POLITICAL BROADSIDE: ELECTION DAY IN FOCUS HALLOWEEN Columnists debate Afghanistan Confused about election issues SBA throws a SEE PAGE 7 on the ballot Nov. 3? We were, spooky bash, LGBT SYMPOSIUM: too. Everything you need to know and all that Allies Symposium draws large about Issues 3, 5, and 6. was left were crowd to discuss future of LGBT SEE PAGE 5 these ghoulish civil rights issues CASINOS IN CLEVELAND? pictures. SEE PAGE 10 Is passing Issue 3 a gamble? Students speak up. SEE PAGE 8 SBA DOLLARS AT WORK SEE PAGE 6 SEE PAGE 2 THE GAVEL VOLUME 58, ISSUE 2 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW NOVEMBER 2009 Ohio AG shares experience arguing before U.S. Supreme Court Attorney General details his case to uphold death sentence for the 1982 CSU campus murders

By Mike Borowski Cordray drew on a wealth of Supreme the Criminal Law Society as co-sponsor. Cordray argued the first of his seven STAFF WRITER Court experience when he presented Attorney General Cordray’s total cases before the Supreme Court. the state’s arguments for reinstating the Supreme Court experience dates to the 1980s. Among those seven, the Justice State attorneys general rarely death sentence of convicted serial killer After he graduated from the University Departments of President George present their own oral arguments before Frank Spisak. Cordray argued the case, of Chicago Law School in 1986, Cordray W. Bush and President Bill Clinton t h e U n i t e d S t a t e s Smith v. Spisak, before clerked twice in the Supreme Court—first each appointed Cordray to two cases. Supreme Court. An the Supreme Court for Justice Byron White, and later for Justice Cordray also worked pro bono on infamous example to the October 13. Just two Anthony Kennedy. In 1993, then-Attorney contrary came in 1987’s days later, he analyzed General Lee Fisher named Cordray Ohio’s SEE ATTORNEY South Dakota v. Dole, his approach and the first-ever State Solicitor. As State Solicitor, GENERAL, PAGE 4 when South Dakota Spisak case’s special Attorney General Roger ties to Cleveland State C-M Bar Results dips slightly from last year, Tellinghuisen presented University, in a crowded such an insufficient case lecture in the Cleveland- First-time passage rate still best in Cleveland that both the majority Marshall Moot Court and dissenting opinion R o o m . T h e C - M mentioned his arguments. student chapter of the In sharp contrast to American Constitution Tellinghuisen, Ohio Society sponsored Attorney General Richard Cordray’s lecture, with Spisak case leads victim’s son to legal career By Jillian Snyder and inspiring, and holds special meaning STAFF WRITER with respect to the Cleveland legal community and Ohio Attorney General When 1993 Cleveland-Marshall Richard Cordray’s Oct. 15 lecture at C-M. alum Brendan Sheehan was sworn in On Aug. 27, 1982. Sheehan’s as Cuyahoga County Common Pleas father, Timothy, was due home from Court Judge Jan. 8, the ceremony work as CSU’s assistant superintendent was especially poignant. The story for buildings and grounds. Brendan and of Sheehan’s motivation to become a prosecutor and judge is both difficult SEE SHEEHAN, PAGE 4 So long ‘Cleveland-Marshall,’ welcome to the new ‘C M’ Law school unveils branding campaign

By Jillian Snyder President Lindsay Wasko considers STAFF WRITER the new branding campaign to be one SEE ARTICLE ON PAGE 11 exciting aspect of her presidency thus New banners in bright green and far. At the beginning of her term, Dean Interview: New CSU President bold letters hang in the atrium to greet Mearns contacted Wasko regarding the students, faculty, and visitors to “C|M|Law.” merchandise that the SBA sold to the C-M The updated logo is one of community. Mearns explained the need keeps law school a priority the results of the law school’s fund- for an update on the classic C-M logo. By John Stryker president at Florida International raising initiatives to improve and update “Dean Mearns told me that for CONTRIBUTOR University (FIU) in Miami. the image of Cleveland-Marshall. The some years he has tried to change the From the law student new “C|M|Law” logo has a modern C-M image so that our law school could A change in guard at Cleveland State perspective, a few things about flair but “also captures the historic be recognized, although still affiliated, as brings apprehension over possible changes President Berkman eased my mind. origins of our excellent law school,” an independent institution from CSU,” that lie ahead, especially when First, he established Dean Mearns said in a recent interview. Wasko said. With the success of the fund- the previous leadership was a law school at FIU. Student Bar Association raising campaign and the hire of a new highly regarded. I imagine Secondly, one of his director of marketing at CSU, the many law students, like initial statements in our C-M logo recently received that myself, wondered if the search interview was that his update. The familiar heather gray committee remembered to daughter is now attends and forest green have been traded represent the law school’s law school. He reiterated in for fresher, more modern colors interest while picking the some of her struggles in of lime green, black, and white. chosen one. To answer some torts and contracts classes. “The new look accomplishes of these questions, I requested Both statements made what the Dean wanted, something an interview from our new him very sympathetic edgy and recognizable,” said president, Ronald Berkman. to the law student’s cause. Wasko. “In terms of the shortened Berkman was appointed July 2009 as CSU’s newest president. Previously SEE CM BRAND, PAGE 3 he was provost and executive vice SEE PRESIDENT, PAGE 4 PAGE 2 NOVEMBER 2009 THE GAVEL Dean puts new ‘mark’ on school as a result of fundraising and marketing initiative In my last several engaged and generous alumni historic origins of our excellent law We chose: Learn Law. Live Justice. column, I indicated encouraged me to establish a new school, which is the product of the I believe these four words that the law school fund-raising campaign – the Fund for merger of the Cleveland Law School accurately communicate what we do h a d r e c e n t l y Excellence. The goal of this campaign, and the John Marshall School of Law. and what we aspire to achieve. We are embarked upon a which we commenced last Fall, is to raise Over the last few weeks, I have a community of students and scholars new initiative to $1 million to improve the law school in displayed this mark at various alumni seeking to expand our understanding increase awareness ways that can be measured. I am pleased events, and I showed it to the students of the law. We aspire to use that of the law school to report that, as of June 30, 2009, we who attended the open forums I held a few knowledge in the service of others and to enhance our have received approximately $350,000 weeks ago. Everyone who has seen the in order to build a more just world. Geoffrey reputation. I would in gifts and new mark has By now, you have seen the banners Mearns like to give you some d o c u m e n t e d [C|M|Law, the new brand,] is been favorably hanging in the atrium with the new mark more information p l e d g e s t o i m p r e s s e d . and the new tag line. You should now also THE DEAN’S about the origin support this attractive and distinctive. It also Indeed, one be able to purchase t-shirts and sweatshirts COLUMN and purpose of this i n i t i a t i v e . captures the historic origins of the most with the new mark from the SBA. initiative. T h i s g r a t i f y i n g I encourage you to stop by S i n c e b e c o m i n g past summer, of our excellent law school. aspects of this the Admissions Office to see the new dean more than four years ago, it has we used some DEAN MEARNS initiative has brochure that we have developed as become clear to me that this law school of these funds to engage been how excited part of this initiative. The brochure is much better than some people perceive. a marketing firm. One of the projects alumni, staff, and students are about being is very attractive and very creative. Unfounded and outdated misconceptions we asked this firm to assist us with was able to display their pride in our law school The principal purpose of impede our ability to attract even more developing a new mark for the law school. by wearing t-shirts and other apparel with this marketing initiative is to enhance outstanding students and faculty, and these To develop this mark, we began the new mark. Our visible pride in the the law school’s external reputation, misperceptions may inhibit employment with a few basic premises. First, we institution will certainly lead others to both here in Cleveland and across opportunities for our graduates. wanted a mark that preserved our historic have even more respect for our law school. the country. I am confident that, in Last year, I began talking with identity. Second, we wanted a mark that In addition to this new time, we will achieve this objective. some members of our alumni advisory would be distinctive. Third, we wanted mark, we have developed a new tag The initial, immediate response groups about various ways in which a mark that was visually attractive. line. In developing this tag line, our has been a burst of pride within our law we could make our good law school At the end of the process, we goal was to select just a few words school community. I hope you share even better, including ways in which selected C|M|Law. This mark meets that would succinctly capture the – and display – that pride. I do, and I will. we could change these misperceptions. all of our objectives. It is attractive mission and vision of the institution. In response to these discussions, and distinctive. It also captures the

SBA President looks Total: $24,550 forward to Thanksgiving It’s more than only the top of his head and not his ears). halfway through Moving along. At the beginning the semester, and of every year, the SBA holds a book sale the only reason I giving students an opportunity to purchase know that is because books/supplements at a reduced price. t h e w e a t h e r i s This year we decided to take it to another Lindsay gradually taking a level and hold a “Supp’s-for-Bucks” sale. Students gather in open forum to Wasko turn for the worse. The gist: 2Ls and 3Ls have been asked to SBA Just another reason supply the SBA with supplements they discuss concerns with Dean PRESIDENT’S for me to stay used for their first year and upper level COLUMN inside and “study.” classes. The sale is open to all students. A By Jason Csehi October was a percentage of the proceeds will be given STAFF WRITER no increase in either the 2007-08 or the good month. The Dodgeball Tournament to the students supplying the supplements, 2008-09 school years or the beginning the SBA held in conjunction with the with the remainder to the SBA. Law students have many concerns of the current school year. The dean also Black Law Student Association was a As a final note, myself, along about their law school careers, but it is informed students that The University huge success. Our very own Treasurer, with Editor of Law Review, Alana rare that they get a chance to speak with of Akron School of Law had a 6-percent Kevin Marchaza, formed Team Cobra Jochum, have established a committee for their dean about what’s on their minds. increase in tuition, and that some law Kai to take the victory. Kevin, along the Class of 2010’s Graduation Challenge. About a dozen Cleveland- schools in the nation have increased with Brandon Pauley, Nick Mihalic, The central focus of the event is an Marshall law students gathered at their tuition by 20-percent, according to Mike Meyer, and Garrick Soja, battled appreciation of the arts. It is our intention lunchtime on Oct. 7 for one of two forums journals that he has read. Furthermore, to the end and defeated the 1L team, The to get students, faculty, staff, and alumni with Dean Mearns. The atmosphere was he consoled students by reminding them Learned Hands, who claimed 2nd place. involved in this occasion. Who would laid-back, something that tuition at Cleveland- Very impressed with the shirts, boys. Due not love to see Professor Borden sing a that