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Nota Bene, February 11, 2009

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This Book is brought to you for free and open access by the Nota Bene, 2000s at Scholarly Commons. It has been accepted for inclusion in Nota Bene, 2009 by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. Tin GEORGE WASHINGTON UNIVERSITY Nota Bene A Forum for News, Features & Opinions in the Law School Community W AS JI I N I. I O N D€ Wednesday, February 11, 2009 Vol. 23, No. 9

Administration Looks to Add Students Environmental Law Journal Baffled By

BY CLARE CAVALIERO Late Grade Features Editor The law school may be welcoming a aspects looked into when Dean Paddock done at GW, although, as Dean Paddock Returns new environmental law journal in the near and the others involved were drafting their explained, "there are a great number of future. While nothing has been finalized, proposal. environmentally-focused students" at the BY TIMOTHY FREY Dean Paddock is working diligently to Currently, the proposal is under law school. The school wants to ensure Staff Writer provide GW Law students with another review by the energy faculty and they are that it has found an appropriate niche -we opportunity to participate in a law journal. looking into the marketing strategy of would hate for the publication to be one We are now entering Week Six of Dean Paddock joined the faculty a year the journal. Once the feedback from the of many. The environmental law journal Spring Semester. The especially avid and and half ago and part of the reasoning energy faculty is assessed, the proposal needs strong authors as well as substantial motivated among us are already putting behind creating his position as Associ­ must receive approval from the curriculum readership in order to be successful. together course outlines and scouring ate Dean for Environmental Law was committee. Then, the final step is for the In addition to these concerns, how­ Wash Law for the perfect supplement to to emphasize building programs in the faculty to vote in favor of the journal. ever, are also many potential advantages. get through the Spring Exams looming environmental area for JD students. Dean Dean Paddock noted that the focus of Few journals focus in this area, and its on the horizon. Unfortunately, some Paddock explained the current posture of the journal would be energy and climate success would improve the reputation of students do not yet know how their study the proposed journal and what musi be related and article subject matters would GW in the professional community. It tactics worked out last semester; they are completed in order to progress through include next generation energy issues like would also provide students with addi still waiting for their grades. the preliminary stages of development. alternative sources of energy, energy in tional opportunities to gain law journal While the majority of grades were Students (especially the SBA and climate legislation, critical issues in the experience, which is valuable in itself as published in the last several weeks, at the Environmental Law Association) have Clean Air Act that have not yet been re­ well as when applying for positions, as any time this article went to press at least two demonstrated great interest regarding solved, carbon sequestration and liability, expertise in this area would be impressive classes, a large International Law class this possible addition, as have Dean and other newer issues pertaining to these on a resume. Also, the GW community and a small Higher Education Law class, Lawrence and Professor Schooner. There important topics. has many masters students who write were still waiting to learn how they per­ are, however, a few stages to this process. There are some concerns that ac­ theses regarding the environment, and formed last December. 2L Kevin Inman In order to establish a new journal, GW company this potential new addition. the journal would provide an outlet for is one of the students from the Interna­ needs a partner and although a party is Particularly, there is uncertainty as to the high quality papers. tional Law class that is still waiting on interested, nothing has been formally whether enough student interest exists SBA President Brett Sheats has his grade. Inman notes that "my resume agreed to. Also, the new journal must to sustain another journal, as GW Law submitted a letter to the GW Law Cur­ looks a little different than it would if I have some circulation outside that of a is home to six other journals currently. riculum Committee on behalf of the law had all my grades." Fortunately, Inman's normal journal and we must show its The new prospect should not water down prospective employer did not mention his long-term viability. These were the main the quality of the journal work already See Journal on Page 5 lack of grades, although he has not yet had to turn in a transcript. Other employers are not being as pa­ tient. Another 2L, Stephanie Patton says Law Students Speak Out: that her summer employer has already contacted her twice asking for a copy of her most recent transcript. According to The Myth of the Journal Patton, "although the transcript is not due until March 2nd, they're already inquiring BY KATIE EARNEST as to my grades. They've made multiple Editor-in-Chief queries." Patton had been waiting on her Communications Law grade until last week. For 2L Denise Turner, it all started at GW Law, the journal competition is Potential participants encounter a 2L Christina Totino can sympathize. during 1L year. "I heard it from older limited to 1L day students, 2L evening stu­ number of opinions about journal, some Torino did not get her Criminal Procedure students...I mean, it's just one of those dents, and 1L evening students transfer­ of them common and others controversial. grade until last Tuesday and, although ring this semester to the day division. This Even for this article, some students inter­ 'staples' of the legal community. I remem­ already employed for next summer, sees year's competition runs from Thursday viewed asked not to be identified, fearing ber one of the attorneys I worked for over several potential problems with the speed February 26th through Monday March the possible stigma of speaking frankly the summer said, you're a really good with which students receive their grades. 2nd. It is a "closed universe" problem, about the pros and cons of journals. "As writer, you should try to get on a journal Totino states that "because many people involving a packet of sources that are kept a 1LI was clueless about journal," one 3L like it's some right of passage for lawyers at other schools already have grades, I confidential until the day of the competi­ on AIPLA said, "I knew it was something or something." think it puts people at a disadvantage tion. Students are required to Bluebook I had to do. I ranked AIPLA QJ first be­ As the spring journal competition with jobs, especially when employers are and use for a short case note with an cause my Dean's Fellow pointed out that approaches and the law school looks to considering two candidates - one with objective and subjective analysis. AIPLA QJ based its entire membership possibly expand our number of journals, her grades and the other without." She Once journal boards make their on the writing competition only. Not many students are starting to question notes that "even students \yith really good decisions on membership, students do not knowing what my second semester grades the true value of journal membership. grades are put at a disadvantage because have any subsequent opportunity to join, would be -1 gamed the system." For years, law students have encountered you can't know your G.P.A. until that last the Myth of the Journal - a collection of adding to the stress of the competition. As students interviewed for this one comes in." 1L Joon Song noted, "Journal seems to be article noted, there are several positive beliefs that characterize membership on While David Mitchell agrees that an academic journal as the ultimate law a rite of passage for lLs, so important in aspects to journal, including learning legal it is important for students to know fact that it requires us to spend half of our research and writing skills, and making school prize. their grades when applying for jobs, he An annual contest for membership Spring Break holed up in the library-as if See Myth on Page 4 on one of the five academic journals the rest of the semester is not enough." See Grades on Page 5 NEWS FEATURES OPINION With Economic Stimulus, Congress Ignores Page 2 Law Revue Cast Prepares Page 4 SBA Corner Page 3 Costly Lessons for Annual label Show Page 6 Restaurant (and Wine) Week in the District With Herring, the Supreme Court Bleeds Page 7 De Novo Days the Fourth Music Review Testing Times, and Hypocrisy Page 2 Nota Bene February 11, 2009 NEWS

