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10-1999 The L, vol. 1, no. 6, October - November 1999

Follow this and additional works at: https://digitalcommons.nyls.edu/newspapers - Vol. 1, No. 6 October/November 1999 I

The Froessel lnsid.e: News Briefs 2 Editorials 4 Sinkhole on PLA 5 Moot Court New Professor 5 Exam Tips 6 Take on the Night 6 Cuba 7 Competition Good Advice 7 CASE FOR 8 See Page 3 CASE AGAINST 9 Club News .....•...... 12 Law Abroad 13 In Concert 15 page 2 the l October/November 1999

NEWS BRIEFS Media Entertainment and Sports Law As• Floyd Shuts Down NYLS sociation (MESLA) co-sponsored the af• On September 16, for the first time fair that was originally scheduled for Sept. in many years, NYLS cancelled classes due 16, but was postponed due to weather con• to Tropical Storm Floyd. E-mail was sent ditions. to all students to notify them of the clos• ing and to explain the School's policy on closings, which follows the NYC Board of Prof. Gross Honored Education policy. Students who unknow• On Tuesday, October 5th, the Legal ingly trekked to NYLS that morning re• Aid Society of New York presented Prof. ceived complimentary coffee and donuts. Karen Gross with a 1999 Pro Bono Award, Hurricane Floyd downgraded to for providing exceptional work in the field Tropical Storm Floyd before reaching the of bankruptcy for low income and disen• NYC on Sept. 16. Damage was re• franchised New Yorkers. During her sab• ported all along the eastern seaboard. batical, Prof. Gross volunteered with the Society's Consumer Litigation and Bank• Back to School Bash at ruptcy Unit. She created and supervised a law student internship program at Legal Tavern a Hit Aid, in which NYLS students participate. Over 300 NYLS Students Packed The Hon. Judith S. Kaye, chief judge into ·the Tribeca Tavern for the Annual of the NYS Court of Appeals, hosted the 8 -' "Back to School Bash" on Sept. 23. The ceremony held at The Legal Aid Society's i'.t Student Bar Association (SBA) and the z Headquarters in lower . ~ 0 ~ ~ a: ::) 0 II it matters to NYLS, it's in the l. o SBA Day Vice President Dawn Falco and Media Entertainment and Sports Law Assoc. President Elliot Resnik at the Back to School Bash at Tribeca Tavern, Sept. 23

New York law School - October /November 1999 the l page 3 The Froessel Competion at NVLS

From left: Preethi Sekharan, Daniel Curtin, Judge George Bundy Smith, Prof. , Dean Harry Wellington, Judge Leonard I. Garth, Judge Milton Williams, Meida Powery and Martin Bowe

I!'~! Recap The Twenty-third Annual Charles W. Froessel Mark Demetropoulos News Editor Intramural Moot Court Competition The 23'd Annual Charles W. Froes• sel IntramuralMoot Court Competitionbe• Final Round Winner gan on August 23 and concluded on Meida Powery September 2. Open to all enrolled NYLS students, the competition consisted of Finalists brief-writing and oral-argument exercises. Meida Powery and Daniel Curtin The Competition focused on two issues. Martin Bowe and Preethi Sekharan. The first issue was whether a con• fession is inadmissible under Miranda v. Best Preliminary Oralist Arizona, 384 US 436 (1966), or whether Tamara Frazier the Supreme Court should interpret 18 U.S.C. §3501 toabolishMirandas"bright• Best Brief Best Team line rule." The second issue was whether a Daniel Curtin and Alexandra Standish Daniel Curtin and Alexandra Standish hypothetical "Save Our Children Ordi• nance," banning possession of firearms Candidates for the 1999-2000 NYLS Moot Court Association within a particularjurisdiction, violates the Second Amendment of the Constitution, which guarantees an individual's right to , Martin Bowe Christa Harper Randy Perlmutter Heather Poole bear arms. Brian Counihan Eric Hodges Meida Powery (3L) won the Final Daniel Curtin Lauren Kirk Meida Powery round of the Froessel Moot Court Compe• Yael Erdheim Jason Kobin Edward Sapone tition. Powery, teamed with co-finalist Andra Feiner Jessica La Marche Bradley Schreiber Daniel Curtin (2L). argued against final• Jacqueline Flug Jason Leifer Preethi Sekharan ists Martin Bowe (3L) and Preethi Tamara Frazier Nancy Lopez Alexandra Standish Sekharan(2i,). Tamara Frazier (3L) re• ValerieFriedman January Marsch Jennifer Tabacchi ceived the award for Best Preliminary Steven Fritz Charles Martin Julie Trivedi · Oralist. C~rtin and Alexandra Standish Joanne Galia Marisol Marinez Andrea Tsoukalas (2L) captured awards for both Best Team Carol Giuliano Owen McKeon Robert Viven Michael Yorio and Best Brief. Shimon Getler Anna Paesler Judges for the final round were: The Honorable Leonard I. Garth of the United States Court of Appeals for Third Circuit; Frossel Competition Authors Frossel Competition Chairs The HonorableGeorge Bundy Smith of the Ikiesha Al-Shabazz Jillian Becker New York State Court of Appeals; The Timothy Feil Alfonso DeCicco Honorable Milton Williams of the New York State Supreme Court , Appellate Di• Chair Vice Chair vision, First Department; Prof. Nadine JoAnn Squillace Cesar de Castro Strossen; and Dean Harry Wellington.

New Yorll law School page 4 . the l October /November 1999 . Editorial Writing for the L: What's in it For You? So you want to win a case? Besides brilliant legal re• and my company-was terribly off putting. Moreover, I was search, you need strong communication skills. When you paying him $150 an hour and I was doing his work for him! write for a newspaper, whether you write short articles, fea• This is not a way to retain new accounts. Drink tures, opinion pieces or profiles, you are not only practicing Additionally, clear and concise writing is extremely omclal sen at the NYlS Dean Search your writing skills, but you are also gain• important as a student of law. Not only do ing valuable transferable skills. Like what? you need strong writing skills when tak• Research and organizational skills, inter• ing your final exams, but you also need Editor-in-Chief . Eddie Westfield Jr . viewing, story-telling, persuasive writing, solid writing skills when taking the bar Managing Editor Susan L. Harper analysis, synthesis, critiquing, editing, exam. What better way to continue to fos• News Editor Mark Demetropoulos proof-reading, working on teams, working ter and practice these skills than writing Copy Editor ...... David Resnick independently and learning how to work for a newspaper? If I have not sold you under a deadline are all journalism skills yet, let me tell you about the greatest bo• Contributors which can be very beneficial to your legal career. nus of writing for a newspaper. Alison Berger, Lourdes DeRojas, One NYLS Alum told me that the legal deparmment, When you write as a staff member of the L, at the end Jeffrey Eichner, Esq., Ben Ginter, of a major entertainment company, recognized his journal• of the year, you will walk away with tangible evidence of Maria J. Guerra, Lauren Locascio, ism background as an important factor when they decided to your work. That is, in your hands, you will hold at least 6-8 Robert Lorch, Louis J. Russo Ill, hire him. Initially, the job required a tremendous amount of published articles. More than likely, these articles will be on Dean Ellen Ryerson, Ashiza Shah, writing and it came down to two candidates. The interviewer subjects, areas, and causes, which interest you. Your articles Gerard Strain, Elizabeth Valandingham asked him if he would mind doing a lot of writing if chosen. will inform people of matters you deem important, and many Printed at Instant Newspaper,Lo ng Island City, NY Enthusiastically, he said, "Are you kidding me? I love to write! times, influence policy matters at the school. Moreover, you I have a journalism background." Today,.he is happily enjoy• can also use these pieces as additional writing samples for ing his work at the Walt Disney Corporation. potential employers. The L is the voice of the New York Law As a business owner, I retained lawyers for different The L is proud to announce that we now have twenty School community. We keep the community jobs. Once I retained an attorney who had very poor writing plus motivated, enthusiastic, hard working and committed informed of relevant school news and events and provide a forum for students, alumni, fac• skills. Receiving work that I had to edit constantly was frus• day and evening students on board. Our only question is, ulty, staff and other members of the NYLS com• trating. His ideas were good; however, this lack of attention where are you? munity to express their views and opinions. to such an important skill-when he was representing me The L also features content dealing with legal issues and other topics of interest to mem• bers of the NYLS community.

