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10-2002 De Novo, vol 1, no, 2, October 2002 New York Law School

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Recommended Citation New York Law School, "De Novo, vol 1, no, 2, October 2002" (2002). Student Newspapers. 56. https://digitalcommons.nyls.edu/newspapers/56

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11DOWNLOAD11 HAS TRY NOT BECOME A DIRTY WORD? BY MANDIE FORMAN The incident involving Professor usage policies TO TALK! Samuels brought a very important c) Internet security, privacy, and issue to light. Is there such a thing as usage policies too much in terms of technological The Commitee will review freedom? The accessibility of what's policies of major universities as the available to us everyday via the basis for developing our own Internet has become practically a community standards. The given. Most students at New York Committee will then present a draft Law School have either a private to Dean Matasar early in the spring computer at home or have ready semester. The faculty approval access to one. Everymember of the processwi ll follow. NYLS Community has access to a One of the goals is to put in computer on the school premises. As place a clear understanding of the technology stands now, where the boundaries lie in terms of students, faculty and staff can look school web server usage. As up whatever they wish on school mentioned before, the school has a owned computers. The problem greater capacity for storage now arises when students store then in the past. Policies concerning information and download material appropriate, and inappropriate from the web to those computers. As school computer use have not been the school increases the amount of written down anywhere. There is a information that is able to be stored, sense that incidents like what in efforts to upgrade the system,the happened with ProfessorSam uels, implications for misuse of this and the various viruses that have privilege increase as well. In fact, the appeared on the system in the last schoo\ has iust recently introduced a tew years have created the need tor brand new wireless network in the some sort of formal structure. \\bm{'-f, -wnicn a\\o-ws s'ludenh 'lo \ne cfea1ion o' 1\'\is Comm\'l'lee is \n achieve Internet access without no way meant to threaten the plugging into the system Ms. Alta freedom of student's access to Top 5 Utterly Worthless Class Comments Levat, Dean of Public Affairs, and computer technology at school. Look on the bright side - nobody will ever ask you to speak again ... ever Dean Richard Matasar offer some There are legitimate reasons why insight as to how this issue may be people use the web at school such 5. "At least I was confident" dealt with in the future. as: research, typing documents, e• - Comment made after professor told student his answer was wrong. The Dean has recently asked mail, etc. The school does not have Ms. Alta Levat, to create the an interest in censoring or policing 4. "Who do you bill for the time you take to write the bill" Network and Internet Usage Policies the use of the web, because to do Committee which will review so would interfere with a legitimate - In context of class discussion on billing hours. technology usage and policy as it enterprise. The school recognizes concerns the school. TheCommittee that there is a First Amendment right 3. "Just a few drinkson the weekend" has been charged with drafting to free speech implicated here. NY policy guidelines in the following LS is not a state institution, thus by - Called out in context of lies we tell doctors. three areas: virtue of being so does not have to a) Network security, privacy, and adhere to certain public standards 2. "What about if you're on a plane, spending more time because of usage policies of content. All that the Committee time zones" b) E-mail security, privacy, and Continue on Page 1 O - Same student as in #4 (and same class), wondering if you can bill a client for extra hours gained by virtue of crossing time zones or Int'/ Date Line.

VOTE: 1. "I DID NOTREA D!" IT DOESN'T EVEN HURTsraw1GHTDAY - Mr. Johnson shouting in class when called on. Election Day is almost upon us, and giving the less-voiced a voice. have limited debate on the bill, the many may be tempted to take a There is no question that a four broke ranks. Senators Susan passbecause it is a midterm election more moderate stance to any Collins and Olympia Snowe of and a non-presidential year. To do extreme can be taken. Forex ample, Maine, Gordon Smith of Oregon and INSIDE that would be egregious, not only President Bush signed the Mychal Lincoln Chafee of Rhode Island because the right to vote is so Judge Act into law on June 24th. joined 49 Democrats and an precious, but also because the Named after the gay New York City Independent who voted for the EDITORIALS 2 balance of power in both houses of 'closure motion', which also would Fire Department chaplain who died LETTERS TO THE EDITORS 3 Congress is narrow and so many in the September 11 terroristattacks, have kept opponents from races are dead even. the law provides federal payments attaching unrelated amendments to IN-DEPTH It would also be to the beneficiaries of public safety the bill, hampering its passage. All POINTLESS POLL unacceptable because we are officers killed in the line of duty with four Republicans are co-sponsorsof living in a new era, going down an no survivmq legally recognized the hate crime measure, the Local ADVICE AND ANGST unchartered path where the Law Enforcement Enhancement spouse, child or parent. The law MUSIC AND SOOK REVIEW executive branch of our specifically covers same-sex Act. government is taking us where we domestic partners and treats all So, it's not impossibleto have GAMES have never gone before. It is our differences and still meet on American heroes equally. SILICON AND CELLULOID 1 important now more than ever: that Additionally this summer, four middle ground. Just two weeks ago, we elect or re-elect fair-minded Senate Republicans resisted intense I had the pleasure of having lunch AN AFFAIR (PART 2) 11 people. We can have neither the left with my fellow two editors and pressure from their party leadership INTERVIEW WITH ALUMNUS 12 nor the right pulling us to an extreme. and voted to move ahead on the although we strongly disagreed on We need more centrists and hate crimes bill. As the GOP leaders the President'spolic ies, we were still SLICE OF LFE PICTURES 15 moderates to tone down the pushed for a vote against a able to agree on certain points. rhetoric coming out of Washington technical procedure that would Before we were kicked out of the as well as to create a balance, while restaurant,co ntinued on p.10 Page 2 De Novo EDITORIAL October

WHAT A BEAUTIFUL NOISE DE Novo By Lisa Petito COPYRIGHT 1 2002 DE Novo T h e another place. when I was playing kickball and sounds of Every week I walk down chasing the boys at recess. Then I Editors-In-Chief the city Greenwich Street to get lunch at a start to think ... everyone needs Lisa Petito always local eatery. As I do, I pass by recess. Especiallywe law students, Dwight Day seem to Independence School on Chambers we need recess. We need a David Steingard be sounds Street. Every week it's the same playground, a place where for a 0 f sound and I get the same warm half an hour out of the day, we copy Editor agitation feeling inside.... It's RECESS! have nothing else to do except run Dena operrnan a n d The sounds coming from those around and "play." We would not children are like a perfectly have to think about school, work or Staff Writers the one hundred other things on David Freylikhman orchestrated symphony. Everybeat, Mandie Forman every note is in sync, although they our minds for at least 30 minutes out of the day. Mr. P annoyance. Hornshonking, people have never rehearsed it, never Frank Raphael Fora half an hour out of the yelling... everyone is in a rush. These practiced it and in fact they don't Int. staff Writer of Mystery sounds can almost instantaneously even know they are doing it. It's the day we could be kids again. Martin Morris bring on stress. But there is one sound of life, peace and of pure Maybe the idea is far fetched, but ornotolu o. ldowu sound of the city that brings a smile happiness. take a walk down to Greenwich Tammy Fastman to my face, and fills me with Hearing the yells, screams, and Chambers at 12:00any day of inspirationand hope. The sound is so laughs and the innocence of kids the week and tell me that you Photographs By invigorating that it transcends me to playing brings me back to the time don't get nostalgic for recess Tammy Fastman period. Lisa Petito Printed By BOTTOM FEEDER\ MY ASS vanguard Printing and it turned out that the associate that night, I went back to finishthe Design and Layout How proud I felt as I read last was a recent NYLS graduate. article· and saw that it wasn't all David steingard month's Student Lawyer only to see Needless to say, the interview went that bad after all. I had to put it in Professor Simon's "What Kind of well. a light most favorable to the Business Manager Nation: Thomas Previously,I also responded community and to the Dean. It's Lisa Petito Jefferson, John to an ad from Emplawyernet and bad enough that we have to see Marshall, and was called in for an interview and that we are a third tier or fourth tier Business Assistant the Epic after meeting with the main law school when the national Eva Ogorek Struggle to attorney, with whom I would be rankings are published each year Create a working, I was introduced to the in U.S. News, but to have an article Founding Editors Lisa Petito other three attorneys in the firm and praising our Dean at the expense United States" Dwight Day featured in the it turned out that one was an of the name of the school is rather David steingard Recess column alumnus of NYLS. I don't know if that troublesome. But come on, it was by Dennis played any role in me getting the not written by our Dean. Callahan, a third year student at job. It doesn't change the fact De Novo is the voice of the New York Law School community. we keep the William and Mar.ySchool of Law. So can you imagine how that I am a proud NYLS student. communit:v informed and entertained. De However, what put the icing disturbed I was when I read the You should be too. I am very Novo Is an independent. student-run newspaper and is released once every on the cake was when I got to the article entitled Not YourFather's Law optimistic that most, if not all of us month while school is in session. The paper front of the magazine and noticed School Dean in this month's issue of will find jobs after law school no welcomes contributions from students, faculty, alumni, staff, and all members of that our very own Lauren I. Godfrey, L. Like many students, I was matter what our rank turns out to the NYLS community. Please include your a fourth year evening student, here perturbed to know that I was be. Of course this does not mean name, telephone number and e-mail at NYLS, is the new Chair of the attending a "bottom feeder school" that we should not strive to be in address with your submission. The Editors-in·Chief have sole authority for American Bar "Association, Law and that I probably would never the top l /3. Nevertheless, all of us the content of the newspaper. All inquiries Student Division.(Yes, I was reading have gotten into any other school will not be in the top 30%because or complaints should be directed to them the magazine from back to front- I (although I got into three others and it is just not possible. at the address below. The views expressed herein are not often do that). I have never met was waitlisted in another). I was not If you find yourself in the necessarily those of De Novo, any of its Lauren, but I still felt proud because delighted at this article that battered bottom half, take Prof. Marino's editors or staff members, or the students, she is one of us. and painted the school that I was New York Practice and/or New faculty or staff of New York Law School. York Law in National Perspective. Advertising rates are available upon Over the summer, I also met paying so much money to attend in request. Acceptance of an advertisement two alumni by pure chance. I had such a negative light. It's a great class tying several· does not imply approval of policies of the an interview at a small law firm in Ok! So I got upset midway subject areas together plus he's advertiser. All Rights Reserved. De Novo is free on campus. midtown. After the interview with the through the article. I even went to great! Take other courses that are Please address all submissions, letters, and partner, he sent me to his associate class and listened to all my fellow tested on the Bar. Sign up for other correspondence to: for the second part of the interview students voicing their outrage. Later BarBri, Pieper and PMBR. Do whatever it takes Editors-in-Chief to increase your De Novo c/o New York Law School THE BEST KEPT SECRET chance of 47 Worth Street, room L2 passing the Bar New York, NY 10013 BY DAVID STEINGARD the first time you Phone: 212.431.2988 x4202 There is a that says, "Something is wrong". We take it. What is important is to learn Fax: 212.202.6432 secret kept by walk through our lives and at each as much as possible and get the E-mail: [email protected] e a c h turn face injustice, cruelty, and most out of law school. After all we individual of lawlessness. We hear that which is are paying for it. such size and divine within us scream for change, magnitude for remembrance, but we keep that the mere walking on actually forcing ourselves mention of it to believe that what we see must be would change what was intended. DEADLINE our lives Now is the time for honesty. endowed by their Creator with forever. It is only allowed to stretch Now is the time to reveal this certain unalienable Rights, that its legs in the privacy of our own universalsecret common to all who among these are Life, Liberty and FOR minds and even then not for too walk the earth. Now is the time to the pursuit of Happiness?" If we long. We find ourselvesfrom time to admit to ourselves that we cannot recognize the beauty and truth in NOVEMBER time wishing somebody else would wait to see where the world is going these foundational sounds of say it and the burden would be lifted but need to decide where it should America then we must stand to ISSUE: but somebody else would do the go. ensure that they do not suffer at work. It is never spoken, the burden Amidst the darkness of the hands of contentment. If these OCTOBER 31 never lifts and the responsibility confusion lies the light of principle. truths do not resonate with us it always lies with us. Upon birth the The very nucleus of this nation is the begs the question why? We must "divinity which shapes our ends" recognition of "the separate and rediscover the core principles of whispersto us, it can be better. equal station to which the Laws of civilization that allow all to live with We have all been privy to the Nature and Nature's God entitle" us. the full dignity of human beings. universal secret of perfection, this Do we or do we not "hold these Law is for everyone, wealth is for screaming from our heart of hearts truthsto be self-evident, that all men everyone, liberty is for everyone are created equal, that they are and happiness is for everyone.

