September 2003 Liberalism Reclaimed the Jury’S Still Out
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William Mitchell College of Law Student Newspaper September 2003 Liberalism Reclaimed The Jury’s Still Out By Michael Welch By Lori Bower Some 800 lawyers, judges, politi- Meet Professor Peter Oh, a cians, professors and students California native with impressive gathered in Washington, D.C., credentials and teaching experience recently to call for a confident, cohe- to justice. There are now four practi- at Florida State University. Professor sive liberal jurisprudence in America. tioner chapters around the country, Oh received his law degree from the The assembled listened to a rare including one in the Twin Cities, and University of Chicago and worked speech by U.S. Supreme Court Justice some 80 chapters at law schools. The with Judge Alex Kozinski of the U.S. Ruth Bader Ginsburg and danced William Mitchell chapter was started Court of Appeals for the Ninth with Janet Reno at the American in the spring of 2002 by a handful of Circuit. He practiced law in New York, Constitution Society’s first-ever students, a number of whom have and then switched to a career in national convention, held August 1-3 since graduated and moved on to legal academia. I sat down to talk at the Capitol Hilton. The ACS event repaying their school loans. Mary with Professor Oh about his back- Professor Peter Oh – Happy to be at Mitchell, was a reassuring and invigorating Kilgus, the current chapter president, ground and approach to his first year a bit unsure of Minnesota winters experience for folks who have noted as a professor at William Mitchell. and other members will be building useful to teaching as well. Third, I with dismay the steady, determined on the established ACS foundation at had to pay off my student loans. march toward conservatism of the Q: How did you decide to come to Mitchell with more programs and When I saved up enough to cover my nation’s courts and lawmakers. It William Mitchell? student involvement this year. Eric student loans, I applied for teaching proved that there were at least A: There were two aspects of Janus is the chapter’s faculty advisor. positions. several hundred politically progres- William Mitchell that were attractive ACS chapters have also been estab- Q: How would you describe your sive types left in legal circles these to me. First, this is a school with a lished at the University of Minnesota approach to teaching business law? days, and virtually all of them think strong sense of tradition, which I and Hamline law schools. A: My primary concern is to be Attorney General John Ashcroft is a liked. Second, the faculty has a repu- The convention featured an array clear. As part of that, I am flexible to pretty scary guy. tation for balancing scholarship and of “left-leaning” legal luminaries, students’ different needs. I recognize In part, certainly, the convention – teaching. I liked how the faculty, staff most notably Ginsburg, Reno and that not all students learn the same and the emergence of the ACS in and students all seemed to get along New York Senator Hillary Clinton. A way, and I want to be open to teach- general – was prompted by a recogni- together and were genuinely nice. consummate politician in her ability ing different ways. Some of the tion that conservative activists have Q: What are some of the to play to an audience, Clinton was professors I had in law school seemed skills/interests that you bring to to enjoy hiding the ball. I’m not William Mitchell? interested in that. I want students to A: I think the interests I bring to walk away from my class knowing William Mitchell are twofold. The first the black letter law, but also having is that I have research interests that an appreciation for the policy and are interdisciplinary in nature, mean- theory behind the law. ing that I am interested in how Q: You spend some time after law business interacts with different school clerking for a judge, would areas of law and how my interests you recommend it? connect with the interests of other A: I would strongly recommend faculty members. I am also interested clerking. You get to look at cases in faculty enrichment, within the from a different perspective. When school and partnering with other you are practicing, you are advancing Minnesota law schools. a specific view. When you are work- Q: You’ve spent a lot of time on ing with a judge, you have to look at U.S. Senator U.S. Supreme Court Justice Ruth the coasts, how do you like being in both sides of the issue. Also, when the Midwest? Hillary Rodham Clinton Bader Ginsburg, keynote speaker you clerk you get to see the adminis- A: I can’t really commit to an opin- trative side – looking at procedural done an amazingly effective job of ion about that yet. The summer has not above making light of her very rules and the purposes behind them. creating “a dominant network linking been excellent, not only the weather public marital problems during her It’s also a great experience just to politics and private organizations,” but the number of activities. My Friday luncheon address. Discussing talk with a judge and see how they as Boston Globe columnist Peter S. guess is that are numerous activities the fact that she sponsored more decide cases. Canellos put it. “The conservative (in the summer) because the winter legislation than any other freshman Although we can’t promise him movement rose to power because it is pretty tough. But I enjoy being senator in history, Clinton explained mild, agreeable winters, I think it’s concentrated on a few simple princi- back in a city – a very friendly city. that many other senators had asked safe to say that we (the students) are ples and held to them ruthlessly,” St. Paul is a traditional city, and her to sign onto their bills during the happy to welcome Professor Oh to Canellos noted, echoing assessments Minneapolis has more of the cosmo- session. At one point, she said, Sen. William Mitchell. delivered by speakers at the ACS Wayne Allard from Colorado politan feel. I grew up in the Bay convention. The convention repre- approached her to co-sponsor a bill Area, and the Twin Cities reminds me sented a major step toward restricting traffic in roosters for of how San Francisco and Oakland In This Issue articulating a real, substantial alter- cockfighting purposes. “I had never are, sort of a two-for-one deal. native – one that ACS founders and before had a position one way or the Q: Why did you decide to switch Liberalism Reclaimed . 1 members believe is closely aligned other – contrary to what some of you from practicing law to teaching it? The Jury’s Still Out. 1 with Americans’ belief that all the might expect,” Clinton deadpanned. A: Since college I’ve always wanted Catching Spam. 2 world’s citizens deserve to be treated She turned dead serious, though, as to teach. There are a couple of Rumor Control . 3 with fundamental decency and she discussed her opposition to four reasons I practiced law for while. Hollywood for FRE . 5 accorded real, substantive rights. of President Bush’s federal judicial First, law is a profession and it’s ACS, founded just two-and-a-half different than what you learn in law GOOOOAAALLLL!!!!. 5 nominees: Texas Supreme Court Phonaton 2003 . 7 years ago at Georgetown Law School, Justice Priscilla Owen to serve on the school. I wanted to see what practic- Construction News . 7 is a nonprofit organization of legal Fifth Circuit; Miguel Estrada to the ing was like. Second, I wanted to professionals and students focused D.C. Circuit; Carolyn Poole for the 9th learn the basic set of skills involved Columns on the power of the law to protect Circuit; and William H. Pryor Jr. to in practicing law, in the event that I From the Editor . 3 human dignity, individual rights and ended up practicing. A lot of the the 11th Circuit. The Opinion’s Opinion Page . 6 liberties, genuine equality and access skills you learn in practice are very Continued on page 4 Hearsay . 6 on the web at www.wmitchell.edu/current/nonacademic/student_orgs/opinion.html Volume 10, September 2003 Page 2 The Opinion • September 2003 Catching The Technology Time Bandit – Spam (NAPSI)– We’re living in a great Layer your spam protection. Even technological dichotomy: the more if your Internet service provider (ISP) timesaving devices we accumulate, filters spam, install a desktop-based the less time we seem to have. As application such as McAfee Spam- technological wonders become more Killer to keep your in-box virtually mainstream, the latest gizmo or spam-free. Installing virus prevention gadget always seems to re-introduce and firewall software will also help to the hope that this is the one that ensure your online safety while surf- will enable us to achieve some lofty ing the Web. goal—whether it be working from Do your due diligence. 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