The L is independently published by its Introducing: Letters to the L student members and is released on the first Thursday of the month while school is in ses• In our last issue, our Editor-in-Chief Eddie Westfield In response to that article, a student submitted another sion. Contributions from students, faculty, alumni, staff, and all members of the NYLS welcomed our fellow students to another academic year at very well written article for the following issue. I found this community are always welcome. NYLS. He also thanked the students, including myself, who exchange of views very exciting because an intelligent and Writers of articles submitted to the L are will be working as the permanent staff of the L this year. honest dialogue had been establish between two students ultimately responsible for the content of those However, if you enjoyed reading last month's issue, as I did, about what it is like to study and take classes at NYLS. As · articles submitted and accepted for pubfica• lion. All articles must be written and pre-edit• the person who the NYLS community should really welcome readers, we noticed this dialogue because, in reality, it was ed in a professional manner. and thank is Eddie Westfield. an explication about how well this school The views expressed herein are not nec• You probably noticed that Mr. West• is preparing us for our careers in the legal essarily those of the L, any of its editors or field's name topped almost every article in profession. staff members, or the students, faculty, or staff of New York Law School. September's issue. So, I use my precious Now, we are inaugurating a new sec• first two paragraphs to thank Eddie West• tion called 'Letters to the L.' This section Advertising rates are available upon re• field for his work on last month's issue and of the paper will provide an outlet for stu• quest. Subscriptions are available at a rate of for the conviction he has demonstrated by dents to express what it is like to study and $12 per year. keeping this paper alive for its second con• to take classes at NYLS. I hope that the Articles should be submitted on disk (in secutive year of publication. new section will help establish an honest dialogue among Word, WordPerfect, or RTF format) with a hard Last year, the L published an article written by a stu• the students, the professors, and the faculty of New York Law copy attached, by mail, or by placing it in our dent who argued that commercial study aids could be used to School. 'Letters to the L' could make NYLS a better place. submissions' box in front of Room L2 in the lower level of the NYLS student center. Artie replace the reading materials required by a given professor We constantly refer to our school as a community. All cles may also be emailed to [email protected]. in agiven course at NYLS. I am not lending support to the communities have problems and concerns. Our community All submissions are due by 5 p.m. on the views espoused in that article. What pleased me about the should have a forum in which to voice our problems and Thursday two weeks prior to the release date: article was its candid honesty. concerns, to flesh them out. Please include your name, telephone number, Some people agreed with it, others were amused by it, and email address with your submission. . With this purpose in mind, we invite you to write a Please address all submissions, letters, and some people were offended by it. Whether people agreed letter to the L. which will appear in our next issue, about and other correspondence to: · · or disagreed about the writer's opinion, the article was not whatever you feel is important. And, let the voice of the NYLS ignored by the students or the professors at NYLS. Community, finally, speak for you. Editor-in-Chief the Lat New York Law School 47. , room L2 New York, NY 10013-2960 . Editor's Note: Among other things, I want to thank everyone who contributed to this issue. Phone (212)431-2899 Ext. 4202 The L is the voice of the entire NYLS Community (it is not "The Eddie Westfield Show.") Everyone who reads this paper participates in its process. Once again, Thank you. We Fax (212)965-8841 apologize for the delay. -ed . Email [email protected]

., ' {, ···:;:A=:?•..• ... ;,;::.-, .~ ;::{i';w.:,..:Wk~ ..,ikJ: '<:.t.:=~: &;}_;·· · , New YerUaw School October/November 1999 the l · page 5 Professor Sadiq Reza: Noble Aspirations life and leading him to the law are: his fa• Trying cases and about things that truly Ashiza Shah ther, a community activist, who taught him arguing appeals for indi• interest them, and work with bright and interest• to fight, and not necessarily to win, but for Though he played drums, sang in gent criminal defen• ing students and col• change for the good; his grandfather,a pro• bands and acted in plays throughout high dants, Prof. Reza loved leagues like those here. fessor and scholar; his mother, who taught school and college, Professor Sadiq Reza being a public defender. All this drew me to him compassion and never to forget the always knew he would head towards a ca• However, he always felt teaching law." weak and downtrodden; his college thesis reer in the law. On childhood visits to In• the pull of writing and In reference to his professor, who taught him to question con• dia, his parents' homeland, he wondered teaching-a pull that has passion-criminal law ventional wisdom; and Prof. Charles Ogle• who would speak for the poor whose make• led him here. It was and procedure-Prof. tree of , who inspired shift shacks lined the roads. Back in school, through the Association Reza says, "There I see him as someone who goes above and be• he thrilled at the abilities of people like of American Law the law most tangibly, yond the call of duty as a teacher, scholar, Abraham Lincoln and Henry Clay, who Schools that he found and often most unfairly, advocate of just causes and the defender would resolve conflicts and persuade oth• his position at NYLS. There are several affecting the everyday of the unpopular. ers with their reason, insight, and passion. When asked bow he would like to reasons why Prof. Reza American. It's where I In addition, Prof. Reza always be seen by his students, Prof. Reza turns chose to be a law profes- New to NYLS: Prof. Sadiq Reza see some of our most taught-from lecturing about snakes in the question around and explains that he is sor. "Law professors, noble aspirations and grade school, to using Beatles' songs to more interested in how his students see teach the English language in Cairo, Egypt through their writing, teaching, speaking, our most tragic failures. "The noble aspirations include the themselves. "Being a lawyer gives them after college, to becoming a teaching fel• and other activities can influence the law pursuit of truth and justice, and the con• the opportunity to effect real change in low for undergraduate courses at Harvard and the way it is understoodand practiced," the professor explains. "Also, law profes• cern for due process, the principle that ev• society and to have a tangible and some• while attending Harvard Law School. times significant impact on other people's After receiving his J.D., Prof. Reza sors, like all teachers, are engaged in the ery person be treated with a certain amount of fairness and dignity regardless of his or lives," he expounds. "They should wel• clerked for a Federal judge in San Fran• pursuit of constant learning from both their scholarshipand their teaching,and they are her wealth, status, color, or creed." He goes come that opportunity, and they should re• cisco and then went to Washington, DC, alize that they can take that opportunity where he worked briefly with the Ameri• in the business of sharing that knowledge on to say, "The failures are when it is un• with students, colleagues, and society. able to accord individuals the appropriate wherever they want to take it to the bene• can Muslim Council and the American• fit of whatever causes they wish to serve. I Arab Anti-Discrimination Committee. He "Law professors can serve as men• amount of dignity or due process, and tors and role models for students, and help sometimes the painful costs to society of hope that from me and their legal educa• then spent two years as an associate with tion as a whole they leave with that per• Arnold & Porter, but it was his four years· students identify and achieve their profes• "affording individuals that degree of fair- spective and confidence." at the DC Public Defender Service that sional and personal goals. In addition, the ness." People he credits for influencing his shaped him as an attorney job of law professor is to think and write

