Senator Mee Moua

The OPINION William Mitchell College of Law Student Newspaper

ized that she was spending more time something that accompanied most protesting and less time studying public sector positions. Moua found a Senator chemistry. As a member of Students good fit with the firm of Leonard, On Financial Aid (SOFA) and the Asian Street and Deinard working with American Students, she became minority owned businesses and as a Mee Moua: involved with campus issues such as lobbyist. the contract negotiations between the Now as a state legislator, she finds Working in university and the food service union. herself sitting on the other side of the She joined the picket line, with the table. “As a lobbyist, I always made it union, when talks broke down. She my aim to give good information.” the System also participated in protests against She looks for lobbyists who have By Sara Dady the Gulf War. “I was the usual college integrity and who are realistic. “I student activist…I sponged up multi- always ask them what the political Senator Moua cuts a bustling figure culturalism and acquired a whole new consequences of voting a certain way as she juggles bags, papers and a vocabulary. I was being challenged to will be. If they are honest and say, jangling key ring. When asked how identify myself as an Asian ‘this vote wouldn’t be popular with the re-election campaign is going, she American.” your constituents’” she is more smiles, sighs, and says, “I’m still tired “Because of these experiences, I inclined to take the information as from the last election!” Not a surpris- Senator Mee Moua realized that I would be useless as a trustworthy. “I always take informa- ing answer from this energetic doctor. I was looking to be an advo- tion under consideration. It doesn’t woman, considering that her last helped fight against communism. cate.” She quickly decided on law mean that I will vote the way they campaign ended less than nine “That promise really resonated with school and felt that a dual degree want me to, though.” months ago. the Hmong people.” says Moua, program at the University of Texas Moua jumped right into the political Moua was elected to the District 67 “We’ve always been pretty was the best way to go. She began process within days of her election. Senate seat, covering east St. Paul, in political…always had to agitate for working on a Master’s degree in Public She authored the Marriage a special election. A special election political recognition.” The United Policy and planned on obtaining her Solemnization bill, which would was called when former State Senator States was seen as a country where juris doctorate in Texas. However, legally recognize traditional Hmong Randy Kelly vacated in order to the Hmong would finally be a part of “the first year into Public Policy marriages. Minnesota law specifies assume his new office as mayor of the the process. In this sense, Moua’s school I got homesick, so I applied to who may solemnize a marriage so that City of Saint Paul. Moua made head- victory was not just a personal one, the University of Minnesota [School of it is legally recognized by the state. lines last winter, not just for winning but also a victory for the entire Law] instead of the dual degree in Typically, only ministers of churches the special election, but also making Hmong community. Texas.” She finished her Master’s in recognized by the state and judges history as the first Hmong woman to Moua’s road to the State Senate, in Public Policy. She studied Hmong may legally solemnize Minnesota hold an elected office. her own words, was a meandering youth gangs in St. Paul. While doing marriages. Moua’s bill would allow Moua’s family came to the United one. When her family settled in so, she met several women working traditional Hmong wedding cere- States in the 1970s as refugees from Appleton, Wisconsin, racial tension for Minnesota Lawyers for Human monies performed by Mej Koob Laos. It is readily apparent that Moua surfaced. She is quick to point out Rights (now Minnesota Advocates for (pronounced ‘May Kong’), traditional derives a great deal of her political there were many kind people in Human Rights). They further inspired Hmong officiates, to be legally recog- energy from her cultural heritage. Appleton who lent her positive her to pursue a law degree. “People nized. She describes a people who have support. However, “We were also spit listened to them!” The current statute provides excep- always sought political identity. “My on, flipped off, and our house was While attending the U’s School of tions for Quakers, Baha’i and grandfather and people were driven egged.” These experiences Law, she found that being “older American Indian marriages conducted out of China because they refused to contributed to her desire to help her when going to law school…being a by their traditional officiate. “The submit to the Chinese government. community. When she was accepted little more mature helped to divert Department of Revenue was concerned We’ve always been marginalized as to Brown University, she planned to the stress.” Although she initially because Hmong couples that had been primitive mountain people.” She major in biology and then go to intended to work in the public sector, married by Mej Koob were not legally states that the Hmong were promised medical school. She switched to a major in public policy when she real- she found that she disliked litigation, a seat at the American table if they continued on page 6

hands tied behind their back, and materialize any time soon — to apply Law School: then dropped in the water, the point to law school. In This Issue being to somehow make it to shore). Sort of makes us all out to be capri- Senator Mee Moua: The Place to Be? I mean, law school is challenging cious and money-grubbing, if you ask - The dramatic increase in law school and even fun, but I raised an eyebrow me. So I started to ask questions. Working in the System ...... 1 applications this year looked at from when I began reading reports in the Fortunately, the admission directors Law School: The Place to Be? . . . 1 the Twin Cities’ perspective. national media that law school appli- of the area law schools were kind The Middle East Conflict: cations were up and the reasons were enough to give me their opinions on A View From The Left ...... 3 By Mary Kilgus the economy, which I can believe, the subject of increased law school “Intellectual Property” and I don’t know about you all, but my and the fact that law school is “easier applications. the Information Economy ...... 5 law school application process was no to get into” than other graduate Cari Haaland, Assistant Director of Is the Glass Ceiling Shattered? . . 7 picnic. “Studying” for the LSAT, schools. Specifically medical school, Admissions at St Thomas Law School, agonizing over my personal state- which requires prior thought as to says the economy has something to Columns ment, divulging practically every one’s future school plans—you have do with the 20% increase in law Editor’s Corner ...... 3 shred of personal information and to have a science or pre-med under- school applications this year. Law School Stories… ...... 4 thought process to complete graduate degree. This implied that However, the reason there’s an people who apply to law school do increase at St Thomas has more to do Check Your Pocket Protector strangers, only to wait for a seeming At The Door ...... 4 eternity for the answer to what I not plan to do so until they are with St. Thomas’ mission/ethics/faith The Power Of Breakfast...... 6 would do with my life for the next already graduated from college. based program than with messy three or four years. I’m not even I saw this idea repeated three or things like the inability to find a job What Have You Done going to talk about the experience of four times in various articles. above minimum wage upon gradua- For Me Lately? ...... 6 first year, which I like to analogize as Supposedly, because law school does- tion from college. Fun Things to Ponder… ...... 6 n’t require a particular undergraduate Collins Byrd, Director of Admissions something like a mental Navy SEAL A Frivolous Trend… ...... 8 boot camp (I saw those guys one degree, people can decide on a whim at the U Law School, said the inabil- — say, the day they realize their ity of recent college graduates to find Corporations Owe People time; suspended over the ocean from the Truth About Their Products . . 8 a helicopter by one foot with their dreams of instant riches upon their a job certainly has something to do college graduation weren’t going to continued on page 9 Career Column Sept. 2002. . . . . 11 on the web at www.wmitchell.edu/current/nonacademic/student_orgs/opinion.html Volume 2, September 2002 Goldn Treasures 805 GRAND AVENUE 227-2711 Q. Is walking a city block worth $35? A. It is if we Give You the $35! We would like you to experience our store! Come in with this ad and receive a voucher* towards JEWELRY PURCHASE, REPAIR OR APPRAISAL. *Limit one per person