NOTA BENE

2008 G STREET, N.W. WASHINGTON, DC 20052 [email protected]

NOTA BENE IS A BI-WEEKLY STUDENT PUBLICATION AT THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL. NOTA BENE SERVES AS A FORUM FOR NE WS, FEATURES & OPINIONS IN THE LAW SCHOOL COMMUNITY. WE SEEK SUBMISSIONS FROM STUDENTS AT GW LAW SCHOOL.

EDITOR IN CHIEF KATIE EARNEST

FEATURES EDITOR •CLARE CAVALIERO OPINIONS EDITOR ADAM PEARLMLAN

STAFF RYAN BOWEN TERENCE G. SCHOONE-JONGEN STEFAN CHACON SET SAMII REID COPLOFF LISA STRAUSS TIMOTHY FREY JOON SONG YUNJI KIM ELIZABETH WESTBROOK MATTHEW LINDEN

Law Revue Cast Prepares For Annual Libel Show

BY ELIZABETH WESTBROOK Staff Writer

Perhaps if you have stayed late at back this year, school on a Monday through Thursday President Brett anytime over the past few weeks you have Sheats et al in­ been treated to the (hopefully!) melodious cluded in the sounds of law revue rehearsals. Auditions deal that law for the annual sketch show took place this school organi­ past November and the energy of the cast zations would and board has grown steadily since then be able to ap­ with everyone's eyes on the prize: a great proach the SA show on February 21st. throughout The cast and board should be com­ the year for co- mended for their commitment, creativity Sponsorships. and hard work. People may not realize Law just how much work goes into putting Revue took together the Law Revue show but it's advantage of a tremendous effort on all parts. Over that provision break, members wrote and submitted in mid-No­ scripts to be read and voted on by all vember when board members. The Sunday before Producers school started, the board then met in a Chrissy Da­ seven-hour summit to vote on scripts and vis and Erica cast the show. While seven hours may Oleszczuk, sound epic, returning board members accompanied from Law Revue 2008, said this was far by Sheats and more efficient than last year's meeting. SBA Executive Credit head writer Matt Orlins, Director Vice President Maureen McGough and Assistant Direc­ Rahul Reddy tor Terry Schoone-Jongen for that. While successfully far from slave drivers, they have run a very solicited the tight ship with their eyes always focused SA for funds. Restatement Third of Rock performs a fundraising event for Law Revue on that February 21st prize. Our own Mu­ at DC9 on Thursday February 5th. Adding to the impending brilliance sic Director, of this year's show is the money we have Luke Wilson Photo courtesy bv Katie Earnest amassed to spend on props and sets. The is a graduate SBA was consistent with past years' allot­ school representative in the SA. He says, with costumes and other aspects of the ments to the organization at the beginning "The SA was truly interested in helping show, putting us on par with many of of the year, but this year we also received fund the Law Revue show as much as the student theater productions on the Correction: funds from the Student Assembly (SA) possible. The exposure that it gives un-. undergraduate side, moneywise. [We can] which comprises representatives from the dergraduates, law students, and members focus on preparing for the show, instead of In "Ski Trip a Rousing Success" undergraduate as well as other graduate of the law and GW community alike to worrying about whether we can pay the by Timothy Frey found in the Nota institutions under the GW penumbra. the trials of law school life is one of the fees to rent Lisner auditorium." Bene issue published on January 28, We received these funds thanks in large biggest outreaches that the law school has, Also contributing to our financial 2009, Melissa Colangelo was identi­ part to work done by the SBA executive second to the Van Vleck competition." boon this year is the incredible success fied as a 3L. Colangelo is an alumna Wilson goes on to say, "the impact board early on in the year. While nego­ from the law school's Class of 2008. tiating what percentage of our student of the extra money on the show is already See Law Revue on Page 5 activity fees the law school would get visible. We can be as creative as we want Page 3 Nota Bene February 11, 2009 OPINIONS With Herrin, the With Economic Supreme Court Bleeds StimulusCongress the Fourth Ignores Costly Lessons

