Cleveland State University EngagedScholarship@CSU

2000s The Gavel

11-2006

2006 Vol. 55 No. 2

Cleveland-Marshall College of Law

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This Book is brought to you for free and open access by the The Gavel at EngagedScholarship@CSU. It has been accepted for inclusion in 2000s by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. Student view: Russia v. U.S. Ohio votes on minimum wage Changes in C-M law clinic C-M second-year student Issue 2 proposes to The former Community Chuck Northcutt spent raise the minimum Advocacy Clinic is last summer studying at wage from $5.15 to now called the Urban the St. Petersburg Law $6.85. The Gavel Development Law Clinic. Institute. He contrasts columnists debate The Gavel discusses the the personal liberties in whether this issue will reasons for the name Russia with those in the be good for the State of change and student work United States. Ohio. in the clinic.

OPINION, PAGE 10 BROADSIDE, PAGE 7 LAW, PAGE 4 THE GAVEL VOLUME 55, ISSUE 2 NOVEMBER 2006 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW

C-M prepares C-M students for building oppose “cocaine” renovations energy drink By Joanna Evans By Tiffany Elmore Trial and Appeal Board against the STAFF WRITER STAFF WRITER trademark request for the name In a few months, C-M will “Cocaine” is making headlines “Cocaine.” begin a major renovation and – the energy drink, that is. Professor Davis and C-M expansion project to create new Cocaine is the newest arrival students fi led the Opposition on facilities, large open spaces, and to the energy drink market and has behalf of the Progressive Intel- more accessibility. The total bud- been greeted with public scrutiny lectual Property Law Association,

get for the project is approximately Photo by Shawn Romer since its introduction last month. PIPLA, and Americans for Drug $8.8 million. Cocaine, manufactured by Redux Free Youth, Inc., AFDFY. Completion of the renovation Beverages in Las Vegas, is mar- The Opposition states that the and expansion project is scheduled keted as “the legal alternative” to name, “glorifi es and normalizes to take 9 to 12 months. Construc- the illegal drug, according to its the illegal drug cocaine in direct tion is set to begin right after the Web site, drinkcocaine.com. opposition with [the] battle against fi rst of the year and end around the In a September 18, 2006, ABC drug use.” same time next year. online article, James Kirby, found- It further states, “The registra- “The major construction in er of Redux Beverages, stated that tion of the [Cocaine trademark] for terms of knocking down walls First-year law students celebrate at he thought of the name during a a consumable product ignores the or digging foundations probably late-night brainstorming session prohibition of registering a [trade- will be in the March or April time- the Halloween social held at Panini’s and admits the name “is fun.” mark] that consists of immoral or frame,” said Cleveland-Marshall The name has generated public scandalous matter.” College of Law Dean Geoffrey Gateway on October 27, 2006. concern, particularly among the Kirby fi led a request for the S. Mearns. C-M community. On Oct. 10, trademark this past March and re- The largest and most visible The annual Halloween Barbri. Prizes were awarded Professor Michael Davis and fi ve ceived preliminary approval by the aspect of the project includes social was sponsored by the for Scariest, Funniest, Sassiest students filed a Notice of Op- U.S. Patent and Trade Offi ce, ac- extending the law school building Student Bar Association and and Best Overall costumes. position with the U.S. Trademark cording to a Oct. 11, 2006, article

See RENOVATION, page 3 See COCAINE , page 3 Ohio votes on smoking issues C-M’s July By Ben Wiborg of Women Voters of Ohio, Ohio their side. STAFF WRITER Asthma Coalition, and the Ohio Supporters of SmokeFreeOhio 2006 Bar On the Nov. 7 ballot, Ohioans United Way. argue that any amount of second- will have the opportunity to vote Smoke Less Ohio’s major sup- hand smoke is dangerous. Accord- on two smoking-related laws, Is- porters are R.J. Reynolds Tobacco ing to a comprehensive report on Passage sue 4 and Issue 5. Company, Cigar Association of the effects of secondhand smoke Issue 4 is known as “Smoke America, Ohio Council of Retail issued by U.S. Surgeon General Rates Less Ohio.” It is a constitutional Merchants, Ohio Restaurant As- Richard H. Carmona, the health 2005 2006 amendment that will allow smok- sociation, and the Ohio Licensed effects of secondhand smoke First Time Overall First Time Overall ing in restaurants, bars, bowling Beverage Association. exposure are more pervasive than Capital: 79% 68% 87% 76% alleys, bingo halls, and many Smoke Less Ohio is a consti- was previously thought. “The scientifi c evidence is now CWRU 85% 81% 86% 82% other buildings where minors are tutional amendment. If both pro- 72% 60% 84% 75% not present. posals are passed the amendment indisputable: secondhand smoke CSU: Issue 5 is entitled “Smoke- will preempt SmokeFreeOhio. If is not a mere annoyance. It is a Ohio Northern: 84% 70% 81% 70% FreeOhio.” SmokeFreeOhio is a Smoke Less Ohio is passed it will serious health hazard that can lead to disease and premature death in OSU: 90% 90% 84% 83% proposed statewide law that will overturn around 20 local smoking 83% 76% 83% 74% prohibit smoking in most public prohibitions. children and nonsmoking adults,” Akron: places including restaurants, bars, Succinctly, Issue 4 mostly al- the report stated. Cincinnati: 88% 83% 93% 92% bowling alleys, and bingo halls. lows smoking in public places, and According to a newsletter re- leased by SmokeFreeOhio, Tracy Dayton: 81% 78% 78% 74% SmokeFreeOhio is supported Issue 5 mostly prohibits it. Pro- 81% 76% 93% 84% by 562 organizations including the ponents of either SmokeFreeOhio Sabetta, co-chair of SmokeFreeO- Toledo: American Cancer Society, Ameri- or Smoke Less Ohio have made hio, believes that the U.S. Surgeon strong arguments in support of can Lung Association, League See SMOKING, page 2 THE GAVEL

Page 2 LawLaw November 2006 Dean urges attendance at Speaker advises 2Ls on bar application