GEORGE Ill DIARY ENTRY ON jULY '4TH , 1776 "NOTHING OF IMPORTANCE HAPPENED TODAY" October LETTERS TO THE EDITORS De Novo Page 3 EVERYBODYS GOT AN OPINON

Dear Editors: Dear De Novo:

In your last issue, Omotulo 0. ldowu characterized her experience I wrote the following memorandum to all members of the NYLS community. two years ago in the required first-year Legal Reasoning, Writing & Research I have already distributed it to the faculty, but The Office of Student Life and Written & Oral Advocacy courses as: "(a) necessary evil all students refused to disseminate it via e-mail to the students. I think it might be must endure ... " and wondered whether changes have been made since worthwhile for you to consider publishing it. her first year. Noah P. Melnick This two-semester sequence introduces students to fundamental lawyering skills. It is applicable to all their other course work, and which they To: All Members of the NYLS Community will practice and refine throughout their legal careers. Year after year, upper• class students report how invaluable their first-year writing courses were in From: Noah P. Melnick teaching them how to think, write and speak like lawyers. President Recognizing the importance of these first-year writing courses, the The Evening Students' Association For Academic Excellence faculty voted (in the fall of 2000) to add a credit to Legal Reasoning, Writing & Research to enable classes to meet twice instead of once a week and to Re: David Kirp's article, Saving New York Law School, published in the "L" ensure that the credit a student receives accurately reflects the workload of (a special publication of The American Lawyer delivered to every law the course. The change, which took effect in the fall of 2001, has allowed school in the country free of charge). The Writing Program to restructure the course so that professors can spend more time teaching the fundamentals of legal analysis and students can Date: October 7, 2002 have .more opportunities to receive feedback on their written work. I am compelled to write to you today not by virtue of the fact that Our students now benefit from the close relationship between the an article critical of NYLS was written and published nationally, but rather first-year writing courses and the course textbook, The Lawyer's Craft:Written because the ammunition for that article was provided from within NYLS. by members of the The Writing Program, the Lawyer's Craft was designed As you may or may not be aware, the article to which I refer, Saving and written to support the NYLS skills pedagogy. The Lawyer's Craft was first New York Law School, written by David Kirp, was recently published in the "L", available in book form in January 2002 and has already attracted a a special publication of The American Lawyer. The "L" is available from The following at several other law schools. It has been adopted by the law Office of Student Life and copies are additionally on file with the ESA. The schools at the University of Texas and the University of Virginia, for the entire article, written after numerous lntervlews with the faculty and administration, first-year student bodies, and also for use in various sections of the first-year lambastes NYLS characterizing it as a bottom feeder. Special attention is writing courses at the law schools at the University of Wyoming, St. John's paid to the students of NYLS who are, according to Kirp, far from what they University, Ohio State University, North Carolina Central, and Touro College of should be. Kirp even goes so far as to characterize the bottom 25% of the Law. students as an embarrassment. The faculty on the other hand, Kirp suggests, - While learning how to think, write, and speak like a lawyer is certainly are mostly nationally known experts. The focus of the article is on Dean not easy, it is the foundation for all that follows in law school and beyond. If Matasar as savior of a failing institution. Perhaps the only thing Kirp manages you have any questions about the Writing Program, please contact to get correct is that we are constantly and collectively striving to make ProfessorsCathy Glaser, Elizabeth Rosen, or Lynn Su. improvements to NYLS. Sincerely, Upon reading Kirp's article I was simply appalled. Not by the Jethro K. Lieberman substance of the article per se, but by the fact that certain faculty members Associate Dean, Professor of Law, and Director, provided Kirp with the ammunition to write this piece by making Writing Program extraordinarily negative remarks about NYLS. It is one thing for faculty to criticize each other, tight with the dean, cal\ students stupid (believe me it happens), and work to effect change from within, but it is something else I ,ilf:v entirely when certain disgruntled individuals feel tffe neea to toke their issues pub\\c and in so doing bring disgrace to the institution that is NYLS. \his becomes particularly meaningful when the forum chosen for such disgruntled muckraking is a magazine delivered FREE of charge to every /aw "The rumors of my death have been greatly exaggerated." -Mark Twain school in the nation. Law students, future lawyers, read it. Faculty members from other law schools read it. Lawyers and judges read it. What kind of a Dear Editors of De Novo: message does it send when we take private disputes and make them public? I picked up your premiere edition only to find the first item you run, in - New York Law School was founded in 1891 and while our past is the first column of the first page, states "The L... and its staff are no somewhat checkered our future looks bright. Most of the faculty and more." As a former staff member of the L I'd like to state that I am alive administration are working hard to make improvements - as a student I have and well and so is everyone else on last year's staff. Your following a great deal of respect for that. We are evolving as an institution, as we sentence states: "(We are not) looking to uncover every administrative should be, to a state in which we are each accountable every single day in mishap." By this did you imply that the L was too intense for NYLS? If so, every way for OUR reputation. When disgruntled individuals take potshots at thank you! It meant we were doing our job. those efforts by referring to them merely as "sound and fury" and with remarks like "the pecking order is firmly established" (read: NYLS is on the Seriously, how about a little appreciation for the Department of bottom and is going to stay there), the institution is disgraced; the Defense-Grade equipment we left you, and the advertisers we connected administration, the faculty, the staff, and the students are disgraced. you I tell disgruntled classmates all the time, transfer if you do not like it with? Imagine the "administrative mishap" that would have occurred if you here, or STAY and help us make it better! I would say the same thing to any tried to get these resources out from the School itself. disgruntled member of the NYLS community: if you do not like it here then by all means leave, or stay and help US make it better. Either way, private Furthermore, Where's the news regarding Ed Samuels? disputes should remain private to avoid disgracing oneself and the institution that is NYLS. Now before you give me all the good reasons why you didn't run it, I justwant Karl Llewellyn, once wrote, "You do not learn, we teach. To the to remind you that New York Law School's student newspaper (be it DeNovo, extent that you learn, we may be said to teach." I have had the privilege of or the many incarnations before it) is first and foremost the School's working with and for many members of the faculty and the administration paper of record. If De Novo does not report on the relevant current events and I have learned. I am still learning and I hope to continue to do so. I as intelligently and objectively as possible, then it is not a newspaper, mean no disrespect to any member of the NYLS community by writing this plain and simple. message. It is because of the principles I have learned here at NYLS that I feel compelled to bring this matter to the attention of every member of the Don't get me wrong. I think De Novo looks good--! give kudos to your NYLS community. layoutpeople--and I appreciate the lighter approach you choose take (I hope you can maintain that outlook). I take no genuine offense to your In closing and in response to some of the quotations in the article, I would statements and! wish you the best of luck. Seriously, good luck. remind you of the old adage: if you're not part of the solution you're part of the problem. Moreover, I would suggest that to the extent we believe the Now if you will excuse me, it's my lunch. pecking order is firmly established, it is. To the extent that we believe our efforts are no more than sound and fury, they are and cannot be anything more. To the extent that we can open our hearts and minds to change, we Edward F. Westfield Jr. can and will make it happen irrespective of the efforts to the contrary of a Attorney at Law few disgruntled individuals. NYLS Class of 2001 Founding Editor, The Lat New York Law School (AD. 1998-2002) P.S. For the record. not everyone quoted in the article had negative things to say and this message is not in any way meant to criticize those individuals who made positive comments.