BY STEFAN CHACON BY RYAN BOWEN Opinion Opinion

Murderers, thieves, rapists and drug database. Nevertheless, the Supreme There's an episode of The Simpsons ing struggling retailers. The problem with dealers walk freely among us. We count Court held that where probable cause where the town, faced with impending the stimulus tax cuts is that they do not on the police to do the best they can to is based on reasonable but mistaken as­ destruction from an approaching comet, come in the form of the rebate checks we catch as many of these people as possible, sumptions, the exclusionary rule does not turns to the federal government for help. are accustomed to from past stimuli, but but do not expect that every case will be require the suppression of the evidence The local news shows the House of Repre­ rather through a reduction in taxes with­ solved nor every criminal apprehended. obtained. The Court reasoned that the sentatives, where the Speaker announces held from wages. The $500 proposed tax The best we can hope for is that those minimal deterrent value that an applica­ that "it is unanimous, we are going to break will amount to less than $10 a week. that are caught, whether by their own tion of the exclusionary rule would serve approve the bill to evacuate the town of It seems highly unlikely that the economy carelessness or by diligent police work, was outweighed by the costs to society of Springfield, in the great state of . .." He is going to be escur ed by people buying an are brought to justice. For this reason we letting the criminal go free. is then cut off by another representative, extra Chipotle burrito each week, or filling encourage the police to engage in crime The Supreme Court might have who tacks onto the bill "$30 million of up their SUVs an extra time each month. fighting as a competitive and adversarial waited for a more inflammatory case, taxpayer money to support the perverted Even if someone had the willpower to enterprise. We want them to be relentless, but the facts of Herring were sufficient arts." When the vote is taken on the set aside this money for the entire year, clever, thorough and even aggressive, lest to accomplish what the New York "Springfield/Pervert bill," the Congress­ it doesn't even amount to a decent flat- the criminals escape by these same virtues. Times referred to as the Roberts Court's men and women resoundingly oppose it, screen TV. Pretty weak. The Fourth Amendment, however, is con­ "campaign" to abolish the exclusionary thus defeating the legislation that would The bulk of the stimulus package cerned not with the effectiveness of police rule. I recently spoke with Professor otherwise save the town. When research­ right now is instead made up of govern­ activity, but with its potential to infringe Butler, who stated that the decision was ing the proposed stimulus plan now in the ment spending. I consider myself a pretty upon individual rights. "predictable," since "the Court has been Senate, this is precisely the image that moderate conservative, and thus I break Bennie Dean Herring was convicted watering down the exclusionary rule for came to my mind. Now, I'm not compar­ from most "on the right" views in that I for illegal possession of drugs and a gun. some time." When asked whether this ing the current stimulus bill to funding don't view all government spending in Police had been watching Herring as he case would mean a measurable erosion for "the perverted arts," but the lesson is this package as a bad thing. Infrastruc­ entered the police impound to retrieve of Fourth Amendment protections in the same: trying to add unpopular spend­ ture projects such as highway repairs something from his truck, and called practice, Professor Butler explained that ing programs to an otherwise essential and updating power systems to be more around to see if there were any outstand­ "it depends on whether the decision is in­ piece of legislation simply doesn't work. efficient are both badly needed and will ing warrants that would allow them to terpreted narrowly or broadly by the lower Everyone can agree that some sort of create jobs on multiple levels: from the arrest him. Based on an outstanding ar­ courts." Indeed, the Herring decision was stimulus package is necessary to help our people actually working on the projects rest warrant from a neighboring county, interpreted broadly within days, when a sinking economy, but liberals in Congress to the factory workers manufacturing the Herring was arrested, and the search federal court in New Jersey refused to shouldn't use this opportunity to muscle equipment used in their implementation. incident to arrest revealed the conclusive suppress evidence of child pornography through their social agenda. Other money, like that used to update and evidence that resulted in his conviction. obtained from a computer, after a warrant The stimulus package is all about modernize government administration The only problem: the arrest warrant had had been issued upon false information. spending money, both at the individual will probably save taxpayers in the long been rescinded five months earlier, and the The crucial distinction between the New and federal levels. The tax cut provisions run by streamlining the bureaucracy and neighboring police department had failed Jersey case and prior exclusionary rule of the stimulus are intended to encourage increasing efficiency. to make the correction in its computer individuals to spend more, thereby help­ See Fourth on Page 6 See Stimulus on Page 6

Testing Times, and from the White House, simply seems to or an "American of Jewish heritage" if be that we cannot merely stand-by and you must, but don't call me a "European- do nothing. American" or a "Jewish-American." I'm That simplistic and dangerous view not. I am an American. And, regardless Hypocrisy of what it means to govern ignores the of whether people agree on het providence very principle behind market economies of using compound-adjectives to describe - our government is trying to replace themselves, I feel comfortable making a BY ADAM R . PEARLMAN the Invisible Hand with its own, and all sweeping generalization that it is those Opinions Editor but using the wasteful spending of the who are most offended by people calling last administration to justify its doing themselves African-American or Chinese- so. The governor of South Carolina last American, or Mexican-American are the We are a people prone to sensa­ Richardson the first casualty of post-elec­ week said that we are becoming a "sav­ same ones who go to the greatest lengths tion nomination flaps. tionalist tendencies, so although it may ior-based economy" - an apt pun indeed. to make themselves, in all but name, Con- The ultimate irony of this accumu­ not be "difficult" to think of things more And people are blurring the line between federate-Americans. lation of tax problems is that the most offensive than the fact that the people faith in government, versus reliance on it. To those people, I say honor your flagrant of the bunch made it through who would raise our taxes have not been We too easily forget how resilient we are. history as you will, but do not deny oth­ confirmation before the rest came to paying their own, that list is nevertheless Although we rally and band together to ers' their own. And rather than focusing light. Sure, the amount Tom Daschle fairly short. Why Vice President Biden move mountains after we are attacked by backwards on what has divided us for failed to pay was significant, especially is the only one in the administration some outside force, we quickly despair centuries, turn your attention instead to considering the .rmy of accountants he who has been labeled "gaffe-prone" is and fracture when facing our own internal our collective survival for the future. We probably has who should have corrected quickly becoming a quandary; there have dilemmas. have a long haul ahead of us. the mistakes over the years. But what already been too many days since Janu­ And finally, a word about the right. Secretary Geithner failed to pay is as- ary 20 marred by major blunders. Those The South Carolina legislature is con­ toundingly egregious - not so much in the who questioned the integrity of John sidering a bill that would create a state The Nota Bene invites read­ amount as in the chutzpah. He did not McCain's vetting of Sarah Palin might holiday to recognize the fallen soldiers merely miss a line-item on his tax returns ers' opinions. Letters must be also do well to wonder who, if anyone, has of the Confederacy. First, in light of (multiple years); he outright pocketed the signed, dated and include a been vetting President Obama's cabinet the above, is that really something that money that the IMF gave him to be paid graduation year or title. E-mail nominees. deserves attention at this juncture? But, as tax. Troublesome, indeed. The tax problems, of'course, have more importantly, the proposed idea, on submissions to notabene@law. But the past couple of weeks have been all over the news - the nominees to its face, wreaks of separatist bigotry in a gwu.edu brought other frustrations, as well. The be secretaries of Labor, Health and Hu­ way that simply needs to stop. biggest, of course, is non-partisan. It The Nota Bene reserves the man Services, and Treasury, have all been It is simply human nature to cherish seems that nobody, left or right, actually held up or outright sunk for not paying your roots and culture, but that does not right to edit all submissions for believes that the stimulus package(s) now their taxes. And we recall the questions translate to qualified-Americanism. Call space, grammar, clarity and over Secretary Clinton's foreign donors, under consideration will actually work. me an "American of European ancestry" vulgarity. and the scandals that made Governor The mantra from our legislators, and February 11, 2009 Page 4 Nota Bene News