speaker series Margan Keramati check to the National Council of ist begins to process it. treatment for a short time. CO-EDITOR-IN-CHIEF Bar Examiners, creators of the “An application has to have Supreme Court of Ohio By Geoffrey Mearns Here at C-M, there are many ways to Lee Ann Ward, Admissions multi-state portion of the bar. major errors with it for it to be Justices become involved in the enrich your educational experience. There Manager at the Supreme Court The Supreme Court requires returned to an applicant,” said application process only when are lots of courses and seminars from which of Ohio, spoke to C-M students an additional $150 for applica- Ward. “If you make those major an application is recommended to choose. There are several clinics, which on Oct. 5, about the two-step tions sent after Nov. 15, and mistakes, then you don’t meet for disapproval or when the ap- enable you to gain valuable practical ex- process necessary to sit for NCBE charges an additional the filing deadline.” plicant is a convicted felon. The perience. And there are many externships, Ohio’s Bar Exam, specifically $50. Processing by the bar admis- vast majority of applicants are which offer you a chance to learn about the about “character and fitness,” To take a July exam, a stu- sions office takes about a month, approved, Ward said. practice of law in the “real” which is the most complex por- dent must be registered by the Ward said . Afterwards, an ap- Students’ most common world. tion of the application. preceding Jan. 15, and to take plication is forwarded to NCBE questions concern the detailed But there is another re- To be admitted to Ohio’s bar, a Feb. exam, the student must for verification, background information requested in the source available to you, our an applicant must be twenty-one register by the preceding Aug. investigation, and reference character questionnaire. students: the public lectures years of age, hold a B.A. from 15. checks that can take between “We realize we are asking that we offer here. From my an accredited college, have a A character and fitness appli- two and four months. for detailed information, but personal observations, I don’t J.D. from an ABA law school, cation is considered “on time” NCBE’s report is returned we ask you to make an attempt be approved of character and as long as each component of to an applicant’s local bar as- to find the information,” said The think enough of our students take advantage of these edu- fitness, pass the MPRE, pass the application is received by sociation admission committee. Ward. “If there are things you Dean’s cational opportunities. So, I the bar exam, and take an oath the Supreme Court of Ohio by The admissions committee can’t find, we ask you to tell us Column am devoting this column to of office. Nov. 15, not postmarked by contacts applicants for personal you can’t find it because if you a brief description of these offerings in the The bar exam is offered Nov. 15, Ward stressed. interviews. leave gaps or blanks, we don’t hope that it will prompt you to come listen, twice a year in July and Febru- The packet that needs to be The interviews are conduct- know if you forgot to fill in the ask questions, and learn. ary. sent to Columbus includes the ed by at least two members of information, or you can’t get the Each year, our Visiting Scholar Program The deadline for the char- character questionnaire, signed the admission committee. information.“ offers our students and the legal community acter and fitness portion of the and notarized, a certified copy After the interview is com- “The character and fitness an opportunity to meet and hear some of bar application is Nov. 15 of an of an applicant’s college tran- pleted, an applicant will either process can be quite lengthy,” the world’s most distinguished legal schol- applicant’s second calendar year script, a certificate from a C-M be approved, approved with said Ward. “The second-year ars—men and women whose scholarship of law school. This portion of dean confirming the applicant’s qualifications, or disapproved. deadline gives sufficient time expand our knowledge of the law and refine the application can be filed later, start of law school, a signed According to Ward, an ap- for thoughtful review of an ap- our notion of justice. but a student will incur substan- release, a finger print card, and plication is approved with quali- plication before the bar exam.” Continued from page 1-- Past speakers have included U.S. Su- tial late fees, Ward said. the processing fees. fications in situations where Information about the char- preme Court Justices, civil rights leaders, If filed on time, an applicant Once a character and fitness someone has substance or alco- acter and fitness application is legal historians, legal philosophers, and must send a $60 check to the Su- application is considered com- hol abuse problems, is seeking available at www.sconet.state. distinguished practitioners. preme Court of Ohio and a $150 plete, a law admissions special- treatment, but has only been in oh.us. For example, we have hosted Justices Blackmun and Scalia, former U.S. Attorney General Archibald Cox, linguist and politi- cal commentator Noam Chomsky, novelist Smoking: Ohio debates smoking bans and death-penalty abolitionist Scott Turow, and civil rights leaders Derrick Bell and Continued from page 1-- bars and no loss of business would occur. Emma Coleman Jordan. Those in favor of Smoke Less Ohio say that they are concerned There have been conferences and lec- General’s report confirms the dangers of secondhand smoke, “[The about the health aspects of smoking, but they are also worried about tures on the three trials of Dr. Sam Shep- report] also reinforces that the best way to offer protection from the loss of individual freedom of business owners and patrons that pard, on gender and victim rights, on global secondhand smoke is with a statewide law that applies equally to would result from an over the line smoking ban. human rights, on the “death tax,” and on a all businesses. SmokeFreeOhio is eager to give Ohio voters the SmokeFreeOhio supporters say that it would be good public variety of employment rights issues. opportunity to vote to protect their right to breathe clean indoor air policy to allow business owners to decide whether or not smoking In 1999, six years before I became dean, this November,” the newsletter added. should be permitted. I participated in a symposium on high-pro- Smoke Less Ohio supporters argue that Issue 5 will have a Supporters of SmokeFreeOhio argue that Issue 4, Smoke Less file criminal cases. The panel discussion negative affect on restaurant and bar owners, according to a press Ohio, is very deceiving. They state that Smoke Less Ohio does focused on the trial of Terry Nichols, one release issued on Oct. 5, 2006. not limit smoking but would rather support and encourage smok- of the two men convicted for bombing the “I worry about the effects of a statewide ban could have on our ing by permanently allowing it in public places. SmokeFreeOhio federal building in Oklahoma City. I was economy and my business. That’s why I support the reasonable supporters argue that Issue 4 is a big tobacco initiative aimed at one of the prosecutors in that case. Profes- policy of Smoke Less Ohio,” said Patricia Bowler of Pat Dee’s Pub ensuring smoking for the foreseeable future. sor Adam Thurschwell, who organized and and Eatery in the press release. Issue 5 supporters argue that the Smoke Less Ohio television participated on the panel, was one of the In support of their claim, proponents of Smoke Less Ohio al- advertisements are deceiving because the ads give the impression lawyers who represented Nichols. That lege that bars and restaurants in Columbus, Ohio, suffered a drop that Issue 4 is doing a good thing by banning smoking in 90 percent experience was my introduction to this com- in business as a result of a citywide smoking ban. of public places. But in reality they are prohibiting smoking in munity of students and scholars. SmokeFreeOhio supporters responded by saying that the smok- places that already do not allow smoking such as schools, grocery This year, you have already had a chance ers have gone to suburban bars where smoking is allowed. Those in stores, airports, and museums. Issue 5 supporters state that the to hear one of the country’s foremost foren- favor of SmokeFreeOhio say that a statewide smoking ban would advertisements forget to tell you that smoking will be allowed in sic psychiatrists, Dr. Philip Resnick. And level the planning field and the smokers would return to the city bars and restaurants if Issue 4 is passed. I hope you heard Professor Gerald Torres discuss the role that social movements have played in making American democracy the September 11th have transformed public sec- receive a fair trial. held approximately three times each semes- representative government it was meant tor employment; this lecture is the second of March 29, 2007 – Professor Kimberly ter in the Student Services Center. These to be. three in the annual Employment and Labor Yuracko, a law professor from Northwestern presentations showcase to our students the There are still many more lectures this Law Speakers Series. University, will discuss “trait discrimina- scholarly and professional interests of our academic year: March 6, 2007 – Professor Thomas tion” and its affect on Title VII of the Civil faculty. These presentations are designed to November 14, 2006 – Professor Toni Carbonneau, a law professor at Penn State Rights Law; this lecture is sponsored by foster a sense of community and to answer Williams, who is a criminal law scholar at University, will be here as the 84th Cleve- Duvin, Cahn & Hutton, a prominent labor a question that students often ask: what do Osgoode Hall, will speak about disparities land-Marshall Fund Visiting Scholar; he will and employment law firm. our professors write and think about? in the sentencing of indigenous peoples and speak about the role of judicial doctrine in Many practicing attorneys attend our Each one of these lectures is like a other minority populations in Canada; this arbitration; this lecture is being underwritten lectures, which are free and open to the short course – but without the anxiety of lecture is the second of three in the annual by BBP Partners, a boutique consulting and public. But you – our students – are the an exam or a grade. Indeed, these lectures Criminal Justice Forum. accounting firm. audience that our speakers prize the most. provide you with an opportunity to critique February 15, 2007 – Ronald J. James, March 22, 2007 – Professor Susan So, I encourage you to join us for these the faculty. the country’s first Chief Human Capital Bandes, a law professor from DePaul presentations. In short, take full advantage of these Officer in the Department of Homeland University, will discuss crimes that are so I also encourage you to attend the C-M many and varied opportunities. You will Security, will discuss how the attacks of horrible that the accused may not be able to Faculty Speakers Series. These lectures are be glad that you did. THE GAVEL n LAW NOVEMBER 2006 n 3 Visiting Scholar Gerald Torres shares philosophy

By Paul Deegan dence as “a philosophy, by participating in social movements, Tor- STAFF WRITER a methodology, and res said. On Oct. 10, Professor Gerald Torres a practice that views Social movements may be failures gave a presentation entitled Social Move- lawmaking from the when they occur, but they contribute to ments and Law Making as part of the 83rd perspective of informal the creation of new meanings that are the C-M Fund Visiting Scholar series for both democratic mobiliza- foundation of new laws. students and local attorneys. tions and disruptive so- People ought to have a way to engage Torres’ lecture dealt with the intercon- cial movements that institutions of power. Large groups of nectedness between law making, legal serve to make formal people are powerful, but effective participa- change, and meaning making. institutions, including tion is the key. As a nation, some of our laws do not those that regulate legal Groups of people have a “linked fate” accurately represent the actual meanings culture, more demo- to other groups. Once the “linked fate” is people attribute to things within our cul- cratic.” recognized, the groups can merge to become ture, but Torres attempts to bridge that gap Torres posits that it even more powerful, Torres said. with new ideas to create a more effective is ordinary people not Torres gave a few examples of this democracy. just judges and leg- phenomenon in his lecture.

“My ambition is to jumpstart a broader Photo by Paul Deegan islatures, who create He described how groups of people, and more interdisciplinary conversation law. diverse in heritage, came together to stand among legal scholars, social scientists, and As a philosophy, up against forces that hoped to turn their historians about the process through which “The law belongs park into an industrial area. popular mobilization makes meanings that to all of us, it is too They came together for mutual benefit are then codified in law,” Torres said. important to have it and their influence overcame the industrial in the hands of the interest. Torres said that this type of effec- elite,” Torres said. tive participation is important to an effective “Legislatures and democracy. courts change rules, Professor Torres did not offer a conclu- Professor Gerald Torres lectures during his presentation but there is no real sion at the end of his lecture. Instead, he Correction as part of the C-M Fund Visiting Scholar series. meaning until the cul- said he is motivated by his audience and ture changes to incor- hopes to stimulate questions and debate. • On page 3 of the September porate those rules,” “I learn more from my audience than my 2006 issue, The Gavel incorrectly Torres and his colleague, Lani Guinier, continued Torres. Ordinary people create audience does from me,” Torres said. identified the author of the Justin have brought up this conversation to de- an initial rule shift and change the baseline Professor Gerald Torres is the Bryant Vanderburg article as Techa Foster. velop a new field of study, which Torres understanding, not the courts and legisla- Smith chair in law at The University of and Guinier have coined Demosprudence. The correct name of the author tures. Texas Austin and is a visiting professor at Torres is the first to admit the ugly word should be Tesha Parker. Torres does not believe the law should Harvard Law School this academic year. belies its true meaning. be the exclusive domain of lawyers who C-M is hosting another Visiting Scholar Torres and Guinier define Demospru- practice law. Many people can “do” law event on Nov. 14.

