September 2003 Liberalism Reclaimed the Jury’S Still Out

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. Check out home on Fridays, coaching a child’s a Web site’s privacy policy before soccer team, taking that extra-long sharing any personal information, vacation, starting our own business and “opt out” of receiving additional or, simply, retirement. information if you don’t want it. The Alas, we remain at the mercy of our extra time spent reading a site’s poli- widgets and whatsits as we seek ways cies certainly will offset the countless to carve out a few extra minutes here hours wasted deleting spam. Want to or there. Well, according to a recent stop spam altogether? As a valued survey, a great place to start is with voter, you can contact your local the great technology time bandit- congressman to urge them to spam. consider spam legislation in your The “McAfee® Americans and Spam area. Survey” revealed that 49 percent of Time isn’t just money. It’s also the Americans spend more than 40 currency with which we purchase the minutes per week deleting spam, times), exercising (3.32 times), read- online dating sites as sources for most important things in life-spend- with 14 percent reporting they spend ing to kids (2.81 times) and even “live” e-mail addresses. Especially for ing time with loved ones or pursuing as much as three and a half hours a having sex (2.18 times). those who lead an active online our passions. Don’t let spam rob you week. That adds up to 7.5 days over Gordon adds, “It will take a combi- lifestyle, setting up a separate e-mail of this most valuable commodity. the course of the year. Eliminate nation of common sense by address to be used when engaging in Armed with these simple tips, anyone spam before it gets to your inbox and consumers, spam prevention technol- these activities can lessen the has the ability to stop spam before it there’s your vacation. ogy and legislation to free consumers number of spam e-mails your primary wreaks havoc on their in-box and “Consumers are seeing more and from spam.” He offers e-mail users e-mail account will receive. their time. more spam crowding their in-boxes. the following helpful tips to keep Restrict personal information. For more information, visit: All indicators point to a continuing their privacy intact while saving time Reputable companies such as banks www.mcafee.com or call the United upward trend,” said Bryson Gordon, in their day for more essential tasks. and government agencies will never States Capitol switchboard at: McAfee Security’s chief spam preven- Use public e-mail addresses to ask you for personal information via 202-224-3121 to contact Congress tion officer. The study also revealed surf. Spammers are getting smarter e-mail. Make sure you do not share about spam legislation. that Americans delete spam dozens of and are using new techniques to trick personal information on the Internet times more per week (30.6 times) people into opening spam including unless you are confident you know than they engage in other activities “trolling” user groups, chat rooms, the site and/or the person receiving including calling parents (3.39 job-search sites and even legitimate the information. The Opinion • September 2003 Page 3 From the Editor

Well, we’re all here and we’re all students in each group; those who settling into our law school semester. devote many hours to the group, People are making new friends and those who attend meetings but can’t hanging out with classmates and work on projects, and those who’s finding out what the plan in each time commitments prevent them Editor-in-Chief: Mary Kilgus class is going to be. It’s time to bury from attending meetings but allow yourself in work. But don’t forget, them to work on a one-day event, or Managing Editor: Carla Magnuson there are lots of other things going to help out in some other capacity. Assistant Managing Editor: Christy Yang on here at school that would The point here is, everyone under- enlighten your mind, besides case stands the time constraints on law Business Manager: Scott Kissinger law and the Socratic method. students, so it’s no problem just to Many student groups will be calling do what you can. No one expects you Assistant Business Manager: Jason Krause you. Most are having their first to spend every waking hour working yearly meeting in September. for a student group. Staff Writers: Michael Welch, Lori Bower, Shawn Bakken, Student meetings are usually during But how important is involvement Carla Magnuson, Mary Kilgus the “student meeting hour”, on in a student group? I’ll list a few good Wednesdays at 6:30. Because some reasons for you. First, a student group ©2003 The Opinion, William Mitchell College of Law Student Newspaper students have class during that is a great place to meet people who period, they can’t make it to an hour will probably become your colleagues The Opinion is an independent publication of the Students of long meeting. Don’t let that stop at some future date. Second, it is a William Mitchell College of Law. The views expressed in The Opinion you, however. If you are interested in good mental health prescription to are those of the authors and do not reflect the views of The Opinion a group, but have to miss the meet- have some time away from studies editor, William Mitchell College of Law, its employees or its Board of ing because of class, just email the and talking to like-minded people. Trustees, unless otherwise noted. group leader. Third, student groups provide you Most students have three concerns with connections in the community, The Opinion will always consider quality content submitted for about getting involved in student connections that will help you once publication. Interested authors may forward copy of not more than groups. One is whether they’ll have you graduate. Fourth, various groups 1500 words to [email protected]. any extra time to become involved, offer different things. Some offer The Opinion reserves the right to edit for clarity, space and since they perceive there aren’t community involvement, some offer editorial content. enough hours in the day to do their policy debates, and some offer schoolwork. Two is they don’t know involvement in the legal community Please contact the Editor at [email protected] for specific what group to get involved in and and more. There is something for questions or comments. three, they don’t know whether it is everyone, and there is a group that Parties interested in advertising space should contact Scott important to join a group. will provide something for you. You Kissinger at [email protected]. Let me rest your mind. To find out just have to decide which one. what groups are on campus, simply After you settle in your study access the Mitchell website, click on pattern for the semester, see if you “Student Handbook”, and then click can take an hour out and explore a on “student organizations”. A list of student group. After all, case law and all current student groups will appear the Socratic method aside, law school before you. As for the time issue, should be an enlightening experience. you’ll find out when you get involved that there are different types of

