Vol. 50, No. 5, November 9, 1999 University of Michigan Law School

University of Michigan Law School University of Michigan Law School Scholarship Repository Res Gestae Law School History and Publications 1999 Vol. 50, No. 5, November 9, 1999 University of Michigan Law School Follow this and additional works at: http://repository.law.umich.edu/res_gestae Part of the Legal Education Commons Recommended Citation University of Michigan Law School, "Vol. 50, No. 5, November 9, 1999" (1999). Res Gestae. Paper 170. http://repository.law.umich.edu/res_gestae/170 This Article is brought to you for free and open access by the Law School History and Publications at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Res Gestae by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. STUDENT NEWSPAPER OF THE UNIVERSITY OF MICHIGAN LAW SCHOOL ............ estae > November 1999 David Boyle, p~~d above, has rL., sss Recogni·zea.oBtis1L9~ finally. succeeded m his battle to have the vote counts of the Fall Law School ~radley Stud JiMH.tudentSenate(LSSS)elections. His l.J \QW» mtt~ uest began nearly a month ago, when he first filed a formal protest 0 Hannah Mufson was o~, an unoffi~al .basis -word of regar~g the results of the _race for mouth atthebegmnmg,andbecame his section's lL Representative seat, The Law School Student Senate more official when interest grew. in which his campaign was unsuc (LSSS), in a recent move that baffled Walling said he went to a local meet- cessful. and upset many, voted to recognize ing in ~ Arbor, ~d through ~s Boyle appeared before LSSS at a Law Students for the Things Bill Bra first meeting, got tn contact wtth special hearing October 26, where he dley Believes In (LSFTTBBBI) as a stu more people, who also felt that questioned theobjectivityofthevote dent group. The problem? Two Bradley's campaign would affect stu- counting process. LSSS maintained weeks earlier, LSSS voted against rec dents. "They wanted someplace to that the votes were counted properly, ognizing a group named Law Stu meet on campus, and I offered the law with at least one objective individual dents for Bill Bradley (LSBB). school. But to get a room, you had to (a member of the Election Commit The groups appear to be substan be a student group." tee, a volunteer position) counting the tially similar. Representatives for LSBB then attempted to become an votes for each race personally. A vote both groups stated that the groups official student group through LSSS was held, however, on three issues: did not simply stand for Bill Bradley, channels. However, LSSS was op- first, whether Boyle would be al but for the ideas and issues embod posed. According to the minutes, two lowed to examine the ballots himself; ied in his campaign. The first group, years ago, LSSS did not recognize second, whether Boyle would be al however, was deemed by LSSS to be "political" groups, but this policy was too focused on Bill Bradley as a per dropped due to the difficulty of de See BOYLE, page 3 son. One of its founding members, fining what was and was not "politi V.P. Walling, said that he and others cal." It was argued that LSBB and were told by LSSS that "you can't groups like it would just cancel each have a group around a person - you other out, obviating the need to rec can have a group around ideas." ognize them at all. After a vote on Walling said he started to organize which only five out of 11 Senate mem LSBB at the beginning of the year be bers actually voted (the rest ab cause he felt that Bill Bradley and his stained), are-vote was six to five op campaign were important to the fu posing the motion, which effectively ture of law students. He said he got ended LSBB' s bid for official recog involved because he knew Bradley nition. through his daughter, and when After that, Walling says he decided Ernestine Schlant Bradley came to to opt out of the process. "I didn't campus to speak. he recognized there have time to focus on both," he said. was substantial interest in both Bra dley and his ideas. "The whole thing See BRADLEY, page 3 112 ~ ~e~ ®e~tae 9jliobember 1999 1~1-------- The Next Great Atnerican Law-suit OPINION- By Yingttw Ho pensation due to the Medicaid and a place provides substantial damage Using the awesome powers vested Medicare costs it was spending on to public health. The extra fat and in me by virtue of being the writer of people who were either obese or had artery clogging goodness of this article, I hereby declare that the high saturated fat in their diet. As a McDonald's food can cause heart dis year is 2005. Last year, after years of matter of strategy, these cities decided ease, as well as other threats to public protracted litigation, the evil gun to file one lawsuit after another so that health. Further, consumption of manufacturers have been subjected to McDonald's could not afford to fight McDonald's food violates the rights so much predatory discovery that all of them at the same time. The hope of others in two ways. First, the so they agreed to settle with the cities was that by spreading the evil oppo cial cost from heart disease is ulti that are suing them for the inadequate .nent out, the cities could receive settle mately shared by everyone. Second, amount of 5 billion dollars. As part ' •. mrnts'l'egarliless of the justic~ of their when one person in a party wants to of the agreement, the industry agreed claiiDs. · : • eat at McDonald's, he often drags the to drastically cut back on its manu- Next, the lawyers had to decide on others with him. Therefore, the pres facturing of handguns, and to limit a target for the litigation. It was sug ence of McDonald's not only harms their supply to only the police offic- gested by some small town country those who wish to patronize the res ers, the military and the nationa! . l~wy~r ~at , they ~hould 'Sue the indi taurant, but also everyone around guard. They have also agreed to sell · vidu4N1c0onald'sfranchi~forsup them. Therefore, McDonald's should only hunting rifles to the civiliari plyirtg' •people wh'o obviously be declared a public nuisance, and be population. Statistics from the past shouldn't be within a mile of a fast subject to severe civil sanctions. year indicates that the number of felo- food restaurant with fattening and Never mind the fact that the people nies committed with knives and hunt- unhealthy food. Most of the lawyers who went to McDonald's went of ing rifles have increased drastically, at the meeting simply laughed at their their free will, or that the people who and hunting rifle accidents have also colleague, and said a settlement from are victims of the McDonald's lover increased drastically. such a lawsuit wouldn't cover the cost make their own choices to place them Still glowing from their part of the of their suits and shoes. Instead, the selves in a situation where they could settlement, the class-action lawyers decision was made to go after be harmed. The lawyers were very are contemplating the next great McDonald's corporation, the one with satisfied with their argument, espe American lawsuit. They initially the deep pocket. How, the country cially in light of the fact that while fast wanted to go after the wineries and lawyer asked, could causation be es food does not have much social ben rnacro brews, but then decided they tablished. We will find a way, an efit, guns often serve as the final line liked their beer and wine too much to swered the big sharks, and even if we of defense for attacked individuals. If risk a price increase as a result of the can't establish causation we can al guns, with their substantial social ben lawsuit. Instead, knowing they will ways find a liberal, social policy ori efit can be found to be a public nui never go into such a plebeian place as en ted judge. We can then always in sance, then surely a fat factory such McDonald's, these predators (oh, I' rn vent the leaky barrel theory: We don't as McDonald's corporation can be sorry, lawyers) decided to sue have enough time to sue all of the lo found to be a public nuisance as well. McDonald's based on both a public cal McDonald's franchisees, and those The second theory that the lawyers nuisance theory and a willful blind- that we don't sue will simply take pursued was the willful blindness ness theory. over the market share of those that we theory. This theory argues that a sup Before moving on with the lawsuit, destroyed so that the same evil is still plier to local stores, in this case the lawyers consulted with many of done. McDonald's corporation's supply of the cities that were involved in the At this point, the lawyers drew up beef patties and special sauces to its gun litigation. Many of these cities some preliminary arguments to be local franchisees, has the obligation to had hoped to find a remedy for their used for many of the lawsuits, and keep track of where it's products are many years of over spending for the what follows is highly confidential going, and whether such supply may sake of big government, but were dis- information.

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