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borders) spells disaster for the very including in Europe, at the United on the whole people of Palestine. The Middle East survival of the other legitimate Nations, and among Arab states. This shift in Israeli attitudes has claimant to the land—Palestine. True, all Arab countries will eventu- allowed the Israeli prime minister to Conflict: Combine that with the Israeli public’s ally come to accept the sovereignty pursue Palestinian “terrorists” in a emerging consensus that there is no of Israel over the 78% of the former particularly brutish manner. Mr. A View From The Left peace partner among the Palestinians, British Mandate of Palestine. The Sharon’s “incursions” have subjected By Alexander Dgebuadze and you have a recipe for an endless question is, will Israel recognize Palestinian controlled territories to grinding conflict that poses mortal Palestine’s right to exist on the collective punishment and humilia- In a recent interview with CNN’s danger to those without F-16s and remaining 22%? Without it, I cannot tion, which in its cruelty and breadth Paula Zahn, former Israeli Prime the backing of the world’s most see how Israel may ever gain its own rivals only South Africa’s apartheid of Minister Ehud Barak offered the powerful nation. recognition among its Arab neigh- the not-so-distant past. Some following observation: Israel expects the Arab world to bors. 600,000 people are under round-the- I believe that it should be made recognize its existence. Except for Paradoxically, Israelis have clock military curfew. Palestine’s clear…that it’s not enough [for Arab the United States, however, it is conceded the Palestinians’ cause by entire civil infrastructure has been countries] to recognize Israel. The facing a near universal isolation, placing blame for suicide bombings continued on page 10 need is to recognize Israel as a Jewish State. We are not supposed to be just a…democracy, the only one in the Middle East that will turn gradually into…another country of state with Muslim majority and Jewish minority. We established a Zionist project in order to establish a Jewish state. It’s our homeland, and we expect the Arab world to recognize it. This vision appears to resonate with the majority of Israelis and their sympathizers in the U.S. I am deeply troubled by it. If carried to its logical end, there may not be non-Jewish individuals left in Israel. It would become a first post-modern racist state. Mr. Sharon is a steadfast proponent and crusader for this vision. The “butcher of Beirut” , as many Arabs know him, has done all within his power to derail the peace process. If anything, Israel is now less secure than when Mr. Sharon visited Temple Mount, provoking a violent Palestinian uprising that has already consumed thousands of lives. The fact that Israel’s concept of “homeland” has never been fully defined (to this day, Israel does not have internationally recognized Page 4 The Opinion • September 2002

player drafted nine people, to create had a lot of exposure to patent law Law School a 3 x 3 card of zealots, but no zealot Check Your while performing patent searches and could be on more than one card. writing records of inventions. On the Stories…. Strategy was everything! Pocket other hand, before law school, the Then it was just the basic rules of only exposure I had to other areas of By Chris Krankemann BINGO. Once three zealots in a row Protector At IP law was reading newspaper Regent University Law School spoke out in class, the player had to accounts of Lars Ulrich of Metallica Date of Event: Fall 1998 raise his/her hand in class and make The Door suing Napster for copyright infringe- some sort of comment regarding the ment. Every law school, I bet, has its By Erik Drange, SIPLA President-Elect zealots for Constitutional Law. You class. But to win, the player has to SIPLA gave me a much better know, the ones who live to talk about incorporate the word “Bingo” in his When I meet students for the first understanding of the technology and it and never shut up in class. The comment to the class. time, they often ask me what I do for opportunities available in IP law, ones who think they are smarter By the end of the semester, almost a living. Before I can finish the word including copyrights, trademarks, than the nine justices on the the entire class was entering into ‘engineer’, they quickly respond, “Ah, computer and entertainment law. I Supreme Court. their own bingo groups and playing patent law, huh?” I say yes, feeling also discovered that the world of IP Well, I was not one of those people, CON LAW BINGO. somewhat transparent. To be honest, law was not only engineers and nor were my close friends in law However, eventually, the professor yes, I will likely go into patent law. scientists running around with school. So, for my small group of became suspicious since the word However, largely because I was pocket protectors but was also popu- friends to escape the misery of Con “BINGO” was mysteriously being involved in the William Mitchell lated with great diversity. With Law, we decided to create a new form worked into the discussion two or Student Intellectual Property Law backgrounds as different as history of entertainment called Con Law three times in every class. He eventu- Association (SIPLA) during my first and biochemistry, SIPLA members Bingo. Perhaps someone else thought ally discovered our little game and year at William Mitchell, I have always bring unique and valuable of this first, but we had never heard scolded us for not taking become extremely interested in the perspectives to our meetings and of it. Constitutional Law seriously enough. many other areas of intellectual prop- discussions. Every day before class, we held a erty (IP) law. For anyone interested in any aspect - lawhaha.com encourages any readers with of IP law, I recommend attending draft in order to pick students their own funny law school stories to send them Like many other students here, I (zealots) who surely were likely to in to lawhaha.com. The person who submits the have the “luxury” of working during some SIPLA meetings. We usually open their mouths during class. Every best story each month wins a groovy, psyche- the day and attending class at night. meet about once a month and hold delic lawhaha.com teeshirt. While working as an engineer, I have continued on page 6 GRAND ILLUMINATIONS

