Georgetown Law Weekly

The Student Newspaper of Georgetown University Law Center in Washington, D.C. “Uninhibited, robust, and wide-open” VOLUME 40 TUESDAY, JAN. 20 TO FRIDAY, JAN. 23, 2004 NUMBER 14 SBA reviews Job search ruffles a few 1L feathers by Jessica Mazzaro, 1L ExamSoft, Law Weekly The start of the spring semester student group also means diving head first into the job search for first years. While 2Ls have the hunt primarily finished funding before Thanksgiving and the vast by Mark Leighton, 3L majority of 3Ls are settled from the Law Weekly summer before, 1Ls must not only re- acquaint themselves with what it The Student Bar Association held means to be a law student, but also the third-to-last meeting of its 2003- familiarize themselves with the legal 2004 membership last Monday night. market. In addition to finding a job, The student delegates discussed an many of the offerings for 1Ls are assortment of items, including the unpaid, so students are also faced upcoming decision on whether to with the issue of securing EJF or other replace ExamSoft with an easier-to- outside funding to finance their sum- use program. mers. The faculty are considering A good number of 1Ls have bid whether to replace ExamSoft and get a for interview slots with potential Photo by Nicholas C. Erickson, 1L new program to administer exams for employers in the public interest or Objects of 1L frustration. typers, or whether such a program is government sector that will be pres- happy with the number of opportuni- is from the D.C. area and now goes to even needed. The delegates at ent at the GW/Georgetown Public ties available here, and has done some school here, but would like to work in Monday's meeting were asked to Interest Fair. There is a pre-screening independent research about organiza- a different market. She is worried this sound out their constituents about process, however, and students will tions that interest her. Currently she will not be feasible since she does not their views in order to pass them on to not know which employers, if any, is mainly counting on the have geographical ties. "I feel like the decision-makers. (Editors Note: See they will interview with until at least GW/Georgetown Public Interest Fair here at Georgetown we are pretty more on ExamSoft in discussion on E-4) Jan. 23. Several students have noted that is occurring Feb. 7 to help her well known and could always find Last Monday's meeting was the that they intend to use this program find employment. Torrez said she is something in D.C. I just hope that first of the new year, and the group as a springboard to conduct the rest of not feeling "overwhelmed or disheart- translates to the rest of the country as had previously met in late November, their searches. ened" yet, but she is also at the begin- well." just before finals. At that meeting, the Marya Torrez, 1L, has concentrat- ning of her search. Some students have decided to ed her search for public interest Megan Palmer, 1L, is a little more See 1L JOB SEARCH, page 5 See SBA, page 4 employment in the D.C. area. She is nervous about the whole process. She Supreme Court hears oral arguments SPECIAL

by Stephen Borgo, 4E Law Weekly EDITION:

On Tuesday, the Supreme Court revisited the issue of State Sovereign EXAMS Immunity under the Americans With Articles: Disabilities Act (ADA) when it heard Typing Versus Writing oral arguments in Lane vs. Tennessee. In E-1 a nutshell, state sovereign immunity Cheating at GULC derives from the Eleventh E-1 Amendment, which prohibits suits for Do Exams Test Class Material? damages in federal court or in state E-1 court when using federal law against Exams Versus Real World Practice states or their entities. The Court first E-1 addressed the issue approximately Reminder: Check for Exam four years ago in Board of Trustees of the Conflicts University of Alabama vs. Garrett, when E-2 it held that under Title I of the ADA, Photo by Nicholas C. Erickson, 1L Special Report: The U.S. Supreme Court heard oral arguments in Tennessee vs. Lane Tuesday. Congress did not adequately abrogate ExamSoft provided by states and their entities. became aware that the courthouse did state sovereign immunity because of E-4 To provide a small background of not have elevator access to the room inadequate statistical evidence and Opinions: Silence is the congressional committee records of facts in the case, the respondent, where his proceedings were to take past discrimination in state employ- George Lane, who is a paraplegic and place. As a result, Mr. Lane was forced Golden Rule: ment. Tuesday's case dealt with the uses a wheelchair for mobility, was to crawl up two flights of stairs to Earplugs same issue, only this time under Title charged with a criminal offense. participate in his own defense. E-4 II of the ADA, which prohibits dis- When he attempted to appear at his Earphones crimination to programs and services initial court appearance, he quickly See SUPREME COURT, page 5 E-4

Weekly Horoscopes and Unilateralism in Iraq - Special Edition: EXAMS Relationship Advice pros and cons Insert page E-1 Page 13 Page 15 PAGE 2 GEORGETOWN LAW WEEKLY EVENTSEVENTS TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 BriefsBriefsBriefsBrief sBriefsBriefs!BriefsBri

ADR Competition Mass Schedule The ADR division of the Sunday Mass will be celebrated in Barristers’ Council will be holding try- the Chapel at 11 a.m. and 5 p.m. Daily outs open to all 1L, 2L, 1E, 2E & 3E stu- masses will continue to be held daily dents. Registration takes place at 12:15 p.m. and Mondays and Tuesday, Jan. 20, from 10 a.m. to 2 Wednesdays at 5 p.m. in the Chapel. p.m.; Wednesday, Jan. 21, from 4 p.m. to 8 p.m.; Thursday, Jan. 22, from 4 p.m. to 8 p.m.; and Friday, Jan. 23 from 10 a.m. to 2 p.m. The Preliminary Women In Health Care Law rounds of the competition take place on Jan. 31 and Feb. 1, and the Final Are you a woman? Do you have Round takes place on Feb. 8. For more an interest in Health Care law? The details, email [email protected] Roscoe Pound Institute will be award- town.edu. ing the Elaine Osborne Jacobson Award for Women in Health Care Law. Candidates receive $3,000 and an all-expenses paid trip to Boston. Nominations must be made by a dean More Incentive to Work Out or professor, and must be made by The Fitness Center announces that Jan. 26. Rules are available at the J.D. it will be hosting its annual “I WIN” Assistant Deans’ Office, Room 308 and fitness competition. To participate, online at www.roscoepound.com. exercise for 30 minutes four times per week for the next eight weeks. You are not required to use the Fitness Center, and the 30 minutes can be broken Public Interest / Government down in any way you want. For more information, see Karen Pierce in the Interview Program Fitness Center. Beginning Jan. 23, those who signed up for the GW/Georgetown Public Interest/Government Interview Program will receive email Crossword solution on page 4 notification if you have been selected Study Abroad to interview with an employer that Brochures are now available to you submitted a bid for. Interested apply to study in London at the parties should also check Office of International and Graduate http://www.eattorney.com for new Picture of the Week Programs, Room 352 McDonough information. Hall.Admissions will be conducted on a rolling basis. For more informa- tion, e-mail Terrie Puckett, Manager of International Programs at [email protected]. Popcorn and Playbills The Office of Student Affairs is selling passes to films screened at AMC and Loews movie theatres. Tickets are limited to two per buyer and cost $5.50 a piece. To purchase, Show Your ‘04 Pride! stop by the Office of Student Affairs at Stop by the Graduating Class table Room 170 in McDonough Hall. to pick up your t-shirt. Donors of $15 A limited number of tickets are or more towards the class gift receive available for Mama Mia, Alvin Ailey, a free Class of 2004 t-shirt. Drop your and Henry IV, Part I. Tickets are also gift in the Class Gift box in the Office available for the National Symphony of Student Affairs, or contact Sara Orchestra performance on Jan. 23 at 8 Strother at [email protected]. p.m. For more information about these tickets, call the Office of Student Or, if t-shirts aren’t your thing, Photo by Nicholas C. Erickson, 1L you can shell out a little more cash for Affairs at (202) 662-9292. Ice skaters enjoy the temporary rink at the Smithsonian Sculpture Gallery at a navy sweatshirt with grey embroi- Constitution and 7th Street N.W. Open from 9 a.m. to 11 p.m. Monday dery in the Office of Student Affairs through Saturday and 10 a.m. through 9 p.m. on Sunday. Tickets are $6 for for $45. adults and $5 for students with ID for two hours of skating along with $2.50 skate rental. Students who would like to submit an interesting GULC related Registration for Clinics picture to the Law Weekly for publication may email it to laweekly@bull- Students who would like to enroll dog.georgetown.edu or bring it by the office in Room 161. in a clinic during the 2004-05 academ- Do You Fear Large Firms? ic year must apply online by March 26, The Office of Career Services will 2004, and submit any required supple- be holding a “nuts and bolts” tutorial mental application materials by March designed to provide information to 31, 2004. Clinic application packets Success in the 1L Job Doing Well, Doing Good students interested in working for will be available beginning February Search Come join the ACS Georgetown medium and small size firm in a wide 23, 2004 in Room 336, at the Registrar's Tomorrow, Jan. 21, from 4 - 5:30 chapter and D.C. Lawyers' Chapter variety of geographic markets. The Office, and at p.m., OCS will host a panel in the for an honest and provocative panel session will be conducted Jan. 26, at (www.law.georgetown.edu/clinics). To Moot Courtroom on how to conduct a discussion on how to stay active and 3:30 p.m. in Room 109, McDonough learn more about the clinics, please first year summer job search. This progressive at a large law firm. A Hall. join the clinical faculty at one of the event will feature students speaking catered reception will give you the two Clinic Town Meetings on March 3, of experiences with international opportunity to network with some of 2004 at 3:30 p.m. and 8:00 p.m. in the internships, law firms, judicial clerk- D.C.'s leading liberal lawyers. This Moot Courtroom. Representatives ships, and public interest work. The event will take place on Wednesday, from each of the clinics will also be event is sponsored by the Professional Jan. 21 at 6:30 p.m. on the Gewirz 12th available to answer questions at the Development Committee of Phi Alpha floor. Clinic Party/Q&A on March 17, 2004, Delta. 4-6 p.m., in the third floor atrium. TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 EVENTSEVENTS GEORGETOWN LAW WEEKLY PAGE 3 Students vote in straw poll by Catherine Tenney, 1L limited to Democrat candidates or vot- Law Weekly ers. President Bush was also on the ballot, garnering 17% of the vote, and Former Vermont governor Junker stressed that since the poll was Howard Dean took the top spot in the conducted by the Law Democrats, straw poll of Presidential candidates support for candidates of other parties sponsored last week by the was likely under-represented. Bill Georgetown Law Democrats. Ferreira of the Law Republicans was Students, faculty and staff submitted happy just to see so many students 605 ballots during the vote, which was voting. "There's no doubt that college held over two days outside the cafete- students could swing the vote in 2004 ria. Barry Junker, 1L, the poll's organ- and it will be interesting to see izer, said he felt encouraged by the whether the events of the last three turnout. "The response was over- years have made students more pas- whelmingly positive … People seem sionate about politics," he said. to enjoy the chance to express their The Law Democrats scheduled opinion, particularly if it is so conven- their poll to coincide with the non- until party caucuses in March. The whether here in the District or in their ient." binding primary held in Washington, Democratic National Committee home states. "Hopefully, this will spur Dean's win should come as no sur- D.C. last Tuesday, in which Howard urged the District to make its contest the interest of those people who have prise to those who have been follow- Dean was also the winner. The District nonbinding in order to preserve the so far only followed the races tangen- ing the polls in early primary states. had hoped to draw attention to its lack traditional first-in-the-nation status of tially or not at all," Junker said. "While Dean is the clear front-runner in New of voting representation in Congress the Iowa caucus and New Hampshire the national contest is getting most of Hampshire, with a nine point lead on by scheduling its contest early in the primary. The absence of several lead- the attention, the Congressional and his closest challenger, General Wesley primary season. ing candidates and the nonbinding local races can have a profound impact Clark. In Iowa, where caucusing gets But only Dean, the Reverend Al nature of the primary contributed to a on how our country moves forward. underway on Monday, Dean is also Sharpton, Carol Moseley Braun of low turnout, with just 15% of eligible We want people to get active and get the presumptive leader, though polls Illinois and Rep. Dennis J. Kucinich voters casting ballots. involved." Comlpete poll results can are showing movement by Rep. campaigned here, in recognition of the The Georgetown Law Democrats be found on Georgetown Law Richard Gephardt and Senators John fact that the District's convention dele- hope the straw poll will encourage Democrats' website at http://www.gul- Kerry and John Edwards. gates will not be officially selected students to vote in this year's elections, cdems.netfirms.com. But the campus straw poll was not ELF hosts justice panel ACS: Lane v. Tennessee by Katharine Clark, 1L close the Uline Arena trash transfer by Shawn Bates, 1L was cautiously optimistic about the Law Weekly facility that once polluted her neigh- Law Weekly day's arguments, saying "I think we borhood. The NNNTF enlisted the will win. And I did not think that On January 14, in McDonough help of GULC's environmental clinic The ACS panel discussion of Lane when we walked into the Court this Hall, four leaders in the environmen- at the Institute for Public vs. Tennessee drew a capacity crowd to morning." tal justice movement discussed their Representation and ultimately was the 12th floor of Gewirz Tuesday His spirit of optimism was not work in a panel entitled successful. "No one wanted our case. evening. Lisa Brown, Acting shared by the entire panel, though Environmental Justice: Origins and No one," Darden said, "except the Law Executive Director of the American there was an undercurrent of opti- Challenges, Public Interest Practice, School." She reminded the audience Constitution Society, gave a brief mism amid the dire warnings of what and Community Development. The that "some … [African-American] introduction before turning the panel an extreme anti-federalism opinion Environmental Law Forum (ELF) and communities are still covered with over to the moderator, counsel to the could mean. One of the reasons for the Black Law Students Association trash, garbage, and they're having Paralyzed American Veterans and this optimism was what Arlene (BLSA) co-sponsored the discussion serious health problems ... and they GULC alum, Bob Herman. Herman Mayerson, self-described "movement and reception. Professor Richard don't have the means to fight this then introduced the panel and the lawyer" with the Disability Rights Lazarus served as moderator. legally." "post mortem, which we all promised and Education Defense Fund Charles Lee, Associate Director of Venious Parker, Chair of the we would never do again after law (DREDF), called "an ideal set of facts. the Office of Environmental Justice at NNNTF, recalled his experiences "liv- school." We could not have asked for a better the Environmental Protection Agency ing within the boundaries of the Uline None of the views expressed case." Adding to the facts themselves (EPA) and a primary figure in the Arena." Noting that, since the Arena were those of the State of Tennessee, was the response of the Tennessee environmental justice movement closed, trash trucks stopped shaking but the panel still provided an excel- counsel to Justice O'Connor's query identified "the three dilemmas of envi- his walls at 4:30 a.m. and he could lent background on the issues and as to alternative remedies for Lane ronmental justice today: [how to] inte- open his windows again, Parker sec- possible effects of the decision. should the ADA not be deemed grate civil rights and environmental onded Darden's thanks to the clinic. With Lane vs. Tennessee, the Court applicable to state governments. His legal concepts within the context of Judith Wallace, 2L, Treasurer of will decide the fate of Title II of the immediate and unequivocal answer environmental law, [define] dispro- the ELF, was "pleased with the American's with Disabilities Act. On a was a simple, 'No, thank you..' The portionate impact" of laws and envi- turnout and that it was a civilized dia- broader note, the panel argued that consensus among the panel was that ronmental factors, and move toward logue with people who have different the decision in Lane will also have this lack of other redress to the prob- solutions. Lee asserted