The law School Sinkhole To the Editor:

Legally Analyze This! Thank you for the opportunity to respond to [Mr. Russo's article] regarding Principles of Legal Analysis (PLA). lowed to enroll. I can't explain istration knew what they were Louis J. Russo Ill The sole purpose of PLA is to find better ways to meet this inconsistency. planning from the beginning. It students' academic needs. The faculty adopted the plan for PLA Welcometo the Law School Thisforced enrollment oc• would have been easier and more upon the recommendation of a faculty committee that was seek• Sinkhole. Let us begin with the curred after all students had reg" reasonable if this School simply ing ways to improve students' analytical skills, skills that help second year evening division and istered and received their fall and informed all evening students=• students learn well in law school and succeed on the bar exam the wonderful course forced upon spring schedules. So what does back in November 1998-about and in law practice. The committee chose the design of PLA us entitled Principles of Legal this School do? NYLS spent 8 this new course and that the "bot• from among several possibilities as the most promising way to Analysis. months thinking up this wonder• tom forty" must enroll. accomplish this important academic end. During the Fall 1998 se• ful new course. First, they tell ev• Not only does this policy This new course was the subject of three communica• mester, NYLS sent a letter to all eryone a random sample of create aggravation for the stu• tions to all Evening Students last year: a brochure in October, first year evening division stu• students will be selected. Then, dents enrolled in the course, it 1998 and letters in November, 1998 and May, 1999. All three dents-whoare now in their sec• they wait until everyone registers, could create an undeserved stig• of these indicated that students would be selected to participate ond year-informing them that a and for the grades to be in, to ma. Consider the damage that this in PLA only after spring grades had been recorded and, by im• new, mandatory class would be overnight a packet to the 40 low• could do to other students by plication or explicitly, only after students had registered for the "offered" to 40 students selected est ranked students in section E messing with the curve. If you following year. The specific students who were selected were at random. telling them to re-registerfor Prin• take the "low" performers out of notified at the earliest possible moment-in mid-June, more About midway through the ciples of Legal Analysis within the picture, the "middle" perform• than two months before fall classes started. spring semester, a follow-up let• one week. Sounds random to me. ers are the new "low" perform• Half of the group, or twenty students, were assigned to a ter was sent. Conveniently, the Keep in mind, the school ers. section of PLA that meets at a time different from Evidence. language was slightly different. claims they had only the best in• We are the students who For some of these twenty, this reassignment caused conflicts Tue word "random" was no long• tentions. If you believe that, actually pay tuition, supplement- with other courses. To help these students adjust their sched• e~ i_nd.~dedi n the letter. The re• there's this bridge near City Hall . ing the scholarships for the elite ules, we offered the opportunity to participate in a priority sult was that the lowest ranked that leads to that's up top ten percent. They don't get change of program during the summer. Also for: some of these forty students in the evening di• for sale. Anyone interested? stuck paying for a course they twenty, the reassignment caused conflicts with non-school ob• vision were forced to take Princi• So now, after evening divi• don't want-just stick the rest of ligations. We regret the inconvenience to these students, but we ples of Legal Analysis this Fall. sion students have worked out us with a $3500 bill for a course hope and believe that PLA will prove to be a valuable academ• we don't want. Even if the course Honestly,does anyone really be• schedules around children, mar• ic experience. lieve that there is that much dif• riage, work, among other prob• is beneficial, this School does not ference between a B and a C? lems that face part-time students, consider the needs of the students. Sincerely, They just took our money and A confidential source in• NYLS shrugs its shoulders and Ellen Ryerson formed me that two students in says, "Sorry." told us to stop whining and "deal Associate Dean for Academic Affairs the "bottom forty" were not re• I think that we all under• with it." quired to take the course and one stand that life is not fair, but this It feels so refreshing to be student, possiblytop third, was al- is a load of garbage. The admin- in law school. Doesn't it?

New York law School Advice for Exams Top Students Reveal Secrets of Law School Success students must get into "study mode". Of course if Ben Ginter you have read all of your assignments, taken good What are the best ways to prepare for exams? notes, kept up with your outlines and consistently If you ask five different people for their advice, met with your study groups, you will be ahead of chances are you will get five totally different an• the game. swers. Which piece of advice should you listen to? Most top students report that studying con- Which ones shouldn't you listen to? sists of reviewing your outlines until you understand With all of this confusion, the L decided to everything in your outline, meeting with your pro• ask members of the Law Review and Journal for fessors to clear up any ambiguity you may have, their thoughts on the matter. What was the secret going to exam-taking tips sessions offered by the behind their success? What sort of study skills did school, meeting with your study groups consistent• they use to achieve A's? We focused on five areas ly, and reviewing old exams professors have on file. that seem to be of most concern for students: class One Law Review member stresses the impor• tance of reviewing old exams given by your profes• Night Students preparation, outlines, study groups, studying for the exams and finally taking the exam. sor because "you get an idea of how he or she Some Thoughts on Your First Year formats the exam, poses the question and what he Class preparation includes activities such as moment-when everything falls or she may emphasize." Some professors have ex• Alison Berger reading, briefing cases, and taking notes in class. into place, when concepts that had ams on file from students who received an A in the All top students stressed that it is important to read First, you should all be con• seemed so foreign to you now all of the materials your professor assigns. Equally class. Look at those exams and see what set them apart from the rest. gratulated for having the desire make sense-you will feel a joy important, is that you Additionally,it is im• and fortitude to take up the for• that is indescribable. You will be actually understand portant to take past midable task of attending law attending class with people from the material you are exams, under test• school at night. It is not easy. I'm all walks of life. Many professors reading, or else you like conditions, after sure by now you have all figured say they enjoy teaching evening will become lost in you have studied suf• that out. Your first year of law classes, as night students have so class discussions. ficiently. school will bring many changes. many valuable real-life experi• Journal mem• Taking the Those of you who were tops in ences to bring into discussions. ber, David Banker, exam. Typically, on your class in college will be up Your colleagues will be police says "anytime you the night before an against others who have similar officers, accountants, nurses, are confused about a exam many students academic records. If you have paralegals, business people, etc. case or a concept, it are nervous. Ques• professional careers and are used They can help you understand is important that you tions such as, "Did I to being the boss, your first So• complex legal theories proposed see your professor study enough?" or cratic will be a shock. You are no by professors in a hypotheticalsit • right away. If you "Did I study the right longer asking the questions. You uation by explaining how they don't clear up your things?" go through are no longer in control. Don't de• handle the situation in real life. confusion, you may many students spair if you feel a bit lost and con• Day students don't get this type have difficultyunder• minds. Edward Say• fused. There are at least 119 others of education. In fact, your fellow standing some of the ago recommends do• who are feeling just as you do students are your best law school concepts later on." ing something right now. resource. Get into study groups. Outlines repre• relaxing, such as lis• Law school is never a Help each other. Share outlines. sent all of the materi- breeze and when you are work• Lean on each other and cry on al you have covered in a particular class. Several tening to a meditation tape or watching a movie the ing full time and attending law each other's shoulders. After all, top students encourage the creation of outlines ear• night before an exam. school it is even harder. Let me who knows more about what you ly in order to begin the review process during the On the day of the exam, Edward says, "be confident and do the best you can." He recommends, give you a little advice. Now is are going through than someone semester. not the time to make any (other): who is going through it with you. "When you begin your outlines, you want to "when you first get the exam read the question first. important decisions or changes in So for a!l of you who are use your syllabus as a guide to organize the con• After reading the question begin to read the fact pat• your life such as changing resi• walking around like zombies right cepts and cases," says Edward Sayago of Law Re• tern." dences or looking for a new job. now. Who's skin hasn't broken out view. "Included in your outline should be the David Banker says, " you must read the fact The word is Focus. If you have a like this since adolescence-don't contents of the book --cases and rules, the notes pattern very carefully and try to spot issues. Be care• relationship, tell your loved one despair and have no fear. I'm sure that you have taken during the semester, and then ful, because professors at times may try to trick you. that your time together will be you've heard this before, but it is supplements such as Emanuels, to clear up any Professors rarely include irrelevant facts. All facts limited until you graduate. Don't true. The first year is the hardest. ambiguity you may have." are put in for a reason. For examplse, a date may think that everything will the You have to learn skills that you Study groups are also an effective tool in pre• have big significance. In other words, scrutinize be same. It won't. You will need to will use for the rest of your legal paring for exams. If you do choose to be in one, it every sentence. Also it is important to cover each spend almost all of your free time career. should be limited to four members and should meet issue fully. Try to be as detailed and as thorough as you can be without going off on a tangent." · studying,making outlines,. attend• One day you will look back ~ften to discuss cases and concepts. on these days and laugh. You'tl Some of the benefits of being in a study group Most courses only have one exam so it is very ing extra classes in Westlaw/Lexis and legal research. Legal writing meet in the hallways as second "is that it gives you a chance to hear other perspec• important that you prepare as best as you can. There will require extensive library and third year students and say tives on the cases and concepts which may be dif• are a lot of ways to prepare for exams. Therefore, hours and preparation for moot "remember when so and so al• ferent from your own," one Law Review member you must find the techniques which work best for court will, for those not comfort• most made you cry/vomit/pee in explains. "If you are having difficulty grasping con• you. Of course, these are only the suggestions of a your pants?" and you'll laugh at cepts, the members of your group may be able to few NYLS students, but hopefully it will lead you able with public speaking, bring in the right direction of attaining great success on fear and despair. how scared and stupid you felt. help." Thereafter, you'll see some young Studying for exams. As exams get closer, all your exams. Now for the good part. Law school will broaden your hori• man or women, a l L, who looks zons. It will give you a sense of like a zombie and who's hair is accomplishment that you will not disheveled and you'll say"first of The l would like to wish vou a Happy Halloween and a Happy Thanksgiving. · get in any other arena. When you all you should be congratulat- j . have what is called an "ah ha" ed .• :." Good luck! ·

