Iraq: Time for a new strategy? Do longer sentences deter? Cleveland offers art and culture

Some politicians are Prison populations in the Despite being viewed calling for U.S. troop United States continue as a city in decline, withdrawal in Iraq. The to increase. The Gavel Cleveland’s cultural Gavel columnists debate looks at whether longer institutions are among the effectiveness of mandatory minimum the world’s fi nest. The current strategies and sentences are an effective Gavel looks at some propose solutions for the deterrent for potential of what the city has to war. offenders. offer.

BROADSIDE, PAGE 5 OPINION, PAGE 7 LAW, PAGE 3 THETHE GGAVELAVEL VOLUME 55, ISSUE 3 DECEMBER 2006 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW

C-M students Bar passage rate snub awards ceremony refl ects student

By Kevin Shannon and faculty efforts STAFF WRITER By Joanna Evans bar exam. During the two months On Thursday, Oct. 26, 2006, STAFF WRITER leading to the July 2006 bar, C-M C-M held its annual awards cer- The 2006 Cleveland-Marshall professors gave one-hour presen- emony for students. There were College of Law graduates passed tations where they broke down bar many awards and monetary gifts the July Ohio bar exam by 84 questions and gave students the given to students who excelled

Photo by Catherine Reichel percent, and C-M’s over-all pas- opportunity to ask questions about academically in various areas over sage rate rose from 60 percent approaching bar material. These the past year. in 2005 to 75 percent. C-M’s presentations coincided with sub- Many students received mon- passage rate places the school in jects and material covered in bar etary gifts for achieving the high- fi fth place, along with Ohio State review courses offered by Barbri est grade in a particular subject University, which also had an 84 and Supreme Bar Review. or for being the best student in a percent passage rate, amongst In addition to the presenta- particular area of law. Ohio law schools. The rate in- tions, times and locations were The ceremony was well run, crease is largely a result of hours made available for students to with many faculty and alumni of studying by bar takers. practice taking the Multistate Pro- presenters. However, there was a “I talked to people in the li- fessional Test, MPT, because bar glaring problem with the awards Students Scott Kuboff, Dipali Parikh, Kelly brary, and they said that this past takers and those responsible for ceremony. Many, in fact a major- Means and Karen Swanson Haan argued to the bar period, they saw more people putting together bar prep courses ity, of students who received these panel at Moot Court Night on Nov. 8, 2006. studying for the bar in the library tend to ignore it, Williams said. awards did not attend. than any other time in recent “The MPT is so different that it Dean Lifter, the event’s orga- The three-judge panel from the U.S. District Court history,” said Assistant Dean for seems to catch a lot of students off nizer stated that she was somewhat named Parikh best oralist at for the Northern District of Student Affairs Gary Williams. guard. Students are used to taking disappointed with the turnout and the event. The panel included Ohio and Lindsay C. Jenkins, The efforts of C-M staff and a test where there is a narrative thought that this year’s event had Judge Donald C. Nugent and an associate with Jones Day in faculty are another reason why problem telling what the facts are. Judge Kathleen M. O’Malley Cleveland. graduates performed well on the See CEREMONY page 3 See BAR PASSAGE page 2 Center works to improve elections By Brenda Hruska primary took place. the Board of security, and it is troublesome The most STAFF WRITER Elections had a signifi cant short- that the private sector is more Cleveland did not fare well age of poll workers. Hoke offered fully engaged in understanding in the national spotlight for its the help of CSU students. the technology behind tabulation popular work administration of elections in “CSU filled every training equipment than the Board of Elec- November 2004 and May 2006. place and 100 percent showed tions, Hoke added. abroad spots The Center for Election Integrity, up,” Hoke said. Students have This lack of expertise in the part of both C-M and Cleveland continued to step in. This fall, 280 technical side of elections also State University’s urban affairs students signed up and worked in hurts the election-day staff. “Staff The following is a list of the most popular college, hoped to turn that around Cuyahoga County. are being asked to implement work abroad locations for lawyers who speak this year. “This community stepped up e-voting systems without be- English. Candice Hoke, a C-M law pro- beautifully,” said Hoke. “It was a ing given effective training and fessor and the Center’s Director, real exciting refl ection of the pub- support … and then they’re the along with the Cuyahoga County lic commitment of this university. ones accused of incompetence, 1. The Netherlands Election Review Panel, issued a CSU is seen as one of the best mismanagement or even fraud,” 2. Germany 200-page report on how the Board allies in fi lling support jobs.” said Hoke. “It’s not a rational way 3. Great Britain of Elections can improve. Student poll workers, how- to get a high quality system, and 4. Austria “It’s an indefensible chaotic ever, are just a part of the effort as an educator, I’m particularly system,” Hoke said. One of the to improve the administration of offended.” 5. Hong Kong Panel’s main suggestions was to elections in Cuyahoga County. Students enrolled in Hoke’s 6. Australia improve poll worker recruitment “For several years, the attitude election law course also took part 7. Spain training. This is where C-M and tended to be ‘this will blow over,’ by participating in the elections. 8. Ireland CSU students stepped in during and it did until the next election,” From their experience, the stu- 9. Luxembourg the November 2006 election. said Hoke. “We are slowly getting dents made recommendations for “The Center has been going away from complacency.” reform, and Hoke is integrating non-stop since last April,” Hoke Major improvements are still them into the Board of Elections Source: The National Jurist, Vol. 16, No. 3 said. A week before the May needed in technical training and report on the November election. THE GAVEL

Page 2 Law December 2006 Dean pleased with BLSALaw promotes film on crisis in Darfur bar passage results, By Tiffany Elmore 90’s. The BBC article stated that the troops fell victim to attacks resulting STAFF WRITER government is suspected of aiding in injury and death during stabilization praises students The National Black Law Students the Janjaweed in its exploits. The operations. Association held International Day of Sudanese government has denied any At this time, an estimated two By Geoffrey Mearns - link to the group and has “promised to million people have been displaced On October 27, 2006, we received some very good news: Service on Nov. 9, to urge local chap ters to educate members and the law disarm” the group. and living in refugee camps in both our graduates who took the Ohio bar examination for the community about the ongoing conflict In May, efforts to elicit peace under Darfur and its neighbor, Chad. The first time in July 2006 passed at a rate of 84 percent. That in Darfur, Sudan. The BLSA chapter at the Darfur Peace Agreement were frus- Janjaweed is linked to the deaths of percentage is our highest passage rate since the passing trated by rebel leaders who told Hu- 200,000 people and the destruction of score was raised approximately ten years ago. C-M collaborated with BLSA at Case man Rights Watch “they rejected the hundreds of villages, reported Human Indeed, the highest passage rate we attained during that Western University to promote the DPA because it failed to sufficiently Rights Watch. Civilians continue to be period was 75 percent, which we achieved twice. This viewing of the documentary, “Darfur address key issues including a victim’s attacked and the conflict has spilled year, our graduates exceeded that previous Diaries: Message from Home”, held compensation fund, power-sharing, into Chad, threatening those who have benchmark by nine percentage points! at Case. The documentary exposes rebel representation in government sought refuge. In relative terms, these results were the internal conflict that has ravaged and disarmament of the Janjaweed According to Human Rights equally impressive. Our passage rate tied Darfur for the last three years. Non-government organizations militias.” Further, division among Watch, the United Nations Security us for fifth – with Ohio State – among the like Human Rights Watch have fo- opposing groups resulted in the forma- Council recommended sanctions for nine Ohio law schools. For the July exam, cused attention on the conflict since tion of the National Redemption Front a number of Sudanese officials for we have only finished fifth on two previous its early stages. According to Human group and continued complication in committing human rights violations. occasions during the last ten years – and we Rights Watch, the Sudanese militia peacekeeping attempts. Additionally, the