic part about promissory estoppeling their ass if here. There are plenty of students who As an administration, we hope to prolong of school, better so than they renege on something. either don’t’ fit-in or defy this ruberick. the traditions currently set in place by the SBA, our younger and older col- The However, in my opinion, it’s in this However, if you play the odds, you’ll while at the same time expanding the role that leagues. However, it’s the sphere where the middle child syndrome find a substantial number slide into one of “high school” part where we Gavel takes most ill-effect. these three pegs. the SBA plays in the lives of the student body. Editorial Specifically, we plan to create more social sometimes meander. Opinion The non-traditional students may hang Apologies to those I’ve stereotyped, and volunteer events that will not only help In the classroom, I think out a bit after class, but except in the rarest but the word “stereotypical,” despite its to engage a broader spectrum of students, but we’re at the advantage. of circumstances, you’ll be hard-pressed connotation associated with prejudice, can also help C-M gain more recognition in the We’re only a few years out of school, so to find them pounding lemon drops on have uses (we use stereotypes in politics community. we remember how to take notes quickly West Sixth. all the time – women vote democrat, rural Along with fulfilling each aspect of our and what the dreaded “finals” feel like. Granted, not all, and maybe even a areas are conservative). platform, we hope to hear continuous input Unlike the students coming straight minority, of traditional students partake in As we all know, a key part of the word from the student body as to what each of you from undergrad, however, we can bring this activity. But, I can say from person is “typical,” which is where some value would like to see the SBA do. As elected of- professional and more personal experi- observation that a significant number do, can come from its use. But the problem ficers, it is our responsibility to seek out the ences to our work and study. in far more numerosity than any other for us, unfortunately, is that there doesn’t needs and concerns of students, which we Maturity is the key aspect here (not group. seem to be a stereotypical “law school plan to do. that traditional students lack it, but we just So, where do the middle children go? middle child,” and this is where we some- While we are excited to take over as an ad- have more, technically speaking, by virtue We don’t have families and other times become lost. ministration, the current SBA has a few events of having been around longer). responsibilities to attend to. We could remaining this school year. In our last meeting Though the non-traditional student just study more (not happening). We of the school year, senator Crystal Blevins was may cream us in maturity, they lack the could hang out with our slightly younger awarded the “Gerald R. Walton Senator of the relatively immediate familiarity with colleagues, but working 9-5 for a few THE GAVEL Year Award.” school, and (no offense guys), they gener- years has done something to us. We now ally don’t have the stamina of a person in experience day-long hangovers and get CLEVELAND-MARSHALL COLLEGE OF LAW As a three-year senator, Crystal has been an CLEVELAND STATE UNIVERSITY active participant in the SBA and has been dedi- their late 20’s. sleepy at 11 p.m. 216.687.4533 TELEPHONE cated to serving the student body. In addition, Most importantly, they usually have Generally, many of us middle children 216.687.6881 FAX the SBA will continue its tradition of giving to kids and a family to attend to, whereas gravitate towards one end or the other, [email protected] student scholarships by making a large donation we’re still generally free of these obliga- either acting younger or older than we to the Wolstein Scholarship fund. tions. I like being the “law school middle truly are. Finally, on May 10, the SBA will be hosting child” in the classroom. So, why don’t we do what other people its end of the year social at Panini’s in the Gate- Law school is also social, like it or in their late 20’s do: Happy hours, joining way District. We hope to see everyone there. not. Especially for those of us from out young professionals clubs, visiting trendy In the meantime, good luck to everyone on your of town, our classmates compose a large bars, etc? finals. And to the graduating class, congratula- chuck of our social companionship. But, oh wait – we can’t go to happy tions and good luck on the bar exam. It actually makes sense – these are hour because we still have to study until at Co-Editors-in-Chief Margan Keramati Kathleen Locke Shawn Romer

Staff 1L reflects on tough academic year Anonymous 1L The following is the final part in a six-part series following a I could tell you about who slept with who, who is together and who Drew Behnke first-year C-M student from orientation to spring exams. isn’t, but that’s pretty common knowledge, and probably not fit for Paul Deegan Joseph Dunson The anonymous 1L column has now finished its adventure. To print anyways - mostly because your personal lives are just that. Tiffany Elmore the various random readers of this column, I hope I have made you I wish each one of you the best of luck in pursuing your personal Joanna Evans chuckle a bit, and perhaps for the briefest moment, taken you away goals regarding relationships or whatever else they maybe. Kurt Fawver from this ivory tower of ours. To a certain guy in a furry suit, you’re still the champ and good Emily Honsa I can definitely say that law school has changed me, or at least luck with your girl. Brenda Hruska how I approach things. Instead of raining on the parade that is your lives, I’d instead Bradley Hull This semester I have put out, for me, a massive like to thank some of the people who have made my life here enjoy- Dan Kelley Chuck Northcutt effort. Studying is not enjoyable for me, but in order to able, Ballz to the Wallz crew: you guys are awesome. Trysta, you First 1L year John Rose compete with you, my fellow colleagues, I had to. life and your camera are immortalized for all time on Facebook. Fadi, Kevin Shannon My social life has taken such a dive, it’s on life Part VI thanks for making me laugh, and Sheila - you always kept things Chris Tibaldi support somewhere. No lie. Between actually doing entertaining. Daniel Thiel the reading, which is just crazy, outlining, and even To my guys at Old Angle Wu-tang clan and Seahawks for Ben Wiborg working over hypos (gasp), it has been a very tough experience for life…sorry Mark, you know it’s Josh