Georgetown Law Weekly

The Student Newspaper of Georgetown University Law Center in Washington, D.C. “Uninhibited, robust, and wide-open” VOLUME 43 TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 NUMBER 9 Successful Eskridge decodes the Supremes in lecture by Margaret Rubin, 1E Eid caps off Law Weekly The Law Center welcomed back an old friend last Wednesday when Ramadan Professor William Eskridge gave the by Zeeshan Hafeez, 2L Thomas F. Ryan Lecture, entitled Law Weekly "Supreme Court Deference to Agencies, 1981-2006: An Empirical and The Muslim Law Students Normative Examination." Thomas F. Association (MLSA) ended Oct. with a Ryan, for whom the lecture is named, bang as it celebrated its seventh annual received his J.D. from Georgetown Eid Dinner on Oct. 30 with a capacity University Law Center in 1976. The lec- crowd of over two hundred students, ture series was established by Hugh A. staff, faculty and members of the Grant and has included distinguished greater Law Center community. The speakers such as Justice Stephen G. Gewirz 12th floor lounge was packed Breyer, Senator Joseph R. Biden, Jr., as people from all faiths joined together and Cornel West, among many others. at a table of brotherhood and sister- Clearly, Professor Eskridge still has hood. many fans and friends here as he Alex Kronemer, filmmaker and fre- received a glowing welcome and the photo by Marika Maris, 3L quent lecturer on religious diversity 12th floor of Gewirz was crowded with Professor Eskridge brought enthusiasm to the first of his two talks last week delivered the keynote address at the professors and students. Professor Eid Dinner. He began by greeting the Eskridge taught at the Law Center treatment of sexual and gender minori- intensive research was to determine audience with peace, then went on to from 1987-98 but returned to his alma ties. For students not entirely up-to- what and how the court decides when describe his own personal background mater to become the John A. Garver date on Supreme Court deference to it faces cases where an agency has and history that ultimately led him to Professor of Jurisprudence at Yale Law agencies, Prof. Eskridge's charismatic interpreted a federal statute. become an active member of both the School. He specializes his studies in and down-to-earth speaking style As a starting example, Professor film and interfaith communities. statutory interpretation and has enlivened the discussion of a complex Eskridge used John Ashcroft's fight to Kronemer, who was raised half- worked extensively on gay rights law. topic and in-depth research project. bar "assisted suicide" under the Christian and half-Jewish, recounted From 1990-95 he represented a gay cou- Professor Eskridge and his Controlled Substances Act (CSA). The the spiritual journey that ultimately led ple suing for recognition of their same- research assistant, Lauren Baer, have CSA, passed in 1970, made it a crime to him to become a Muslim. He reminded sex marriage and has also published a examined 1002 Supreme Court cases "possess or distribute addictive or psy- and encouraged the audience for the casebook, three monographs and where a federal agency interpreted a dozens of law review articles on state federal statute. The purpose of this See LECTURE, Page 4 See EID, Page 5 Bonfire heats up 1Ls’ Saturday evening DST means by Prashina Gagoomal, 1L Law Weekly sleepy days Most 1Ls' Saturday nights rarely involve being whisked away to for GULC Maryland, set free in the woods, and returned home several hours later. by Tiphanie Miller, 2L Yet more or less happened on Nov. 4 Law Weekly when the Student Ambassadors (SA) held a bonfire for 1Ls. Throughout Students across the Law Center the night, students responded posi- campus adjusted to the end of Daylight tively to the experience. They seemed Saving Time last week, at 2:00 a.m. last to agree that the social gathering was Sunday morning. Most took advantage essential not only to facilitate inter- of the extra hour that had been lost this mingling with people from other sec- past spring by decreasing their sleep tions, but also to escape the dreary debt, but many still felt that the slight confines of law school. benefit was not justified by the result, The journey began at around 7:00 especially considering the earlier onset p.m. on Saturday. Three buses picked of nightfall. up about 80 students outside Gewirz Daylight Saving Time is used most and transported them to Butler's frequently by countries in temperate Orchard, a quaint family farm locat- regions, often touted by governments as

ed in Germantown, MD. The bus ride photo by Owen Kopon, 1L an energy conservation measure during itself was reminiscent of elementary First years kept their friendships warm at Saturday night’s bonfire in Maryland the summer months. In fact, it is referred school field trips, with students nation, however, was a far cry from a enjoy a fire, s’mores and kegs. to by European countries as "summer squirming in their seats throughout petting zoo; rather, it consisted of an time," so that Ireland experiences Irish the forty-five minute drive. The desti- open field where students could See BONFIRE, Page 3 See DST, Page 7

Election Updates and State Georgetown Football Project Runway Ballot Measures Wins Homecoming Tragedy Page 4 Page 8 Page 11 PAGE 2 GEORGETOWN LAW WEEKLY EEVVEENNTTSS TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 BriefsBriefsBriefsBrief Four Sudoku puzzles Fill in the grids so that every row, every column and every BriefsBriefs!BriefsBrief 3x3 box contains the digits 1 through 9 with no repeats.

Basketball Ticket Sales Considering Vegetarianism?

Hoyas Basketball vs. Hartford: The Student Animal Legal on sale this week! Tickets are avail- Defense Fund and the able for the first game of the season - Environmental Law Society invite Saturday, Nov. 11 at 12 noon at the you to a lunch discussion: "Cage Verizon Center. Tickets are $17 each Free, Organic, Vegetarian: What's it for excellent front row seats in all mean? The environmental, Section 107. Stop by McDonough health, and animal welfare impacts Room 171 to purchase yours today! of eating." Paul Shapiro, Director of Tickets will be available for Hoyas the Humane Society of the United Basketball vs. Ball State on Monday, States' Factory Farming Campaign, Nov. 27 at 7:30 p.m. at the Verizon will be speaking on Thursday, Nov. Center,starting on Nov. 13. Excellent 9 at 12:15 p.m. in McDonough Room seats are available. On sale starting 164. Lunch will be served, including Nov. 15, tickets will be available for empanadas from Julia's Empanadas Hoyas Basketball vs. Oregon on and homemade vegan cookies. For Wednesday, Nov. 29 at 7:30 p.m. at more information, contact David at the Verizon Center. Excellent seats [email protected]. are available. Hoyas Basketball tick- ets are available for every home game. The Office of Student Affairs will be selling tickets to every 2006- Protecting the Environment, It's 2007 home Hoyas Basketball game. Kosher! All tickets will go on sale at least one week prior to each home game. Stop Please join the Jewish Law by McDonough Room 171 for more Student Association and the information. Environmental Law Society for a "Lunch and Learn" discussion on Solution on page 11 "Jewish Law and Environmental Protection" with moderator Rabbi ways you can make a positive Division by competing in the 2007 Ask an Administrator Yosef Edelstein on Monday, Nov. 13 impact on Mental Health Rights. The William W. Greenhalgh Mock Trial at 12:30 p.m. in Hotung 5027. A event will take place on Wednesday, Competition. Buy your case packet Ever wonder who does what kosher lunch will be provided. RSVP Nov. 15, from 4:00 p.m. to 5:00 p.m. at the tables by the Chapel for only around here? Who can help replace to [email protected]. in Hotung 2000, and refreshments $20; only one week of packet sales! a lost locker key? Who decides if a will be served. Please contact edwin- Packets can be purchased from class is offered pass/fail? On [email protected] with any questions. Monday, Nov. 13 to Tuesday, Nov. Wednesdays, from 12:30 p.m. - 1:30 14 from 11:00 a.m.to 7:00 p.m., and p.m., in the Market Café of Be Careful Out There… from Wednesday, Nov. 15 to McDonough, a different administra- Thursday, Nov. 16 from 11:00 a.m. tor will host a table in the Market The Center for Wellness Promotion Global Warming in the Courts to 4:00 p.m. The Greenhalgh Café each week to answer students' recently sponsored a safety aware- Competition is from Jan. 19 to Jan. questions. Stop by for a cookie and ness/self defense program address- This Friday, Nov. 10, from 9:30 a.m. 21, so buy now, compete later! E- chat. This month, on Nov. 8, ing such issues as personal security, to 12:00 noon in Hotung 2000, the mail [email protected] Katherine Hall, Assistant Dean of how to avoid and anticipate prob- Georgetown Environmental Law & for more information. Students will be available, John lems, safety while in transit, sexual Policy Institute will be hosting a Stephens, Director of LL.M. assault avoidance, protecting your symposium event on "Global Academic Services is scheduled for home and personal identity. Tactical Warming in the Courts: An Nov. 15 and Denise Steeley, Security Training owner and lead Overview of Current Litigation and Shabbat Clusters! Registrar, will be at the Café on Nov. instructor, Donald Jones, educated Common Legal Issues" to coincide 29. us on these issues. In today's world, with its release of a report about the Mark your calendars! The Shabbat no one is completely immune to global warming lawsuits currently Clusters are back, on Friday, Nov. crime. We've invited Donald back to on the dockets of the federal and 10. Locations and exact times have show us some basic techniques to state courts. The first panel will yet to be determinedbut if you're Drug Policy Conference use when presented with physical examine Massachusetts v. EPA, the interested, just tell JLSA your name, confrontation. Just knowing how to upcoming U.S. Supreme Court case your class year, whether you'd like Just Say Know! The Students for break from a hold could possibly involving global warming and the to host a Shabbat dinner, or just Sensible Drug Policy International save your life. We urge you to join Clean Air Act. The second panel will attend one, what sort of religious Conference is just around the corner. us on Tuesday, Nov. 7, at 12:00 noon explore current and potential experience you're looking for and Hundreds of students from all over on Gewirz 12 as we explore these sources of global warming litigation, any kosher or other dietary require- the country will be convening at the self defense tactics. For more infor- including common law nuisance ments you might have. Don't miss Law Center for the conference, Nov. mation, contact Karen Pierce in the doctrine, the National out again! E-mail [email protected] 17 through 19. There will be many Center for Wellness Promotion at Environmental Policy Act, federal town.edu. incredible speakers, including Terry [email protected]. preemption doctrine and corporate Michael, former press secretary for liability. Those interested in attend- the Democratic National Committee, ing should contact Kara Tershel at Billy Murphy, former judge and [email protected]. Deadline to Drop a Spring 2006 renowned criminal defense attorney, Mental Health Rights Ethan Nadelmann, Drug Policy Clinic Alliance and our very own Carmack Do you care about Mental Health Students who were selected to Waterhouse Professor of Legal Rights? Curious about how you can Mock Trial! Theory Randy Barnett. Please visit take a clinic during the spring 2007 use your law degree to make a dif- semester and who wish to drop the ssdp.org/conference for more informa- Attention 1Ls, 1Es, 2Ls, 2Es, and ference? Join Georgetown Law course must inform the clinic direc- tion. 3Es: Do you drop the phrase "let the Active Minds as it presents Karen tor in writing of their intention to record reflect" into arguments with Bower, the senior staff attorney for drop no later than 5:00 p.m., Friday, your classmates? Do you fantasize the Bazelon Center for Mental Nov. 10, 2006. After Nov. 10, profes- about being on Law & Order? Health Law. Karen will be talking sor permission is required for with- Then don't miss your one chance about the Bazelon Center for Mental drawal from a spring semester clin- this year to win a spot on the Health Law, her current litigation on ic. campus mental health issues and Barristers' Council Trial Advocacy TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 NNEEWWSS GEORGETOWN LAW WEEKLY PAGE 3 First-years don’t regret flames in Maryland night moments throughout the evening. At planning the bonfire about a month BONFIRE from page 1 one point, an isolated firework burst ago, and was pleased with the results. Though students had a hard time Festivities commenced shortly into the air, followed about half and One of the organizers, Jacqueline describing the bonfire as it was not after the event's organizers set out a hour later by another one. Though the Smith, 1L, said that "even though [it] quite a camping trip and not exactly a spread of bonfire-appropriate food: firework "display" was not sponsored happened a little bit later on in the "middle school dance party," they pretzels, chips, marshmallows, gra- by the Student Ambassadors, it added semester, we wanted to have an event appreciated the intent behind it. The ham crackers, chocolate, soda, and a fanciful quality to the night. Tori to bring the 1Ls together." "Overall," event gave 1Ls a chance to escape beer. Some students were surprised Andrea, 1L, said that fireworks essen- she added, "I think it was a success." from the concrete jungle and the patch that "real" food was not provided, but tially made her evening, "I love [fire- Some students agreed openly with her of "safe grass" on our campus and were nonetheless satisfied by the two works]…I screamed like a little girl assessment. Caitlin Kilroy, 1L, enthu- commune with nature and one anoth- roaring fires and growing camaraderie when I saw them." siastically affirmed that "it was the er. among the 1Ls. Leah Witters, 1L, com- An eclectic selection of music, best bonfire I've been to." Another stu- mented that the bonfire was like "a which wafted in the background, com- dent, Pablo Kapusta, 1L, said that it Due to an editorial mistake, Prashina continuing orientation event." Indeed, pleted the evening. One student was a "good bonding experience." The Gagoomal, 1L, Law Weekly, was not iden- students found ample opportunity to remarked that as the social event Social Committee will hold another 1L tified as the author of last week's article on bridge the "section divide" and talk to began it vaguely reminded him of a event next spring. the "World of Choices" event. people whom they do not see on a "middle school dance party." As one daily basis. 