the students might Marshall remains the to the positive response, the SBA will host classical opera song? Or, although they n o t e x p e c t w h e n lowest in the state. another Tournament in the spring semester. do not know it yet, a Sesame Street gang speaking with someone The conversation The month ended with the SBA comprised of Czar, Burke, Tony, John, from the upper echelon turned lighter when hosting its annual Halloween Social at Christopher, Derek and Ian dancing of the law school’s Dean Mearns was asked Panini’s on Oct. 30. I must say, law around while mocking Professor Gard’s a d m i n i s t r a t i o n . about the public relations students are very creative when it comes Torts class? Agreed?! Themed the “Rise T h e d e a n campaign currently to costumes. There was everything from of the Creative Class,” we invite students started the dialogue being undertaken. When the Flintstones (love my Executive with art/theater/music skills to join us by reporting on some Dean Mearns answers a student questioned as to why the question during a Dean’s forum. board), to a spoof on Reno 911 cops, in making this event one to remember. recent developments Photo by Jason Csehi. law school would soon to individual costumes comprised of I look forward to what lies ahead. at the law school. He be using “CM Law” on the lovely Mad Hatter and a freaky For November, the SBA will focus its said that the staff is recruitment literature zombie. As one of the biggest events the efforts on giving to those who are less currently working on expanding the and school apparel, he answered that it is SBA holds every year, we had a great fortunate. With Thanksgiving approaching availability of internships as well as a trend that many American law schools turnout and appreciate all who attended. fast, the SBA will hold a food drive the improving job placement for students have been going with in recent years. “It’s The SBA “Store” is moving week of Nov. 16 to Nov. 20. Please place and graduates. Dean Mearns also similar to seeing ‘Duke Law’ and ‘Pitt along with the hopes it will be opened canned good donations in the Student commented that the administration is Law,’” said Mearns. The dean emphasized in the beginning part of November. The Organization office. We will end the week actively recruiting new faculty for the that the school is establishing a name SBA will introduce merchandise bearing volunteering at a soup kitchen to feed the new Health Law and Policy Clinic. and image that is easily recognizable the new CM LAW logo. Some of the items homeless. Participation is encouraged. Soon, the dialogue turned to both inside and outside academia. available will include: t-shirts, sweatshirts, I hope everyone has a increasing tuition. Addressing the topic with He informed students that interview portfolios, water bottles, hats, great November and a relaxing deft precision and authority, Dean Mearns signs and merchandise bearing the new and beanies. An apology if you do not holiday. Thanksgiving at the Wasko said that an increase is “more than likely.” moniker and new shades of green and know what a beanie is —apparently I am householdkeeps me going. After However, Dean Mearns said that white would be appearing at the law the only one who uses that word (thanks to that, my meals will consist of raman it has been some time since there was a school in the coming days after the forum. my Pollock father whose “beanie” covers noodles and cereal until finals are over. tuition hike at C-M, noting that there was THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW PAGE 3

think they’re pretty cool looking, too!” CM BRAND 3L Sarah Kovit thinks that the new logo helps C-M put its best foot the anonymous CONTINUED FROM PAGE 1 forward. “Anything that can be done The second article in a six-part series tracking the to raise the awareness and notoriety of experiences of an anonymous first-year law student. title, the Dean’s intention is to have the C-M does a great service to the C-M 1L logo become nationally recognized so community, both to raise the student If you’re a 1L like me, you’ve exceptions. However, this apparent when someone sees something bearing spirit and to attract potential employers.” probably found that fretting over midterms increase in complexity may be a C|M|Law on it, they know that is stands In addition to the new logo, the has become a new hobby, right up there with result of the faster pace. Either way, for ‘Cleveland-Marshall College of campaign has created a new motto: Learn outlining and pretending to get things done. I’m not sinking too much energy Law.’ I think that it is a great idea Law. Live Justice. Look for this tag line With this busy schedule and the onset of into figuring that question out; I’d and I am going to do everything I and the new logo on banners in the law northeast Ohio’s fall season, it seems like much rather try and stay caught up. can to make Cleveland-Marshall building and on merchandise available for the days have gotten shorter. Those short As this is my column, I’ll recognizable with just the 5 letters. Plus, purchase from the SBA. Dean Mearns and days translate into a need for efficiency. take a moment to say something that I personally think that the logo looks the SBA are collaborating on a new process Everyone is trying to “work I feel is very important for the whole great and I love the colors,” Wasko said. of making this logo nationally recognized. smarter” in different ways. Normally, I find first year class; take a minute to talk to Feedback about the new logo “The SBA is now purchasing all discussing study habits to be gauche and someone about something other than has been overwhelmingly positive. Prof. new merchandise with the C|M|Law logo self-congratulatory, not to mention totally the law and all that other good stuff Heidi Gorovitz Robertson said, “The branded on it,” Wasko shared. “We will boring, but this column isn’t a discussion, so that’s been making us into efficiency new logo and color scheme lends some have t-shirts, sweatshirts, coffee mugs, I’m going to let it fly. I for one have procured fiends. No matter how many all- consistency to C-M’s many brochures water bottles, portfolios, daily planners, a nice set of outlines from past students. I’ve nighters any of us pull or how much and publications. They look like they go umbrellas and other items coming out as also been spending more time on CALI, effort we put into an outline, we’re all together—like they come from the same the year continues. Also in the cafeteria the Lexis, and Westlaw, and not just for the still people. At the risk of sounding like place. The colors stand out and catch the SBA will be opening a store. The painting rewards points. The idea of pulling a brief an after-school special or belaboring eye, so we hope they’ll be memorable. I [with new colors] is almost complete.” lock, stock, and barrel off Lexis or West still the obvious, I advise blowing off an doesn’t sit right with me because I learn best hour or so at least once a week to What distinguishes Legal Writing by doing, so using those probably is not in my just hang out with people from your best interest. The CALI lessons are fantastic, classes. Go for drinks, check out a from other types of academic writing? though; while thankfully not as harsh as an movie, drive all the way to Mansfield exam question, just working through a set Reformatory for the haunted house Legal Writing Legal Writing is a law school. I have no doubt that judges of questions is just that much more practice. there—just do something that isn’t Professor branch of technical appreciate that, so long as the actual I’ve also seen study groups crop up law-related. It’s easy to forget that Karin Mika writing that requires legal arguments are ultimately credible. in hordes. After every class, several groups of we’re not all just numbers on a THE LEGAL certain components I believe legal writing makes people drift off to study rooms in the library, curve sometimes, and midterms are to be placed in a good writers even better. Prior to law restaurants, or coffeehouses to review and doing nothing to combat that notion. WRITING certain order. It is a school, most students are not subjected rehash material. While I am not a common We are all looking for COLUMN written representation to a step-by-step analysis of every written participant, there are a few something to give us an of a logical, almost word on the page. Most students come to people with whom I form advantage, some kind m a t h e m a t i c a l , law school as good writers, but cannot say impromptu study groups. of boost or magic bullet computation that just happens to be for certain what makes a piece of writing Even the professors that will make contracts written in words and not numbers. It is good or not-so-good except in generalities seem to be aiming for simple and turn every the written representation of the logical such as, “Flows better,” or “Seems efficiency. All of my classes gray area in torts black syllogism; thus, it is different from other to be clearer and more to the point.” have picked up the pace. or white. That search forms of writing because if one portion Legal writing tends to give The question as to whether takes time, and while is missing or out of order, or there is an students the tools to be able to diagnose the stuff we have listed on I will agree that it is extra part, it loses the logic necessary to writing so they can point to specific the syllabus will get done time well-spent, it’s form cogent and accurate legal analysis. items within a piece of writing that today is almost always a resounding “yes.” important to remember to loosen up, Legal writing also relies on terms of make the writing what it is. These tools I also feel like the material has gotten a bit lighten up, and not take everything art, and often seems to lack the stylistic are invaluable because they not only more complex. It’s no longer just a simple so deadly serious. Scrap the elaborate fluidity of writing that might normally allow students to write documents that topic with a couple exceptions; instead, it’s schedule and just hang out for a be done in an undergraduate setting. they can remedy on their own, but also an exception to an exception that puts what change. Soon enough, it’ll be cold Moreover, it is often not focused eliminate any belief that the evaluation we were originally looking at into a totally and nasty out, and then you can on unifying themes, such as explaining of writing is completely subjective. different topic with its own set of lovely concentrate on all that school stuff. similarities between cases or even critiquing a series of cases. Rather, it is Ask the Law Librarians: Answers to your questions about extracting appropriate elements of precedent in order to explain the existing Library offers Thanksgiving hours and other services law in relation to a set of facts. This distinguishes it from typical essay writing, By Sue Altmeyer & Jan Novak an appointment in advance and let the is a contest to build legal research which is often focused on taking different LAW LIBRARIANS librarians know your issues, the librarian skills. Each week, the library posts elements and bringing them all together. can pull sources and come up with searches a research quiz and awards a prize Although legal writing is much What are the libraries’ Thanksgiving in advance. We can help you narrow down to one of the successful answers. different than typical undergraduate essay hours? paper topics, provide a list of sources to All correct answers for all weeks writing, it does not stand alone as the only Answer: The law library will be open on: use, and show you how to search databases. will be entered into a drawing for type of academic writing that is different Wed., Nov. 25 from 8 a.m. to 6 p.m.; Sat., the grand prize drawing on Nov. 23. than the type of essay writing that might Nov. 28 from 9 a.m. - 5 Need to organize The grand prize is an Ipod be done in most Liberal Arts’ classes. p.m.; and Sun., Nov. your research Shuffle and goodies to help you Mathematical and Scientific analysis each 29 from 10 a.m. - 8 or create get through fall semester finals. requires its own format and language in p.m. The library will be bibliographies? Even though the contest order for it to be accurate and appropriate closed on Thanksgiving Refworks helps collect started on Sept. 14, it’s not too late for the discipline. Legal writing has a and the day after. and organize citations to join. There will be questions for tendency to fool people into believing that to articles, websites the weeks of Nov.2, Nov. 9 and Nov. it is similar to most forms of essay writing What can the law and books and creates 16. To sign up, sign in to Westlaw, precisely because there is a recognizable library do for me bibliographies in select TWEN, and add the Research narrative structure. However, there are besides give me a B l u e b o o k f o r m . 