While some students are happy value journal membership. This seems not to be on a journal, Dean Renee to be the case for two main reasons. DeVigne has sadly noted that she has First, because journal membership is met with several students over the years SB A Corner: selective, employers regard it as another who felt they had to defend their choice "gold star" on a student's resume. Sec­ ond, and more importantly, employers to turn down journal or not go out for it Spring Around the Corner believe that journal membership pro­ at all, telling her, "You're made to feel vides students with the opportunity to like you're a leper if you don't want further develop their legal research and journal." BY BRETT SHEATS Associate Dean for Student Af­ Special to the Nota Bene writing skills." When asked if she believed the fairs and an advisor on the journal com­ that journal membership is required tor mittee, Dean DeVigne sat down one recent Friday afternoon to talk about Hello GW Law! Hopefully you your calendar. I realize that many 1 Ls jobs, Montgomery responded, "That the myths associated with journal. "The are enjoying this unseasonably warm have expressed concern regarding the is 100% not true. When considering ideal is to have a healthy appreciate of February. Get outside and enjoy D.C.! timing of the event. The 1L class has who to interview and hire, employers what journal is and what journal isn't." I'd like to take a moment to update you their 2nd set of memos due in the days consider candidates as a whole — and Journal can lead to publishing articles, on two upcoming events that are some after the Barrister's Ball. Given that' in many cases, practical work experi­ honors, and prestige - but students of the best events of each and every fact, we tried to schedule the event on ence, relevant contacts and a student s can get this kind of recognition in school year: The Law Revue Show and another weekend in February or March. demeanor will be more persuasive than other ways, such as skills competitions, Barrister's Ball. Unfortunately, many of those weekends grades or journal membership. In The Law Revue show is written are already taken up with events ranging response to Montgomery's comments, clinics, and internships. "Journal is a and performed entirely by law students. from the Law Revue Show, Valentine's one 2L non-journal student noted, distinguishing honor of the transcript, There is a dedicated group of students Day, 1L Moot Court, Mock Trial, and "That's what's frustrating about jour­ but that's just a byproduct. It's a lot of who direct and produce the show, and two weekends of Spring Break. In other nal - people will tell you it's the gold work." these student leaders have made this a words, our weekend options were quite standard for employment, but then say A former journal member of the can't-miss event time after time. This limited. After looking at several venues it doesn't matter at all." American Criminal Law Review at year's show will be on Feb. 21st in Lis- that simply were not up to the standard Rather than emphasizing the Georgetown University, Dean DeVigne ner Auditorium, and I have privately that has been set in the past, we opted to importance of journal, several students said that students should consider their been assured that its hilarity level will go with our very best choice for venue noted that they were never asked about transcript when they take on journal, be at an all-time high. Tickets will - The Washington Hilton - which their journal during Fall Recruitment. especially that to quit journal would undoubtedly be on sale within the next was the location of the Ball in 2007, The 3L on AIPLA said that, while result in four incomplete credits. "One couple weeks in the hard lounge — so but is only available on March 20th. I she was asked about it, "It was one of of the reasons it is an all-or-nothing keep your eyes open! am pleased that we have such a great many topics discussed. So while journal proposition...is that there was a trend of Second, Barrister's Ball this year venue for the event, and I do hope that membership did help me in interviews students who would drop journal" once will be on March 20th. You have a few students are able to attend. -1 talked about my experiences just as they reached their 3L year and received more weeks to prepare for this event, but Best of luck as the semester con­ much as I talked about my 1L summer their permanent job offer. "They were none the less it is a great idea to get it on tinues! job." banking on the cache of journal," Dean Richards imparted, "If nothing DeVigne said, and dropping it to avoid else, being on a journal certainly doesn't doing the production work. guarantee you a job. I don't have one Students and faculty members (in this case journal) will pay dividends yet for instance, and very few people have a wide range of advice for students MLytbi from page 1. later. That's asking for omniscience and who have interviewed me seem to care thinking about participating in the cot\nect\ous v