1Ls shared stories about could have expected, the bonfire the quirkiness of their professors and ended with a classic Journey song new developments in each section. ("Faithfully") playing as students Section 1's fashion blog, for example, gradually got ready to leave the rural was a frequent topic of conversation. landscape. A student, preferring to The cool, crisp evening, moreover, remain anonymous, said that the night provided a good atmosphere in which "would have been better if they had to perfect s’more-making skills and square dancing." enjoy the warmth of the fire. Anya The buses promptly departed the Prince, 1L however, leaned a little too bonfire site at 10:15 p.m. Students close to the fire and was told she was faced an equally treacherous and long "smoking." What would otherwise return trip as their buses traveled have seemed a compliment was actu- through the dark roads of rural ally a warning that her shoe was on Maryland. As they headed toward the fire. "Aside from the fire melting the city or "cement playground," as one rubber on my shoe," she said, "I had a student put it, the realization set in really good time…it was nice to get that law school awaited them. Pat away from campus." Walling, 1L summed up the night in three words: "hot, sticky, and sexy." Despite the near safety hazard or photo by Owen Kapon, 1L two, there were some magical The SA Social Committee started A cold night did not keep students away from the wilderness of Maryland Sister Parachini discusses the women in the Bible by Keith Parsons, 3L happen to either a man or a woman, Parachini proceeded to launch into Finally, the discussion turned to Law Weekly in the cultures that passed down a discussion of various strong Mary of Magdela, or Mary Biblical stories men's views were women portrayed in the Bible. First Magdeline. Mary has become some- On Tuesday, Oct. 31 nearly a usually emphasized both at the oral she spoke about Hagar, who was what high profile since the recent dozen people met in McDonough and the written stages of the devel- Sarah's Egyptian slave, and who release of the Da Vinci Code and the Room 492 for the second installment opment of Biblical texts. This is was the mother of Ishmael by movie based on it. However, she has of the ongoing series on feminist because of the patriarchal structure Abraham. Traditionally, Ishmael is always been seen as a key female theology put on by the university of the Jewish and early Christian the father of Arabs, while Isaac, character by feminist scholars. She and Law Center chaplains. During groups that dealt with the stories. Abraham's son by his wife Sarah, is is the only person who is at the foot this meeting, Sister Parachini took Furthermore, the official canoniza- the father of the Jewish race. of Jesus' cross in all four gospels. the lead on the topic of women from tion methods emphasize male lead- Feminists note that Hagar is the first Furthermore, she is the first to see the Bible and their portrayal. ership, especially because the woman in the scripture to have a Jesus raised from the dead. Most She started by asking those in church hierarchy itself is almost messenger of God appear directly to scholars agree that she was not a attendance to give a moment of exclusively male. On all of these her, and also sometimes read her prostitute, as is popularly believed. silence, after which she asked them levels, stories that may originally flight into the wilderness as freeing She is never mentioned as such in to name women they knew from the have elevated women and treated herself from the patriarchal power the Bible, and the rumor was appar- Bible and to tell a little about their them in a more revered way can structures of Abraham and his ently started by Pope Gregory in stories. The audience named become compromised. camp. order to promote a model of peni- women such as Ruth, Esther, Mary Among feminist critics there are Then Sister Parachini talked tence. Magdeline, Hagar, Deborah and generally three schools of thought. about Ruth, the Moabite woman Due to time constraints, the dis- others. The first are the reformist Christian who followed her Jewish mother-in- cussion of these powerful Biblical She then continued with a broad feminists. These groups generally law, Naomi, back to Israel and females was somewhat cursory, and discussion of feminist hermeneutics do not question the Biblical texts ended up becoming the great- intended more to whet students' and the formation and selection of themselves, but push for less gender grandmother of King David. Ruth is appetites than to serve as a compre- the Bible as we know it. There are bias and greater participation by notable for her strong support of hensive discussion. Throughout the four distinct stages of scriptural women in the church without Naomi. The Book of Ruth notes that talk, Sister Parachini recommended development. The first involves directly criticizing the text. The sec- she was more able to support books by leading feminists scholars, some first-person insight into the ond are called reconstructionist Naomi than any of Naomi's several including Sarah Snyders, who divine-human relationship, be it the Christian feminists. They focus sons. This was a very unusual situa- coined the phrase "two men and a appearance of God as a burning more attention on the development tion at the time, and the close bond bird" that was referenced in the pre- bush, a dream, or simply just of the texts, and are wary of patriar- formed by Ruth and Naomi was vious feminist theology talk several insight given to an individual. chal influences that may have per- equally unheard of. This bucking of weeks ago. In addition she recom- Secondly, this insight is passed meated the scriptures. They use this cultural norms makes Ruth also a mended Introducing Feminist down orally through several gener- criticism of the texts to support the model for feminist Christian schol- Theology by Anne Clifford, and the ations. Third, the stories are written liberation of women and other ars. Women's Bible Commentary, a book down, during which process the oppressed groups. Sister Parachini Third, Sister Parachini dis- published recently to celebrate the author imputes his or her (but pri- considers herself to be a reconstruc- cussed the un-named samaritan publishing of the Women's Bible by marily in the case of the Bible, his) tionist. The members of the third woman from the Gospel of John. civil rights advocate Elizabeth Cady own opinions and viewpoints into group are the revolutionary femi- She mentioned how John, although Stanton. the text. Fourth, the church, in a nists. These groups tend to reject the criticized by some for anti- There will be two more talks on complicated and technical process Hebrew and Christian scriptures Semitism, is a very inclusive gospel feminist theology in late January or selects certain books to be the entirely due to their gender bias, in terms of men and women. The early February. They will focus first Canonical scriptures which are and focus more on the celebration of samaritan woman does not vary on four great feminist mystics, and viewed as God's inspired word. women and Goddess traditions. from this model. She is portrayed as also on several great feminist Feminist critics attack almost With the background informa- intelligent, knowledgeable, a good Catholics. every stage of this development. tion firmly established, Sister teacher and a model disciple. While the first stage revelation can PAGE 4 GEORGETOWN LAW WEEKLY NNEEWWSS TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 More than just candidates on the ballot in elections by Brianne Kennedy Most notable, however, is the strong hiring will continue or not. multiple, differing proposals for Law Weekly role that the war in Iraq has played in Four controversial measures are on expanding those states' anti-smoking this year's election, with Reuters report- the ballot in Arizona, including one that laws. Today is Election Day across the ing that "Republicans and Democrats would make English the state's official Finally, one of the ballot issues that country and, with both the House and hammered each other over Iraq's future language and another that would bar has received the most publicity in recent Senate majorities in potential flux and on Sunday, as candidates launched a illegal immigrants from receiving puni- weeks due to the involvement of actor the war in Iraq taking center stage, all frantic late push for votes and polls tive damages in lawsuits. Michael J. Fox, who suffers from signs point to it being one of the most showed some key races tightening." Possession of up to one ounce of Parkinson's disease, is stem cell nail-biting elections in recent memory. Senate Democratic leader Harry marijuana may become legal in research, which a Missouri ballot meas- Many Democrats are optimistic that Reid of Nevada's comments in the same Colorado and Nevada if voters there ure would allow to occur within the increasing opposition to war in Iraq, Reuters article echoed what has been approve related ballot measures, and state, even when it involves the use of decreasing approval ratings for repeated by Democratic candidates South Dakotans will decide whether to human embryos. President Bush and the scandals that across the country for months. "The legalize medical marijuana. have plagued the Republican Party in Iraqis have traded a dictator for chaos. Arizona, Colorado, Missouri, Voter Turnout recent months, particularly the sex scan- Neither option is acceptable, especially Montana, Nevada and Ohio are all In the end, though it may be getting dal related to former Congressman when it is our troops that are caught in states where voters must decide voters to the polls that will be the most Mark Foley, will go a long way in help- the middle," he said. whether to raise the minimum wage, the critical task for both parties as, accord- ing them win back the majority in the The polls close this evening at dif- federal minimum for which is currently ing to the AP, only about 40 percent of House of Representatives and possibly ferent times across the country, but it $5.15 per hour. eligible U.S. voters cast ballots in "non- even in the Senate as well. could be well into the day tomorrow Political reform is also a hot ballot presidential year elections." Chairman of the Democratic before final results are known in many topic, as Colorado's ballot includes a One state, Arizona, even has put a Congressional Campaign Committee, of the country's key races. measure that would ban gifts from lob- measure on its ballot that would allow Rep. Rahm Emamuel (D-IL) told the byists to public officials, a California one randomly selected Arizona voter in Washington Post on Sunday, "I'm play- Ballot Measures measure would provide for a switch to future elections to be awarded a $1 mil- ing defense in one or two districts and Even without the races to control public financing of campaigns and lion prize. offense in 46. I like those odds. I'd rather the House and Senate, this election Rhode Island's ballot includes a meas- Director of the Center for the Study be us than them." could be considered a divisive and criti- ure that would restore voting rights to of the American Electorate at American Still, the Republicans feel confident cal one across the country, as many state felons who are out of prison and on pro- University Curtis Gans has been study- that they will retain majority control. ballot items address controversial sub- bation or parole. ing the reasons why Americans vote at Despite strong evidence that Democrats jects like abortion and same-sex mar- Following a major Supreme Court such low rates. He says that procedure will make major gains across the coun- riage. decision on a related issue, many states' and demographics are, perhaps surpris- try (at least 50 Republican seats are con- The AP reports that, "In all, there are voters will be considering ballot meas- ingly, not to blame, but that the real sidered to be in jeopardy today), 205 measures on the ballots in 37 states- ures related to property rights. Voters in problem is "lack of motivation." Republican National Committee at total topped only twice before," and 11 states could "bar the government Chairman Ken Mehlman told the that tens of millions of dollars have been from taking private property for anoth- Washington Post that "The Senate is in a spent by tobacco and oil companies er private use," the AP reports, and better place [to be won] than it was a alone in an effort to fight ballot meas- Arizona, California, Idaho and week ago," and, "I think that the House ures that limit smoking and a proposed Washington voters "could require state remains very competitive." oil-production tax on California's ballot. and local authorities to compensate But Republicans will be facing an In South Dakota, voters will be property owners if land-use regulations uphill battle even within their own faced with the option of passing a meas- lower their property's value. party. "There is some dissatisfaction in ure that would "ban virtually all abor- Same-sex marriage, which has seen all three parts of the Republican coali- tions", according to the AP, and much press in recent weeks, is on the tion, whether it is the social conserva- California and Oregon voters will be ballot in Arizona, Colorado, Idaho, tives who may be offended by the Foley determining whether parental consent South Carolina, South Dakota, matter and how it was handled, or the laws will be passed that would affect Tennessee, Virginia and Wisconsin, all fiscal conservatives who are off the wall minors seeking abortions. The South states where voters will be considering because of spending and the increase in Dakota measure is designed as a possi- proposed amendments to their state's government spending. And you have ble "test case" to challenge Roe v. Wade. constitution that would ban it. the national security conservatives who Affirmative action is on the ballot in The issue of increasing tobacco want a plan to win the war," GOP strate- Michigan, where voters will be deciding taxes is on the ballot in California, photo courtesy House Democratic Leader’s Office gist Joe Gaylord told the Associated whether affirmative action programs in Missouri and South Dakota, and Rep. Nancy Pelosi (D-CA) will be Press (AP) on Sunday. university admissions and government Arizona and Ohio's ballots both include speaker if Dems take the House Ryan lecture well-administered by Yale professor rejected the agency's view because it Health and Human Services, had its interpretations and Thomas voting the LECTURE from Page 1 expanded the scope of Congress's law, own interpretation and would have other way around. Prof. Eskridge point- chotropic drugs," and it requires doctors especially because it expanded criminal been more appropriate as the decision ed to the middle group as those most to register before they can issue any liability and it "invaded traditional maker." "committed to the rule of law and neu- such drugs even for medical purposes. areas of state regulation." Professor The final part of Prof. Eskridge's trality while showing respect for agency In 1994 Oregon enacted the Death with Eskridge referred to the continuum of study looked at the ideological voting of input." At the same time, he points out Dignity Act (DWDA), authorizing doc- what level of deference the court will Supreme Court Justices. Prof. Eskridge that these cases are the hardest, so an tors to administer lethal drugs to termi- use and when they will use it. Ashcroft separated the justices into three cate- ideological split is expected. nally-ill patients. In 1998 Senator was asking for either Seminole Rock or gories ranging from most to least defer- Prof. Eskridge's main recommenda- Ashcroft requested that the DOJ declare Chevron deference but the court ential and then showed how they voted tions from the results so far included that the DWDA was not allowed under applied Skidmore deference where, when the agency interpretation was lib- "tightening the Court's definition of the the CSA. Then-Attorney General Janet according to Prof. Eskridge, "the eral and conservative. Justices Burger, Chevron framework" so that Chevron Reno refused. In 2000, when Ashcroft agency's interpretive rules and manuals White, and Powell came out as the most deference is only given when "Congress was appointed Attorney General, he are seriously considered, especially deferential. Rehnquist, Breyer, Souter, has clearly delegated lawmaking issued a Directive that interpreted the relating to issues of policy." The court Ginsberg, Kennedy, O'Connor, and authority to the agency and the agency CSA as barring assisted suicide, pre- will choose Chevron deference "if the Scalia all were in the middle group but is acting under that authority." Once the empting the Oregon's DWDA. First, agency interpretation is pursuant to with some clear difference in voting court has determined the agency has the Ashcroft argued that the Directive Congressional delegation of lawmaking along ideological lines. Rehnquist had authority, the court should defer to the deserved super-deference (known as authority" but will likely choose the highest difference, showing about agency unless it is irrational or arbitrary Seminole Rock deference), which the Skidmore deference if the interpretation 20% higher deference for conservative according to the statutory text, legisla- Supreme Court uses when agencies are is not. interpretations than liberal ones. Similar tive history and goals. To lessen ideo- interpreting their own rules. Secondly, Eskridge concluded that Skidmore and somewhat expected results showed logical voting Prof. Eskridge supports Ashcroft said he at least deserves a is the most used level of deference and Ginsberg favoring liberal interpreta- an "information-forcing approach to high-degree of deference (called two major factors considered are tions. Scalia's numbers came out pretty Skidmore to refocus statutory interpre- Chevron) that the court gives when whether the agency's view has been close with only an 8% difference tation on ground-level factual conse- Congress hasn't directly addressed the publicly articulated with "public feed- between his deference for liberal and quences and less on ideological issue and the agency interpretation is back" and the subject matter. Ekridge conservative interpretations. Finally, debates." Professor Eskridge and his "reasonable." Thirdly, Ashcroft said the says the Ashcroft Directive was basical- the least deferential crowd included assistant continue their study but he CSA itself banned using drugs for ly doomed because it "expanded crimi- Blackmun, Thomas, Stevens, Marshall expressed his hope of publishing in the assisted suicide because it was not in the nal liability, the agency allowed little or and Brennan, with