10K(nowledge) Race course. still many differences between legal quiet place to study? Ask a library staff writing and the type of writing that most Answer: The librarians member to show you Research Certificate Seminars entering students are used to doing. can help you select how it works. Or, Build your research skills by taking I have never believed that resources for research ask about a similar one-hour research classes, many anyone with creativity has been penalized p r o j e c t s , s u g g e s t open-source program with hands-on exercises. If you take in becoming a good legal writer. Creative search terms and help called Zotero. four classes, you earn a Research writers with logic and organization make put together a Lexis or Seminar Certificate. You can mention the best “legal” writers. True, there are Westlaw search. Here Want to practice the certificate on your resume to let patterns to learn at the onset, but once is a list of some library taking exams? employers know that you took extra those patterns are learned, the best writers services and upcoming events, which The library has an online database of past research classes. The last class for this are able to use their creative abilities to can help build your research abilities: exams given by C-M professors. We also have semester will be held on Nov.10. They their advantage and develop their own study aids that contain sample exam questions will be offered again in the Spring. style as legal writers. Good legal writing Research Consultations and answers, essay and multiple choice. Ask is not at all boring, and many students Need some help getting research done a librarian or look at our Study Aids Guide . Have a question? Send it to research. and attorneys have the ability to make for your paper? You can stop in the [email protected] a brief captivating by using many of library any time and ask for help with Research 10K(nowledge) Race questions will appear in The Gavel’s the same devices that they used before a research project. But, if you make The “Legal Research 10K(nowledge) Race” “Ask the Librarian” column. PAGE 4 NOVEMBER 2009 THE GAVEL

units. If they perform then they will be into the ninties for first time takers. Florida. The closest one was Florida State PRESIDENT recognized. If they don’t then we should to what do you attribute your prior University. Even FIU’s first graduating CONTINUED FROM PAGE 1 find someone else to do it. I feel no need to high bar passage rate success at FIU’s class had good passage rates because micromanage. when the demand is not met for a long With strong leadership of its own, don’t see myself time you can cull a very good quality Cleveland-Marshall has kept a degree i n v o l v e d i n pool. FIU had a large population base to of separation from CSU’s main that. I expect pull from and no competition. The local campus. What level of management the governance private law schools were very costly. do you see yourself having over C-M? of a college to Additionally, the Dean did a very come out of good job at cultivating an intellectual President Berkman: I have to tell you, I the interaction hot house at the law school inspiring feel a greater sense of connectedness, both of the faculty, creativity, diversity, and a good think visceral and literal, between C-M and students, and tank environment. This environment CSU than between FIU and its law school. administration. fostered the analytic skills needed to The law school’s position maintains it as I h a v e a pass the bar without teaching to the test. an essential part of the university along f u n d a m e n t a l the Euclid corridor. FIU built their law decentralized C-M and FIU share another goal of school at a distant location, making m a n a g e m e n t increasing diversity. FIU ranked highly it physically separate. Furthermore, strategy that among law schools for diversity by C-M has five dual degree programs we should drive multiple reviewing entities. Assuming with other colleges at CSU, keeping it the majority of this is a continued goal, how would well connected with the main campus. decisions down ABOVE: President Berkman after his inauguration. Courtesy of CSU. you continue this success to C-M? Besides, a little bit of differentiation is to those that are closest to the ground.” law school and how do you think you OK since law school is a different animal. could maintain this trend at C-M? President Berkman: Diversity was very Dean Mearns has to be given In researching your past successes, easy thing to achieve in Miami. The credit for producing significant change I see you focused on increasing bar President Berkman: I credit FIU’s metropolitan area is 75 to 80-percent in the law school. My basic management passage rates at FIU’s law school. good passage rates to an incredible latent diversity; 65-percent are Hispanic and motif is to allow a manager to have C-M has been successful doing the demand for public law education. There autonomous authority over his/her same; even obtaining a percent passage was no public law school in all of south SEE PRESIDENT, PAGE 5

erred by giving a particular jury instruction. detail about the severity of Spisak’s crimes. and then move to other things. Overall, ATTORNEY “In this case,” Cordray said, “He was quite, I suppose what the other we spent 30 minutes going through just “the jury was instructed that what you side of the case would say, overstated.” some of the worst passages plucked GENERAL should do is weigh the aggravating Cordray said, somewhat wryly. “He did out of context in his presentation.” CONTINUED FROM PAGE 1 circumstances against the mitigating what lawyers often do: if they sense that The Attorney General shared factors and you should find unanimously the jury is not persuaded that this client that he was confident in his argument Brown v. Legal Foundation, which upheld that either it outweighs it, in which case is innocent—which (Spisak) clearly was supporting the adequacy of defense the use of lawyers’ IOLTA accounts you return the sentence of death; or not here—and they sense that the jury counsel Shaughnessy’s overall trial to fund legal services for the indigent. you unanimously find that it does not is impressed with the horrific nature of performance. Cordray asserted that a Understanding the legal questions outweigh it, in which case you return one the crimes, they themselves—instead of thorough reading of the trial transcript at issue in Smith v. Spisak requires of two life sentences. The argument (of shying away from that and pretending that it clarifies what Shaughnessy tried to do. some detail about the facts involved. Spisak’s counsel) in this case was that this doesn’t exist—try to take the sting out by Attorney General Cordray suggested Over the course of several instruction violated Mills v. Maryland.” showing the jury that they themselves that though Shaughnessy may not months in 1982, Spisak carried out In Mills v. Maryland (1989), the appreciate how the jury must feel.” have executed his closing argument his own reign of terror in and around U.S. Supreme Court ruled five-to-four Cordray mentioned that tactics “beautifully,” he still carried- the CSU campus, killing three people that in the sentencing phase of a trial, each Justices Ruth Bader Ginsburg, Sonia out a reasonable, tactical approach. and shooting but failing to kill two juror must give weight to any mitigating Sotomayor, Kennedy, and Samuel Alito Cordray recalled the difficulty others. The dead included Rev. Horace evidence that the juror feels is established were concerned that Shaughnessy had, Spisak’s courtroom behavior presented Rickerson, CSU student Brian Warford in the case. Therefore, a judge’s jury in effect, given up on his client. Alito his defense counsel. Contemporary press and Timothy Sheehan, CSU’s assistant instructions go too far, and limit the jury’s went so far as to question Cordray coverage of the trial reported that Spisak superintendent for buildings and grounds. ability to weigh mitigating circumstances, whether he had ever seen a defense never displayed remorse for his crimes, In July 1983, a Cuyahoga County jury where the instructions require that the summation as derogatory of his own client professed “neo-Nazi” beliefs, carried a found Spisak guilty of all charges and Judge jury unanimously find a particular as this case. To Cordray’s relief, Justice copy of Adolf Hitler’s “Mein Kampf,” James J. Sweeney sentenced him to death. mitigating circumstance prior to weighing Antonin Scalia characterized the defense and gave jurors a “Heil Hitler” salute. After a series of state court it against aggravating circumstances. summations argument as “brilliant.” “It’s a coherent strategy that appeals, the Ohio Supreme Court upheld “I don’t think the jury instruction “Obviously any amount of (Shaughnessy) attempted to effectuate in Spisak’s sentence in issue is hard,” Cordray said, time spent wallowing in the details of this case and it’s not easy to see what he 1988. Later direct “because (AEDPA) tells (Shaughnessy’s) presentation was not would have done differently that would f e d e r a l a p p e a l s federal courts you should particularly helpful to me,” Cordray f a i l e d . I n 1 9 9 6 , not give relief in habeas said. “I needed to explain that away SEE ATTORNEY GENERAL, Congress passed the proceedings in criminal PAGE 11 Anti-Terrorism and cases unless you can find SHEEHAN E f f e c t i v e D e a t h that the state courts either copy of Hitler’s book “Mein Kampf.” Penalty Act (AEDPA), decided an issue contrary CONTINUED FROM PAGE 1 Then-assistant prosecutor which tweaked the to clearly established law his mother eagerly waited for Timothy’s Nugent handled the case, which resulted nature of federal ABOVE: Attorney General Richard at the time, or that they arrival, because he was supposed to take in a death sentence for Spisak. Nugent petitions for writs of Cordray before his lecture. Photo by unreasonably applied the family out to dinner for Brendan’s is now a federal Judge for the Northern habeas corpus. The Scott Davidson. clearly established law birthday. But Timothy Sheehan never District of Ohio. The trial inspired following year, the at the time. On this issue made it home that night. Earlier that day, he Sheehan to pursue a legal career. He U.S. District Court for they clearly established had been found dead in a men’s bathroom volunteered for Nugent’s campaign for the Northern District of law in Mills v. Maryland. on the Cleveland State campus, shot four common pleas court judge in 1984 and Ohio denied Spisak’s There was not a lot of time times in an apparent robbery-homicide. later enrolled as an evening student habeas petition. A spent on this issue at the Just 50 years old, Timothy Sheehan at C-M. Nugent continued to mentor series of Sixth Circuit argument. The court seemed left behind his wife and four children. Sheehan, and employed him as bailiff and Supreme Court to be content with how Police arrested Frank Spisak and during Sheehan’s law school career. proceedings followed. this issue was briefed.” charged him with the murders of Timothy Sheehan graduated from C-M in 1993 I n 2 0 0 7 , ABOVE: Frank Spisak during his The second, and more Sheehan, Rev. Horace Rickerson, and and passed the bar the following year. the Supreme Curt 1983 trial. Courtesy of cleveland. discussed, issue the Court student Brian Warford. Spisak also faced After President Bill Clinton remanded the case com. considered was