to be a fantas­ Grades from page 1. tic show." She couldn't help understands why the process may take but add (may­ longer than some students would like. be as shame­ He explains, "you have to strike a bal­ less publicity ance between grading fair and grading stunt) that the quickly. It would be nice to have grades most fun she's early for the job application process, had so far was but it is more important to get them "shooting the correct." video where Some law schools have clear Terry Schoone- deadlines for when professors must Jongen takes turn in students' grades. For example, his pants off." one former dean of New York law These school explains that his school "had a enthusiastic requirement that faculty submit grades sentiments are within five weeks after the examination echoed by first date." Further, the school "imposed a time Law Re­ fine of $50/day on those who did not vue cast mem­ comply with the policy." However, "in ber Lindey In- any one year, only a couple of people graham. Ex­ did not get the grades in on time." As plaining why the former dean is no longer with the she decided school, he asked that his name and the to try out this school remain anonymous. year she says, According to Dean Maggs, GW "I went to the has taken a different approach. He show last year explains that the school has grading and could tell guidelines in place, but that the guide­ Aaron Joachim, Elizabeth Westbrook, and Maureen McGough perform with Motion to Quash at the DC9 that everyone lines are subject to exceptions. While fundraiser for Law Revue. in the cast was the particular numbers are worked out having so much Photo by Katie Earnest by the Records Office, Maggs states that fun and the au­ the school looks at the total number dience enjoyed of exams that each faculty member it so much I wanted to be a part of some­ played in almost a year to come up with will have to grade and then imposes Law Revue from page 2. thing that seemed to be so much fun and a guideline of grading eight exams a a second encore. Needless, to say we makes light of the stresses we deal with of this year's DC9 show. The crowd had a lot of fun!" day, seven days a week, beginning in everyday. I am really glad that I decided early January. He notes, however, that last Thursday was so large the bouncers The success and excitement of the to do it has probably been my most enjoy­ had t o turn away some thirty people at DC9 show mirror how the Law Revue a number of professors have reasons able extra curricular activity." for an exception to this deadline, such the door. The two Law Revue bands, board and cast feel about the show's Modest Schoone-Jongen puts it progress so far. Law Revue director as teaching a January course in the Restatement Third of Rock and Motion succinctly. "There's definitely still a lot of , Munich program or serving in other Maureen McGough gushes when asked to Quash rocked the law school audience hard work that needs to be done, but ev­ I roles, such as a dean of the law school. with covers of classics like "Piano Man" about how the show is coming together eryone involved is working hard and we'll Maggs states that "getting the grades and "Brick House." Motion to Quash saying, "I'm honestly shocked at how definitely get to where we need to be. We out is very important" to him because singer and Law Revue cast member Aaron fast everything has come together. I set a high standard for the show's quality he knows students need them in apply­ toyed with the idea of saying it was Joachim was thrilled with the evening: last year, and I think this year's produc­ ing for scholarships, job applications, going really poorly so that I would set tion will compare favorably to last year's." "The DC9 concert went incredibly well and the like. However, he notes that "I every one's expectations really low and Perhaps as one of the Music Directors I - we sold out the venue, had people danc­ don't think you'd want to go to a law they would be pleasantly surprised - but am biased, but I completely agree! ing in large groups by the stage, and the school where professors are asked to I have to be honest -1 think this is going band had to pull out a song they hadn't drop everything to do grading." Still, Dean Maggs personally monitors any the journal must attain and there is much areas of particular concern and points Myth from page 4. Journal from page 1. work that needs to be done. out that at least 95% of the grades are Questions or comments about the in on time, and that this year may have proposed Environmental Law Journal actually been better than most. petition," Anthony Prestia, the Executive school students expressing support should be directed to Dean Paddock. Editor of AIPLA. "That said, students and offering reasons as to why the with no real interest in doing journal work additional journal would be of great should not feel compelled to participate. benefit to our community. In this letter, Journal participation is a two year com­ Brett stated that, "[t]he student body is Want to Embarass that mitment and, at times, can require signifi­ deeply committed to journal writing cant personal commitment. Students that opportunities and continues to produce compete just to add a line to their resumes written work of the highest standard. Special 3L in Your Life??? will generally end up disappointed and, Accordingly, the opportunity to con­ in some cases, with four 'no credits' on tribute to this new journal enjoys the their transcript if they cannot satisfactorily utmost support of the GW Law School complete their assignments." student body." David Johnson, Senior Assistant Inaugural membership selection Dean for Student Affairs, concurred. is going to be a bit different than that "Journals - like skills boards - are not ends of the current journals. If the journal is to themselves, but rather opportunities. granted faculty approval by the end of Employers won't be that impressed if February or early March, then the hope you just get on a journal and only check would be for 1L students to participate Buy a Congratulations Ad cites, in the same way that getting on a in the normal law review selection pro­ skills board and only judging a first year cess. There is a little more discretion from the Nota Bene! competition doesn't carry much weight. regarding choosing managing students However, if you get on a journal and be­ and one option is to select students in come an editor or get your note published, consultation with the Environmental you have then accomplished something Law Association, but nothing has been Show Your Love For: and will be noticed, just like membership decided. For the first year, the goal is - Friends, Boyfriends, Girlfriends! on a skills board and excelling in a compe­ to implement the proper structures so tition is impressive. Ultimately, students selecting among interested students - Your Dean's Fellow! should focus their energies on activities to comprise the first group of student that interest them and that they have an managers has its benefits. - Anyone! aptitude for." Dean Paddock emphasized that On a personal note, Johnson offered he would prefer to have the journal up hope for non-journal members, saying, approved and in place by the time of "I had no interest in journals, was not on the 1L journal competition, but it is Email [email protected] today! one, and my life wasn't ruined." difficult to say whether that hope will become reality. There are still approvals February 11, 2009 Page 6 Nota Bene FEATURES