the latter three defer- Georgetown Law Journal when his "public interest." Eskridge said the court no public input, and another agency, ring significantly more often on liberal research is complete. TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 NNEEWWSS GEORGETOWN LAW WEEKLY PAGE 5 Eskridge encore tackles future of same-sex marriage by Brian Corcoran, 1L Eskridge considers Hawaii's ini- undermine the traditional under- dren: "this is not a phenomenon that Law Weekly tial steps towards recognizing gay standing of marriage. the law can legitimately ignore." marriage a sort of false start, however, In his books, Eskridge has tried to Still, Eskridge doesn't see any The recent New Jersey Supreme in that they ended up inspiring the show how the flaws in each of these magic solution in the near future. Court decision Lewis vs. Harris marks anti-gay marriage measures that arguments by appealing to empirical "Leaving aside such relatively simple a turning point in the dialogue about swept the country during the Clinton data. In Denmark, there is a social concerns as bigotry, there are many gay marriage, Professor William N. era. "Of course," he noted wryly, "this experiment with seventeen years of sensible people with distinguished Eskridge, Jr., told a crowd of 80 last also led to the delicious irony that the hard data, and the other Scandinavian moral traditions on both sides, and we Thursday in a lecture co-sponsored by nation's three most famous adulterers countries are not so far behind. "If the need a long period of dialogue to OUTLAW and the American - Clinton, Gingrich, and Dole - were all Clinton/Posnerian arguments were resolve this: it's not a good idea simply Constitution Society. Rather than see- fighting over who was most anti-gay true," said Eskridge, "you'd expect to to declare one side the winner and the ing the issue of marriage as a bright marriage." see some serious marriage-related other the loser, especially on a nation- line, Eskridge believes that, "We're Next the discussion turned to a problems popping up in these coun- al level." He reminded the audience moving closer now to a menu history of anti-gay marriage rhetoric. tries." that the Supreme Court didn't object approach to marriage, one where we The conservative argument used to be For example, Denmark's marriage to racial discrimination in marriage have all sorts of ways of affirming our a simple semantic one, based upon the rate, before they recognized gay mar- laws until thirteen years after Brown commitment to one another." idea that gays cannot marry each other riage in 1989, had been sliding for a v. Board, and that real change came Eskridge is a former professor at because marriage is, by definition, generation. The divorce rate was soar- slowly, on the state level. the Law Center and is currently the between a man and a woman. ing, as was the number of children Maybe the answer is to bargain, to John A. Garver Professor of Although some politicians still use this born out of wedlock. In short, they ask each group what they care about Jurisprudence at Yale Law School. He argument, it started to lose adherents were a country much like us, and con- most, Eskridge proposed. "Gays and is the author of Gaylaw: Challenging once countries like Denmark recog- servative theorists expected to see lesbians, in many cases, don't care as Apartheid of the Closet and Gay nized gay marriage and the world did- these rates get even worse after the much about the term marriage. What Marriage: For Better or for Worse? with n't come to an end. law's enactment: the numbers would they want most is the respect that the Darren Spedale. His books, mono- Eskridge noted that the argument no longer slide, but plummet. law gives when it recognizes the obli- graphs and law review articles formed that supplanted the semantic one in "Well," said Eskridge, "you can gations and binding ties of marriage, the basis for his amicus brief which the cultural consciousness was the guess that we wouldn't have written and recognizes that a gay promise is informed much of the analysis in "slippery slope" argument: today we the book if that was what had hap- just as valuable as a straight one." Lawrence vs. Texas (2003). allow gay marriage, tomorrow, incest, pened." Researchers found that, after Conservatives, on the other hand, Eskridge began his talk by noting and by Friday, "Judge Posner can decades of falling, the marriage rate might well accept gay partnerships as that, although the New Jersey decision marry his cat." This argument is losing actually began going up, and the long as they can retain the religious has been a boost for the gay rights ground out of overuse and over-sim- divorce rate started going down. The tenor of the word marriage. movement in many ways, the stakes plicity. number of children born out of wed- Whatever the strategy used, are still high. "The Virginia statute that One of the most persistent argu- lock leveled off and has even started Eskridge says, he is not really worried might pass this year, for example, is ments is, in fact, Judge Posner's. getting better. about the overall movement, despite one of the most broadly written in Termed the "no promo homo" argu- This doesn't, of course, prove that small setbacks. The issue is clearly American history, and might even for- ment by its detractors like Eskridge, gay marriage is a social good - but it here to stay, and the discourse is get- bid the discretion of individual corpo- Posner's argument accepts that mar- does tend to hurt the traditional argu- ting more civil with each passing gen- rations to give civil partnership bene- riage is a social construction as so ments against gay marriage. In the eration. "What we really need to do," fits to their employees." deserves no special pedestal. He New Jersey case, Eskridge pointed he finished by saying, "is to stop mak- He then laid out a timeline delin- believes, however, that as a policy out, "what we are seeing is the tacit ing this about mudslinging and to eating when various states and coun- issue, heterosexuality is clearly better admission that there really aren't any start having a discussion about how tries had legislated some form of gay and so we should promote straight good arguments left against gay mar- best we can foster positive civic marriage. Denmark was the first coun- marriage by steering clear of gay mar- riage that can stand up in a neutral tri- virtues by encouraging people to real- try in the western world to recognize riage. Clinton's policy argument was bunal." Moreover, there are now hun- ly commit to each other's well-being some form of gay marriage in 1989, similar, claiming that children would dreds of thousands of same-sex cou- on every level." followed by Hawaii in 1993. bear the brunt of any attempt to ples living together and raising chil- Speaker emphasizes understanding in Eid talk event was best described as joyous and interesting way of discussing Islam. important values and we do not neces- EID from Page 1 many thought it lived up to its billing Laura El-Sabaawi, 1L, Seema Ahmad, sarily get an opportunity to see these need for interfaith dialogue and discus- as the MLSA equivalent of Barrister's 1L, and Waffiyah Mian, 1L, took care of day to day in the classroom. It is impor- sion in this country and noted that the Ball. Most attendees followed the dress decorating for the event. tant that we have events like this so that biggest misunderstandings of faith code and were in their "Eid Best," Many of the 1Ls in attendence we can learn to respect each other's val- come from a simple lack of knowledge including tuxedos, sherwanis, thobes, expressed appreciation for the event ues, traditions, and beliefs." or understanding of each other’s sym- shalwar kamizes, saris, suits, and and thought it was an integral part of The evening's event was supported bols and practices. He hoped that as a dresses. the law school experience. Daniel by numerous sponsors and affiliates, documentary filmmaker he could help The program was organized Goldman, 1L, was particularly including the Campus Ministry, the this country understand the traditions almost solely by MLSA's Executive impressed, "I always think that inter- Office of the Dean, the Office of Student and symbols affiliated with being a Board. Muizz Rafique, 2L, was the chief faith events are a great way of bringing Affairs, the Student Bar Association, Muslim. planner as president of MLSA. He people together and exposing them to the Department of Public Safety, the The audience was fortunate to wit- addressed the audience near the begin- different traditions. This was a terrific Audio/Visual Department and Ravi ness two short clips from upcoming ning of the event and made everyone way of doing that," he said. Kabob. movies that will air on PBS next year. welcome with his greeting. Rafique Goldman added that he liked the The first clip was from "Muslim Spain", was please with the event, and said, interfaith outreach aspects of this year's Editor's Note: Muizz Rafique, 2L, con- a documentary on how three great tra- "The festive atmosphere and the vari- event, saying, "I think that openness, tributed the account of the speaker to this ditions thrived and flourished and ulti- ety of schools, faiths, and backgrounds religious diversity and tolerance are article. mately faltered in Medieval Spain and represented at the Dinner combined to what lessons we can learn and apply to produce what I believe is a truly unique our current context. The second clip he event at the Law Center." The consen- showed was from Prince among Slaves, a sus amongst attendees was that it was a true story of an African Muslim Prince very successful and enjoyable event. whose kingdom was the size of the Jon Miles, 2L, as vice president of thirteen colonies combined and who MLSA, also played an integral role in was brought to the Americas in the the organization and the execution of slave trade. He eventually emancipates the event. As the Master of himself after a lifetime living in slavery Ceremonies, he made sure the evening and brings himself and his family back went smoothly and kept the tone light to Africa. with jokes throughout the night. The multifaith and multicultural Ghazaly Imam, 2L, secretary of event drew a diverse crowd from many MLSA, took care of the administrative different walks of life to enjoy a feast tasks involving the RSVPs and the tech- prepared by Ravi Kabob, participate in nical setup of the pre-event. Irfan MLSA's program, and hear Kronemer's Murtaza, 3E, the Evening representa- talk on Islam and pluralism. The festive tive, brought in the speaker, who was photos by Zeeshan Hafeez, 2L appreciated by all for his humor and Students at the Eid dinner found time to chat with the featured speaker PAGE 6 GEORGETOWN LAW WEEKLY NNEEWWSS TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 Specter/Leahy competition: Brand talks confirmation by Sarah Hale, 2L ions and precedent from the nominee the judiciary committee requested neither of these events should have Law Weekly and read everything the nominee had documents from the nominees' time mattered in the confirmation deci- said about those writings and then at the Solicitor General's office, but sions, Brand suggested that the The Georgetown Law Federalist read what the media and that these requests were denied for humanizing effect both had for the Society hosted an event last week Congressmen had said about the fear that releasing them might chill nominees was powerful and likely a that discussed federal judicial confir- nominee's writings and his views on the speech of current lawyers in the benefit in their bids for confirmation. mations and brought Assistant the precedent. This information Solicitor General's office and com- Brand closed by saying that Attorney General Rachel Brand to served to better prepare the nominee promise the government's position in while some in politics have ques- campus. Although Brand serves for his confirmation hearings and active or future litigation. tioned whether confirmation hear- many duties in her capacity as also to enable Brand and her staff to As Brand finished her remarks ings are worthwhile, she believes Assistant Attorney General for Legal perform one of their other key tasks - about the process, before opening the that they still serve a key function. Policy, while on campus last week, communicating with the media. floor to a lively question and answer Much of the nomination process, she she spoke specifically about her role Brand noted that the confirma- session, she made several final obser- noted, consists of the media or of in the confirmation processes for tion process is made much more time vations on the process as a whole. politicians telling the public what the Supreme Court Justices John Roberts consuming and burdensome in the She noted the extent to which the nominee thinks or what he said, but and Samuel Alito. age of twenty four hour news sta- process felt like running a campaign, the confirmation hearings are a Brand discussed the four pri- tions and media attention. Part of the especially in that it became extremely chance for the nominees to speak for mary tasks to be done on the road to job of dealing with the media personal at times. She mentioned two themselves. In these hearings they judicial confirmation - preparing the involved reading every morsel of images from the confirmations that speak, of course, to the Congressmen, nominee for judicial confirmation information about the nominees and highlighted this point, images that but they also speak to the public, hearings; reading and understanding confirmation process that appeared those who followed the confirma- watching the now televised events. everything the nominee has written, in the media - from the Washington tions likely recall - John Roberts' son This direct communication with the and serving as an expert on the nom- Post and CNN to blogs published dancing in the background as his public is important and, in Brand's inee; interacting with the media; and online. By doing this, Brand and her father's nomination was announced estimation, allows confirmation hear- preparing documents for the nomi- staff were able to quickly correct and Samuel Alito's wife crying and ings to remain significant and worth- nations. These four tasks led to what errors that were being reported about leaving the room during her hus- while. Brand described as, "a lot of all- the nominees or about the process. band's confirmation hearings. While nighters". Brand noted that when errors were The first of these duties, prepar- found it generally wasn't the result of ing the nominee for judicial confir- malicious reporting, but rather of mation hearings, involves "mooting", good faith efforts by reporters to con- or doing practices runs, of the hear- dense a voluminous amount of infor- ings that are to come. Brand said that mation into one or two columns of each nominee did fifteen to sixteen news that was comprehensible by the moots, with each moot running near- layperson audiences. ly four hours. The purpose of the Another side of the task of deal- moots was not, Brand emphasized, to ing with the media was communicat- tell the nominees how to substantive- ing with them about major develop- ly respond to questions. Rather, the ments in the process. When a nomi- purpose was to prepare the nominees nation was announced or when a for the tone and demeanor of the major document was released for hearings and to ensure that they example, Brand's office generally were completely comfortable at the held a press briefing to inform the hearings. If questions commenting media of the particulars of the devel- negatively on the character of the opment and to answer questions. nominee are going to be asked, it is The fourth task that Brand dis- best that they appear first in moots to cussed was document collection and enable the nominees to remain calm review. The process involved collect- during their hearings. A substantial ing and reviewing thousands of doc- part of mooting, Brand said, is to, uments for each nominee and sub- "beat them up so much that when mitting them to the judiciary com- they go to the hearing they can stay mittee upon request. For Justice completely calm." Alito's confirmation, for instance, The second task Brand discussed Brand and her staff had to obtain in the confirmation process is read- copies of each opinion which Alito ing and understanding everything had written, as well as opinions that the nominee has written, and serving he did not personally write but were as an expert on the nominee. Brand rendered while he was on the court. photo by Marika Maris, 3L said that she and her staff read opin- She also noted that some members of Brand’s frank talk on the judicial confirmation process engaged the room. Finish line: midterm campaigns race to a close across U.S.