whether charges for wounding a fourth person and appointed Nugent to the federal bench to the Sixth Circuit defense counsel’s conduct shooting at a fifth. The accused serial killer in 1995, the judge chose Sheehan as with instructions on how to properly had gone so far in discrediting his own was a self-proclaimed neo-Nazi tormented his law clerk. Four years later, Sheehan administer AEDPA. Subsequently, the client that it was in fact ineffective by his desire to become a woman. became an assistant county prosecutor. He Circuit Court reached the same result assistance of counsel under the Sixth The resulting trial devolved continued in that role until his election as and removed Spisak’s death sentence. Amendment. Analysis of this issue into one of the most bizarre incidents judge last year. When the United States On February 23, the Supreme Court proceeds under Strickland v. Washington in Cleveland legal history and forever Supreme Court announces its opinion in granted the State of Ohio’s second (1984), which set the framework for linked Spisak, Donald Nugent and Smith v. Spisak, Sheehan and his family petition for a writ of certiorari. ineffective assistance of counsel claims. Brendan Sheehan. Over four weeks may finally find closure. Regardless of Cordray reported that the Cordray noted that during closing in summer 1983, the trial became how the Court rules, Brendan Sheehan’s Supreme Court considered two issues arguments, the late Thomas Shaughnessy, a public spectacle. Throughout the life after his father’s murder has served during oral arguments. First, the Court Spisak’s trial counsel, went into great proceedings, Spisak donned an Adolf as proof that great things can arise from considered whether trial Judge Sweeney Hitler-style mustache and carried a the most difficult of circumstances. THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW PAGE 5 PRESIDENT Cuyahoga county reform Issues 5 and 6, examined CONTINUED FROM PAGE 4 15-percent African American. I had the By Kevin Kovach 6 charter, the county executive would be up for election in 2012 and odd- luxury of the university already being EDITOR-IN-CHIEF serve a four-year term and earn $175,000 numbered districts would be up in 2014. fully diverse. At CSU, however, we per year. The executive would have the According to ongoing analysis by have to encourage it. There is a way Unless you have lived out of the power to appoint, suspend, discipline, The Plain Dealer, county council district to go yet. Last year’s data showed an region or under a rock for the past year, and remove all county personnel, except boundaries make it likely that three of increase in minority enrollment by 20- you are aware of the ongoing federal probe for those appointed by the elected county the 11 districts would have Republican percent and overall enrollment increased into corruption council or representatives. Democrats currently hold by 25-percent. Those are some positive t h r o u g h o u t “I support Issue 6. Three (county commissioners) e l e c t e d all elected non-judicial county offices. The results of CSU’s efforts. The overall Cuyahoga County are not enough to decide the fate of such a prosecutor. county council would need the support of minority demographic of C-M is similar g o v e r n m e n t . diverse population. Having 11 council members A r t i c l e at least eight members to investigate any to demographics of main campus CSU: Legitimized public allows more voices to be heard. Having one III of the county official, including the executive. 15-16-percent minority population for distrust of county executive means that someone can be held to p r o p o s e d Issue 5 would create a 15- C-M and 22-percent CSU main campus. g o v e r n m e n t blame. There can be no more buck passing.” c h a r t e r member charter review commission to I would like to develop officials led to a Lindsey Wilber p r o v i d e s study county reform, conduct public more effective pipelines to reach the proposed county The Liberal Columnist that the 11 hearings on proposed governmental undergraduate population, encouraging c h a r t e r, w h i c h m e m b e r s restructuring, and draft a proposed them to head to C-M. I would like h a s b e c o m e “Removing from the voters the power to elect the of county county charter for submission to voters programs that help minorities prepare for county Issue 6. sheriff, coroner, recorder, and other offices is not c o u n c i l next November. People who vote for the LSAT. C-M is seen as a school that A f t e r reform. At best, it’s rearranging deck chairs on the would earn Issue 5 will also choose up to 15 charter is comfortable to minorities which helps Issue 6 supporters Titanic. At worst, it’s a power grab further removing $ 4 5 , 0 0 0 review commission members from a 29- attract other minorities. C-M should use collected enough government from voter accountability.” per year for person ballot of unaffiliated candidates. their reputation to recruit more nationally. petition signatures Matt Brakey part time The charter review commission to qualify for the The Libertarian Contrarian work and ballot contains two slates of candidates. The National Jurist ranked FIU’s law ballot, Cuyahoga County Commissioners would serve four-year terms, with One slate, which calls itself “Real Reform school at eighth for best value. For Peter Lawson Jones and Tim Hagan one caveat. To provide for stability, Done Right,” is a network of Democratic most C-M students, value in tuition was placed on the ballot Issue 5, a the proposed charter provides that the Party and labor leaders. “Real Reform a large component of their decision to proposed 15-person county charter five even-numbered council districts Done Right” only has 14 candidates attend. How was FIU able to keep tuition review commission. Proponents of would initially elect representatives because one person withdrew. The low and quality of education high? In each measure have routinely hurled to two-year terms. Consequently, response to a recent announcement accusations against one another ever since. even-numbered districts would again SEE ISSUES, PAGE 11 that our tuition is increasing spring Voters may feel just as confused semester, what plan do you have for about the competing measures now as Mayor Jackson touts fiscal record, migrating this situation to C-M? ever before. The following is a brief analysis of each county “reform” issue. Patmon challenges visible leadership President Berkman: Tuition was low What has become the county because Florida has the second most charter that Issue 6 proposes emerged affordable tuition in the country. The from a coalition of various interests who legislature controls tuition and it was their have for decades pushed to restructure priority to keep it low. I’ve seen a cycle county government. Issue 6 counts that begins with higher education getting among its supporters various business beaten up with tuition hikes, then once in interests, government reform advocates, a while there is a mini-renaissance and Republican leaders, some Democratic period of rectification in which improving leaders, The Plain Dealer, the League of education quality and reducing costs once Women Voters, and the Greater Cleveland again become a priority for politicians. We Partnership. Support for Issue 5 consists are going through a correcting period here. primarily of the county Democratic Our tuition increase for spring Party establishment, the African semester is 3.5-percent. We had authority American community, and labor leaders. to increase 3.5-percent for fall but chose The proposed Issue 6 charter to forego it until Spring Semester. We would create a single elected county felt it was too late to ask students to executive and an elected 11-member come up with it at the last minute. We county council. Among other non- ABOVE: Mayor Frank Jackson and challenger Bill Patmon joke during a recent debate. passed up $3.5 to $4 million in revenue judicial county officials, voters would Courtesy of the Plain Dealer. by not increasing tuition this fall. I elect only the prosecutor. The executive feel 3.5-percent is a modest increase. would appoint all other county officials, By Joe Fell Jackson has stated that he would like We operate on a biennium budget including the currently-elected sheriff, STAFF WRITER to expand the city’s recycling program. and moved the increase to the second year clerk of courts, and coroner. Existing Those who vote and root for the of the biennium. The legislature gave us a offices of county recorder, auditor, Election Day is Tues., Nov. underdog may cast a ballot for Patmon. 3.5-percent cut in our budget by reducing and treasurer would consolidate into 3, and the Cleveland mayoral race is Longtime Political observers remember the state share of instruction (SSI). The two appointed offices of county fiscal one of the biggest races on the ballot. the challenger from his 12 years on City total price of our education is determined officer and county treasurer. The county Mayor Frank Jackson, a C-M alumnus, Council. During his three terms, Patmon by SSI added to our contribution in the executive would also appoint a director is up for re-election against Bill Patmon, served as Chairman of the Council Finance form of tuition we pay the university. of public works and a director of law. a former member of Cleveland City Committee and gained a reputation as a When our SSI was reduced by 3.5- A proposed first-ever consolidated Council. In the Sept. 8 primary election, “watchdog” concerned about financial percent, we had to increase tuition by human resources commission is Jackson obtained 72-percent of the vote. mismanagement. Patmon made a previous that much to net a zero difference. At perhaps the most significant charter Patmon trailed in distant second with unsuccessful bid for the mayoralty in the end of spring we need to decide provision to draw little opposition. 11-percent, and barely edged-out Robert 2005. More recently, he has served as on any needed increases for next year. Under Article II of the Issue Kilo, a political newcomer, by just 425 a political analyst for WKYC and as votes. Fewer than 11-percent of eligible chairman of East Erie Enterprise LLC. Election law discussion brings voters in Cleveland cast primary ballots. Patmon has raised less money Elected in 2005, Mayor Frank and trails Jackson in the polls by a Jackson has favored down-to-earth significant margin. Much of Patmon’s together political opponents governance. This style has not prevented campaign has focused on the importance By Jason Csehi After opening remarks by Prof. Chris him from achieving several important of making Cleveland an attractive place STAFF WRITER Sagers, McTigue began his presentation. accomplishments during his first term. for business expansion. He has criticized While the speaker has done According to his campaign Jackson for failing to dissuade Eaton It’s not often that groups from work for the Democratic Party in Ohio, website, Jackson successfully balanced Corporation—a Fortune 500 company— both sides of the political aisle come the insight he offered on a bevy of the city’s budget without laying off from moving its headquarters to the together. But that’s what happened when topics kept the attendees’ attention. any employees, a feat that other big nearby suburb of Beachwood. Patmon Don McTigue, an election law attorney, He commenced by commenting that city mayors failed to achieve. During has also proposed to break the Cleveland spoke in the Cleveland-Marshall Moot election law starts with a theoretical his tenure, Jackson has also overseen Metropolitan School District into a few Court Room on the evening of Oct. 8. framework and that legal standards can neighborhood development projects small districts for easier management. The event was co-sponsored be confusing. In sum, McTigue said like the Euclid Corridor project. Both Jackson and Patmon by the C-M Democratic Law that for a standard of review, a strict The Mayor also touts reductions have conducted positive campaigns, Organization, the C-M Republicans, construction interpretation is required. in violent crime in 2007 and 2008. focused on the issues and the state the