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management and strategic deploy- maintain a consistent and reliable In light of these developments, it “Intellectual ment of information drive our body of law to allocate legal claims in may be surprising that “IP” was not a economy. Certainly, raw material information. As Professor Moy has term in common use until quite Property” and resources are still important, as are pointed out, legal recognition and recently (about 20 years ago). Before heavy industry and other “old econ- protection of rights in information that, we had patents, trademarks, the Information omy” mainstays. But few would assets depends upon processing those and copyrights, none of which were dispute that information is fast assets through the IP system. Thus, really considered “property” in the Economy becoming the most important asset as information expands and becomes sense that lawyers use that word. in our economy. Consider, for exam- more valuable, the IP system must (Whether one ought to view IP as By Prof. Niels Schaumann ple, General Motors and Microsoft. expand. As a result, there are many property is an issue on which there is The former epitomizes American more attorneys employed in IP today considerable disagreement.) manufacturing, and is a colossus than there were twenty, ten, or even Regardless, as information became a worth about $24 billion dollars five years ago. In addition, IP critical asset, “property talk” became (market capitalization). The latter, a disputes, formerly considered arcane more common, and it was not long relative newcomer, epitomizes and rather marginal, are now front- before patents, trademarks and copy- American information technology, page news. This is unlikely to change rights were brought together under and has a market capitalization of until the next major shift in the the umbrella of IP. about $268 billion. economy. It is no coincidence that in While we are probably stuck with That is not a misprint; in today’s the last term, the Supreme Court the term “IP”, we should be careful market, Microsoft is worth more than decided patent cases and granted cert not to confuse the branches of the IP

PHOTO COURTESY OF WMCL PUBLIC RELATIONS COURTESY PHOTO 10 times what GM is worth. on crucial copyright and trademark tree. Indeed, patents, trademarks As information becomes the critical cases, when in past years, even one and copyrights have relatively little It is difficult, these days, to open a asset of American business, it patent, trademark or copyright deci- in common. Patents and copyrights law journal without immediately becomes increasingly important to sion from the court was a rarity. continued on page 9 encountering the topic of intellectual property (“IP”). Even the mass media seem fascinated by the topic, running endless stories about lawsuits existing and threatened, all over IP. In its heyday, Napster was a cover story in both Newsweek and Time magazines. Why the sudden interest in IP? As with most overnight sensations, this one really began years ago, just after World War II, when information began to develop into one of the most important assets of American business and the American economy. The shift accelerated during the 1960s and 1970s and today the Page 6 The Opinion • September 2002

Senator Mee Moua: sion programs.” She spoke specifi- Working in the system cally about Hmong youth gangs when The Power Of Breakfast asked about reports that gang activ- continued from page 1 (NAPSA)-Here's food for thought: students who rarely ate in the morn- ity is on the rise this year. “There Studies show eating breakfast not ing. This study, and others, suggests married but were filing their taxes are fewer [Hmong] gang members only gives you energy to get through that eating breakfast improves jointly.” Moua was surprised to find now…less then 100 who are actively the day, it helps you maintain the memory, attention span and physical that the bill was highly controversial criminal. Most members are on the right body weight, improve perform- performance. within the Hmong community. “It fringe, just wanting to belong to a ance and can even fight off illness. Eating Breakfast Keeps The was like walking into a landmine!” group.” Moua sees the root of Pick The Right Breakfast For You Doctor Away Constituents who are against the bill Hmong youth gangs as a cultural Breakfast foods that contain Breakfast also strengthens your have accused Moua of attempting to conflict between traditional parents protein and a little fat, in addition to immune system. People who eat mandate Hmong culture. “ I just and their children. complex carbohydrates and sugars, breakfast may be better equipped to want those who decide to have a In the Hmong lifecycle, there is no stay with you longer and give you fight off colds and flu, according to traditional Hmong ceremony to have such thing as adolescence or single the energy you need. An egg on research at the School of Psychology it be legal without having to go hood. Children are children, marry toast, whole-grain cereal with low-fat at Cardiff University in England. through another ceremony as well.” young and become adults. Hmong milk, even a fruity breakfast shake Breakfast And Beyond When Moua and her husband were parents have no frame of reference made with low-fat milk is good After eating a healthy breakfast, married, they had a traditional for adolescence. It becomes an choices. No time for breakfast? Many it's wise to eat a well-balanced lunch Hmong ceremony and then a second explosive situation when children go on-the-go people turn to new Uncle and dinner, plus two or three snacks. legal ceremony performed by a judge. through typical adolescent moodiness Ben's Breakfast Bowls. They're hot, Most people need to eat every three Now that Moua has moved from while being treated like an adult.” nourishing meals ready in just four to four hours to avoid overeating due interpreting the law to writing the Moua said. “[Hmong] parents want minutes in the microwave. This new to hunger. law, she has a two-word mantra to me to talk to their kids about being breakfast fare comes in eight tasty Keeping these tips in mind can guide her. “Unintended conse- good and obedient so that they can varieties. help keep you well fueled for the day quences. I rely on our wonderful be elected senator someday. I talk to Breakfast To Shed The Pounds and ready to tackle whatever comes Senate Counsel staff who know the kids about making a commitment to Eating a healthy breakfast could be your way. [statute] sections inside and their hopes and dreams and that key to shedding the pounds, a new Eating a good breakfast can help out…where does this [legislation] fit commitment will give them direction. study shows. The U.S. National you have a better day and perhaps a in the universe of policy?” Moua Moua hopes to be re-elected this Weight Control Registry-an ongoing longer life. noted that legislators are constantly fall so that she can spend more time study of 3,000 individuals-showed “tweaking” existing laws and rarely working on her priorities: education, that of those who have successfully get to write landmark legislation. housing, safety and economic devel- maintained weight loss, nearly 80 Mee Moua sits on six Senate opment. percent eat breakfast every day as committees, including both Crime part of their routine to stay slim. Prevention and Education. She sees To contact Senator Mee Moua: Kids Need A Breakfast Boost some issues intersecting between 323 Capitol Children especially need a nutri- these two committees, particularly 75 Constitution Ave tional boost every morning to get the when youthful criminal offenders are learning process going. A study involved. “The harder we come down St Paul MN 55155-1606 conducted by the Minnesota on them [juvenile offenders], the (651) 296-5285 Department of Children, Families and more it will solidify that we are the Learning found that children who ate enemy. I am a proponent of diver- breakfast scored higher on tests than