that, in defin- perspectives but who share a philoso- profound implications for Federalism lem would be very persuasive to ing disproportionate impact, agencies phy about what the goals are." and the power of Congress to man- Justice Sandra Day O'Connor in par- must consider "not just biological, but Tom Chance, 3L, President of the date standards for the States. Thomas ticular, and with the facts of this case sociological factors." ELF, "would have liked to see a little Henderson, a member of the Lawyers not in fact implicating access to hock- Jerome Balter, an attorney at the more time for [the panel] … to get Committee on Civil Rights, noted that ey rinks, as Justice Scalia had put it, Public Interest Law Center in more on some of the stories and with several recent decisions "the but instead access to the courts. Philadelphia, responded, "What Mr. maybe a little more background expla- Court has put Congress in the posi- Responding to a question from Lee told you doesn't add up to a thim- nation." The time was short "partially tion of an administrative agency." Doris Ray from the Endependence bleful of value" because "the EPA has because of room crunches and partly Requirements and demands for "evi- Center of Northern Virginia, Patricia never found a violation of civil rights. because [the ELF] wanted to do it on dence, documentation, and a wide- Millett, the attorney from the Solicitor Moreover, even if they did, there is Wednesday afternoon," a popular spread pattern of discrimination" General's Office who has now written nothing they could do about it." Under meeting time. when reviewing legislation act as four briefs for the Court on these their regulations and under the Alecia Jenkins, 2L, said she "strangely impeding [to] Congress's issues, Lane "forces the Court to deal Supreme Court holding in Alexander thought "it was interesting that people ability to take the social temperature" with issues in a way it has not had to vs. Sandoval, private citizens cannot are finally starting to see the link of the country, according to Paul respond to before. I mean, how are bring a lawsuit to enforce the civil between environment and health Wolfson, Of Counsel to the ABA, there going to be cases about not rights regulations of a federal agency. issues." which filed an amicus brief in support being able to get into the courthouse if Balter won an opposite ruling from Professor Lazarus commented of Lane's position. the people can't get into the court- the Third Circuit Court of Appeals a that "the thing I like most about the The entire panel was preoccupied house?" few days before Alexander was decid- event is that it was completely … stu- with Justice Antonin Scalia's formula- The evening also had a surprise ed. Balter closed by saying that "If we dent-driven." He was glad that the tion of questions on the effect of the visitor in Bill Brown, the attorney are serious about doing something panel had "a theoretician … the grass- ADA and its burden on hockey rinks from Cleveland, TN who first accept- about environmental justice, we have roots people … and a fighter." Lazarus as public venues. However, even the ed George Lane's case. Though not on to change the law." asserted, "that's the major message of persistent questioning by Justice the panel, Mr. Brown stayed to Helena Darden, member of the environmental justice - that you have Scalia did not seem to have severely answer questions from the group Near Northeast Neighborhood Task to have the community people there. It dampened the spirits of Thomas during the informal reception follow- Force (NNNTF), recounted her fight wasn't just a bunch of lawyers." Goldstein, co-counsel for Lane, who ing the discussion. with D.C. government officials to PAGE 4 GEORGETOWN LAW WEEKLY NEWSNEWS TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 Many GULC professors writing books by Chen Fong Goh, 1L Two years in the making, this proj- Professor Chused has con- Law Weekly ect is partly supported by a fellowship tributed a chapter to Property Stories from CNDLS and will be ready for which will be published this spring. It Adding to their already busy class this fall. Donahoe has not yet collects articles on important proper- schedules, a number of resident decided if she wants a publisher ty law cases. He is also working with Georgetown Law Center Professors because she thinks it is easier to just Wendy Williams to produce a book, are also now in the process of writing post it on courseware. Gender and American Legal History, books on a wide variety of legal topics. Professor Oldham has three proj- within two years. The book is intend- Professor Donahoe is planning to ects running. First, he is producing a ed to be a cross between a text and a make an electronic casebook. She paperback, English Common Law In the history or anthology that can be used hopes to revolutionize the teaching of Age of Mansfield. This is designed to be in academic settings as a teaching legal research and writing by making accessible to a popular audience and tool. it an interactive experience which lay out the "landscape of common law Chused's third project is not for "tries to engage the students in learn- that the founding fathers would have general publication. He has taught ing." The book will teach students how understood." Section Three property for many to research and guide them in the Oldham's second project is to years but has recently started teach- process simultaneously - for instance, write Volume X (1760-1820) of The ing legal process. He wishes to a professor can hide a certain brief in Offical History of The Laws of England. revamp the way this course is taught, this e-book that will only be revealed This is a huge international effort that moving it closer to what he character- when the student finds the law on will take him until 2006. He is also izes as the "Section Three Ideal," by point. working on a book, Trial By Jury, that coming up with a new set of materials Professor Chused’s latest contribution essentially republishes and supple- to be used starting Fall 2005. issue their final proposal for Basel ments with unpublished papers his Professor Tarullo wants to have Accord II. Since Tarullo thinks Basel II work on this topic. Oldham feels that the last word in international banking is unworkable, his book will raise civil juries are alive as an institution regulations. He is concerned that pro- awareness of the difficulties and influ- despite the increasing use of plea bar- posals for a second Basel Accord are ence ideas for Basel III in the future. gains and settlements to bypass the inappropriate and unsuited for bank- All faculty interviewed regard their jury process. ing systems in developing countries. self-appointed tasks as within their Professor Luban has almost fin- Noting that the technical demands expertise. Donahoe's main problem is ished the fourth edition of his Legal proposed for the new banking regula- with the actual coding of the e-book. Ethics casebook. He is adding very tions require extremely sophisticated Oldham has to spend time in museums, interesting stories on Lindh, Stewart oversight, he says that these rules are Inns of Court archives and the Public and the Enron Debacle. He observes clearly not feasible for banking sys- Record Office in Britain each summer wryly that new ABA regulations are tems in emerging markets like China because the manuscripts he needs to problematic because if a young lawyer and Brazil. Currently, only ten to examine are often not found in printed dates a client's employee and "attrac- twenty U.S. banks are capable of meet- form. Luban mused that he has to keep tion proceeds to consummation", the ing these standards. inventing new legal ethics situations attorney could lose his or her license to There has been an international without sounding ridiculous, and also practice. convergence of national standards in commented that new decisions like Luban is also working with banking, but that has made a sensible Hamdi and Padilla compel him to keep Professor O'Sullivan and a practicing set of domestic banking rules harder to updating his casebook even as it is being international lawyer, David Stewart, administer. Tarullo stresses that the written. Chused says his project on gen- on a currently-untitled project to pro- main challenge is with "regulating the der is not too ambitious. His problem is duce an international criminal law global economy in a world of nation with downsizing and choosing what casebook. They seek to surpass exist- states." The Institute for International material to exclude. And Tarullo's last ing casebooks by expanding the treat- Economics will publish this book. Due word on problems faced while prepar- Photo by Nidholas C. Erickson, 1L ment of criminal law cases to include to its timeliness, it must be published Some books already written by GULC ing his book? The same problem we all professors are displayed on Floor 5 cases from foreign jurisdictions. by summer just as the Basel regulators have - he has too little time! SBA completes student group funding decisions

SBA from page 1 Fentrice Driskell made clear she did $35 this year, up from $25 last year. explained that table tents could com- not want the group to second-guess Watt also reported that she had municate the policy to students, but spring funding requests for student the committee's work. "We've worked looked into the feasibility of produc- the delegates ended up voting down groups were considered and voted really hard" on the totals, she assert- ing a yearbook for graduating stu- the resolution. on. ed, while asking the group to refrain dents. In years past, there has been a Several planned resolutions were The appropriations process from altering them. small book that contained graduating postponed for future meetings. begins with student groups submit- A few delegates did seek to inde- photos of the 3L class. However, the Nathan Headrick, 3L President, noted ting initial requests in the spring for pendently examine the budget totals. time necessary to compile the book, that there would only be two more either the upcoming year or only the Elle Sutherland, 1L Delegate, asked coupled with the expense, had ended opportunities for delegates to achieve fall semester. The Appropriations Driskell to explain why BLSA the sporadic practice. The 1L face- things before their terms of office Committee of the SBA then considers received such a large grant. Driskell books that are produced are often expired. He announced that elections the requests and passes on their rec- replied that she did not have the cited as a functional equivalent. Watt for the 2004-2005 SBA would be tak- ommendations to the full group. The information "absolutely in front of beseeched the 1ls and 2Ls present to ing place on March 2 and 3. He said full membership can then amend or me" but assured Sutherland that begin making arrangements now if that, while it was not a requirement, it pass the recommendations. The BLSA deserved the money. Another they wished to have one published might be a good idea for those run- November meeting was to vote on the question was raised as to why some for their class. ning to step down from the SBA's requests from the ten-odd groups that student groups' grants fell significant- Another issue that arose was the Elections committee if they were had only submitted budgets for fall ly short of their requests. Driskell serious overcrowding in the cafeteria. members. 2003. asserted that the groups "are happy Olga Suarez, 1L Delegate, noted that The appropriations process with what they get." The budget was on Mondays and Wednesdays, three leaves a lot of discretion to the mem- then passed by the assembly, finaliz- of the 1L sections got out of class at bers of the committee to set initial ing the 2003-2004 student group 12:35 p.m. and had another starting at baselines of funding, which often are budgets. The next round of budget 1:20 p.m., leading to a logjam of stu- rubber-stamped by the full SBA. One allocations, for 2004-2005, will take dents rushing to eat. The surplus of current member of the committee pri- place in March or April. students led her to propose a resolu- vately admitted to having given a An assortment of issues were dis- tion that would have asked students larger amount of funds than was war- cussed at the two recent meetings. who were not eating to refrain from ranted to a group to which they per- Most notably, the ongoing plans for sitting in the cafeteria from 11:30 - sonally belonged. the Barristers' Ball were detailed. The 1:30 p.m. A similar policy exists at the In years past, the chance to vote event, a formal ball which has taken third floor computers, where signs on the budget resulted in significant place at the Grant Hyatt the past two ask students to take no longer than debate, with delegates offering years, is known as the "law school ten minutes. However, the delegates amendments to increase or decrease prom." Adrienne Watt, 3L Delegate, questioned the workability of the res- group allotments. At last November's and Meredith Simmons, 1L Delegate, olution. Evan Nordby, 3L Delegate, meeting, however, SBA Treasurer announced that ticket prices would be asked who would police it. Suarez TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 NEWSNEWS GEORGETOWN LAW WEEKLY PAGE 5 Supreme Court - Lane v. Tennessee CrimeBeat between telling someone that they conservative Justices) under Title II. SUPREME COURT from page 1 cannot vote because they are disabled Ultimately, the decision may turn on The following crimes occurred in and When Mr. Lane refused to crawl and telling someone that there is no the question of whether Congress can around Georgetown Law Center within up the stairs, he was arrested and sub- access because of an architectural bar- effectively abrogate state immunity the last week. If anyone has any informa- sequent proceedings were conducted rier. with a statute that prohibits discrimi- tion that could help in the investigations by him waiting downstairs and his Justice Sandra Day O'Connor basi- nation for both fundamental and non- of these crimes, please contact the Office of lawyer shuttling back and forth from cally asked only one question, and that fundamental rights. Public Safety at (202) 662-9325 or MPD. the courtroom to inform him of the sta- was whether Tennessee law provided This raises the question: If the tus of the proceeding. Although pro- for a damage remedy against the state, Court rules as predicted, should the Office of Public Safety ceedings were delayed by court order to which the attorney answered in the disabled community be worried that Jan. 12, 2004 - GULC Student and an elevator installed, Mr. Lane negative. Justice John Paul Stevens their rights under the ADA are being Thwarts Bike Theft filed suit in federal court under Title II made it known that statistics indicate seriously eroded? An individual was observed sus- of the ADA for damages against the that over one million disabled children First, although Scalia was the only piciously inspecting the bike rack on judge and state of Tennessee. in the U.S. have been denied access to Justice to suggest otherwise, the pre- the G Street Quad. He removed a pair The District Court denied a public education. sumption was before this case began, of bolt cutters from a bag, which Tennessee's motion to dismiss based Justice Clarence Thomas sat in his and will be after the decision comes alterted a student standing on the on Eleventh Amendment Immunity, usual silence; and Justice Anthony down, that Ex Parte Young type suits Library steps. That student contacted and the Sixth Circuit affirmed in hold- Kennedy appeared to be wrestling for injunctive relief will be available the Library Access Controller. Public ing that this case dealt with the denial with the issue when he asked whether against state officers for violations of Safety Officers responded to the area of the fundamental right of court the right to freedom of movement federal constitutional rights. That is, and prevented the individual from access, and therefore, pursuant to the could be considered fundamental for for example, if a state courthouse is stealing another student’s bike. Due Process Clause, Congress effec- disabled individuals. In all, it was an inaccessible, denying a criminal defen- Metropolitan Police (MPD) were con- tively abrogated the sovereign immu- interesting, and at times, entertaining dant the right to participate in his own tacted. MPD confiscated the bag of nity of states under Title II. The exchange between the Justices and defense, the person can sue for injunc- tools, including a bolt cutter and Supreme Court granted Tennessee's attorneys. tive relief to request accessibility. The escorted the man from the campus. Cert petition. If Title II goes the way of Title I, (as state of Tennessee actually stipulated During oral arguments, the major- most suggest that it will) it will most in its brief (and during oral argu- Metropolitan Police ity of questions were posed by Justices likely be attributed to the overall ments) that this type of relief is Jan. 7, 2003 - Burglary Near Campus Stephen G. Breyer and Antonin Scalia; breadth of the statute, which was allowed. Secondly, regardless of the Unknown number of suspects each sitting at opposite ends of the Justice Scalia's strongest argument. ADA, most states have waived their entered the home of complainant bench, and likewise, each "sitting" at That is, the difficulty that five Justices own immunity by enacting