THE RARE METAL GALLIUM MELTS AT 86 DEGREES fARENHIET Page 4 De Novo IN-DEPTH October WHAT IS THE CHILD PORN LAW?

BY MANDIE FORMAN

About a week before school started class E felony punishable by up to widely drawn may be to encompass nude pictures of women in their 20's this semester I got a frantic early three years in prison. a variety of material that doesn't fit or older. When the material depicts morning call from one of my Section 263.l l of the New into a specific classification- in other non-children a crime has not been classmates; no "good morning" or York Penal Law covers possessionof words to allow for acts not thought committed. Also, it is an affirmative "how are you?" all he said was "Go an obscene sexual performance by of by the framers of the Penal Code. defense to possession of an obscene get the NY Post right now!" Since I a child. It states that "A person is But the thought that just because sexual performance by a child that was inclined to stay in bed I guilty of possessing an obscene something lacks seriousartistic value, the defendant in good faith persuaded him to tell me what had sexual performance by a child when it may be considered obscene, reasonably believed the person happened. As he began to speak I knowing the character and content seems to opening up another issue. appearing in the performance was could feel my mouth drop open. I thereof. he knowingly has in his Where is the line for what's artistic sixteen years or age or over. thought "How could this be?" But my possessionor control any- obscene and what's just obscene? Are nude I had an opportunity to speak with own purchase of the paper later performance which includes sexual pictures on the wall in an art exhibit Dean Richard Matasar about the that day only confirmed it. Professor conduct by a child less than sixteen really so different from nude pictures incident at one point and I asked Edward Samuels, a member of our years of age." This charge differs on one's computer? him what impact he thought it had if faculty for 25 years, a distinguished from section 263.16- possessionof a It seemsthat the law draws a any upon the NY Law School colleague and friend to many, and sexual performance by a child by distinction when the material community. He suggested that there my first year Contracts professor• use of the word "obscene". The word involves a child. In New Yorka "child" were a few reactions that most accused of possessing child "obscene" is defined in a separate is someone sixteen and under, in people had experienced. Hrst. a pornography. [t just didn't fit. For section, 235, and has several some states it's seventeen and human kindness reaction - sympathy those of you who saw the article you applicable definitions. In other under, or even eighteen and under. for him as a person and longtime may remember that it read like words, the facts may fit any of these The rationale behind punishing for member of this community. something straight out of The definitions to constitute "obscene": promoting, possessingwith an intent Secondly, worry that there might be National Enquirer. For those of you a) if the average person, applying to promote, or just possession of some negative reactions about it who didn't see it maybe you have contemporary community standards child-pornography is that the that would reflect poorly on the heard the seriesof rumorsthat have would find that considered as a industry harms those who cannot school. And thirdly, discomfort and been circulating ever since. I had whole, it's predominant appeal is to give consent. In the mid- l 990's, a tension between how community many questions as a result of the the prurient interest in sex, b) it man gained access to the children members feel about him as a article in the Post. Were these all the depicts or describes in a patently in a private German or possibly professor and colleague, and how facts? What exactly is he being offensive manner, actual or Danish kindergarden and over a they feel about the subject of child• charged with? And what is the law simulated: sexual intercourse, period of years took thousands of pornography and the possibiHty of on child pornography in New York? sodomy, sexual bestiality, nude photographs and videos of his involvement. It's understandable This is an attempt to clarify my masturbation, sadism, masochism, girls between the ages of 3 and 6. that people have personal and questionsand yours. excretion or lewd exhibition of This so-called "KG" (kindergarden) moral conflicts with this subject. ProfessorSamuels has been genitals, and c) considered as a series represents one of the most The Dean's position on this matter is accused of possessing pictures of whole, it lacks seriousliterary , artistic, prized porn collections available on that which the Law itself promotes under-age girls on both his home political, and scientific value. It the internet today. There is still the and protects- someone charged and office computer. According to seems that the range of what's more sought-after hard-core version, with a crime is innocent until proven the Post and the Daily News, the considered obscene is widely drawn "KX," in which child are depicted guilty. He urges that the bottom line pictures were discovered in early here. On one hand you have the performing sexual acts upon adult is that we don't know the facts so we June when school technicians very definite classifications of rn,en. The tact that children are not ought not make judgments, end just stumbled onto a folder in Samuels' sodomy or sadism, and on the other capable of knowingly consenting to let the criminal justice system play Windows systemwhile trying to fix his hand the material may just offend such material justifies its status as a itself out. At this time there is no computer. A police search later the "average person, applying crime under the law. information as to the nature and uncovered pictures that had been contemporary community Now an obvious question here is how type of photographs Professor downloaded both at home and at standards,"or it may be "considered does one know that it is indeed child Samuels is accused of possessing. He his office. Samuels is charged with to lack serious literary, artistic, porn? Countless Web sites claim to has a motion hearing scheduled in possession of an obscene sexual political and scientific value." The be offering "kiddie porn" or "young NY Criminal Court next week. performance by a child. This is a rationale for why this definition is so Lolitas" while actually presenting Get J.Vbre Smile for Y

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BY DAVID FREYLIKHMAN BY MR. P

So it's nearing the midpoint of the semester and the usual panic is starting In January 2001 when George Bush became the new occupant of the White to set in. By this point, we should be somewhat familiar with the classroom House,th ings were different. One has only to look at the first 21 months of the material ... after all; the "it's-ok-to-be-a-dumb-ass" grace period must have Bush administration, in terms of economic factors, and then make up his or already expired. By now we know our professors, know what they're going her mind. to say and know their catch phrases. It is no longer acceptable to sit in On Inauguration Day, the Dow Jones was at 10,587; it's down 32.5 class stupefied by the classroom discussion, wondering if you mistakenly percent. The unemployment rate is up 36 percent. The budget has gone wandered into Portuguese 101. So all that reading you've been putting from a $281 billion surplus to a $157 billion deficit. We have also lost two off ... well, now may be a good time to get on top of it. million jobs. One would think that Republicans would not be comfortable It's always easy in the beginning of a semester to let things slide. You just running on that kind of record. But lo and behold there is no focus on the came back from a summer vacation consisting of work (or worse yet - a economy and so this is allowed. summer of fun) and it takes time to readjust. Some of the readings pass We have had a tax cut which didn't help. The few hundred dollars by, you take your chances in class, and you know that it's only the that we all received in tax rebates was gone in a week and I haven't really beginning. There is plenty of time to learn whatever it is you don't seen a difference in my meager paycheck. understand. Until recently, the Democrats in congress had become spineless, But then you spend a month drifting along until you read an article in the afraid of standing up to their obligation under the U.S. Constitution. A few school newspaper to get you back on track. Examsare approaching and weeks ago, it appeared that they were just about to give the President a loom on the horizon less than 8 weeks away. That means outlines should blank check to do as he pleased all over the world. It is an election year and be ready in about 4 week. It means that if you're not caught up, now's the no one wants to appear as if they are not in the fight against terrorism. time. Four tips: Although polls show a slight majority for taking down Saddam, the Democrats would be putting politics over the interest of the American l . Go to Class people by simply acquiescing to the President without much debate. It's not college anymore. No matter how bad class is, downing drinks This "if you are not with us, then you are against us" kind of rhetoric during class time isn't boosting the GPA used by President Bush in his address to the nation at the beginning of the year casts a wide blanket which does not help us in conducting world 2. Pay Attention in Class diplomacy. It cuts off all debate even here at home. The semester is 7 weeks deep. This means you should no longer be playing As someone said, "I guess if President Bush said Al Qaeda was snood on your laptop during lecture or text messaging your friend on the related to the Democrats they would vote to bomb themselves." It's just other side of the room. Listenand take notes. pathetic that the voice of the left has become so weak. Where are the moderates? 3. Do Readings Ok, we just recognized the one-year anniversary of the 9/11 attacks Stop skimming the cases and relying on Legalines. Read some of the real that caused the deaths of thousands of innocent people. However, has cases from the actual casebook. anyone stopped to realize how many innocent people have died overseas at the hands of our government? Make no mistake, we could multiply the 4. Work on Outlines number times hundreds and the result would be shocking. Those outlines you scored from last year are very impressive - but if you're The U.S. is at a time in its history when it's probably at its strongest the type that plans to rely on an outline, do your own. Of course, you may militarily. I used to believe that the U.S. was a country that used its power to be the type that plans to study without an outline. In that case, start champion democracy. I had to rethink that thought lately. We have had to organizing your notes and materials. give up so much since 9/11 and who knows we may still have to give up more. Do the best you can, because wasting $30,000 a year is never a smart move. But if you insist on slacking, it's your call ... 1'11 enjoy the extra elevator The reality is we go in and bomb and then withdraw. The U.S. is not into elbow room once they boot you. nation building. President Bush who be tore 9/ I I , seemed to be an isolationist, a non-interventionist and not for U.S. troops all over the world, has now post 9/11, made a 180-degrne turn. Nevertheless, this is not the time for a lone cowboy attack and we should not be risking the lives of American troops for a family vendetta. continued on p. 13 PEOPLE'S OPINIONS ON POINTLESS PROBLEMS) In last month's issue of De Novo, Krysia, the advice columnist, received a letter from "Delivered a Dilemma." Delivered, was in turmoil over her current boyfriend, who appears to lack vision for his future. She's attending law school and moving up in the world while he seems to be content staying right where he is which happens to be in the pizza delivery industry. Can a lawyer ever successfully date and maintain a long lasting relationship with someone whose life circumstances are not, shall we say, on his or her level? CAN A LAWYER SUCCESSFULLY DATE "DOWN"?