'" . ;, • · Hew York law School ' , October /November 1999 the l page 1 Stopping the Embargo on Cuba Starts at the Ballot Box

Maria J. Guerra ture, which reflects the various eras of col• thus, Cubans of valuable trade with us, bargo by having US alleviate travel restric• onization. Cuba's history reflects a world hurting the Cuban economy and the Cu• tions, and open communications lines and As a descendent of Cuban immi• of illegal business dealings, exploitation of ban people. services with Cuba. As a side note, it took grants, I am writing this article to urge you workers, and unequal distribution of However, there are other strategies two weeks in July 1996 for my mother to to consider the issues surrounding Cubans wealth. The Castro revolution was about that could be more effective for dealing learn of my grandfather's death in Cuba. when you vote for our leaders. ending all this, creating a world of equali• with the expropriation issues and that By alleviating the restrictions, Mowry The United States Government, as ty, and taking back what Cubans felt was would serve the purposes of promoting says, "this would begin to fuel the Cuban authorized by statute, currently has a trade rightfully theirs. Unfortunately, it hasn't democracy. Mowry suggests an alternative, tourism economy, and would allow Cuba embargo against Cuba. This means that the worked out that way. modeled after how the US dealt with Viet• to begin updating its obsolete communi• US has halted all trade with Cuba. In his Currently in C1:1ba, people are liter-· nam over similar issues. Rather than tak• cations technology systems." A stronger article for the Brooklyn Journal of Inter• ally starving, without healthcare, and are ing a "hard-line full restitution or nothing" economy means a greater likelihood of a national Law, April 1999, entitled "Lifting imprisoned for counter-revolutionary ac• stance with Cuba, the US could begin to settlement. Finaly, phase three would en• The Embargo Against Cuba Using Vietnam tivity, such as support of the embargo. My open up negotiations to attempt to settle tail "Cuba taking measures to hold elec• As A Model: A Policy Paper For Moder• Uncle was imprisoned for seven (7) years the outstanding debt by Cuba. tions with opportunity for participation by nity," David Mowry said that the United for such activity. During those years, his "The problem," Mowry suggests, "is other political parties." States' reasons for maintaining the embar• wife and two daughters suffered immense that by settling with Cuba for an amount Phase three, I believe, is the most go are "economic, political and moral." poverty. They worked in fields referred to less than the current US $13 billion debt, difficult for Americans to overcome. Af• The US is proceeding under the auspices as "camps." the US Government could be liable to any terall, we cannot force Cuba to hold elec• of promoting democracy in Cuba. How• . When my two little cousins arrived of the over 5000 claimants to the taken tions. However, as Richard M. Schmidt and ever, according to Mowry's research, the in New York some 15 years ago, after 20 property for the difference." But because Kevin M. Goldberg suggest in their Win• US government's reasons for the embargo years of struggling to get them here, I tried of Cuba's current economic state, "Cuba ter 1999 article in The Communications are not quite that pure. to describe this country, this state, and this cannot afford to pay a one-time payment." Lawyer, entitled, "Castro Alive And Well• Mowry argues that the "true impe• city to them. Orie of the things I described However, now that. Cuba's economy is Continues Forty Years Of Controlling Cu• tus for the embargo against Cuba appears was summer camp. They appeared disap• growing, Mowry suggests an alternative bans' Speech, " we need to start opening to have been the seeking of restitution for pointed when I mentioned camp. When I plan to satisfy the US claims while simul• up the lines of negotiations because "in its US businesses that lost money and prop• asked why, they described what "camp" taneously bolstering Cuba's economy; so efforts to promote democracy, the US trade erty. "After the Revolution of 1959, the was like for them. It is not about swim• that full compensation could be paid over embargo hurts the average citizen. Castro government took over all of the US ming pools and lakes. It is about hard la• time. "By cutting Cuba off from currency, businesses and property without making · bor in Cuba. In rather simplified terms, this is a information, and cultural exchange, we are restitution. The US has decided to deal with three-step plan referred to as "phases" by also closing off Cuban access to multi-cul• Many Cubans feel everyone who these expropriation issues, as Mowry terms Mowry. The first phase is "a decision by turalism arid Cubans' right to enter the mar• came to their island/country has exploited them, by continuing the embargo. This · the President to end the embargo." The sec• ketplace of ideas. The lack of a meaningful them. This is evident by Cuba's architec- basically means that it deprives Cuba, and ond phase is the partial lifting of the em- Continued on page 14