Soon after the CLLSA event, the Shouldn’t you be involved in them? Check Your Pocket What Have We American Indian Law Student We have already started planning Protector At The Door Association (AILSA) sponsored a chat events for this school year. We have continued from page 4 Done For You entitled Sovereignty and Law in plans to celebrate National Hispanic Indian Country. The program started Heritage month (September 15- various other events. SIPLA plans a Lately? with traditional flute music and a October 15), to host the Lower Sioux few roundtable events each year prayer by a Lakota nation elder. Court of Appeals, and to celebrate focusing on “hot” topics in the IP By Alfredo Lorente, for the arena. Last year we had lectures on Multicultural Affairs Office Community members discussed the many other diversity events. interaction between federal, state Ultimately, however, we need your Licensing and Technology Transfer, Last month, we asked you if you and tribal courts. As before, this input. Trademark Law and Domain Name needed us. This month we’ll tell you program also provided CLE and PLP Last month we closed the column Disputes. Students can get directly some of the things we have done for credits. by asking you to drop by. This involved with the roundtables by you lately. The William Mitchell College of Law month is no different. Come and volunteering to be committee chairs. In February of this year, we helped Republicans sponsored our last major visit us, tell us what is on your mind, We will also be doing three or four the Black Law Student Association event. On April 17, former Minnesota and let us see if we can help you. tours of local IP boutique firms and (BLSA) organize a wildly successful Governor Arne Carlson visited the After all, that’s what we’re here for. general practice firms with IP depart- event. Their seminar, “Perspectives on school. Mr. Carlson spoke about the ments. This is a great way to learn Race Bias in the Judicial System and effects of September 11 on citizen- what life as an IP attorney in the Race Date Collection”, was held ship to a small audience of interested Twin Cities is all about. Finally, during Black History Month and students. SIPLA is offering two moot court brought together attorneys, judges, This is a very brief overview of Fun Things to Ponder…. competition opportunities this year. The Giles Rich and Saul Lefkowitz police officers, and the media to programs we helped students organ- If you purchased $1,000.00 worth discuss a current and important topic ize just this past semester. There are competitions are open for students of Nortel™ stock one year ago, in criminal law. The colloquium drew many other activities we coordinate, interested in IP law. You’d have $49.00 today. more than 150 people and provided from Diversity Week to middle school Continuing Legal Education (CLE), visits, exam workshops to summer If you purchased the same Upcoming SIPLA meetings are on Continuing Judicial Education, programs, and minority bar summits amount worth of Enron™ stock October 9 and November 6 in Room Elimination of Bias Education, Ethics, to community leader meetings, one year ago, 223. If you are interesting in joining and Perspectives on the Legal among others. But ultimately, what You’d have $16.50 today. SIPLA or have any other questions, Profession (PLP) credit. makes our events successful is your If you purchased the same please do not hesitate to contact any In March, we helped the Chicano involvement. If you are interested in amount worth of WorldCom™ stock, of the 2002-2003 SIPLA officers: Latino Law Student Association bringing a speaker to campus, You’d have $5.00 today. Gretchen Randall, President, (CLLSA) arrange their own successful discussing a current legal topic, or If you purchased $1,000.00 of [email protected] program. CLLSA brought Karen even helping one of the many Budweiser (the beer, not the stock) Ellingson, from the Immigration Law student organizations on campus, in cans one year ago, drank it all, Erik Drange, President-Elect, Center of Minnesota, and showed No you are guaranteeing the success of and turned in the cans for the [email protected] Second Chance, a brief but powerful our events. going rate for aluminum video about three young men facing Your involvement is key. This point recycling per pound, Katherine Kelly, Treasurer, deportation. Each of these individuals is simply impossible to ignore. All of [email protected] has resided in the U.S. from as early our student-sponsored events are You’d have $214.00. as age 5, and each one faces an driven by (surprise!) students. We Chris Sullivan, Secretary, It seems current investment advice uncertain future in a land that is as assist, guide, collaborate, coordinate, [email protected] foreign to them as it is to us. Like make recommendations, and imple- should be: the BLSA event, this program also ment solutions, but at the end of the provided CLE and PLP credits. day, these events are your events. Drink Heavily and Recycle The Opinion • September 2002 Page 7