disability through the front door. Suspect(s) opposite ends of the ideological spec- might have with allowing damage discrimination statues of their own. pryed open the front door and stole trum. suits against states is that although Although Tennessee is not one of these various property. The burglary took At the outset, Justice Breyer quick- Title II covers certain fundamental states, one would hope that the experi- place at the 400 block of 8th Street ly pointed out to the attorney repre- rights such as the right of courthouse ence and publicity from this case will NW. senting the state of Tennessee that the and voting access and any other right wake up the legislators in Nashville to Jan. 11, 2003 - Property Stolen from Court's prior decision in Garrett was provided by a state that is protected by pass an adequate bill. Vehicle clearly distinguishable for two specific the Due Process Clause, it also covers The ADA will still be alive and An unknown individual broke reasons; first, this case, unlike Garrett, access to certain programs and servic- well and my rights will be no more into a car in the 100 block of K Street deals with the basic fundamental right es that do not effect such rights that are eroded than they were about six NE. The driver side window was bro- of access to the courts, thus triggering clearly fundamental. months ago, which was the approxi- ken into by force and various items of a strict scrutiny analysis; and second, For example, Scalia proposed a mate time that Cert was granted in this personal property were stolen. compared to Title I, the congressional hypothetical dealing with a state's case. After all, the purpose of the ADA Jan. 11, 2003 - Robbery: Carjacking committee reports indicated a substan- operation of a hockey arena, and isn't really about damages. The priori- At 7 p.m., three suspects tial amount of evidence of past dis- whether denying access to disabled ty should be about ensuring access to approached a car at 500 block of 7th crimination in programs and services individuals to such a facility would all areas of society. Finally, this may all Street NE and attempted to take the provided by states, specifically access violate a constitutional right. Justice be a moot point because Justice car from the owner driver. One sus- to state courthouses and places of vot- Scalia pushed the envelope even fur- Kennedy, who will probably end up pect opened the car door and ing. ther by suggesting that inaccessible being the deciding vote, may surprise demanded that the driver “Get out.” Justice Scalia, who initiated most schools would only require a rational everybody and come down on the side Driver complied, but suspects could of his questions toward the Solicitor basis (such as cost) and therefore of Mr. Lane, ultimately upholding not start the car and fled the scene. General, put forth the argument that would not violate a constitutional Congress's abrogation of state sover- Jan. 11, 2003 - Car Broken Into simply because a voting place does not right because the Court has never held eign immunity under Title II of the A suspect broke into a car in the have access, it is not the equivalent of education to be a fundamental right. Americans With Disabilities Act. A 200 block of G Street NE in an denying a person his right to vote. As One can clearly see the problem facing decision is expected this summer. unknown manner and stole various Scalia put it, "there's a difference the Court (specifically the five more items of personal property. Jan. 12, 2003 - Attempted Car Theft Car owner observed suspects breaking into her car from her win- Job search ruffles some 1L feathers dow at 6 p.m. Owner’s son ran out- is unable to find a paying law-related begun the process. Robin McWilliams side and screamed at them. The three 1L JOB SEARCH from page 1 job, he may work for the Naval in the OCS office wanted to stress that suspects fled the scene. Car’s front diversify their job applications. Reserves for the whole summer students should definitely meet with passenger door was damaged and the Deanna Smith, 1L, has applied for instead of just the required two weeks an advisor in OCS or OPICS as soon ignition was punched. Car was international positions, jobs at firms he would be doing anyway. as possible if they have not already parked at 1000 block of 5th Street NE. in areas she would like to work The lucky few students, like done so. McWilliams also wanted to Jan. 12, 2003 - Theft from Auto including D.C., Chicago, Boston and Shawn Bates, 1L, who have secured note that, "Most 1Ls do not secure Unknown suspect entered car Kansas City, where she is from, and themselves summer employment still summer placement until March/ through an unlocked door and stole also has applied to a few public inter- are not free of all job related worries. April in the spring semester, so now various personal items. The car was est organizations. She "must earn at Bates is headed to Cairo to work for is the ideal time to start actively pur- parked at 600 block of H Street NE. least some money this summer," the Cairo Regional Center for suing a summer job." Jan. 12, 2003 - Wallet Snatching which can be difficult when looking International Community Arbitration. McWilliams also observed that Suspect approached victim while at public interest organizations. He applied for one of the early inter- the job market has not shifted signifi- standing at her door in the 600 block Another issue is whether students national internships and was notified cantly in recent years and 1Ls prima- of G street SW and asked her for can find something in an area where over Winter Break that he had been rily wind up working in not-for-prof- some change. Victim complied and they ultimately hope to work. "Part of selected. He says he is very excited its, small firms, as research assistants pulled out her wallet. While the wal- the reason for my procrastination so about it, but worried about funding. or for a government organization. let was in her hand, the suspect far is that I am really hoping to find "This is an amazing opportunity, While some large firms may hire first snatched it and fled the scene. Theft something this summer I'd ultimately but the lack of funding did cause me years, the majority of them wait until occurred at 5 p.m. like to do, but I don't know how feasi- to think hard about accepting. There the second summer. In 2003 almost 40 Jan. 13, 2003 - Armed Robbery in SE ble that is," said Mary Campbell, 1L. is the possibility of EJF funding and I percent of the first-year class worked Victim heard footsteps behind Campbell also noted, " I feel like this get to spend the summer in Cairo and in government or with a public inter- him in the 1200 block of C Street SE summer is my last shot at doing a was settled very early, which ulti- est entity, while 7 percent of the class and turned around to face an armed non-law-related job, and I figured I'd mately helped me to make up my worked in large firm. Additionally, 10 assailant. Suspect stated, “I want like one last chance to take a break mind." percent worked with a small or medi- your wallet. This is real.” and bran- from the law before I have to dive in Students really are at all stages of um law firm, and 21 percent worked dished the gun. Victim gave suspect full-force." the process, from those like Bates that with either GULC faculty members or his bag, but had no other money to Jonas McDavit, 1L, said that if he are settled to those that have barely clinics. give. PAGE 6 GEORGETOWN LAW WEEKLY SPORTSSPORTS TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 Bowl Championship Series finds friend among many foes

by Zhubin Parang, 1L era, where the two major polls (the AP poll, voted on town teams as much as the coaches do. And this is all Law Weekly by sportswriters, and the ESPN/USA Today Coaches assuming that the coaches and writers actually watch Poll, voted on by football coaches) decided who the all the fifty-plus games every weekend, which they I don't really agree with the Bowl Championship national championship competitors were. Both cur- don't. They watch the same highlights we do on Series (the 'BCS'). I would prefer, as I'm sure 99% of rently play a large part in the BCS formula, but to hear ESPN; do you think you're qualified to rank a Top 25 Americans would, a playoff system. It's more fair, it's these commentators talk about it, you'd think that after watching an episode of SportsCenter? The BCS been proven in the other college football divisions and giant sentient computer robots decided entirely on computers are both objective and comprehensive, it's just a lot more intuitive. When one thinks, "how their own who should play for the national champi- which neither the coaches nor sportswriters can claim. can we determine which of these three or four teams is onship, and any humans who tried to voice their opin- Second, the BCS system did a great job deciding the best?" the natural answer is "let's have them play ion were told to shut up and get more oil. which of the three teams were the two best. Even each other and find out," not "let's rank them accord- though the polls placed USC at the top of the list, the ing to an incredibly complex mathematical formula BCS incorporated strength of schedule in its analysis, involving humans and computers, weighing a variety If you pay any attention to basically saying that sure, all three teams have only of factors such as strength of schedule and quality sports then you're most likely lost once, but Oklahoma and LSU played tougher wins." opponents all season long. Not only is that reasonable, The problem, of course, is that the other 1% of aware that the BCS has but it's exactly what the BCS was designed to do: sort Americans are the owners of the bowl games that detractors, because every through the teams given top marks by the two polls profit from the BCS system. Any playoff system and figure out which two should play for the national would have to be approved by them, but since a play- time the college football title. off would necessarily weaken the impact of most bowl postseason begins ESPN Despite this, the AP sportswriters decided to take games and cost them millions in profits, they are their ball and go home, giving USC their number one somewhat hesitant to join the bandwagon. shifts into full-time BCS ranking anyway. The coaches poll is contractually So, since a playoff is not likely to occur as long as obligated to award their number one ranking to the people like money, we've had to use alternative meth- Bitching Mode. winner of the national title game, but had that not ods to figure out who should play for the national been the case they might have ranked USC number championship, and currently our method of choice is The complaining was even worse this year, after one, too. What it boils down to is that the people who the BCS. If you pay any attention to sports then you're LSU, Oklahoma and USC each lost one game. The two had been claiming for the past ten years that the sport most likely aware that the BCS has detractors, because polls ranked them as 1) USC, 2) LSU, 3) Oklahoma, but needs a less arbitrary means of determining the cham- every time the college football postseason begins the BCS, considering strength of schedule and various pionship than a polling system started crying when ESPN shifts into full-time BCS Bitching Mode. From statistical rankings, ranked them as 1) Oklahoma, 2) the new system gave the game ball to a team they did- November through January, every analyst, commen- LSU, 3)USC. Right away, ESPN was claiming that the n't like. tator, anchor and correspondent whines about how BCS had destroyed human common sense in favor of These same people now claim that there is a split the BCS is terrible and unfair and mean and cruel and indifferent, rigid computers, and that it was a matter championship between LSU and USC, and that the lets computers control the sport and cheats players of time before SkyNet was up and running. BCS has failed to accomplish its mission. That's just and screws coaches and how they didn't have it this The fact is, the human polls are the most corrupt plain stupid, since they're the ones who voted for the bad in the Soviet Union. part of the BCS. If you think that coaches, when they split championship in the first place, rather than I'm getting annoyed with the incessant complain- fill out their weekly rankings, don't boost up their accept the decision the BCS made. I, however, will ing, and not just because I think the BCS is the best opponents, then…well, you have an unreasonably stand by the BCS and its comprehensive assessment of non-playoff system we can get. It's because sports high opinion of football coaches. The AP writers aren't team performance. LSU is the 2003 NCAA Football commentators always want to go back to the pre-BCS any better, either: they want to boost up their home- National Champion. This week at the MCI Center 1/19 1:00 pm Wizards v. Chicago Bulls 1/20 7:30 pm Hoyas v. St. John's Red Storm 1/21 7:00 pm Capitals v. Toronto Maple Leafs 1/24 2:00 pm Hoyas v. Duke Blue Devils 1/24 7:00 pm Wizards v. Indiana Pacers 1/25 7:00 pm Capitals v. Philadelphia Flyers Seldom noticed NBA players give their teams a boost by Tye Andersen, 2L His assist-to-turnover ratio is 4th best in the league at Maggette had come out too early, a la William Avery. Law Weekly 3.72:1 (he was second in the league last year). With However, Maggette has slowly developed into a force consistent and improved play from the point guard, for the Los Angeles Clippers. This summer he signed This column could be devoted to football. The Memphis is having a breakout season, albeit by an offer sheet with the Utah Jazz, only to see it Super Bowl combatants are set and it actually shapes Memphis' standards. The Grizzlies possess a winning matched by the notoriously cheap Clippers. Good up to be a pretty good game. But two weeks prior to record in the talented Western Conference and are thing too, because his scoring has improved in each of kickoff, do we really want to add fuel to a pre-game just one game out of the playoffs if they started today; his five seasons, culminating this year in a team lead- build-up that is virtually inescapable? No, not really. Williams and his infectious style of play is a big rea- ing 20.4 ppg (15th in the league). Furthermore, his This is the Law Weekly, not SportsCenter. If you son why. FG%, always an important stat when analyzing play- want all the Super Bowl hype, turn on the television. I 2) Erick Dampier - The phrase "NBA body" is ers on bad teams, is a rock solid 46.1% (33rd in the think that it does a disservice to our readers to write a tossed around a lot when talking about prospects. league). But it's at the free throw line that Maggette column that simply regurgitates what can already be And few epitomize the ideal NBA body more than really excels. Only Kobe, Shaq, Duncan and Pierce get read on espn.com or seen on TV. Instead, we at the Law Dampier. He's 6-11, a solid 275 lbs. and long-armed. If to the line more often then Maggette, and once there Weekly should strive to write original pieces. With that Shaq is the ultimate NBA body, Dampier isn't far he shoots a phenomenal 86.4% (11th in the NBA). The guiding philosophy, let's forget football for a moment behind. But Dampier had never fully capitalized on idea with the Clippers a few seasons ago was to stock- and talk some basketball. his physical gifts until this season. Dampier has pro- pile young talent and let the cream rise to the top. The first half of the NBA season always flies vided the Golden State Warriors with the front-court Well, Maggette and Elton Brand have done so, and under the radar to an extent. This is only natural; it is, muscle necessary to even be competitive in the with one more superstar, the Clippers could be a legit- after all, a long season and football is in high gear. So Western Conference. Dampier is averaging career- imate contender. Kobe…? perhaps you hadn't noticed these four players and the highs in points (11ppg), rebounds (10.9 rpg), FG% 4) Voshon Lenard - All the headlines coming out surprisingly positive impacts that they are having on (51.1%), minutes (31.4 mpg.). He's fifth in the league in of Denver this season have been Carmelo Anthony, their respective teams. rebounds, seventh in FG% and 25th in blocks (1.6 Carmelo Anthony, etc. But Voshon Lenard's stats are 1) Jason Williams - With one of his namesakes bpg), and one of only six players to average a double- arguably better than Anthony's. And Anthony's aren't about to go on trial for shooting his chauffer and double. Dampier's job hasn't been any easier without bad, a testament to what Lenard has brought to the another involved in a horrific motorcycle accident, it injured teammate Troy Murphy, also a tireless Nuggets this season. Lenard returned to the Nuggets is easy to forget about the Memphis Grizzlies' Jason rebounder, but Dampier has persevered. this season after a year in Toronto and he's on pace to Williams. After a playoff sweep three years ago, he Unfortunately, the Warriors are mired in a slump, los- set career highs in nearly every category. He's averag- was unceremoniously traded from one of the league's ers of 10 of their last 12. But prior to the skid, Dampier, ing 16.1 ppg, shooting 43% from the field and 40.6% highest-profile teams in Sacramento to perhaps its coupled improved play from Jason Richardson and from three-point range. As a team, the Nuggets have lowest-profile team in Memphis. So admit it, you real- Mike Dunleavy, had kept the young Warriors sur- exceeded expectations this season, certainly mine. ly haven't seen Williams play since his trade. Instead, prisingly competitive after a disastrous off season. Lenard deserves a lot of credit for that, as do other you like most people probably remember the "White Currently, the Warriors franchise owns the longest newcomers Earl Boykins, Andre Miller and coach Jeff Chocolate" wiz with an amazing pass one minute and playoff draught in NBA; their last playoff game being Bzdelik. Whether they can keep it up remains to be two turnovers the next. But in Memphis, Williams is a 140-133 loss to Phoenix on May 4, 1994. But with seen, but Lenard, for one, appears to have revived his slowly turning around both his fortunes and the Dampier manning the middle, the Warriors may be career in the Mile High City. Grizzlies'. Never shy about shooting, Williams has able to end that streak in the next year or two. Honorable Mention: Michael Redd (MIL), Brad developed some much needed discipline in his shot 3) Corey Maggette - Its hard to describe Maggette Miller (SAC), Chris Wilcox (LAC), Jamal Magliore selection and as a result his FG% is a career-high 42%. as an unknown. But few people realize just how good (NO), Ron Artest (IND), Ronald Murray (SEA), Most noticeably, however, his turnovers are down Maggette is becoming. After leaving Duke early with- Tayshaun Prince (DET). almost two per game from his heyday in Sacramento. out Coach Krzyzewski's blessing, the thought was Georgetown Law Weekly Special Edition