Good Advice Stumbling Towards Success These Five Insurance and Financial Mistakes Can Cost You Dearly

Jeffrey Eichner, Esq. first set our goals, analyze what important to have proper cover• sponsored plan may be too limit• and final expenses, and your NYLS Class of 1984 it will take to achieve those goals, age on all income earners. Some ed for your needs. Typically, dis• -death can be quite costly to your and then implement a plan. The people may have group term life ability income insurance plans loved ones. _, Everyone wants financial plan should include everything insurance through their employ• will cover 50 - 60% of your an-. You owe it to your family success for themselves and their from savings and checking ac• ers, but this alone may riot be suf• nual income for a pre-determined to have an estate plan in place. An families. What we spend long counts, to longer term vehicles ficient. period of time. You'Il want to effective will, atrust arrangement, hours working towards-wheth• like annuities, CDs, and IRAs, Be careful not to be overly study the policy carefully to un• and adequate life insurance are er it) a first home, a college edu• and the protection provided by dependent on group term, for derstand all of the provisions, in• some of the options available to cation for our children, or a life, health, and disability income these plans can be inflexible, may cluding the definition of disability, you to help your heirs get what retirement home in a warm tropi• insurance. not be portable, and may not be the waiting period following dis• they deserve. Consult your tax, cal place-are our goals on the Insufficient Diversification. available when you need it ability before you can collect, and legal, and financial advisors for path to financial security. Unfor• Another old adage still rings true: most-after age 65. Look into the length of the payment period. help in putting together an estate tunately, it is all too easy to stum• "Don't put all your eggs in one purchasing individual cover-age No Estate Plan. Some peo- · plan. ble on the way to your destination. basket." Diversification is gener• to suit your particular needs. pie have the impression that es• "To err is human" is yet I hvve compiled this list of what I ally considered a key to reducing How much life insurance is tate planning is just for the rich. another pearl of wisdom. Sure, have found to be the most com• risk and enhancing potential re• enough? That depends on a num• Unfortunately, that view can be everyone makes mistakes, b~t all mon errors people make in turn. Some people believe that ber of personal factors including costly to their heirs. of the ones outlined above can be achieving their insurance and fi• because they have CDs in three income and number of depen• Your estate includes such avoided. With proper insuran~e nancial goals. They are all poten• different banks they're properly dents. It's best to sit down with a items as your home, cash, invest• and financial strategies you .can iiajly costly, and: they could mean diversified. True diversification professional to go over your needs ments, personal property, and oth• steer past those costly blunders lite difference betweenfinancial cuts across product types, lengths and look at the available options. er assets you and your spouse may and be on the road to financial success and finacial failure. of maturity, and asset categories. Inadequate Disability In• own jointly or as community success. failure to flan. An old say• With a well-diversified portfolio, come Insurance. Your earning property. These may add up to a ing goes; "Most people don't plan you're never too dependent on power is the generator that keeps lot more than you thought you For more information, to fail, they fail to plan." This is how well one product performs. ihe wheels of your household run• were worth. Federal estate taxes please call Jeffrey Eichner at particularly true when it comes to Insufficient Life Insurance. ning smoothly. But what if that begin at 37% for estates valued (212)-261-0247 . insurance and finances. If any We're quick to insure our cars and generator breaks down? The risk at more than $650,000-which planning is done, it is on a piece• our homes, but too often we over• of disability, as well as its poten• will gradually increase to meal basis, but that's just not Mr. Eichner is the president of E look our most important asset: tial cost, is simply too great to $1,000,000 by 2006-and can Group, a financial planning firm enough. To have a shot at accom• ourselves. With mortgages, tu• ignore. climb ·a~ high as 60% for larger located here in New York. plishing what we want, we must itions, and bills to be paid, it's Once again, a company- estates. Add in state death taxes

New Yoruaw Schaot - • page 8 the l October/November 1999 CASE FOR ... Go Pro-Bono The Ethical Duty of the Attorney

Lourdes DeRojas in 1980. Id. at 182. Legal aid services are with proposed legislation on the table are protection rights because other profession• unable to provide more full-time experi• asking attorneys to do approximately 20 als, such as doctors, are not forced to pro• It is accepted among the legal pro• enced attorneys to the poor because the hours per year! The lost billable hours are vide pro bono services to the public. See fession that every attorney has an ethical funding is not available. However, private not going to "break the bank" for attorneys John C. Scully, Symposium on Mandatory responsibility to participate in pro bono Pro Bono, "Mandatory Pro Bono: An At• work. The Model Code of Professional tack on the Constitution," 19 Hofstra L. Responsibility states that an attorney has Rev. 1229 (summer 1991). "a pro bono duty to represent indigent The Supreme Court has never ruled criminal defendants and to aid in the ad• on the issue of whether a mandatory pro ministration of justice". Cynthia R. Wat• Attorneys possess bono requirement would be unconstitution• kins, In Support of a Mandatory Pro Bono al. However, where the mandatory rule al• Rule for New York State, 57 Brooklyn L. lows for discretion on the part of the Rev. 177, 186 (Spring 1991). In 1969, this special training, attorney on the "when and how" to fulfill was expanded by the American Bar Asso• the obligation, especially where the need ciation Code of Professional Responsibil• for the legal services is great enough, it ity, to state that an attorney should (1) assist skills and should withstand constitutional scrutiny. in improving the legal system; and (2) as• See 57 Brooklyn L. Rev. at 197-198. sist the legal profession in fulfilling its duty The benefits of undertaking pro bono to make legal counsel available. Id. knowledge of law; work are extensive. Pro bono work pro• If attorneys did not meet this legal vides an arena for attorneys to explore and need within society, then who would? The expand their personal and legal skills. Sig• fact is that attorneys are officers of the they have a nificant insight into the surrounding com• court. They are obligated to provide ade• munity is gained through relationships and quate legal service to the public, irrespec• connections established with the commu• tive of whether their services can be paid responsibility of nity, including the business within that for or not. Attorneys possess special train• community. These relationships and con• ing, skills and knowledge of law; they have nections to the community are indispens• a responsibility of preserving justice and preserving justice able to an attorney and a successful legal equity within the legal system. practice. Many states have attempted to pass Even for the inexperienced young legislation making pro bono work manda• and equity within attorney, fresh out of law school, pro bono tory for all practicing attorneys. A manda• work can be very beneficial. Participation tory pro bono system would directly provides them with first hand knowledge achieve the goal of increased access to the the legal system. about how law is practiced in a variety of legal system for the poor. The amount of settings. The new attorneys are stimulated legal services available to the indigent by the first hand contact with people who would increase significantly because all have very real legal problems and are able practicing attorneys would have to provide to increase their confidence as they learn ·it, rather than simply the handful that vol• that they have the ability to help people unteer. However, there are attorneys who attorneys are educable. It is common prac• who usually bill about 3000 hours in a year! solve these problems. do not believe that mandatory pro bono tice in the private sector for attorneys to Furthermore; some of the opposition Participating in pro bono work not work is the proper remedy to solve the research new causes of action, new issues, claims that mandatory pro bono work vio• only benefits the individual lawyer, but the problem, despite the fact that they believe new areas of law, so why would they not lates constitutional rights. First, they claim entire legal community as a whole. Engag• something should be done. Some suggest be able to do the same in pro bono cases? that litigation is speech protected by the ing in a unified effort to provide represen• that more funding for legal services pro• Of course, the argument is that time spent First Amendment and that compelling an tation to persons with overwhelming legal grams is theanswer, This would provide doing pro bono work for a non-paying cli• attorney to participate in pro bono pro: need and with extrel!lely limited resourc• , the.poor withfull-time professionals who ent is time not spent making money on grams may violate that attorney's right to es (i.e., indigent persons, victims of domes• .ere experienced in the field. See Id. at 181- caseswith paying clients. free speech. Second, they claim that man• tic abuse, persons with AIDS, the 1. .85 . . ., Many attorneys whine that they have datory probono programs would violate an homeless, etc.) enhances the public image . Idealistically, this would be a won• too many bills, loans and financial respon• attorney's Thirteenth Amendment right of attorneys, and consequently, the legal derful solution. Increase the full time staff sibilities rendering them unable to expend against involuntary servitude. Third, it profession which they represent. at legal aid services programs with experi• non-billable time to pro bono cases. May• would be a violation of their Fifth Amend• enced attorneys would better serve the le• be this argument would make sense if at• ment right against takings without compen• gal needs of the poor, especially in cases torneys were asked to take on a sizeable sation. · Fourth, if would be a violation of which require more than one court appear• caseload. But the truth of the matter is that the due process clause under the Fourteenth ance and that" may last for years. Realisti• most attorneys are looking at l or 2 pro Amendment, because they are being invol• cally, federal funding for legal services has bono cases a year at best. Those states that untarily stripped of their legal services. not increased beyond the level established already mandate pro bono work and those Fifth, it would be a violation of their equal