International Crimi- The have never finished higher than fifth. called “Janjaweed” has fought with As of Nov. 16, Darfur has agreed nal Court has opened an investigation Dean’s Our passage rate was even higher - to deploy about 7,000 African Union into the Darfur situation, however, at than some of the so-called “national” law rebel groups called the Sudanese Lib Column eration Army/Movement, SLA/SLM, troops rather than concede to the this time no officials have been sanc- schools, such as the University of Michi- United Nations peacekeeping mis- tioned or tried in connection with the gan. And we were only two percentage and the Justice and Equality Move- sion that would have included 17,000 Darfur conflict. points behind CWRU. ment, JEM, since 2003. troops and 3,000 police officers to Human Rights Watch reports that a Simply put, these results are excellent. I am particularly According to a Nov. 16, 2006, monitor the area according to BBC UN peacekeeping presence is essential pleased for all of those graduates who worked so hard to BBC News online article, the rebels, News. The African Union troops are to suppress the conflict. pass the bar exam. They deserve most of the credit for our who represent black African tribes, in place to stabilize the country and They, along with organizations like collective success. said that the Sudanese government prevent civilian attacks. However, it NBLSA, urge local communities to But many other people are to be commended. is oppressing black Africans in favor has been difficult to maintain civility get involved by informing others and Assistant Dean Gary Williams made a substantial of Arabs. with a limited number of troops to compelling political leaders to take contribution. Although we are still analyzing the data, it Many fear this conflict to be cover an area similar to the size of aggressive action to enforce peace- appears that those students who enrolled in his bar prepara- tantamount to ethnic cleansing and France said BBC News. Recently, AU keeping efforts. tion course performed better than those students who did genocide in Rwanda during the mid- not take that class. The class was particularly beneficial for those graduates who were at risk because their cumulative law school GPA was less than 3.0. C-M and Case law students The faculty also deserves a lot of credit. Over the last participated in the second annual three years, many of your professors have modified their charity flag football event on Sat- teaching and testing techniques in ways that enhance the urday, Nov. 11, 2006. This year, learning experience. Among many other things, the faculty the event was held on Case’s have given more quizzes and mid-terms exams, they have campus where students endured used multiple choice and short answer questions, and they rain, mud and all-around miser- have provided more feedback on a regular basis. Although able conditions to raise money there is no way to know for sure whether these techniques for charity. had a positive impact on the bar results, I firmly believe that The event raised $600 for Big the faculty’s commitment to the success of our graduates on Brothers Big Sisters of Greater the bar exam contributed to these improved results. Cleveland. In all, 73 law students Indeed, I believe that our improvement is the product including 45 students from Case of a team effort – our students, our faculty, the law school and 28 from C-M participated administration and staff, the library staff, our alumni, and on five teams. Case won the the University administration. If we sustain our collective championship match between commitment to this issue, I am confident that we will con- Case and C-M with a final score tinue to see excellent results. of 34 to 24. Indeed, there are reasons to believe that we will see Photo by Christopher Chan steady improvement in the future. For example, the first students who were admitted under our more stringent admissions standards will not take the bar exam until next Bar passage: students improve from ‘05 summer. Also, we continue to develop and implement new strategies, such as the individualized bar counseling Continued from page 1-- According to Williams, last year, students with GPA’s sessions we had this year for all 2Ls. So, there are reasons between 3.0 and 2.75 passed at a rate of 66 percent, people to be optimistic about the future. The MPT is not like that. The MPT is what a real lawyer with GPA’s between 2.5 and 2.75 passed at a rate of about But we must temper this optimism with a note of caution. looks at. There are different pieces of evidence to look at, 40 to 50 percent, and people with less than 2.5 passed at a While we have been focusing more time and resources on and you are asked to do things that people are not familiar rate of 20 to 30 percent. This year, 75 percent of students this issue, most of the other law schools in Ohio have also in doing,” Williams said. who took the bar strategies course with a GPA less than done so. Over the last few years, we have been running Practice MPT’s were read by staff and faculty members 3.0 passed the bar. Students who did not take the course faster and faster, but the other competitors in the race are who also provided students with feedback and a points sheet and who had GPAs less than 3.0 passed the bar at a 55 picking up the pace, as well. that allowed students to judge for themselves where they percent rate. Moreover, our bar passage problem was several years in went wrong and what they were missing in their answers. “Everybody comes to law school for one reason or an- the making. Last year, when the results were poor, I urged Last year, C-M also began to offer the Ohio bar exam other but in the end, there is always the bar,” said Williams. the students and the faculty not to panic and not to become strategies and tactics course. About two-thirds of last “What made the difference here was the amount of effort pessimistic. I also urged everyone to be patient. year’s graduating class took the course. Those who took that the students put into study, and that’s something that Now that the results are much more positive, I urge you the course passed at a higher rate than those who did not we cannot control. We can have these bar classes, we can not to become complacent. Indeed, we all must recognize take the course. have these review sessions but if the students don’t put in that to solve the problem completely requires several years Jared Hartman, a 2006 C-M alumnus, found the Ohio the time to study, they’re not going to pass.” of consistently strong results. To attain those results, we bar exam strategies and tactics course beneficial. With some tips for studying for the bar, Peter Kirner, a must continue to work hard. “I definitely feel that it helped. It let me know the 2006 C-M alumnus and attorney at the Law Firm of Kirner As students, you owe it to yourselves – failing the bar format of the exam and what each type of question might and Boldt, advises students not to wait until July to start exam will delay the realization of your professional dreams. look like,” said Hartman. “It helped me learn principles, studying. As faculty and staff, we owe it to you to help you achieve like immediate recall as opposed to minor details that you “Don’t work for the two months that you’re studying for those dreams. Collectively, we owe it to all of the men and don’t necessarily need for the essays.” the bar; stay on top of the suggested work load from what- women who support this law school and who care about The real increase was in those graduates who had less ever bar prep course you take; practice, practice, practice; its future. than a 3.0 grade point average, Williams said. and, don’t forget to take time out to relax.” THE GAVEL n LAW DECEMBER 2006 n 3 Israel: the man, the myth, the legend

By Paul Deegan his career at this point. Israel takes care noisseur. He has a passion for science fi c- STAFF WRITER of all the phone calls, faxes, e-mails, etc. tion and loves classics such as “Casablanca” Many of you may not know Israel per- in the Student Services Offi ce. He also and “2001: A Space Odyssey.” sonally, but odds are you have met him at proctors examinations and helps students Israel spends most of his free time writ- one point or another in the Student Services with any problems they may have. Israel’s ing stories. He hopes to be published in the Offi ce. main goal is to ensure that the law school near future. He is the polite gentleman behind the runs smoothly. Israel is writing two stories, one about counter who takes care of all of our prob- Israel was not always as mild-mannered a black cowboy, and the second takes the lems. You might also remember his name as he is now. Throughout his college years, reader on the journey of Lazarus after he attached to some emails notifying us about Israel was a college student during the was raised from the dead, according to the the ‘Lost and Found’ that contained music morning, worked as a night editor at the Bible. and movie trivia. Cleveland Press, and wrote his column for Israel was brought up Catholic and was Many wonder where Mr. Payton comes that paper in the afternoon. molded for the priesthood. After going to up with his material and want to know more He lived off of black olives and pita Vietnam, he lost his faith and followed the about the ‘man behind the counter.’ Mr. bread while, with the help of caffeine, Buddhist tradition. He attempted to become Payton was kind enough to participate in slept little. If that wasn’t enough, he also a vegetarian to support his beliefs, but an interview for The Gavel so that we may After completing his BA, Israel worked did the sound work for the Tri-C Theatre. couldn’t fi ght the desire for ribs. learn more about him. at Tri-C as a professor of english composi- Israel even played the lead in a play when Israel attempts to follow the philoso- Israel Payton was born in 1946 and tion for seven years. He also became a para- the actual lead got sick. He was able to be phies of Buddhism and Taoism, though he attended East High. Upon graduation, he medic in the mid 80’s for seven years and a successful substitute and give a stellar identifi es himself as an atheist. was sent a letter of induction into the Army. was an orderly for University Hospital. performance. Israel is not married and doesn’t have He decided instead to enlist in the Army Israel has always been in search of the Israel loves his job. He enjoys helping much hope for marriage in the future. He Security Agency as a Military Intelligence right place for him to belong so that he may students with their problems and can sym- thinks that it would be tough to fi nd a female Offi cer for four years. He saw action in make his contribution to the world. He pathize with us when we have issues and that would put up with his many quirks. He Cambodia and Vietnam. thinks he has found it at C-M. breakdowns. He knows stress. did live with a woman for twelve years but Upon his return, Israel went to college Although he would not pass up the op- His college schedule did not allow him that didn’t work out. and earned an Associate’s Degree in Phi- portunity to fi nish his Master’s Degree on to sleep and Vietnam took its toll. So, if Above all, Israel is modest, humble losophy from Cuyahoga Community Col- earn a Ph.D. in the future, he will only do you have any problems, odds are Israel has and caring. He has a genuine interest in lege. He went to San Francisco for about so if it fi ts well into his life. been there. It’s hard to imagine, but Israel C-M’s students and is proud of our ac- a year and returned to fi nish his Bachelor’s Mr. Payton has worked at C-M for the is 60 years old. complishments, especially our recent bar Degree in Philosophy from CSU. past seven years and has no plans to change Mr. Payton is a music and movie con- exam results. Cleveland arts can offer law Few attend ceremony Continued from page 1-- students relief from stress fewer attendees than in previous years. However, she gave a few reasons for the low attendance. By Ben Wiborg Hall located on Case Western Playhouse Square, located This year, the award ceremony was moved up from 5:00 to 4:30 p.m. STAFF WRITER Reserve University’s campus on on Euclid Avenue between East in order to allow evening students to attend without missing classes. When people think of Cleve- University Circle. The Orchestra 14th and East 17th streets, is just a Lifter suggested that some students simply might not have been able land, they think of an impover- performs throughout the world short walk from C-M. Playhouse to get out of work on time. ished rust belt city. They think of including Vienna, Seattle and Square consists of many renovated She also stated that some people who received notices of awards ice and snow and the seemingly Miami. theaters, including The Ohio, The simply thought that the award was for making the dean’s list and were omnipresent steel gray haze hang- Tickets can be bought online Palace, The Allen, The State, The not aware of the special awards that they had received. Finally, Lifter ing over the lonely skyscrapers. and range in price from $30 to Hannah, and Kennedy’s Cabaret. noted that some students are just very modest and do not want public They think of the polluted lake and $100. Playhouse Square offers a wide recognition for their accomplishments. the burning river. Cleveland Museum of Art variety of entertainment. Shows However, two anonymous students gave different reasons. One To many, Cleveland is just a The Cleveland Museum of Art include Broadway plays, comedy student stated that he or she simply had better things to do such as city located between New York is considered one of the United events, dance, opera, musicals, studying. He was not aware that people from outside the law school and Chicago. Cleveland has States’ most important and presti- and international artists. Disney’s would be there. Another student said that he was burned out from always been the bridesmaid and gious art museums. award winning Lion King will be studying and slept through the awards ceremony. never the bride. However, Cleve- The museum is known for coming to Playhouse Square in the Keith Pryatel, a 1986 graduate of C-M, attended the ceremony to land is one of the best locations its medieval, pre-Columbian and summer of 2007. give out an award on behalf of his fi rm. He explained that when he for arts and culture in the United Asian collections. The museum Cleveland Playhouse received an award during law school, his entire family came to the States. was built in 1913, and its perma- Cleveland’s famous theater event. Cleveland has many world re- nent collection includes more than scene includes the Cleveland Play- Pryatel explained that as a busy attorney, it is a big deal to set aside nowned cultural and artistic orga- 40,000 pieces. Admission to the house. The Cleveland Playhouse three or more hours to travel to and from C-M and to sit through the nizations including, the Cleveland museum’s permanent collection is America’s first professional entire ceremony. In fact, he explained that it probably cost the fi rm Orchestra, the Cleveland Museum is free. theater company. The Playhouse more in lost billings for the time he was at the event then the cost of of Art, Playhouse Square, and the The museum is currently dis- was established in 1915. The Play- the award itself. He explained that his opinion was not just based on Cleveland Playhouse. playing the special exhibition house creates and produces a wide one award winner, but on the entire C-M student body. Cleveland Orchestra titled “Barcelona & Modernity: range of theatrical events. Pryatel indicated that he was appalled at the lack of students who In February 2005, the New Picasso, Gaudi, Miro, Dali.” The The Cleveland Playhouse actually attended this year to receive an award. He characterized the Yorker declared the Cleveland exhibit highlights the emergence complex consists of the Bolton student body as having an “attitude of arrogance,” because whether Orchestra to be “the finest in of Barcelona, Spain, as a world Theater, Drury Theater, Brooks they show up or not, they will receive the money. America.” This level of praise is leader in art and culture during Theater, and the Baxter Stage. Pryatel wrote the school a letter complaining about student atten- typical. The Cleveland Orchestra the 71-year period from 1868 to Current and upcoming events dance at the ceremony. When a C-M administrator returned his letter is widely considered to be among 1939. include, “A Christmas Story,” “Of and asked for suggestions, Pryatel suggested that the school adopt a the best in the world. Tickets to the special exhibit Mice and Men,” and “Lincoln- policy of “no show no dough.” If a student is not courteous enough The orchestra is one of the “big can be bought online and cost esque.” Famous artists including to show up to the event, then she should not be entitled to the money. fi ve” orchestras, a group including around $12. The museum is cur- Tom Hanks and Ed Asner have Pryatel predicted that if C-M institute this policy, the next year’s at- the orchestras from Boston, New rently undergoing a $258 million been involved with the Cleveland tendance would be at 99 percent. York, Philadelphia, and Chicago. renovation. Dates, times, and Playhouse. Both anonymous students interviewed for this article stated that Writer Charles Michener said availability may vary, so call 216- Cleveland has a great deal to if they knew they had to show up in order to receive an award, they the Cleveland Orchestra is the 421-7340 in advance. offer to those who wish to seek would have attended. However, Dean Lifter stated that this policy only American orchestra “that is Playhouse Square artistic and cultural entertainment. is unlikely, because the ceremony is really about acknowledging the distinctive and refined enough Cleveland’s esteemed theater Cleveland has great music, theater, accomplishments of students and not about the money. to stand alongside the two pre- district is known as Playhouse and art. She stated that the school would be making some more efforts next eminent European Ensembles: Square. Playhouse Square is sec- Whether your stay in Cleve- year in order to boost attendance. Lifter explained that the school the Berlin Philharmonic and the ond only to New York’s Lincoln land is temporary or whether you would try to better communicate