Women in Minnesota Law, By the Numbers Is the Glass Ceiling Shattering? Below we rank the top 50 law firms in Minnesota (some did not respond to - a new Law and Politics survey The survey is part of a special our survey) according to the percentage of women lawyers working for the shows the strides of female lawyers section in the August/September firm. Because firm numbers are ever-changing, this is a snapshot of Minnesota are making in Minnesota. issue of Law & Politics relating to women in the law as seen at the beginning of the year 2002. About one- women in law. The section charts fourth (25.73 percent) of the average Minnesota law firm’s work force is Two years into the new millennium, firsts for women in the national and female. women are finally beginning to make local legal scene, and records the We have printed in our Web magazine a list for each firm of all women in inroads into the hallowed halls of the historical memory of some Minnesota positions of leadership: go to www.lawandpolitics.com. Minnesota legal world. pioneers. It also includes profiles of Firm Firm Name % of L&P list of Survey results that will appear in the two female county attorneys of Rank Women top 50 firms the August-September issue of the Twin Cities, publishes Super Attys (by number Minnesota Law & Politics reveal that Lawyer Linda Holstein’s essay on why 2002 of attorneys) on average about one-fourth (25.73 women make better lawyers than percent) of the attorneys in this men, looks in on the first all woman, 1Halleland Lewis 53.33% 20 state’s top 50 law firms are women. all African American law firm in 2 Flynn Gaskins 43.48% 29 Of firms surveyed, Halleland, Lewis, Minnesota, and several other pieces. 3 Dorsey Whitney 39.13% 1 Nilan, Sipkins & Johnson has the 4 Cousineau Mcguire 37.93% 38 largest percentage of women attor- 5Kinney & Lange 37.03% 29 neys in its firm, more than half 6Rider Bennett 34.64% 6 (53.33 percent). 7Faegre Benson 33.54% 2 8Meagher & Gear 32.43% 16 The top five law firms in terms of the 9Fredrikson & Byron 32.30% 5 10 Jardine Logan 30.77% 41 highest percentage of women attorneys are: 11 Henson & Efron 30.43% 45 Firm Name % of L&P list of 12 Leonard, Street 30.23% 3 Women top 50 firms 13 Maslon, Edelman 29.58% 13 Attys (by number 14 Murnane Conlin 29.17% 42 of attorneys) 15 Lockridge, Grindal 29.03% 25 1. Halleland, Lewis, Nilan, 16 Best & Flanagan 28.57% 19 Sipkins & Johnson 53.33 % 20 17 Oppenheimer Wolff 28.24% 10 2. Flynn & Gaskins 43.48 % 29 (tie) 18 Kennedy & Graven 28.00% 35 3. Dorsey & Whitney 39.13 % 1 19 Robins Kaplan 27.94% 9 4. Cousineau, McGuire 20 Briggs & Morgan 27.61% 4 & Anderson 37.93 % 38 21 Parsinen Kaplan 27.59% 33 5. Kinney & Lange 37.03 % 29 (tie) 23 Hinshaw Culbertson 26.21% 48 24 Bassford Lockhart 25.81% 22 25 Johnson & Condon 25.00% 35 The five law firms with the lowest 26 Barna, Guzy 25.00% 29 percentage of women attorneys are: 27 Fish & Richardson 24.13% 29 28 Quinlivan & Hughes 24.00% 38 Firm Name % of L&P list of 29 Gray Plant Mooty 23.31% 8 Women top 50 firms 30 Felhaber Larson 22.64% 18 Attys (by number 31 Dunlap & Seeger 21.74% 42 of attorneys) 32 Winthrop Weinstine 21.62% 12 1. Arthur, Chapman, Kettering, 33 Schwegman 20.63% 17 Smetak & Pikala 12.12 % 25 34 Lindquist & Vennum 19.48% 7 2. Fabyanske, Westra & Hart 12.90 % 22 35 Messerli & Kramer 19.44% 22 3. Gislason & Hunter 13.16 % 21 36 Lommen Nelson 18.92% 25 4. Leonard, O’Brien, Wilford, 37 Merchant & Gould 18.10% 11 Spencer & Gale 13.64 % 47 38 Larkin Hoffman 18.06% 14 5. Mackall, Crounse & Moore 14.29 % 48 39 Fryberger Buchanan 17.39% 42 40 Bowman & Brooke 16.67% 33 41 Foley & Mansfield 16.13% 50 42 Schwebel Goetz 15.79% 50 43 Zelle Hofmann 15.38% 35 44 Krass Monroe 15.00% 48 45 Mackall Crounse 14.29% 38 46 Leonard O’Brien 13.64% 47 47 Gislason & Hunter 13.16% 21 48 Fabyanske Westra 12.90% 22 49 Arthur Chapman 12.12% 25 Tired of trying to find Bulletin Board Space?