photos courtesy The Washington Post President Bush campaigned for Republican candidates in Iowa (left) while in Pennsylvania, Democrat Bob Casey met with supporters in his bid to oust two-term incumbent Rick Santorum. Both parties are gearing up for an extremely competitive midterm elections across the country today. TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 NNEEWWSS GEORGETOWN LAW WEEKLY PAGE 7 Students spell shorter days with a “Zzz” CrimeBlog by Ben Rubinstein, 2L relevant state legislation. However, governments often use adver- DST from page 1 Daylight Saving Time was extended tisements to change clocks as a time to Summer Time. Advocates argue that the in 1986 to begin on the first Sunday of remind the citizenry to check the batter- So funny it's dangerous. shift in time, one hour forward during April. The Energy Policy Act of 2005 will ies of their smoke detectors, which is the spring, summer and early fall extend, starting in 2007, Daylight Saving especially beneficial as the beginning of Off Campus months, permits a more efficient use of Time from the second Sunday in March the heating system in autumn leads to an At GWU, 5-0 is a no-go the sun's natural light resource, lowering to the first Sunday of November, allow- increase in household fires. (Saturday, Oct. 7): A female student the amount of electricity that is con- ing for a suggested 10,000 barrels of oil to States are permitted to pass state leg- began yelling at a student employee sumed. be saved, and permit trick-or-treaters an islation opting out of Daylight Saving in Thurston Hall when she was Of course, like many of life's finer extra hour of sunlight to commence their Time, but are not permitted to extend the denied access to the building because things, Daylight Saving Time originated candy-gathering efforts. However, the amount of time their state uses the sys- she did not have her student identifi- as a joke. A satirical letter sent to the edi- energy conservation estimates are based tem. At the end of the twentieth century, cation. She left the hall and went to tors of the Journal of Paris, written by on reports published by the Department state senators in Colorado, led by University Police headquarters to Benjamin Franklin in 1784, contains the of Energy in the seventies, reports the MaryAnne Tebedo, attempted to pass prove that she had ID, where officers first mention of the term. The first seri- Department no longer endorses. state legislation to extend Daylight promptly referred her to judicial serv- ous proposal of a Daylight Saving Time Many critics also doubt the general Saving Time year-round, to maintain the ices for failing to carry her ID card at was in William Willett's Waste of energy conserving capabilities of imple- energy conservation endeavor while not all times. No word on whether she Daylight, a pamphlet published in 1907, menting such a program. Since air con- requiring citizens to change their clocks proved her point, but it is almost cer- wherein he suggested removing 20 min- ditioning costs will increase in the sum- twice a year. Due to the federal legisla- tain that she felt dumb about it the utes from four consecutive Sundays. mertime as daylight hours increase, the tion, however, such legislation was next morning. Despite Willett's considerable lobbying, comparative savings in lighting costs are impermissible, and a bill to eliminate the British government declined to negligible, and the use of cars to enjoy Daylight Saving Time in Colorado did Still at GW, relocated to "P" implement his recommendation. the longer daylight hours also con- not escape committee in 2000. A move- street (Saturday, Oct. 14): A The German government was the tributes to an increased overall use of ment is growing in Alaska to rid the state University Police officer observed a first to put Daylight Saving Time into energy. In addition to the questionable of Daylight Saving Time, and, despite a male student urinating in the bushes practice after the First World War in benefits, critics cite various drawbacks. three week period in 1933, Hawaii has along 21st street. The officer informed 1916. The United States first adopted the The confusion in sleep schedules caused not implemented the program, while the student that public urination was practice in 1918, when it also established by the twice-yearly clock changing has Arizona has not experienced Daylight illegal and referred him to judicial time zones across the country. Daylight been correlated with slight increases in Saving Time since 1967. Daylight Saving services. No word on whether the Saving Time proved so unpopular dur- auto fatalities, and decreased productiv- Time is certainly not a global, or even officer also commented "urine trou- ing the seven months that it was imple- ity from sleep-deprived workers. A con- national, practice, but it does have signif- ble, son" to the young man. mented that it was repealed after siderable amount of effort must be spent icant practical effects on the majority of Congress overrode the Presidential veto in reminding the populace of the the American population, and even on Continuing at GW, don't call on of the repeal in 1919, and daylight time impending time changes, and thousands global actors who must interact with the me (Saturday, Oct. 21): A GW became a matter dealt with by state gov- people still end up arriving either an United States on its differential time employee told University Police that ernments. Daylight Saving Time was hour early or an hour late, inconvenienc- schedule regularly. a student had contacted her on her again adopted on the federal level in ing themselves and others. Farmers dis- Reactions at the Law Center were cell phone to complain about issues in 1942, as a year-round wartime measure like the system, since they are required to mixed. Oriana Heck, 2L, who has lived his room. Although the employee to conserve resources. After it was ended rise with the sun regardless of time, and in in Hawaii, and plans to return there told the student that he should not in 1945, the federal government did not they end up not being synchronized this summer, argues that having call the number again because it was address daylight time again until 1966, with the rest of their communities, Daylight Saving Time during only part for emergencies, the student called when the variety of state practices including school start times and broad- of the year is "antiquated, and obso- back, and was thus referred to judi- regarding Daylight Saving Time necessi- cast schedules. Some critics argue that lete...For [most] of us, it would be much cial services. It is unclear whether the tated standardizing legislation. The leg- Daylight Saving Time amounts simply more valuable to have an hour of day- student admitted his actions consti- islation required Daylight Saving Time to government paternalism, and waking light in the evening." However, Ryan tuted a "bad call," but he would do to begin on the last Sunday of April and and working times are matters of indi- Costello, 2L, has "no problem with the better to call one of GW's many co- continue until the last weekend of vidual choice, which should not be dic- current system. But Spring Forward Day eds next time he has a "problem in his October, and explicitly preempted all tated by artificial constraints on daylight. - that's the worst day of the year." room, wink." -Courtesy GW Hatchet

Elsewhere Clean Air Act enforcement debated Law student learns about by Jennifer Gaspar, 1L modifications at coal-burning power measurements was clearly determined unlawful congress: A 26 year-old Law Weekly plants. Environmental Defense and the by regulations in 1980. "If everything is student at William Mitchell College EPA argued that Duke Energy violated open to litigation, environmental protec- of Law in St. Paul, Minnesota, has The battle over enforcement of the the Clean Air Act by measuring NSR tion systematically loses," he said. been accused of pretending to be a Clean Air Act, at stake in Environmental emissions at an hourly rather than annu- Segal described Environmental Congressman so that he could obtain Defense v. Duke Energy, was brought to al rate. Defense's position as weakening pollu- visas for relatives in his native the Law Center last Wednesday follow- The outcome of the case may tion regulation by creating "perverse Cameroon, according to a federal ing oral arguments earlier the day in the depend on a jurisdictional provision in incentives," that ultimately undermine prosecutor. Supreme Court. The Georgetown the Clean Air Act requiring that chal- other regulatory systems such as trad- Njock "NJ" Eyong is charged with Environmental Law & Policy Institute, lenges to regulations be brought only in able emissions programs. impersonating a federal official, pos- the Supreme Court Institute and the the DC Circuit. The 4th Circuit ruled in John Walk, an attorney for the session of fraudulent visa documents Environmental Law Society sponsored favor of Duke, saying that emissions National Resources Defense Council and fraud by wire, according to an the panel, which featured representa- may be measured at an hourly rate. The who attended the panel, questioned Oct. 11 indictment in federal court for tives from both sides of the case. petitioners have argued that this ruling Duke Energy's claims that the NSR the District of Columbia. Eyong is Sean Donohue, a visiting professor was barred by this provision. measurement requirements were accused of impersonating Rep. at Washington & Lee Law School who Panelists took turns discussing their unclear. He "publicly challenge[d]" Duke Donald M. Payne (D-NJ), for whom argued Environmental Defense's case assessment of the jurisdictional and sub- Energy to turn over to a neutral arbiter he worked while he was in before the Court and Holly Gordon from stantive issues in the case and consid- documents that he claims they have Washington prior to law school. In the Stanford Law School Environmental ered the implications of questions asked shielded and that would provide evi- the summer of 2003, he used a signa- Law Clinic, who wrote an amicus brief by the Justices. Gordon said that she was dence of their clear understanding of the ture machine at the congressman's on behalf of Environmental Protection encouraged that Justice Breyer had regulations. office along with official stationary to Agency administrators, spoke on behalf asked whether the 4th Circuit's decision When asked to predict the case's demand that visas be issued. He also of the petitioners. Scott Segal of was hard to defend on jurisdictional outcome, panelists on both sides faxed documents from Washington to Bracewell & Giuliani, who filed an ami- grounds, while Brownell noted that expressed reserved confidence, but Berlin, Frankfurt and Cameroon. cus brief on behalf of the International Justice Kennedy's questions seemed to emphasized that the complexity of the Eyong was well-regarded at Brotherhood of Boilermaker and Bill imply that he felt that the jurisdictional case made it difficult to predict. Gordon William Mitchell, where has was Brownell of Hunton & Williams, the law provision would require courts to said, "The justices will realize that they president of the school's Student Bar firm representing Duke Energy, spoke enforce a rule that is contrary to law. have a legally invalidated regulation and Association. He was also involved for the respondents. John Echeverria, Panelists on both sides said that they 4th circuit shouldn't be upheld." with the school's Jewish Law Society. Director of the Georgetown were surprised to hear the court spend Donohue said that it was unlikely He gained the respect of his peers Environmental Law and Policy Institute, so much time discussing the merits that the Justices have yet come to a deci- though volunteer work, including a moderated the panel. rather than the jurisdictional issues. sion, given both the complexity of the summer trip to Darfur, and experi- The case deals with a dispute over Donohue emphasized the impor- merits and the jurisdictional component. ence which he shared with other stu- the measurement of so-called New tance of the jurisdictional question to A ruling on the case is expected early dents when he returned. Source Review (NSR) emissions, or clean air advocates. He said that the next year. -Courtesy KSTP-TV, increases in emissions that result from determination of annual emissions Minneapolis/St. Paul PAGE 8 GEORGETOWN LAW WEEKLY SSPPOORRTTSS TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 Hafeez Hoya Report - GU Football wins homecoming Zeeshan Hafeez, 2L an easy win. Foxes scored their second touch- offense blew a golden opportunity to Law Weekly Considering that the Hoyas down with 6:44 left in the first half. take over the game. Still, the Hoyas haven't lost a homecoming game in At this point the game had all the defense stayed strong and held This past Saturday, the lowly years, many fans were shocked to see aspects of college football, including Marist to a three and out. The Hoyas Marist Red Foxes of Metro Atlantic the performance. The away team the pageantry of a homecoming festi- offense returned and with a little Conference came to Washington to jumped to an early start on the val, but the players just did not show under 11 minutes to play in the game face off against the Georgetown Hoyas, coming up with a 10-play, 54- up and bring it. Quarterback Matt Bassvener com- Hoyas in the final home game of the yard opening drive, which ended in But following a penalty, the pleted a TD pass. Unfortunately for regular season for Georgetown. The a touchdown and put the Marist Red Hoyas returned the opening kickoff the Hoyas, they failed to convert the Hoyas came in to the game having Foxes ahead to start the game. of the second half almost the entire two-point conversion, leaving the only a third of the amount of wins as The Hoyas started very slowly length of the field, reawakening the score at 21-16. their opponent, which sat tied for and played a dismal first quarter, as sleeping fans and bringing back The Hoyas wanted to give their second at the top of their conference, they were unable to make any first many to refill the stadium as the final fans some excitement to end the sea- were expected to win easily regard- downs and only gained ten total half got underway. The offense took son and the game went to a photo less. yards. At one point, on fourth-and- over and scored within two minutes finish. The Hoyas finally took control one on the fifty-yard line, the Hoyas on a shovel pass, which cut the of the game and the lead on a 17-play fumbled the ball on an option play, Marist lead in half and gave the team 64-yard drive that took almost 6 min- turning the ball over to the opposing hope going in to the second half. utes off the clock. Bassvener scored squad. "I told them to get their butts in the TD pass with less than 2 minutes Despite allowing the two early gear," head coach Kevin Kelly said to play, and finished the game with 3 scores, it was the Hoyas defense was matter-of-factly. "We weren't mov- touchdowns. able to come up with big intercep- ing the ball and we weren't stopping Marist fought back in its 2- tions in the game. Despite losing two them. I told them I knew we were a minute drill, marching all the way fumbles, the Hoyas managed to rack better football team than what they back to midfield. However, the up three interceptions against the showed. We had to step our game up Hoyas defense sealed the deal on its Marist passing game. The first inter- and win it for our seniors." last and final interception of the ception put the team in some good The Hoyas then put together game, guaranteeing another victori- Photo courtesy of CSTV.com field position, but the offense could another impressive drive to start the ous homecoming for the home team. Charlie Houghton(23) dives for a score not get anything out of it, as it had second half going all the way into to The fans that attended, many of them in Georgetown’s 24-21 victory over some troubles getting started. their opponent's red zone and con- alums, went home happy again. Marist. The Hoyas were unable to verting a field goal with 9:24 remain- "In our meetings this morning, The Hoyas performance coming achieve anything offensively for the ing in the third. The Hoyas seemed we had talked about that in games in to the game (one win this season) stretch of the entire first half. The like they were on fire and were on you're going to have adversity and can best be described as disappoint- band played, the cheerleaders pace to catch their opponents, finally how you handle that adversity deter- ing. Some would take it further, but cheered, but the fans, many inebriat- performing as was expected after mines whether you win or lose. attending the homecoming game ed after the tailgating festivities what was probably an inspiring half Today, I think they learned that les- meant attending the game against could not get themselves in to the time talk from the old ball coach. son," said Kelly. "We didn't panic the team that the Georgetown game as hard as they tried. Many Yet the Hoyas stumbled. After and we knew we could win a football Athletic Director has designated as fans left at the half, emptying out the fumbling the ball on the six-yard line game with some adversity."" the worst team on the schedule and capacity home crowd after the Red of their opponents, the Hoyas