Cocaine: trademark Renovations: construction to be class challenges name complete by spring semester 2008 Continued from page 1-- Continued from page 1-- will be displaced during the reno- to the appropriate persons.” in The Plain Dealer. After a trademark request has been published, the vations, but they will be tempo- If construction is going on public has thirty days to file an opposition. If no one files an opposition, rarily relocated to LB 120 in the during the exam period, it will not then the trademark request is approved, stated the article. library. take place in areas that will affect Kirby and Redux Beverages have 40 days to answer C-M’s Op- and creating a new entrance. The Student organizations moved students who are taking exams, position. new entrance, made entirely of to the library will only have access Mearns said. Cocaine’s Web site indicated that several retailers in New York, glass and small steel support, will to their respective offices during However, should complaints Florida, and California began selling the energy drink. be located at the corner of E. 18th library hours. arise that construction is disrup- New York lawmakers have called for a boycott on the sale of the and Euclid Ave. Student Bar Association Presi- tive, contingency plans will be beverage, according to an Oct. 3, 2006, article in The New York Times. “Because the whole entrance dent Scott Kuboff thinks that developed, Mearns added. Many believe that the energy drink will act as a catalyst to illegal drug is going to be glass and small temporary displacement of student Other interior renovations in- abuse, especially in today’s youth. They argue that the mere promotion steel support, there is going to be organizations in the library will clude making the well of the moot of the product name will induce more drug use and combat national a lot of natural light streaming give those student organizations court room handicapped acces- drug prevention efforts. into the area,” Mearns said. To an idea of how their offices will sible and rebuilding the four law “I can think of no other product except real cocaine that could have the right and the left of the new be set up after renovations are school heating, ventilation and air that effect on the public,” said Kirby to the New York Post in a Sep. entrance will be a lounge and complete. conditioning (HVAC) units with 17, 2006, article. gathering space surrounded by “In some sense, we are going the goal of optimum functioning The energy drink comes in an 8.4 fluid ounce can and contains 280 landscaping. to get to have an idea of what the and improved airflow. milligrams of caffeine, states Cocaine’s Web site. Cocaine will give a A new conference room with new student organization suite is Since rebuilding these systems person a “high” feeling that is followed 15 minutes later by a caffeine two glass walls will be constructed going to be like because it is going means that there will be periods of boost that will last five to six hours. on the first floor of the extended to be an open work space for the time when there will be no HVAC The company claims Cocaine is “350 percent stronger than Red portion of the C-M building. On student organizations and the SBA in the law school, rebuilding will Bull” and uses simple sugars and vitamin B12 so drinkers will get the the second floor, there will be a will have its office off to the side,” take place during the summer of full energy buzz without experiencing the sugar-crash associated with large gathering space for students Kuboff said. 2007. other energy drink, according to its Web site. with tables and chairs. To help address questions, Summer semester classes will Redux also added a secret ingredient in the beverage that produces a The upcoming construction complaints and concerns related be relocated to other CSU build- numbing sensation in the throat similar to the effects of the illegal drug, project also includes interior to the renovation project, SBA is ings. according to the ABC online article. The company offers a number of renovations for the garden terrace putting together a “building reno- “I believe students are going Cocaine and alcohol recipe combinations on its Web site with names room located in the building’s vation task force,” Kuboff said. to be extremely pleased with the like “Liquid Cocaine” and “Cocaine Snort. “ The company, however, basement. “The Task Force will be used changes in the building,” said goes on to state that it does not advocate drug use. In this space, there will be as a general liaison between stu- Kuboff. “It is going to be an open Currently, the product is advertised on myspace.com with signifi- three new seminar rooms, a faculty dents and the administration re- and inviting space that is going cant adolescent and teen exposure and may eventually include other presentation room, a new student garding student concerns,” said to be perfect for unwinding after national markets like Amazon.com and E-Bay. The company plans to organization suite, and a larger Kuboff. “So if there are any safety class, meeting with friends, and extend its distribution in clubs and retail stores nationwide by the end law clinic. concerns or complaints, we will even just reading a book here and of the year. Some student organizations take them and move them forward there.” THE GAVEL Page 4 November 2006 Outlining LawLaw advice for Journal forum discusses drug plan By Margo Moore ence in the discussion,” Priya Department of Rheumatology; Joseph R. Lex, M.D., and Di- fi rst years GAVEL CONTRIBUTOR Krishna, the Journal’s Co-Edi- and Elizabeth Thames, a rep- rector of the Department of C-M Journal of Law and tor-in-Chief, said. resentative form Congressman Emergency Medicine at Temple By Karen Mika Health kicked off its annual The new plan went into Sherrod Brown’s offi ce. University Hospital. LEGAL WRITING PROFESSOR lecture series Sept. 29 with a effect January 1 of this year, The forum was provided at Dr. Lex will present The People keep telling me I should be dynamic and well-attended but many Medicare benefi cia- no cost to the public, and three FDA: A Watchdog that Doesn’t outlining all throughout the semester, Medicare roundtable. ries still have not signed up to free hours of CLE credit were Bite and Has No Incentive to but I hardly know what’s going on to The Journal’s The New receive prescription drugs ben- available. The speakers offered Bark. Dr. Lex lectures around be able to outline it. Is it best to put Medicare Drug Plan: Puzzle efi ts. Part D has several plans their own perspectives on the the world and has published things together as you go along, or at or Prescription for Health? to choose from, and some argue current law, as well as their opin- numerous articles. Last year, the end of the semester when you have provided a unique opportunity that the information available to ions on the positive and negative Dr. Lex spoke about the physi- a chance to concentrate outside of the for insurance, medical, and legal consumers can be baffl ing. aspects of Medicare Plan D. cian-pharmaceutical industry day-to-day preparation of class? experts to come together and At the fi rst Journal lecture of “This event was also a good relationship. That lecture is Different people have differ- inform the community about the the year, a group of four panel- start to the Journal’s annual available in Volume 18; Issue 2 ent learning styles and are able to complexities of the new Medi- ists brought a unique perspective Speaker Series, which includes of the Journal (18 J.L. & Health “master” information in varying care prescription drug benefi t, on the daunting Medicare plan two more events in the spring,” 323). Also, the Journal wel- increments. Medicare Part D. and then answered questions. Austin McGuan, the Journal’s comes back professor Deborah One of the misapprehensions Medicare Part D is the new Speakers included Douglas other Co-Editor-in-Chief, said. W. Denno, J.D., Ph. D. about law school, and maybe about federal program created to aid Anderson from the Ohio Depart- The Journal of Law and Professor Denno will intro- learning in general, is that an outline Medicare recipients, mostly ment of Insurance Executive Health sponsors speaker events duce Legal Implications of Re- is this thing with defi nitive rules and seniors, with skyrocketing pre- Counsel; Alice Palmer, M.S.W., throughout the academic year. search on Genetics and Crime. that once you write it down on paper scription drug costs. from the Cleveland Clinic De- The series continues this spring Professor Denno is from Ford- it’s permanent and unchangeable “The speakers provided a partment of Social Work and with two prominent presenters. ham University School of Law – even if it’s later discovered to be lively debate amongst them- Child Life; Stanley Ballou, On Tuesday, Feb. 20, 2007, and is a distinguished Arthur A. incorrect. selves and involved the audi- M.D., from the MetroHealth the Journal will welcome back Givney Professor of Law. An outline is no more than a processing of information that enables each indi- Legal vidual to put some organization to Writing what he/she has learned. It is a tool to organize an individual’s thoughts L a w c l i n i c o f f e r s rather than this creation (looking THE GAVEL something like Gilbert’s) that has CLEVELAND-MARSHALL COLLEGE OF LAW every conceivable correct answer to CLEVELAND STATE UNIVERSITY experience for students 216.687.4533 TELEPHONE a test question. 216.687.6881 FAX To that end, the answer to your [email protected] question is that it’s best to do both By Emily Honsa First-semester students are responsible – every once in a while, take a step GAVEL CONTRIBUTOR for research and participating in training back and organize what you think The innocuous phrase “2-5 years experi- activities. you’ve learned, even if it doesn’t ence required,’ haunts many law students in “First semester, the purpose is to break seem to be a whole lot, and then their job search as fi rst-time attorneys. students in to learning about neighborhood when the semester is over, try to For C-M students, one answer to this issues in Cleveland and especially those that organize the larger picture of the full hurdle is the Urban Development Law specifi cally affect our clients,” said second- semester’s material. Clinic (UDLC), also known by its former semester student Brad Hull. Co-Editors-in-Chief Additionally, there’s nothing name, the Community Advocacy Clinic. He and other second-semester students The name change prepared a tour of a Cleveland neighborhood Margan Keramati wrong with organizing your material Kathleen Locke is part of the clinic’s for fi rst-semester stu- in conjunction with a commercial Shawn Romer publication, such as a Hornbook or efforts to “indicate The clinic gives students dents. Gilbert’s outline, just so long as you more clearly the nature Second-semes- Staff use the materials only to clear up what of the Clinic’s prac- the opportunity to ter students are left Anonymous 1L you might be confused about rather tice,” according to a actually practice law, primarily to do their Drew Behnke than to eliminate the work involved press release issued by own work with the Paul Deegan Joseph Dunson in creating your own outline. the UDLC. learn how to seek assistance of other Tiffany Elmore I might note that I have seen a UDLC started as clients, and learn to students. Review is avail- Joanna Evans variety of ways that students have an offshoot of the Law Kurt Fawver used in preparing for exams. and Public Policy Clinic do billing... able by the supervis- Amey Griffi n I, personally, had only a sketchy to serve the legal needs ing attorneys, but the Brenda Hruska one-page outline of each course that of local non-profi t orga- participants are largely Bradley Hull jogged my memory about a case or nizations. responsible for their own client service. Aaron Mendelsohn John Rose lecture. The director of the clinic is a planning Irina Vinogradsky, a second-semester law expert, Professor Alan Weinstein. student, decided to participate after in- Kevin Shannon I also had friends who learned Chris Tibaldi by writing and re-writing text from Kermit Lind, primary staff attorney, super- terviewing with a law fi rm where it was Daniel Thiel lectures, supplements, and other ma- vises students. Pamela Daiker-Middaugh, made clear that fi rst-year associates are Ben Wiborg terials winding up with outlines well director of C-M’s pro bono program and responsible for billing an impressive amount over 200 pages per class. Carole O. Heyward also supervise as staff of hours. She wanted to arm herself with Contributors Brian Gnandt I also had friends who tested suc- attorneys. practical work experience to compete on The majority of the clinic’s work for such a scale, Vinogradsky said. Emily Honsa cessfully using no written outlines Margo Moore whatsoever. clients is in the realm of urban development The clinic gives students the opportunity Chuck Northcutt However, keep in mind that these issues and real property law. to actually practice law, learn how to seek latter people did not actually skip Some of the clinic’s practice areas include clients, and learn to do billing, Vinogradsky outlining. They merely processed non-profi t corporate governance, affordable added. housing, community development, code The clinic’s former participants have and parceled the knowledge as it Advisor Thomas Buckley found employment with firms such as came in and constructed their outlines enforcement and nuisance abatement. Printer P.M. Graphics mentally. Students are required to be in good Squire, Sanders & Dempsey, L.LP and Dinn, It all comes down to the same standing, have completed at least half of Hochman & Potter, L.L.C. http://www.law.csuohio.edu/students ALL RIGHTS REVERT TO AUTHOR thing – organizing information in a the credits required to graduate, submit an More information about UDLC can be way that is best for you the individual application form, and sit for an interview found at http://www.law.csuohio.edu/co- to access in an exam setting. conducted by one of the clinic’s attorneys. madvocacyclinic/index.htm THE GAVEL n LAW NOVEMBER 2006 n 5 C-M student political organizations participate in campaign activities By Brian Gnandt Tayek at 216-221-9244 or contact Brian By Chuck Northcutt to be an actual campaigning event, it is a C-M DEMOCRATIC LAW ORGANIZATION Gnandt at [email protected]. C-M REPUBLICANS great way for law students to meet local The Democratic Law Organization Because we want to ensure that all votes The C-M Republicans are very ac- politicians and even get involved in their (DLO) at C-M has developed a two- are counted, we are also involved in election tively participating in this year’s elections campaigns if they like what the candidates pronged strategy of supplying volunteers protection efforts. DLO members are work- throughout Northeast Ohio. A couple of our have to say. to campaigns and participating in election ing in conjunction with the Democratic Na- offi cers are involved in local campaigns. Recently, the C-M Republicans invited protection efforts. tional Committee (DNC), Ohio Democratic These same offi cers have actively recruited State Senator Kevin Coughlin to come out DLO members have been volunteer- Party (ODP), and the National Democratic volunteers for these campaigns at club to speak to our club about the inner-work- ing what time they have at local campaign Law Students Council (NDLSC) to recruit, meetings. For an example of the activism ings of the state legislature, which was an offi ces. As a result of Ted Strickland’s train and place poll observers throughout of the CM GOP offi cers, C-M Republicans extremely informative and exciting event signifi cant lead over Kenneth Blackwell, Northeast Ohio. President Arthur Brumett is in contact with for those who attended. An equally excit- many DLO members have been concen- Democratic poll observers will ensure the Cuyahoga Common Pleas judicial cam- ing speaker, Josh Mandel, a Lyndhurst City trating their efforts on Sherrod Brown’s that laws are being upheld and will also paign of Judge Joan Synenberg. councilmen and current candidate for the bid to unseat Mike DeWine in the U.S. report logistical problems to off-site loca- Likewise, C-M GOP Treasurer Chuck Ohio State House, also came to C-M to Senate, Jennifer Brunner in her bid for tions for quick resolution. If you would Northcutt is actively campaigning with speak. Finally, Brummett is arranging to Secretary of State, Barbara Sykes in her like to get involved in this effort please Mayor of Lorain Craig Foltin’s bid for the bring Judge Synenberg to speak at our law bid for Auditor, Richard Cordray in his bid call Tom Powell Bullock at 440-554-7203 13th congressional seat. C-M Republicans school the fi nal week before the election. for Treasurer and Marc Dann in his bid for or 216-696-2006. Secretary Jennifer MacDowell, in turn, With the C-M GOP offi cers working on Attorney General. We expect many people will either constantly notifi es group members through local campaigns, recruiting club members Judicial candidates receiving campaign attend their own election night parties or our email lists of the opportunities to for volunteers, and the C-M Republicans support include William O’Neal and C-M’s will simply attend to their normal Tuesday volunteer on the various local campaigns. inviting local offi cials to come and speak very own Melody Stewart. night routine. Furthermore, C-M Republicans are invited to law students at C-M, we are doing our On Election Day, we expect an unprec- Therefore, the DLO has decided to to attend the Summit County Republican’s part to make sure that our students are an edented volunteer effort to help the cam- celebrate our hard work by hosting a DLO Octoberfest Rally on November 1st to show effective force in the 2006 elections. paigns in transporting voters to the polls and pub crawl in Mid-November. Please stay support for all of the area Republican can- To show that we are always on the look to urge people to wait in the long lines. tuned to our listserv for more specifi cs on didates. out for more student involvement, anyone While grass-roots work is not sexy, it is the pub crawl. In addition to getting our members reading this who is interested in helping the bread-n-butter of what it takes to win If you would like to be added to our involved in local campaigns, the C-M a local Republican campaign is invited in close elections. If you would like to get listserv please email DLO President Jack Republicans are bringing local Republican to contact Northcutt at cnorthcutt@law. involved with these efforts, please call Doug Mills at [email protected]. politicians to C-M. While this is not meant csuohio.edu CSU offers advice on Gubernatorial candidates how to stay healthy discuss views on economy By CSU HEALTH & WELLNESS SERVICES Democrat: Ted Strickland Cold and fl u season is rapidly approaching. Every year, about 5 to 20 Question for Candidates for Governor: What will you do as Governor to improve the economy percent of the population gets the fl u. of Ohio? Specifi cally, to attract new business to Ohio and to keep college graduates from leaving Symptoms of the fl u include: (usually high) fever, headache, extreme the state. tiredness, dry cough, sore throat, runny or stuffy nose, & muscle aches. The Strickland/Fisher Turnaround Ohio plan will create and keep jobs in Ohio by investing in Complications of the fl u can include bacterial pneumonia, ear infections, sinus Ohio’s strengths, such as energy production and entrepreneurship, while bringing to Ohio the jobs infections, dehydration, worsening of chronic medical conditions, or death. of the future by making sure that we have the most educated workforce possible. You may ask “what can I do to protect myself?” That’s not so easy to We know that healthy, happy children are able to learn; that good learners in effective schools answer! become educated students ready to contribute as workers; that able workers stay where there are First, look at your hands. Your hands transmit germs, especially cold and worthy opportunities. fl u germs. We were all taught to cover our mouths when we cough – right? We know that when good jobs are performed well, for fair pay, we start a cycle of success that But what do people do with that coughed on hand that now has all those germs builds its own momentum, creating opportunities for new investment, a growing tax base, and on it? They touch something. stable families -- everything Ohio has been losing for almost two decades. Those germs are quite hardy and can live on whatever surface they are You can learn more about the specifi c proposals in the Strickland/Fisher Turnaround Ohio plan on for a while. When someone else touches that surface and puts their hand at tedstrickland.com. to their face, they give themselves a large dose of germs. The most important thing you can do is to keep your hands away from Republican: J. Kenneth Blackwell your face and wash them frequently with soap and warm water for at least Question for the Candidates for Governor: What will you do as Governor to improve the 15-20 seconds! Avoid touching your eyes, nose, or mouth. And if you have economy of Ohio? Specifi cally, to attract new business to Ohio and to keep college graduates to cough, cough into your shoulder, not your hand. When you sneeze or blow from leaving the state? your nose into a tissue, throw it away and then wash your hands. As Ohio’s next Governor, my top priority is to rebuild our economy and create new jobs by: You can also get a fl u shot or FluMist at CSU Health & Wellness Services (1) making our tax code friendlier towards job creation, (2) reforming our regulatory system, (3) by calling x3649. The fl u vaccine is the best way to prevent and control the fi nishing the job on tort reform, (4) improving performance in our public schools and (5) providing fl u. affordable health care options for all Ohioans. Shots may also be obtained at your doctor’s offi ce or at one of the drug We cannot tax our way into economic recovery. We must control spending and cut taxes to be stores which is offering them. Likewise, pneumonia shots are available at competitive. I will spur economic growth and job creation through a lease of the Ohio Turnpike. Health & Wellness Services. Anyone who is over 50 or who has a chronic This will provide new dollars to invest in infrastructure projects vital to job growth, without new illness should be immunized against Pneumonia. taxes. Close contact with people who are sick should also be avoided, but that We will improve our education system by requiring more of every education dollar be spent is easier said than done. If someone has the fl u or a fever, they should stay on in-classroom expenditures. home and not come to work or class. This way other people won’t be exposed If we improve our tax structure and educational system, we make a strong case for young to their germs. professionals to work, live and raise a family in Ohio. Other things we can do to stay healthier are to get enough sleep, exercise, manage your stress, and eat a well balanced diet. (That does not mean cook- Green Party: Bob Fitrakis ies in either hand!) That means fruits, vegetables and low fat fi sh, poultry Question for Candidates for Governor: What will you do as Governor to improve the economy and dairy products! Our body is like a machine and if we don’t take care of of Ohio? Specifi cally, to attract new business to Ohio and to keep college graduates from leaving it, it won’t run well. the state? We weren’t designed to be couch potatoes – if we were, we would look like them at birth! So, get moving, walk more & take the stairs instead of the elevators. Here’s to your health! “Health Care on Campus” A Division of Student Affairs Information provided by League of Women Voters THE GAVEL Page 6 CareerCareer November 2006 Alumna runs for Cuyahoga county judge