Democratic Lawyers Group, the He also told the audience that Throughout his campaign, Jackson has of the city. That differs greatly from Cuyahoga County Young Republicans, every election law is about limiting rights, stated that he would like to build a “green 2005, when candidates attacked then- the C-M Federalist Society, and the economy” in Cleveland and focus on Mayor Jane Campbell forcefully. C-M American Constitution Society. SEE ELECTION LAW, PAGE 10 economic development. Additionally, PAGE 6 NOVEMBER 2009 THE GAVEL Voting on Issue 3: is it a gamble? The Cleveland casino conundrum By Matthew Hebebrand that does not require all four casinos Canary in the gold mine: CONTRIBUTOR to be built or set up a timetable for TheEnd of Libertarian the fiat dollar-re Contrarianserve system? starting or completing construction. Some We’ve all seen the commercials analysts have hypothesized that only two A recently as 1971, $35 was the symptoms of by now: “Add 34,000 new jobs by voting on casinos will begin construction in the redeemable for an ounce of gold. Last i n f l a t i o n w i l l issue 3”; “Issue 3 will actually cause Ohio immediate future, including the one in month, the price of the yellow metal manifest themselves. Inflation warps to lose jobs.” Many Ohioans are scratching Cleveland, contributing only half of the reached a record high of over $1,070. markets and price signals, causing asset their heads right now trying to determine estimated job growth and state revenue. That is a staggering 30-fold increase over bubbles, malinvestment, and destructive which side is right and how their vote on The most common criticism of a 40-year span. What is gold telling us? boom-bust cycles. In many cases, it Issue 3 will affect the state’s economy. Issue 3 is that many of the jobs will go Early in the Nixon administration, has ended in currency destruction. It seems that every other year to specially-trained out-of-staters while due to excessive spending on guns and Increasing the supply of money Ohioans are voting on whether to allow the jobs that may go to Ohioans will be butter during the Vietnam War and Great neither creates nor destroys wealth, gambling in the state. But in bad economic low-paid, low-skill level employment. Society, the United States began inflating but rather clandestinely redistributes it. times with 258,100 jobs lost in the past Another common argument is the monetary base in order to meet its As is true with any counterfeiter, the year and unemployment at 10.1-percent the harm gambling eventually causes to ever-increasing financial obligations. At inflationist experiences a wealth accession last month, plus a nearly $900 million all communities, and ultimately to the the time, the western world was under the while the net wealth of society remains deficit in the state’s budget, the stakes this state. Citing statistics from other state Bretton Woods monetary system—the last unchanged. As economist John Maynard year are higher. After the Ohio Supreme after they introduced casinos, particularly vestige of an international gold standard. Keynes explained, “By a continuing Court struck down a plan to allow lottery Michigan after introducing casinos in While their own currencies process of inflation, government terminals in Ohio racetracks, Ohio’s Detroit, gambling opponents show how were not backed by gold, can confiscate, secretly and gambling proponents are putting all their foreclosures and bankruptcies may participating foreign countries unobserved, an important part efforts into ensuring Issue 3 passes, while increase throughout the state while crime pegged their currencies to the of the wealth of their citizens.” many in Columbus are hoping the revenue will rise in the individual cities hosting the U.S. dollar at fixed exchange Without the constraint of a gold from four potential casinos in the state will casinos.They also contend that introducing rates, and could redeem their standard, from the mid-80s fill up the state government’s dry coffers. casinos in Ohio will result in a net loss of dollar reserves for gold. until early 2008, the Federal The facts of the constitutional state revenue, as the growing amount Sensing inflation, Reserve slowly but steadily amendment Issue 3 proposes are defined of money spent on social services will foreign central banks began quintupled the monetary base. in the table (right). negate the taxes drawn exchanging their dollar reserves This significant but relatively While what Issue issue 3: in from the casinos. for gold, resulting in a de facto By Matt Brakey constrained inflation was 3 will do is pretty · Authorizes the construction A n o t h e r run on U.S. gold stockpiles. COLUMNIST shockingly departed from when easy to understand; of four casinos—one each argument against Rather than allow U.S. gold the U.S. entered the economic the repercussions in Cleveland, Columbus, Issue 3 is the lack of reserves to be stripped bare, President crisis last fall. Over the span of a few o f i t s p a s s a g e Cincinnati, and Toledo competitive bidding Nixon closed the gold window in 1971, weeks, the Fed doubled the monetary are much more i n v o l v e d i n t h e effectively defaulting on U.S. obligations base to bail out the banking system. · Creates a seven-member Ohio difficult to predict. Casino Control Commission, generation of these under the Bretton Woods system. This Where it sat at just over $800 billion Proponents appointed by the governor and casinos. The 33- subjugated the world into a new monetary in early 2008, the adjusted monetary of Issue 3 claim that approved by the state senate, to percent tax will be the regime in which we’ve been ever since. base now sits high atop $1,800 billion! 34,000 new jobs will regulate casinos lowest on casinos in Although the U.S. dollar continues to serve This new money has temporarily be created, and cite the country, compared as the world reserve currency, it no longer papered over the insolvency of the · Divides 33-percent gross the $200 million tax revenue among all 88 Ohio t o 5 5 - p e r c e n t i n has any backing of intrinsic value; its banking system. However, the ability the state will get counties and all Ohio school Pennsylvania, which value is derived solely from government for the Federal Reserve to withdraw in licensing fees districts, with small amounts used a competitive fiat and therefore can be created in this massive amount of liquidity is a and $1 billion in going to casino host cities, the bidding process, and infinite quantities and denominations. virtual impossibility without reigniting private investment. created Ohio Casino Control the highest being Particularly, in a fiat currency the collapse that preceded it. This is Commission, the Ohio State T h e y e s t i m a t e Racing Commission, state law 71-percent in Rhode system, it is critical to define what the catch-22 the Federal Reserve faces. $651 million in tax enforcement, and a state problem Island. Some on the inflation is and is not. Most modern The appearance that the worst of the revenue. gambling and addiction fund left are joining the economists define inflation as a sustained financial crisis is behind us is an illusory Issue 3’s opponents of Issue 3 increase in the general price level. This byproduct of unprecedented inflation. proponents argue · Sets licensing fees for casino on the right, deriding definition is deceptive and misdirects. When this tsunami of new that if casinos aren’t operators at $50 million each the ballot initiative It is analogous to diagnosing a disease money makes its way off bank balance built here, people · Requires proposed casino amendment process as the symptoms, rather than as the sheets and into the larger financial system, will spend their owners to contribute $250 being used by wealthy infection by an underlying pathogen. this country will be in the grips of an money gambling million each businesses to change Other economists define inflationary pandemic difficult to fathom. in other states. A our constitution to inflation as an artificial expansion As Austrian School economist Ludwig study done by the m a x i m i z e t h e i r in the supply of money and credit. von Mises plainly stated, “Continued Innovation Group concluded that Ohioans own profits. They worry about the Crudely speaking, inflation is money inflation inevitably leads to catastrophe.” took 17.8 million trips to other states to precedent this might set for the future printing; this is our pathogen. As Milton The inflation that produced gamble about $1 billion of Ohio money. of Ohio’s constitution. They claim Friedman said, “Inflation is always and the run on US gold in 1971 signaled They predict that if Issue 3 does not pass that Issue 3 represents a “sweetheart everywhere a monetary phenomenon.” the end of the Bretton Woods monetary the number of trips will rise to 18.8 million deal” that will only benefit its principle After an inflationary event, prices system. The inflation that has produced with $1.5 billion spent out of state by 2013. backers, Penn National Gaming, Inc. may rise, fall, or remain unchanged for a gold’s record price run is signaling the Opponents of Issue 3 find several and Dan Gilbert, Cavs owner and litany of reasons, just as a diseased person end of the existing fiat dollar-reserve flaws with its proponents’ arguments. Quicken Loans founder and chairman. experiences an incubation period before monetary system. The canary in the They point to language in the amendment exhibiting symptoms. Eventually though, gold mine is dead. We are on notice. STUDENT VOICES DO YOU SUPPORT ISSUE 3, WHICH WOULD PLACE CASINOS IN OHIO’S FOUR LARGEST CITIES, INCLUDING A LOCATION “I think the proposal offered in the “Yes. I myself have even “I’m not opposed to BEHIND TOWER Senate, which proposed a county- left Ohio to gamble. I gambling in Ohio provided it’s done properly. The CITY IN DOWNTOWN by-county vote on gambling and imagine other people the establishment of a state gaming leave the state to argument that it will CLEVELAND? commission sounds more reasonable gamble.” detract from local business photos & quotes from than a constitutional amendment Jeff Anthony, 1L is flawed.” Maryanne Fremion authored by a special interest group.” Neil Mcgowan, JD/MBA CONTRIBUTOR David Eagan, 3LE THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW PAGE 7 POLITICAL BROADSIDE THE FORUM FOR DEBATING THE HOT-BUTTON ISSUES OF THE DAY Issue 2: War in Afghanistan