with the students and let them know Vienna Philharmonic.” Center in size. Playhouse Square plan on living in Cleveland for what award they received. The Cleveland Orchestra was has the second most number of the rest of your life, you would do As for Pryatel and his fi rm, a couple of weeks ago, the partners founded in 1918. The Cleveland productions in the United States, well to take advantage of all that unanimously decided to pull the gift from C-M and award it at a dif- Orchestra performs in Severance second only to Broadway. Cleveland has to offer. ferent Ohio law school. THE GAVEL Page 4 CareerCareer December 2006 Preparation key to success on Alumnus childhood inspires career By Kevin M. Butler has emerged as a leader in his ethnic the result is beautiful. C-M ALUMNUS community after a series of shrewd real At the exit from the criminal courts students’ exams A Polish immigrant, aged around 45, estate moves. building, Butler hauls open the massive waits nervously at the defendants’ table Another client is one of Cleveland’s doors and sternly considers the blizzard By Karen Mika in the old criminal courts building on leading Ukrainians, a person who suc- before him. LEGAL WRITING PROFESSOR Any words of wisdom for doing well on fi nals? East 21st near Payne. ceeds fi rst in honoring his family and The client gives him a hug, thanks The only way to do well on something is to Behind him is a young boy, all of eastern European brethren, and only him with only a measured look and rehearse for it. Consequently, aside from studying 11 years old, who despite having been then concerns him- descends the courtroom steps, still material, the best way to prepare for fi nals is to do dressed in his Sunday best, sits on his self with the opera- bare-armed, to the mock exams under exam conditions. hands in the back of the courtroom. tion of his very suc- “You should sleep well street below. But- Obviously, there is no way to tell how you did To his client’s right at the defense cessful business. when you are a Cleveland ler and his son unless you have some type of model answer so the table is John Butler, a noted attorney We represent stand motionless, best mock exams to use are the ones with sample who has publicly said he prefers to rep- small, minority attorney because you watching. answers. resent “gentlemen criminals” — polite, contractors, a Mid- know the people you S lo w l y, th e In the alternative, the mock exams should be done dapper men who graciously relieve you dle Eastern church, Polish immigrant in a group and should be compared. When compar- of your possessions while you sleep and a farm-owning fam- help every day are meat- disappears like a ing what is written down, the content should not be yet nod hello the following morning ily from Medina and-potatoes people, hunched specter critiqued so much as the format. outside church. County. We know into the driving Students too often underestimate the value of these By those standards, Butler’s client that when our cli- in a meat-and-potatoes Christmas Eve dress rehearsals. Pretty much every student knows the this day is no gentleman. He stands ac- ents close shop for town.” snow. same amount of law prior to going into fi nals. cused of killing his wife’s paramour after the day, they, like The young boy There are only a fi nite amount of elements and tests a struggle in broad daylight; murder is us, go home to children, husbands, takes his father’s to memorize. Success on exams the charge. wives and lives and dream and pray for hand, looks up and pleads, “He has no Legal depends on clear organization, Just moments from now, a jury will grace to shine on them. coat, Dad. Where is he going without articulation and application of enter the courtroom through a series of John Butler and his hulking cli- a coat?” Writing those elements or tests. sturdy doors and deliver their verdict. ent stand together as the jury fi nally The attorney sets his hat on his Additionally, it is nearly im- Being a Cleveland attorney certainly emerges and takes its place. It is a head, nudges it over his ears and looks possible to anticipate how one presents challenges to the graduating heady moment. down at his son. He squeezes the boy’s will parcel out time under exam conditions. Quite law student. In defense of an act prosecuted as a hand tight. often, exams involve complex issues that have many We are home to two law schools, cold-blooded murder, at trial Butler had “He’s going free.” subparts. three if you include Akron, and yet our promoted the doctrine of self-defense Kevin Butler is a 2001 graduate of Without “rehearsing” how long it will take to population shrinks, our residents are — a risky move, but one that affords C-M, an attorney with Joseph B. Jerome organize and set out the numerous subparts, it is demonstrably poorer than in many other the jury a chance to send this man and Associates, and the grandson and likely that organization will suffer during an exam. large cities, and our manufacturing base back into his own world, albeit now a son of Cleveland attorneys John and Panic often sets in, and the student winds up writing has declined so much so that attorneys dismal one. Dennis Butler. a stream-of-consciousness diatribe on every aspect of seem to eat other attorneys to develop The verdict is read. Butler blinks. a particular course. an established business clientele. (No The immigrant bows his head. The Despite what some students think, law professors wonder we are also one of the fattest young boy cannot comprehend the im- are rarely impressed by a piece of writing that is simply cities in America.) port of the moment with Christmas just a “mass” of information related to a particular topic. The prospects for a long, steady hours away. THE GAVEL Perhaps everyone knows this on some level, but career in the law may appear grim as He sees his father say a few words Cleveland’s fortunes change and the city to a few people, put on his thick winter CLEVELAND-MARSHALL COLLEGE OF LAW there are a few things with respect to taking exams CLEVELAND STATE UNIVERSITY that must be repeated: struggles to realign itself for competition coat and gloves, pick up his briefcase 216.687.4533 TELEPHONE 1. Answer the question(s)! Students have a ten- in a new economic era. and hat in one hand and take his client 216.687.6881 FAX dency to dive right into the law without addressing But hardly all is lost for the 3L by the arm with the other. [email protected] the specifi c question posed. Students also have a and 4L already contending with fi nals, Together they spin around and walk tendency to decide to answer other questions besides graduation and passing the bar. slowly toward the back of the courtroom. those that are posed. Merely consider the work you will The deputy does not fl inch. Think of the answer as the topic sentence of a do, and for whom. Butler stops at his son’s pew, astride paragraph. Most paragraphs require a topic sentence A laborer all his life, the immigrant his client, and tells the boy to put on his in order to be coherent, and the same is true for exam has one huge hand and one meaty coat, scarf, hat and mittens. It’s a long answers. forearm — the other arm severed in an ride back to Lakewood. If you can’t point to the topic sentence of a seg- industrial accident. The boy cannot help noticing the Co-Editors-in-Chief ment of an exam, chances are the answer is organized You can see just how big he is be- immigrant’s one thick forearm, but he Margan Keramati poorly. cause he’s dressed in just a short-sleeved dares not look at his face. Kathleen Locke 2. Separate out rules from analysis, and place the cotton T-shirt, apropos of the weather You should sleep well when you Shawn Romer rules fi rst. Once again, if you can’t look at an exam when he was wrestled to the ground in are a Cleveland attorney because you Staff answer and be able to circle where the rules are and that same shirt by police months earlier. know the people you help every day are He wears no tie, no jacket — and the meat-and-potatoes people, in a meat- Anonymous 1L see that they come before any analysis, then there is Drew Behnke probably something wrong with the answer. back of his seat remains empty of any and-potatoes town. Paul Deegan 3. Do not set out stray statements of facts that are outerwear. In law school, you have not yet Joseph Dunson disassociated from a legal rule that should precede The few souls in the courtroom have learned of the unintended consequences Tiffany Elmore it. forgotten how hot it was the summer of your hard work — the warm feeling Joanna Evans For instance, the phrase, “The defendant pushed prior. that comes with having shepherded Kurt Fawver Amey Griffi n the plaintiff into oncoming traffi c” means nothing It’s dusk on Christmas Eve, 1951, clients successfully through diffi cult and today frigid gusts are dumping times. Brenda Hruska legally. Bradley Hull Compare that with, “The ‘harmful touching’ oc- Lake Erie snow on downtown Cleveland You celebrate and mourn with them. Aaron Mendelsohn curred when the defendant pushed the plaintiff into with a ferocity that undermines John You do your best for them because you John Rose oncoming traffi c.” Butler’s plans for a