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The Justinian Volume 1994 Article 1 Issue 3 December 1994 The uJ stinian Follow this and additional works at: https://brooklynworks.brooklaw.edu/justinian Recommended Citation (1994) "The usJ tinian," The Justinian: Vol. 1994 : Iss. 3 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1994/iss3/1 This Article is brought to you for free and open access by the Special Collections at BrooklynWorks. It has been accepted for inclusion in The usJ tinian by an authorized editor of BrooklynWorks. et al.: The Justinian The Justinian Founded in 1931 • A Forum for the Brooklyn Law School Community December 1994· Volume 64· Number 2 1. This paper consists of 24 pages. 2. This is an OPEN-BOOK paper. 3. Reading time allowed: 3 hours Instructions: Read every article and good luck on finals! Published by BrooklynWorks, 1994 1 The Justinian, Vol. 1994 [1994], Iss. 3, Art. 1 GET INVOLVED!!! THE JUSTINIAN IS LOOKING FOR STAFF MEMBERS AND CONTRIBUTING WRITERS. IF YOU WANT TO SHARE YOUR THOUGHTS AND IDEAS WITH THE BLS COMMUNITY, JUST WRITE THEM DOWN AND SUBMIT THEM TO THE JUSTINIAN https://brooklynworks.brooklaw.edu/justinian/vol1994/iss3/12 EJustinian Cj)ecem&er 1994 2 et al.: The Justinian The Justinian A Forum for the Brooklyn Law School Community Editor-in-Chlef John A. Baxter 4 Mass Torts: A New Field Managing Editors 6 "Right" On Douglas H. Shulman Dawn Furlong 9 The New Odor 10 Death Be Not Proud Special Contributors 14 Memorandum Prof. Anthony Sebok Prof. Spencer Weber Waller 16 1 Misc. 3 (BLS 1994) 17 Melrose Place: The Column Staff 19 Law and Popular Culture Todd Bank, Michael A. King, Jennifer Lobato, Waste Product 21 First Year 23 Ex Ubris PublishedBustinian by BrooklynWorks, Cj)ecm1&er 1994 1994 3 3 The Justinian, Vol. 1994 [1994], Iss. 3, Art. 1 MASS TORTS: A NEW FIELD By Paul D. Rheingold, Trial Lawyer, N.Y.C. Law students may want to consider a gear up for the mass tort. They hire many new field of law in which to practice: mass extra lawyers, nurses, paralegals, and the like, tort litigation. Of course, knowing about a for the duration of the battle. The litigation field of law is not the same as having a job in may last many years, and it goes in stages it. But if you are aware of the existence of a from discovery, to trials, to ultimate resolu­ new practice, it may help you point up your tion through some sort of class action or knowledge to that firm. bankruptcy settlement which involves the Naming the products which have been payment of money to claims in some sort of involved recently in mass tort is probably the grid fashion. best way of demonstrating what is going on: A word of caution: just as one can get asbestos, DES, Dalkon Shield, Agent Orange, a job more easily this field since "warm bod­ Norplant. Each of these has involved mass ies" are needed in an emergency, these sort of litigation in every sense of the word: thou­ jobs also melt away. A plaintiffs' firm recently sands of suits started for similar injuries from laid off many people because it had presented the same product; suits pending in many states; all of its claims in a class action, and now class actions and resolution by the creation of there was going to be a long hiatus until offers gigantic funds to evaluate and pay claims. were made. Wall Street firms may employ These examples are only the tip of the lawyers who don't come up to partnership iceberg of the explosion that has taken place qualities knowing that it is only for the du­ recently in courts in the area of complex or ration. In any such situation, however, you mass litigation. We have mass litigation for have a chance to shine and often you may get hotel fires, collapses of buildings, airplane what you really strive for. disasters, and ship crashes. We have all sorts Although I would not recommend it, of mass toxic torts, such as Love Canal and you could launch yourself onto mass tort liti­ pollution of waterways, of the air, and oil gation-if you have a wealthy uncle. You can spills on the high seas. do as many plaintiffs' lawyers do and run While I have never seen any data, one advertisements for a certain type of product gets the feeling that every year a greater and litigation, e.g., "Send me your implant cases." greater amount of legal resources are moving Most victims who see ads don't have that into the prosecution and defense of the mass much concern about how experienced you tort cases. The litigation of the individual are. You can join litigation groups and tap case-be it the routine auto accident or the into what other lawyers are