Restaurant (and Wine) Ask Yunji! BY YUNJI K IM Week in the District Columnist

BY JOON SONG Columnist Dear Yunji,

What the #$%! is wrong with our Internet? It's that time again! Nope—not for a nice malbec, which delivers great when one's dreams of getting a summer smoothness with notes of blackberry or P.S. Please include the "#$%!" and please include my name. job are dashed (that's every day for me). cherry, chocolate, and earth. It goes very well with steak and other red meats. Try Monday, February 16 is the official start Josh Borden of DC Restaurant Week, which means malbec from Argentina, specifically the Mendoza region. us hungry, culture-deprived law students Dear Josh Borden, can join the lobbyists, politicians, and You will even be able to find real lawyers in restaurants that have bargains in "big" wine countries like Your earnest anger moved me to put actual effort into writing this column. actual silverware. France. Reds from the Cotes du Rhone I went to the Computer Help Desk and asked them, in more diplomatic terms, So what does Restaurant Week or Languedoc will be a safe bet with what was going on with the Internet. A student employee was kind enough to give mean? It means that almost 180 DC area heartier fare, while sauvignon blanc me the best answers he could. He was technically not allowed to say anything, from the Touraine region of the Loire restaurants are having special prix fixe but it was his last day of work and he did not care. lunches and/or dinners at reasonable Valley pairs wonderfully with seafood Basically, no one really seems to know why our Internet connection keeps prices. Three-course lunches are $20.09 and shellfish. getting disconnected. The school started using a new system last fall to allow all Try doing some research before and three-item dinners are $35.09, not in­ students (even the ones with Macs or Vista) to use the Internet, and all of its kinks you go to your Restaurant Week res­ cluding tax, tip, and drinks, of course. have not been found or solved. One possible way of alleviating your problems is taurant. Hop online, look at the wine The drinks are where things can get not to use Explorer to connect to the Internet, but to install an icon on to your list, and pick a few that are within your interesting. You can have a glass ofwin e, desktop and use that to log in. (The Help Desk can help you with that). This price range. You could stick with the which will add $10.00-$20.00 to the system automatically attempts to reconnect to the Internet without you having varietals and regions you know, or you check. Or, if you're out with your friends to log in again yourself. or a "special friend" and you're feeling can up the ante: So keep on waving those angry fists Josh Borden. Someday we will have ARGENTINA extravagant, you can add a bottle of decent wireless Internet. wine. Now we're talking triple digits—as Great for malbecs and malbec blends (with merlot and/or cabernet). in money, not a potential tort case. Sincerely, There are a few ways to approach AUSTRALIA If you like smooth, opulent wines, this. The most common way is to get Yunji \ the best, most delicious wine for the least you can't go wrong with shiraz. Shiraz (a.k.a. syrab) is a comfort wine and \ amount of money possible. It is an es- Got a question about what's going around the law school, Foggy Bottom, or the goes welt with almost anything—you \ xabWsYved restaurant tact tYiat people don' t world in general? Email [email protected] and ask what's on your mind. Yunji ) order the least expensive bottle because can have it with your meat dish and fin­ / they don't want to look cheap, especially ish the rest of the bottle with a slice of has the answer! chocolate cake. on a date. Therefore, most people go for tors draw up proposals and hand the gov­ as does the President. As a result, they are CHILE the second or third cheapest bottle. ernment bids for a fixed amount of money. free to push their partisan and polarizing Really high-quality cabernet; but A less common way is known as The construction may go over time and agendas with little fear of political back­ try carmenere if you can find it—cher­ the "expense account" or "getting out of budget, but everyone knows there will be lash, even as they go against the desires ries, spiciness, and medium tannins. the doghouse" way, where a person goes a point where no more money is needed of an extremely popular president. for the most or one of the most expensive ITALY for the project. Social-welfare programs, Right now the federal government Sicilian Nero d'Avola is a nice, wines on the list. in contrast, carry on indefinitely. Sure, the has adopted a very dangerous stance of simple red that goes well with tomato- Both ways have their perils. Res­ package may say "X million dollars for Y looking for places where they can spend based sauces and pizza. Instead of taurants make most of their money on program over Z years," but at the end of money instead of thinking about where the wines at the bottom of the list be­ Chianti, try going for sangiovese, which Z years, that program or organization is they should spend it. Education is im­ cause they can charge a greater markup, is the primary grape in red wine from going to come back to Congress with its portant, but without any available jobs sometimes as high as 300 or 400% above the Chianti appellation. It's a nice red hand out, and most representatives will that degree isn't going to get you very far. wholesale! Thus, you often see bottles at with high acidity, again—great with be loath to say no, especially if the pro­ Yes, the National Mall looks like crap, stores for $15.00 sold at a restaurant for tomato sauces. gram is popular with their constituents. but so does the economic outlook. The $40.00. On the other hand, a restaurant SOUTH AFRICA Moneys set aside for education, scientific government needs to learn the lessons that can't charge 300% more on a bottle that Known for pinotage, which is research, and health care are exemplary an era of overspending and extravagance already costs $100.00. medium to full-bodied, with a natural of this problem. Giving handouts to have taught and come up with a bill that At the high end of the list, what smokiness that goes well with barbequed everyone who comes asking will create prioritizes instead of polarizes. you often see are wines—Napa cab­ meats. South Africa is starting to offer a dangerous habit of perpetual spending ernet, Italian brunello, and Bordeaux, some great inexpensive cabernet, and at a time when the federal deficit spirals for instance—that could probably use their sauvignon blanc and chenin blanc increasingly out of control. some cellaring time to mellow out and are solid white varietals. The stimulus bill has also re­ Fourth from page 2. become... well, drinkable. And even if SPAIN instated a regime of partisan politics at they are drinkable, they might overpower Garnacha (grenache) is an all- cases: the information had been provided a time when Americans were looking the food because they are so big and bold around good wine for lighter fare; al- by a Secret Service agent. forward to coming together and a break and assertive. barino is crisp, minerally, dry and great The gut reaction of any decent from the way government used to be. Al­ So what should you get when with seafood, while the less common person is probably that the sexual preda­ though the spending bill is often labeled you're dining out, especially at Restau­ txakoli is a very dry, semi-sparkling wine tor does not deserve protection, and that as Obama's, the fault doesn't truly lie with rant Week restaurants where the food that's superb as an aperitif. if it takes a false statement from one po­ him. It lies instead with Congressional prices are lower but the wine prices are Have fun, and bon appetit! lice agency to another to put him behind Democrats, itching to use their control of the same? bars, so be it. If we accept the Herring the two branches of government to push Try out lesser-known varietals DC RESTAURANT WEEK decision's view of the exclusionary rule as their agenda through as soon as possible. (types of grapes) and appellations (re­ February 16-22, 2008 a balancing of costs and benefits, it would While President Obama has decried the gions): you will find some wines with http://www.washington.org/ seem that the New Jersey court got it divisive politics of the past and spoken to great quality-to-price ratios. For instance, restaurantwk/ right. But Justice Ginsburg put forward a Republican leaders in a forum for debate if you find yourself at a steakhouse go critical, if understated, answer to the cost/ on the stimulus, the majority members of benefit approach in her dissent in Herring. the House have unilaterally put together She argued that an absolute application a bill laced with issues so partisan that other social-welfare type provisions will of the exclusionary rule (at least where Stimulus from page 2. there is no hope of building consensus. have little to no effect on creating or sav­ the origin of the error or violation is the As I stated in my last column, President ing jobs, increasing consumer spending, police) is justified on a rightful position But the problem with a lot of this Obama has to try and maintain support or benefiting businesses. The second issue theory. That is, by suppressing the fruits spending is twofold. First, many of the from moderates and even some conserva­ with these programs is that, unlike a fixed of an unconstitutional search or seizure, programs funded by the building have no tives, and so far he has made a concerted project like construction or moderniza­ the police are merely put into the same bearing on stimulating the economy. Such effort. However, Pelosi and others in Con­ tion, funding for social-welfare programs programs as the now-infamous Medicaid gress have no such concerns, because they lacks an end date. For a highway, contrac­ Sec Fourth on Page 1 funding for family planning services and do not represent as diverse a constituency Page 7