LA Babadoro,a: Yes, I w°"'1 defni:ely date a man vd'IO ;s not a professonal ntet.gence i5 the I 5optlia Pblas, 1: ftst 'thng bok for n a man but I recogme that ;t I wouldn't dasSify ;t as I ct.cl. I woutdn't do it can be reflected ttYough an As +.r as educatonal level d~ "dO'M\" I w°"'1 not agan It doe!n't work. ncf;y,(lual n tt0re ways that Md fnanc:es go, I do not ~i: ~to~ da'tiig What~themn one's c:hoce of om.paton. have a problem dat;ng 8tilanc:e comes ;n many professonals such as the begnnng t1Y'eaten5 "down" We .-e not bom forms and ;t ;s certariy not lawy~. d~. etc. Who them on the nto the ptaee Ylhere we tater as gwnnteed by an aWty to l¥TI I to !«'/ that I lWTI better raatonshp devebps wart to be ~ He. The than ~ else? My J)a55 exans. I bok for a man dec:45o'Ve queston i5 Ylhe't1wr CUTl!lrt boyfriend wait5 to vd'IO den-onstrates he i.5 do;ng anything to be a chef. Most people awareness, ~r;ty ancl leadershp. Love for an iTpl)Ve hi5 s.i:ua'b:ln. would vrew that as "not be;ng on rrry level" I say, ntelgent man vd'IO "you're ;ust jealou5 because demonstrates these I have ~ to cook rrry ~ ;s on the road to meals for me YChesi I get nglrteou5 ~ This i5 hotrre from WOl'K." tt0re iTpOt'tant to me than ther c:hoce of ccner.

70% OF AMERICANS WHO GO TO COLLEGE DO IT JUST TO MAKE MORE MONEY.

I Page 6 De Novo October

/ OWLS

OLDER AND WISER LAW STUDENTS OPEN 7 DAYS A.~ MIDNIG OWLS is a new student organization at NYLS aimed at promoting the unique concerns and interests of the school's non-traditional students. One of the group's goals is to provide a forum for socializing and 295 GREENWICH ST. networking where members can utilize their life and work experience to BETWEEN CHAMBERS AND WARREN help themselves and fellow OWLS.

According to NALP(National Association for Law Placement), the traditional starting age for law school is 22, but nationwide nearly 1 /3 of the graduates BUSINESS LUNCHEON in 2001 were over 30. Several law schools around the country now have their own OWLSg roups Served on Premises Only 11 AM- 4PM and they were featured in last November's ABA student Lawyer. The article included interviews with several New York Law School students and even our INCLUDES: aJP OF SOUP, FRENCH FRIES YOUR own dean Richard Matasar. The article summed up OWLSi n it's subtitle by stating that "second-career COFfEE OR SODA law students may be out of the habit of studying, but they bring a wealth of CHOICE real-life experience to the classroom and the profession." OUR FAMOUS JUMBO 70Z BURGER 6.45 It's important to note that NYLS discourages any kind of exclusionary GRIUED CHEESE practices so OWLS does not have a minimum age for membership. The BACON, HAM OR TOMATO group will focus though on issues, such as balancing school with family and work, that concern "older" students. So we welcome anyone who considers NA, CHICKEN OR EGG SALAD SANDWICH themselves to be older and wiser! Our first general meetings (to accommodate both day and evening students) will be held on Wednesday, October 16th at l2 :30pm- 1 :30pm in Room A-600 and from 5:00pm-6:00pm in Room A-400.

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THE AVERAGE NORTH-AMERICAN WILL EAT 35,000 COOKIES IN DURING THEIR LIFE SPAN October ADVICE & ANGST De Novo Page 7 ( 0 J l t {r; J t fl

Dear Krvslo. Dear Krysia, I am very concerned about a good friend of mine. Her boyfriend of I am a 2L who is swamped with schoolwork! I am taking some very five months recently broke up with her and she is very depressed. I am trying difficult electives in addition to my requnod courses and am involved in my best to be there for her, but I feel that this is frequently happening. She is different organizations around school. I also have a part-time JOb and am in the type of person who always jumps from one relationship to the next. Each relationship. I feel like I have no time to breorhe. let clone sleep and attempt time another one of her relationshipsends, I tell her that she should take it to have some sort of social life. Do you have any suggestionsfor someone easy for awhile and take a break from the dating scene. While she saysthat who is already burned out? she sees my point she always seems to fall back into the same pattern and Sincerely, ignores all of the advice that I give her. What should I do? Sleeplessin NYLS Sincerely, Forever a Friend Dear Sleepless, First let me attempt to comfort you by saying that you are not the Dear Friend, only one with this feeling. Everyone seems to say, "the first year is the worst" You are definitely a good and strong friend. Your friend is very lucky but 2Ls and 3Ls involved in clinics, journals, law review, moot court, etc., to have someone like you whom she can rely on. We all know people who probably have a different view. So you want some advice ... stay organized. are always in need of a significant other to be happy. And there are many Keep a planner with a detailed account of everything you need to do - reasonsfor this: a lack of self-confidence, loneliness,hormones in over-drive. from deadlines to studying for exams, from office hours to your next date The problem is that these individuals are so dependent on others to be with your significant other. Stay on top of your assignmentsand do not wait happy that they become weak and vulnerable, especially when they are until the last minute to do your readings, studying, etc. Try to get as much not in relationships. So that leaves your relationship with your friend. Try to work done on weekends so that on week nights you can get a few winks in get her mind out of the relationship realm and only give advice when it is before you start another long day. Easiersa id than done, but try not to put sought. These are two very difficult things to do, especially when she too much on your plate, or else you will wear yourself thin. These are just a probably is in denial about her "neediness." People only change when they few simple insightsand different methods work for different people. Just stay are ready and willing. Many times that never happens. Don't kill yourself over on top of things and take it easy. The semester will be over before you know this. You sound like a confident person with many options. My advice, spend it. some time with her and attempt to cheer her up. If this fails, find a new friend. If this is too mean for you, search the chat rooms, grocery store lines, DISCLAIMER:KRYS/A IS NOT A DOCTOR OF ANYTHING NOR DOES SHE CLAIM ANY PROFESSIONAL and self-help sections of local book stores for someone equally as STATUS IN RELATIONSHIPADV ICE OR PSYCHOLOGICAL TRAINING. HER ADVICE IS BASED ON HER OWN dependent and set them up. If you are a spiritual person, pray that they get INSIGHT AND LIFE EXPERIENCE AND WHAT EVER SHE MAY FEEL THAT DAY. FOLLOW HER ADVICE AT married. YOUR OWN PERIL. TO GET YOU QUESTIONS ANSWERED E-MAIL: CONSULTKRYS/A@HOTMA/L.COM PORTRAIT OF THE ARTIST AS A GO. SCHOO[ GIR[: 'reenate antst filled ramblints from the diary of Martin Morris Jones, a 27 year-old vocational nurse who worked with ill children Men Are From Mars, Women From offenders.of sexual torture, rape and was convicted to life imprisonment Venus even instances of anthropophagy poisons and cultivate a relationship in San Antonio, Texas for 11 murders (the death of Aileen Wuornos ---(eomuming human flesh for sexual with their target for the purpose of in 1984. Authorities however, gratification) are simply not products ultimately \<.i\\ing tnem. One suer. suspected her of as many as 46 of female psychopathology. murderer was Belle Gunness (a.k.a. deaths. She injected a common A recent psychology study at Everyone is familiar with Jeffery "Lady Bluebeard"). In 1908, this Black heart medication, dioxin, into ill the State University of New York at Dahmer' s equating objects of his Widow type murderess killed 49 infants to gain attention for taking Stony Brook has suggested that sexual desire with food or Randy people on a farm outside Chicago: extraordinary steps to revive them women's brains are more Kraft who (out in California in the late multiple husbands, farmhands, and (often unsuccessfully). Another such developed for emotionally charged 70' s), engaged in acts of sexual children (which she obtained type was Terri Rachals, a 23 year-old cognition than men's. Apparently, dissection on hapless young male through adoption agencies) all killed intensive care nurse employed at women have nine brain regions hitchhikers. Though typical in male by poison and freak farm accidents. Phoebe Putney Memorial Hospital in actively involved in imprjnting serial murderers,these perversionsof In 1967, Janie Lou Gibbs was put to Albany, Georgia. She injected emotion, compared to only two for sexual impulses are generally not death in Georgia's electric chair potassium chloride into patients' life men. Although this new insight of motivations for females to kill. after killing her husband and four support systems to imitate cardiac science should not come as a Females committing murder children one by one and donating arrests. She was eventually surpriseto anyone, for me it explains is not a new concept. Instances of the insurance settlements to the convicted of 6 murders, although two things. The first of which is why postpartum infanticide, local church. Margie Velma Barfield, authorities suspected her of as many these stupid chick-flicks about little accomplices to felony murder, and a 53 year-old grandmother killed as 20. · rich girls torn between marital suitors incidental killings during the seven husbands, nonces. and her So it is with this backdrop in are supposed to be romantic and commission of child abuse are own mother from 1969 to 1978 in mind that Florida Governor Jeb Bush the second is (yes you guessed it), utterly common. But the female North Carolina. She burned some to signed Aileen Wuornos's .execution the different motivations women serial killer is more unique. The death in arranged "smoking in bed" order after a psychiatric evaluation exhibit in committing serial murder. definitive study was published in accidents, facilitated prescription found her competent. In 1992, Author and FBI criminal profiler 1998 in the book, Murder Most Rare, drug overdoses, and served arsenic amidst a media frenzy she was pioneer, John Douglas first put forth by criminologists Michael D. Kelleher laced food to others. She was labeled "America's First Female the formula that all acts of violence and C. L. Kelleher. Femalesaccount executed by lethal injection in 1984. Sexual Predator" after 7 male are efforts to dominate, manipulate for only 15% of all violent crime but Almost as common as the corpses were all found naked with and control other human beings there has been a 138% increase the Black Widow type are Angel of multiple bullet wounds to the chest. and from this it follows: how + why = number of crimes committed by Death type killers. Many suffer from a Her victims included: Richard who. He would start from the victim women since 1970 (compared to form of Munchausen 's Syndrome by Mallory, 51, Clearwater electronics and ask what psychological needs 57% men). Moreover, though female Proxy that is a mental illness whereby shop owner, body found Dec. 13, were met in the commission of the serial killersac count for only 8% of all individuals will poison victims (often 1989, in a junkyard; David Spears, 43, particular killing. Why did they feel American serial killers, they account children) to induce illness for the Winter Garden construction worker, the need to dominate, manipulate for 76% of all female serial killers specific reason to either tenderly body found June l. 1990, along and control another human being in worldwide. nurse them or gain attention by Highway 19 in Citrus County; Charles such a horrific manner? From this, he The Kelleher & Kelleher study miraculously saving them. Killers of Carskaddon, 40, part-time rodeo would develop a psychological examined l 00 cases since 1900 and this type will often work in nursing worker, body found June 6, 1990, in profile. found that women were more than homes, hospitals or in pediatric Pasco County; Troy Burress, 50, a By now, everyone knows the twice as successful as their male wards. Their sole purpose is to salesman from Ocala, was reported typical serial predator is some 35 counterparts. Playing off the secretly murder patients under their missing July 31, 1990- body found in year-old white male porn freak, stereotypes of society, they avoid care. Angel of Death predators Marion County; Charles "Dick" driving around his mamma's van apprehension easier with an present unique challenges to law Humphreys, 56, retired Air Force knocking off prostitutes. But female average career of 8 years. enforcement as death is a usual major,,former police chief and serial murderers, though few and far (Everyonesuspects the butler done it occurrence in these institutions, and Florida state child abuse investigator, between, exhibit quite a different but not the kindly grandmother.) it is only statistical aberrations that body found in Marion County; motive than men. This is because Unlike the sexual predatory raise flags. For instance, a 500% women simply have different needs. male variety, the most common increase in the mortality rate on a continued on p.11.. .. The common motives among male female serial predator is apt to use particular nurse's shift. Genene