Almost immediately election results as western President Obama the condition that NATO upon taking office, President attempts to cherry pick a has been busy over the and the Afghan government Obama sent 21,000 additional more ‘friendly” leader. If last two months. He has must first start to do more combat troops to Afghanistan, a decision is made to send made an appearance on against the Taliban. France bringing total deployment to 40,000 additional troops to David Letterman, traveled – in typical fashion – will 68,000 American soldiers. a nation where enough of to Denmark to charm the not send anymore troops. Full deployment of these the population views the International Olympic While Obama has been new troops is expected to government as a puppet Committee, rubbed elbows dithering around for the occur early this month. of the west, any hope with Oprah, dined with J-Lo, last two months, the U.S. In response the up-tick in for success will be lost. played some golf, drank a m i l i t a r y h a s b e c o m e troops, our NATO allies By Lindsey Wilber Second, a village-by- beer with some new friends, By Mike Borowski increasingly frustrated with have pledged to send more LIBERAL COLUMNIST village surge by American and even won the Nobel Peace CONSERVATIVE COLUMNIST his indecisiveness. Now the support troops and financial forces simply will not work Prize. He was so busy, in fact, talk is that he wants to wait aid to both Afghanistan and Pakistan. in Afghanistan the same way it did in that the one thing he forgot to do was send until the results of the election runoff However, despite the fact that Iraq. There are just too many cultural Gen. Stanley McChrystal the additional are completed before committing there are now more American troops in differences. The best way to execute 40,000 troops he requested back in August more troops to the region. What the Afghanistan than any time during the a surge strategy is to send well-trained to conduct a surge operation in Afghanistan. President fails to realize is that U.S. past eight years, Gen. Stanley McChrystal Afghani security forces in to the villages. Not a very smart move, considering that military strategy is not dependent on has requested an additional 40,000, for Any additional American troops should Obama referred to the war in Afghanistan as who leads Afghanistan. Regardless of a surge-like strategy. While President be sent to the porous border region. As a “war of necessity” countless times during the results, the Afghan government Obama has taken this request under Afghani forces chase Taliban leaders his presidential campaign. Maybe he got so will continue to be weak and corrupt. advisement, he is using this time to out of the villages, the additional caught up in the high life that he forgot about We are at war with the Taliban and reshape the policy for the war. Any troops will seal the border, preventing the whole Commander-in-Chief thing that Al Qaeda terrorists in the region, increase in the troop levels without a more them from reaching a safe haven in the founding fathers put in the Constitution. and while a strong, corruption-free clearly defined strategy - one with clearly Pakistan. Furthermore, focusing troops President Obama’s indecisiveness Afghan government would be a defined objectives - would be a return to on border will allow us to assist the has caused the war in Afghanistan to grind to welcomed ally, it is not a necessity. the imprudent policies of the Bush era. Pakistanis in their attempts to eradicate a halt. I’m not surprised. Obama’s indecision It is absurd for the President The President is correct to take Taliban and Al Quada strongholds. is a direct result of his inexperience. Come to wait until the run-off is complete to his time on this decision. The execution Finally, there must be a plan on, it’s not like anybody actually believed make a decision. Obama’s indecision of a successful war effort is difficult to end narco-terrorism. Any strategy all that malarkey about how working as is allowing the enemy to strengthen under the most prosaic of conditions, to weaken the Taliban must include a community organizer translates into its hold in the area. I guarantee that but the war in Afghanistan is unlike any a plan to dry its funding source. executive experience. We all should have the Taliban isn’t waiting for the run- other we have fought. Before President Heroin production from Afghanistan’s expected something like this to happen. off results before they stage another Obama decides to send more troops, he prodigious poppy fields accounts for Now, as a true sign of his attack on our troops. Ultimately, must have a plan is in place to ensure 60-percent of the Afghanistan economy. inexperience, Obama is forgoing the the price of Obama’s indecision them the best chance of success. For a The Taliban makes up to $100 million expertise of the Defense Department will be paid for in American blood. successful strategy to take shape, we a year off heroin sales, which it uses and his generals. He has instead decided The President should not first have to resolve several factors. to fuel terrorism in the region. But to let his political advisors in the White delay any longer and send McChrystal The President should wait the destruction of the poppy fields is House hijack the Afghanistan issue and the additional troops that he has until the results of the November 7 not enough; we must assist Afghani allow public opinion and the polls dictate requested. The troop surge in Iraq under run-off election are certified. The farmers in developing profitable crops. what measures he should take. You can’t President Bush was an undeniable Independent Electoral Commission found These are just a few of the expect to win a war that is based on public success that helped to stabilize the overwhelming evidence of election fraud many factors that must be addressed opinion. President Obama should pay region. He should implement a similar by supporters of President Hamid Karzi in in the decision to send more troops to attention to the message that he is sending tactic in an attempt to place the the August 20 presidential elections. This Afghanistan. This is a critical time in the to the rest of the world. His indecision is war effort on a firmer foundation. has dropped his percentage of the vote war. In order to have any success going not only emboldening the enemy to keep Gen. George S. Patton once below 50-percent and triggered a run-off forward, there must be a clear plan to its resistance going, but he is also sending said that the most important quality between Karzai and his closest competitor, eradicate the Taliban, ensure a stable, a message to our allies that we are not in a good leader is the willingness to Foreign Minister Abdullah Abdullah. legitimate government in the eyes of the totally committed to winning this war. make decisions. Thus far, President Abdullah poses a serious threat to Karzi, as Afghani people, and stabilize the region Without American leadership, the Obama seems to be content to just he has pledged to root-out corruption and on the whole. Such plans are not, nor rest of the world will let this cause fall to sit on his hands and wait to see how fraud at the highest levels of government. should they be, decided in haste in an the wayside. Allies are already beginning things play out. In a war, there is no No matter who wins the election, effort to pacify reactionaries. A successful to withdraw from the fight. Japan is pulling place for indecision and inexperience. it is imperative that the Afghani people strategy can come only after careful and two naval ships out of the Indian Ocean that President Obama needs to realize view the government as legitimate. There intelligent refection and deliberation. have been used as refueling stops for troops this before more American lives are are many in Afghanistan who still support This is exactly what the President en-route to Afghanistan, Britain has said it lost due to his indecisive leadership. Karzi, and view the invalidation of the is taking the time to do right now. will only deploy 500 more troops, under

Waiting until the results of the the war against the Taliban in My esteemed Republican college careful consideration, time should be November 7 run off election are certified Afghanistan. Biden probably seems to forget the amount of taken for solemn refection, and more is not necessary. As I have pointed-out, read a lot of books about vacation time our last President troops should not be sent without U.S. military strategy is not dependent military strategy during his took while waging not one, but a clear strategy for success. Some on who wins the election. Regardless five student draft deferments two wars. One of which was a people, including Mike Borowski and of the results, nearly 50-percent of the in the 60s, but I think ‘war of choice’ that siphoned off Dick Cheney, may call this dithering. population will view the government that the president should resources from Afghanistan, and Others call it what it is, taking as illegitimate and accuse the U.S. of listen to the experts at the is the reason we have gone eight responsibility for the lives of the men cherry picking a friendly leader. This Defense Department instead. years without a winning game plan. But and women of the American military. means that there will be no significant The only reason the Obama hey, he was the decider. President Bush’s An influx of troops sent into change whatsoever with respect to the administration has failed to make a ability to make a decision regarding the the villages and tribes of an area that support U.S. military operations in the decision is because they are scared that most nuanced of issues in the time it is already wary of the west, without region receive from the Afghan populace. making the correct decision and sending takes most of us to pick paper or plastic an understanding of the vast cultural Shifting U.S. military Gen. McChrystal the troops he requested has left most conservative believing differences, will not work. While more strategy from a counterinsurgency to a will have a negative impact upon the that deliberation is a sign of weakness. troops may be needed one day, sending counterterrorist strategy as recommended support from the left in the upcoming Making the choice to send more them now for a surge now because it by Vice President Joe Biden would November elections. Once again, we see troops to a war zone should be one of worked before, in a different war be foolish. After taking the time to that the Obama administration is all about most difficult decisions ever made by a in a different country, just to please develop a comprehensive assessment politics and not about what is right for Commander in Chief. It should be given one general, would be a mistake. of the situation in Afghanistan, the the security of America and our troops. Defense Department determined that Let the record show that I a surge of 40,000 additional soldiers wrote “dithering” in my column before would be the most effective way to win Dick Cheney publicly used the term. PAGE 8 NOVEMBER 2009 THE GAVEL Hall-LAW-ween SOCIAL at Panini’s SBA hosted one of its most well-attended events of the year, the Halloween social in downtown Cleveland, on Friday, Oct. 30. There, party-goers met Balloon Boy, Lady Gaga, “the Hot Cops,” The Flintstones, Fidel Castro, Captain Planet, a younger Professor Borden, and many more. Photos by Susanna Ratsavong THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW PAGE 9 UPCOMING STUDENT EVENTS THE GAVEL ASKS STUDENT LEADERS TO TELL US ABOUT THEIR UPCOMING EVENTS DATE ORG. EVENT DESCRIPTION PLACE TIME CONTACT Aja Brooks, BLSA President, 11/2/09 BLSA Outlining for Success TBA 5:00 p.m. [email protected] Cafeteria Deadline to sign up for graduation and Student Luisa Taddeo, SBA Vice President photos in the Law Library November Organization Look for SBA of Programming, LTaddeo@law. 11/3/09 SBA 11 Room Senators csuohio.edu Criminal Law Scott Forsman, sforsman@law. 11/4/09 Society General Body Meeting TBA 4:30 p.m. csuohio.edu Christine Rocco. HLSA Vice ILSA, HLSA, 10:00 a.m. to 5:00 President, [email protected]. 11/5/09 and APILSA International Food Fair Cafeteria p.m. edu Between 10:00 Ripcho Studies will be in the Law a.m. and 1:00 Library to take graduation photos p.m., and between Luisa Taddeo, SBA Vice President for all graduating students who Law Library, 2:00 p.m. and 8:00 of Programming, LTaddeo@law. 11/11/09 SBA signed-up November 3 room TBA p.m. csuohio.edu General Body Meeting and “Cover Letter and Writing Sample Do’s and Don’ts,” expert advice from Cooper & Walinski attorneys; lunch RSVP to wkowalczyk@law. 11/11/09 WLSA provided LB 201 12:15 p.m. csuohio.edu Aja Brooks, BLSA President, 11/11/09 BLSA Writing for Success LB 202 5:00 p.m. [email protected] Aja Brooks, BLSA President, 11/13/09 BLSA General Body Meeting LB 208 5:00 p.m. [email protected] Art After Hours Night: networking, live music, and beverages; free for WLSA members and $10 for non- Cleveland RSVP to sunny.nixon@law. 11/13/09 WLSA members Museum of Art 8:30 p.m. csuohio.edu Manna from Heaven: Feed the 12:00 p.m. to 4:00 Aja Brooks, BLSA President, 11/14/09 BLSA Homeless TBA p.m. [email protected] 11/16/09 Student to Organization Lindsay Wasko, SBA President, 11/20/09 SBA Food Drive Room all week [email protected] 11/16/09 to Coat and Mittens Drive for the Aja Brooks, BLSA President, 11/20/09 BLSA Men’s and Women’s Shelter TBA all week [email protected] Chris Coburn, leader of all Intellectual Property dealings at the Moot Court John Stryker, SIPLA President, 11/18/09 SIPLA Cleveland Clinic Room 5:00 p.m. [email protected] Aja Brooks, BLSA President, 11/18/09 BLSA 1L Concerns Committee meeting TBA TBA [email protected] Lindsay Wasko, SBA President, 11/21/09 SBA Soup kitchen volunteer opportunity TBA TBA [email protected] Did we miss something? Be sure to contact us at [email protected].