Submissions to The Opinion Articles for the November issue of The Opinion are due October 15, 2003

Rumor Control…

There have been rumors circulating about the number of first year students this year, saying that there has been a huge increase in the number of students. 450 new first years was heard, as well as 422, juxtaposed with the numbers 300 and 289 for former years. This is not true! According to admis- sions, there were 359 new faces on campus for 1st year orientation this year, and last years class numbered 331—only 28 more this year.

Setting the record straight!

Lawyer Joke of the Month

A doctor told his patient that his test results indicated that she had a rare disease and had only six months to live. “That’s such a short amount of time, doctor. Isn’t there anything I can do?” pleaded the patient. “Marry a lawyer,” the doctor advised. “It will be the longest six months of your life.” Page 4 The Opinion • September 2003

Liberalism Reclaimed doubt be one of the more surreal continued from page 1 legal meetings of the year: Janet Reno’s Dance Party, the sole purely Clinton further argued that the social public function of the conven- Supreme Court’s surprisingly progres- tion. As the former attorney general, sive decisions this summer – long renowned for her Gore-like lack supporting application of the Family of funkiness, took the stage to thank and Medical Leave Act to state everyone for coming, the students government workers, upholding non- bumping and swaying under the quota based university affirmative mirror ball broke into the chant, “Go action programs and striking down Janet, go Janet…” Reno actually Texas’ sodomy law – should not be hung around and danced a little bit, allowed to belie that fact that the giving her all to what seems to be a Rehnquist Court remains a “very concerted effort by national activist, quite radically conservative Democratic figures to prove that court… [that is] generally hostile to U.S. Congressman Former U.S. Attorney General they’re ‘fun.’ In retrospect, I can’t civil rights, selectively protective of Robert C. "Bobby" Scott Janet Reno believe I didn’t take advantage of the state prerogatives, and unabashedly chance of a lifetime to ask Janet devoted to economic freedom.” In an Reno to dance. But somehow I just effort to continue turning back the couldn’t bring myself to it. clock to an era before the Warren Maybe next year. Court expanded citizens’ rights under the Constitution, she noted, the Bush (Recordings of comments at the ACS conven- administration is committed to filling tion by Janet Reno, Justice Ruth Bader Ginsburg federal benches with judges vetted by and Sen. Hillary Clinton are available at the strict constructionists of the http://www.acslaw.org/Conventionvideo.htm.) Federalist Society and emulating Michael Welch is a fourth-year part-time Antonin Scalia and Clarence Thomas William Mitchell student and vice-president of – the only two justices who dissented the school’s chapter of the American in all three of the cases cited. Constitutional Society. Justice Ruth Bader Ginsburg’s keynote address at the ACS convention was decidedly less political than U.S. Senator U.S. Congresswoman Clinton’s. But she nonetheless made Maria Cantwell Eleanor Holmes Norton her support for a progressive jurisprudence exceedingly clear. Justice matter of comity and in a spirit of tain a straight face while espousing Ginsburg, who celebrated her 10th humility,” Ginsburg said. “Comity his belief that Bush’s rollbacks were year on the high court just days after because projects vital to our well mere minor adjustments, at best.) As Rape Crisis the convention, emphasized the rele- being – combating international part of a panel titled vance of worldwide interpretation of terrorism is a prime example – “Underregulating Economic Power,” Center Needs fundamental rights and basic liberties require trust and cooperation among commentator Paul Begala railed to U.S. law. The gravity of that nations the world over, and humility against the left-wing interests’ insis- approach when it comes to the death because, in Justice O’Connor’s words, tence on liberal politicians’ complete Volunteer penalty – which is widely abhorred in ‘other legal systems continue to inno- and public fealty to their positions at other developed nations – was the vate, to experiment, and to find new the expense of a common effort Advocates tacit undercurrent of Ginsburg’s solutions to the new legal problems toward establishing a progressive address. Ginsburg noted that the which arise each day, [and] from political order. The panel charged By Tru