The Student Newspaper of Georgetown University Law Center in Washington, D.C. “Uninhibited, robust, and wide-open”

TUESDAY, JAN. 20 TO FRIDAY, JAN. 23, 2004 PAGE E-1 Do classes EXAMS Cheating: prepare us Is it a for exams? problem? by Jenny Cieplak, 2L by Catherine Tenney, 1L Law Weekly Law Weekly

It's 9 a.m. and you're listening "Honesty is the best policy." So to that alarm go off. But suddenly wrote Miguel de Cervantes in the the question appears in your mind: classic novel Don Quixote nearly is going to class really worthwhile? four centuries ago. For law students You're not on call today, the profes- today, honesty should not just be the sor doesn't take attendance. The best policy, it should be the only pol- only thing that affects your grade is icy, according to Professor Michael the exam, which seems so far away Frisch, Georgetown University Law for now. Do exams really have any- Center's Ethics Counsel. thing to do with the classes we "Professional integrity is the take? hallmark of being a lawyer. It's your Students at the Law Center reputation and future," Frisch said. have strong opinions on this issue. "Learning that in law school is a fun- "I definitely think that what I damental part of the education learned in class prepared me for here." exams," said Suzanne Cartwright, So are GULC students learning 2L. "But what I learned in class was the lesson? It seems so. In an analy- like a cute little bunny rabbit, and sis of the reports on disciplinary what we did on the exam was like a actions taken by the Professional horrible attack rabbit, with fangs Responsibility Committee, the Law dripping blood, and glowing green Photo by Kevin Mittler, 1L Weekly has found that only 4-5 dis- eyes." Computers and bluebooks and ExamSoft: Reminders of the past and the future. ciplinary cases are prosecuted each Exams differ widely from pro- year, and only a few of these are for fessor to professor. For example, academic infractions. (Other viola- many students have heard of Testing for Typing vs. tions of the disciplinary code that Professor Weidenbruch's multiple have been prosecuted in recent years choice tax exam, which is said to be include misrepresentations on tran- easier than those of other tax classes real world writing: scripts or resumes and threatening using essay style questions. But not or violent behavior.) all multiple choice exams are easy - This means that of the thou- Professor Abernathy's are notori- practice? student sands of exams taken by hundreds ously difficult. of student each year, only in a hand- Many students mentioned that by Nicholas C. Erickson, 1L ful of cases does anything dishonest the best way to prepare for an exam Law Weekly preference occur. While students interviewed was to study their professor's old for this article recognized that cheat- exams, available online and in the A goal of law school is to mold by Jennifer Geiser, 2L ing probably happens more often Law Weekly library. In fact, studying old exams new lawyers by teaching the skills than it is uncovered, few could think is often the surest way to an A, necessary to succeed in the practice of loopholes in the exam-taking Since 1998, the Law Center has because many professors recycle of law. Necessarily, law schools process that allow it. offered students the ability to take questions from year to year. like Georgetown must test to ascer- Unauthorized collaboration on exams on their laptop computers Students from two different classes tain whether those skills have been take-home exams could be an easy using ExamSoft's software product mentioned that they had encoun- learned and can be applied. This way to cheat. Many students, how- SofTest. SofTest serves as a word tered this situation. One student then begs the question whether the ever, think such collaboration is processor similar to Microsoft Word said that he felt a "pang of guilt" tests at Georgetown compare to unlikely to occur. One first-year stu- or Corel WordPerfect including cut, about simply copying the profes- real world practice of law. dent said that during the Legal copy and paste features, font size sor's model answer ("So I para- Student opinion on this issue is Research and Writing take-home she and style adjustment, as well as the phrased," he said). However, the split. Rachel Eisenhaure, 2L, "was so afraid to even mention that I ability to undo up to 50 previous other student gleefully told me that worked for a litigator during the was working on it I can't imagine actions per question window. The she had simply changed the names summer among other assorted people actually working together." number of students who take advan- of the characters to match the cur- positions including that of Apparently other students have tage of this option has been increas- rent exam, and that she did end up Research Assistant. "In general," been able to imagine such collabora- ing steadily over the last five years, getting an A. she states, "exams probably did not tions, as the 1998-99 disciplinary with a record high of 68.9% (1,772 Others told me the best way to prepare me for the work environ- report documents. Charges were typewritten exams out of a total 2,570 prepare was through reading ment as much as the classes them- made against four students for exams taken) in Fall 2003, according Emannuel's and other study guides selves did." However, certain working together on a take-home to the Office of the Registrar. Typing (although professors will almost aspects of a class and the resulting

See EXAM PREP, page E-2 See REAL WORLD, page E-3 See TYPING, page E-2 See CHEATING, page E-3

ExamSoft: Professors Student Reminder: Earplugs or Earphones and Students Discuss Check for Exam Conflicts Page E-4 Page E-4 Page E-2 PAGE E-2 GEORGETOWN LAW WEEKLY SPECIALSPECIAL EDITIONEDITION TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 Are you typing or writing? clear advantage to typing as long as TYPING from page E-1 you know what you are talking about, stating, "it is easier for professors to is more prevalent among 1Ls than stay with the flow of your arguments, among other classes, and JD students and they are less likely to overlook are more likely to type than LLM stu- your brilliance." However, Professor dents. But what influences the decision Spann believes incentives are compli- whether to type or write? cated if you have no idea what you are Some students don't own laptops talking about. He advises: "if profes- or have been scared away from typing sors have to stop frequently to deci- by ExamSoft malfunction horror sto- pher marginally legible handwriting, ries, but more and more students see or have to guess about what you are advantages to typing. "I type my trying to say, I suspect that the phe- exams because after three hours of nomenon of regression to the mean is furious scribbling I can barely read my likely to set in." own handwriting," says Angela "If professors are lenient in grad- Butcher, 2L. ing, I doubt their leniency depends on While speed, uniformity and neat- whether exams are handwritten or ness of script, the electronic 'backup' typed, but more on whether a profes- copy, and student comfort are all given sor is just a comparatively lenient as common reasons for typing, Butcher grader," says Professor Feldman. She points out that some of the 'advan- adds, "if I cannot comprehend what tages' to typing can actually be draw- somebody is attempting to communi- backs. "What I consider to be the one cate - whether because the prose is gar- major drawback to ExamSoft is that bled, the idea is bad, or the writing GULC disables the spellcheck. They illegible - I cannot give credit for what- say this is so that typists don't get an ever content might lie within the pas- advantage over hand-writers, but let's sage." face it, I would never handwrite 'teh', Professor Paul Rothstein notices but I manage to type it all the time!" no difference in actual results, but When it comes to typing vs. writ- warns students who type about feeling from neutral in the advice they impart exams because, "they are much easier ing, most Law Center professors do deceptively satisfied by the pretty on the subject. Typing is overwhelm- to read." He sees a trend away from not see a significant difference in appearance of a typed page. ingly preferred by the professors inter- handwritten tests, pointing out that grades earned by students. While professors may not see a dif- viewed. only 31 of 109 exams were handwritten Professor Spann suspects there is a ference in grades earned, they are far Professor Chused prefers typed in his first year course this past Fall. Classes vs. exams said, "It seems like fundamental fair- REMINDER: Now TEST PREP from page E-1 ness that you should teach what you test." certainly tell you otherwise). One stu- However, while Professor that your classes are dent recalled that just minutes before Richard Diamond explained that he an open book exam she realized she "would rarely ask a question about had forgotten her Emannuel's, and material that I had only glanced over decided, check for "had to run to the bookstore minutes in class," he also mentioned that before the exam start time in order to "there are loads of things that it is buy a second copy of Emmanuel's to valuable to talk about in class that will exam conflicts. refer to like an Oracle during my never be reflected in an exam." exam." A warning comes from Professor Seidman added that he Kevin Mittler, 1L within four consecutive days, or Professor Feldman: some of the study considered it important to let class Law Weekly four examinations scheduled aids are not up to date with the most discussions flow naturally. "It's not within five consecutive days. current law, and few to none of them possible (or desirable) to be rigid in Now that students have Students may request exam are as detailed as class discussions controlling class discussion. To some finally settled into their classes, relief for extraordinary cause will be. extent, the discussion is focused on it is a good time for them to look including illness of student or Several students shared stories of what the students want to talk about. at their exam schedules for the death or serious illness in imme- how exams brought great stress to It is also true that exams are better at spring. Potential conflicts need diate family. Students may also their lives: "I spent 45 minutes in the testing some skills and worse at test- to be recognized and handled as request relief if any of the fol- bathroom throwing up during my ing others and that, in my judgment at soon as possible. Here are the lowing occur immediately pro- first exam because I was so nervous," least, they don't always adequately high points of the Exam Deferral ceeding or at the time of an said one student. However, another test the skills that I most value." Policy: exam: a strong traumatic experi- student mentioned that she fell asleep Students at GULC might want to Requests to defer exams will ence (automobile accident, mug- during one of her first year exams. consider themselves lucky that their be denied if for travel, vacation, ging, etc.); a court appearance by "Yet she still did better than me!" class discussions are so free ranging. personal or social plans or subpoena, childbirth (either par- exclaimed one of her friends. A professor at University of Baltimore employment reasons (for full ent); religious holiday; written This Law Weekly reporter's inter- explained that professors there time J.D. students). Master of military orders; or extraordinary view skills were tested as she mixed worked on teaching "the analytical Laws and part time J.D. students family circumstances (wedding). up words and asked one student, "Do process that students will have to use may, for unavoidable and Requests must be in writing you think exams prepare you for on their exams, using the Socratic extraordinary circumstances, and documented. Multiple class?" "Actually, yes," said the inter- method. It's a given that you know the request to have an examination requests over a student’s time at view subject, "I think everything I law, so we teach how to employ it to rescheduled for reasons of the Law Center (except for exam learned for class I learned because I analyze specific situations; so yes, we employment. conflicts) will be granted in only was cramming for the exam. I mean, I definitely do try to teach to the exam." Examinations will be the most extraordinary circum- didn't go to class much…" In fact, This professor said that he mostly rescheduled for exam conflicts stances. while class attendance did not seem to used short hypotheticals in class to where: No exam will be given earli- correlate with high exam grades, class attempt to illustrate specific points of (1) any student who has two er than its original date and the attendance often correlates with other law, rather than including many poli- examinations which BEGIN new date of an exam changed causes of high grades, such as reading cy discussions. within 24 hours of each other. due to a conflict will be deter- and briefing cases. Professor Diamond explained Examinations which BEGIN 25 mined by the Office of the Professors reported different that "I would never want to teach hours apart or more (for exam- Registrar. methods of teaching to their exams: where the subject matter was 'directed ple, at 9 a.m. on one day and 10 For complete policy guide- while some stated that they felt it was toward the examination.' That is the a.m. on the following calendar lines, see the Office of the more important to cover and empha- problem I have with 'no student left day), DO NOT constitute a con- Registrar, or they can be found size exam topics in class, others felt behind'. You would start forgetting flict under this rule. online in the General that taking class discussions wherever that the primary goal is education, not (2) any student who has Administrative Policies section they led was more vital. For example, the evaluation of scoring of how well three examinations scheduled of the Law Center Bulletin. one anonymous adjunct professor students do in learning." TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 SPECIALSPECIAL EDITIONEDITION GEORGETOWN LAW WEEKLY PAGE E-3 Test room vs. courtroom did not test their strongest skills. REAL WORLD from page E-1 To some extent the realism of the exam can never be achieved. test did prepare her for her work Teachers test on hypotheticals that with the attorney. "Abernathy's are not likely to occur. Perdue didactic method - exams included - opines that "a partner is not likely proved extremely valuable during going to rely on a first year associ- litigation and I was surprised when ate" for a definitive answer to a legal the lawyer I worked for asked what question. Neither will you likely be was the difference between venue given such a short period of time in and jurisdiction." Thanks to her such a stressful environment to training, Eisenhaure knew the answer a complicated legal problem. answer. By their very nature the exams are Amelia Kaufman, 2L, who limited in their ability to train worked for the federal District Court lawyers. of Rhode Island, was more emphat- There is some virtue to the test- ic. "Exams definitely helped prepare ing format. For example, students me [for the practice of law]." She will face some high stress situations went on to explain how the skills in the practice of law. Dean Perdue that were tested on the exam were thinks some faculty mold their required during the summer. "You exams to better prepare students for Photo by Kevin Mittler, 1L have to be ready with information this reality of the practice. Other Earplugs or Earphones: Which do you prefer? See competing discussion on E-4. on the spot, when someone asks you professors give closed book exams to a question you have to be prepared." imitate the realities of the practice, Of all the exams, Kaufman felt that such as Criminal Procedure where the Criminal