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Contact [email protected] for more info Page 8 The Opinion • September 2002 The Opinion’s Opinion Page A Frivolous Trend… Corporations Owe People the By Chad Collins eating too much can be bad for you. Truth About Their Products We all also should understand that “They said 100 percent beef. I By Sara Dady that results in harm to him/herself, burgers and fries are not staples of a thought that meant it was good for people shrug and say, “Well, that was healthy diet. Allowing redress to Once upon a time, a scorpion you…I thought the food was O.K.” stupid! Don’t people know by know individuals who do not understand approached a turtle and asked for a This was the statement made by 56- that corporations do not have the these points, nor heed the advice of ride across the river. The turtle said, year-old Caesar Barber as justification best interests of consumers in mind? numerous health authorities, will not “Why would I give you a ride? You for a lawsuit against McDonalds in They are just out to make a buck. solve anything. are a scorpion and would sting me.” the Bronx Supreme Court. The suit People need to be responsible for We need to be responsible for our The scorpion replied, “Why would I also names Burger King, Wendy’s and themselves.” This cynical attitude is own choices. Having said that, I am sting you? If I do, we both would Kentucky Fried Chicken. a byproduct of American Capitalism, not against corporate responsibility. drown in the river. It isn’t logical.” If ever there was a frivolous as we know it. That does not make it Corporations should have a duty to So, the turtle allowed the scorpion to lawsuit, this fits the bill! right or even acceptable. In the wake their consumers as well as to their climb aboard his back. Halfway across Apparently, Barber, with the help of corporate financial scandals, it is stockholders to make their product the river, the scorpion stung the of precedent from the ever-disturbing time to start holding corporations safe. Serving burgers and fries with turtle. “Why did you do that? Now tobacco lawsuits, is trying to hold accountable not just for their book- high fat content is not dangerous we will both die!” screamed the turtle. others responsible for the poor keeping, but also for their products. unless that is all you ever eat, “You knew what I was when you choices he made to continually eat Mr. Caesar Barber is suing however. Too much of almost picked me up. It is my nature,” fast food. These choices have left McDonalds and several other well- anything is bad for your health. replied the scorpion. Barber overweight and unhealthy. known fast food chains. He claims Moderation is the key to a healthy In spite of the absurdity of the that he didn’t know that eating their diet combined with reasonable nutri- Corporate America would have us suit, Barber finds support in the form food on a daily basis since the 1950s tious selections. believe that it is what it is. of George Washington University Law would cause him to become obese In spite of the precedent set by the Consumers are responsible for being School professor John Banzhaf. You and suffer related health problems. tobacco lawsuits, this case suffers wary of its products. Why do might recognize this name from the Mr. Barber had two heart attacks in from a serious lack of causation. Americans readily forgive corpora- tobacco lawsuits, as he was one of the last decade, has diabetes, high Many distinguishing factors set fast tions for trying to make a profit? the ‘masterminds’ behind that litiga- cholesterol and high blood pres- continued on page 9 Every time a consumer uses a product tion. Banzhaf will serve as an sure—all conditions that do not run advisor in this case in an effort to in his family history. This lawsuit again shift the blame and provide surfaces in the wake of national society another way to avoid taking reports that obesity is a growing responsibility for their actions. Is it problem in the United States. Over not time that we all decide to accept 61% of American adults and 13% of responsibility for our own decisions? American children are overweight or The tobacco lawsuits accomplished obese. The Centers for Disease the same thing as it allowed people Control and Prevention (CDC) reports to blame others for their refusal to that obesity is second only to heed warnings from doctors and tobacco in contributing to health risk other health officials. For years, we factors and causes over 300,000 have been told that smoking is bad deaths per year. for you, so why should you be Big Tobacco has already been held allowed to sue after you ignore this accountable for manufacturing an advice and smoke anyhow? unhealthy product and their ques- Fast food now faces the same tionable means of marketing it. In a dilemma. Everyone understands that concept fully alien to American continued on page 9 The Opinion • September 2002 Page 9