H. Thao, Program Assistant/ Declaration of Independence made which we can learn and benefit.’” with discussing “Originalism, Original Volunteer Coordinator the case for the new nation to the For her part, former U.S. Attorney Intent, Original Meaning” promptly rest of the world, as well as state- General Reno aimed her remarks at illustrated the point as three liberal Sexual Offense Services of Ramsey ments by John Marshall and John the students in attendance specifi- professors launched into impeccably County (S.O.S.) offers a variety of Jay, the first chief justice of the U.S. cally, urging them to go into public researched but esoteric, nuanced services to victims of sexual assault. Supreme Court, referencing the service. She called for some critiques of originalism, while Volunteers are needed to help importance of international opinion semblance of balance between the Stephen Calabresi, the amiable token provide these services, which include to legal interpretation in the U.S. country’s national security needs and representative of the Federalism responding to people who call nights Still, she observed, the U.S. Supreme the civil liberties it affords. Reno said Society on the panel, laid out an and weekends on the crisis lines, and Court has cited the Universal it was time to start a “drumbeat of equally well-reasoned but far simpler also providing outreach to victims Declaration of Human Rights, questions about what is going on list of justifications for originalism. seeking medical attention. adopted shortly after World War II, with our civil liberties,” under In the most impressive session, Volunteers can also help provide only six times, and only twice in a Ashcroft’s reign. participants in a panel seminar titled community education, a valuable majority opinion. Still, she said the Reno called for more transparent “Reclaiming Constitutional History” contribution to sexual assault most recent term may indicate that collaboration among the branches of brilliantly framed the intellectual and prevention. A training session for “our island or lone ranger mentality government, so we as a nation don’t scholarly challenge facing the new volunteers begins September 29, is beginning to change… The term go to war on casual comments, we American Constitution Society: What 2003. Anyone interested should call just ended may have marked a turn- protect civil liberties, and we give are the solid, established constitu- S.O.S. for further information at ing point.” every person the opportunity to be tional principles supporting a 651-643-3022. Ginsburg noted two other specific the best person they can be. “We can dynamic and evolving interpretation areas in American jurisprudence in do it with the enthusiasm and the of United States’ obligation to guar- need of improvement: the dynamism energy in this room,” she said. “Let’s antee certain liberties and rights? with which we interpret the go do it!” With that message still ringing in Constitution and the common law, While the convention’s major their ears, student chapters gathered Law is order, and extraterritorial application of speakers provided inspirational on Sunday before the convention fundamental rights. She decried other messages of support and invigorating broke up to share strategies for jurists’ focus on a “frozen in time” calls to action, the intervening panel growth and action. The focus for interpretation of Constitution by sessions (of which there were more many, not surprisingly, will be on and good law noting that courts, in their “some- than a dozen) offered vigorous explo- monitoring and writing about conser- times heroic” efforts to implement the rations of both the complexities vative judicial activism as displayed public school desegregation mandated inherent in and the justification for a in the opinions of both state and is good order. in Brown v. Board of Education, progressive jurisprudence. Carol federal judges around the country; an issued decrees beyond the contempla- Browner, who ran the Environmental ACS publication – “Judicial Activism tion of the 18th century chancellor. Protection Agency in the Clinton Monitor” – is in development. Clearly, Aristotle On the second point, she said the Bill administration, and John Podesta, the intent is to steal a page from the of Rights is nation’s hallmark and who served as Clinton’s chief of staff, conservative movement’s strategic pride, and as such it should guide U.S. debated Professor Jonathan Adler plan and create a body of scholarly

officialdom wherever it acts. from Case Western Reserve University yet opinionated work that articulates