Justice exam prepared one would not have time to look up her the most. the answer in the middle of court. Of Jeremy Sanders, 2L, worked for Cheating scares GULC course, in the Evidence exam "you Skadden, Arps, Slate, Meagher & can't stand up and object." Flom in their experimental First- CHEATING from page E-1 a more frequent problem. The most Other schools test as preparation Year Internship Program last sum- common exam-related infraction for the Bar Exam. According to Dean exam. The students did not admit or mer. He felt that class prepared him referred to the Professional Perdue, certain schools "expect stu- deny wrong-doing, but accepted the far more for the real world than Responsibility Committee over the dents to write answers under the punishment of a D in the course and exams, but did admit "exams are past ten years has been the late sub- same time constraints as the state's a notation of the incident that would helpful to train critical thinking, pick mission of take-home exams. In 2001- bar." Furthermore, teachers are remain on their transcript for at least out relevant facts, and coherently 2002, twelve people received grade required to "reproduce" the bar for- two years. present them." However, "timed reductions for exams turned in as lit- mat on their exams and students are Another avenue for dishonesty exams are certainly not indicative of tle as six minutes late. often barred from typing their in the test-taking process that the real world," Sanders continued, Although such strict regulations exams if the state bar exam is only occurred to students interviewed for where one is not given such a diffi- accompanying exams give the written. Georgetown does not "test this article involved partially open- cult deadline. He concluded, "I don't impression that cheating on tests is to the bar" because GULC students' book exams. One student said that he think there is any way to better craft the biggest concern about academic academic capabilities are strong thought this happened pretty often. them" to be more realistic. honesty at GULC, plagiarism on enough to have a high bar passage "No one ever checks what you've Dean Wendy Perdue acknowl- papers and journal articles accounts rate. brought in," he says, "especially if it's edges that law school exams at for the majority of academic infrac- If students are concerned about just a page limit on notes." Georgetown are not focused on tions brought to the Professional receiving real world training, Dean But in the 2001-2002 academic mimicking specific legal practice. Responsibility Committee. Perdue suggests they take a clinic, year one student's materials were The purpose of the exam is to test "a Professor Frisch emphasized which offers the closest example of looked at. In that case, the student range of skills but not the full range." how important it is that students real practice at Georgetown. used a prohibited commercial outline Teachers, Perdue continues, "do not understand what plagiarism consists However, she warns that "clinics are and was prosecuted by the grade based on how good people of in the legal setting, and Professor still not realistic." Professional Responsibility will be as lawyers," and many good Weidenbruch, former chair of the Committee. However, because the lawyers do poorly on an exam that Committee, has warned that students course syllabus and the exam cover ought to be more careful in the sheet provided conflicting instruc- preparation of their written work. In tions on the use of such materials, the his memo accompanying the 1997- matter was handled as an adminis- 1998 report, Weidenbruch wrote that trative, rather then disciplinary "some of these violations may have infraction and the student was been the result of mere haste or care- ordered to perform community serv- lessness rather than intentional ice. wrongdoing." The Professional Responsibility Thus the general sentiment on Committee handles both administra- campus holds cheating on exams is a tive and disciplinary violations. The rare occurrence, and for the most part former involve prohibited conduct we are an honest, if sometimes tardy, that "does not evidence a serious lack bunch. Said one student, who was of honesty" and this type of violation shocked to hear there had even been is met with less harsh penalties than any violations in recent years, "It just disciplinary violations. doesn't seem worth it to me. I mean, Further opportunities for dishon- what can you possibly gain com- esty might arise if ExamSoft is pared to everything there is to lose?" replaced by a less secure method for computer testing. Professor Frisch Note: The Professional mentioned the concern that students Responsibility Committee is made up of might be tempted to use "canned" faculty members and students and is cur- answers if they are able to save pre- rently chaired by Professor Goldblatt. pared essays on their hard-drives The Committee is required to publish a and paste them into exam answers. statement annually reporting on any Discussions among students regard- actions taken during the year. The report ing the future of Exam Soft confirm is available for viewing in the Registrar's this - one student was overheard say- Office. Students can find the full policy ing that he could definitely foresee on plagiarism on the GULC website or in many ways to cheat if he could access the Georgetown University Law Center his hard-drive during an exam. Bulletin, available in the Registrar's While the majority of students at Office. GULC would not contemplate actu-

Photo by Nicholas C. Erickson, 1L ally cheating on an exam, tardiness is From classroom to courtroom, do the similarities outweigh the differences? PAGE E-4 GEORGETOWN LAW WEEKLY SPECIALSPECIAL EDITIONEDITION TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 Special Report: ExamSoft Silence is the Golden Rule by Alaina Dartt, 2L Chris Orteto, a third year student at Law Weekly American Law School, which doesn't use a special program like ExamSoft to Earplugs Since the Law Center first permitted administer exams, says not having the up, put 'em in, and forget 'em. the use of laptops in exams in 1998, the system is not a problem. "Not having by Kevin Mittler Welcome to a whole new world of process has been administered by the ExamSoft works fine. I don't know of test taking. ExamSoft program. But that may soon any problems as far as honor code viola- If you've never been scuba div- change, as the Academic Standards tions." There is a saying that a craftsman ing, consider this your first introduc- Committee votes next month on In addition to actual cheating, there is only as good as his tools. The same tion. The earplugs work much like whether to eliminate the program from is some concern that students will copy can be said for a law student. When the water of the deep, not only keep- the Law Center's exam schedule reper- large segments of pre-composed materi- you take an exam, the tools available ing external sounds out, but internal toire. al and paste them into their exams. to you run the gamut of usefulness; sounds in. Like diving, the first cou- The major attribute of ExamSoft, Professor Girardeau Spann, well-known from the never-used 1000-page text ple minutes are scary. Your breath- which prevents access to all other pro- among students for not requiring his in an open book exam to the digital ing sounds labored, and the more grams while open, is that it automatical- exams to be taken with ExamSoft, said clock that allows millisecond preci- you concentrate on it, the more you ly saves work to the hard drive every that he deals with this problem through sion in timing a 50-question short think you hear medical problems. sixty seconds. This virtually eliminates the grading process. answer exam. The usefulness of Don't panic. Breathe normally. Get the risk of lost exams. However, Spann stopped using ExamSoft two scrap paper is lauded before each accustomed to the rhythm. Breathe. ExamSoft is not without its costs, most years ago in his Contracts classes exam and the importance of outlines Smooth and soothing. Breathe. Let significantly the $50,000 a year it costs because the class used a DVD rather and note flags has been pushed upon your muscles relax. Breathe. Now the Law Center in licensing fees. But in than a casebook. Because ExamSoft all of us since the very beginning of concentrate on the task at hand. addition to the expense, many students would have prevented access to the classes. Why then did no one explain Breathe. Did you hear the woman are unhappy with the program itself. reading materials during the exam it to me the benefits of the most power- with hiccups across the room? Didn't Students express concern over was impractical, and students were per- ful tool available, especially when think so. using a program with which they are mitted to use Word during the exam. the school provides it for free? In time, like a diver, you will find unfamiliar during exams. Most students Spann found eliminating ExamSoft I'm speaking, of course, of the the thrill of more advanced equip- use a general word processing program, worked fine, "It made it easier for stu- ultimate in small, green tools: the ment. Personal equipment is always such as Microsoft Word, on a daily dents, and easier for the registrar. I did- earplug. Created to protect the user more trustworthy. Eventually you basis. In the absence of ExamSoft, stu- n't see any point in continuing using it." from dangerously loud noises such will want your own non-disposable dents would be permitted to use such He added, "I think it's a good idea to get as concerts and heavy machinery, the pair; personally fit so as never to fall familiar programs during exams. As rid of ExamSoft because it causes more earplug is just as useful in low-noise out. If you're worried about missing Jonathon Cone, 3L explained, "Students problems than it’s worth." environments like those involved in the proctor saying "time" there is are more comfortable with Word." According to Scott Foster, the issue law school exams. even an earplug with a built-in alarm For many students, like Christine will be resolved this semester. What's the most common prob- called Earlarm. Welcome to the next Wilson, 1L, the unfamiliar and at times Following the Academic Standards lem with the exam taking environ- age. complicated process of using ExamSoft Committee's vote on its proposal to ment? The environment itself of In the meantime, next time you only adds to the stress of exams. "I don't allow students to take exams on com- course! The person behind you pick up those bluebooks remember think worrying about technology puters without ExamSoft, the faculty coughing, the person in front of you to pick up the other tool that will should be a concern going into exams," will make a final decision on whether to mumbling to himself, the person at truly set you apart from your class- she said. keep the program. If the faculty votes to the end of your row fixing mistakes mates: a free pair of earplugs. It According to Kyle Cohen, 3L, "the do away with ExamSoft, the change will so often you can hear the eraser might be the best investment you most stressful part of the exam is wait- likely be implemented for next fall's screaming. All these disappear with make this year. ing to see if your computer will work." exams. just two small green pellets. Roll 'em Cone agrees, "Using Word would create Not only will this result in students less havoc at the beginning of the exam. being able to take exams using Earphones At the start of the exam there's an extra Microsoft Word, but it will allow tions under which a test is adminis- half hour of instructions." Macintosh users to use their computers tered, while others are less easily Melissa Delsid, 1L, chose to hand- for exams. Because ExamSoft is not com- by Michael Palisano distracted. This would introduce a write her exams in part due to the intim- patible with Macs, Mac users are cur- factor into the testing environment idating nature of ExamSoft. "Part of the rently unable to take exams on their Hey, have you heard? in which the test was administered reason I chose to handwrite was because computers. Mark Entel, 2L, a Mac user Apparently, if you play "In the Club" in an unequal fashion that had noth- I didn't like the software. If they used currently unable to use his computer by 50 (read: "fiddy") cent backwards, ing to do with mastery of the materi- something like Word, I would take during exams, would like to have the the song contains a three minute lec- al. Fair enough. exams on my computer," she said. option of taking exams on his computer. ture, both astonishing in its brevity Most of the students that I talked While increasing stress at an "Having the option of using my com- and eloquence, on Secured to actually agreed with the policy, already stressful time is a serious prob- puter would, of course, be somewhat Transactions. Similarly, in her smash citing that people would use their lem with ExamSoft, some students do beneficial and I would consider taking hit "Milkshake," Kelis delivers a sub- ability to play music to cheat. This favor the system. Sandy Prabhu, 3L, my exams on my laptop if the option liminal lecture on the pros and cons seems improbable to me for many said "It's nice because everyone's on an were available without ExamSoft, but it of tax-sheltered annuities (Note: I reasons, not least of which is that even playing field." However, Prabhu is not a priority. I have become accus- enjoy a good milkshake now and you'd have to go through the trouble added, "I've never had a breakdown. I tomed to hand-writing exams and don't again, and if Kelis's milkshakes are of recording yourself reading notes. I might feel differently if I'd had a break- feel the need to switch to computer- good enough to "bring all the boys to believe that people here are compet- down." writing." the yard" I would love to sample her itive, but I don't think that they are By eliminating the use of spellcheck, At their next meeting, Feb. 12, the tasty wares. Especially if they are insane (for the most part). Also, ExamSoft prevents students taking Student Bar Association will vote on a anything like the Shamrock Shake, many exams administered here are exams on computers from having the resolution representing the student available only at your local open-book, and listening to a record- advantage of a spelling and grammar body's position on ExamSoft. The reso- McDonald's on St. Patty's day, which ing of yourself reading your notes check over students handwriting exams. lution will be presented to the Academic also has the astonishing ability to would afford very little advantage. A switch to Word would give students Standards Committee prior to the com- turn urine green. However, the The medium of sound does not lend the option of spell checking their work, mittee's vote on the proposal. Student Shamrock Shake is still well worth itself well to reference even if you and the use of Word would also allow representatives are currently attempting the price of admission and the possi- were to cheat. Many other students students to electronically search other to determine a general consensus ble fear that you might be suffering also cited the fact that "all the other documents, such as their notes or out- among the student body on this issue by from venereal disease.) law schools ban headphones," but I lines, rather than flip through pages. polling students. According to SBA Despite those two songs, howev- personally think that this is a good Anne Snyder, 1L, sees the benefits president Nathan Headrick, 3L, the res- er, it would seem most popular reason to allow them. Georgetown of ExamSoft. "Using Word is a huge olution "will send our most important music enjoyed by the kids today is could set a precedent by allowing advantage for people who take exams student signal to the Student/Faculty startlingly free of any substantive music, boldly proclaiming that it on computers. I don't think it's fair to Committee evaluating ExamSoft, and legal content, yet Georgetown policy trusted the ethical standards of its penalize people because they don't have will also shape the vote of the Faculty is to ban earphones during exams. I students, future advocates adhering a computer." that ultimately will determine decided to talk to Steve Cooper in to the loftiest moral goals of the legal Another major concern of allowing ExamSoft's fate in March. ExamSoft is the Registrar's office, who told me profession. However, based on Law students to take exams without extremely expensive and breaks often, that the policy was at least partly Weekly Managing Editor Jenny ExamSoft is the possibility of cheating in but it's also extremely effective. I am derived from the fact that, even if Cieplak's article last week about the closed and limited open book exams. anxious to see where student opinion headphones were used during an massive file containing accounts of The proposed remedy for this potential lies - Are we willing to pay such a steep exam, sound would be produced student chicanery, perhaps this is problem is an honor code, and increased price to prevent our peers from cheat- that would be audible to the rest of premature. As always, a few bad responsibilities on exam proctors to ing, or can law students in a competitive the room, and many students are apples spoil it for the rest of us. walk around the room and monitor stu- environment safely fall back on old- very sensitive to the precise condi- dents. fashioned trust and