By Kevin Shannon Although she is a registered Republican, the faculty at C-M. She believes her educa- When asked which endorsement she was STAFF WRITER Synenberg describes herself as “apolitical,” tion at C-M left her extremely well prepared most proud of, Judge Synenberg pointed to Arguably the most talked about judicial and notes that on the ballot, the judges’ party for her legal career, and this opinion is held her perfect 4.0 rating by the independent race in Cuyahoga County this year has been affiliations are not listed. throughout the Cleveland legal community, non-partisan Judge4Yourself organiza- the Cuyahoga Common Pleas Court race Governor Bob Taft appointed her to the according to Synenberg. tion. She received unanimous ratings of between Cleveland Municipal Judge Joan Cleveland Municipal Court in 2005, and She describes herself as very active in “excellent” from each of the local bar as- Synenberg and local attorney Christine she won the following election. Synenberg the community and sociations participating Agnello Russo. joined this current race in August after the is particularly proud According to Synenberg, in the survey. The race to replace current Judge Ann previous Republican candidate dropped at her efforts in ex- the most challenging Some controversy Mannen has out. Eschewing the typical Republican pungement educa- surrounds Judge Synen- gotten a great mantra of being tough on crime, Synen- tion, she said. She aspect of being a berg’s opponent, Chris- deal of local berg prefers to be labeled “fair on crime,” mentioned her par- municipal court judge tine Agnello Russo, media atten- she said. ticipation with 2005 who has been the sub- tion. She stated that it is her fairness and C-M alumni Benjamin is the large volume of ject of intense media The Gavel compassion and former occupation as a Zober’s production of cases often 60-100 per scrutiny. recently sat social worker that allow her to treat each “Expungement: the Ms. Russo has been d o w n w i t h individual with respect in trying to find the Movie” that sought to day. a lawyer for 17 years, J u d g e J o an good in each person before her in court. educate citizens about first with the Cuyahoga Synenberg to Just the other day, she was excited to the process of having County Prosecutors Of- discuss her receive a letter from a woman who stated past convictions expunged. fice and most recently as a family relations campaign, ex- that the Judge was the first person who Synenberg also values her work on attorney. perience, and had ever believed in her. behalf of pro se civil litigants. Although Much of the media attention has focused qualifications Synenberg believes that “people are the Constitution ensures each criminal on an incident occurring on April 23, 1994, for the bench. inherently good,” and she seeks to look be- defendant the right to a lawyer, the same in which Cleveland and Berea police found After earning a law degree from C-M, yond the crime and figure out the underlying does not hold true for civil defendants. The a bag of marijuana in Ms. Russo’s freezer Judge Synenberg worked as a social worker issue in the person’s life, Synenberg said. Judge noted that poorer defendants who ap- after raiding her home. for a few years. According to Synenberg, the most chal- pear before her did not always realize the Soon after the incident, Ms. Russo re- She then became a criminal defense lenging aspect of being a municipal court rules of civil procedure and were at risk of signed from the prosecutor’s office. attorney, practicing for 16 years and repre- judge is the large volume of cases often 60- having their cases dismissed for failing to The Call & Post have endorsed Ms. senting plenty of high profile clients. 100 per day. However, she enjoys perform- file certain motions. Russo. Her former clients include Tom Coyne, ing weddings and has performed thousands To combat this unfair disadvantage, The election takes place on Tuesday, the former mayor of Brook Park, and Jamaal of them during her relatively short tenure, Synenberg is a member of the Volunteer Nov. 7, and The Gavel encourages all C- Harris, the former Cleveland State Uni- Synenberg said. lawyers assistance program, which seeks to M students to contact their local elections versity basketball star accused of robbing Judge Synenberg stated that she is a educate pro se civil litigants about the rules board to determine their proper polling Cleveland Indians pitcher C.C. Sabathia. “big fan” of Dean Mearns and the rest of of civil procedure, she said. place.