• New York law School October/November 1999 the l page 9 ... CASE AGAINST

Pro Bono? I'd Love To But . • •

that an attorney serving pro bono may not wherein an attorney may expend their own ing in Jonna pauperis status. Gerard Strain be as attentive to the indigent client's case time and money to relieve themselves of However, The U.S. Supreme Court As an Intern at The Volunteer Law• as he or she would be to profit-generating serving pro bono. With the Reagan Admin• in Mallard v. US District Court for the yers Project (VLP) of the Nassau County cases. The argument that pro bono work istration's malicious reduction of federal Southern District of Iowa et al, 490 U.S. Bar Association, I performed client intakes . 296, 109 S.Ct. 1814 (1989), held that not• on indigents and referred their case to a withstanding any state statutes using the private attorney who would serve pro bono. terms "appoint" or "assign," an attorney Nine times out of ten, the attorneys I con• could decline to represent an indigent in tacted either didn't want the case or would federal court because of the operative use not take the case unless it met certain cri• The argument that of the word "request" as used in§ 1915(d). Yet, the problem remains in the state courts. teria. Many attorneys did not want to take Eugene Farber Esq., a prominent a matrimonial action wherein assets and pro bona work gives commercial litigator with Farber, Seagal & child custody would be the focus of the lit• Pappalardo was ordered by the NY State igation. Such cases could last for years, Supreme Court (Westchester County) to talcing up more time and resources of the· a young lawyer represent a party in a matrimonial action. attorney than expected. Mr. Farber, who has never practiced matri• For every rejection, I questioned the monial Jaw, expended time and money out attorney's moral and professional charac• good experience of his own pocket to make a formal appli• ter. After enduring the labors of the first cation to the Court to relieve himself of year of law school, borrowing more mon• the order. ey than I'm worth, and paying the price(s) may be correct, but Mr. Farber feels that because the associated with living in Manhattan, I have practice of Jaw can be remunerative, attor• come to appreciate the reasons why many neys should give back to the legal com• lawyers refrain from serving pro bono. at who's munity. Nevertheless, he feels that First, the costs of a legal education attorneys appointed by the courts should leave many graduates deep in debt years be well versed in the field of law relevant after graduation. It is not rare for a young expense? to the case. Therefore, orders from the lawyer to pay upwards of $900.00 per courts or the possibility of mandatory pro month towards their loan payment. For a bono service is not only onerous, it can also graduate hired by a large firm, such a fi• be a nightmarish experience for an attor• nancial burden may not be a problem. ney. However, with all due respect to my I will fulfill my professional obliga• peers, not everyone will be getting the su• gives a young lawyer good experience may funding to various legal aid societies in the tion as an attorney and comply with Can• perjob at the "monster" law firm with start• be correct, but at who's expense? early 1980's, many organizations like the on Two of the Code ·of Professional ing salaries of$! 00,000 plus. Many, if not Being an attorney is a business and VLP were forced to cut back on staff and Responsibility. Nevertheless, until I am most future graduates will have to refrain attorneys bill for time. Truth be known, if abandon certain case types . secure professionally and financially, 1'4 rather get paid. ·· · ·· · · · from frugal spending and save their pen• I were billing one client at $300.00 per hour The result was that many Bar Asso• nies just to. avoid defaulting on their loans, and I'm representing another client pro ciations in various states attempted to im• rent, credit cards, etc ... bono, guess which case would get put on pose a mandatory pro bono requirement of Now, imagine yourself in the latter the back burner if necessary? all their respective attorneys. Additional• group, and a person comes into your of• This is not to say that myself or oth• ly, state courts were utilizing their right to fice requesting your professional services er attorneys would not zealously represent appoint or assign counsel more frequently. for free. Such a situation is analogous to indigent clients, but you get what you pay Even Federal Courts attempted to walking past a homeless person asking you for. As result of such a scenario, a young require pro bono services under 28 for change; you would love to help, but lawyer gains experience, but the indigent U.S.C.A. §1915(d).This section would right now you're more broke than he is. client will suffer. allow federal courts to request that an at• There also is the obvious argument Conversely, there are scenarios tome~ serve pro bono for any person claim- GETTO KNOW ISi [email protected]

New Yark law School page 10 the l October/November 1999

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Student Bar Association The NVLS Student 1999~2000 Executive Board Bar Association at Danielle Butler President

Dawn Falco Lori Quinn a Glance Vice President-Day Vice President-Evening comprised of the President, Day Vice-Pres• Elizabeth Valandingham ident, Evening Vice-President, Treasurer, Elizabeth Valandingham Darrin Ocasio JoeTomberg Secratary, Student Bar Assoc. Secretary Treasurer Attorney Gefieral Secretary, Attorney General and ABA Rep• Melissa Longo ThomasProl The Student Bar Association (SBA) resentative. ABA Representative ASA Governor is your student government. In represent• The Senate Body is comprised of ing the student body, SBA acts as your link three elected Senators and two alternative Senators to the faculty and administration at NYLS. Senators from each of the 12 sections. The Senators serve as liaisons to the governing CLASS of 2000 CLASS of 2001 CLASS of 2002 SBA is also responsible for governing stu• SECTION A SECTION A SECTION A SECTIONC dent organizations. body on behalf of their sections. Damian Albergo Joe Altavilla Raymond Hayes Lisa Compango Mark Demetropolous Michael Arcati Arunima Niogi Alan Mena SBA is an extension of the Ameri• You can reach the SBA at (212) 431- Damian Fracasso Marcus E. Coleman Andrew Sterrer Angela Pilla 2899 ext. 4203. The SBA office is in room Michael Harr Gregory Kalmar" Toni Biscardi" can Bar Association (ABA). The SBA SECTIONS Kelle Gagne• President and our ABA representative at• LS, located in the Lower Level of the C Steve Fritz SECTIONS Nathalie Mandel• SECTIONE Robert Vivien Peter Martin Michael Scheinder• Julie Goldenberg tend the ABA annual meeting in a voting building. All students are encouraged to Christopher Ross stop by or drop a note in any E-Board mem• SECTIONC SECTIONC SECTIONS Gerard Strain capacity. Benjamin Darche Michael Bigelow Balin Baidwan Joanne Olson" For this millennium academic year, ber's mailfolder with any questions or con• Scott Wassmuth Graig Martin Charles Dufresne Michael H. Moore Courtney McGuinn CLASS of 2003 the SBA focuses on leadership, increasing cerns. SBA also encourages you to contact SECTIONE Demian Goldstre]' SECTIONE your section Senators for updates and in• William Cozzolino SECTION E Lauren Godfrey student helpfulness and diversifying its Virginia lvanova Tracy McDonagh productivity. formation. The SBA looks forward to a Ian Kaplan Merritt Pardini The SBA consists of an Executive successful and exciting year. Board and Senate. The Executive Board is •Alternate Senator