THE REVOLVING DOOR WAS INVENTED IN 1888 Page 8 De Novo A LITTLE SOMETHING October Indeed. (music is life) av Joseph s. Hadala THE RUMOR MILL ? BMG, EML Sony, Universal, Warner-Elektra-Atlantic, and will play Madison Square Garden on December 5 ? MN is planning a Musicland, Tower Records, and Trans World Entertainment, have agreed to film based on the life of Napster sellout, err creator Shawn Fanning ? Lil' settle a CD price-fixing suit alleging they conspired to inflate the costs of CDs Romeo will reportedly star in "Lil' Romeo and u1: Juliet," an adaptation of the between 1995-2000?Snoop Dogg's cameo in the made for N movie "It's A Shakespearean love story... Oscar buzz abounds! Very Muppet Christmas Movie" has been dropped ? Filter has cancelled their headlining dates on the RelimTour after singer Richard Patrick checked What follows is a non-exhaustive list of upcoming album releases. I'll feel free into a rehab center ? Jay-Z and Beyonce Knowles will team up for the first to comment to break up the monotony. In case you didn't know, albums single off his new album out November 12 ? The remaining Grateful Dead come out on Tuesdays.. . don't ask me why. And remember musicians are members will play Madison Square Garden as part of a 17 show tour ? An flaky, so all dates are subject to change. Aaliyah greatest hits album due out in November, will contain some previously unreleased tracks? On-again, off-again "supergroup" Audioslave October 15 heralds new offerings from the likes of Faith Hill, Tracy Chapman, (ex-Soundgarden frontman Chris Cornell and Rage Against the Machine Fleetwood Mac, LL Cool J (I thought he was an actor now), Randy Travis, minus Zack De La Rocha) is on again, with a new album and tour planned. Fatboy Slim, Lisa Loeb (what happened to nine stories?), Dave Hollister, INXS ? Iron Butterfly vocalist Darryl Deloach died from liver cancer on October 3 (Michael Hutchence is still dead), Jeff Buckley, Queen, The Ramones ? Guns N' Roses will tour again, following up his out of breath performance (another posthumous release), Bond, The Blasters, Taproot, Buddy Miller, New at the MN VMAs, Axl and his new band of merry men are hitting the road Order, Luis Miguel, Gerald Levert, and current guitarist for Guns N' Roses, Buckethead (no comment).

LIKE YOU DONT HA VE On October 22 releases from the Foo Fighters, Santana, Blues Traveler, Machine Head, Kenny G (no ... really), Rod Stewart, Finch, The Grateful Dead ENOUGH TO READ (apparently they're still truckln'). Anne Murray, Scarface, 0-Town, Pavement, The Donnas, SR-71, Helloween (like anyone remembers them), B.W.B., A BOOK REVIEW BY LISA PETITO Alabama, Chris Robinson (Black Crowes frontman), Sly & the Family Stone, W.C., Charli Baltimore, John Mellencamp, and David Bowie crowd the SOMETIME I DREAM IN ITAL/AN shelves along with a handful of Christmas albums. BY As of October 29, the soundtrack to the new Eminem flick drops and artists RITA CIRESI like Shaggy, Nirvana, Christina Aguilera (apparently she's "Dirrtv" now), Too """""""""""''7'"""""".::"'liilf you read the back short, Type O Negative, Toni Braxton, Jo Dee Messina, Nick Carter, Donny over you may think Osmond Oust wben I thought it couldn't get worse than Nick Carter), D.R.I., ou are about to read Sixpence None the Richer, Fabolous (no, I spelled it right), Coma Star, he book version of Memphis Bleak, Kenny Rogers, Stevie Wonder, Justincase, and Paradise Lost, "My Big Fat Greek will all have a new additions to their respective discographies. edding," only it's an talion family. On November 5, hoards of ravenous music fans will cause gridlock at record pproaching the book stores everywhere, all clamoring for the latest from the likes of U2, Bjork, Paul with this in mind was a Simon, Brian McNight, Bubba Sparxxx, Clint Black, R. Kelly (I'm not touchin' it disappointing. this one), Carly Simon, Melissa Etheridge, Whitney Houston (someone's !though the book career needs help), Dave Matthews Band, Justin Timberlake, The Wallflowers, had its funny Nate Dogg, Johnny Cash, Third Eye Blind (remember them?), Clarence moments, in my Clemons, Puretone, Tela, and morel pinion it was the sad tory of two people hat immigrated to merica. For the parents, raising their hildren in America as a life's goal; they Clll llll ere content with the imple things. For hem, Americq was he end of the rainbow nd their children hould have been rateful to be here. For their children, merica and the imple things in life ere not enough. They anted more ...

Sometimes I Dream in Italian is the story of two first-generation American sisters, Lina and Angel who desire to be Americans, just plain American! They want to be movie starswith blonde hair and blue eyes. They even tried to change their surnames from Lupo to the Englishversion, Wolf. They hated everything about them that was Italian. To them it was a sign of that they were different then "normal" Americans, a sign that they would grow up to be like their parents.

Angel, who aspires to be like her older, prettier, and more talented, attention-getting sister tells the story as a narrative. The author takes you through their adventures from young girls, to teenagers, to adulthood. Their strict Italian upbringing was not enough to keep these two on the 'straight and narrow'.

The animosity and sadnessthese two girlshad as children followed them into adulthood. Much of this animosity stemmed from their overbearing mother. They did not learn to admire her, but to hate her. Instead of realizing that the iron hand that she ruled with was generated from love, they chose to resent her.

As adults, these two girls were not happy with their lives. No matter what they had, they still wanted more. They did not become the people they had envisioned themselves to be, nor did they become the people their parents so desperately tried to mold them into.

I enjoyed the book, even if it was not what I expected. It was a good story that kept my attention, and prompted me to read further.

THE AVERAGE PER.SON OVER FIFTY WILL HAVE SPENT 5 YEARS De Novo Page 9 October GAMES

2 3 4 I 5 I - ~ --l--- --t- -8- NOT FUNNY 6 7 -r 9 HA HA --1 1--- ~_____, -1

10 I I BUT STILL ••• 11 12 13 14 15 A blonde was terribly overweight, so her doctor put her on a diet. "I want l6--t you to eat regularly for 2 days, then skip a day, and repeat this procedure for 2 weeks. The next time I see you, you'll have lost at least 5 pounds." 17 18 19 20 When the blonde returned, she shocked the doctor by losing nearly 20 21 pounds. 22 I "Why, that's amazing!" the doctor said, "Did you follow my instructions?" 23 24 I The blonde nodded. "I'll tell you though, I thought I was going to drop dead the 3rd day." 27 28 H 29 "From hunger, you mean?" 30 31