honor?" TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 FEATURESFEATURES GEORGETOWN LAW WEEKLY PAGE 7 Restaurant Week explored: A comparison of D.C.’s finest (part one) the diner a sense of being in a much smaller restau- soup. Amy’s endive and pear salad with Great Hill Chronicles of the Intrepid Duo rant. This arrangement, along with the rich decora- blue cheese, duck confit, walnuts and port vinai- tion, vases full of flowers, dark wood columns and grette was also quite noteworthy. by Amy Messigian and Erin Lien stone fireplaces, was down-right cozy. Next came the main course. The options ranged We hopped out of the cab and, right on cue, the the board. We were told that the rack of lamb was the Restaurant Week has been a dream for us fledg- doormen pushed back the doors for us to enter. We house specialty, and that the venison was the second ling food connoisseurs. Under the constraints of were immediately greeted by a cheerful man who most popular selection. Other choices included a modest student budgets, we have often found our- relieved of our coats, scarves and hats. The host honey ginger glazed duck, salmon in a pinot noir selves limited to "cheap eats" or, if we really felt like informed us that, because there were three tables still sauce, grilled beef tenderloin and the vegetarian throwing down some green, the chicken dish at an in the process of paying their bills, our table was not "Winter Vegetable Gathering," which included a upscale restaurant. Chicken, as you probably are yet ready, for which he was extremely apologetic. potato and cabbage strudel, honeyed sweet potatoes aware, is known for being the "moderately" priced However, rather than leave it at that, he led us to the and goat cheese flan, among other things. Amy dish on what can otherwise be an eye-popping bar and offered each of us a glass of wine for our ordered the lamb medium rare, and it came perfectly menu. Never mind the fact that everything else is inconvenience. We were all happy to wait and chat prepared. Erin ordered the Nantucket Bay scallops, supposed to taste, well, like chicken. Restaurant with Joe, the bartender. which were served in a mushroom sauce and accom- Week lets the poor eat like kings, and the college stu- Our table was located near the fireplace and, panied by a Gruyere and apple gratin. In all, three dent turn down chicken in favor of more exotic fare though the table stood freely in the middle of the members of our party ordered the lamb, one ordered such as venison or duck. We felt that it was impor- room, we did not feel like an island. In fact, it gave us the vegetable gathering, one the scallops, and one - tant to the integrity of the paper and our credibility a very fine view of our surroundings. We quickly the chicken. Despite earlier statements regarding as reliable food critics that we make the most of learned that Joe was not the anomaly at 1789. The chicken, one taste of 1789's rendition, a pan roasted Restaurant Week by checking out several restaurants staff struck a beautiful balance of attentiveness, pro- version, smothered in mushrooms and served with during the week. That's right, Georgetown, we ate fessionalism and good humor. Our waiter, John, was mashed potatoes, sherry and endive, was enough to well for a solid week FOR YOU. very knowledgeable and kind. We also think he was see that this chicken was on par for the course. We made reservations based solely on two especially thrilled to have a table of young women Last came dessert. Amy ordered the butterscotch things: 1) name recognition of the restaurant; and, 2) giggle over the menu and conspire to share. The crème brûlée, as did Erin. Our friends ordered the the number of little dollar signs that we associated average age of 1789’s patrons appeared closer to that Latin bread pudding, the double chocolate torte and with it. Our choices were Galileo and 1789. After of a law professor than that of a law student. the white chocolate and Grand Marnier parfait. The making reservations, we decided to do a bit more The first course of the meal included the option waiter kindly supplied us with the only selection we research. We learned that professional reviewers had of an appetizer or salad. We ordered a variety of the had neglected, the apple tart, served warm and given Galileo four stars while 1789 had received two. choices, including: oyster and champagne soup, accompanied by ice cream and caramel sauce, Would these ratings match the strict analytic review crispy prawns, salmon cocktail and a field greens because it is his favorite. for which we have become known? Only time would salad. Other wonderful options included a lobster Besides learning that we could definitely adjust tell. This week, we give you our review of 1789 and tempura roll, Thai mussels and Hudson Valley fois to a life filled with fine dining, we found that we next week we'll review Galileo in comparison. One gras. Before our selections arrived, we were all given were in sharp disagreement with the rating which word of advice, you may want to fill your belly a pre-appetizer of salmon tartar arranged on a white had been assigned to 1789. From entry to exit, our before reading what follows below. tasting spoon. Amy, ever curious, turned the spoon experience at 1789 was unparalleled in decadence 1789 lies in a four-story townhouse located in over and announced that it was from Pier 1. One of and courtesy. Next week, as we compare this experi- Georgetown proper. The setup makes for a very our party members declared, "I have that spoon!" ence with that of Galileo, you will see exactly why charming dining experience. In some ways, the mul- While we were impressed with all of the appetizers, 1789 deserves such high appraisal, being the superi- tiple stories of intimate dining rooms are a little particularly noteworthy was the oyster-champagne or restaurant on all fronts. To be continued... maze-like, but the partitioning of dining space gives Person of the week: Christopher Ballantyne, Instructional Technologist and in literature. I backed into this my clients were academicians in social known the world over, and that will be by Alaina Dartt almost through historical accident in a sciences. When their funding dried up that. way that I still don't fully understand. they could no longer afford my services. And you don't want the word to spread What do you do as the Instructional But what knowledge that I have Those of my clients who weren't first through the Law Weekly… Technologist? acquired in the field of technology has dependent on the public purse grew If anyone is really curious about it I I'm still trying to figure that out. It been acquired through empirical expe- strangely silent, so I decided to come would invite them to come over and involves on a day-to-day basis a lot of rience. back to the United States, and I have chat with me, and if they answer five close work in technology for faculty You said your background is in liberal family in the area. I hadn't lived in questions correctly I'll tell them. members. It also involves supporting arts. What did you study? Washington since my high school years, They have to pass a test first. the technologies we use in the class- I majored in Latin American and it seemed like a distressingly sensi- Yes. I wish I were in Amsterdam room, in addition to the technology that Studies at Yale, and I took a Masters ble thing to do. right now. I like the way the row hous- we use in people's workspaces. It degree in Brazilian literature at the What do you like to do when you're not es look in the winter light. It's a beauti- involves scouting out new and exciting University of Texas at Austin. working? ful city. The sight of it more than makes gadgetry that might be useful in the Where are you from originally? I suppose most of the time that I up for the torment of having to eat in university's pedagogical mission. It also I always hesitate before I answer have when I'm not working I'm asleep, that town. But it's good for almost every involves playing with toys that you can that question because and I enjoy that. I write, I other sense. There are fabulous muse- see are strewn about my office, to deter- I'm from a number of cook and travel when I ums if you're into painting and sculp- mine what sort of devices might have a places. I was born in have the opportunity. ture. And you go look at those things, useful life here at the Law Center. London, but left there Writing and cooking are and then stroll along the canals, and it How long have you worked here? when I was four years sort of daily fixtures. takes you to another place. I've been working at Georgetown old. My father's What do you write? Do you have a favorite book? for, good heavens, almost five years American. My moth- In addition to a great I have several. I suppose my now. I began as a temp working at the er was Brazilian, and I deal of personal corre- favorite book is the one I haven't writ- help desk, and it was two years ago was raised and had spondence with far-flung ten yet. that, in effect, I devised the position of spent much if not all friends, I commit poetry Are you planning on writing non-fic- Instructional Technologist to fill a niche of my life shuttling from time to time. I have a tion, fiction? that had been there all along. back and forth faithful readership of one Fiction. Which might turn out to be What's your favorite part about work- between the United in Brazil who appreciates badly disguised non-fiction, but fiction ing at the Law Center? States and Brazil. I my work. So poems in is where my talents lie, if I have any at In no particular order, I really dig did some growing up Portuguese, a bit of prose all- certainly not in non-fiction. But I do the espresso bar. I like my colleagues, I here in Washington, now and then in English, have a favorite, by a 19th century like being in an environment where D.C., and some more and sardonic limericks for Brazilian writer, who, if he had written people are bright, well-educated, and growing up in Rio de Janeiro. And now family members on the occasion of their in any of the major European languages motivated. It gives me a considerable it occurs to me that I'm back here in one birthdays. would be right about there with Tolstoy amount of internal reward to be able to of my two hometowns. You said you like to travel. What is one or Dostoevsky, or any of the real monu- help people with problems that they What made you return to Washington? of your favorite destinations? mental figures in the 19th century might be experiencing, and also to I had been living and working in I have several, but at the moment novel. His name is Machado de Assis, introduce them to things that may not Brazil for much of the latter part of the there is a fishing village about four and the title of the novel is Dom otherwise enter their frame of aware- '90s working in translation, and when hours drive southwest of Rio de Janeiro, Casmurro. It's one of these 19th century ness. the economy there started to go sour the name of which will remain a secret, novels about adultery told from a very How did you get into this field? Did about '98 or so it left me with a very simply because the place is so magnifi- crafty and devious narrative viewpoint. you learn it in school, or is it something you queasy feeling about the prospects of cent and spectacular, and so good for It's narrated in the first person. Some taught yourself? remaining there in my freelance capaci- the soul that what I fear most is that readers have interpreted it as a rewrit- My background is in the liberal arts ty. Basically what happened was a lot of overnight, this destination will be ing of Othello. PAGE 8 GEORGETOWN LAW WEEKLY FEATURESFEATURES TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 Student Voices: Warm surroundings abound in Mexico by Jiayu Sun, 1L La Paz and Cabo, arriving like Lawrence of Arabia Carlos. Guest Writer to Aqaba, with sea and ocean emerging on either San Carlos is a fishing port in Magdalena Bay on side of the cape like an immense revelation out from the Pacific, three hours northwest of La Paz. The I spent Christmas on a Mexican bus that took me the rocks and sand. But the Turks had not overrun paved road ends at the town's entrance, giving way from Tijuana to a beach town called La Paz 1100 this place - it was the Americans. to streets of sand. At noon I wandered into the miles away at Baja California's southern tip. Baja on I signed on for a cruise around the cape called empty courtyard of a hotel bearing English signs the north stretches from San Diego to Yuma, the Guappa, but appeared next morning at the pier and was greeted by a woman in the open-air Arizona, and tapers south between the Pacific and to find no ship. Another cruise was leaving then and kitchen, having lunch with her mother and young the Sea of Cortez. Transpeninsular Route 1 hangs I accepted their offer of snorkeling and free alcohol. son. down the Pacific before crisscrossing coasts through I am a very bad swimmer: I love the sea but fear Quarto? the woman asked. No, I replied, I did desert and mountains, ending where ocean meets the water. My life vest was hopeless and my snorkel not want a room, only to hire a boat. She did not sea at Cabo San Lucas. The ride lasted twenty-four kept taking in water. I returned to the deck and understand and fetched her daughter, Manu. Manu, hours. ordered more drinks, while sunning between an who learned English at the university at La Paz, I had never been to Mexico and did not speak arguing couple from New Jersey and a tall, serene called and arranged for her cousin, a pescador, to Spanish, but had spent time in thirteen countries in family from Iowa. Seagulls flocked around the boat, come and take me across the bay, as I sat down to a the past year and have grown accustomed to travel- scavenging scraps of food the woman from New lunch of chicken tortillas and beer. ing. Rain and cold were washing out the holidays Jersey was throwing overboard. One bird glided José, the pescador, had picked up remarkable from northern California down through most of over us and defecated onto the boyfriend's chest. English from the tourists. We towed his boat to the Baja. To find the sun, I had to go south. Back on land, I sought a refund for my ten-dol- dock, drove across the bay and wound our way The bus left the northern coast and headed into lar Guappa deposit. The vendor, Juan, did not have through an inlet densely lined with mangroves the central desert, where we stopped for dinner in a the money and wondered if I would come back growing out from the salt water. We finally came town called San Quintín. The cafeteria served roast tomorrow. But I had to return to La Paz and could upon dunes, on the other side of which, José told me, chicken and rice with corn and soft tortillas. I was not wait. The Guappa's owner would have the was the Pacific. He would wait, but in an hour the hungry, but the bus ticket left me with only ten dol- money, Juan assured me, and we drove to find him. inlet's water would become too shallow for the lars, which had to last until La Paz. I bought two ice We stopped at a grocery store across town and Juan boat's motor. cream sandwiches and decided to save the money spoke with the clerk. The owner was not around. I I waded barefoot across the dunes, mindful of until further south. suggested we square the deal for five dollars and a snake tracks, and reached the Pacific in ten minutes. I surprised myself by sleeping through most of ride to the bus terminal a mile outside town. Juan I was alone on the beach. A constant wind cooled the the night, waking only when the bus pulled into agreed and handed me five dollars from the till. air and the water was cold and clean. I rested for a Guerro Negro (Black Warrior), a town named after On the bus I sat next to a Cabo native named while and then returned to the boat. an English vessel that shipwrecked upon the coast Salvador who married a Californian girl he picked Next morning I took the bus back across the there, perhaps hunting whales in Scammon's up in a local bar. The Americans come to Cabo to peninsula to Loreto on the Sea of Cortez. I stayed Lagoon where in winter gray whales go to bask and have fun, he said. long enough only to glimpse the sea before catching to calve. I set off with an Italian couple the next morning the bus back up north. I had promised to celebrate After cutting through the central desert and for the beaches north of La Paz, hitching a ride there New Year's with my cousin in San Francisco. mountains, the bus followed the Transpeninsular on the back of a patrol truck. But the winds were too Daylight faded for good around Conception east to the coast and reached La Paz at noon. We had strong and no boats would take us out to the islands. Bay. Looking down while the bus ascended a cliff, I driven beyond the rain clouds and I walked into We backtracked to a shielded cove, where the spotted the red taillights of RVs camped along the town beneath the sun and saw the sea. I found an Italians tanned and I explored the waters in a rented crescent beaches. Sugarloaf islands stood out in the ATM, bought more ice cream, and inquired about kayak. In the afternoon, I bid the couple farewell and bay with the sea beyond them. In the morning, it the bus to Cabo San Lucas. caught a ride back to La Paz with a pair of Mexican would be New Year's Eve and I would have The Transpeninsular bisects the desert between tour guides, hoping to catch the last bus to San returned to Tijuana.