Student Organization News

potential bone marrow donors for Asian increase. AALSA Americans and participated in the circula• These organizations primarily in• La LSA The Asian American Law Students tion of a petition concerning incidents of volve themselves with matters of human The Latino Law Students Associa• Association (AALSA) of New York Law ethnic discrimination practiced by Den• rights a~d immigration. Using New York tion (LaLSA) is pleased to announce this School is a smaller component of major ny's. Law School as a forum for these groups to year's Executive Board: Jessica LaMarche, Asian Pacific American student organiza• AALSA is an ethnically diverse or• hold events has, and will continue to: pro• President; Nancy M. Lopez, Vice-Presi• tions such as the Association of Asian ganization and encourages interested stu• . vide wonderful exposure for NYLS in the dent; Veronica Fuentes, Treasurer; Edward American Law Students of New York dents of all ethnicities to join. For further community. Sayago, Secretary; and Charisse Espinosa, (~SNY) and the National Asian Pa• information, one can email By bringing these groups to NYLS Attorney General · cific American Law Students Association [email protected]. we also hope to educate the students as to We are especially pleased to an• (NAPALSA). -JK these topics. Although the theme is Ireland, nounce that Professor Lenni Benson has .: AAI..SA serves its members by as• the efforts of these groups are not confined agreed to serve as 04r Faculty Advisor. sisting them with the transition into the The Irish Law Students to Ireland and the Association believes that The LaLSA E-Board has planned environment of legal studies. Over the the NYLS community can benefit greatly several events and programs during the years, AALSA has established a mentor• Association from the maintenance of ties to such orga• year, which include, a mentor-mentee pro• mentee system by networking first-year The Irish Law Students Association nizations. gram; a revised and updated outline bank; students ·with upperclassmen, organized will be very active this year. The student The Association is also in the pro• community outreach events; social mixers; course selection workshops, and created a events we are planning include questiori cess of updating our "Information Bank." fund-raisers and much more. library of outlines and commercial study and answer forums with practicing attor• We have accumulated materials from var• Among the many factors that makes aids donated by past members. neys and socials with Irish/Gaelic Associ• ious organizations, events, and programs a successful student organization, one of AALSA also provides networking ations from other law schools (Hofstra, in NYC and abroad. If you are interested the most important is the continued partic• opportunities. with the NYLS alums. Past Brooklyn and Fordham). in anything from Irish Arts Programs to ipation and enthusiasm of its members. We accomplishments include an attorney men• Over the years the Association has participating as a human rights observer strongly encourage all interested students tor program, alumni cocktail reception and formed a bond with Irish organizations In Ireland, please contact our office. to come to drop by the LaLSA office and banquet; and close ties with the Asian Bar outside NYLS. Our participation, andcon• All are welcome at our meetings, and meet the E-Board and other members. We Associations on the regional as well as the tribution to organizations such as the Bre• are encouraged to attend any and ail func• are located in L2 of the Student Center. national level. hon Law Society --:--Non-Governmentai tions that we sponsor. The Association ·-NML AALSA heightens awareness to is• Organization-and the Irish Parades Erner• would also appreciate any questions and sues that impact the Asian American com• gency Committee has enabled the Associ• comments you may have, including sug• munity as a whole. It organized the ation to gain a respect with those groups gestions for events, speakers, etc. Cammy Lee blood drive in an effort to find that we wish, not only to maintain, but, to , , .:_JM/BC

New York law School October/November 1999 the l . page 13 The Life of an International Lawyer Robert J. Lorch -internships. President, Many positions are intern• International Law Soc. ships and not paid, so be prepared to spend money. Once you find a Tantalizingforeign cuisine, job early, make sure you apply for fantastic adventure, and exotic a summer loan, find scholarships, locale. What exactly is an inter• or a combination of both. There national lawyer anyway? How do are many scholarships out there you become one? When applying - you just have to find them. to law school, I stated in my per• NYLS offers a few and has - sonal statement that a large part mation on others. of my attraction to international As an alternative, or even law was "the process of how the better, in addition to an interna• creation of laws shape world tional summer position, there are events and affect the lives of in• many study abroad programs that dividuals and of society." Now as American law schools sponsor all a 2L, I look back and remember over the world. Just pick what one question I really wanted an• country you want to go to and you swered while writing that state• will likely find a school that spon• ment. How do I become a part of sors a study program there. Be• "the process?" Well, the path to• sides being able to live in a wards involvementis different for foreign country for a few weeks, everyone, but there are a few you will also be able to take cours• things I know of that can help you es that will teach you more about start the journey. international law, or even cours• If you would like to work es you need to help you pass the abroad over the summer, there are bar. quite a few opportunities out As for what you can do there. However, you must be per• now, many schools and associa• sistent in finding them and you tions (including NYLS) host need to start your search ASAP. guest speakers on international Applicationdue dates pass quick• law. The NYLS Center for Inter• ly, some as early as September. It national Law hosts such events was not until March of last year You can also join the Inter• that I sat finally sat down with the national Law Society at NYLS, NYLS career services's books which has information on this ar• and the Internet to begin my ticle, sponsors discussion panels search. This is ·a bad idea. As I of practicing international law• soon found out, iitost of the dead• yers, international moot courts, lines had past and my options had and much more. become more limited. It is a pain So, how can you become a finding a job domestically, let part of "the process"? Start early, alone one overseas. be aware, work hard, and always Remember as well that it remember what it is about this takes a while to send things by world that drives you to be an "in• mail back and forth across seas, ternational lawyer." so whenever possible, use e-mail. It works. Despite the fact that I For more information, con• had started my job search so late, tact the International Law Soci• I received an internship in Cape ety at (212) 431-2899 ext. 4193, Town, South Africa using e-mail. or email [email protected] or Which brings me to my next point [email protected]

New York law School page 14 the l October/November 1999

To all members of the NYLS community:

I just wanted to extend a warm welcome to the first• year students, returning students, faculty, and staff. If there is anything that my staff or I can do to assist you, please do not hesitate to ask.

You may stop by, call x2315, or e-mail us at [email protected]. Best wishes for a successful 1999-2000 academic year.