“Recognizing that forecasts are about whether the Bush administra- a unified liberal vision of jurispru- A Exercise: Entire The

risky, I nonetheless believe we will tion’s environmental policies dence and perhaps even lawmaking. F 8. B; 7. E; 6. G; 5.

continue to accord a decent respect represented a real, substantial regres- Finally, no report on the first ACS H; 4. D; 3. E; 2. C; 1. to the opinions of human kind, as a sion from conservationist policies. convention would be complete with- key! answer FRE Hollywood (Amazingly, Adler was able to main- out some recounting of what will no The Opinion • September 2003 Page 5

arm or leg and miss, though, the size of my head probably thought I dragging around). The camp director Shawn rope will wrap around that looked like a yummy treat. It was drove her to the hospital to have her appendage and act like a tourniquet, survival of the fittest out there, so it spine pulled back through her trapping the blood inside until some- was only a matter of time before I ribcage; then on the way back, a deer Bakken’s thing pops. Obviously, trying to hit ran into a nearby building to preserve jumped onto the road and it was RUN the ball with your head is highly some of my blood and thus ensure my OVER BY THE TRUCK! It broke both discouraged. continued survival. its… arms and… both its legs… Sports But there’s a sport that’s been held Alas, I wasn’t the only one suffer- okay, maybe not. close to our hearts for many years, ing out on the field that night. Does that make camp the tragic one that has its own style of violence Remember how the campers were comedy of the summer? The best of GOOOOOOOOOOOOOAAAAALLLL!!! By Shawn Bakken that we can all appreciate. It’s every- divided into three categories? Well, times and the worst of times in July? Summertime is over. I know, it one’s chance to barrel shoulders into the game eventually led to a collision The Hulk? Maybe a bit of all three. hurts, but it had to be said and I’m other people’s backs and pound between a 2 and a 3. I think that The one thing I’m sure of is that mean enough to say it. Classes are spinal columns through the front of event is best described by a slightly there’s a lot of love in those open starting, professors are lecturing, their ribcages. Drive heads into the modified monologue from Do Black wounds. And worms are more than students are falling asleep and life is field so deep that they feed the Patent Leather Shoes Really Reflect happy to feed off that kind of love. as close to normal as it gets in law worms. Slide feet-first into shins to Up?: school. make their legs bend like a chicken. “Number three stepped onto the I hope you all managed to enjoy (And it turns out that worms do taste field and was RUN OVER BY A the last few months by doing more like chicken. Go figure.) NUMBER TWO! It broke both her arms than just scrounging for money, Yep, we participate in bar brawls. and both her legs! It crushed her thereby granting you access to the Wait, that’s not right. That’s when we skull and cracked all of her ribs! It halls of William Mitchell (without use broken bottles to slash open ruptured her spleen and her lower trespassing). There is certainly no people’s jugular veins, watch them intestines EXPLODED and she was shortage of places to get away from it bleed to death in the street and then bleeding all over the field!” If you’d all. All except the places you’re going hide behind dumpsters when the heard the pitch and volume of her to, that is. cops come. We stopped playing that a shrieking, you would have thought it Perhaps you went to an amusement few years ago when… well, the was at least that bad, too. park, a lavish display of consumerism former cook should be out on parole The nurse on staff, “Ouchie,” ran at its finest. A place where you can in a couple months. But as much fun down and quickly wrapped up her spend two hours standing in line for as that sport was, at camp these wrist (he insisted that a couple of a three-minute ride. A place where days, we play soccer. And not just Advil would take care of the rest, but you can spend a full day’s wages to during the day. don’t step on any organs she was still buy a corn dog. A place where college No, it adds some extra thrills to be students can dress up like animated playing under… next to car head- characters, receiving hugs and kisses lights at night: you can’t see your from young children while trying in opponents, you can’t see the ball, Hollywood for FRE vain to avoid developing a deep- you can’t see the field and, if you look directly into the headlights, you seated feeling of contempt for the By Carla Magnuson entire human race. can’t see anything at all. Needless to Perhaps you took a trip into the say, there are plenty of opportunities Ah the leisurely days of my youth when I lounged around watching wilderness, an effort to pit yourself for disaster during the course of the videos of classic court dramas. They all came back to me during Spring against Mother Nature. A place where game. Evidence class. Now, for your enjoyment, here are some of the examples you can find out just how well an air First, we have to pick teams. The used to illustrate the various Federal Rules of Evidence. See if you can mattress floats when the lake rises camp members are usually divided match the scene with the rule it corresponds to. You’ll get the answers two feet while you’re sleeping. A into three groups: later when you take the class so The Opinion doesn’t spoil the ending. place where you can develop hand- 1. People who are really good. to-hand combat skills, defending (Kinda like me.) 1. Audrey Hepburn’s character reads A. Rule 403 Exclusion of Relevant your food against squirrels, bears and 2. People who are okay and really a name scrawled on the floor in Evidence on Grounds of Prejudice, really hungry park rangers. A place big. (Very much like me.) Charade (1963). Confusion, or Waste of Time. 3. Kids who are small and want to where you can learn how to survive 2. Carriers from the U.S. Post Office B. Rule 801 (d) (2)(A) Statement is get as far away from you and the for a week and a