TERENCE G. SCHOONE-JONGEN Music Review: De Novo Days Franz Ferdinand

BV REID COPLOFF Details, Details Columnist

And here we are in February. What not necessarily, a Dean. I probably have It's hard to believe it's already on Tonight could have been on the band's happened to January? Or December? also forgotten the exact wording of the How did I manage to accomplish so little been five years since Franz Ferdinand self-titled debut. remark, but it was something like this: first lit up the music world with the Lead single "Ulysses" starts slow in four weeks? How will I now make up "Don't sweat the details." "Take Me Out," the catchy sing-along but turns into a quick burst of energy for that slack? When do I even have time I don t know if that's a set piece to read, let alone answer my emails? What that became shockingly ubiquitous in that's seemingly over as soon as it starts. for each orientation, but it should be. mid-2004. have I gotten myself into? Within a minute, the sing-along chorus, In fact, it would be nice if each in­ That was the summer that indie I once felt that way. Well, more complete with "la la la las," kicks in and coming student got a plaque with that rock became suddenly less indie. "Take than once. For example, I felt that way it's easy to remember why Franz was so comment on it. It is a true nugget of Me Out" fought for its spot atop the last February, about this time. I also felt much fun to listen to in the first place. wisdom, as evidenced by the fact that, charts with indie stalwarts like Modest that way about five minutes ago, when I That's the Franz template. Ease the like most wise sayings, it has more than Mouse's "Float On." Meanwhile The remembered, among other things, that I listener in and then hit them with a chorus one meaning. I can think of two, but Shins Braff-ed their way to success was supposed to have written and submit­ so powerful that they won't be able to get both assuredly are things all of us, as through Garden State. ted this article yesterday. Oops. But now away from it. A perfect example of this Type-A, detail-oriented persons, ought Franz Ferdinand, and more spe­ that I'm in the middle of it, I'm feeling a is "No You Girls," which adds a disco to reflect on. cifically front man Alex Kapranos, bit calmer. This calm is subject to change texture below Kapranos' croon before it On the one hand, there's the though, were the poster boys of the explodes into a soaring, shaky chorus. at any moment, true, but at least for now, meaning that speaker from orientations indie-rock-as-mainstream movement, "Twilight Omens" applies the same the words, they have a way of finding their long passed was trying to convey: don't short though it was. Kaprano's affected template to a slighdy darker sound as the way onto the page. Hopefully they arrive postpone dealing with the details. Fair singing hearkened back to '80s English song starts over a creepy keyboard line in some sort of coherent pattern. But that enough. You and I may be detail-ori­ underground staples like Joy Division until it, again, explodes into chorus replete is a judgment you, dear reader, are better ented, but that doesn't mean we aren't and Echo and the Bunnymen, while with stabbing guitars. qualified to make than I. also procrastinators. See generally my the angular rhythms and jittery guitar "What She Came For" uses a Anyway. To the topic at hand! Note decade-long history of the occasional brought to mind post-punk acts like bass-heavy intro to lead into the soaring that what now follows will sound like a all-nighter. So pay your damn bills the Josef K and Gang of Four. chorus. It's literally like Kapranos and digression, but it is not. day you get them, etc. By late 2005, Franz did something company made a list of different ways So, not so very long ago, when the On the other—and, in my opin­ their contemporaries in The Shins and to slowly lead into rousing choruses and weather was still hot and humid and you ion, the more interesting—hand, there's Modest Mouse couldn't do: follow-up tried a different method for each song. were dealing with the shock of having pur­ the idea that you shouldn't let the de­ their success with a good album. The There's really nothing much bad chased your first crateful of casebooks and tails dominate your field of vision to band lightly experimented with slower to say about Franz Ferdinand. If you supplements (as well as that paperback the exclusion of the larger picture. By songs and acoustic guitars on You enjoyed either of their first two albums, copy of Black's Law Dictionary—the one now, you've likely had the experience of Could Have It So Much Better, which you'll dig this. If you didn't, steer clear. the bookstore worker helpfully dropped going down the rabbit hole: you started was greeted with marginal success and The band mixes it up most notice­ into your crate—that you have not writing an exam essay, got hung up on more critical acclaim. ably on the eight-minute "Lucid Dreams," which finds Beaties-esque harmonizing consulted since the second week of Sep­ some detail involving the Rule Against Then the Scottish quintet all over a pounding drum beat which segues tember), you were herded into the Cloyd Perpetuities, wasted all your time there, but disappeared for upwards of three into a breathy electronic jam. It's akin to Heck Marvin Center or some other such and then either (1) had a panic attack years. Now, Franz is back with Tonight: the acoustic-tinged "Walk Away," from large building with a theatre or lecture with 10 minutes remaining in the exam Franz Ferdinand, and, well, they're still You Could Have It So Much Better. It's hall large enough to accommodate you upon realization of what you had done, Franz Ferdinand. Affected vocals? the one song that takes the band in a and several hundred of your soon-to-be- or (2) had a panic attack 10 minutes Check. Jittery guitar? Check. Short, somewhat different direction just when closest-friends-and-bitterest-enemies. In after the exam when you heard your catchy songs? Check. Huge, soaring the listener is almost lulled into thinking this large room, a succession of important friends talking about that particular question. Either way, you had trouble choruses? Check. Yep, still Franz Fer­ every song is the same. persons got up and addressed sundry re­ With Tonight, Franz Ferdinand marks to you. You listened, you laughed, breathing for a minute there. dinand. With the exception of "Bite has returned to a sound that they never you learned, you went to the reception We've all been there, and will Hard," which finds Kapranos slowly really left. With each successive album, afterward and weren't sure where to put probably go there again. To an extent crooning over the piano for nearly a Franz moves not so much forward as to your crate, which was a problem as you getting bogged down in the details is minute until the rest of the band kicks somewhere nearby and familiar, making needed free hands in order to enjoy the what we do here (and, arguably, what in and takes it over, any one of the songs me surprisingly nostalgic for 2004. hors d'oeuvres. we are here to do). At the same time, it is advisable to try to keep one eye on Me, I remember some of that, the Court accepts, and even assumes, have revealed inherent flaws in the Fourth the bigger picture. This applies not just except for the part about the crate, be­ that certain unconstitutional police Amendment. Maybe we can no longer to your Property exam, but to your daily cause I tend to procrastinate on textbook activity is to be tolerated. afford to share our liberty with thieves interactions. Personally, few things purchases. I'm not proud, just honest. When I asked him whether he and murderers. But if that is the case, the make me sadder than hearing detailed I do remember the appetizers. Mmm, agreed with Justice Ginsburg's analysis, answer is not in gradually chipping away conversations about Trusts and Estates pepper jack cheese cubes. But, admit­ Professor Butler responded, as profes­ at the Constitution by carefully worded when two friends run into each other tedly, apart from the fire-and-brimstone sors do, with a question: "When people Supreme Court opinions. Rather, as on Monday morning. Certainly we ethics sermon, I don't remember many complain about the exclusionary rule, Justice Douglas reasoned in his dissent­ have more to talk about than school. of the remarks that day—except for one. are they complaining about the rule ing opinion in Terry v. Ohio, the answer Certainly we have more in common I do not remember who said it, but the or about the Fourth Amendment?" is and always has been in Constitutional than this. Here's hoping, anyway. speaker was a He, and was probably, but Experience and a changing world may amendment. would argue that it is different only in Fourth from page 6. degree, not in kind, from the rationale in Herring. Need to Get ition they would have been had they The Fourth Amendment provides engaged in the unlawful conduct. no remedy for its violation. Yet early on The idea seems circular until you the Supreme Court realized that to give the Word Out? : it to its logical end. Imagine it any effect at all to the Amendment, a e were no constitutional bar to police rule was necessary to exclude the fruits ly entering and searching homes at of police conduct obtained in violation Put an Ad in the Nota Bene! lorn. Without a doubt, police would of the Amendment. Of course the rea­ ible to uncover substantial criminal son this is a proper remedy is because vity that would have otherwise gone it has a deterrent effect on unlawful loticed. They would find murder police conduct. But it seems like the pons, drugs, gambling activity, and Supreme Court's recent jurisprudence, Email [email protected] arth, and the corresponding criminals culminating in the Herring decision, lid be brought to justice. I think the has confused the mechanics of the for our publishing schedule! reaction of the decent person might be exclusionary rule with its underlying ;rent under these circumstances. It's purpose. By focusing exclusively on the xtreme example, but Justice Ginsburg deterrent effect at work in a given case, Page 8 Nota Bene February 11, 2009 THE BACK PAGE