serene holiday with believe in them and yearn for their Kevin Shannon 4. Remember good principles of presentation. his family. welfare. You see them at their gravest Chris Tibaldi His young son, the lone spectator moments, at their most foolish, and oc- Daniel Thiel Don’t underestimate the value of writing legibly, using Ben Wiborg headings, avoiding arrows and scratch outs, and re- in the back of the room, just wants to casionally at their most joyous. fraining from paragraphs that continue on for pages. go home. You set aside all that makes you If you turn in your exam answer thinking, “I’m I have been fortunate enough to cynical about the law, about your life, glad I don’t have to sort through that,” chances are work in a small fi rm that represents a and about Cleveland because you know Advisor Thomas Buckley that the professor will not fi nd you work to be com- vast array of clients, from individuals to how much your work means to your Printer P.M. Graphics businesses, wealthy to poor, headstrong clients. mendable. http://www.law.csuohio.edu/students Too often students will say, “Well, it may not have to meek. And you get on with the business ALL RIGHTS REVERT TO AUTHOR been pretty, but it was all in there.” The reality is that One is a Balkan immigrant who of being their advocate, in the best way “pretty” is very signifi cant. began in America with nothing and yet you know how. Every now and then, THE GAVEL n POLITICS DECEMBER 2006 n 5 TheThe PoliticalPolitical BroadsideBroadside The War in Iraq Debated What should the United States do about the current situation in Iraq?

By Bradley Hull By Joseph Dunson CONSERVATIVE GAVEL COLUMNIST LIBERAL GAVEL COLUMNIST The U.S. military must accelerate the training of Iraqi We all know the story. Over three and a half years, security forces and make no immediate changes to current almost 3,000 American soldiers killed, tens to hundreds troop levels. “Win” is the appropriate exit strategy, not “stay of thousands of Iraqi civilians dead, no weapons of mass the course” or “the public is nauseated, so here is when we destruction found, billions of dollars spent monthly, and leave, ready or not.” no peace or hope for stability on the horizon. The human Lacking training in military strategy and access to tragedy in Iraq is unparalleled even by the substantial loss confidential national security wartime information, I defer of foreign support caused by the U.S. invasion: crucial sup- to General John Abizaid, Commander of U.S. forces in the port that the U.S. could ill-afford to lose in this precarious Middle East, on apposite Iraq strategy. General Abizaid, the age of global terror. top U.S. Iraq commander, testified before the Senate Armed Just last month U.S. Central Command released a chart Services Committee on Nov. 15. At the outset, he noted that he “remains optimistic that that depicted Iraq as a country teetering on the edge of chaos. Yet still this Administra- we can stabilize Iraq.” tion prefers to ‘stay the course,’ as if near anarchy were a status quo condition worth General Abizaid testified that the U.S. military should substantially accelerate the pace maintaining. of Iraqi security forces training. Abizaid endorsed the substantial expansion of teams of The midterm elections proved a referendum on this Administration’s failed policies- American army trainers to work with Iraqi units. Due to his estimate that sectarian violence with Iraq taking center stage. In the next Congress the fresh Democratic leadership will from militias and “insurgents” (translation: “terrorists”) could swamp Baghdad within four reinstitute oversight and accountability in Washington and will curtail this Administration’s to six months, General Abizaid emphasized that particular urgency currently attaches to the rampant abuse of its executive power. America has spoken and change is in the air: begin- increased training of Iraqi security forces. This endorsement bears no resemblance to the ning with the midterms, gaining speed at Rumsfeld’s overdue ouster, and soon ushering “stay the course” rhetoric senators on both sides of the aisle attempted to foist on him. in a new strategy in Iraq. The General testified that “the prudent course ahead is keep the troop levels about where The long awaited Baker Commission report will outline the regional support necessary they are.” General Abizaid noted that sending more American troops would discourage and from Syria and Iran to stabilize Iraq from the outside. Just last week Syria and Iraq ended disincentivize Iraqis from taking the lead in their own security. The General also rejected two decades of political estrangement. Many hope that their recent reengagement will lead calls for a timeline-based reduction of soldiers. This is largely because an announced, to a tighter Syrian border, which will in turn curtail the influx of Sunni foreign militants scheduled redeployment of U.S. troops would allow terrorists to wait them out, and then into Iraq. As I write this column, Iraqi President Jalal Talabani prepares to embark on a enjoy open season on Iraqi civilians. trip to Tehran, to discuss Iran’s role in the rebuilding of Iraq. General Abizaid noted that the current force of approximately 140,000 troops has made While Syria and Iran are invaluable assets to border closure, the real question is progress in securing Iraq. He testified that, as to sectarian violence, “[it] is certainly not as whether the United States should move toward redeployment out of Iraq in the short term. bad as [it] appeared back in August.” Abizaid predicted that the Iraqis may assume their Unequivocally the answer must be “yes.” own security in 12 months if training is increased, primarily because roughly 80 percent The war is lost in conventional terms of victory and defeat. Iraq teeters on the edge of the sectarian violence is contained within a 35-mile radius of Baghdad. of civil war, evidenced by the imposition of forced curfews to lower the frightening daily General Abizaid testified that “when [he] comes to Washington, [he] feels despair…[but death toll from sectarian violence in major cities. Many argue that the U.S. presence in when he] is in Iraq with [his] commanders, [and] when [he] talks to [his] soldiers and Iraq is a primary cause of the continued violence, and studies have concluded that the Iraqi leadership, they do not despair.” Abizaid added “those among us who fight bet on occupation itself breeds potential terrorists. the Iraqis, and as long as they are confident, I am confident.” How many more American soldiers must die before we shed our hubris, acknowledge Unsuccessful U.S. exit from the Vietnam War provides lessons for exit from the Iraq our loss, and finally practice our favorite “support our troops” tagline by bringing them War. Internationally-renowned military expert R.J. Rummel noted that victorious Com- home safely to their families? munists in Vietnam, Cambodia and Laos (all of which were aided by the Communist Former senator John Edwards rightly advocates for a three-element approach to with- North Vietnamese in taking power) killed nearly twice as many people in the ten years drawal from Iraq. “A plan for success needs to focus on three interlocking objectives: after the war, as the United States, South Vietnamese and North Vietnamese armies and the reducing the American presence, building Iraq’s capacity and getting other countries to Viet Cong killed combined during the ten year war itself. The U.S. Department of State meet their responsibilities to help.” estimated that the Khmer Rouge killed 20 percent of the entire Cambodian population. To get out of Iraq we need to (1) shift from an occupational military force to a train- Given the 2:1 ratio by which Shi’a Muslims outnumber Sunnis combined with Iranian ing-supplementary force (2) pull our war-profiteering Halliburton contractors (3) open Army support, an unsecured Iraq could reduce Southeast Asian Communism’s reign of and facilitate regional dialogue in order to cut the influx of foreign fighters and create a terror to a mere historical footnote. multi-national coalition for change. Once American troops were redeployed, Communist North Vietnamese did not con- Withdrawal critics argue that pulling U.S. forces will throw Iraq into a hopeless state tinue the fight on U.S. soil. The same cannot be said for many of the terrorists fighting of anarchy. Former national security official Richard Clarke answered these critics best today in Iraq. when he opined “[d]elaying a possible spike in chaos. . . does not outweigh the benefits of Napoleon Bonaparte once said “victory belongs to the most persevering.” When North withdrawing sooner. Staying there beyond 2007 would come with high costs in American Vietnamese Communists outlasted the American public’s resolve, they renamed Saigon lives, and in Iraqi lives taken by U.S. forces. It would not be worth the further damage “Ho Chi Minh City.” Can those who espouse U.S. troop withdrawal without regard to Iraq to America’s diminished standing in the world that accompanies our occupation, nor the security fathom the renaming of Baghdad as “Abu Musab al-Zarqawi City”? price we pay by generating more terrorists motivated by our presence in Iraq.”