Senate candidates Bad grades didn’t stop discuss healthcare Republican: Mike DeWine my path to fulfillment Question for Candidates for U.S. Senate: What measures will you support to cope with rising costs of Medicare and Medicaid? Would any of these measures involve shifting additional costs to the states? Alumna discusses successful career despite struggles in law school Medicare and Medicaid are a vital health care provider for mil- lions of Ohioans. As a United States Senator I have voted to protect By Lisa Gold Scott that bad grades necessarily meant ing administrator for the city of and improve both programs because I understand their importance to ALUMNA 1994 C-M GRADUATE I’d be a bad lawyer. Cleveland. seniors, the disabled, women and children. Last year (2005) I voted Throughout law school and for Despite everyone’s concerns, I longed for the courtroom and against the federal budget. One of the primary reasons I did do was a few years after, I was plagued I landed a job immediately af- the opportunity to help individuals because it cut Medicaid. Last year I also supported protecting seniors with self-doubt and anxiety about ter graduation with a nonprofit directly, so I returned to The Hous- from steep increases in their Medicare premiums. In 2003, when many the choices I made during those fair housing organization, doing ing Advocates, where I work as a states, including Ohio, were having budget problems I voted for giving three years of hell. mainly transactional and legal lawyer today. states more money for Medicaid so they did not have to cut services. My grades were horrible. I support work. When I ran into a high school I believe that the federal government must help states when it can so didn’t participate in law review, As part of my duties, I had friend and updated her on my cuts to this vital program can be avoided. moot court, clinics, or externships. the opportunity to work with professional life, she pointed out I have and will continue to work on providing quality care at the I felt I could never compete with The Housing Advocates, a public that I was doing just what I always most affordable cost to those served by Medicare and Medicaid. all my friends who would make interest law firm in Cleveland said I’d do- represent the underdog such wonderful lawyers. that represents individuals and and try to save the world. Democrat: Sherrod Brown My interview for bar admis- organizations in fair housing liti- In that moment, I breathed a Question for Candidates for U.S. Senate: What measures will you sion didn’t exactly build my self- gation, so I applied for a position huge sign of relief as those feelings support to cope with rising costs of Medicare and Medicaid? Would confidence, either. with the firm. of inadequacy and incompetence any of these measures involve shifting additional costs to the states? I met with three respected The Housing Advocates took flowed out of me. The first step is structural. All care for the elderly, including long- partners at well-established firms a chance on me without asking to In 2002, I gave birth to my first term care, should be incorporated into Medicare. This would relieve in town. Interestingly, they didn’t see my transcripts. child. That event, perhaps more the states of the largest component of Medicaid spending and encour- question me on issues directly re- I quickly gained experience than anything else, put things into age cost-efficient integration of health and long-term care services for lated to my character and fitness, with The Housing Advocates that perspective. Although your GPA Medicare beneficiaries. I will continue to support legislation that would like those high school suspensions my smarter friends “drooled” over. may seem to dominate ever deci- authorize the federal government to negotiate reasonable prescription on my record. I had two trials in federal court in sion you make at this point, keep drug prices for the Medicare program, as the VA does today. This Instead, they grilled me on my les than two years. focused. could result in price reductions of 50 percent or greater. I will also grades. One of them asked how I I conducted depositions, en- Remember why you went to support aggressive research and interventions aimed at reducing the expected to find employment with gaged in motion practice, and en- law school. Know there are many incidence and severity of chronic disease, which is a major factor in grades like mine. tered into settlement negotiations paths to help you arrive at your the rising cost of Medicare and Medicaid. And I will support efforts These attitudes fed into a on behalf of our clients with some destination. to identify best practices in health care, which improve the quality of vicious practice- measuring my impressive opposing counsel. Once you arrive, you’ll realize care and combat excess spending. Noon of these measures would shift self-worth by my less-than-stellar Eventually, I left the Housing it’s only a stopping point to the additional costs to the states. academic performance. I believed Advocates to become fair hous- next destination. Information provided by League of Women Voters THE GAVEL n POLITICS NOVEMBER 2006 n 7 TheThe PoliticalPolitical BroadsideBroadside Effect of minimum wage increase debated Issue: Should Ohio voters pass a constitutional amendment to raise the minimum wage?