Brown time. To Mr. Dropko me. for guiding me extensively academically and personally. Contributors Anupriya Krishna Trying to rebuild yourself into something else entirely is not in And lastly, to my editor Shawn, who has steadfastly encouraged Austin McGuan the least bit pleasant. I decided that I should try and get a few Bs, me to be a better writer and a better person and who has put up J.R. White maybe even B+s, I know I’ll never be an A student. with me, this column and my antics- thanks Shawn, it really meant It simply takes too much work. My hat is off to those who are a lot. Advisor Thomas Buckley willing to, though I still think you are crazy, but since you do not Now it’s almost finals, so good luck, study hard, but try to re- Printer P.M. Graphics care about my opinion anyways, study on. member to get some sleep, drink a beer and chill out for 15 minutes http://www.law.csuohio.edu/students I was told that writing this column would be difficult, perhaps - it won’t kill you. ALL RIGHTS REVERT TO AUTHOR even a chore. Well it has not been so up until this point. Finally, have a great summer and get a tan! THE GAVEL n OPINION APRIL 2007 n 8 The media and its coverage of celebrity : annoying, pointless and possibly even harmful By Kurt Fawver The media was crazed with interview- frustration. a non-issue. We need to strip racist remarks GAVEL COLUMNIST ing Richards and making him apologize. It should not be given the opportunity of their power. Media oversaturation of rac- For the past couple days, everywhere I The men who were the target of Richards’ to be presented as a valid, if controversial, ist comments made by Don Imus or Michael turn there’s a news story about Don Imus vulgarities were plastered Richards does exactly the opposite. and his comments calling the Rutgers on news broadcasts as All people should be qualified by their women’s basketball team “nappy-headed wide-reaching as Good As a society, we should be striving to merits and abilities, not their skin color. Yet, hos.” Morning America. Pun- make race a non-issue. We need to strip celebrity racism, and the media attention it I can’t get away from it. It’s been the dits everywhere wanted garnishes, helps darken the line separating headline story on CNN more than once. to take a side. No one racist remarks of their power. Media white from black and yellow from red. Every commentator is weighing in on what could escape the debate oversaturation of racist comments It polarizes and divides public opinion. constitutes a “racially charged remark.” over race relations. Don Imus and Michael Richards will not be But you know what? I don’t care about By focusing on these made by Don Imus or Michael Richards changed by their respective scandals. If they Don Imus. people, however, and by does exactly the opposite. were racists before, they’ll be racists after. I don’t care if he called giving the racist remarks No one in American society will be the Rutgers women’s bas- extensive media coverage, we give those belief structure. Yet, this is what happens swayed against or for racism by this glut ketball team “nappy-head- remarks power. When the media shoves when the media focuses on celebrities’ rac- of media coverage, either. These celebrity ed.” I don’t even care if Respectfully these stories into the forefront of society, ist remarks. racism scandals simply provide spectacle. he’s a racist. And you know dissenting it opens a debate as to whether the use of The coverage given to the victims of They purposely pit racists against victims, why? Because I realize that certain disparaging words or phrases is right celebrity racism is also problematic. Mem- and implicitly ask the public to choose Don Imus is not a paragon or wrong. bers of the Rutgers women’s basketball which of the two is right. of truth, knowledge, or even decency. I had This debate, in turn, validates the ex- team, which played in the women’s NCAA This does not solve the problem of rac- no respect for Don Imus in the first place, so istence of a side that believes racist com- Championship Game, have told reporters ism. It doesn’t even marginally contribute he had nothing to lose from his disgusting ments are fine. Individuals who think that that they are deeply hurt by Don Imus’s to a solution. racial slurs. it’s not a big deal to use racial insults are remarks and that he has “stolen their mo- Instead, celebrity racism scandals push I feel sorry for anyone that listens to ra- given time to disseminate these views on a ment of glory from them.” racists and racism opponents even further dio shock jocks and takes their sensationalist national stage. I understand why Imus’s insults were apart, creating more cracks and barriers views to heart. People like Don Imus and It’s as if the media is implying that hurtful. But to say that he stole their mo- between the two sides. shouldn’t be idolized or used there are two sides, each with well-founded ment of glory seems too much. If racism is ever to be eradicated, these as moral compasses. opinions that are competing for Americans’ If a nonentity, a C-list celebrity, like Don two sides need to be brought together in Their sensationalist views shouldn’t be minds. The media is, subtly, telling racists Imus can take away the pride of playing in a common understanding and unification anyone’s gospel. If these are the individuals that their views are worthy of discussion and the NCAA Championship Game, then the against all hatred based on skin color. that shape American opinion, then we have debate. Therein lies the flaw. idea that racial slurs hold power is firmly Media carnivals surrounding Don Imus, a serious cultural crisis. Racism is not worthy of debate and bolstered. Michael Richards, or the Rutgers women’s Of course, this isn’t the first time Ameri- even-handed discussion. It is wrong in Broadcasting pained reactions to racist basketball team are certainly not going to can media has focused on a “celebrity” racist all its forms and should be universally comments legitimizes those comments an accomplish this feat. tirade. We all remember just a few months condemned. increasingly powerful weapon. Only time, education, and personal ago when Michael Richards jumped the san- It has absolutely no credible basis. In- Ideally, the media should refuse to report experience can make racism vanish, and ity boat and fired off a string of racial slurs stead, racism is nothing more than a direct on any aspect of celebrities’ racist rants. As sensationalist media coverage cannot pro- against a group of comedy club patrons. manifestation of unfocused hatred and a society, we should be striving to make race vide any of these.