CLEVELAND-MARSHALL COLLEGE OF LAW WLSA Silent Auction attracts high bidders, GAVEL CONTEST! CLEVELAND STATE UNIVERSITY This contest judges how well you (216) 687-4533 TELEPHONE read The Gavel. Answer the below (216) 687-6881 FAX Proceeds benefit memorial scholarship fund questions correctly (write below [email protected]

questions or type). Tear out this the gavel box. Bring to Student Services EDITOR-IN-CHIEF Kevin Kovach desk to be dated and placed in The Gavel mailbox. LAYOUT EDITOR Top 3 winners will receive prize. Susanna Ratsavong Must print name/e-mail legibly to receive prize. STAFF EDITOR Tara Chandler

NAME: STAFF E-MAIL: Anonymous 1L Jason Csehi 1) In what case did Ohio Attorney Joe Fell Maryann Fremion General Richard Cordray present Jillian Snyder oral arguments before the United States Supreme Court? GAVEL COLUMNISTS Mike Borowski 2) What percentage of C-M’s first- Matt Brakey Lindsey Wilber time takers passed the Ohio July 2009 bar exam? GAVEL CONTRIBUTORS Scott Davidson 3) From what school did President Matthew Hebebrand Ronald Berkman come to CSU? Marilyn Robertson Jeremy Samuels John Stryker Nicole Lester, President of the Women Law Students Association, offers a 4) How much money has the bid to William Norman, 2L. The Annual WLSA Silent Auction lasted for three SBA allocated from its budget ADVISER Thomas Buckley days and had hot ticket items this year, such as Cleveland Cavalier tickets, to date? PRINTER P.M. Graphics various Cleveland Browns tickets and favors, opening night tickets to see Mamma Mia http://www.law.csuohio.edu/currentstu- Broadway show , dinner with the Dean and other professors as 5) Who is the top American general dents/gavel/ well as a vintage photograph of the Warren Court. The fundraiser supports in Afghanistan? All rights revert to author. WLSA’s Tammy Burkhardt scholarship. Photo by Susanna Ratsavong. PAGE 10 NOVEMBER 2009 THE GAVEL C-M Allies Symposium evaluates the movement for ELECTION LAW same-sex marriage and LGBT civil rights CONTINUED FROM PAGE 5

By Kevin Kovach have to change them yourself,” she said. Cimperman considered state and local and that the Secretary of State is to be EDITOR-IN-CHIEF Lambda Legal Midwest Senior LGBT issues. Cimperman sponsored obeyed in decisions of election law unless Staff Attorney Camilla Taylor followed, Cleveland’s domestic partner registry the decision is an abuse of discretion. In 2004, Ohioans passed a state and discussed her contributions to the and helped lead efforts to bring the 2014 McTigue often paused to take constitutional amendment to ban same- legal strategy that culminated in the Gay Games to Northeast Ohio. When questions. When asked why states like sex marriage, even after the General Iowa Supreme a n a u d i e n c e California have so many issues on the Assembly’s “Super Defense of Marriage C o u r t ’ s m e m b e r ballot, he answered that special interest Act (Super DOMA)” took effect earlier u n a n i m o u s q u e s t i o n e d groups pay to get items on the ballot the same year. The law provided that r e c o g n i t i o n the value of and, in turn, pay for the campaigns. Ohio would recognize neither the legal of same-sex t h e G a m e s , McTigue discussed unfair status nor rights of same-sex couples. m a r r i a g e . C i m p e r m a n campaign practices. He revealed Since 2004, the state has taken minor Taylor suggested the that Ohio is one of the few states steps towards recognizing the civil rights said Lamba e c o n o m i c that criminalizes false statements of lesbian, gay, bisexual and transgender Legal targeted i m p a c t m a y made during campaigns. Such laws Ohioans. On Friday, the Cleveland- Iowa because open minds. can apply to both ballot issues and Marshall Allies packed the C-M Moot of the state’s “I hope that candidates. McTigue said that Ohio Court Room with hundreds of lawyers, h i s t o r i c a l $60 million is addresses infractions quickly, and advocates, and community members leadership on something that noted that if a violation is found, a for a symposium to address those steps. c i v i l r i g h t s says to Ohio: probable cause hearing is held three- The symposium received support issues. Iowa ‘Open your heart to-five days after the complaint is filed. and funding from C-M, the Cleveland was the first and it may mean Proceedings can subsequently move State University Office of Diversity state to admit good things for to a full hearing of the Ohio Elections and Multicultural Affairs, CSU’s Gay, a woman to the our economy,’” Commission. Sanctions range from Lesbian, Bisexual and Transgender practice of law, h e s a i d . a public reprimand to being charged Student Services, the Ohio American desegregated P a n e l i s t s with a misdemeanor. A sanction of Civil Liberties Union, and several student public schools also discussed any type could then have a bearing on organizations. Allies divided the event nearly 80 years the recently- the outcome of a ballot issue or race. into panels on national, state and local, before Brown passed Ohio Ballot language proved a popular and international perspectives. Dean v. Board of H o u s e B i l l subject in the discussion. McTigue said Mearns introduced the symposium. Education, and 1 7 6 , w h i c h language must be summarized and Prof. Susan Becker opened w a s a m o n g TOP: Panelists listen to an audience member in the would extend objective when put on the ballot. He the national panel by praising C-M the first states balcony. c i v i l r i g h t s stressed that the language must be BOTTOM: An audience members poses a question. Allies for convening the symposium. t o l e g a l i z e Photos by Susanna Ratsavong. protections to read carefully, for writers have only She then led attendees through i n t e r r a c i a l LGBT persons “one shot” to do so. Once the language a presentation on the history of the m a r r i a g e . P a u l a has been submitted, it cannot be movement for LGBT civil rights. Human Rights Campaign Ohio Ettelbrick, Immediate Past Executive changed. “It boils down to how hyper- At one point during her Legislative Director Sarah Warbelow Director of the International Gay & technical you’d like to be,” McTigue presentation, Becker showed a photograph evaluated current legal challenges and Lesbian Human Rights Commission, said, stressing that an attorney must of San Francisco activists Phyllis Lyon potential legislation, including the concluded the symposium with a lecture act in his or client’s best interest. and Del Martin. In 2008, the couple Employment Non-Discrimination Act on LGBT rights worldwide. Ettelbrick McTigue also commented on the married, after 55 years together. Their (ENDA) crawling through Congress. The reported on provisions of Uganda’s anti- Disclaimer Law, which resulted from marriage occurred during the period legislation would prohibit discrimination homosexuality law. The statute requires McIntyre v. Ohio Elections Commission, between the California Supreme Court’s against employees on the basis of execution for any HIV-positive man a decision in which the Ohio Supreme decision legalizing same-sex marriage, sexual orientation, gender identity, who engages in homosexual intercourse, Court decided that the distribution and the passage of California Proposition and disability. Warbelow noted strong even if the person does not know he was of anonymous handbills had was 8 banning the same. Looking at a photo support for the principles behind the HIV-positive. Ettelbrick distinguished constitutional under Ohio’s election law. of the couple, Becker dead-panned , “You measure, stating, “More than 70-percent the law from Ugandan people as a A major area of interest was can see their life-long plot to undermine of Americans consistently agree that whole, observing that numerous groups campaign finance. McTigue noted traditional marriage finally paid-off.” it’s unacceptable to fire someone on have united against the law with the that this is where the “real law of Becker concluded her remarks the basis of their sexual orientation.” theme that it is “unAfrican to hate.” minutiae” is found. “Why lie [about by quoting Andy Warhol. “They say that Next, a group of panelists campaign contributions]?” asked an time changes things, but you actually including Cleveland City Councilman Joe audience member. McTigue replied that contributions are laundered, BLSA and SBA host first C-M dodgeball tournament there are limits on the amount that a person can contribute, and that people use false names. He also noted By Tara Chandler of John Stryker, that treasurers steal money and file CO-EDITOR-IN-CHIEF Anna Brown, false reports about contributions. Estina Munoz- McTigue advised campaign This year the Cleveland-Marshall Goertz, Udochi workers not to miss ballot application Student Bar Association decided to Onwubiko and deadlines. He also made it clear add some new events to the school Ly n n B o r i s that one should never lie on any social calendar, including an inaugural finished third. sort of report concerning campaign, dodgeball tournament. Supreme Bar Prizes suggesting that this is where people Review sponsored the event, in which were supplied think that they can get by with an forty-five students participated in nine by event sponsor infraction, but then are later found out. teams of five. The tournament took S u p r e m e McTigue also noted that the first place Friday, Oct. 9, in the Cleveland