This week’s GU Law Center plays in softball tournament Sporting Events Adam Taylor, 1L by host Georgetown did not fare as in the fall tournament. Law Weekly well as hoped. Each bowed out in the Part of the reason for not stack- Men's Basketball group stage, and none won even a ing its teams is that every v. Hartford This past Sunday, more than single game, though only a small Georgetown team, therefore, has an Saturday, 12:00 p.m. sixty men and women from the Law minority of those losses were by equal chance to do well and offers @ Verizon Center, Washington, D.C. Center participated in the annual DC more than 4 runs. Although the Law every player a chance to play. Area Law School Softball Swimming & Diving Center's entries went a combined 0 Additionally, the fall tournament is Tournament. A total of ten teams for 8 on the day, Georgetown Law seen as a preseason event for the William & Mary Fall Invite took part in the tournament. Besides Saturday, 2:00 p.m. Softball Club president and tourna- Georgetown team. This is chance for the four from the Law Center, teams McCarthy Pool ment organizer Jon Luick, 3L was the team to see who plays well, and were also fielded by law schools from happy with the day. Said Luick, who plays well together. Such evalu- Football the University of Virginia, University "While Georgetown's on-field suc- ation is crucial to splitting the teams of Maryland, George Washington v. Lafayette cess left something to be desired, the as best as possible for the spring soft- Saturday, 12:30 p.m. University, American University and tournament was an overall success." ball tournament. Easton, Pa. the University of Baltimore. The first round of the tourna- One of the most difficult aspects Baltimore brought two teams, one of ment was formatted in four groups. of not stacking the softball teams is Women's Basketball which went on to win the day. The Each team was guaranteed two team cohesion. As in years past, the v. Towson championship game saw one of the morning games in group play. After lack of cohesion on the Georgetown Saturday, 3:00 p.m. sides sent by the University of group play, the teams with the best teams meant that they spent the first @ Washington, D.C. Baltimore beat the squad from the records advanced to the knockout game figuring out who would be University of Virginia to repeat as stage, playing in the single-elimina- playing which position and then get- tournament champions. tion afternoon bracket. Although no ting settled into Georgetown Law Sports As was the case last year, the Hoya teams advanced past the group The semifinals saw Virginia get stage, the final rounds of the tourna- past George Washington while Women’s Basketball Club ment certainly were not lacking in Baltimore-Blue defeated Maryland's Playoffs for the Lady Lawyas League excitement or energy. side. In the final, the men and women continue this week All of the teams, who participat- of Baltimore bested the orange-clad Wednesday, 8 p.m. ed in the tournament this weekend, Cavaliers by 10-7 to win the champi- @ Sport and Fitness Center with the exception of Georgetown onship for the second straight year. and the University of Virginia, had As is usually the case in tournament stacked their softball teams, provid- softball, defense was the key to victo- Hoya Lawya Runners ing them with a significant advan- ry for Baltimore, who was also Marathon Pizza Party tage over the Georgetown teams. helped by timely home runs. Thursday, 12:30 p.m. Stacking a softball team means that The tournament ends a success- @ 141 McDonough the players are ranked and the best ful fall season for the Law Center's Photo by Marika Maris, 3L All are welcome to come and talk Brendon DeMay, 3L, pitched a players are put on the first team, the Softball Club. Play will resume early about running and/or general superb game for Georgetown IV next best are placed on the second in the spring semester as the club fitness. (Pizza & fitness go hand-in- team and so on. While this is a tech- prepares for the National Law School hand). strong showing of interest at nique that Georgetown uses for the Softball Tournament, hosted by the No running experience necessary. Georgetown allowed the Hoyas to spring softball tournament at the University of Virginia, in field four teams for the tournament. University of Virginia, it is not used Charlottesville. Unfortunately, the four teams fielded TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 SSPPOORRTTSS GEORGETOWN LAW WEEKLY PAGE 9 Women’s IM basketball Harsha Rao is better than you Harsha Rao, 3L their front office. Thomas quickly Law Weekly turned the executive workplace into a tournament a success sexually charged environment where Meghan Fennelly, 2L lawyers city-wide to join in the com- Before the Chicago Bulls began he repeatedly sexually harassed his Guest Writer petition and bonding opportunities. their dominant run of championships employees. Anucha Browne Sanders, The League is currently seeking non- in the early 90's, they had to get past a former women's college basketball On Sunday, women lawyers from profit status and has spread to their hated rivals, the Detroit Pistons. star, sued, alleging severe and perva- all around the DC area convened in California, with new leagues in Led by Isiah Thomas, the Pistons were sive verbal sexual harassment in a the Sports and Fitness Center for a development in both San Francisco temporarily able to stop Michael lawsuit, spurring other employees to night of spirited basketball competi- and Los Angeles. Jordan by physically beating the heck come forth with their own stories of tion and networking opportunities. out of him and constantly double- misconduct. The federal agency Equal The "All-Star Break" featured eight teaming him. These tactics were Employment Opportunity teams of women lawyers playing 10- dubbed the "Jordan Rules," but Commission then decided to investi- minute, three-on-three games, as well Jordan's been retired for a few years, gate and found probable cause to as three-point, "pop-a-shot" and so it's time to institute a new set of believe a hostile work environment knockout shooting competitions. rules for the NBA's most destructive existed at Madison Square Garden. Of Several Georgetown Law players force: the Isiah "Thomas Rules." course, the Knicks decided to stand by cleaned up in the All Star Break com- 1. Assemble a strong portfolio of Thomas, I assume because of the way petition. 2Ls Erika Woods and failure: Operating in the largest media he built the Knicks into a perennial Natanyah Ganz led their 3-on-3 team market, the New York Knicks have contender in the lottery. But then to the night's title, while 2L Michen long been one of the NBA's flagship again, one of Sanders's claims was that Tah emerged with two straight franchises despite their recent inepti- Thomas told her he wanted more knockout competition victories. Photo by Leah McCoy, 2L tude. Yet the post-Patrick Ewing days home games at noon on Sundays so Newcomer Jenny Andersson won Georgetown alumnae Jen Schwab were a medley of mediocrity. Fielding takes a shot in a 3-on-3 game that opposing players would be hung both the three-point and pop-a-shot the worst team President in NBA his- over after a night of partying. I mean, contests. The basketball fever on campus tory in Scott Layden, the Knicks man- that's really been his best idea since The Get in the Game Lady has spread as well, with the Women's aged to do the unthinkable and taking control of the Knicks. Lawyers Basketball League hosted Basketball Club growing from a few replace him with somebody worse in the event as a way for its players to players scrimmaging with the guys, Isiah Thomas. See, Thomas had a stel- mix up their normal teams, meet new to nights of women-only pickup lar playing career. He was undersized women lawyers and recruit new every Sunday from 6 p.m. to 8 p.m., and underappreciated, but strung players for the League. regularly featuring a strong core of together one of the greatest careers in The League plays intense games twelve to fifteen current students and NBA history. Outside of the basketball every Wednesday night at the Sport alums. The Club also organizes inter- world, however, Thomas put together and Fitness Center and features a ested players to participate in compe- an impressive portfolio of failures. He team of Georgetown Law players titions, such as the League, and plans first failed at running the expansion from the on-campus Women's social events. The fun times had by Toronto Raptors. He then tried his Basketball Club. Other teams include all at the All-Star Break is a sign of hand as a commentator, becoming the players from George Washington more good things to come from the lead game analyst next to Bob Costas. Law, American Law, Hogan & But Thomas so mucked that up that Photo courtesy of the Associated Press partnership between the League and Isiah Thomas: worst human being ever? Hartson, Sidley Austin, Akin Gump the on-campus Club. NBC was forced to bring in Bill and a large variety of government The League Championship semi- Walton to refine Thomas's comments. 4. Hire a senile Larry Brown: I agencies and non-profit organiza- finals will be held this Wednesday When Bill Walton, quite possibly the suppose there are some redeeming tions. The League was started by two night, kicking off at 8 p.m. with the most ridiculous commentator in all of qualities to Isiah, mainly that his hand- Georgetown Law alums, Jen Schwab Team Georgetown team taking on sports is brought in to help you out, picked coach Larry Brown was actual- and Lindsay Amstutz, who saw the first-place Team "GW/Hogan" to see you know that you're bad. Thomas ly even worse than Thomas. Future strong on-campus interest in who will make it to the finals. then purchased the NBA-feeder Hall of Fame coach Brown delivered women's basketball and decided to league, the Continental Basketball one of the worst coaching performanc- create an organization for women Association (CBA), promising to take es in the history of all sports, and I'm them to new heights of success. Wait, including Tim Floyd in that mix. what's that, you haven't heard of the Brown first successfully managed to CBA in recent years? Yeah, that's antagonize all of his players, including because Thomas drove them into team captain Stephon Marbury (who's bankruptcy. After yet another failure no angel himself). Then, despite field- in coaching the Pacers, the Knicks ing one of the worst teams in the NBA, decided that Thomas was finally due Brown refused to play, let alone devel- for some success and tabbed him to op, any of his young players. Instead, become their new President of Brown demanded that the Knicks Basketball Operations. But Thomas acquire high priced, me-first veterans outsmarted New York by failing in an like Jalen Rose and Steve Francis. Yet even more spectacular fashion, show- perplexingly, Brown would only play ing that he was still the master of inep- his high-cost acquisitions for a week titude. before relegating them to the bench. It 2. Build the worst team in history: was almost as if he realized that there Isiah's failures with the Knicks have was no way he could win with the quickly become legendary. After a ter- Knicks before he died, so he attempted rible free agent signing in center to create the worst team in NBA histo- Jerome James (who now sits on the ry. Or he was senile - your choice. bench while collecting $6 million a 5. Lash out at random targets: year), Thomas haphazardly built the Isiah's long been an angry, angry little Knicks into a collection of undersized man. But he recently took his rage out shooting guards. There were scorers, on ESPN analyst and former New sure, but no one knew how to pass the York Knick Greg Anthony for ball. Further, in an attempt to get a Anthony's criticisms of the Knicks' dominant young center, Thomas trad- draft pick. Thomas first attacked ed two draft picks for the overweight Anthony's NBA playing skills to show and overrated Eddy Curry, who that he was a bad analyst (apparently responded by downgrading his play if you can't play the sport well you to Jerome James levels. Lacking any can't criticize someone who can) and defensive presence or ball movement, then ripped Anthony for attacking his the Knicks quickly disintegrated into old team (the Knicks), for betraying his the second worst team in the league organization. I guess Isiah's all about despite being the highest paid. that journalistic neutrality. But hey, if 3. Sexually harass women in the Isiah continues looking like an idiot, workplace: Thomas wasn't content in maybe he can distract the media from merely destroying the Knicks basket- how terrible the Knicks are. ball team; he also wanted to destroy PAGE 10 GEORGETOWN LAW WEEKLY FFEEAATTUURREESS TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 Neumeyer’s direct Shortbus: F*cking, by Christopher Neumeyer, 3L Will the Roberts Court overturn Roe vs. Law Weekly Wade? No. The country is divided enough on the issue, and the Court will Awesome be content to leave things where they by Keith Parsons, 3L action and blatantly sexual themes. In are, as Roe vs. Wade has become a rec- Law Weekly the end, as John Cameron Mitchell put ognized ruling for the last thirty years. It it in an early trailer, the movie isn't is more likely the court will keep putting What do a troubled homosexual about sex, it's about sexuality. The restrictions on the ruling. couple, a sex therapist who has never characters are tempted to explore had an orgasm and a costumed weirdo themselves and their relationships, not What is a book or author you recom- called "Dr. Donut" have in common? in a reckless or harmful way, but in a mend? Kurt Vonnegut's Welcome to the They are all members of the graphic poignant and sometimes almost pitiful Monkey House, a collection of short sto- and yet poignant cast of Shortbus, the attempt at self-realization. ries written forty years ago with themes most sexually explicit movie you'll Visually the movie is held together photo courtesy of Professor Michael Songer that still ring true today. ever see outside of that theatre you go by a unique technique of using what Professor Michael Songer to in the red light district. The inde- appears to be a craft-model of New Why did you come to Georgetown? pendent movie, which was written and York for all transition scenes. The sim- Back in '98 or '99, GULC was interested, directed by John Cameron Mitchell, plified appearance of the buildings as part of their IP project, in building up who also wrote and starred in Hedwig keeps the movie focused on the charac- internet law courses, and I had just liti- and the Angry Inch, is graphic to the ters, instead of sweeping panoramas of gated some domain name cases, like point of being unrated. the city, and also gives the entire film a with Exxon-Mobile, and I was teaching It is notable for featuring real, little more of an artsy feel. It is also a CLE courses already on technology and instead of simulated, sex, unlike most key element in the film's theme about the law, so it was a natural progression. movies. Even though the love scene how sexuality is more about connec- Professor Freed suggested I apply, and I between a hero and heroine may be tions than it is about individual feel- like teaching. steamy, most movies pan away, or ings, thoughts or desires. employ screens of curtains, sheets or Shortbus ends up being an excel- photo courtesy of Jeanette Quick, 3L shadows to keep the sexual activities Why don't more Americans vote? We Jeanette Quick, 3L lent date film. If your date isn't primed take our freedoms for granted. from being completely obvious. Not so for action after seeing an entire movie Why did you come to Georgetown? I with Shortbus, which revels in its of young nubile people getting it on in Is habeas corpus becoming a casualty of had never been outside of Simi Valley. explicit and honest portrayal of sex various combinations and permuta- the War on Terrorism? I thought Latin in and dysfunction in New York City. tions, you are probably not going to be law was already dead. No, habeas cor- Why don't more Americans vote? The action centers around an getting any action in the near future pus as applied by the Bush They are frustrated with the political ensemble of characters, all of whom anyway. At the same time, the film Administration is too drowned in poli- system and would rather watch televi- have their own sexual axes to grind, tends to be more mentally arousing tics. Everyone mentions habeas corpus sion… and I'm not running. and the underground salon that than it is physically titillating. The sex- now because of the current political sit- brings them together: Shortbus. There ual scenes are infused with enough uation, but few mention what Lincoln Is habeas corpus becoming a casualty of is the gay couple who is trying to empathy and drama that they aren't did and how Lincoln ignored the the War on Terrorism? Everything has decide if they should open up their strictly erotic. Most of the time the sex Supreme Court, and it is hard to see become a casualty of the War on relationship, the other gay man they doesn't get in the way of the personal how if a Democrat was president you Terrorism. meet at Shortbus and start to experi- relationships, and instead serves to would hear these things, as it is all polit- ment with, the voyeur who has been mirror, illuminate, and enhance the ical. Would you rather wake a sleeping dog watching them through his window, character