LETTER TO THE EDITOR

Journal advocates hiring a health care law professor How many students know that It is our understanding that a full-time health law professional from biomedical ethics to trade- Providing interested C-M stu- C-M ranked 9th in the country for the Faculty Hiring Committee would bring, the JLH could rise to mark and patents in the medical dents with these equivalent oppor- health care law in 1995? has yet to determine the specific a higher level of recognition. research arena, there is a diverse tunities could only enhance their The Journal of Law and Health areas of focus for next year’s hir- Although the JLH already need for legal professionals in ability to succeed in Cleveland’s is unique to C-M. Established ing initiative. receives submissions from profes- health care. health law community. during a time when the law school Currently, there are no sionals outside of Because students are interest- devoted a significant amount of full-time health law professors the C-M communi- Because students are interested, ed, the potential and opportunity effort to health care law, the JLH at C-M. There are three solid ty, having full-time for the JLH is unlimited, and be- complemented the school’s Cleve- reasons why both C-M and the health law professor the potential and opportunity cause Cleveland is a major medi- land Clinic Foundation summer JLH would benefit from hiring a on the faculty would for the JLH is unlimited, and cal market, C-M, the JLH, and law clinic. professor with a background in provide a source of the students stand to benefit from Most students probably do health care law. submissions within because Cleveland is a major hiring a full-time professor in the not know that such a clinic ever First, the students are inter- the law school, as medical market, C-M, the field of health care law. This is an existed. ested in health care law. Students that professor would area of need that the JLH believes Cleveland is a giant in the are taking an active interest in either be in a po- JLH, and the students stand to should be addressed during next health care industry. Between the JLH. sition to write ar- benefit from hiring a full-time year’s faculty hiring process. the Cleveland Clinic Founda- The organization’s initiative ticles for the JLH This is an exciting time for tion, University Hospitals, the of bringing prominent speakers to himself or convince professor in the field of health C-M. Under the leadership of MetroHealth System and all other campus as part of the JLH spon- his health law col- care law. Dean Mearns, the school has clinics, centers, research facilities, sored speaker series is an indica- leagues to do so. made great strides toward national and practices, there is no doubt a tion that the students are interested Thus, the JLH stands to benefit Case Western Reserve Univer- recognition, increased bar passage market for lawyers in this area. in health related legal topics. immensely from access to and sity’s Law School offers a con- rates, and re-accreditation by the But interestingly enough, C-M The redesign of the Web site input from a full-time professor in centration in health law. A few of American Bar Association. no longer offers the summer law and on-line availability of the the area of health care law. the course options include Health There is no doubt that C-M clinic, does not have a full-time most recent publication also signal By enhancing the academic Care Transactions, Food, Drug and will continue to generate support professor in the field of health care the students’ interest in the JLH. quality and credibility of the publi- Biotechnology Law, and Health from the alumni and the com- law, and does not offer a health Students would like to see cation, C-M will take another step Care and the Courts seminar. munity. And now is the perfect care law concentration. more courses offered relating to towards national recognition and The availability of these cours- opportunity to nurture the organi- For one reason or another, it health issues and taught by pro- satisfying the interests of numer- es invariably exposes Case’s law zations that will distinguish C-M seems that the emphasis on these fessors with the experience and ous students. students to a broader range of in the future. programs dissipated several years knowledge in the field. Third, there is a market in health-related legal issues and ago, leaving the JLH to stand Second, the JLH is a unique Cleveland for professionals in the gives them a competitive edge in Editorial Board, 2006-07 alone. publication and with the input that area of health care law. Ranging the Cleveland job market. Journal of Law and Health 9 n APRIL 2007 THE GAVEL n ADVERTISEMENT