Liberal rebuttal... Conservative rebuttal... Winning is no longer an option. Even Henry Kissinger, special advisor to President Facts matter, part three. Bush, recently admitted that a clear military victory in Iraq is off the table. We do not all know the story. Few have served in the Iraq War and fewer have access “[T]he public is nauseated” because losing thousands of its soldiers turns its collective to confidential military information. In CNN’s Election Day exit poll, “corruption” was stomach. I can think of no better reason to leave Iraq in the short term than to save the the issue voters cared most about. Iraq ranked #4. lives of countless U.S. soldiers and Iraqi civilians. You espouse redeployment first, Iraq stability second. You forget that the 9/11 terror General Abizaid is a leader of the highest caliber. He is also hamstrung by duty, as attack killed more Americans than the Iraq War has after almost four years, and leaving were the various ex-military leaders who, post-retirement, have spoken out against this Iraq “in chaos” greatly facilitates terrorist operation. You omit the fact that the killing in Administration’s failed policies in Iraq. Southeast Asia doubled after we left Vietnam unsuccessfully. My respected adversary, Would not a secret, staggered redeployment plan mollify the concerns of those who “who needs security or human rights?” and “let’s replace ‘near’ anarchy with total anarchy” fear that the insurgency would plan its attacks around published U.S. withdrawal dates? are not compassionate messages. Your Vietnam analogy holds no water. General Abizaid has spent his entire career in military service, is intimately involved Throughout the period of staggered troop withdrawal the United States would facilitate with the situation on the ground, and both his life and professional reputation are at stake in Arab-led negotiations among the Kurds, Shiites, and Sunnis, to forge a self-determinative this war. His views on Iraq strategy trump military-experience-lacking, 2008 Presidential movement toward stability. hopeful Edwards’. Our presence in Iraq catalyzes sectarian tensions and emboldens those radicals opposed In September’s edition, you cited no facts. In October’s, the world’s most highly re- to long-term peace through compromise. spected economists refuted the no-name surveys you cited. Here, you ignore all current Iraqi war apologists ironically play on America’s fear of future terror attacks to justify military leaders’ strategies for Iraq, and resort to several unsupported conspiracy theories. the continuation of a lost war that breeds new terrorists everyday. Better luck next semester. THE GAVEL Page 6 OpinOpin ion ion December 2006 SBA tackles Voters focus on scandal, ignore issues exam policy, Public disregards political positives and bases decisions on sensationalism Mike Foley, Bob Ney, Bob Taft. Every- federal loan available to graduate students? they were upset that the Republican Party one knows these names. But, how many If you did, did you specifi cally mention had failed to achieve progress. Instead, scheduling people can just as easily name some of the that this is a “good” that our government their votes were likely direct reactions to By Scott Kuboff positives associated with the Republican has provided? I am a sinner as well, and I the publicized scandal. SBA PRESIDENT Party? Not many. also often glaze over these facts in favor of Simply put, people vote on what they Dear Fellow Students, This past November, voters, especially discussing the juicier stuff, like coingate. know, and they know about scandal much On behalf of my fellow SBA Offi cers Ohio voters, manifested their disapproval of In writing this editorial, I perused several more than they know about anything good – Meredith Danch, Chan Carlson, Nick the Republican handling of Congress. This major media outlets in search of examples of that our government accomplishes. Hanna, and Jaime Umerley – I would like is not the fi rst time that a party has lost its the “good” that our government has done. I So, if I have any advice for the Demo- to thank you for making this semester a majority in Congress, and it certainly will found some in the back of the “Metro” sec- cratic majority in Congress, it is to do as success. not be the last. tion, but even these articles could only be little as possible – both good and bad. You’ve attended student organiza- History, because it has proven to be cy- classifi ed as “questionably” positive. They will not be penalized for doing little tions’ events, participated in fundraisers, clical, helps us predict the future. Whether we like it or not, the media “good,” but they will be for doing even the and spoke with your Senators to ensure If we have learned anything The is the most service- your needs were being met. about politics and its history, oriented “branch” of it is that the Democrats will, Gavel our government. They To this end, student organizations Editorial continue to thrive, and your Student Bar too, eventually fall. Opinion give us what we want Association was able to pass three major No party has been able to – and we want to talk pieces of legislation. sustain a permanent majority about the “bad” much As many of you are aware, your SBA in Congress – there is always turnaround (it more than we care passed Resolution 10222006-A, which is just a question of when it will occur.) about the “good” that calls for a 24-hour History has also taught us another time- our government does. Exam Policy. less lesson – this fall will have everything to A meal at a fast SBA This policy ad- do with scandal and other mishappenings, food restaurant will dresses students and nothing to do with a lack of progress. give us twice our daily President who have a night People know Foley, Ney, and Taft be- allowance of saturat- exam scheduled cause they are associated with scandal and ed fats. However, if for 6:00 p.m. and then one the following other generally political “bad” things. These people did not eat this morning at 9:00 p.m., as well as students scandals were highly broadcasted in the stuff, it would not be who have two exams scheduled on con- media (but we cannot just blame them). sold. The market will secutive days. Who among us can say they have not always adjust to our On Thursday Nov. 30, 2006, the C-M discussed, in our general conversations, tastes, and whether we faculty will be voting on whether to accept these scandal-laden politicos much more wish to admit it or not, our tastes can bit slightest “bad.” this policy. I would like to thank SBA than we have talked about anything “good” salacious. This plan will help the Democrats post- Treasurer Nick Hanna for his hard work that Congress does. When the people went to vote, they went pone, as long as possible, effectuation of on this piece of legislation. Ever talk about all the potential terrorist to punish the Republican Party. Likely, the the one immutable truth in politics - power Additionally, many part-time evening plots that have been thwarted, or the new voters were not voting this way because is never permanent. students informed us that they were pre- cluded from enrolling in evening sections of Required Core Courses because those sections were closed before they could register. In turn, those students had to petition the administration in order to be 1L offers interesting approach to fi nals enrolled in those required courses. In response, senator Crystal Blevins drafted The following is the third I’ve forgotten the elements of “Finally, make good friends you should not only Resolution 11192006-A, which calls for part in a six-part series follow- adverse possession-I don’t even be able to spit them a fair registration process for part-time ing a first-year C-M student know them; how on earth could with your outlines, know out verbatim, but you evening students. I would like to thank from orientation to spring ex- I forget them. But hey, those are them like the back of your must also be able to senator Blevins for her dedication in serv- ams. my dreams for ya. “interweave” them into ing the students in this matter. So you’re a little stressed. It Long story short, take some hand, and you should not something mystical and Looking