"No, from skipping". 32 A pipe burst in a doctor's house. He called a plumber. The plumber arrived, unpacked his tools, did mysterious plumber-type things for a while and ~- ~+---- -,-- ---1--- handed the doctor a bill for $800. 35 The doctor exclaimed, "This is ridiculous! I don't even make that much as a doctor!" ACROSS 1 one to whom a representation 4 An informal written The plumber waited for him to finish and quietly said, "Neither did I when I is made. c11 > communication used especially was a doctor." 6 An oblique remark or indirect in offices. <10> suggestion.CB> 5 something that is not what it A man is in the pub watching his favorite soccer team on the TV with his pals. 10 Opinion or doctrine contrary purports to be.<4> His team loses the match but he decides to drown his sorrows anyway. to church 7 A rapid, involuntary jerking or Several beers later. he is disgustingly drunk and decides to walk home. dogma.<6> twitching of the eyes, sometimes 14 An accused person's formal caused by ingesting drugs or When he gets to his house he tries to be as quiet as he can. He climbs up the response of "guilty," "not guilty," alcohol. <9> stairs and sneaks into the bedroom where his wife is sleeping. or "no contest" to a criminal 8 A solemn declaration, charge.<4> accompanied by a swearing to He creeps across the floor and just as he gets one leg into bed, there is a God or a revered person or thing, sudden 'paaaarp'. His wife wakes up in a flash: "What was that?" she 16 The house, outbuildings, and ad}oining \and owned and that one's statement is true or whispers. "\ scored, its 1-0 to me!" he slurs out, still thinking of the match that one will be bound to a earlier. occupied by a person or family as a residence. <91 promise. <41 18 To train, educate, or develop. 9 A defendant's stated reason His wife, who was angry at his lateness and his waking her up, decides to why the plaintiff or prosecutor fight back. About l 0 minutes later; as the man is falling asleep he hears To supply with nourishment.m 'pocorp' "What was that?" he asks. "I equalized. It's 1-1 !"his wife replies. 21 Liberation from an obligation, has no valid case; a defendant's dutv or demand. <7> answer, denial, or plea. <7> The man is distraught. His pettiness and drunken sta e tells him he should 22 complying with the law; 11 The killing of a human being beat her. So he tries and tries to push one out. He can feel one coming ... it's lawful. Born of legally married with malice aforethought.(61 a big one- 'paaaaaarpssh' he follows through all over the bed. His wife turns oarents.noi 12 The sum of money in horror and whispers "Is that what I think it is?" 25 Tangible and movable represented by outstanding or personal property other than uncollected checks. <5> The man replies rapidly "Yep. Half time, change ends!" money. 13 De Novo Editor who is not too 27 The division of the Roman keen on people carrying their empire into provinces; An dogs.<9> archbishop's jurisdiction. <7> 15 A stockbroker's excessive 28 The number of days the trading of a customer's account 8 R A I N F E E D President has to exercise his veto than to further the customer's 1. Bow :many US Presidenu were usassina'8d? power. <3> interest.rsi 29 one who makes a guaranty or 17 To deliver a legal document to gives security for a debt. <9> the court clerk for placement a. Who were they? 30 something that separates one into the official record.on part of a space from another. <9> 18 A person who is a citizen of a 32 Law School located in the Big particular place, region, or nation S. What does TriBeCastand for? Apple, recently called a "bottom by virtue of having been born feeder" law school. <4> there. <6> 19 A process by which a river or 4. What is the motto of the United States of America? 33 The connection or relationship between two stream shifts its location, causing parties, each having a legally the rectssion of water from its s. In what year wu the Statute of Liberty displayed recognized interest in the same bank. <9> 20 A person who cannot in Rew York Barbor? subject matter. <7> 34 The absence of guilt.<9> speak.en 35 Characterized by a person's 23 A robber or plunderer. (8> failure to exercise the degree of 24 Absence of government; care that someone of ordinary lawlessness. <7> . 9SS1 ·g prudence would have exercised 26 The Supreme court will not decide a constitutional challenge ~snJJ. 8M. po{) UI ·v in the same circumstance. <9l DOWN unless the person who is f!lU'BQ M.01as: a~'!l1JJ. ·~ 2 A hireling of servile condition; challenging the government .A'.paUU8)1 ·a Ul{Of ~alUTIIO:W UI'!l1f(l..M. 'p1a!JJ'!lf) saure.r 'UIOOU1'I UI'!l{feJqy ·~ a hired laborer or a slave. <4> action has it.<8> v ·1 3 one who obtains property for 31 Abbreviation for the New York money or other valuable stock Exchange.<4> consideration. <9> :sJaM.SlI\f

THE AVERAGE PERSON OVER FIFTY WILL HAVE SPENT I YEAR LOOKING FOR LOST ITEMS. Page 1 o De Novo SILICON AND CELLULOID October SEXY ACCESSORIES FOR YOUR P.D.A

BY LEO SORITS clipping application on a screen is Last year I took notes by hand and not very comfortable. So unless you was - very dissatisfied with myself. desperately need those stock reports Even when I could read what I skip on this feature. scribbled down which was not The price on PDA can range always possible, it was very time from a $100 for a monochrome consuming to transfer the content to model to $4 7 5 for the top of the line my computer. In the same time, color one. I recommend getting one many of my classmates were happily somewhere in between. Sony is typing away on their laptops. Well, palm pilot simply plugs in on top - content of your PDA with that of you famous for having the best screens maybe "happily" is a to strong a no wires, no hassle and you are ready computer. PDA can truly become with the highest resolution. It an word, but nevertheless I was to type away in less than 30 seconds. your "personal digital assistant". important factor to consider since the suffering from "lab top envy". The only word of caution is while With a date book, calendar, address screen is pretty small. I own a Peg However, laptops are expensive, and Targus makes keyboards for most book its easer than ever to manage Clie N760C, which is now I was not ready to log around extra Palms some newer models may not you time and contacts. Our school discontinued, but I am very happy five or more pounds - I get enough of be supported. Also when getting one supports the Palm format with a with it. As with everything shop a workout just caring our books. make sure to get the right one there JurisPDA project at our school around on Pricewatch.com and This summer while working are several versions - Targus website. It has a lot of useful Nexttag.com for the. best deals. as a research assistant in the Media keyboard for Sony Clie has a resources, including links and legal Make sure to take look at JurisPDA Law Center I stumbled on a different connector and will not work material that you can download. On project at our school website. And if marvelous little gadget, which with a Palm brand pilot. The cost a lighter side, when you need a break you still have more questions stop by makes a Palm Pilot a viable ranges from $60- $100. Look around you can also play games and more the library and speak with Grace Lee alternative to using a laptop. Targus for a rebate and you may get one for expensive models feature a built in an electronic resources librarian. She Stowaway Portable Keyboard is as low as forty bucks. MP3 player. Some models even have was very helpful this summer when I truly portable. It weights less than 8 A Palm pilot is not a true Internet capability. However, I was trying to figure out this stuff ounces and is 3.6" by 5.1". Unlike substitute for a laptop. But with a advise against getting one of those if myself. some laptops, which have smaller word processing program you will be you want to surf the web and not just keys that you have to adjust to, this able to take notes, and effortlessly check email. You would have to sign keyboard ingeniously folds out to transfer them to you home computer up for Internet service and that can reveal 100% full size keyboard. The via a cradle, which synchronizes the get expensive. Also surfing with web

or mistress (whatever) comes into the store to develop some photos of her own, VOTING that Mr. Yorkin is cheating on Mrs. {CONTINUED FROM PAGE 1) Yorkin. One thing leads to another (not because we were arguing) and Si, dejected at the imperfection was able to see where they were by Tammy Fastman of his "perfect family" goes home coming from and I hope the and scratches Mr. Yorkin out of all opposite was true. Had we been in the Yorkinfam ily photos he has up on Washington maybe we could have ONE HOUR PHOTO his Wall. He then proceeds to put agreed upon a middle ground. I recently saw the movie "One Hour the opposite side and are supposed copies of the photos of Mr. Yorkin The Democrats' one seat Photo," starring Robin Williams. His to see the turmoil and problems the and his mistressin with some photos majority in the Senate is the result of attempt at playing Si Parrish,a semi• family is having, that Si does not and Mrs. Yorkin and her son come to pick former Republican Jim Jeffords' psychotic photo lab operator, was cannot view in their photos. All this up. I don't think Mrs. Yorkin looked decision to become an just as laughable as his more comic stuff which is supposed to seem too upset at the news when she independent last year. Historically, roles, but without the intention of deep is so self-conscious and finally sees the photos. Si was midterm elections are seen as being so. The entire film ran on and evident that any depth is lost. probably more upset than Mrs. Yorkin opportunities to shift the political on and in the end, I can't really say Also the family looks like who was probably happy about all dynamic in Washington and across that anything happened, at least something out of a J-Crew ad and the alimony she could collect now if the country. This year to use such an nothing worth mentioning "or both the husband wife and son she filed for divorce from her adjective would be a euphemism. watching for that matter;" but as this seem like terribly annoying people. husband, an untalented whiny Let's say it's more along the line of is a movie review, I suppose I have to Everyone· in this movie is always actor. seismic. Traditionally, the party mention a couple of things that wining. First Mrs. Yorkin wines that to Williams gets arrested in the occupying the White House suffers happened in the film. her husband that he isn't attentive. end, can't tell you why, it would ruin losses in midterm elections. This The movie starts out with a Mr. Yorkin goes on about having to the movie in case you still actually would suggest that the Democrats celebration in the home of the Yorkin work to pay for the "Jill Sander" want to see it. We find out that Si was should be in a strong position to take family during which photos are blouse she (Mrs. Yorkin) is wearing (I an abused child, which is supposed back the House for the first time taken and later brought by Mrs. guess this was a poorly chosen paid to somehow shock the audience, or since 1994 and to at least maintain Yorkin to be developed at the ad by the fashion designer maybe bring up some sort of social their hold on the Senate. However as SavMart, Si's place of work. The mentioned). The child is an overly• issueabou t how we should be more we all know, there is nothing SavMart, a dreary multi-purpose sensitive spoiled brat who cries sensitive, yet distant, to lonely photo traditional in politics any more. discount department store and it's about other peoples possible lab operators wearing blue pants. To If you are a U.S. citizen, go vastnessand coldness, I suppose is emotions, but then wines (I guess he be honest (I always am) this out and vote. meant to signify Si in some way, as learned from his parents) when he discovery of abuse doesn't actually It ain't over until the votes are he is meant to have an empty life. Si doesn't get the toy he wants. Any do anything to unravel some hidden counted (hopefully all the votes this fills his void by obsessing over the apprehensionsone might have had element of the plot and though it time) and the fat lady sings. 11 11 photos of theYorkins and we later about something bad happening to was supposed to be there for our DOWNLOAD find that he has copies of the these people are quelled because amazement shock etc ... It seemed CONTINUED FROM PAGE 1 pictures they've developed over the they are so obnoxious one hopes pointless and trite and just another has been created to do is state years covering the something bad will happen to pathetic attempt to add depth and a policy for what may and may not walls of his apartment. them. meaning to a film that had none at be done with the web while on This family, because of the all and nothing else going for it school premises. The trick is to lay superficial perfection he finds in their For most of the movie everyone is either. Maybe the film maker down the line and implement a photos over time, intrigues him. He wining and Robin Williams is staring thought that if he could just make it network policy to protect itself finds happiness, or at least escapes at these people's pictures and I think seem like the movie was dealing against threats and misuse, while from his loneliness, by fantasizing that we are supposed to find him with some pressing social issue, keeping in line with the ideal of that he is an uncle in their family and scary because he is wearing light instead of just being a really bad freedom of academic pursuit. The a member of their household. As blue pants and glasses. "Finally," Si movie, that critics, out of pity, would Network and Internet Usage Policies movie goers we see the family from finds out when Mr. Yorkin's girlfriend give it a decent review (no pity here) Committee is dedicated to achieving this goal. 40,000 AMERICANS ARE INJURED BY TOILETS EACH YEAR October ORIGINAL PROGRAMMING De Novo Page 11 • MEN ARE FROM MARS ••• }l n Jlff a 1 r t 0 Po rg e t (CONTINUED FROM P.7)