Poetry Corner Adopt A Pet Relax into Frustration Today! There's that twinge This week's Pets of the Week are Smokey and Jackson. Feel the flutter They are currently in foster care waiting for a good home. Heart beats fast Smokey is a sweet, affectionate Butterflies shudder Labrador mix. He is about two years old, and he is full of energy- he loves to run and to Look away retrieve. Smokey loves to be around humans Not to stare and other animals. He has some separation Smiling brief anxiety, and would be happiest in a home with someone who is home most of the time and Casual may care with one or more dogs. For adoption informa- tion, please call Gopa at 202-546-1745. Not too close Jackson is a classic black tuxedo Drawing near cat who was left in an empty apartment Hovering softly after his person moved away. Who could Thoughts unclear do that to their companion animal? Jackson is a 4-year-old handsome and Enjoying the sight sweet guy who truly loves other cats Imagining the night (he'll even play patiently with little kit- Secret smiles ignite tens), but he could also live alone with someone who gave him lots of love. To For passion's delight meet Jackson, contact Laura at 202- 529-8733 or [email protected]. Not quite yet, wait - Smokey and Jackson have many furry friends also avail- Patience a bond able for adoption. For more details contact: Stress out for fun Washington Humane Society Shelter Relax into frustration 7319 Georgia Ave., NW Washington, D.C. 20012 Manners a must 12-4 pm, seven days a week Can't think for lust 202-723-5730 (24 hours) Try to ignore… If you'd like to help out animals, but can't adopt a pet at this There's the knock at my door… time, consider volunteering. Check out the Washington Humane Society's website, at www.washhumane.org/volunteer.htm, for a Liz Hollander, 1L list of volunteer opportunities. TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 HumorHumor GEORGETOWN LAW WEEKLY PAGE 9 General Fashion Re: Torts Heat on the by Sayo Kondo, 1L comfortable clothes by trying out vari- Counsel Law Weekly ous outfits yourself. Also, just because you're in law school doesn't mean you Hill by Counselors Mike Palisano, 1L and Who's to decide what's in or not? have to feel the need to look dorky or The Laws Annie Wartanian, 2L Unless we're Tom Ford or John silly, though if you're confident about of Love Galliano, we can't really say what oth- yourself, it really doesn't matter what Re: School Savvy ers should or should not wear. Okay, so you wear or how you wear them. by Logan & Lucy Dear General Counsel, maybe some people are not so comfort- When you're furiously trying to fin- Dear Heat on the Hill, I’m a 1L and I know a lot of people able seeing men wear skin-tight jeans or ish up your memo at five in the morn- I've been in a long term, long distance say it is unacceptable to discuss your women wear low rise jeans that reveal ing, you could care less about whether relationship for several years. A few weeks exams but I am really curious about what the bit-too-unsightly butt cracks. So you should choose cargos or khakis for ago, my girlfriend moved to the DC area. sort of answers and study habits produce what? Law school might be the last time class. Wear whatever you can relax and Since moving closer, she insists on cutting the best results, and what better way to ever that we get to adventure with fash- kick back in. At least you are wearing back our quality time-I'm limited to seeing do it than to compare how you did and ion. Once we become lawyers, it will be something. (Just don't let your fatigue her once a week until she "feels more com- how you answered questions with your a rare thing to wear anything we want make you thing that you can perhaps fortable" in DC. What does this mean for fellow classmates? for most of us. Why not splash a can of get away with nothing… you don't me? Annie says: it is completely paint over a Versace dress or cut up a want to be a criminal while Confused in Con Law understandable to feel anxious about pair of pants and make a still a law student.) Think comparing exam results. After all, belt out of the left over about TPO (time, place and Dear Confused, everything we do is constantly meas- cloth? What may look occasion) when you are Your problem might mean she's ured against our peers. You take the ridiculous now might interviewing, but other- questioning your relationship and is same classes, write the same memos become fashionable next wise, there are no law using the new city as an excuse. It and soon you will be applying to the season. school uniform codes, as far might also mean she is cheating on same jobs as many of your peers. If I Clueless over fashion? as I'm aware of. you-extreme, but a possibility. Or, in were you, I would avoid escalating Then just wear whatever's comfortable. "Too tapered" or "too tight" jeans? all likelihood, she really does want a the angst and keep the grades to If you feel it's right, then it's right, no Why not? Flared (boot cut) jeans were bit of space to get her bearings and yourself. Most distinguished profes- matter what other people think. You oh, so wrong, some years ago, but they build her 'own' life here. (She may also sors probably couldn't tell you why wear the clothes, don't let them wear crept up the fashion ladder and revived be sick of law school jokes as foreplay - you got the grade you did, so just you. If you think it's hot to pull up your from our parents' time. Who cares if not everyone gets excited about pray to your God and keep truckin' jeans sky high with suspenders or mix passersby walk past you snickering as Marbury v. Madison.) along. and match leopard prints with pink and they look you up and down. Even if Considering the length of your blue stripes, go ahead. With so many you don't have the proportions of relationship, your best bet is to give Re: Health and Fitness rules like the notorious Bluebooking in Naomi Campbell, be brave and bold her some space, but talk to her about it. Dear General Counsel, law school, why worry over what oth- and try on super tight, tapered, calf- Tell her that you are really excited she's Lately I've been feeling under the ers think about your clothes? As long as lengthed jeans set in place up your so much closer and you would love to weather. My skin is pale, my throat is they don't have offensive messages or torso with a blazing white belt, and per- spend more time together, but at the scratchy and I have no energy. In general smell like they've been dumped in a haps you will be the next Marc Jacobs same time allow her to have her own I eat well, sleep well and have really good pigpen, don't be scared of wearing any- or Donna Karan. Hey, maybe someday life here in DC. By granting her desire health, but this feeling never goes away, thing you want. What looks good in the "muffin bums" will be the next big for space, chances are she'll ultimately how can I find out what is wrong with stores might not work for you, so thing. realize that she misses seeing you and me? you've got to figure out the best, most will appreciate your 'quality time' even Mike says: You did the right more. Eventually the 'rule' will fall by thing by coming to me. Most people The Quotable... the wayside as you find your same-city would tell you to see a doctor or that "It isn't the court that has been "jacking" them, if that's the term." - The groove. Good luck! you had mono. These people are Quotable Timothy Westmoreland Love, Lucy fools. The problem is that you are in law school, which engenders a kind “Stairs are hard.” - GULC Student at local happy hour Dear Confused, of malaise that is inescapable, and Run, don't walk, to the nearest will most likely destroy your soul “I'm uncomfortable with our Supreme Court Justices deciding whether exit. A healthy couple maintains per- after it's done with your body. The light is a wave or a particle.” - GULC Computer Crime Professor sonal space. Sometimes you need to best idea is to spend all your time spend the day drinking cheap beer and outside of class in a hyperbaric cham- "I'm sorry, I just wanted to warn you that I am about to take pot shots at watching football in your underwear. ber while being buffeted by soothing Justice Berger." - The Quotable Mark Tushnet Sometimes she wants to watch a poor- ambient sound. ly written sitcom about shoes and love in the big city. These are activities best Re: Roommate Remedies Universal Law spent apart. Dear General Counsel, Aquarius (Jan. 20 - Feb. 18) - All that in class, will finish you reading in no time, and Do you remember what you My roommate recently told me she Christmas shopping may catch up with you have plenty of money in your wallet for learned in undergrad when you dated was diagnosed with a gastrointestinal as you find yourself forced to eat Ramen drinks. And that cute guy in your seminar will the cute French major who lived down disorder. Then, she unilaterally imposed every night this week. But luck will come finally ask you out. [Eds. note:: the writer of these the hall? How quickly her presence changes on our living conditions includ- your way - this Saturday expect a flirty mem- horoscopes is a Leo...] escalated from the occasional make out ing use of the bathroom from 8-10am and ber of the opposite sex to be more than will- Virgo (Aug. 23 - Sept. 22) - Your grades ing to buy you a few drinks. from last semester will have no effect on your session to her wanting "just to talk" 8-10pm. After she is done, the bathroom Pisces (Feb. 19 - March 20) - All your enthusiasm for this semester - you'll be brief- during the Simpsons? How feminine is inoperable. I now brush my teeth at a studying will pay off as you realize you are ing cases until you fall asleep on your four products inexplicably appeared in local Chinese restaurant and shower in suddenly in love with all of your classes, and color pens and get ink on your nose. Wear your bathroom? How that endearing the Gewirz locker room. I don't want to more importantly, one of your professors. this to class to really impress your professors. accent acquired a rising level of irrita- be unreasonable, but this living situation Aries (March 21 - April 19) - Your nor- Libra (Sept. 23 - Oct. 23) - You will seri- tion? Space is good. Let's respect space. is just crappy. What can I do? mally keen fashion sense will fail you as you ously consider being self-sacrificing enough Your girlfriend isn't talking about Annie says: really bad gas must suddenly come to realize that everyone who's to take the class gunner under your wing and space. She is talking about rules. When really suck but there is only so much asking you "Is that vintage?" is only asking attempt to turn him into a rather normal per- any lady who isn't your mother starts you can sympathize. I am deeply dis- because you look like their parents. son. laying down rules-particularly arbi- turbed that you find brushing your Taurus (April 20 - May 20) - You will be Scorpio (Oct. 24 - Nov. 21) - This week trary decrees like "no drinking milk teeth at a Chinese restaurant a more fascinated when you discover there is life out- you will be encouraged to be creative in life - out of the carton"-it's past time to find sanitary alternative than your own side of lawschool, as you fall head over heels but keep it out of your legal arguments. As a woman who can communicate her home. If this is the case, something for someone who has nothing to do with Professor Ginsberg says, "Any scheme you needs in non-edict form. Your girl- needs to change. If you have taken GULC. Be warned if this person asks if you can come up with, that a competent high friend might see the light and start property, and are familiar with the know anything about the criminal law and school graduate can come up with, will not spending time with you when she Implied Warranty of Habitability, how to get out of jail. work." wants to see you, or she might contin- you may be able to get out of this Gemini (May 21 - June 21) - Planning Sagittarius (Nov. 22 - Dec. 21) - Now is ue to insist on the proper alignment of stinky situation, make money and an around-the-world dorm party is more the time to start outlining, say the stars and the stars until you are "allowed" to save your friendship by suing your work than you'll desire - until you realize you the professors. You will ignore them and go leave the library and buy her dinner. landlord, look into it, be creative! won't actually have to book flights for all the to that really great party instead, which I per- But there's no reason why you should guests. sonally I believe is a wise decision. limit yourself to one "quality time" ses- Got Questions? Cancer (June 22 - July 22) - Haven't got- Capricorn (Dec. 22 - Jan. 19) - You will sion a week while you wait. Email General Counsel or ten that great firm job? It's time to start look- find it easy to keep your New Year's resolu- Liberate your mind, Logan ing in other places - food service places, tions this week, especially if your New Year's Heat on the Hill maybe. resolutions include the phrase "more alco- [email protected] Leo (July 23 - Aug. 22) - You will have a holic beverages." Confidentiality guaranteed! fantastic week. You will know all the answers Horoscopes by the stellar Jenny Cieplak. PAGE 10 GEORGETOWN LAW WEEKLY OPINIONOPINION TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 Georgetown Pointing a keener eye towards Iraq UN Charter in the interest of human In this situation the United States by Annie G. Wartanian rights, violations of UN resolutions could legitimately question how the Law Weekly (including Chapter VII Resolution threat of Saddam Hussein would be Elizabeth E. Hancock, 2L 678 of 1990 authorizing use of "all addressed in a reasonable amount of Editor in Chief February 5th, 2003 - I remember necessary means" to "restore interna- time. As Colin Powell noted, there sitting on the edge of my seat in tional peace and security in the area") were over twelve years of Security Jenny Cieplak, 2L Stromseth's International Law I. She and the threat to international peace Counsel violations; most notably Audrey Perry, 2L told us that this was a crucial and stability due to their possession human rights violations and the Managing Editors moment in history and that it had the of WMD. Our opposition argued that undermining of long-term weapons potential of changing the functioning what the U.S. did to Iraq was the monitoring programs. One could Nicholas C. Erickson, 1L of the United Nations. Close to 50 of equivalent of throwing someone in argue Saddam himself was making a Kevin Mittler, 1L News Editors us attentively watched Powell's pres- jail for murder and then digging mockery of the international law entation to the Security Council, around for some evidence or a believ- imposed on them through Security Erin Lien, 1L remaining in the classroom well into able story. They won. Counsel Resolutions while most of Amy Messigian, 1L the next period, unwilling to move. Just this week in a news confer- the international community sat Features Editor While watching, many of us surfed ence, Collin Powell admitted that "I around and watched. The truth is up to 3 or 4 other news sources have not seen smoking-gun, concrete that democratic systems have a prob- Annie Wartanian, 2L simultaneously, feverishly searching evidence" of the connection between lem with functioning efficiently in Commentaries Editor for more reactions, analysis and sta- Al Qaeda and Iraq. Also this week, times of war, which can be fatal (such tistics. In this appeal to the Security the New York Times published two was the case during the Alaina Dartt, 2L Michael Palisano, 1L Council, Colin Powell told the world articles whose headlines read: Peloponnesian War). I can under- Assistant Editors that a "sinister nexus" existed "Powell admits no hard proof linking stand the frustrations of such a situa- "between Iraq and the Al Qaeda ter- Iraq to Al Qaeda" and "Bush sought tion, but I cannot help but think of Tye Andersen, 2L rorist network, a nexus that combines to oust Hussein from the start, ex Martin Luther King during the civil Shawn Bates, 1L classic terrorist organizations and official says." Besides thinking to rights movement who addressed the Stephen Borgo, 4E modern methods of murder." He myself 'of course, at least they finally injustices of our system while delib- Katherine Clark, 1L added that denials of these accusa- admit it to the public,' my initial reac- erately honoring the rule of law. Matthew Dalton, 2L tions by Iraqi officials were simply tion was one of distain. This adminis- Whatever law he broke he was will- Feras Gadamsi, 1L not credible. tration used the threat of immediate ing to suffer the consequences Jennifer Geiser, 2L Chen Fong Goh, 1L Powell emphasized the immi- danger as a justification for under- because he respected the legal insti- Liz Hollander, 1L nence of danger concerning the use mining the mechanisms of the UN tution. Why must we accept that Sayo Kondo, 1L of WMDs and offered the poisoned and acting in a manner against the there are few such noble actors in this Adam Laxalt, 2L olive branch of American intelligence wishes of the international communi- world? If we don't think the UN Scott P. Lindsay, 2L as a sign of the administration's sin- ty. What gave us that right? What is works effectively enough, we must Tarek Maassarani, 2L cerity. Even tree-hugging peace the cost of doing such a dishonor to improve it or accept the conse- Jessica Mazzaro, 1L lovers began to scratch their heads the very institution we helped create quences for defying its rules, at least Michael B. McClellan, 2L wondering if September 11th really to prevent strategic and offensive insofar as coming to terms with the Zhubin Parang, 1L did change the rules of the game. uses of war? American public for manipulating Amina Rana, 3L Ari Scott, 3L Skeptics on both ends of the spec- The article went on to illustrate our perception of danger at the cost Jiayu Sun, 1L trum questioned whether interna- how Powell vigorously defended US of more war, our troops, our tax dol- Katie Tenney, 1L tional institutions really were actions taken at that time. Regardless lars, and our international legitima- James Veverka, 1L equipped to handle such crises. of reality, Powell emphasized that cy. Rebecca Young, 1L During this period, the Bush admin- the president believed the region was Why continue to deceive us, Mr. Staff Reporters & Writers istration emphasized the new dan- in danger at the time of the attacks. Powell? I cannot appreciate why US gers posed by the lethal combination Let's give the President the benefit of perceptions at the time of the Iraqi Mark Leighton of terrorists and technology. The the doubt for a moment. In fact, invasion have to be rigorously Jon Massimino administration's National Security according to the New York Times, a defended rather than helping to clar- Avedis H. Seferian Editors Emeritus Strategy discussed the necessities of report recently released by the ify the truth today. Just as all terror- preemptive and even preventative Carnegie Endowment for ists are not Arabs, not all countries Mark Arimoto, 3L war (a concept never endorsed by International Peace concluded that whose leaders we want to oust are Artist international law) given the great Iraq's weapons programs constituted linked to September 11th. I don't see uncertainty and even greater magni- a long-term threat that should not anyone equating North Korea with Katie Mierau, 2L tude of terrorist attacks. There is no have been ignored. We know the Al Qaeda. Hasn't enough harm been Editor On Leave question that with the wounds of Hussein regime was no good. Among done to the American public and the September 11th, 2001 still as fresh as other things, Saddam Hussein had international community? This Monica Stearns the crumbled concrete remaining in burned oil fields and stubbornly deception has brought confusion, Business Manager the rubble surrounding ground zero, refused to cooperate with countries hyper-terror and hyper-patriotism to The Rev. Robert F. Drinan the threat of international terrorism who wanted to help bring business our country. This deception has Faculty Advisor was our strongest suit. So in the face and prosperity to his people. Even undermined UN mechanisms and of crisis, and in defiance of UN more of an international concern was has incited more hatred towards Georgetown Law Weekly weapons inspectors and the majority his use of prohibited weapons in the Americans, which will only work to 600 New Jersey Ave., N.W. of the international community, the past against his own people, includ- exacerbate the very problem of ter- Washington, D.C. 20001 United States overthrew the Iraqi ing nerve gas attacks against Iran and rorism we are trying to eradicate, like Telephone: (202) 662-9265 regime. Iraqi Kurds. He no doubt had more a lingering cancer. All I am asking for Fax: (202) 662-9491 ambitious plans for the international