Corporations Owe People… A Frivolous Trend… continued from page 8 continued from page 8 Capitalism, tobacco companies actu- food apart from tobacco. ally have to pay for advertising that McDonalds market to kids as did tells consumers not to use their prod- tobacco, but hamburgers (at least for ucts. Likewise, fast food restaurants now) are legal. Smoking for kids should tell their consumers what will under 18 has been illegal for some happen if they fail to exercise while time now. eating the restaurants’ high caloric The plaintiff against tobacco had and high fat food on a regular basis. concrete research that linked numer- Fortunately, our judicial system is ous health problems to smoking and not founded on Social Darwinism. If this was a critical factor in the judg- it were, then maybe a defense of “if a ments. The plaintiff against Ronald customer believed our advertising McDonald will find so such data. In that our food is good and should be fact, Gary Taubes wrote an article in eaten often, then he is stupid and Science Magazine that stated, “It’s should have known because everyone not at all clear that their knows our nature” might fly. If [American’s] tours through food someone lacks knowledge that a courts and snack aisles are nearly as certain product may be harmful, has toxic as claimed.” not been adequately warned by the The bottom line is that the lack of manufacturer and suffers harm, why evidence linking fast food directly to shouldn’t the manufacturer have to obesity is a major hurdle for any pay? Isn’t the manufacturer in a plaintiff. It is important to consider better position to know the harmful other explanations for our expanding nature of their product? Shouldn’t waistlines. The average person used the cost of medical bills and/or to do manual labor as a trade and death fall squarely on the manufac- this provided regular exercise for turer? people. Now the average person sits In this case, McDonalds specifically at a desk all day and the lack of invites the public to visit its restau- activity alone could be the major rants every day. It spends hundreds reason for America’s battle with of millions of dollars in advertising obesity. campaigns to reach children any way In addition to the lack of evidence, it can. McDonalds asked commuters the courts should finally feel a back- to stop by its restaurants every lash in society and start to hold each morning for a cup of steaming hot of us responsible for our own choices. coffee and a saturated fat-filled Egg Allowing the blame to be placed on Law School: The Place to Be? that law school can lead you to a McMuffin before heading to work. someone else who only happens to Mr. Barber took them up on their continued from page 1 fulfilling career and a decent salary. be legally giving us what we want So, when the economy weakens, law offer. He ate fast food nearly every with the increase, as well as other job will no longer be tolerated. I think school applications increase. We saw day for fifty years. He has been left market pressures such as job loss. In the courts will send this one packing this happen in 1990-91 and we are with a stack of medical bills and 2000, the U had 1800 applications; in with “Frivolous” stamped on the seeing it again.” destroyed health to show for it. 2001, they had 1926 and this year front page! Dean Brooks thinks that technol- Would he have made different 2244. Byrd attributes the increase to ogy also plays a part. The ability to choices had these restaurants a few things, one being the increase apply online, for example, has made disclosed the nutritionally suspect in marketing efforts by law schools. it easier for people to apply. William content of their food? It is impossi- Watch The Docket for the first Of course, the job market is one of Mitchell has also done additional ble to know. However, Mr. Barber the chief reasons. Graduate school of event of the newly formed marketing “with emphasis in the does deserve the benefit of the doubt any kind can look good when the five-state region and with applicants here. American Constitution Society barren landscape of the job market is of color.” says Brooks, “We have seen How many people know the exact staring back at you. In fact, all grad- chapter at William Mitchell. an increase in applications from amount of calories and grams of fat uate school applications are up this those two groups.” in a Big Mac? 570 calories. In order year, except medical school. I asked Judge Michael Davis Michael States, Director of to work off the calories of one Big Byrd if he thought that it was true Admissions from Hamline, says Mac, a person would have to walk 10 will speak on that law school is “easier to get into”. Hamline Law School applications are kilometers. Using simple arithmetic, “Medical School does not require a up 10% this year. He agreed that if Mr. Barber ate, on average, one Big medical undergraduate degree, but it Federal Sentencing marketing and other forces had Mac a day for 50 years, he would does require a familiarity with the something to do with it, but thinks have to walk about 182,500 kilome- sciences. This is not ‘every day’ Guidelines the bottom line is the economy. ters in order to burn them off. To knowledge.” says Byrd. Law School, “Sure, Internet applications make it put that in perspective, it is the on the other hand, requires knowl- in late September easier to apply, and we have a multi- equivalent of walking the circumfer- edge of writing, reading, synthesis media kit we send out instead of just ence of the earth four and a half or early October. and thinking critically--skills taught a catalogue.” States does not think times. The average person walks the more often in American schools. any of this matters as much as the equivalent of the circumference of Date TBA But the real reason all graduate economy. the earth only twice in a lifetime. school applications are up and “ The people we see (applying) are While these restaurants would be medical school applications are down, people who intended to go to law ecstatic if every family ate their food “Intellectual Property”… says Byrd, is managed health care. school eventually. Since they can’t every day--- oh the profits! ---they continued from page 5 Whereas previously a medical school find a job, now is as good a time as have a duty to inform customers applicant could look forward to a are founded in the Constitution, the any.” exactly what the negative effects of career of autonomy, prestige and result of the Framers’ belief that So maybe the law school applica- doing so will be. Corporations should money, now they are looking at innovation and dissemination of tion process, however arduous, looks no longer say, “Buy our products! careers of medical decisions based on technology and information required a heck of a lot better than flipping We wouldn’t sell harmful products— some insurance quota, little money establishing a financial incentive to burgers these days. I think we can all it wouldn’t be logical.” Then when and no prestige. invent and author. Trademarks are see that the issues involved in harm occurs, cry, “You should have Judging from some of my based on a species of unfair competi- making the decision to go to law known better than to believe us. colleagues’ undergraduate degrees tion that takes place when a person school can be complex, and not You knew what we were. It is our (Bio-Chemistry, Kinseology), yester- trades on the name of another, for simply tossed off to “it’s easier to get nature.” day’s medical school applicant is example, by “passing off” goods as into law school-anyone can apply”. looking over to the legal world and manufactured by someone else. That’s a cheap shot—sort of a sound discovering patent law. The Opinion This diversity of origin and bite about a multi-leveled issue. William Mitchell’s applications have doctrine makes IP law a fascinating After all, applying to law school is no loves Opinions risen 14.5% this year. “ It’s harder for place to work, and one that today is picnic. You have to be a special kind graduates from undergraduate an important part of the legal main- of person to subject yourself to some- Everybody has one… colleges to get the jobs and the stream. Welcome to the new school thing like law school, and you have salary that they would like. “ says year, and I hope to see you in our IP to believe at the outset that it is Dean Brooks. “There is still a feeling Let’s Hear it! classes soon! worth it. Page 10 The Opinion • September 2002

The Middle East Conflict tence.” To Columbia University for the creation of the state of continued from page 3 professor Edward Said, it is clear that Palestine as soon as meaningful with- Voice “Sharon is bent not only on breaking drawal has begun. The world and destroyed. Of nearly 2,200 people Palestinians, but on trying to elimi- Palestine should not relax their pres- that have been killed since January nate them as a people with national sure until the occupiers are out. The Your 2001, three quarters are Palestinians, institutions.” Unless you were U.S. can play a constructive role by most of them civilians. Despite inter- guided by such a sinister goal, why discontinuing its daily transfers of national protests, Israel has begun would you order destroying an educa- approximately $10 million (most of it Opinion! demolishing Palestinian homes in tion ministry building after removing in the form of the latest military addition to banishing the bombers’ computer hard drives and other vital hardware) in American aid to Israel, families, making a mockery of the records? Is this really a terrorism- as “Dubia’s” dad once threatened to The Opinion notion of individual culpability. combating tactic? do if Israelis did not stop building Israel’s “anti-terror operations” are Is there a solution? Mr. Bush’s settlements between Jerusalem and wholly indistinguishable from terror- welcomes June 24, 2002 speech, in which he Bethlehem. ism. Only now, it is state-sponsored demanded that a Jeffersonian-style None of these actions towards terrorism guised as “self-defense”. letters to the democracy be built in occupied peace will involve an encroachment Clearly, firing a missile into an apart- Palestine before the beneficent on the Israeli sovereignty. To the ment building (sure to cause civilian Editor. Americans and Israelis will grant contrary, they will all involve return- casualties) to kill a Hamas leader is statehood to the Palestinians is a ing lands that belong to the an atrocity and a sheer act of terror- non-starter. To me, that sounded like Egyptians, the Lebanese and the Letters to the ism. Mr. Sharon, the murder of nine Mr. Sharon got a green light to finish Palestinians, as recognized by inter- innocent children, two of them his work of breaking the will of national law! Israel will merely have Editor may be infants, is not “one of the great Palestinians, while Palestinians were to retreat to its legitimate borders. successes” of your government! given no hope for the future and no As former Israeli justice minister, submitted to Suicide bombing is utterly wrong incentive to re-engage in negotia- Yossi Beilin, argues, “[t]he Israeli war and reprehensible. So is state spon- tions. The upshot of this “solution” is against terrorist infrastructure will theopinion sored terrorism, its moral equivalent. that “Bush is backing the Sharon give birth to more terrorists because Israel’s distrust of the Palestinian government, which wants an Indian the terrorist infrastructure lies within @wmitchell.edu leadership and brutal suppression of reservation type governance on the the people’s hearts.” Grabbing the Palestinian uprisings simply prove West Bank, with the Palestinians all land of others and denying them that Israel is confronting a full- subdued and submissive.” No modern justice is the root cause of the prob- fledged liberation movement freedom-loving people could be asked lem. Attempts to avoid these basic comprising an entire people. to make such sacrifices to guarantee truths will doom any peace settle- We know what the Palestinians another’s security. ment. With no peace between Israel want: a state of their own to deter- The real solution is, of course, for and Palestine in sight, a full recogni- mine their own destinies. What Israel to get out of the territories tion of Israel (by all of its Arab about the Israelis? Jimmy Carter unconditionally and without delay. neighbors) may be on hold indefi- believes Mr. Sharon’s ultimate goal is All settlements in the West Bank and nitely. “to establish Israeli settlements as Gaza need to be dismantled immedi- widely as possible throughout occu- ately. The world community, with or pied territories and to deny without U.S. assistance, must push Palestinians a cohesive political exis-