doing by network­ more sophisticated malpractice action-is still ing. But another word of caution: you must be there but less effort is placed onto these suits. prepared to stay in the fight for the long haul. The time and the money is shifting toward the Your target may go bankrupt and you will repetitive case. wait years for the payoff. At least, during that Where are employment opportunities time, you will have the good feeling that you in this field? They are plentiful but you have are carrying out the fight for better product to know what is hot and which firms are safety. involved. Both plaintiffs and defense firms 4 8ustinian g)ecem&er 1994 https://brooklynworks.brooklaw.edu/justinian/vol1994/iss3/1 4 et al.: The Justinian Of the more than 280 June 1993 Brooklyn graduates who took BAR/BRI for the 1993 New York Bar Exam PASSED BAR/BRI 'The password at Brooklyn Law School' Published8ustinian by BrooklynWorks, q)ecem&er 1994 1994 5 5 The Justinian, Vol. 1994 [1994], Iss. 3, Art. 1 "Right" On By Todd Bank It is indeed tempting to gloat about the and Bill Clinton's class warfare against the rich, revolutionary elections. However, to do so would who can never pay enough taxes, will seem like be tantamount to laughing ata crowd of Bolsheviks ancient history Thomas Grasso, who strangled a after the Gorbachev coup in 1991 . I will thus resist senior citizen in Oklahoma and then another in my desire to poke fun at those who saw their New York, and who Mario Cuomo thought should ideology so unquestionably rejected across this be financed with our money, will be sent back to soon-to-be-again great nation. Die-hard liberals, Oklahoma to be executed. In New York, murderers whose ideology is really a religion because their will also face the only proper punishment. beliefs are based on faith, not fact, will of course, Parole is in danger. The very concept of not change, let alone just learn. This election is a parole is nonsensical. After all, one is punished for great American event, a tidal wave of common an act he committed, not just for being a "bad" sense from coast to coast. person. Therefore, just as we don'tadd prison time It is a victory for those with their hands at solely because a convict is generally "bad" (as computers arid shovels over those with their hands opposed to those oonvicted of specific past acts), just out. It is a victory for those who recognize that nor should we lessen one's prison sentence just this country was founded upon Judeo-Christian because he is general!y "good" while in prison. values over Greenwich Village Secularism. It is a We will see the revival of the Strategic victory for the law-abiding over the lawless. And Defense Initiative program. It's amazing that lib­ most of all, it is a victory over government for the erals claim to oppose it on grounds that it cannot be individual who wants to earn a few bucks without done. Since when did practical considerations stop being chastised and who wants to walk the streets them before? It surely didn't stop them from without being mugged. turning our junior high schools into giant condom There is so much to look forward to, and dispensers, another liberal pet project that works such great things to hope for. There is, perhaps, the - on paper only. And for every great technology end of taxpayers funding rutists whose work no one we have today there are those who said it could wants to buy (i.e. the National Endowment for the never be done. How un-American. How anti­ Arts), and who ought to do what the rest of us with American. True, there is no Soviet Union, but there hobbies must do: getajob. lam dismayed by those are the Arab countries like Iran and Iraq, North so strong in their defense of this program. How can Korea, more and more countries acquiring nuclear it be that, suddenly, after nearly 200 years of weapons every year, and most of all, a future with existence, taxpayer funded art became a vital na­ no guarantees. If you really think the collapse of tional interest? (Like many other wasteful programs, the Soviet Union (I would use the tenn "Evil this too began in the glorious 60s). Those who are Empire" but how dare I imply that American cul­ so concerned with art ought to start a charity ture is better!) meant all is sweet and dandy, you are instead of calling their opponents insensitive. naive. And if two world wars did not teach us that There will be common-sense health care history has a tendency to repeat itself, I don't know reform, not a wholesale reorganization of a system what will.
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