forward to next semester, must be that time of year, where time to relax (fi ve seconds give only be able to spit them out inspiring. your SBA plans to address student con- sleigh bells are ringing, people or take) and then focus. Do your Hopefully, your pro- cerns regarding eligibility for the Dean’s are cheery, and oh sweet sin best to not freak out because verbatim, but you must also fessor, while on his or List. Under current academic policy, you’ve got four or fi ve fi nals in then you will be worthless to be able to “interweave” her vacation, will ex- students receiving an “incomplete” grade front of you. yourself and to those around claim with glee what a are ineligible to be recognized. It’s like you can almost see you. them into something brilliant future attorney While this policy is reasonable in paradise (also known as vaca- Also, it might not be a bad mystical and inspiring.” you will be. most circumstances, it presents an issue tion), but there is an incredible time to re-acquaint yourself Yes, the future. for students who are enrolled in certain amount of work to be done. with your favorite higher power These grades right here courses that require work to be done in Now if you’re like me, you - God, Buddha, the Pope, Jerry garbage for a blessed seven or will determine a lot for the following semester. In this situation, really haven’t Springer - whatever fl oats your maybe eight seconds, here’s to some people. the student would receive an “incomplete” done your out- boat. hoping. Best of luck, and that I do until the work is complete (generally, at lines, so plan on First 1L year Seriously though, a little And no it’s not that I hate mean with all sincerity, and the end of the following semester.) spending three life distraction at this point in the have a great vacation filled Part III OSU, but the fans can turn any Under such circumstances, those stu- or four days do- game isn’t a bad thing, just don’t sane individual sour to their with family who have no clue dents would be ineligible to be on Dean’s ing that junk. let it become the main show, or constant superiority tirades. as to the hell you’ve just been List for the fi rst semester, regardless of Then there you’ll feel like Big Ben after Anyways, get some sleep, through and will want to share their grade or academic performance. is the last minute cramming (I a football game - beat up and that whole eight hours of sleep stories of their personal legal To address this concern, the Academic mean “learning”) for the fi rst worthless. thing - do it. Those bags under debacles (of which you will not Credit Task Force has been created. I time in my case. This approach Yes, I hate the Steelers and your eyes do not inspire anyone be the least bit interested in but would like to thank senators John Rose is hated by the scholastic and grin with glee at every hit Big or make you look any better. will feign interest anyways). and Jeff Stupp for co-chairing this task many at our fair institution Ben takes, and congrats to any In fact, people will probably Say hi to your friends who force. who actually do the work as it team that beats them, which this start to wonder what you’ve might not remember you be- Finally, I would like to wish everyone is assigned. But, it can work if season has been the majority. been sniffi ng if you don’t get cause of your four month ab- good luck on your final exams and a you dig in now and work like Speaking of football, my that eight hours of sleep, so sence (which can easily be happy and safe holiday season. the devil. misguided OSU fans, there defi nitely do yourself a favor explained away with…oh yeah To the graduating students, congratu- Unfortunately all this stress is this little program out on and get some. I’m in law school,), and say hi lations on your achievement and good is starting to affect my sleep the West Coast, a.k.a. the best Finally, make good friends to Santa for me. luck on the Bar; it has been a privilege time. I’m not gonna lie, I wake coast, called USC that with with your outlines, know them Travel safe, and I look for- to serve you. up in cold sweats thinking that any luck will stop this O-H-I-O like the back of your hand, and ward to next year. THE GAVEL n OPINION DECEMBER 2006 n 7 Change Just spit it out: confusion in legal language in South By Kurt Fawver even the most brilliant legal scholars. could easily be replaced with simpler terms. GAVEL COLUMNIST This being the case, how can the average Legal documents are littered with similar Laws are supposedly created, refined, and American know the limits the law places on “big words” that far exceed an eighth grade America interpreted for the benefit of society at large. his or her behavior? Even more, how can level. From the most mentally- disabled individual police officers, often with an average read- Legal writing also falls victim to mean- By Drew Behnke to the most talented genius, laws are meant ing level as well, know when to enforce a dering structure. Often, the thrust of a court STAFF WRITER to govern all individuals’ behavior. confusing statute? opinion or a statute will appear only after A spectre is haunting Latin Amer- Any proverbial “common man” should Many individuals may break the law pages and pages of precursory materials. ica—the spectre of democratic social- be able to easily understand the limits law unknowingly or, even worse, be arrested by History, precedent, detailed definitions, and ism. A plethora of democratically sets regarding what he should and should officers who simply do not understand the reasoning are all important aspects of the law elected, decidedly left-leaning gov- not do. However, a serious problem arises caveats of a particular law. for legal professionals, but to the average ernments now comprise a part of the when the “common man” only has an eighth The problem is that legal writing of all citizen they are pointless. western hemisphere once dominated grade reading level, as is the case in the forms is filled with archaic terms and unnec- The “common man” needs the crux of the by authoritarian, and often implanted, United States. essarily confusing grammar document up front. The meat of the docu- dictatorships. Every day, men and women of average and syntax. ment, so to speak, should be the first thing These are not, however, your grandfather’s communists. The col- reading comprehension are entering into Respectfully Even graduate students presented. Ideally, legal writers should be lengthy, meticulously constructed, and often need the help of magic de- concise and tell a reader what a legal docu- lapse of the Soviet Union all but dissenting purposefully obfuscated contracts. In these coder rings to decipher many ment means at the onset of that document. It ended Marx’s dream of the imperial instances, the common man is held hostage statutes and court opinions. can be explained in more depth and breadth communist bloc. Instead, we now by legal language, by the jungle of words The ideas contained in legal afterward. see grassroot, populist democracies, that are supposed to be shielding him from texts are often difficult to comprehend in the None of this is to say that lawyers, judges, inspired by decades of destitution and injustice. first place, and they are made even worse by and lawmakers should feel compelled to corruption, calling for socially-minded One complex vocabulary word thrown being enmeshed in a web of stylistic pomp draft legal documents as if they were articles governments. It need not be said that into the proper clause can exonerate a and over-formalized fluff. in USA Today. A certain level of rigor and this is not the democracy the United business from all responsibility and utterly Practically all court opinions read like complexity is naturally justified, given the States envisions when touting the flag- destroy an individual’s chance for true equity academic treatises, which most Americans nature of law. ship of its foreign policy. in financial transactions. with eighth grade reading levels cannot hope However, purposefully drafting opinions For the most part, leaders of these Should a lawyer really need to be present to understand. and statutes for an exclusive audience of countries have pledged to continue