1071 Grand Avenue St. Paul, MN 55105 (651) 229-6141 The Opinion • September 2002 Page 11

Showing a desire to work for this other interviews and keep a positive CAREER COLUMN SEPTEMBER 2002 particular employer is crucial – it attitude – you will get a job. By Kari Jensen Thomas overcomes almost any resume flaw. 8. Don’t take honest to the point 3. Don’t let negative body of foolhardiness. First year students: We want you Returning students: As you know, language negate what you say. Balance being honest with being to get settled into law school before the fall OCI process is underway with You have to not only say that you savvy. we overwhelm you with career- interviews starting on Tuesday, want the job, you have to look it! If 9. Don’t be defensive or related information. Therefore, the September 17th. To prepare for OCI you can take part in videotaped apologetic. career services office will not have interviews, don’t miss the opportu- mock-interviewing at your school, by Always try to put a positive spin on any programming for first year nity to have a mock interview. Sign all means, do it. It will help you any failings, real or perceived. Smile, students until after November 1st. up for mock interviews occurs understand how you come across in respond, move on! Keep you ears and eyes open for more September 3rd – 6th in the Career an interview. 10. Don’t’ be intimidated by information about our kick-off event, Services office and is on a first come, 4. Don’t hide you light under a power. “From Here To Attorney” which is first served basis. The mock inter- bushel – talk about your strong The interviewer is human, just like scheduled for November 9, 2002. You views will be Monday, September 9th points. you. will also receive a tour of our office & Tuesday, September 10th from You’re the only one who can sell you. 11. Don’t be overwhelmed by and explanation of our services 5:30 – 7:30 pm. At the end of the Bring out everything you can that what you perceived as your during one of your WRAP classes. month, we will have an OCI Callback shows why you would make a great Achilles’ heel. Before then, you are more than Program to help you prepare for call- employee. Everyone has some obstacle they welcome to attend the Dean’s Round back interviews. This event will be 5. Don’t mistake arrogance for need to overcome, but you cannot let Table events that will begin this fall. held on Wednesday, October 25th at self-confidence. it get the best of you. During these 1-hour events, distin- 5:30 p.m. in Oppenheimer Courtroom. You have to be deferential to the 12. Don’t be late. guished alumni/ae will speak about Below is a calendar of events for the interviewer, but you still want to If you are unfamiliar with the place their experience at WMCL & how they school year which includes all of the exude an air that says you know you are going to are unsure of how to have applied their degree. Seating is important OCI dates. Please stop by yourself and what you have to offer. get there by public transportation, do limited, so sign up for each of these our office if you have any questions. (If you don’t believe in your abilities, a trial run so you know how much events in the Career Services Annex. We are excited for a successful fall how is you prospective employer time to allot. If you are unavoidable Below is a Career Services Calendar of recruitment season. going to?) detained, call the employer and tell Events for the year. 6. Don’t volunteer your faults. them. Interviews are generally pretty short, 13. Don’t let your guard down in As the OCI interviewing season get 1. Don’t show up unprepared. so don’t eat up precious time taking front of young associates. underway, we thought it would be Research the organization you are about flaws. They may be closer to your age, but good to share some interviewing tips. interviewing with – check with your 7. Don’t assume that you can’t they are still evaluating you from the Here are the 14 Biggest Mistakes Law Career Services Office, read any get the job – or – don’t assume that employer’s perspective. Students Make on Interviews from brochures you can obtain, and/or if you have gotten the interview, 14. Do be nice to the receptionist Kimm Walton’s “Guerrilla For Getting hop on the Internet. Good research you have a shot at the job. and secretaries. the Legal Job of Your Dreams”. shows initiative and your interest in Even bright people with exceptional Treat everyone you meet with A mistake on an interview can working for them. work experience and personalities get respect. You never know who has outweigh even the best paper creden- 2. Don’t fail to show enthusiasm. passed over. It’s a fact of life. Take it input in the hiring process. tials. Before an interview, look at You have to let the interviewer know for what it is. Basically, don’t put all this list. that you really want the job. your hopes on one interview. Go on The First Year Survival Kit BarBri knows the first year of Guide to Success on Law law school can be a mystify- School Exams ing experience. 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