Walter Gino Antonio, body (part 2) 6y Prank,

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An interview with an Alumnus ALT.ER• EGOS by Dwight Day

Do you ever stop to wonder where good "on your feet" and Professors school. It turned out that I became you will be or what you will be LaPiana and Leonard because they anxious to do some real lawyering, doing in 7 0 years? Well, we thought always seemed to enjoy what they so I left to work at a small firm in we would go out and find an were doing. New Jersey. One morning (about a alumnus from ten years ago and Did you go directly from undergrad month after I got there), six federal have him/her share his/her to law school? agents with search warrants and experience. So off we went across Oh no! I graduated from Rutgers in ankle holsters walked into the office the river to New Jersey, to a town 1982, with no intention of ever and told me that one of my bosses called Clifton where we found going to professional school. I was an identity thief, who had Mary-Jane Oltarzewski, a member worked in catalog advertising for 7- been disbarred for years and was of the Law Office of Frank Martone, 8 years, and then started thinking practicing under an assumed P.C. about what I wanted to do for my name. That was definitely my most next career. I bought a Barron's exhausting day at the office to Ms. Oltarzewski has supervisory LSAT prep book and studied in date. responsibility for all bankruptcy secret, then took the LSAT without matters, including the conduct of telling any of my family or friends: I Had you had an internship(s)/ bankruptcy discovery proceedings figured if I got lousy scores I would clerkship while you were in law and work-out school? and settlemen "I Yes. I clerked for II 1 negotiations. Judge Amman in She interfaces Staten Island, with her firms' worked for the client Office of the representatives Corporation on all Counsel one contested semester and did a matters and summer internship argues motions hrough and conduct he Richmond adversarial County Bar proceedings in ssociation, where all three of e were rotated New Jersey's ,.._1 ...... mong a couple bankruptcy different judges and venues. senior clerks. I am sorry Ms. Ms. ltarzewski, but Oltarzewski, how did you end up thanks for in Clifton, NJ? agreeing to \ sought out this firm this interview. because I like to When did you ~---- ... -...lunch at the Tick- graduate from NYLS? just go about my business and Tock diner on Rte. 3. June 1992. never tell anybody. Do you keep in touch with friends Were you a full-time day student or Do you believe that your education you made while at New York Law a part-time student? at NYLS really prepared you for the School? I was a full-time mid-year student. legal profession? I keep in touch with one very dear Back then, NYLS had a program for Yes. in the sense that it taught me friend, who oddly enough is not people who for one reason or how to unravel a problem and look currently another wound up starting during stuff up when I didn't have all the practicing law. the winter /spring semester. You answers. In terms of practical skills, I Would you say that he has a could start in January, and have can't stress enough how important successful career? the option of taking summer courses my student internships were. Yes - He is teaching gifted and Op#i~ol 2 years in a row, so that you could How long have you been with your talented students at a city high graduate with the rest of your class current firm and what is it exactly school and is both happy and after 2 years. that you do? successful, I think. I've been here for 4 years. I came Illusion Were you involved in any student Are you an active alumnus? activities? If so, which one(s)? to fill in for an attorney who was on Not as much as I'd like. I've only I worked as a research assistant for maternity leave. and kind of never been back for the occasional trip mon ploying horn ProfessorsPurcell & Lieberman; that left. We represent banks and to the library. or womens rot:e and school kept me pretty busy. lenders in real estate transactions: What advice would give a first year Which class was your favorite? sales. foreclosures, bankruptcies, student just beginning law school? I liked Family Law with Professor etc. Read everything twice, and avoid Newman, and Law & Reproductive Before graduation, did you know "all-nighters." After a certain point, Technology with Prof. Meyer. I also what area of law you wanted to a good night's sleep is as important enjoyed the second semester of practice? as the perfect study outline. Con Law with Prof. Lieberman. His No. In fact, I never took a What advice would you give a 3L lecture on the l st Amendment bankruptcy course at NYLS and who is about to graduate? implications of an obscenity• that's a big chunk of my current Keep your options open, and don't emblazoned jacket remains my job. turn up your nose at small g.p. firms• favorite single lecture of all time. How long after graduation did it you will wind up seeing a lot of Who was your favorite professor(s)? take you to find a job? And what action right off the bat and it could Why? was it? help you decide in which direction There were a lot of good ones. You A few months after passing the NY you would like your career to go. have to love Prof. Koffler - he's an & NJ bars, I got a job as a legal Also, try to relax when you're icon. I was partial to Prof. Strossen. editor for CCH. I thought I would studying for the bar exam - who taught me a lot about making like the combination of my legal remember that the vast majority of persuasive arguments and being training with my life before law graduates pass on the first try.

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October Page 13 De Novo

up or passus or take the place of the Let's allow the U.N. weapon former Soviet Union." Even if that is inspectors to go in - call Saddam's THE LEFT AWAKENS our goal, which is formidable, it's not bluff - and then go in with the the way the world's last remaining support of other countries. After all, CONTINUED FROM PAGE 5 Superpower should be acting. we are making the world safer not Iraq did not attack us. It has been will make us any safer, they have And then we wonder why just for ourselvesbut for everyone on minding its own affairs. Yes, I agree another guesscom ing. Americans are hated? Ok moving the planet and others should help to that Saddam is bad, and he might Why can't America say, right along. foot the bill. be developing weapons of mass "Noll We will end the cycle of Are we really talking about The job at hand is taking destruction (WMD), which by the violence. We will fight terrorism but defense in pursuit of freedom? We down Al Qaeda. We can't even get way we helped him to get when we we will focus on terrorists." Ok do not have a historyof doing well in Bin Laden, and we are going to go liked him. But how did we jump from enough rambling. interventions so why will this time be after Saddam. The sacrifices of the Al Qaeda to Iraq? How have we I won't even mention the any different? Navy, the Green Beret etc., are been so gullible to let PresidentBush arrogance and secrecy in the I won't be cynical and say ok already great and the cost of convince us that there is a link current administration which won't it is two oilmen from an oil state Afghanistan is already between Al Qaeda and Saddam? release certain files nor directly going after the second largest overwhelming. I must credit the Presidentin answerto Congress or the American . reserve of oil in the world. I do not In the end it comes down to going before the United Nations but people. question that President Bush believes how you see the world. It could be a let us give the U.N. weapon The former doctrines of what he believes. I do not doubt his generation thing or it could be an inspectors a chance. Although I Containment, Non Proliferation, and patriotism. However, although I arrogance thing or it could be plain laughed at the thought of the U.S. Deterrence have now been flushed respect his view, I beg to disagree. Is stupidity. Whatever view you take, going before the United Nations down the toilet. Now we have a new that still allowed in America? the outcome looksbleak and we are (because not so long ago it was doctrine of MILITARY GLOBAL Then not to mention the cost probably all doomed. refusing to pay its dues), I saw the SUPREMACY, one of First Strike of this war! Both the White House vital need of such action. So it was Preemption. Is this the doctrine of and the Congressional Budget not just a big joke. The Presidenttold infinite arrogance? This is just absurd. Office estimate between 100 and the U.N. "Show the world that you Is anyone awake? I know this is a 200 Billion dollars for the cost of such have some use - that you can act." sovereignacting and that there is no an undertaking. And that is just the To the rest of the world it seemsthat entity above the sovereign, but what cost of winning the war, not of the U.N. is just a mere pawn for the about international law? Can one securing the peace and rebuilding U.S. to use at its convenience. nation just decide to get rid of afterwards. Where is this money So how do you fight a another sovereign's government? going to come from? And why not terrorist? The terrorist has no state. Who gives America the right to be so instead spend this money (which we They are individuals.Some are born almighty to dictate regime change don't have) on a national health in America. This is a different type of in Iraq? In Palestine? insurance plan or to jumpstart the war and I doubt that it's by bombing I just have to keep laughing economy? · or killing tat for tat. If anyone truly especially when I read stuff like "Will Does it not then seem silly to believes that getting rid of Saddam not allow any foreign state to catch act alone or with just Great Britain?

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COLUMBIA UNIVERSITY IS THE SECOND LARGEST LANDOWNER IN NEW YORK CITY, AFTER THE CATHOLJC CHURCH. PAGE 18 DE Novo MORE I MORE I MORE OCTOBER FOR EVERY ACTION THERE IS AN EQUAL

AND OPPOSITE REACTION BY STAFF WRITER

Kudos to Dean Matasar. Seriously, I respect and appreciate the Dean's efforts to improve New York Law School. .. a school, according to a recent issue of L Magazine, whose students "couldn't get in anyplace else." Now, I could use this free space to criticize the dean for what some would call a well• intentioned, but poorly planned P.R. stunt ... but, I won't. Hey, at least someone came out looking good (did you see his picture on pg. 35?). Ok. Now that I've given you the sensational, controversial stuff this world now eats to survive. let's get to what's important. At the end of the day, New York Law School is not a bottom feeder, some of our faculty's accomplishments pale in comparison to some of the accomplishments of our students (pre, during, and post-NYLS), and yes, some of us actually chose to come to NYLS. Before coming here, I was introduced to the school by a friend of the family who is an associate at a top New York law firm. Our alumni are practicing attorneys in every field and at every level. We can boast about some of our non-practicing attorneys as well - presidents and directors of major corporations, actors, authors, etc. By now, you've got it. I'm telling you what that article in L Magazine should have told you and the legal community about NYLS (particularly, its students). This is the kind of language that would encourage alumni to give and then give some more to our school. This is the kind of language that encourages students to speak well of our school. With that said, because this is intended to be a quick blurb, I'll bring this to a close by saying this: We didn't need to hear again about how bad our school was or arguably is - that's old news. We've heard it before. Obviously, the responsibility is ours (meaning, the students) to expressthe truth about our little law school in Tribeca - through our words and our actions. The truth is that many of us come here because of this school's purported commitment to excellence and diversity. Many others come because of this school's history of radical thought and action. Many stay and go on to do well because of this school's emphasis on practical learning (a skill many of the Ivy's haven't yet mastered). Hopefully this will be printed in the Lor in the author, Professor Kirp's book.