By Bradley Hull By Joseph Dunson CONSERVATIVE GAVEL COLUMNIST LIBERAL GAVEL COLUMNIST Vote no on Issue 2. Though emotionally compelling, a This November all C-M law students should vote “yes” 33 percent increase of Ohio’s minimum wage would hurt on Issue 2. For too long Ohio’s Legislature has failed hun- the poor and subsidize Wal-Mart. dreds of thousands of Ohioans by not ensuring them a living The world’s most highly-respected economists oppose wage in exchange for their labor. minimum wage increases. This list includes former Federal It is time that we, the voters, right the wrongs of our Reserve Chairman Alan Greenspan, Nobel Prize winning elected officials. economists Edmund Phelps (2006), Gary Becker (1992), At $5.15 per hour, an Ohioan working a full-time mini- and the “godfather of modern economics,” Milton Fried- mum wage job makes roughly $10,700 per year. As the cost man (1976). of living increases it devalues the minimum wage, which Contrary to common perception, in 1996 Congress’ Joint is now worth less than it was in 1950 and causes minimum Economic Committee Report found that “all credible research [demonstrates that]…raising wage earners to fall further into poverty. the minimum wage hurts the poor.” The Heritage Foundation’s Tim Kane noted in 2005 Critics of Issue 2 first argue that a minimum wage hike will both result in layoffs and that wage hikes keep “the poorest of the poor…out of the labor market.” stultify business expansion, especially among small businesses. If Issue 2 passes, low-income workers would absorb most of the forecast economic These arguments fail according to an April 2004 non-partisan Fiscal Policy Institute damage. A February 2006 Employment Policies Institute (EPI) study found that the study which found that “[t]he number of small businesses across the economy with fewer mandated increase would cost roughly 12,000 Ohio jobs, with $106 million in lost worker than 50 employees grew by 5.4 percent from 1998 to 2003 in the higher minimum wage wages and $202.6 million in increased labor costs. states, compared to a 4.2 percent increase for the balance of the states.” Individuals earning less than $25,000 annually would suffer 32 percent of the job Further, “[i]n the higher minimum wage states as a group, small businesses had faster losses. Almost 80 percent of the benefits of the wage increase would go to middle-class or growth (6.7 percent vs. 5.3 percent for the other states combined).” upper-class families. This is because, albeit counterintuitively, the average family income In short, minimum wage hikes result in increased entrepreneurship and small business of affected Ohio employees is $52,000 annually, and less than 10 percent of minimum growth. wage workers are the sole earner for a family with children. Finally, families with incomes In 1990, 1,000 U.S. economists were asked whether a minimum wage hike would below $15,000 would experience only a $63 increase in annual income. negatively impact the job market. 63 percent of the respondents found that it would. The 1996-97 federal minimum wage hike caused similar job loss. The Federal Reserve A year 2000 follow-up to the same survey found that only 45 percent of those originally Bank of San Francisco estimated that as many as 457,000 teenage jobs were eliminated surveyed still believed that a minimum wage hike would negatively affect the market. as a result. An Ohio minimum wage increase would negatively affect both education and Why the shift among the experts? Perhaps evidence gathered by 2000 from states with wages. In 2003, Professor David Neumark and Federal Reserve researcher William Wascher higher minimum wage levels convinced 18 percent of the 1990 respondents that minimum concluded that wage hikes motivate some students to leave school and start working. Thus, wage hikes are not ‘bad for business.’ a 10 percent wage increase caused school enrollment to decrease by 2 percent. In 2004, Some Issue 2 critics argue that by tying periodic minimum wage hikes to the inflation Neumark found that minimum wage hikes reduced the incomes of workers exposed to rate businesses may be forced to raise wages substantially in the event of an economic them over a decade later. This results from less initial employer training, to counteract downturn. the resultant rising labor costs. Thus, Neumark and Wascher concluded in 2002 that wage Such a provision is justified when one weighs the relative interests of businesses and hikes redistribute income among low-income families, not to low-income families. wage earners. Small businesses would be disproportionately harmed by a wage hike. The Small By linking the wage level to the Consumer Price Index, Issue 2 rightly mandates that Business Administration found that they employ two-thirds of minimum wage earners. wages will be automatically adjusted to respond to increased burdens in the cost of living Thus young and low-skill workers would find entering the workplace more difficult. A without revisiting the arduous political process every year. 1979-2004 EPI study found that a legally-mandated 10 percent wage hike reduced small Critics lastly claim that the Ohio Constitution is not the proper venue for a minimum business employment 1.2 percent overall and 9 percent for teenagers. Internationally- wage hike, which they believe would be better addressed by statute. These critics rightly renowned economist Bruce Bartlett noted that “with so many [small businesses] close to claim that Constitutions should be comprised of principles that guide societies throughout the edge…it does not take much to [bankrupt] them…[and] the minimum wage is like a the generations. tax on [them].” Unsurprisingly, Wal-Mart supports raising the minimum wage. However, they fail to appreciate the evolution of minimum wage law in American The few major studies demonstrating that wage hikes cause positive economic impact jurisprudence and culture. Since Congress enacted the Fair Labor Standards Act in 1938, have been discredited. Becker concluded that studies by Princeton professors Card and the concept of a ‘minimum wage’ has evolved from a simple check on employers into the Krueger “are flawed” and wage hikes substantially reduce employment. EPI noted this benchmark for employment standards. May than an FPI study was “based on faulty statistical methods” and presents an inaccurate Minimum wage law is the legal and cultural institution by which we judge our nation’s picture of state-level wage increases. treatment of its lowest level workers. Because it has become and will remain a guiding According to government statistics, 90 percent of entry-level workers hired at the principle of labor law, ‘minimum wage’ rightly belongs in Ohio’s Constitution. minimum wage earn more one year later. Thus, Bartlett notes that eliminating these jobs As my opponent says, facts matter. through wage hikes “keeps youngsters from gaining a first foot on the economic ladder From January 1998 to January 2006 the Fiscal Policy Institute found that “aggregate to success.” employment in the higher minimum wage states (plus D.C.) increased by 9.7 percent,” The St. Louis F.R.B. notes that wage hikes hurt entrepreneurial activity. Already viewed which is almost 30 percent higher than the combined 7.5 percent job growth rate of the as corporate-hostile, Ohio cannot afford this. other 39 states. These Chambers of Commerce oppose the wage increase: Ohio, Cincinnati, Columbus, Vote “yes” on Issue 2 to help Ohio’s minimum wage earners feed their families, heat Dayton, Toledo, and Youngstown/Warren. NFIB, the largest U.S. small business lobbying their homes, and put gas in their cars. Vote “yes” on Issue 2 to stimulate overall job growth organization, also opposes it. Wal-Mart strongly supports it. You decide. and small business development across Ohio. Liberal rebuttal... Conservative rebuttal... Kenneth Arrow, Lawrence Klein, and Robert Solow advocate raising the minimum Facts matter, part two. Yours are wholly inaccurate. wage, and they are all nobel laureates and past presidents of the American Economics Both FPI “studies” have been discredited. The EPI noted in May that neither “study” Association. Aren’t they highly respected? presented any explicit test for statistically significant differences in employment. Unsurpris- Stop feeding us extremist drivel. If Tim Kane had his way, Congress would repeal the ingly, FPI’s “aggregate economic benefit” finding is refuted by economists named Greens- FLSA and allow business to exploit labor with impunity. pan, Phelps, Becker and Friedman. NFIB opposes wage hikes because they negatively I may be mistaken, but I thought our society rejected unbridled worker exploitation affect small businesses. The 1979-2004 EPI study, which spanned a longer timeframe and back in 1938. avoided FPI’s egregious methodological errors, provides corroboration. You hang your hat on the Macpherson EPI study. That’s courageous of you. In fourth quarter 2005, five of six New England states had minimum wages exceeding EPI is controlled by Rick Berman, the big business lobbyist who stays rich by keep- the federal level, but no mountain region states did. By nearly eight times, the latter’s job ing the minimum wage low. EPI is about as non-partisan as Ken Blackwell is tolerant growth exceeded the former’s (BLS data). Coincidence? of gays. You misinterpreted the Fuller/Stevenson survey. It found that, by nearly a two to one Of course EPI is going to question the Fiscal Policy Institute’s methodology. Fighting ratio, economists currently believe any minimum wage increases unemployment among wage increases is EPI’s raison d’etre. young and low-skill workers. So who should we really believe here? As my opponent says, “you decide”. EPI is an The Democratic Leadership Council noted that only 20 percent of minimum wage anti-wage advocacy group controlled by a big-business lobbyist, and FPI is a non-partisan workers are impoverished. A wage hike will eliminate many low-income workers’ jobs. research center. The expected $63 increase will not elevate the others from poverty. Who led the attack against the famous neutral Card-Krueger study? Our old friend “Legal…institution by which we judge our nation’s treatment of its lowest level Rick Berman. Who supports Neumark and Wascher? Our old friend Rick Berman. workers”? This wage hike really translates to “Pad Wal-Mart’s profits and take jobs from Learn the difference between partisan posturing and actual science. Facts matter. the poor”. n 8 n SEPTEMBER 2006 THE GAVEL OPINION THE GAVEL n OPINION THE GAVEL n OPINION NOVEMBER 2006 n 9 OpinionOpinion Vote Dann for Attorney General Attack ad season