half after running deliver hundreds of letters post- not hearsay if it is an Admission ball as possible. (Umm… no.) out of toilet paper. (Pine cones or marked for Santa Claus to a New by the party-opponent. Since I’m in the second category poison ivy, it’s a toss up…) York court room in Miracle on 34th and there were a high number of 3’s Or perhaps you were like me and Street (1947). C. 804 (b)(2) Statement under went to summer camp. this year, I got stuck playing goalie. belief of impending death is It’s an annual week-long event that It didn’t take very long for me to 3. Neighbor describes the arm of Bill exception to hearsay exclusion. realize that I shouldn’t specialize in Ward as kinda cool & floopy like in has spanned many years. During that D. Rule 701 Opinion Testimony by time, a variety of sports have come that position anytime soon. Brother’s Keeper (1992). The first sign came when the other Lay Witnesses admissible as long and gone, each bringing its own form 4. Fred MacMurray’s character as not based on scientific, techni- of pain and suffering brought on by team started scoring goals. A lot of goals. It definitely doesn’t help that I recounts a conversation between cal or other specialized friends and relatives. There aren’t any his boss, Edward G. Robinson and knowledge. trophies or awards passed out at the still try to avoid using my hands, so I spent most of the game trying to a suspected arsonist in Double end of camp, but as far as I’m Indemnity (1944). E. Rule 801 (a) (2) Definitions A concerned, surviving the experience stop the ball with my feet—I think I Statement is non-verbal conduct makes all winners. did the splits often enough to tear 5. Judy Holiday’s character describes of a person if it is intended by the We’ve played kickball when most both of my groin muscles and a her relationship with her husband person as an assertion. players can send the big red rubber couple of my teammates’ as well. in Adam’s Rib (1950). F. Rule 408 (1) Evidence of Offers ball soaring into acres of weeds capa- Later on, the ball was arcing high 6. “Why didn’t he pack?” wonders to Compromise is not admissible ble of tearing acres of skin off your up into the air and I tried to slap the the JAG lawyer played by Tom to prove liability. arms and legs. If the ball stays in the ball away with my hands—it hit my Cruise in A Few Good Men (1992). field, though, that’s when it gets fingers and bent them back in a way G. Rule 801 (c) Statement is not thrown like a bullet at various play- that turned them into chicken 7. Harrison Ford’s character appar- hearsay if used to show State of ers, resulting in welts that match the fingers. (If we hadn’t been in the ently isn’t Presumed Innocent Mind of the declarant. size and color of the ball. middle of a game, I might have tried (1990), given a former colleague’s We’ve played tetherball, but that’s to see how they tasted.) reaction to his sarcastic “yeah I H. Rule 801 (d) (2) (D) Statement not what we called it. Who cares if In the end, I don’t think the game did it”. is party-opponent’s if it is made by you can wrap a rope around a pole? was a total loss. The other players the party’s agent concerning a That doesn’t hurt! No, we developed may have been running around on 8. The archdiocese offers to make matter within the scope of the a game called “killball.” All it takes the field, but I think I got more exer- things right with a check for the agency & made during the exis- is a bunch of people standing around cise. I had to run to the back of the comatose client of Paul Newman’s tence of the relationship. the pole, punching and kicking the goal and fetch the ball a bunch of character in The Verdict (1982). crap out of the ball as hard as they times, but there was a large forest can. If you take a swing with your behind me as well. It was nighttime, I Just kidding about waiting—the answers are upside down at the was all sweaty and mosquitoes the bottom of page 4. Page 6 The Opinion • September 2003 THE OPINION’S OPINION PAGE Dear Editor Hearsay Dear Editor, rejected from the U of M’s program. Thank you for Carla Magnuson’s On further reflection which allowed it two articles in 8/03 addition of The to pass the sentry (ego) posted at the William Mitchell a school of drunks? Opinion. gates to consciousness, however, one As a “1L” they both were what my comes to realize that there is An overheard conversation in an elevator downtown revealed such a psyche needed during this auspicious (usually) a certain amount of wisdom sentiment. (OK, it’s called eavesdropping, but when “William Mitchell” was laugh into broader possibilities. inherent to our systems of justice. heard, we tuned right in.) The two speakers were connected somehow with To influence the world on any scale It’s a good thing. the river boats, and in a discussion as to the “wildest party” they’d seen, in a positive way often seems like a The experience of reading your arti- daunting task, and ”Dicta Dreams” cles capped off a first week whereby one man mentioned a law school party last spring when “people were does just that – it immediately any question of “Is this the right puking over the sides of the boat.” It was “that St. Paul law school on quenched my thirst for a forest-from- place for me?” was answered with a Summit—William Mitchell, is it?” the-trees perspective, and also had a resounding Charlton Hestonesk [sic] much needed cathartic effect. (god forbid!) “YES!” Parties are good things. And don’t get us wrong, having a few beers with The second, on Grutter left me Thanks Again, friends is good for you, once in a while. Law school parties are good, too. with an acrid taste in my mouth at Jim Lund, 1L first, being a white male who was Greenacre and Blackacre are especially important, because they provide a social event to which students can bring a significant other and take a break from studies and isolation while talking to people who are in the Comic Relief same boat as they are. It should be noted, however, that about 300 people attended the river- boat party in question, less than 1/6 of the entire student body at William Mitchell.