development. or let a cat out of the bag? Let the cat out of the dominatrix who wants more out of Would you rather wake a sleeping dog the bag, because cats are fun. life, her sassy rich client who seems to or let a cat out of the bag? Let the dog want less and the aforementioned in- snooze. I would let the cat out of the bag. Should "gunners" be forced to hear orgasmic sex therapist and her hus- Dogs are too peaceful while they sleep. themselves played back on audio tape after band. lecture? Gunners should be forced to Through their interactions at Should "gunners" be forced to hear participate in the War on Terrorism. Shortbus and abroad, all attempt to themselves played back on audio tape after learn lessons about love, lust and other lecture? I don't know if I should answer Should animal shampoo be tested on forms of attraction while trying to that one as a professor. But I will say humans? Yes, on gunners. work the kinks out of their lives in "Yes." Everyone should be able to enjoy what is often a very kinky fashion. For the sound of their voice… Is "trial by combat" ever a good way to much of the cast this is their first film, settle legal disputes? It isn't the good way including PJ DeBoy as Jamie, Raphael Should animal shampoo be tested on or the right way but it happens all the Barker as Rob, the husband of the sex humans? Absolutely, what is good for time. therapist, and Jay Brannan as Ceth, the the goose is good for the gander, no pun homosexual man who makes the trou- intended…And, also, we should test bled gay couple into a threesome. Does low voter turnout indicate voters photo courtesy of Chud.com animal food on humans. are happy with the system or feel they have Other members of the cast, such as The ensemble cast blends togeth- no choice? It means they are really, really Sook-Yin Lee as Sofia, the sex thera- er to tell the story of Shortbus. Is "trial by combat" ever a good way to happy with the turnout and are surely pist, Paul Dawson as James, the settle legal disputes? All trials are already too busy making love and eating fine depressed member of the gay couple, At times there seems to be an necessarily trials by combat. cuisine to vote. and Peter Stickles as Caleb, the voyeur, excess of sex, or some sexual scenes have somewhat more extensive experi- feel unnecessary or overdone. At the Does low voter turnout indicate voters Would you rather have two extra hands ence, but are still not household same time, the very nature of the use of are happy with the system or feel they have or eyes in the back of your head? The eyes, names. sex in the film demands an uninhibited no choice? Neither, it just shows they are so I can stare at everyone all the time. Although the large number of portrayal of the act. After the hype lazy. characters and the intricate interweav- about real, as opposed to simulated If you could do pro bono work for a year, ing of their stories makes it hard to sex, it would seem false and manipula- Would you rather have two extra hands what would it be? I would represent peo- name any stand out performances, tive to have only the bare minimum or eyes in the back of your head? Eyes in the ple facing the death penalty. Dawson makes a particularly adept that was necessary to convey the rela- back of my head. I always want to be turn at James. And furthermore, you tionships involved. The excessive inti- aware of my environment. Would you rather have a taste of your have to give him props, not only for macy of a few scenes is a necessary, own medicine or walk in someone else's being able to self-fellate, but also doing and not altogether unpleasant price to If you could do pro bono work for a year, shoes? My medicine tastes sweet. it on film. Justin Bond also makes a pay for a movie that makes statements what would it be? I'd do what I already do compelling performance as the cross- not only about people's private sex a lot of now, which is Guardian Ad Will the Roberts Court overturn Roe vs. dressing manager of Shortbus, includ- lives, but also about how we as a soci- Litem work, where you are appointed Wade? No, Roe vs. Wade is firmly ing an interesting musical number ety view sex and sexuality. by the court to represent a child in a cus- entrenched in our nation's psyche. towards the end of the movie. In the end there are any number of tody dispute when both of the parents The relative inexperience of the reasons to go see Shortbus, ranging already are represented. What is a book or author you recom- cast doesn't work against the movie from shock value to getting your date mend? Easy Riders, Raging Bulls, by Peter however. In many ways it only helps all warmed up for a night of action, to Would you rather have a taste of your Biskind, which is about those two enhance the innocence and surprising serious intellectual discourse on the own medicine or walk in someone else's movies and how the sex, drugs, and naiveté of what at first glance seems to nature of human attraction. No matter shoes? Taste of my own medicine; new rock and roll generation saved be a very worldly production. The what your kink, however, Shortbus will shoes never fit. Hollywood. movie continues to surprise by avoid- give you what you need to get off. ing prurience, despite all the hardcore TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 FFEEAATTUURREESS GEORGETOWN LAW WEEKLY PAGE 11 Re-stitching a tragedy Restatement (First) of by Devin Cain, 1L testants. The early ousters were a Law Weekly pitiably limp bunch. The exception was Bradley, who, though not so tal- Fashion Reality television presents a num- ented, made many wonderful noises by Sarah Hale, 2L experience, though, the jumpsuit has ber of sticky issues for the avid viewer. and sounds. Project Runway ought to Law Weekly settled into its rightful place in fashion. Beyond the mere questions of first consider cutting down on the number That place is one of two locations - your principle - why spend so much time of episodes in a season. This, after all, Ch. 18: Giving Thanks couch and a classroom. With these watching this pap? - difficulties arise was the second full season this calen- jumpsuits comfort is attained while still when a show is only able to force a dar year. In admitting so many con- §1. Now that Halloween has come maintaining a relative level of style - rel- limited amount of words and actions testants - fifteen - the show runs the and gone we are on the fast track ative, that is, to the old grey cuffed on its characters. A crapshoot ensues: risk of having a sub-par designer slip toward Thanksgiving. Yes, that's right, sweats that previously passed for some of the characters may turn out to through the cracks should a genuinely Thanksgiving, not Christmas. You lounge wear. Thankful, we are, for the be great, but not a few are pretty lame. talented one falter in one challenge.. remember, Thanksgiving, that holiday death of the cuffed grey sweatpants and Kicking people off the show is a con- In addition to Michael, there were we used to care about before retailers the birth of the (relatively) fashionable venient way to mitigate this problem, three other contestants who seemed decided Christmas should start in June. jumpsuit. and it can be quite effective. With this destined to be finalists: relatively The Restatement has not forgotten in mind, we turn to the most difficult annoying eventual victor Jeffrey, self- Thanksgiving, though, and in honor of §4. Large Handbags. I lead a mod- question in the reality television uni- inflicted evictee Keith (he cheated), the impending day of thanks this chap- erately busy life and sometimes when I verse: why is the finale of Project and button-cute and skillful Alison. ter of the Restatement will give thanks leave my apartment in the morning I'm Runway never as good as the rest of The judges, inexplicably, axed Alison to fashion, for all that it has given us. not really sure where the day will take the season? in the sixth of eleven challenges (for an me. Often I leave with the best inten- In the competition subgenre, admittedly poor creation), leaving §2. Boots. Rain boots, high heel tions of spending the day in the library Project Runway has quickly ascended behind the utterly obnoxious Angela boots, fur-lined, lace-up, zip-side and and twenty minutes later I'm mysteri- to supremacy, largely because of the and the truly simply Vincent. One bad wedges - thank you, fashion, for giving ously on the yellow line on my way to strength of its premise. Designing choice, with so few actual contenders, us boots of every variety. Especially as Pentagon City for a day of shopping. clothes is a fairly easy process to weighs significantly against a show temperatures fall, thanks should be When I leave home, then, I need to take watch, and pretty clothes are readily that prides itself on rewarding real given for the boots that we love. Thanks a variety of items with me - a book, a digestible from a television screen. skills. True to form, Angela and to the tireless work of fashion designers highlighter or two, a wallet, an umbrel- Fashion designers tend to err toward Vincent combined to forge a lot of boots are no longer reserved for cow- la, sunglasses, keys, Metro card, debit the flamboyant, which makes for good unwatchable minutes and, a more boys and hikers, there is now a boot for card, Macy's card, … the list could go viewing, and in general the contest- unpardonable transgression, many practically every occasion. It would be on. The point is, all of this stuff isn't ants are actually talented to some hideous designs. disingenuous, though, to act as if boots going to fit into a small bag. In college degree. Last, the hosts (Heidi Klum Despite these possibly wayward have never done wrong. As we thank this meant throwing everything I and Tim Gunn) and judges (Michael trends, the four contestants, including fashion for boots, we also acknowledge owned into a backpack and setting off Kors and Nina Garcia) are by far the Michael, who advanced to the finale at the brief moment of insanity that for the day, but with my now well estab- most entertaining in this realm. Olympus Fashion Week appeared allowed UGGs. These boots were a par- lished derision for backpacks large It would seem, then, that as the capable of fully salvaging the season. ticularly hurtful insult, because they handbags have filled the role. Oh, how show tailors down to its finalists and Laura was excellent at making cocktail were hideous and simultaneously the thankful I am for large handbags, with offers them the chance to make many dresses, and cocktail dresses in turn most comfortable footwear ever made. their inside organizational pockets, key pretty clothes instead of one garment are excellent, but she refused to create Britney Spears aside, I believe the UGG clips and stylish designs. at a time, the results would be fabu- much else. At the very least, her exact- epidemic is under control and we can lous. Somehow, it never quite works ing sewing was sure to produce at safely put those horrid memories §5. The Bubble Hem. The bubble that way. least a few pretty dresses for the finale. behind us and say, "Fashion, we forgive hem, popular in the ‘80s, began to To be fair to the most recent sea- Uli likes prints, and she is from Miami you the UGGs and thank you for all the regain popularity this summer and the son of this esteemed series, it suffered - the full extent of her personality. wonderful boots that aren't UGGs." trend continues into fall. Thanks are due a concurrent dearth of engaging per- Perhaps we could have done without for the hem itself, fabulous as it is, and sonalities and a whole flight of her. And Jeffrey, despite being equally §3. (Relatively) Fashionable Lounge also for its reemergence on non-’80s unbearable ones. It still managed to self-congratulating and self-pitying, Wear. On the topic of fashionable style clothing. The altered hem gives carry a good bit of momentum consistently put out lovely, challeng- loungewear thanks should be given to volume and flounce to skirts and tops through to the finale at Olympus ing clothes. Jennifer Lopez and Juicy Couture for the that would otherwise lay dormant. It Fashion Week. Unfortunately, the one Perhaps any high hopes should emergence of the jumpsuit. (And hon- really is a thing of wonder. To address great character failed the show. have been tempered by the challenge estly, when was the last time we the detractors of the bubble hem I say, Project Runway's third season was preceding the finale. In a shocking thanked those two for anything?) "Don't blame the bubble hem for those the story of Michael Knight. Despite turnabout, Uli was roundly praised by Several years ago J-Lo donned a pink hideous bubble hem dresses that the most auspicious of beginnings, his the judges, while Jeffrey was dis- Juicy jumpsuit and hopped around with Mischa Barton wears. Those dresses story ended sadly when Michael lost missed out of hand despite a particu- JaRule in her remix video for “I'm Real”. would be hideous regardless of the hem his way, and we viewers lost three larly delightful offering. Laura was Result? Mass proliferation of velour and honestly, it's not like it's the hem's months of our lives invested in the scolded again for making yet another jumpsuits. At the time this was bad, fault that Mischa Barton is famous in the show. This is not an undue slander of cocktail dress. And Michael? Suffice it very bad, actually. Everyone was wear- first place - you can thank OC fans for the other contestants; only, Michael's to say the purple disaster he put on his ing these jumpsuits and they were that disaster. Leave the bubble hem out final showing was just bad enough to model was the first true chink in his wearing them everywhere. With time and of your beef with Mischa." overshadow his (and by extension the armor. show's) previous high points. Leopard Hope persisted. Two months, print has lost its (previously omnipo- surely, would be ample for our dear Sudoku solutions tent) sway over my life. Michael to remedy this matter. Alas, the extra time only seemed to confuse from page 2 A brief sketch of the third season: him. Instead of relying on his usually unerring taste, Michael chose to pres- First, Michael was wonderful. ent a collection he called Urban Safari. Southern (though born in Urban Safari, Michael? Really? The Nuremberg), thoughtful and charm- collection, crushingly, was indecorous ing; his golden smile announced at best, downright amateur at worst. grand intentions. His effortless blend The realization of just how these of inner-city and intelligence set him dresses and outfits were going to look apart from the rest. From the first few was among the saddest television yet hints at his substantial talent and pen- produced. Jeffrey was a worthy victor, chant for beauty and bling, we began but the true beauty of some of his to stir in anxious hope. After the dis- designs for the finale was unable to appointing second season finale, the overcome the fact that he was neither early episodes strung a carrot in front very likeable nor, more pointedly, of us. We salivated. Michael proceed- Michael. ed to make beautiful, perfectly consid- One especially great thing about ered garments, glamorous but reality competitions is that they grounded. The fate of Project Runway refresh their characters every season. surely rested in hands adequate to its In the end, the real question the third important charge. season's finale prompted was, simply, Second, Michael carried the series when the fourth would start. despite another cackle of terrible con- PAGE 12 GEORGETOWN LAW WEEKLY HHUUMMOORR TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 Universal Study Group Stagnation Heat on Law Solved the Hill Scorpio (Oct. 24 - Nov. 21) As the semester wanes you may find your study group The Laws of Love by Take pictures, otherwise no one becoming stagnant. This lag in enthusiasm and motiva- Logan & Lucy will believe you. tion can be fatal to your academic efforts, but fear not Dear Logan and Lucy, there are ways to revitalize your study group. Sagittarius (Nov. 22 - Dec. 21) Strength will be found in strawber- I graduated from college with ries. In true Survivor style, vote one person out each week. a math degree and didn't meet a lot of guys over the course of those Capricorn (Dec. 22 - Jan. 19) four years. I think I have met my Don't forget about Friday. Make study group uniforms. Nothing builds team spir- soul mate within my first 2 weeks it like matching tank tops and hot pants. (Note: of getting to Georgetown. The problem is that he's not a law stu- Aquarius (Jan. 20 - Feb. 18) Rhinestones and sequins aren’t required but do you You will encounter a dilemma on dent and doesn't understand the Thursday; you will triumph by seriously want to be t he group that doesn’t even care tight schedule that I'm under. using the logic game skills you enough to sparkle?) We're getting into a lot of fights learned for the LSAT. because he thinks I'm looking for ways to not spend time with him. Designate one person from your group to be a mole Pisces (Feb. 19 - March 20) How do I maintain this relation- On Thursday you will uncover a and run a reconnaissance mission in a competing study ship and also make sure I have secret about your roommate that group. (Hint: In the course of carrying out his mission enough time to study? was better left covered. Awaiting your reply, the mole SHOULD NOT wear your group’s matching Lilly in Love Aries (March 21 - April 19) tank top