tra- every time a person opens the mail and re- Ideally, the language in legal writing legal professionals completely cuts against ditional relations with the United States ceives a notification that a clause in his credit should be clear and simple. The efficient the idea that the law should be accessible with respect to trade, narco-trafficking card agreement has been updated? What use of small, universally understood words for all citizens. and human rights concerns. about when someone buys a new widescreen should be encouraged. Ultimately, legal texts should be written In some cases, cooperation is LCD television and enters a retailer service An average American citizen does not so that even the average person can grasp actually increasing. The Dominican contract? Should all people carry a lawyer in know the definition of words such as “re- their ramifications. This can be accom- Republic and Guatemala, for instance, their back pocket, so they cannot fall victim calcitrance” or “meritorious,” two words plished through simplification of language have both passed free-trade agreements to legal sleight of hand? immediately found upon a five-second and directness of idea. with the United States. In January The case is even more serious in situations inspection of the Supreme Court’s opinions America is essentially a nation of pre- 2006, Chile elected self-described where criminal law is involved. An overly in Bush v. Gore. teen readers, and legal writing needs to alter socialist Michelle Bachelet as Latin obtuse statute can cause confusion among These two words, as just one example, itself to reach that particular audience. America’s first elected woman head of state, and United States relations with Chile remain strong. Other countries, however, have made various domestic changes at odds with U.S. interests. Bolivia, Effectiveness of mandatory sentencing under the leadership of Evo Morales of the Movement Toward Socialism By Chris Tibaldi WWII, and there are expanded ted while the perpetrator is high videotapes resulting in a 50 year party, has begun to decriminalize coca STAFF WRITER definitions of crimes, notably the on alcohol or drugs, increasing sentence is fitting because the cultivation and to nationalize its con- In the 1950s president Eisen- “war on drugs,” which is a large impulsiveness; 4) environment criminal has at least two other siderable natural gas industry. Earlier hower warned America about the part of the increase of convicts or peer group. serious felonies. this year, Ecuador’s Alfredo Palacio “military industrial complex” that incarcerated today. Some argue that longer or In 2003, the U.S. Supreme expelled U.S. oil company Occidental was developing because of fear of Many social scientists are harsher sentences have been Court upheld California’s law following an alleged breach of contract. the Cold War. trying to determine whether man- successful. C-M Dean Geoffrey in a 5-4 decision, giving great Venezuela’s Hugo Chávez continually Today, criminologists warn datory or lengthy sentences deter Mearns agrees that some “get deference to state law makers. irks U.S. officials with his brazenly us of the exorbitant costs of the crime. One study conducted by tough on crime” laws have been In Lockyer v. Andrade, the court anti-U.S. rhetoric and by chumming “prison industrial complex.” In Dr. Anthony Doob, professor of successful, at least with specific held that the “three strikes” law up with Cuba and Iran. California, between 1984 and criminology at the University deterrence because the offenders does not constitute a “cruel and Earlier this month, Nicaragua’s 1994 the state built eight maxi- of Toronto, compared the crime are not in a position to commit unusual” punishment prohibited citizens returned to office Daniel mum-security prisons while the reduction rate of a state that had another crime since they are under the Eighth Amendment. Ortega, former president and leader of cost to taxpayers for the system increased sentences with an ad- incarcerated. To deter crime many argue the Sandinista movement of the 80s of criminal justice for the same jacent state that did not. According to Bill Jones, for longer sentences like the three and 90s. Ortega’s return is particularly period grew from $45.6 billion “There are no general…crime one of the authors of the “three strikes law. If a repeat offender interesting given the United States’ to about $100 billion in 1994, reduction rates achieved in sen- strikes” law in California, there cannot be rehabilitated then the extensive efforts under the Reagan according to Davis C. Anderson, tence severity,” stated Dr. Doob’s has been a 41 percent drop in only answer is to “lock em’ up” administration to remove him. author of “The Mystery of the study. Another study led by crime since the 1994 law has been and keep them off the streets Were all this happening 20 years Crime Rate.” Doob and C.M. Webster found in place. He claims the law was for good. But groups such as ago, we’d likely witness an adamant According to the U.S. De- that citizens are not as concerned aimed at the 6 percent of crimi- the American Civil Liberties not-in-my-back-yard response from partment of Justice, the prison with deterrence as they are with nals that commit 60-70 percent Union argue that the “teeth” of the United States. Notwithstanding population in 2004 reached 1.5 an appropriate punishment based of the crimes in California. The the eighth amendment is eroding the discovery of an Al Queda opera- million. This is a record number on the moral weight of the of- reason it has worked is because, with these kinds of laws. tive within the ranks of one of these of people incarcerated in Ameri- fense and whether they are repeat “prisoners know they have 3 “General deterrence is about governments, thus throwing them into can history. offenders. choices when released: clean up deterring others…[and] I think the axis-of-evil pajama party, we will By 2004, the number of pris- According to Anderson, how- their act, go to jail or leave the the data is much more mixed on probably see Latin America’s fledgling oners serving life sentences, ever, there are psychological state,” according to Jones. whether those severe sanctions democracies try their hats at the west- about 1 in 11, increased by 83 factors that make some people Jones also argues that the law have deterred others,” Mearns ern hemisphere’s first significant move- percent over the prior ten years, less likely to think about conse- was written in a way to ensure said. To really deter crime we ment toward democratic socialism. according to the Boston Globe. quences. In his book “The Deter- reasonable and just interpretation. must have smarter sentencing, Secretary of State Condoleezza So why such large increases rence Hypothetical,” he lists four Both the judge and the district at- not just longer sentencing. Peo- Rice has said the goal of U.S. foreign in the prison population? Ac- reasons why longer sentences do torney have great discretion to ple commit crimes because they policy is to “work with our many cording to J.M. Darley, author not deter a criminal: 1) the crimi- provide for lesser sentences in believe crime pays or they don’t partners around the world to build and of, “Symposium: on the Unlikely nal tends to be a more impulsive each individual situation. know a better way. In order to sustain democratic, well-governed Prospect of Reducing Crime person than the general public; He also defends the results stop crime from paying, good states that will respond to the needs of Rates by increasing the Severity 2) 76 percent of people caught when some felons end up serv- government must be defined not their people.” The rise of these govern- of Prison Sentences,” the length for a crime never perceived a ing life sentences for what may only by its use of prisons, but by ments in Latin America is, ostensibly, a of the average prison sentence risk of apprehension; 3) a high appear to be petty crimes. He its ability to provide education, response to the needs of their respective in America has tripled since percentage of crimes are commit- explains that stealing $153 of training, and opportunities. citizens. 8 n DECEMBER 2006 THE GAVEL n ADVERTISEMENT