And the entire student body paid for that party, literally and, now, by association.

As Ben Franklin said (or maybe it was The Buddha), moderation in all things is the key. Maybe some people should pay a little more attention to how they are representing the school. Unfortunately, things like this paint all students with a black brush.

The SBA put a lot of time and effort into the spring party, and this isn’t meant to denigrate all their hard work. This is intended to chastise those people who can’t control their drinking in public, at a school function. Go to Billy’s and get trashed, if you want to. Don’t drive, and it’s none of our business. God knows there are plenty of bars around campus ready to take your money. But part of being grown up is realizing where you are and taking steps to act appropriately, if the time and place call for it. Tying one on at a nearby bar, while not recommended, is entirely up to the person doing the tying on. It is tying one on at a school party, in full view of non- William Mitchell people we have a problem with. People who will look at you and then the school and see a connection.

To reiterate, we’re not opposed to a good party. We love a good party. Cringing at the back of an elevator car while people say disparaging things about WM, wondering what the other people in the car are thinking, is not where we want to be anytime soon, however. People should have respect for the school, fellow students, and themselves when they are in a position to represent WM students.

Some people realize that once you’re over the initial thrill of being able to drink, becoming senselessly intoxicated and doing embarrassing things one regrets later, or, worse, one doesn’t remember later, is not what it’s cracked up to be. This is called a reality check.

We highly recommend reality checks, especially when we suffer for some- one else failing to take one.

The Opinion wants to know YOUR opinion. Tell us what you think: [email protected] The Opinion • September 2003 Page 7

Be part of the Annual Fund School Construction Phonathon 2003 to Begin in October October 5–October 9, 2003

You are invited to help us at the Annual Fund Phonathon 2003, October 5–9, 2003. The Phonathon is an annual event directed by the Alumni & Development Office. William Mitchell students will have the opportunity to contact graduates and friends of the college to support the Annual Fund. The Annual Fund provides resources to support financial aid, enhanced academic programs, and expanded library holdings and technology resources.

You will have a chance to talk with attorneys and judges about William Mitchell and earn extra money. Complete training is provided and no previous experience is required. Past callers have earned hundreds of dollars in just a few days! This is a fun, annual tradition at the college and a great way to meet fellow students too.

There will be catered meals, snacks, prizes, and the opportunity to earn bonuses. The compensation is $9/hour for training and calling sessions. Calling will take place on campus.