Sincerely,

Michael Dwyer Bookstore Manager

Cuba • Continued from page? • American press presence plays right into the hands of Castro, who has noted his in• herent distrust of foreign journalists." What AS AN EGG DONOR, Schmidt and Goldberg suggest is that we "open the eyes of both countries." In ef• YOU CAN GIVE· fect, it would provide Cubans with "posi• tive images of life in a democratic society." And for Americans, "news stories run THE GIFT OF LIFE. about Cuban life would spur a renewed interest in establishing relations with Cuba." It is important to experience the plight of Cubans and their resolve under impoverished conditions, in order for there Seeking healthy women. to be a "want to assist them." ages 21-32. to donate eggs to infertile couples. ··· · -. The Brooklyn Journal of Internation• $5.000 compensation for your time and effort. al Law reported that, "in 1996, the United -·. _. ·. "'-. . Nations voted 137-3 for a resolution call• Law Scll1111s harll. · ingfor an en9.~9, the Cuban embargo by Realllill Qll l ls 1111. Treatment cycle monitored at the United States.' Such a strong vote sig• Reproductive Medicine Associates nified' that the thirty-year embargo has not on the Upper East Side. carried favor with the rest of the world." CNN recently reported that there is "a congressional push to allow sales of US For more information on being food and medical supplies to the island." an egg donor. please call This is the result of Cuban-Americans ac• I (800) 824 .. 3123. tively lobbying Congress to ease restric• tions in order to gain access to the Cuban people. . . : There is still much that needs to be REPRODUCTIVE MEDICINE Assocurss, LLP done, I hope I have left you· with an im• 58 East 79th street, New York, NY I 0021 i>r~s.si().n ih11i. remains. with you until the next D)ajtir election ·when you can elect l~aq~rs whowill influence the legislation Associated with andthe policy. made by the us with re• The Institute for Reproductive Medicine g?f~ to Cuba .. and Science of Saint Barnabas Medical Center Livingston, •

New York law School October/November 1999 the l . page 15 lnConcen NYLS Center for International Law

Tricks, Bastards Symposium Series at the Association of the Bar of the City of New York & Voices 42 West 44th Street (between 5th and 6th Avenues) A Bona-Fide Rock 'n Roll Experience in Philly Moderator. SYDNEY M. CONE, III Lauren Locascio the music was so infectious and the crowd C.V. Starr Professor of Law was whipped up into such a frenzy that all Director, Center for International Law It was Saturday, September 18 when was forgiven in the sweaty romp. New York Law School I made my solo pilgrimage to Philadelphia, While I had seen Those Bastard PA for an evening that made its mark on Souls and Guided by Voices countless rock history (if anyone out there is keep• times, I had never been to a Cheap Trick Wednesday, October 13, 1999 ing track). So what if my time spent on the concert. It was an almost morbid curiosity bus equaled the amount of time I was ac• that got me on that bus. Would these 70's States' Rights v. International Trade: tually in Philly? I was on the guest list. rockers pull it off? What did they look The place was Philadelphia's Elec• like? Could they still hit the notes? Had The Massachusetts Burma Law tric Factory, a large gut• they been rendered pen• In recent years, many state and local governments have passed laws restricting trade ted structure with niless by sleazy man• with countries whose policies they disapprove of or deplore. One such measure, the surprisingly excellent agement-despite the Massachusetts "Burma Law," restricts state purchases from companies doing busi• acoustics. The line-up fact that Live At Budo• ness in Burma (now known as Myanmar) because of alleged human rights abuses. consisted of Those Bas• kan went triple plati• After being held unconstitutional by a federal appeals court, the law is now poised tard Souls (my personal num-and are now for review by the Supreme Court. favorite) opening up, forced to do reunion The case raises important issues under federal and international law. May states followed by Guided by tours in order to pay the and localities pass laws impinging upon foreign commerce and obligations under Voices, with Cheap Trick rent? international trade agreements? 1f the case is reversed and the law upheld, what will headlining. The crowd went be the implications for the World Trade Organization? Those Bastard nuts as Cheap Trick took Souls kicked off the the stage, hammering TI IO MAS A. BARNICO PETER J. SPIRO evening with polished out their version of Fats Assistant Attorney General Associate Professor of Law brilliance. Prior to the Domino's Ain't that a Commonwealth of Massachusetts Hofstra University School of Law Philly show, Those Bas• Shame. Vocalist and gui• tard Souls (TBS) had tarist Robin Zander was PAUL R. DUBINSKY JOEL P. TRACHTMAN toured through NYC. styling in a purple vel• Associate Professor of Law Professor of International Law Because their tour coin• vet suit, eerily demon• New York Law School The Pletcher School of Law and cided with the CMJ Mu• strating what Kurt Diplomacy, Tufts University sic Festival, the Souls Cobain might have ended up playing to looked like in twenty 7:00 to 9:00 pm in the Stimson Room smaller rooms. years (had he lived and kicked both Court• And while having seen TBS perform ney and the Heroin). Zander's voice was their heart wrenching ballads and folksy in fabulous shape. · Monday, October 25, 1999 blues numbers in an intimate venue was Guitarist and overall front man Rick an experience not to have been missed, Neilson also looked well, as good as he Multi-disciplinary Practice (MDP) checking them out at the Electric Factory ever looked. His mastery of the guitar, and Certain lawyers have been seeking the right to form partnerships with non-lawyers was. mind blowing. They were able to play his mastery over the crowd, was awesome. such as accountants, elder-care advisors, and financial analysts. In addition, the Big at a volume that I had not yet experienced Zander and Neilson strutted around Five accounting firms have been seeking the right to render legal services to the and the power behind the mix lent their with arena-style flamboyance, utilizing public and to acquire their own law firms. In each case, the objective is to engage in rock tunes a richer and more complex their arsenal of guitars between each song multi-disciplinary practice (MDP). Recently, the ABA issued a long-awaited report sound. The act was tight; TBS seemed as to continually trade-in for more impressive on MDP.. The Symposium will discuss and analyze the issues relating to the needs of excited as the audience about the show instruments. They played all of the old fa• clients and the professional responsibility of legal practitioners under MDP. ahead. vorites (what else would they play?), Sur• Guided by Voices were up next with render, Dream Police, I want you to want ALISON CRAWLEY Bob Pollard (vocals and all-around mas• me. The kids loving it, the band recipro• I lead of Professional Ethics DEBORAH H. SCIIENK termind) delivering up a mighty dose of cated with great enthusiasm. I yelled so The Law Society of England and Marilynn & Ronald Grossman thoughtful lyricism and the rock-and-roll loud that Rick Neilson threw me a guitar Wales, J .ondon Professor of Taxation antics, which his fans have come to adore pick which beamed me in the forehead (no School of Law and expect. He came on stage drunk as hell, solicitations, please). L. HAROLD LEVINSON jumping around, kicking high, swinging his An excellent show, the above bands Professor of Law BERNARD WOLPMJ\N mic and belting out songs that beg to be come highly recommended. A great time Vanderbilt University School of Law Fessenden Professor of Law blasted in a fast car with all of its windows was had by all the night of September 18- Harvard University School of Law down. with the possible exception of the kid sit• LUCINDA A. LOW Bob pounded Heinekens, danced ting next to me on the ride back home who Partner, Miller & Chevalier backwards into his fellow band members had to hear about all of this. Washington, DC. and botched some of his lyrics. However, 1 :30 to 5:00 pm in the Stimson Room

Admission is free, however seating is limited. To RSVP, please call Michael Rhee at (212) 431-2865 or e-mail [email protected].

New York law School page 16 the l . October/November 1999 Summer 1998 Bar Exam Pass Rate:.· NEW YORK LAW SCHOOL 0 J 9 Students Supplementing With PMBR (219of239 Passed!) Increase Your MBE Score ... Increase Your Odds Of Passing! 1

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