and hot pants uniform.) The stars are aligned this week - Lilly, you're definitely getting called on Track and Field Day. When, in the history of group in Torts. work, has a three-legged race not helped the situation? I think communication is key Taurus (April 20 - May 20) Never! for your problem. Take him out As you unpack your winter clothes for a nice dinner, stress how much you will find something quite you like him and enjoy spending unexpected. quality time with him, and then by a Sequined and Still Motivated Study Grouper talk to him about the pressures Gemini (May 21 - June 21) you are under and how much time Your printer isn't broken; the jum- you need to devote to studying. bled mess it's printing is a secret You don't want to be put in a situ- message. ation where you must choose The Quotable... between him or studying. Law Cancer (June 22 - July 22) school and this relationship You will accidentally drop a copy should be concurrent, not compet- “Folks, folks, don’t laugh! You’re supposed to be afraid of me! And I of your resume on the street this ing, areas of your life. don’t want to see that in the God-damned Law Weekly!” -- The Quotable week. It could find the hands of a Alternatively, strive for balance in Professor Seidman powerful hiring partner or a creepy your life between work and going stalker type… good luck! out. Remember when you are “The really smart can fake dumbness – see, The South. Just warning going crazy studying for finals he you Northerners, we’re not as dumb as we act.” -- The Quotable Leo (July 23 - Aug. 22) might be the breath of fresh air Professor Peller An election day coincidence will that can clear your head and help leave you doubting your long held you study more efficiently later. “There’s a million of them in the country, you know? God has never political affiliations. Goodluck! inflicted that on any nation.” -- The Quotable Father Drinan [discussing Lucy the number of lawyers in America] Virgo (Aug. 23 - Sept. 22) Paper clips will play a more signifi- Lilly, “It's not like Ken Lay is going to get another job. Well, now he really cant role in your life this week than won't.” - The Quotable Professor O'Sullivan [discussing corporate fraud] you ever imagined. Drop him like a hot potato. Any man who doesn't understand “Um, uh,” student struggling to find answer. Libra (Sept. 23 - Oct. 23) that you have other things going “Oh, someone just send him an IM” -- The Quotable Judge Morin You will recover marvelously from on in your life isn't worth your last week's blunders. Don't get time. If you really do like him then cocky, though; you never know perhaps call him over (nix the din- what next week will bring. ner and nice comments, remember you have nothing to prove to him) Sage Advice for 1Ls and let him know what is up. Taking a break can be nice once in horoscopes by Sarah Hale, 2L. by Ono Youdidn, 1L a while, remember you are not Law Weekly married to this dude so don't let him be so controlling. (And, babe, In anticipation of Dec. 1, the date after which first years are officially please also remember, you’re not married to law school either -- you Got Questions? permitted to contact employers concerning summer employment, the Quotes? don’t have to spend every Friday Office of Career Services recently hosted Career Services orientations for night with Glannon.) Use that first year students. In an effort to contribute our own expertise we present, pretty little math mind of yours Email Heat on the Hill a sample cover letter… and wrap it around this useful Dear [hiring partner], equation: Fights bad + leads to [email protected] drama = not conducive to success Confidentiality guaranteed! I am a first year law student at Georgetown and I am interested in in any area of your life, law school working at your firm next summer. I'd actually never heard of your firm, or otherwise. Remember my Please Note: until yesterday, but my initial research has revealed two things - you are, in mantra-- Free agency is the best. Advice columns are intended for fact, a law firm and you pay money. I believe I would be a perfect fit for Remember that when you talk to him. amusement purposes only. your firm because I want my resume to say I worked at a law firm this Writers’ names are ficticious. Toodles, summer and I want money. You must admit, we are a match made in Logan Some question scenarios are fic- NALP heaven. titious, and written by members of the Law Weekly staff. Thank You, Student TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 OOPPIINNIIOONN GEORGETOWN LAW WEEKLY PAGE 13 Somebody should do a useful study, for once Too bad that means nothing. Setting matter since intelligence and book to clearing up the issue. But many Keith Parsons aside that correlation doesn't imply reading capability are not the same. others, like the ones I've mentioned causation, the consumption of snails In fact, some people think that tele- above, are completely empirical. No is so affected by cultural variables vision and other popular culture fac- matter how much a person was com- that comparing across nations is rel- tors have helped raise the average mitted to personal liberty, he or she A new study of emergency room atively useless if you are only exam- IQ of people in America. (For those would probably be willing to com- data over three years has concluded ining one potential cause such as who are wondering, the book is promise on gun issues if it were that seatbelts could make school environmental regulation. The Everything Bad is Good for You by actually proven that having guns buses safer. Well, whoop-de- French eat lots of snails because they Steven Johnson.) And almost as causes an increase in violent crimes freakin'-doo. I'm not sure exactly like snails in France, and that's that. tried and true as the idea that TV and deaths. No matter how how many man-hours or govern- With this in mind, somebody makes you dumb is the idea that adamant a person may be about the ment grant dollars were spent reach- needs to do a real study about gun video games and violent media portrayal of the female body, he or ing this genius conclusion, but no violence. The arguments voice by make you violent. In fact, there is she would probably stop objecting matter how many, it was too many. each side are probably both true: preliminary evidence that violent to the existence of porn if it were In fact, I realized the conclusion of guns probably both incite some vio- crime rates actually drop on nights shown to actually decrease the this study some 18-odd years ago lence and prevent some violence. that excessively violent movies amount of rapes. On the other hand, when I first got on a school bus and However, the actual net effect is debut. Not that I would sanction if guns do not actually cause more realized that there were no seatbelts. unknown. Is one person killed for such pseudo-studies alone. But they violence, or if porn doesn't actually I was flabbergasted at the time. every 10 murders prevented? Are 10 are a good start for what ought to be cause more rape the strongest argu- Mommy and Daddy had always people killed for every one murder a serious empirical look at whether ments for restricting these items is made me wear my seatbelt at all prevented? Nobody has any idea. media actually leads to an increase removed and personal liberty can times in a car and had impressed on It's no wonder that gun policy in this in violent crime. After all, if you triumph. me the idea that I would be splat- country is a complete mess. The look at the trends at the broadest So no offense to you, seatbelts- tered against the windshield if I did hardest question of course is level of abstraction, the era during in-buses-amazingly-make-them- not. For this reason I didn't under- whether the ratio of deaths to crimes which video games have risen to safer-guy. I'm sure you worked stand why we were not only not averted is "worth it." But that's a prominence has seen a distinct drop hard accounting for such variables expected to wear seatbelts on the question that is impossible to in crime rates to their lowest point in as the cushioning power that our fat- school bus, but that there weren't answer, and pointless to try to 30-some years. But that's not ter schoolchildren provide to their even any seatbelts for conscientious answer until we know what the ratio enough. We need to siphon away classmates who are flying around a students to wear. In the end, my is. Somebody do a study on this the money going towards "seatbelts bus unsecured during a crash. But kindergarten intellect made the already so we can actually make make buses safer" studies and redi- still, we need to take your money stunning leap that goodness only sensible gun policy. rect it into studies about this more away and give it to somebody who knows how much time, money, and important issues. is doing a useful study. If somebody the lapse of 18 years has proved: 2) Figure out whether pornogra- It's election day, and while some does an empirical study they will be school buses would be safer with phy actually incites rape or bigotry of the more prominent issues, like able to prove I am right. seatbelts. abortion, are purely definitional in Why doesn't somebody do a use- Pornography, like guns, is one of nature. Either a fetus at a certain ful study for a change? Now I'll those things people love to hate. stage of development is "human life" Keith Parsons is the outgoing opinions admit, the answer to this rhetorical Radical feminists are curiously or it isn't. As a society we can draw editor. Thanks goodness. You can reach question is probably that any useful allied with fundamentalist that line wherever it suits our fancy, him at [email protected]. study would actually be difficult to Christians against this supposedly so no empirical study will be useful conduct. Without diminishing the immoral enterprise. Unfortunately, amount of work or money put into most of the rhetoric around the issue the bus seatbelt study above, it can- centers on useless morals-spouting, not have been particularly difficult and inexact studies. While some to take a bunch of data from emer- psych experiments have found gency rooms and run some math on pornography to cause various "bad TAKE BACK THE NIGHT WEEK it. On the other hand, a useful study attitudes" towards women, the real usually requires getting your own question everybody is wondering; Women and Men United in the Fight data, and controlling for variables does porn cause rape/sexual vio- that you don't actually know, or that lence; is still unclear. Some pseudo- Against Gendered Violence are ambiguous. Useful studies also studies have found an inverse corre- usually run into opposition from lation between rape and the prolifer- NOVEMBER 5-10 2006 some people, since any useful study ation of internet porn, but like the is likely to prove an unpopular theo- gun studies mentioned above this Monday, Nov. 6th ry, or disprove a popular one. This isn't enough. Somebody needs to sit 8 pm, Uncommon Grounds Open Mic Night may be somewhat arguing the defi- down and figure out exactly what Spoken word, poetry, songs and lyrics about gendered violence and sexual nition, since any study proving a the correlative and causative effects assault- we welcome it all at Open Mic Night. Come perform and get a free popular theory or disproving an are. After this is determined the drink from UG! unpopular one will probably not be radical feminists will either be vin- very useful. But all that aside, here dicated or shut up, either way we Tuesday, Nov. 7th are several studies that it is high don't have to deal with their BS any- 7 pm, McShain Lounge Ambassador Tahir-Kheli time somebody did. more. The moralists won't shut up if Co-sponsored with The Lecture Fund and the Prince Alwaleed Center for porn is found to prevent rape Muslim Christian Understanding, the Secretary of State's Senior Advisor on 1) Determine whether guns because they don't care if porn saves Women's Empowerment Ambassador Tahir-Kheli will be speaking on actually cause violence lives as long as they think it's dirty. Women's Empowerment: Changing the World with a special focus on multi- But we already ignore moralists any- faceted outreach to the Women of the Muslim world. You've heard all the arguments way, so that's not a big problem. At before. First the anti-gun people least once we know whether or not Wednesday, Nov. 8th argue that OF COURSE guns must porn is actually beneficial we can 5-6 pm, Bulldog Alley Self-Defense Basics with Sara cause violence because you can't ignore them more comfortably. Wolf shoot anybody without a gun! Then Come learn self-defense tactics and skills from DC Impact's Sara Wolf! the gun-nuts argue that OF COURSE 3) Decide if watching televi- guns prevent violence because if you sion/playing video games actually Thursday, Nov. 9th start waving guns around all the makes you dumb/violent 7 pm, McShain Lounge Dinner w/ Documentary robbers, and rapists, get scared and Eat good food, watch the documentary Rape Is . . . and talk amongst faculty, run off. Of course when you ask Seemingly ever since the inven- students, administrators, and allies about rape in contemporary society. them to prove this they generally tion of television people have been resort of mushy statistics comparing griping that television or video Friday, Nov. 10th our crime rate to crime rates in games make you either dumb or vio- 7 pm, Red Square Rally, Vigil, and March European countries and our gun lent. Everybody seems to think that Gather in Red Square to listen to survivor's stories and rally against gen- laws to theirs. These sorts of pseu- books make you smart while televi- dered violence in our community. The rally will be followed by a vigil and do-studies are essentially useless. sion makes you dumb. About the then a march through Georgetown. I'm sure that if you compared our only thing that has actually been environmental regulation to that of determined is that reading books France along with our per capita makes you better at reading books. consumption of snails and theirs Unfortunately, that doesn't really you would find some correlation. PAGE 14 GEORGETOWN LAW WEEKLY OOPPIINNIIOONN TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 Georgetown Legal career may not improve world es more efficient, and artists make tem of justice work more fairly than Law Weekly “The Voice of Justice” the world more beautiful. But the it would if I hadn't gone to law Matthew Justice best-paid lawyers? They make sure school. Ha. Sunil Varghese, 3L that businesses are able to pollute I now have a wife, a child, and a Editor-in-Chief the environment with impunity; six-figure law school debt. I might First of all, let me thank you for that Congress will screw the Indians have been a lawyer part-time for Tiphanie Miller, 2L all of the support that I received for the sake of casino investors; and walnuts and thank you's, invested Victoria Taylor, 3L about my last column. Several peo- that wealthy criminals won't get myself in a community as a teacher, Managing Editors ple commented that I was right, punished like others do. It makes say, doing law on the side, to make and, as I said, no one is stupid me ashamed of the profession. the world a better place. Ha ha. I Benjamin Rubinstein, 2L enough to argue with me on the What's worse, if Pepper Hamilton couldn't afford the loan payments. News Editor question of children's affirmative calls with an offer, I know that I'll True, if I worked for the ACLU or as rights. accept. I mean, they're paying more a public defender, I could get full Sarah Hale, 2L Something else has been bother- than twice what I'd make as a high LRAP benefits. But have you seen Features Editor ing me, though. I'm afraid that, school principal, several times the what those people make? Please. despite all of the talk here at average American household Like I said, I have a wife and little Thomas Leroe-Munoz, 2L Georgetown about "Law is the income-with potential for fat raises. baby girl. Sports Editor means, Justice is the end," most of I feel terrible about it. Most likely, I No, it will be a lot easier on are going to choose the big salary won't get an offer, but I know that I everyone if I just fulfill the stereo- Keith Parsons, 3L over making the world a better would have sold my soul-the worst type and become a greedy stinkin' Commentaries Editor place. I know all of the regular argu- of both worlds. lawyer. The law school becomes ments-big corporations and insur- The whole system is messed up. more prestigious, we can donate Brianne Kennedy ance companies have rights, too-but Those in the legal profession who more money so that the professors Matthew Cook, 2L I don't think that anyone actually do make a positive contribution- here will make more money, we can Ellen Padilla, 3L believes the run-of-the-mill ration- judges, honest prosecutors, govern- all get rich, and the people who suf- Christina Schoppert, 1L alizations. Most high-paying legal ment workers and crusaders for the fer from our selfishness are practi- Assistant Editors work is a zero-sum game-or worse. truly oppressed make a compara- cally invisible to us. Maybe you're going to represent an tive pittance. I don't think that I'm alone here. Zach Bertke, 2L insurance company that is trying to In order to be able to afford life Are others concerned about the lack Sean Byrne, 3L avoid paying for hurricane damage. on a judge's salary, most judges first of fulfillment in screwing over their Devin Cain, 1L If you out-duel the opposing coun- make their money at law firms. Isn't fellow human beings? Or, am I Emily Camastra, 2L sel, then you, your client, and prob- this a little backward? Wouldn't it missing something, so that it's real- Brian Corcoran, 1L ably you will make more money, make more sense if all lawyers had ly OK to go for the high paying jobs Jacob Cote, 1L 100% at the expense of the lesser- to first make a contribution to the at firms with wealthy clientele? Nancy Eyl, 2L skilled attorney, his firm, and his common good? Shouldn't lawyers Please respond. I'm dying to know. Jennifer Gaspar, 1L client. be agents of justice, instead of Really dying. Zeeshan Hafeez, 2L Almost all other highly-com- agents of income? I thought I'd be Jeff Hayes, 2L pensated work makes the world a Atticus Finch after finishing law Prashina Gagoomal, 1L better place. CEO's make products school here at Georgetown, helping Matthew Justice is a 3L who believes in David Graham, 2L more efficiently, doctors improve regular people access the law, occa- justice, and also believes in himself. You Matthew Justice, 3L the public health, professional ath- sionally defending an innocent indi- can reach him at [email protected] Erik Kenerson, 3L letes and entertainers entertain, gent, and generally making the sys- town.edu Mike Mancini, 2L investment bankers make business- Mark Nabong, 3L Christopher Neumeyer, 3L Adam Pekor, 2L Harsha Rao, 3L Margaret Rubin, 1E Adam Taylor, 1L Matthew S. Schwartz, 3L Kartik Sharma, 2L Julia Zhang, 1L Staff Reporters & Writers