By Kathleen Locke candidate’s future actions as an elected took place. is here again, CO-EDITOR-IN-CHIEF official is out of control. And, it is not Tom Noe, who has been referred It’s time for change in Ohio. After limited to the legislature. to as the go-to guy for GOP funding, almost eight years under a governor In an article recently published in is now on trial for allegedly stealing pass the cheetos whose approval rating hit a well-de- The New York Times, the reporter de- from a $50 million state investment By John Rose served 6.5 percent (Zogby) and was scribed just how neutral and detached fund. Noe’s former personal assistant GAVEL COLUMNIST named one of the three worst gover- the Supreme Court of Ohio actually recently testified that Noe referred Very recently I was at a party watching a college football nors by Time Magazine, the state has is. The New York Times reported that to the state’s investment fund as his game when one of those campaign ads came on. The an- little to cheer about. Justice Terrance O’Donnell voted in personal ATM. nouncer, in a grave and scolding voice, told the audience Along with our eco- favor of his campaign contributors 91 How did Betty Montgomery re- for the umpteenth time that “Sherrod Brown let us down.” nomic and social de- The percent of the time. spond to charges that she, as state A number of friends there, Republicans and Democrats cline, our state has been Gavel It is now not surprising that Ohio- auditor, should have been aware of alike, were lamenting on the nature of these negative ad- plagued by political cor- Editorial ans are ready for a change, and they the misappropriation of these funds? vertisements. The consensus was that attack ads were bad Opinion ruption and scandal giv- are ready to hold the party under She stated that if she is guilty of do- for the country and that we deserve better. They were so ing our state national which this decline took place respon- ing anything, she’s guilty of doing sincere in their collective belief that the whole attack culture attention due to our elected leader’s sible. Ted Strickland is trouncing Ken nothing. While this statement is less of political discourse was what was wrong with politics. astounding lack of ethical principles. Blackwell, and Sen. Mike DeWine than compelling for someone who is Now, far be it from me to go against the mainstream, but And what has happened in Ohio is is falling further behind Sherrod running for attorney general, it exem- I think my friends got it wrong. It seems to me that attack not unusual. With money and power Brown. plifies the need for our elected officials ads, and the whole negative culture of political discourse in feeding the political process, it is often While the Republicans seem to be to be held accountable. this country, represent the triumph of the free market. deemed to be less politically damaging on the way out, one candidate contin- Marc Dann has acted to ensure Whatever else you may think of the folks who design for an official to look the other way ues to remain in the public’s favor, an accountability by working to uncover these campaigns, you have to concede they are smart people. when a “friend” is making question- honor that she does not deserve. This documents related to the Coingate Campaign strategists run attack ads because they work. able or even illegal ventures. candidate is our current state auditor scandal. Dann has also proven his The reason they work is because we the voters respond Who are these friends? They are Betty Montgomery. commitment to the public by intro- to them. the well-funded lobbyists, campaign Betty Montgomery is running ducing several state bills designed Whether or not you believe John Kerry would have contributors and similarly situated against State Senator Marc Dann for to protect Ohio families and not just been a good president, you can’t deny that the “Swift Boat” politicians all with their own agen- attorney general. It is under Mont- special interest. Ohioans are ready lies campaign, and Kerry’s effete and ineffectual response, da. The effect that money, namely gomery’s tenure as state auditor that for a change, and Betty Montgomery played a role in his defeat. Don’t even think of trying to campaign contributions, has on a the scandal now known as “Coingate” is more of the same. characterize the “Swifties” as anything but an attack cam- paign. A high schooler with an open mind and a computer could destroy their claims within an hour. But the main point is that some people voted against Kerry because of Vote for Gray: consider third parties those ads. They worked. It seems to me that we should stop resisting and start By Kurt Fawver beautifully. They don’t have to think, they don’t have to embracing attack ads. Come on, you love them. You know GAVEL COLUMNIST put effort into choosing; they simply have to pick one or you do. Blue and red are the new black and white. Democrat the other and the Democrats win another Senate seat or the In fact, if I had my way, we would eliminate all rules or Republican: these are the sum of your choices in this Republicans win another gubernatorial race. requiring honesty or forbidding obscenity in political ads. year’s and practically every year’s election. With that, the same old ideas, the same old agendas Let the candidates say what they really think – or at least You’re one or the other - blue or red, black or white are back in power again. Nothing is accomplished but the what they really think you want to hear. Then just get a cold - and there is no room in the world or in the election maintenance of old guard incompetence. drink and a bag of Cheetos and let the fun begin. system for gray. Ignorance is rewarded with stability and the dance of I mean, just think of the ads that candidates could run. In national and state elections, Democrats and Repub- American politics goes on. We could see one suggesting that Mike DeWine is an an- licans rule. Third parties seem to have no place. They are For the rest of the United States – far left and right droid programmed by Karl Rove: “don’t be fooled by his actively shunned as pointless and powerless alternatives wingers, true progressives, and, most importantly, those life-like appearance!” Maybe Jerry Falwell could tell us to the two political behemoths. simply fed up with the current state of American politics how christians hate Hillary Clinton more than Satan…nah, Yet third parties express a far wider range of ideas and – third parties beckon. not even Jerry would say something that stupid. beliefs than the Democratic Party or the Republican Party. Third parties offer a multitude of viewpoints and Maybe the Democrats would actually find somebody They are as varied as the citizenry itself. In this sense, dogmatic frameworks. They exemplify the diversity of who could run a good attack ad instead of the oh-so-sensi- third parties are the true voice of the people. the United States. Unlike the Democratic Party and the tive stuff they run on TV these days. No wonder people This voice, however, is all but GOP, these parties do not follow the conventions of safe think they’re wimps. Personally I’d love to see one that drowned in the unintelligible siren of a politicking, nor do they choose their candidates based tells all about spreading the frothy mix that’s come to be Respectfully bipartisan government. solely on image. known as Santorum. Many Americans can only under- dissenting Third parties are fueled by ideas and a desire for the Now I don’t mean to belittle those who think that attack stand through dichotomy. Good or evil, evolution of American government. Some may be radical, ads are bad for the polity. Really I don’t. If you truly believe Democrat or Republican, Coke or Pepsi: some may even be entirely nonsensical, but they are all that attack ads should not be a part of politics, I would offer these are the choices that most Americans can wrap their founded on spirited principles. Virtually all candidates this humble suggestion. Don’t reward them. heads around. They represent supposedly clear-cut values. who run under third party banners strongly believe in one It would work like this: you could make a pledge to vote They don’t involve serious deliberation. thing: the improvement of society. This improvement may against the candidate who runs the first attack ad you see. Moral ambiguity, Libertarians, and RC Cola, however: take different shapes and sizes, depending on the third Republican or Democrat – doesn’t matter. The first one to these things step outside an easy definition. They muddy party, but the common thread remains. “go negative” loses your vote. If it’s the other guy who runs the water and make choice a bit more difficult. America needs leaders with stimulating platforms the ad, then it’s easy. You weren’t going to vote for him Americans don’t like difficult choices and the major and an ambition for progress. Most elected Democrats anyway. But if it’s your candidate that runs that first attack political parties play to that characteristic. and Republicans lack either of these qualities. They are ad, then the promise is a little harder to keep. Democrats and Republicans tell citizens that the coin far too preoccupied with appealing to the widest possible Of course, part of the problem is that nobody wants to is two-sided, even if what they are describing doesn’t audience by towing ridiculously moderate lines. admit that their candidate has gone negative. When your remotely resemble a coin. For decades, the two major parties have governed the own candidate runs an ad that kicks his opponent in the However, the real issues confronting society occur in nation into a cesspool of voter apathy. Today, great actions nether regions, it’s not an attack ad. It’s “hard-hitting.” gray areas with undefined moral borders. They are far and ideas are not expected from our leaders. Mediocrity Only when the other side says something bad against our from two-sided. is accepted. party or candidate do we call it negative. So this promise Terrorism, unemployment and poverty, and the war in The keys to resuscitating this stale political system would take some integrity. But, if you really hate the attack Iraq are all beyond easy classification or solution. They do withering from indifference lie firmly in the hands of ads, you’ll keep the pledge. not fit neatly into “right” or “wrong.” There is no absolute third parties. Given the commitment that this would take, I just don’t “good” or “bad” way to deal with these problems. Issues This November, vote for the candidates you believe see it happening. I think to paraphrase Dr. Strangelove, we as multifaceted as these cannot be solved through simple will guide society in the right direction. Vote for candidates just have to stop worrying and learn to love campaign sleaze. bright line tests, yet the American electorate is expected with beliefs and plans you can get behind. And I’m ready to do my part. to believe that they can. But also remember that your choices are far wider than In fact, I’ve got to rush home right now. Ken Blackwell As a voter, you must choose solution A or solution B Democrat or Republican, liberal or conservative. Through is unveiling his new attack ad. I hear he’s going to talk about and forget that C through Z even exist. third parties, your voice, no matter how divergent or unique Ted Strickland’s erotic fixation with turtles. I hope I have For the majority of Americans, this system works it maybe can be heard. Cheetos at the apartment. THE GAVEL THE GAVEL n OPINION Page 10 OpinionOpinion November 2006 SBA creates task forces Reflections on Russian freedoms By Chuck Northcutt Russia, so these aren’t the Free- corner of a major city, such as St. don’t charge sales taxes!! for student GAVEL CONTRIBUTOR doms I’m talking about. Petersburg and Moscow, without In the subject of smoking and (C-M second year student As an American, however, I having to travel all of the way to taxes, I was also sadly denied my concerns Chuck Northcutt reflects on his was greatly offended to see other Las Vegas or Atlantic City. freedom to pay $4 for a pack of experience in Russia this summer important freedoms and rights As someone who loves to Marlboro Reds. as a participant in the C-M co- denied. Seemingly, the Rus- gamble, what ever will I do with- Instead, I was forced to pay By Scott Kuboff sponsored St. Petersburg Summer sian government has too much out my American right of the state a mere $1 for the same pack in SBA PRESIDENT Law Institute.) influence on the private lives of governments (especially my home Russia and only $2 for a pack of On behalf of my fellow SBA For the past year or two, I have individuals. state Ohio) denying me legalized Cuban tobacco cigarettes (I guess officers – Meredith Danch, Chan heard a lot of criticism on Russia C a s e i n gambling?!?! I was also denied my right to pay Carlson, Nick Hanna, and Jaime and more so on it’s President, point, as an B y t h e outrageous taxes if I chose to Umerley – I am pleased to inform I was also denied Vladimir Putin, for curtailing free- American in way, I left Rus- smoke.) Talk about major rights you that your SBA remains com- doms in the Russian Federation. Russia, I have my right to pay sia up almost violations!!! mitted to placing C-M students in Through the St. Petersburg lost my right to 2500 Russian I just couldn’t wait to get out the best position to excel in the a sales tax on Summer Law Institute, compar- not be allowed Rubles; clearly of there and get back to the land classroom. ing my “American Freedoms” to t o w a l k t h e anything I bought I was a victim of of the free and intrusive big gov- Nick Hanna, SBA treasurer, the Russian’s lack of “American streets with an this lost of my ernment where I have rights and drafted Resolution 10222006-A, in Russia. Freedoms,” all I have to say is that open container right, somebody freedoms to not be allowed any which urges the faculty and admin- all of the critics are right!! of alcohol and consume it! Imag- quickly call the UN; please!! of these vices!! istration to amend our exam policy Now, I’m not talking about the ine the horror! Let’s see, what else was I de- I just didn’t know how much to allow students to reschedule an crackdown of the freedom of the I felt compelled to walk the nied, oh yeah, perhaps one of the longer I could manage without my exam if they have more than one press; here the critics were actu- Russian streets drinking beer, most important American rights right to have Big Government tell exam within a 24-hour period. ally wrong. because, of all things, it’s NOT ... I clearly lost my right to not be me what to do!! The SBA unanimously passed this I’ve read papers in both St. AGAINST THE LAW!! allowed to purchase and smoke Yeah, right! For any American resolution on October 22, 2006. Petersburg and Moscow (they By the way, my new favorite Cuban Cigars! Terrible! Terrible! who wants to sample these lack Another issue your SBA plans come in both Russian and English beer is Baltika Beer; sorry Bud- Terrible! of freedoms and see if you enjoy to address is the quality of food editions) that freely criticize their weiser! Speaking of drinking, I You can actually buy Cuban them as much as I have, I can only service here at the law school. government. also lost my American right to Cigars and Cigarettes at the local tell you to go there quick (before Many of you have commented The news in Russia also openly get kicked out of the bars at 2:30 supermarkets; and, coincidentally, the Russian government starts on the quality of service and food ridiculed President Putin for kiss- in the morning, because “it’s the I enjoyed smoking mine most imposing these same rights that selection provided by AVI. ing the tummy of a boy in a line state law.” when I was playing Blackjack we have in America on the Rus- To address your concerns, of tourists outside the Kremlin. In Russian bars seem to stay open in the Casino up the street from sian people!!) we have re-established the “food class, Russians are also allowed to all night long! where I stayed! Either way, before we start service task force,” chaired by openly debate their government’s Additionally, as an American I was also denied my right criticizing other countries for Rae Lynn Wargo, to work with policies as well. in Russia, I also lost my right to to pay a sales tax on anything I their lack of freedoms, maybe we the University and AVI to remedy The freedoms of speech and not legally be allowed to gamble bought in Russia. That’s right, for should take a good look at our own these problems. press are perfectly in full effect in in a legal casino on every street some strange reason the Russians situation first. Already, this task force has been in contact with University of- ficials to address your concerns. As many of you are aware, the law school will be undertaking major renovations next semester. While we anxiously await the improvements, your SBA realizes that there will be minor inconve- niences to students and student 1L ponders issues confronting students organizations. To this end, we are creating the The following is the second part in a six- full bore from the front of the room. Then, I down to the University Center to mingle with “building renovation task force,” part series following a first year C-M student realize I’m just in class bored out of my skull our undergrad counterparts which will act as a liaison between from orientation to spring exams. surfing the web (please, like that’s not you too Of course, if you have the stomach, the the students and administration. Sweet mother of sin, you’re back for an- at some point.) cafeteria definitely provides the opportunity Through this task force, your other round of the anonymous 1L. So, either On an off note, I highly recommend to endorse any of your lingering 90210 fan- SBA will ensure a smooth transi- you are incredibly in love with my column, or against even considering fooling around, let tasies by sitting around and listening and tion for displaced student organi- your professor is starting to sound more like alone doing so, with your fellow classmates. perhaps participating in the conversations zations and will address general Jabba the Hut by the day. Not only could they potentially taste bad, that transpire. student concerns throughout the Honestly, I find my eyes pulling a Dunkin’ which could really ruin the mood, but - BO- It is positively frightening at times how construction process. Donuts routine and glazing over fairly regu- NUS!! - you get to see them the next day much it’s like high school. I would hope at Your SBA has been working larly. Despite my best efforts, (and a lot more after that in case you were that point that any sane person would walk with Case’s SBA to coordinate the which constitute draining wondering). away. second annual C-M versus Case energy drinks, my eyes still 1L Let me tell you, that is not something you Oh well, we all tossed our sanity out with charity-football tournament. seem to close on their own. First year ever wish to incur upon yourself. the trash when we started law school, so I While plans are still being life Now, it’s time for a mind- Part II As the 2L’s recommended the School of recommend going out for yet another round finalized, this year the tourna- numbing venture into the Business’ coffee, so they should have recom- of Cuervo at your local bar of choice. ment will take place on the Case informative zone and a talk mended branching out into the undergrad I happen to have several myself, and Western Reserve University’s about commercial outlines in campus for a little fishing if you know what yes, they are starting to get to know me on campus. all their glory. I mean (big smile). a first name basis. Not that I go out much Last year, over $1000 was My advice should not be used as a measur- On to bigger and better things like where or anything (crazy like that). I’m too busy donated to the Susan G. Komen ing stick or be relied upon if you fail miser- to eat lunch. The options are enough to keep studying like you! Foundation. We would like to ably at the end of the semester. If you don’t, one occupied. At the moment, I would rec- If you are trying to be responsible and thank Jeff Stupp for his hard and you actually succeed at something besides ommend Becky’s if you wish to escape your looking for other ways to divert your atten- work in making this fun event reading my column, then it was all me, and I fellow colleagues (I know - why on earth tion, a little thing called the NFL is in full possible. will break out a T.O. end zone dance. would you want to do a silly thing like that. swing and will allow you to spend away many Finally, we’d like to thank I personally recommend either Gilbert’s I mean, it’s not like we see each other 24/7 a precious productive hour. BarBri for their participation in or Emmanuel’s. Either one is good and will or anything). So, sit back, have a beer, and take in your this year’s SBA-BarBri Hallow- probably help clear some of this perpetual Subway is good if you want to eat some- favorite football team. In the next column, I een costume party and for their fog the professors seem to blanket us with. thing that resembles fresh (beat’s the hell out will continue to tackle more of life’s profound continued support of the SBA and At times it’s like I’m up in the club (minus of our “cafeteria” dining option). mysteries with truly deep answers pulled right C-M students. the hotties), and there is a fog machine going Or, perhaps you would prefer a little jaunt from the bottom of my cherub-like mind. THE GAVEL n OPINION NOVEMBER 2006 n 11 LETTERS TO THE EDITOR