GOING ONCE, GOING TWICE, SOLD BY STAFF WRITER Ever wonder what big corporations spend their money on and what happens to that stuff when they go bankrupt. Better yet ever wonder how to get your hands on it. Enter DoveBid.com, a live auction website specializing in corporate asset liquidation. Last month I visited the site to check out the Enron auction. Up for bids were crates of plasma N's, computers, laptops, ori air hockey table, a foosball table and boxes of corporate gifts with the Enron logo. The big Enron "E" went for $20,000. The stuff being auctioned was amazing, but the technology was also impressive. To participate you need to register which requires a DoveBid to hold $500 on your credit card, you are not charged anything though. DoveBid hosts live auctions, which means in the case of Enron there was a live auction going on in Texasand those with internet access and a separate phone line can actually participate in the real time auction. Via your computer and some sort of video media player you can see what item is being auctioned and hear what is being said i.e. the auctioneer. To actually bid you need to dial in to the auction center. While on the phone there are two ways to bid. The auctioneer might say that the phone lines are open. This mean you can speak and the auctioneer can hear you and will acknowledge your bid. The other way is when the phone lines are closed. In this mode you use the phone to bid, press #1 to raise your paddle and some other button to lower it. Just note that they take the room bids first and then turn to the web bidders. That is the basic idea but the concept and technology is pretty cool and works remarkably well. So if you are an internet auction junky and are looking for real stuff that you can use or some random corporate machinery then DoveBid is worth a visit. Even if you are not interested it is still neat to see what kind of weird stuff is out there. ,,.;-!- ' l(Vi 'Q,,; c: CaiA.1 WI•11'8EI a I *IEI *&I &

. WILL BE SPEA.. KING C)N He>~ TC) PREPA.RE FOR THE NEVt/ YORK BA.R EXA.M A. T: NEW YORK LAW SCHOOL Date: Thursday,, Oct. 17_, 2002 Time: 4:30 p.m. - 5:30 p.m. Place: Room A-700

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C I T Y W I T H T H E M 0 S T R O L L S R O Y C E ' S P 'e R C A P I T A : H O N~ G K. O N G . " DE Novo PAGE 19 OCTOBER VERBATIM WEDNESDAY OCTOBER 9, 2002 Question/Statement from 3rd year student in audience: In some cases, students have been closed out of classes they need for the bar and for their future jobs Criminal Procedure Investigations, in my case. What can be done to ensure that if a student needs a class and it's already filled, the student can take the class, especially graduating students? Response: Class space will almost always be limited, due to the irregular frequency with which certain classes are scheduled, the logistical requirements of the overall class schedule in any given semester, the faculty member's teaching schedule, and the size of available classrooms. If a student really wants the content of a particular subject, and the class in that subject has been closed, that student needs to administer "self-help" by contacting the professorteaching the course to expressi nterest in the topic and ask for a reading list and assignments one can do the work and reading as if one were taking the class, and meet with the professor to ask questions. Also, for potential employers, ask the professor if she/he could write a letter on your behalf stating that you wanted to take the class, and were closed out of it but you met with the professor throughout the semester, did the reading, etc. and recommend that you have a full understanding of the subject although you did not officially take the == for a grade.

If the curriculum is expanded over the next 3-5 years, courses will be more widespread and covered for students to enroll in more courses without being closed out.

Question/Statement from student in audience: You (the Dean) always seem to have both a long-term and short-term plan with law school programs. What goals are there to help with employment for students not in the top 5%? Response: NYLS will likely always be driven by long-term goals, because long-term goals tend to create improvement in the short term. Second• and third-year students will always see improvements for first-years and incoming students, and may feel that they were somehow "left out" it's the nature of the way things work.

Regarding employment students need to be particularly aware right now that the economy is bad, so things are harder than ever for students not in the top 15 percent of their classes. When the economy is bad, and employment is challenging in aJl industries, there is a disproportionately negative effect on graduates of law schools like NYLS, which are perceived as not being in the "Top 20". Although our Career Services _off'.ice continually solicits new employers to interview our graduates, that still tends to impact only the top 5-15 percent of the class. All law schools have a top 15 percent and those students are most likely to be sought for the highest-prestige, most lucrative jobs. The NYC legal job market in particular, is excessively competitive. For those NYLS students not in the top 15 percent you MUST network! Attend networking events organized by Career Services here on campus and off-campus. Have your cards and resumeson-hand to give out. Network by going to local Bar Association events. Students also must be flexible in their willingness to work outside the NYC-metropolitan area. Students need to prioritize their goals of employment over their geographic preferences. Seeking employment requires seriouswork by individual students, now more than ever.

Question from student in audience: Can you address the recent article in the L Magazine? Response: The author of the article said good things about NYLS but also said bad things, and the bad things were hurtful. It's troubling that some of the conclusions that were drawn about the Law School were based in interviews that were done a year ago, and our programs have changed since then. But the author and editor have the right to write what they choose, and we can't control what's written. In the long wrong, it's our belief that we are better off responding to inquiries from the media, and risking what might be written, than we would be by not responding to their inquiries. It may seem ironic, but from conversations we've had with the author of the article, we know he likes NYLS quite a lot but he seems interested in playing up what he views as negative elements, in order to make for more interesting, "contrast-y" reading.

Question from student in audience: Is the faculty doing as much as possible to improve the reputation of the Law School? How does our current grading curve, for example, help NYLS grads in the job market? Response: No rational employer should care about the grading system at NYLS. The only measure used to evaluate graduates should be how they perform relative to their classmates. Personally, I don't like the 4.0 grading scale, but the grading scale is a matter for faculty consideration. I can predict that the faculty is not going to approve an overall increase of our grade curve; however, if students want the faculty to examine some part of the grading system, they must work together and petition the fOculty as a group. It's much less likely that the faculty will respond to such a request from an individual student or two.

Question from student in audience: Why aren't certain courses required that are on the Bar Exam? Response: Most faculty feel that students in law school are mature enough to know what courses they need and want without having them prescribed. However, there will be a new program that requires the bottom quartile of students to take required courses in order to improve their chances at passing the Bar exam. NYLS statistics show that students in the bottom quartile of their graduating classesare significantly more likely to fail the bar exam, and data shows a very strong correlation between first-year grades and grades in second and third years. Of course, grades show performance in law school, but there is no particular correlation between law school grades and professional legal success; therefore, we are initiating this new program to · ' help students who are struggling with grades perform better on the Bar exam, so that they will have a better chance at pursuing their career goals.

Question from student in audience: Will there be an LLM program at NYLS? Response: Yes! We plan to have an LL.M. program in Taxation very soon. NYLS is currently awaiting approval of the program by the ABA. We hope to have it approved by March and the program will be up and running in Fall, 2004.

Question from student in audience: Is the tenured faculty holding you back from moving forward with your ideas? Response: No. The faculty suggest their ideas and opinions, and we have discussions. The Law School, like most institutions of higher education, is modeled on shared governance, and we try to operate on a system of high consensus about ideas and proposals. I appreciate and need the input of others, because they may think of things that I've not thought of, and vice versa. Also, progressive change isn't necessarily a quick-fix. Progress at the Law School is measured in the long term, and I believe we can predict our future success by looking at our past history; if you look at where NYLS was some years ago, and where it is now, you can project that it will be in a significantly better place a few years from now.

Question from student in audience: Why was this year's first-year class so large? Why did we accept an additional full section of students, when space is already limited? Response: Our admissions goal this year was to maintain the size of the entering class at the level at which it was last year, and the past few years. When we are admitting students for a new class, we have to admit a certain number of students above those we expect to actually enroll in order to come up with the correct number of entering students. Many years of admissions data at the Law School indicated a particular level of "yield" from a given number of acceptances. This year, as we began to realize that applications were increasing significantly, we took steps immediately to change our plans in fact 300 fewer applicants were accepted this year for the first-year class. However, even with our planning, the yield of students who actually decided to attend was still much, much higher than we could have anticipated. This is what caused us to have a significantly larger entering class this fall. This is a pattern that appears to be echoed in many law schools across the country this year, because application numbers were up so significantly. Once we accept students, we are contractually bound to provide a place for them in the entering class (as long as they meet tuition deposit deadlines, etc.).

Our plan for the entering class of Fall, 2003, is to accept an even smaller number of applicants, so that we get back to a class that is similar to the size of Fall, 2001.

While we know that the larger first-year class poses some challenges in terms of our physical plant we also know that the classroom experience for each of those additional students is the same as it would have been with a smaller class. Individual class sizes have not changed.

Question from student in audience: What is being done about the lack of space at NYLS and too many students? Response: NYLS is looking into renting and/or buying space within the blocks surrounding the Law School, but those proposals must be financially viable, and we need money to rent and buy space. We cannot raise tuition to increase space, so we are thinking of other ways to raise money and we hope to receive donations. We hope to have a new dormitory and office space for the Law School, but that project is unlikely to come to fruition for three or four years.

THERE ARE 108 STICHES ON A BASEBALL. OCTOBER PACE 20

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