Javad Namazie, 3L Marika Maris, 3L Staff Photographers

The Rev. Robert F. Drinan Faculty Advisor

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Georgetown Law Weekly is published during the school year by students at Georgetown University Law Center in Washington, D.C. The Law Weekly is composed on Quark XPress 6.1 and is printed by Southern Maryland Publishing. The writ- ing, graphics and design are the responsibility of Law Weekly and do not necessarily represent the views of the Law Center. Signed columns represent the beliefs of the writer, and not necessarily the views of either the Law Center or the Law Weekly. Letters to the edi- tor should not exceed 700 words and should be submitted as e- By Christina Pamies, 1L mail attachment in Microsoft Word. The Law Weekly reserves the right to edit submissions. TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 OOPPIINNIIOONN GEORGETOWN LAW WEEKLY PAGE 15 Democratic electoral victory would be disastrous The Democrats will raise your with - is because it was only half the over in his grave, and perhaps Bill “The John Galt Line” taxes. It is trite, but true. The last size they wanted. Because Bush Clinton is even shaking his head. One Jacob Cote Democratic Congress (1993-1995) wields the veto pen, the Democrats of the few hallmarks of the raised your taxes. A few years before, will find it difficult to be directly irre- Republican Congress was its free another Democratic Congress raised sponsible on spending (although in trade record, but even the Central The Republicans do not deserve your taxes. The only difference order for Bush to actually veto some- American Free Trade Agreement to maintain control of Congress. But between then and now is that Bush thing, he would have to find his veto barely passed. Under a Democratic we cannot afford a Democrat will not sign into law any tax pen first, which is a daunting task Congress, the Free Trade Agreement takeover. On Nov. 7, you should vote increase. But think outside of the box: which is reason alone to deny the of the Americans - which would cre- Republican, but not for the reasons a tax increase may be accomplished Democrats control). ate a free trade zone from Canada to the Republicans are giving you. through action, but it also may be But just as they can indirectly Chile, except Cuba - would be dead They are wrong for thinking the accomplished through inaction. The raise taxes, the Democrats can indi- on arrival. A Democratic Congress election should be about local issues. Democrats will let Bush's tax cuts rectly increase the deficit by refusing would be more concerned about pro- Local issues are, frankly, largely bor- expire, which will have the same to undertake the necessary and budg- tecting a few jobs at the expense of the ing and irrelevant, at least from a practical effect as if Bush's tax cuts et cuts. And I am not talking about entire country (as if it was ever the national perspective. Legislators may were permanent and the Democrats merely freezing the growth in discre- function of Congress to protect jobs), be elected locally, but when they directly repealed them. The only peo- tionary spending, something the rather than fostering an environment serve in a national Congress, they ple who see a distinction between Democrats would never do, and even which would create jobs, expand the should adopt that national perspec- directly raising taxes and letting tax if they did, it would not have much of economy and lower prices - not just in tive. It is our overemphasis on cuts expire are the Democrats. The an effect. If there is to be any hope of the United States, but throughout the parochial concerns that have partly rest of America - the taxpayers, the a balanced budget again, it is through Western Hemisphere. contributed to outrageous pork barrel homeowners, the small business own- a combination of pro-growth, rev- Immigration reform would also spending and earmarks. ers - has had the expectation that their enue-increasing tax cuts, and entitle- be in doubt. Bush's fence-building bill Gingrich is right in arguing that taxes will not increase, and they have ment reform, which at the very least was a cheap political stunt designed this election should be about national built this expectation into the econo- entails a substantial reduction in the to keep the Republicans in control. It issues, but his focus on moral values my. It would be dangerous to disrupt growth rate of programs like Social probably will not work, but if it does, and foreign policy is misplaced. such an important economic expecta- Security and Medicare. Bush will be more likely with a Gingrich and other Republicans warn tion, but that is what the Democrats Bush's attempt at Social Security Republican Congress to enact true, us against the San Francisco values of will do. reform was halfhearted and flawed, comprehensive immigration reform - a Democratic Congress. I am not But in trying to shed their tax- but there will not be any chance of building bridges instead of building exactly sure what San Francisco val- and-spend image, Democrats have reform if the Democrats take control. fences. While the Democrats may be ues are, but if they mean taxpayer- touted their support for middle-class Because the Democrats are not inter- more pro-immigrant than the funded sex-change operations, I do tax cuts. Middle-class tax cuts, how- ested in reforming entitlements, but Republicans, we should not take the not like the sound of them. But it is ever, like all targeted tax cuts, are would rather save or even strengthen chance that the Democrats are more not the prerogative of the federal gov- patently discriminatory and unfair. outdated big government programs anti-free-trade than they are pro- ernment to legislate for or against San But even if their middle class tax cuts that this country can afford less and immigrant, because what is immigra- Francisco values or Main Street val- were fair, they are simply not middle less each year as the population tion reform but free trade in labor? ues. That is big government, and that class tax cuts. The Democrats' concep- grows older and older. Just like on Thankfully, the Democrats cannot is not what the Republicans do - or tion of the middle class is anachronis- Iraq, the Democrats have plenty to repeal NAFTA, but they will do should - stand for. It was our cam- tic, excluding anyone who owns a complain about - much of it legiti- everything in their power to kill paign against big government - the small business, who owns stock, and mate - but they have no viable alter- NAFTA, Part II, and we should do Contract with America - that cata- God forbid, who earns more than natives. No plan is not going to fix the everything in our power to make sure pulted us into control of Congress for $100,000 a year (because obviously a mess in Iraq, and no plan is not going they never have the chance. the first time in 42 years. And it is our family with that income, trying to pay to fix the mess that is our federal breach of our contract that just might off a mortgage and put their kids budget. get us thrown out on our asses for the through college, is rolling in the Finally, a Democrat Congress first time in 12 years. dough) . means a Protectionist Congress. The Jacob Cote is a regular columnist for the They also warn us against the cut- But even if their targeted middle Democrats used to be the party of free Law Weekly. He can be reached at and-run foreign policy of a class tax cuts did not leave out a sin- trade, but now Roosevelt is turning [email protected] Democratic Congress. A Democratic gle middle class family, they will Congress might be irresponsible and raise the taxes of the top 1%. I do not weak on foreign affairs, but it will not know about you, but I would like to be as irresponsible as the post- be in that top 1 % one day, even Watergate, post-Vietnam Democratic though I would always consider Congress, to the extent that it will myself middle-class. And even if you take a sabbatical from international have no interest in being wealthy, affairs by refusing to fund military you have no right to stop me. action or support our allies, letting Different strokes for different folks - the dominoes fall one by one. this applies not merely to the social Thankfully, from both a practical and sphere, but to the economic as well. constitutional perspective, Congress' And even if I never make it into role in foreign affairs is limited, and the top 1 %, I would like to indirectly the Commander in Chief's power is benefit from these upper-income tax strong. There is no way the cuts. You can call it what you want - Democrats can cut and run, short of trickle-down economics, supply-side refusing to fund the war, which the economics - but I prefer to call it what Democrats should not do, but even if it is: sound economic policy, built on they should, they, being Democrats, the reality that the recipients will would not actually have the political invest, rather than spend, their tax balls to cut and run. Even if the cuts, and it is investment that makes Democrats take the highly unlikely the economy expand, providing and outrageous step of passing a bill lower prices, more jobs, increased requiring the withdrawal of our wages - and increased revenue, which troops, Bush should and would mere- brings us to our second reason for ly veto it. And in the even more keeping the Democrats out of power. unlikely event that his veto was over- While the Republican Congress ridden, Bush would be well within was above average on taxes, it has his constitutional Commander-in- been the antithesis of fiscal responsi- Chief power to simply ignore it. bility, spending like drunken sailors, From a purely cynical, political and it should be ashamed of itself. perspective, perhaps Republicans The Democrats are thus right to criti- should focus on terrorism and moral cize the Republicans, but what they values in order to retrain control of forget to mention is that they will be Congress, even though those are not even more fiscally irresponsible. For the reasons why they should actually example, the only reason most retain control. Those reasons boil Democrats voted against Bush's pre- down to three simple ones: taxes, scription drug program - which spending, and trade. should never have passed to begin PAGE 16 GEORGETOWN LAW WEEKLY OOPPIINNIIOONN TUESDAY, NOV. 7 TO MONDAY, NOV. 13, 2006 Point/Counterpoint: Should D.C. have statehood? would our nation's flag look like federal government, because they can with 51 stars?? (And yes, I know the Thomas Leroe-Munoz better look after their own citizens. Sean Byrne Army's Institute of Heraldry has Yet, this argument only suggests that already come up with one). it would be in the interest of Washington DC to become a state, so While my esteemed colleague Alternative #1: as to provide DC citizens with the As a DC voter, I am faced with a posits some rather interesting ideas, I As citizens of the United States, protection these scholars feel is so ballot of few races, few candidates, believe he fails to grasp the full scope DC residents should have represen- necessary. and even fewer ideological posi- of what is at issue here for the hard- tation in the House of Various alternatives to statehood tions. From what I can tell, one is working residents of Washington Representatives, but since the have been proposed, but all lack the not allowed to appear on the ballot DC. District is not a sovereign state, it important right of self-determination unless one advocates DC statehood. To begin, his discussion of a should not have representation in afforded to all citizens of other states. The problem, though, is that DC required size for statehood (or any- the Senate. Alternative #1, suggested by my should not become a state. thing dealing with the flag) is with- opponent, assumes his own conclu- out any backing and warrants no fur- "[The] vote allowed to each State sion that DC should not be a state. Argument #1: ther argument from me. He then [in the Senate] is at once a constitu- Since this is precisely the issue in con- Recognition as a sovereign state states that having the Capitol within tional recognition of the portion of troversy, I will move to his second should come about when a parcel of a state would be a hindrance on the sovereignty remaining in the indi- alternative (granting that if one does independent, sovereign land trades federal government, though it is vidual States, and an instrument for not find DC to be worthy of state- in its absolute sovereignty in unclear how the existence of a subor- preserving that residuary sovereign- hood, they should support this alter- exchange for the benefits of joining dinate governing system surround- ty" Federalist No. 62 native). the United States. The land of the ing the federal government would In alternative #2, he plays right District already had its bite at the prove to be a hindrance. It should be noted, however, into the bias that is built into the sys- apple of sovereignty when it My opponent notes that to that I also believe that senators tem against the District, wherein resi- belonged to Maryland. Maryland, achieve statehood, states trade what should be elected by state legisla- dents of Washington are forced to exercising its sovereignty, gave up would be national sovereignty for the tures. rely on the benevolence of others to part of its land to form part of the right to be part of the federal system perhaps be granted rights that should District. Since the District has no and yet retain state rights. This exam- Alternative #2: already be theirs. The lack of self- independent source of sovereignty, ple only works, however, in situa- Make the District smaller and determination of DC resident stands it has no legitimate claim to status as tions where the balance of power is at have Maryland take back their land. in direct contradiction to the ideals of a sovereign state. least somewhat equitable. In cases Until 1846, the District formed a per- the United States where persons do with vast disparity in power(i.e. Argument #2: fect diamond but in that year the not have to hope that others will help Hawai'i), there is no bargaining of The nation's capital should not residents of Arlington County and them, but that they can help them- sovereign rights for statehood rights. be in a state. Members of our feder- Alexandria successfully petitioned selves. This is not the case in DC Nor is this the case for territories that al government ought not be hin- Congress and Virginia to allow the today because DC lacks any represen- are purchased by the United States dered while carrying out their area to retrocede back to Virginia. tation in the federal government and (i.e. The Louisiana Purchase) and duties. By having the national capi- Maryland and Congress should can only be changed in the future by later become states. Those lands tal in a district under its own con- agree to designate the District as a granting Washington, DC statehood. belong to the federal government and trol, the federal government assures small area consisting primarily of any chain in independent sovereign itself that no one state can meddle the Mall and its surroundings and claims has been considerably broken. with the affairs of the entire country. have the rest of the current District Sean Byrne, 3L, and Thomas Leroe- Many who argue that DC should retrocede to Maryland. As part of a Munoz, 2L, consistently argue, just like not become a state note that the Argument #3: state, DC citizens would then have an old married couple. Sean can be reaced supreme sovereignty of state rights Finally, isn't DC just a wee bit full representation in Congress. at [email protected], and should be protected from the small to be a state? Also, what Thomas at [email protected]. encroachment of an overpowering

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