VALENTINES HAY SPECIAL

ARIES (MARCH 21—APRIL 19) Valentines Day is a day for love, not restraining orders. Cool it.

TAURUS (APRIL. 20—MAY 20) DOCKET Love is a many-splendored thing - but cash is so much better. GEMINI (MAY 21—JUNE 21) You already know your Valentines Day is going to suck, so why law school events don't you just chug that bottle of tequila now and get it over with? CANCER (JUNE 22—JULY 22) A Shamwow is not an adequete Valentines Day present. At least Thursday February 12 shell out for a Snuggie... Information Session for the Augsburg Summer Program LEO (JULY 23—AUG. 22) in European and International Economic Law Instead of that fancy steak dinner you were planning, how about Come learn about this exciting Summer Program. Students you make your Valentine anything from http://thisiswhyyourefat.com? register, pay tuition, and receive credit through G.W. Dean VIRGO (AUG. 23-SEPT. 22) Gregory Maggs will be teaching Comparative U.S.-European You may say that Valentines Day is just a holiday made up by Contract Law in the program this summer. Hallmark, but we all know the truth - you just couldn't get a date. 11:00AM- 12:00PM, S301 LIBRA (SEPT. 23—OCT. 23) Give your Valentine a subscription to Nota Bene. The ink Monday February 16 smudges on your hand will be a tender reminder of your love. Presidents Day Holiday SCORPIO (OCT. 24—NOV. 21) No Classes Held. Avoid the color red.

SAGITTARIUS (NOV. 22—DEC. 21) Tuesday February 17 Discussing Property Law is not romantic conversation. BAR/BRI Table Day! Dust off those old social skills and talk about real life for a Please stop by the info, desk today to sign up for BAR/BRI, change. pick up 1L and upper-level resources, check your account, and CAPRICORN (DEC. 22—JAN. 19) learn about upcoming bar deadlines. We are here to answer all Your love is like an old Hershey's kiss - you stay all r- 1 11 • year in someone's coat pocket until one rainy afternoon, you make ot your bar exam and bar preparation questions! someone say "Hey, chocolate! All right!" Thursday February 19 AQUARIUS (JAN. 20—FEB. 18) Free tip: No one ever actually says "He went to Jared." DC Area Law Alumni Happy Hour More like, "Why the hell didn't he go to Tiffany's?" The George Washington Law Alumni Association invites PISCES (FEB. 19—MARCH 20) Law School alumni to join us for our first DC Happy Hour Love means never having to say "Hey, stop stealing the covers." of 2009! RSVP by Feb 17 with your name, degree & year to [email protected] or 202.994.7166. Please include "Co Co. Sala" in your message. 7:00PM 9:00PM, Co Co. Sala Chocolate Lounge & Bou- tique Hearsay Function: noun Friday February 20 1 : s ome random evidence term 2 : h ilarious statements made around GW Law Annual Government Procurement Law Program's Alumni & Friends Luncheon Join GW Law's Government Procurement Law Program for their Annual Alumni & Friends Luncheon in conjunction with Overheard in Constitutional Law: the West Government Contracts Year-in-Review Conference. Justice Brown was all but forgotten. And good riddance - he was a jackass! RSVP by Feb 17 with your name, degree & year (if applica­ ble) to [email protected] or 202.994.7166. Please include "Ok, say an Olympic swimmer was caught taking a hit off "Government Contracts Luncheon" in your message. a bong. And the government wanted to launch an 1:00PM, Omni-Shoreham Hotel investigation into his alleged bong-hittery..."

Saturday February 21 Overheard in Trusts and Estates: "He had as much sex appeal as a bowl of macoroni National Security Law Moot Court Competition and cheese."

Spring Mock Trial Competition Preliminary Round Overheard in Trademark: This is the card that you send to the person you're in Monday February 23 a relationship with when you've slept with someone Is Chinese Law Different? by Professor Donald Clarke else. The Global Workshop Series presents Professor Donald Clarke, GW Law Hear something funny in class or around the law School speaking on "Is Chinese Law Different?" school? Email Hearsay at [email protected] 3:50PM-5:50PM, E312