Bar Review. case heard in the new term of the State Recreation Center MAC gym. Members of U. S. Supreme Court concerned The Black Law Students the first-place prohibitions on campaign contributions Association co-hosted the event with t e a m e a c h from corporations. He said SBA, to coincide with BLSA’s health received $30. observers can in the coming months. and fitness week. SBA executives Second-place ABOVE: Members of the winning Cobra Kai team. Photo by Tara Chandler. Lindsay Wasko, Luisa Taddeo, finishers took Nicholas Costaras, Samantha Vajskop home $20 in C- officiated. Fellow executive Kevin M apparel, while each third-place CONTACT US! Marchaza also helped officiate when his team member received a free t-shirt. Submit photos, articles, eventual-winning team was not playing. The highlight of the tournament advertisements and other ideas to Marchaza’s team Cobra Kai came when Jeremy Samuels spun to [email protected]. emerged from the “losers’ bracket” to literally “dodge” the ball several times claim the title. Other team members before going out as the last member of the The Gavel meets once a month included Brandon Pauley, Garrick BLSA team. BLSA president Aja Brooks to discuss story ideas and make Soja, Mike Meyer, and Nick Mihalic. suffered a broken a finger, and SBA assignments. Our next issue will The Learned Hands team of Jim President Lindsay Wasko narrowly avoided be released toward the beginning Smolinski, Justin Eddy, Aaron Bernstein, injury herself when she took a hit while of December 2009. Daniel Dew and James Cochran claimed reffereeing a semi-final. Thankfully, she second, and the Team Ball Busters lineup emerged unscathed by the foam dodgeball. THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW PAGE 11 ATTORNEY Bar Coordinator Williams ponders July bar results GENERAL By Kevin Kovach CONTINUED FROM PAGE 4 EDITOR-IN-CHIEF individual student,” Williams said. passing,” he stated. However, Williams Cleveland-Marshall’s Ohio July He continued, “Sometimes, it’s the warned that a student who puts-off taking bar passage rate declined this year. Last amount of effort the student puts into the bar exam after already paying the fee have made a difference in the end, given July, 89-percent of C-M’s first-time takers studying. Sometimes, it’s the amount will have to pay to reapply for the exam. the facts of the case, and the way his client passed, and 86-percent of all C-M takers of stress the student is going through. Williams dismissed the notion made his own bed by his conduct on the passed the Ohio bar. This year, 86-percent Sometimes, it involves something that the bar exam is getting more difficult. stand,” the Attorney General said. “The of C-M graduates passed the bar on the personal that the student is going through. “The questions seem pretty much the argument (Shaughnessy) made might first attempt, while just 77-percent passed It could be any one of a hundred things.” same to me, going back to 1997. The bar well have resonated with some jurors.” overall. C-M’s first-time passage rate fell Williams stressed that if a examiners have all said their job is not to When discussing the Court’s slightly below the statewide average of graduate preparing for the bar faces fail you, but to test competency,” he noted. potential opinion, Cordray noted that 87.9-percent, and the school’s overall an unforeseen circumstance that The Bar Coordinator shared his the Court has never held that a closing passage rate fell well short of the statewide detracts from the person’s ability to advice for passing the rigorous exam. argument can by itself render assistance rate of 82.4-percent. Prof. Gary Williams, pass the exam, the student can wait “Hard work, as little drama as possible of counsel ineffective. Rather, the Director of Academic Support and Bar until the next time the test is offered. in your life, not working if you can at Court has always held that if a closing Coordinator, stressed that observers “You never have to sit for the bar, all help it, and having a certain level argument was prejudicial, appellate would be unwise to search for some even if you paid,” Williams advised. “You of confidence in yourself,” he said. courts can compare the closing larger trend or reason behind the decline. can go through the first day of the bar and Trying to glean something from argument with the rest of the trial. “It really comes down to the decide it is not for you, and drop out. It will the data he had compiled in the hours Cordray observed: “You have to be not count for you taking the bar and not after he received C-M’s results, Williams highly deferential to a trial counsel’s pointed to his MPT workshop, which strategic decisions if they are trying met once per week beginning in June. to make a clear effort to try to work The Gavel congratulates Moot Court “Out of the 18 students who didn’t on behalf of their client—even though for their achievements thus far in the pass (on the first attempt), 11 of those they adopt strategies we might not people did not attend three or more adopt or think of as substandard.” academic year. of the MPT workshops. Only three Cordray took audience of them attended four of the seven questions after lecture. Perhaps the At the Wechsler First Amendment Moot Court workshops or more,” Williams remarked. most contentious point came following a Competition in Washington D.C., the C-M team of “The MPT is worth upwards of question over death penalty philosophy. Craig Tuttle, Jill Murphey, and Stefanie 78 of arguably 600 points. I don’t know Cordray articulated that his support anyone who has failed the bar by 78 points. for capital punishment stems from Baker advanced to the semi-finals I know a lot of people who have failed by his tenure as a Supreme Court clerk, and scored one of the top briefs in 10 points or less. Doing well on the MPT when he viewed last-minute motions the competition. Team member Craig is one thing that if you just take two hours for stays of execution, and became Tuttle won the award for Best Oralist. a week to do and get feedback, gives you acquainted with the details of some of great value for your time,” he stressed. the most gruesome murders in the nation. An audience member followed by asking, “Isn’t it bizarre that you end up in the Supreme Court arguing that because CAREER PLANNING CLASSIFIEDS defense counsel did a barely-adequate job, FOR MORE INFORMATION, SEE OFFICE OF CAREER PLANNING we ought to execute this guy (Spisak)?” Cordray replied, “No. The argument is that we should execute this SYMPLICITY person (Spisak) because he committed JOB TYPE EMPLOYER LOCATION JOB NUMBER DEADLINE a series of heinous crimes—among the most offensive in the history of the CLERKSHIP U.S. Department of Justice Washington, D.C. 5043 11/24/09 state—and was unrepentant about it. You do not execute him because his defense LAW CLERK/INTERNSHIP/ U.S. Department of Justice counsel did an adequate job, but you SUMMER ASSOCIATE - Immigration Cleveland 5135 11/11/09 might refrain from executing him because his counsel did an inadequate job.” LAW CLERK/INTERNSHIP/ SUMMER ASSOCIATE Gervelis Law Firm Canfield, Ohio 5006 11/12/09 ISSUES LAW CLERK/INTERNSHIP/ SUMMER ASSOCIATE Judge Hollie Gallagher Cleveland 4981 11/13/09 CONTINUED FROM PAGE 5 LAW CLERK/INTERNSHIP/ other slate calls itself “Citizens Reform SUMMER ASSOCIATE Javitch, Block & Rathbone Cleveland 4978 11/13/09 Association of Cuyahoga County” and actually opposes Issue 5 and supports LAW CLERK/INTERNSHIP/ Issue 6. This slate of 15 review SUMMER ASSOCIATE Zuckerman, Daiker & Lear Cleveland 5111 11/14/09 commission candidates claims that it got on the ballot to give Issue 5 supporters LAW CLERK/INTERNSHIP/ a choice of commission candidates. SUMMER ASSOCIATE Thomson Reuters Cleveland 4993 11/17/09 If voters approve Issue 6, it will take effect January 1. Much discussion has considered what will happen should LAW CLERK/INTERNSHIP/ voters approve both Issue 5 and Issue SUMMER ASSOCIATE Masters & Sivinski, LLC Not listed 4551 11/26/09 6. Cleveland attorney Eugene Kramer helped draft the proposed Issue 6 charter LAW CLERK/INTERNSHIP/ The Cleveland Clinic and shared what has recently become the SUMMER ASSOCIATE Foundation Cleveland 3990 11/28/09 primary view of such an election result. City of Canton Prosecutor’s “If Issue 5 passes, the 15 persons EXTERNSHIP Office Canton 5045 11/24/09 who receive the greatest number of votes will constitute a charter commission, SUMMER HONORS Securities and Exchange whose job it will be to draft a charter—or PROGRAM Commission Washington, D.C. 5143 11/15/09 amendments to the then-existing charter— FELLOWSHIP CDS International, Inc. New York City 5134 12/1/09 for submission to the electors at the November 2010 election,” Kramer said. Pickrel Schaeffer & Ebeling, But he cautioned that the charter ENTRY-LEVEL ATTORNEY LPA Dayton 4976 11/13/09 review commission does not have to Douglass & Associates Co., propose a charter or amendments. “If ENTRY-LEVEL ATTORNEY LPA Cleveland 4994 11/19/09 for some reason the commission were to fail, or decide not to, submit anything ENTRY-LEVEL ATTORNEY Atlanta Legal Aid Society Atlanta 5017 11/20/09 it is hard to see how a court would be The Chaet Kaplan Baim able to compel them to do so,” he said. ENTRY-LEVEL ATTORNEY Firm Chicago 5024 11/23/09 PAGE 12 NOVEMBER 2009 THE GAVEL

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