is the truth. [email protected] The following summer, I studied human rights law in Siena, Italy and arena on the back burner. Georgetown Law Weekly is pub- delivered an oral argument in moot lished throughout the school year by court proceedings before Justice students at Georgetown University Richard Goldstone (chief prosecutor Law Center in Washington, D.C. for the International Criminal STOP The Law Weekly is composed on Tribunals for the former Yugoslavia Quark Express 4.1 and is printed by and Rwanda and Justice in South Southern Maryland Publishing. Africa's Constitutional Court), The writing, graphics and design are the responsibility of the Law Weekly defending the legality of U.S. actions and do not necessarily represent the in Iraq. There were not many in that WHINING. views of Georgetown University Law room sympathizing with the U.S. Center. Signed columns represent the position or plight. In a feeble attempt beliefs of the writer, and not necessari- to defend our country, we weakly ly the views of either Georgetown argued that the U.S. attack was a Start speaking out! University Law Center or the Law legal use of force under Art. 51 of the Weekly. Unsigned editorials represent UN Charter (authorizing acts of self- the opinions of the editorial board. defense in the face of an "imminent Letters to the editor should not Write commentary for Law Weekly exceed 700 words. The Law Weekly threat of armed attack"). reserves the right to edit columns for Alternatively, we argued that if our length and style. Deadline for material acts were not found to fall under the [email protected] submissions is Friday at noon before purview of Art. 51, they should be the Monday of publication. considered a justifiable breach of the TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 OPINIONOPINION GEORGETOWN LAW WEEKLY PAGE 11 Uproot Parasites: reform medical liability system they must internalize the ever-rising cost medical liability cases (2003 Gallup Poll). Perrin report reveals something even by Michael B. McClellan of medical liability insurance. A brief look at some key indicators worse - the US tort system returns less Practicing medicine is becoming explains why. than 25 cents on the dollar for actual tan- increasingly high-risk and unprofitable. Medical liability insurance premi- gible economic loss to the plaintiff. The A commentary article in last week's This is not only bad for doctors, it is ums are skyrocketing. Reaching $200,000 remaining 75 go to the attorneys, court Law Weekly attempted to dismiss the detrimental to most Americans who a year or more for some high risk spe- costs, and punitive damages. growing tort reform movement as a expect quality health care - and especial- cialties, premiums are forcing physicians Thus, while hugely inefficient in baseless, politically motivated "fear mon- ly those seeking quality health care at an to limit services, retire early, or move to a compensating plaintiffs for tangible eco- gering" campaign put forth by a negli- affordable price. As in any endeavor, state where premiums are more stable. nomic loss, the medical liability tort sys- gent healthcare community seeking to providing medical treatment comes with This benefits no one, except the parasitic tem is pushing good doctors out of med- unravel "an unbroken system." While risks and no doctor can avoid complica- attorneys shutting down the system. For icine and mandating sub-optimal health- one might consider dismissing outright tions 100% of the time. Yet in many juris- patients, the trend threatens access to care. If this system is not broken I would such an assertion that runs contrary to dictions, given the ease with which a suit quality and affordable healthcare. For hate to see one that really is. the views of nearly three-fourths of may be brought, and the structural doctors, it means abandoning the med- Fortunately, there exist real-world Americans as prima facie false, the audac- incentive provided to bring meritless ical practice that has often constituted a solutions to these structural problems. ity of the proposition compels me to suits, virtually anything short of an opti- life-long passion and in which they have First, as advocated by the AMA, the rest explain just exactly why that is. mal outcome is resulting in a lawsuit - invested over a decade of education. This of the country should follow California's Make no mistake about it, the tort often even with informed consent. As is not scare mongering - it is reality. lead and adopt a Medical Injury system is broken, and no where does it any passing first year law student In spite of the increasing complexity Compensation Reform Act (MICRA) malfunction worse than in the medical knows, this falls well short of negligence of modern medicine, in most jurisdic- type law (it has worked in California for community. The overused cliché of the and the reasonable person standard. tions the threshold for initiating a med- more than 25 years). MICRA limits the "ambulance chasing" attorney is sadly America is an entrepreneurial ical malpractice lawsuit is problematical- amount plaintiffs (and lawyers) can supported by real data - and lots of it. nation. Yet there are generally exceptions ly low. Generally, a plaintiff need only obtain in non-economic damages, thus While the medical malpractice plaintiff's to every rule. In the arena of medical obtain the signature of a licensed physi- evaporating the contingency goldmine bar lucratively capitalizes on the current malpractice, the tort system has dramati- cian, as opposed to a specialist. for "jackpot-seeking" malpractice attor- tort system, the rest of Americans pay for cally over-incentivized the entrepre- Disturbingly, the general physician may neys. Without threatening plaintiffs' abil- it - with higher insurance premiums and neurialism of plaintiff's lawyers, with know little about the field in which the ity to obtain compensation for legitimate fewer outstanding doctors. potentially massive awards for non-tan- alleged malpractice took place and can- medical malpractice injuries, MICRA on The economic costs of the U.S. tort gible loss and punitive damages - of not serve as an effective gatekeeper. a national scale could work wonders at system are rising dramatically - 125% which a contingency lawyer can take as More disturbingly, there often exists a de-incentivizing predatory lawyers. over the last decade. At 2.2% of GDP, the much as half. While it is of course true nucleus of such doctors in any given Second, the initial gateway must be bet- US leads the industrialized world in tort that patients must be compensated for jurisdiction, who plaintiff's attorneys will ter policed by medical peers who are costs. While this is clearly problematic injuries sustained due to negligent health consistently use to approve their cases. specialists in the area of alleged malprac- for businesses who wish to manufacture care, the current system creates windfalls Accordingly, doctors (or their insurance) tice and have a better understanding of and provide services in an increasingly for attorneys to the detriment of both are forced to bear the costs of the initial whether a suit is valid or frivolous. competitive global environment, it is patients and doctors. From a public poli- defense - even when a suit is dismissed. Lastly, congress and state legislatures doubly disturbing for the medical com- cy standpoint, this is disastrous. The current system provides a "law- from both parties should take a serious munity where much of the cost is con- Accordingly, the American Medical suit lottery" - whereby a few plaintiffs look at ways to restructure the medical centrated. Not only must healthcare Association (AMA) has made medical and lawyers obtain astronomical awards liability system before it is too late. providers meet the challenge of provid- liability reform their number one legisla- and the rest of society pays for it with The system needs reform and it ing increasingly advanced and complex tive priority, and 72% of Americans access to care problems. But recent needs reform now. After all, even treatments at artificially low prices, but favor capping non-economic damages in research from a Tillinghast-Towers lawyers get sick. Musings on unilateralism and the United States ale of self-defense beyond its desirable mitments to democratic accountability, globally, and nationally or appointed by by Tarek Maassarani and intended plasticity. In the post-bel- due process, and equality while at the the General Assembly; and whose lum reality where little evidence of same time avoiding the pitfalls of a polit- capacity to mobilize security forces is weapons of mass destruction seems ically hamstrung multilateral security realized pursuant to Article 43 of the UN From a historic peak in worldwide forthcoming, the unburrowing of regime that is premised on a 50-year old charter. I do not doubt the potential of sympathy following the attacks of Sept. Saddam Hussein, along with the trial of conception of collective security. human ingenuity to fashion a more 11, the United States fell on the lonely his despotic horribles, actually repre- Though most American scholars effective and de-politicized decision- side of the diplomatic schism that char- sents a shift to a less convincing post hoc and practitioners reject Krauthammer's making body. Unfortunately, inherent acterized the international debate on rationalization. Humanitarian justifica- "new unilateralism", where the U.S. cap- collective action problems and national- military action in Iraq. That political sen- tions for the use of force, despite their italizes unabashedly on its new post- ist distrust will raise an impasse to the timents and fervent nationalism have moral appeal, still do not penetrate the Cold War status as lone superpower, realization of multilateral legalism that is lost their steam did not obviate the need doctrinal armor of national sovereignty. they still fall close to the tree of unilater- on par with, if not greater than, the cur- to reflect on the future role of the US in Reading a use-of-force authoriza- alism. For them, a few well-crafted com- rent obstacles to conventional multilat- international relations and its special tion into the Security Council resolutions promises and the exercises of soft power eralism. unilateralist flavor. Following the recent was the U.S.' other, legal tack. To be sure, in culture and economics can render our Ironically, this is where the short- rift of allied blood brothers, no less these "legal" debates were colored by the disproportionate power, cast primarily term fruits of an attenuated unilateral- Europe's current political and economic politics of stakeholders and powerbro- in military unipolarity, more palatable to ism can be channeled to serve long-term flexing, a sense of discomfort with the kers. Indeed, in the succession of exis- the international community. However, structural change. The United States, as continued role of extant US foreign poli- tential legitimization - arguably the first it is likely that the needed reconciliatory a respected global superpower in the cy seems to hang in the air. successful UN mobilization to address measures will demand, at a minimum, first stage, is in the position to effect a The reason we lay in a decisive his- an international threat to peace and increased foreign aid, lowered trade bar- secondary maturation of international torical moment may not seem immedi- security in the first Gulf War. Herein lies riers, military downsizing, loan relief, ordering through the mobilization of ately obvious. It is certainly not the first the source of intellectual dissonance; in more consistency and neutrality in for- international dialogue and consensus time the perceptions and realities of terms of a regime of international order- eign engagements, the ratification of decision-making. Historically, legal rev- American "exceptionalism" inspired a ing, the materializations of our only two various collective agreements, and per- olutions such as the framing of our own natural animosity - our double stan- thinkable gestalts seem unsatisfactory haps a profound change in our self- Constitution in the summer of 1787 by dards with respect to arms proliferation for addressing a world of terrorists, dic- regarding rhetoric. Yet, even if these an elite, yet forward-thinking corps of and military build-up, climate change, tators, nuclear arms, and continual quixotic actions elicit the worldwide statesmen, not only demonstrate that and international criminal tribunals are human rights breaches. approval of our military monopoly, such structural transformations are pos- instructive. Notwithstanding, the recent These threats, alongside the soft attenuated unilateralism will continue to sible, but that they enjoy increasing con- military adventures in Iraq and the less scourges of underdevelopment, finan- hamper the eventual establishment of a sensus under exigent circumstances. The spectacular attempts at restoring the fall- cial insecurity, poverty, inclement security arrangement that is grounded question that remains is whether our en state have raised questions about the health, pollution, environmental degra- in the rule of law and the principles of national culture and the leaders imbed- prudence and effectiveness of American dation, and resource scarcity, suggest a democracy, a structure that can outlive ded in its democratic system can assume military campaigning from within. real and ineluctable necessity for some whim and transience. the foresight necessary for an "enlight- This observation is not only com- kind of international cooperation. Perhaps an alternative model of ened" two-staged approach to foreign pounded by a similar and more neglect- Multilateral institutions have been wel- multilateral legalism may break the stale policy. One can only hope that the ed situation in Afghanistan, but by a comed and are making some progress in unilateralism-versus-multilateralism uncertainty and discontents of our cur- sense of ambiguity shrouding the legiti- the globalizing economic, social, and discourse. Consider a Security Council rent relationship to the world will macy of the Iraqi liberation under inter- environmental arenas; but what of peace arrangement, whose actions and legal inspire forward thinking, and a jot of national law. Many critics feel the pre- and security? Yet our circumstance interpretations are subject to judicial humanist romanticism, amongst the emptive strike doctrine, as applied in presses us to reconcile the stabilizing, of review; whose veto power is limited; ranks of national decision-makers and this case, stretched the traditional ration- American military hegemony with com- whose members are elected regionally, the American public. PAGE 12 GEORGETOWN LAW WEEKLY OPINIONOPINION TUESDAY, JAN. 20, TO FRIDAY, JAN. 23, 2004 Houston, we have some proverbs...and what else? speech was quite beautiful, I suspect it with the real, dense blackness of small and fragile the planet looked My John Hancock caused little real movement, other uncertainty. It's that expanse that is against the intimidating backdrop of by Elizabeth Hancock than Democrat intestinal grumblings. seldom dared traversed. And it's that the universe. They didn't like it. As Don't get me wrong--I am a strong expanse that increases exponentially the United States contemplates action Despite what our second-grade supporter of space exploration, and of with each further inch America logs in that will inevitably produce photos of teachers told us, no creative writing Bush's initiatives. But I am disheart- its "been there; done that; you didn't" an earth that is marble-sized, pea- contest entry has ever really won over ened by a presentation that will leave record of outer space travel. sized, pin-sized… what human pro- national decision-makers. This truth Americans, exhausted from digging The reason for the hand-jerk reac- tective instincts might kick in among occurred to me (far too late), when I out the prosaic pile of "onwards" and tion is more psychological than politi- our Earthling neighbors, and what found one of my proudest grade- "upwards" and metaphors that always cal. Human beings are scared as hell unifying actions toward global preser- school assignments over holiday surrounds spacetalk, asking: "What do of any other living thing that even vation and prosperity might result? break--an "acrostic essay" that at once we get that we can hold?" The answer wants to "investigate" what's on The probable fruits of American expressed my sadness over the is, a lot more substance than the first another planet, much less actually space exploration initiatives are Challenger space shuttle explosion, starry-eyed read of the President's summons the power to travel there. thrilling and myriad, but they can't and encouraged then-President remarks would indicate. Check out the Alien director's cut if ALL be surmised in a Successories cal- Reagan to "have faith in America" and To light the booster fires under his you don't believe me. Better yet, check endar. In that kind of packaging, citi- send another teacher up. One fact constituency, Bush needs a plain, out the top thirty highest-grossing zens and officials will be entertained stood out clear against the scrawl-no meteor-solid admission that we aren't films of all time, nearly a third of and even inspired, by the idea. But wonder law students have so much really seeking space because America which center around the perils of they just won't buy it, and that's a trouble adjusting to legal writing, our needs a brazen new collection of adjec- space travel, or horror-filled human shame. To change their minds, Bush early childhoods are imprinted with tives, or because our nation's motiva- encounters with extraterrestrial life. needs to strip away the poetry, take the notion that we can sway govern- tional speakers are low on material. Considering our culture's apprehen- our heads out of the stars, and move ment officials with blue-ribbon haikus. What we want--what we need--in these sion-filled fascination with those that our thoughts back toward the "surly Earlier this week, I realized I was- color-coded, terror-driven times, is a have conquered the outer limits, the B- bonds" of the earth--and the country-- n't alone in my misguided literary larger, more intimidating trophy than movie plotline of extraterrestrial trav- that these efforts are really designed to genius, when I heard an elected offi- the moon. We need a larger American elers exercising mind control over strengthen. What is out there for the cial read aloud an assignment of his trademark stamp than a footprint, in humans isn't entirely far-fetched. U.S. is real and powerful, indeed. It's own. Revealing his ambitious plan for more foreboding soils, and we need it Fear is the most powerful motiva- the opportunity for an earthbound America's future in space, President for the same reason we've always tor, the unknown is perhaps the most nation to gain a fearsome presence Bush offered this prose: "Mankind is needed to draw lines in the sand. powerful purveyor of fear, and outer that surpasses the horizon's borders, drawn to the heavens for the same Now, before the International Law space is the literal and symbolic and to do so not by force or weaponry, reason we were once drawn into gurus raise their hands-I know that embodiment of all things unknown. but through display of the rightest unknown lands and across the open the Outer Space Treaty prohibits The nation that maps and controls it stuff we've got. sea. We choose to explore space acquisition of territory in outer space. first will sit in a seat of-literally-other- Tell it like it is, Mr. President, and because doing so improves our lives But this most recent space race isn't worldly power. That concept, Mr. how you, our nation's leader, know it and lifts our national spirit." about securing a few inches of atmos- President, Americans will get. to be. Take the podium again, and Spirit? "We" are emerging from a phere (or lack thereof). It's about hold- History proves that even those take off the glitter. Take out all enig- period of economic crisis, being asked ing sway over a different few inches-- who maintain "there's nothing out matic references to "mankind." Take to dredge our pockets for a spaceship those separating the hand of any there" aren't above the cosmic pull. off the Poet Laureate hat that didn't fund…what's in it for us? A "feeling of Leader X from Hostile to the U.S. When NASA's efforts produced the suit you anyway. having done a good thing"? Who did Nation, from the buttons X would first photograph of earth from space, a And if you can, use the word you ask for advice on how to motivate push to manipulate America to his sat- wave of panicked environmentalist "rightest." us, Bush, our moms? Though your isfaction. It's that expanse that is filled activity followed. People saw how