If you are interested in participating, please contact Maura Mitchell, Alumni Relations and Annual Giving Officer via e-mail ([email protected]) by Monday, September 15, 2003 with the shifts you would like to work, your e-mail address and phone number. Each caller will receive a confirmation notice to By Mary Kilgus It is not a dream; it is going to be reality. All you 1Ls, 2Ls and future There is good news and bad news clarify calling hours. 4Ls will be able to enjoy just that, about the coming construction. First, and more. Imagine decent, healthful the good news. Mitchell will begin a Thank you for your interest in the 2003 Phonathon! food from the kitchen. How about a great new student center starting in revamped bookstore right on the October. Hachey and Oppenheimer main floor—one that doesn’t gouge TRAINING SESSIONS: will be revamped, re-arranged, you at every turn? Choose ONE knocked down, and spruced up in Now the bad news: Construction time for Fall 2004 classes. Plans (attendance at one session is required for all callers): begins on or about October 1 this include a new kitchen and dining year. After that, all bets are off until area, as well as a “Cyber Café”, with September 2004 for a comfortable Sunday October 5 ❏ 12:30 to 1:30 p.m. hookups galore for all you techno- environment as you attend class. guys and gals. ❏ 5:00 to 6:00 p.m. Strange noises, pounding and dust The hallway between Hachey and will abound. Parking, already dismal, the Portland entrance will be the will probably suffer as construction PHONING SESSIONS: most stunning change. They’re going trucks and machinery take the Choose as many as you wish: to knock down the bricks and replace spaces. We’ll all be walking over wires them with a three-floor glassed in and timber and other such things on area, which will provide more meet- ❏ our way to class. And, of course, Sunday October 5 2:00 to 5:00 p.m. ing space and more sunlight for the those graduating this year will miss book-buried, pale faced students. all the good stuff entirely, unless You want a coffee bar, you say? they somehow find their way back to ❏ Just how cool would it be to walk Monday October 6 10 a.m. to 12 p.m. campus in another sphere. into school and grab a yummy latte Hopefully, we can weather the ❏ 6:30 p.m. to 9:00 p.m. or whatever your espresso-hobby is? coming storm. Just try to think of all How would you like to sit on a comfy ❏ 2:00 to 5:00 p.m. the benefits you’ll reap next year. couch, guzzling your caffeine, while Moreover, for those short-timers, ❏ using your lap-top hooked up to 6:30 to 9:00 p.m. maybe the idea of grad- conveniently placed wireless connec- uating will carry you tions, all while warming by a through. Tuesday October 7 ❏ 10 a.m. to 12 p.m. fireplace?

Wednesday October 8 ❏ 10 a.m. to 12 p.m. ❏ 2:00 to 5:00 p.m. ❏ 2:00 to 5:00 p.m. ❏ 6:30 to 9:00 p.m. ❏ 6:30 to 9:00 p.m.

Thursday October 9 ❏ 10 a.m. to 12 p.m. ❏ 2:00 to 5:00 p.m. ❏ 6:30 to 9:00 p.m. “I Cannot Imagine Taking The MBE Without PMBR...

Dear Mr. Feinberg: nded here in ay course which I atte for your excellent 3-d id I pass writing to thank you report that not only d I am st July. I am happy to ch a lis, Minnesota this pa ecause I received su Minneapo e MBE! As you know, b am, I scored 175 on th y home state of the July bar ex mission to the bar in m E, I am eligible for ad relieved at not high score on the MB less to say, I am quite er examination. Need Dakota without furth North ination. ke another bar exam having to ta e. While the regular gular bar review cours supplement to my re say portion of the I took PMBR as a reparation for the es overall review and p ot only did urse provided a good aring for the MBE. N co mely valuable in prep e n, PMBR was extre nce in approaching th examinatio rials give me confide ams and review mate al exam. I cannot the practice ex questions on the actu d many similar PMBR MBE, I also recognize BE without PMBR! imagine taking the M st! me conquer the bea Thank you for helping Sincerely, MBE RE Lisa Edison-Smith SCO chool 175 Hamline Law S Thank You For Helping Me Conquer The Beast!”

MULTISTATE SPECIALIST Obviously We Have The Best Multistate Questions! NATIONWIDE TOLL FREE: (800) 523-0777 • www.pmbr.com