Judicial Candiate responds to Gavel article on opponent LETTER TO THE EDITOR: curiosity” as certain publications would An appellate court’s duty is to interpret reflect “Brian Moriarty.” My name is Brian Moriarty. I read with have you believe. Unlike my opponent, case law and statutory law as it is written We subsequently used the name “Brian great interest the recent article written by the cornerstone of my practice has been and apply it in a consistent manner. The Moriarty” in all of my campaign literature. Kevin Shannon in The Gavel regarding the appellate work. court is simply too important to our legal The Board issued a notarized Certificate race for the Eighth Appellate District in the Including five years as law clerk for system and community to figure this out of Candidacy using the name “Brian Mo- September 2006 issue. appellate judges, David Matia and Michael while on the job. riarty.” Although I have not been asked for an Corrigan, I have been involved with over My opponent also stated that “[v]oters In July, the Board informed me that since interview or to provide any information for 1000 civil and criminal appeals throughout should be concerned with how Moriarty they had mistakenly used “Robert” in the the article, I think this publication owes the State of Ohio. will handle complex legal arguments if he primary, they would have to use it in the its readers a more complete and accurate Additionally, I have represented the has difficulty following clear directions for general election. picture. Cleveland Police Patrolmen’s Association filling out a ballot application.” Moreover, they told me I may have to As a fellow Cleveland- Marshall alum- and its members for 12 years and have Initially, I would note that unlike my change all of my campaign literature. It nus, I would like to give a different perspec- litigated numerous criminal, civil and ad- opponent, I have been involved in complex was at that point we went to the Court and tive on some of the issues raised. ministrative matters. I am Acting Judge and labor/business litigation including, but not that is why the Court ordered the Board to The appellate court is an extremely im- Magistrate for the Rocky River Municipal limited to, employment discrimination, use the name “Brian Moriarty” as it had portant position within our legal system and Court, and I am the Prosecuting Attorney breach of contract, anti-trust, and patent previously agreed. community. To fellow Cleveland-Marshall for the City of North Ridgeville. infringement cases. Unfortunately, the newspaper articles alumni and for students working towards It is this type of legal diversity that is a Concerning the Board of Election’s is- covering this story did not report these facts. their law degree, I urge you to learn as much “positive” quality for an appellate judge. sue, to set the record straight the primary Without knowing, asking for, or reviewing as you can about the candidates involved: The article quotes my opponent as say- reason for the Writ of Mandamus I filed the facts as set forth in the public documents, view both of our Web sites, match and com- ing “[v]oters should choose her over her was the Board’s refusal to abide by their it is no wonder Ms. Stewart was “surprised” pare our backgrounds and experience. opponent because she has been an attorney prior written and oral authorization to use by the judges ruling. Take the names out of the picture and the longer than her opponent.” the name “Brian Moriarty.” Being careless with the facts and reck- politics involved and the choice is clear. Simply having a law degree and prac- The petition calls for one’s legal name less with an opinion are dangerous qualities That Ms. Stewart stated in the article a ticing law are two separate things. The and, not having run a number of times in for a position that demands so much more. “[l]ack of trial court experience can be seen true fact is that Melody Stewart has had the past, I wrote my legal name “Robert Again, the appellate court plays a vital as positive” is of great concern to me, and it a license for 18 years but has not actively Brian Moriarty.” role in our legal system and community. should be to you. As a practicing attorney practiced law for the past 12 years yet she Within one week of filing the petition Experience in the legal system is absolutely for 12 years I know that experience does conveniently and continuously fails to state I asked if it was possible to simply use the vital towards understanding the role of the matter when it comes to the procedural and as much. name “Brian Moriarty” since that is the court and the role as an appellate judge. substantive issues raised before an appel- If being an assistant dean for admissions name I am known by. I appreciate the opportunity to address late court. and financial aid is such a positive factor Since the proposed change was made in some of what I considered to be unfair How could having absolutely no civil for the role of appellate judge, why not an effort to avoid voter confusion and not remarks by my opponent. or criminal trial experience be viewed as a talk about it? made for purposes of political advantage, More importantly, I urge everyone to get positive quality when the primary purpose In fact, her hope to bring a “different the Board agreed as it has in the past, i.e., informed and get involved. of the Court of Appeals is to review trial perspective” to issues only highlights the James/Jim Petro. court decisions? fact that as a direct result of her lack of ex- As instructed, we went to the Board and The “diversity” that is required for an perience, she does not understand the role of were provided written and verbal authoriza- Sincerely, appellate judge is not simple “intellectual the appellate court or an appellate judge. tion. The Board’s Web site was changed to Brian Moriarty

Journal Editorial Board rejects faculty assessment

To The Editor: ter, those students would then need its members regarding the faculty career. contributors. Before completing his dean- to take a Law Review/Journal note committee’s proposals. Thus, it would be callous for Hence, the Journal of Law ship, Dean Steinglass appointed course as a substitute for L860. The response was overwhelm- the university to force them to and Health is opposed to the cur- an ad hoc faculty committee to In completing this new course, ingly negative, due in large part to work with an individual they may rent faculty committee’s L860 look into certain concerns sur- students would be assigned by the the belief that the data comparing be uncomfortable associating with. proposal. rounding L860, Independent Legal faculty to either a tenured, tenure- C-M’s practices with other Ohio The paper’s quality may suffer as To see a full copy of the find- Research. track, or legal writing professor, law schools remains inconsistent. a result, and the assigned faculty ings that the Journal submitted to In particular, the Committee’s whose responsibilities would As such, more information is advisor may lack the requisite the faculty committee, visit the charge was to address two ques- include critiquing a draft of the necessary at this time to determine knowledge to assist the student Journal’s webpage at http://www. tions: (1) whether the current student’s note and evaluating the whether or not other law schools with their paper. law.csuohio.edu/students/JLH/in- criteria associated with the student note’s final composition. mandate a third semester writing Although these changes will dex.html. Journal note is sufficient to meet Under this proposal, no faculty course, which note-related credits not affect the current members Sincerely, the L860 paper requirements; and member would be appointed to are graded at other universities, of C-M’s publications, it will The Journal of Law and (2) how to best curb the current supervise more than two students, and the note length requirements have a drastic impact on its future Health’s Editorial Board trend in which students on C-M and students would receive a total in place at Ohio’s various other publications disproportionately of six credit hours for Law Re- legal institutions. request their first-year professors view/Journal related work – two In addition, the Journal does to supervise their L860 papers. for Scholarly Writing, two for not agree with the faculty commit- In making its assessment, the their Law Review/Journal Note, tee’s recommendations. For one, committee attempted to analyze and two for their editor obliga- the Journal does not believe that THETHE GAVELGAVEL similar practices at other Ohio tions during their final year in law Scholarly Writing should become Law Schools. school. a required course. We are always accepting submissions. The committee’s published Students currently have the More importantly, however, If you are interested in contributing to the Gavel, proposal, which was released option of receiving seven credit the Journal is extremely troubled e-mail the editors at earlier this semester, recommends hours for Law Review/Journal by the possibility that students [email protected]. that all members of a student pub- related work – two for Scholarly may no longer retain any control lication wishing to receive Upper Writing, three for L860, and two over the selection of their faculty Level Writing Requirement be for their editor obligations during advisor. required to complete Scholarly their final year in law school. A student’s Journal note often Come Join Us! Writing in the Fall Semester of In response to this, the Journal represents the most important their second year. of Law and Health formed its own piece of work that a student com- In the following Spring Semes- committee to solicit feedback from pletes during their law school 12 n NOVEMBER 2006 THE GAVEL n SIDEBAR