Alum Takes Unique Path A Society Starving for Justice Status Quo or Privatization? So often students become The Terri Schiavo Social Security consumed with finding a debate has only just continues to be a hot- “legal” job. C-M alum, begun. The Gavel dives button topic for many Carl Stern, ‘66, who used into the controversy that Americans. Gavel his law degree to embark has consumed America columnists discuss upon two non-traditional and explains how Terri’s whether Pres. Bush legal jobs, discusses non- death was an injustice in is Chicken Little or traditional law careers. a civilized world. Merlin the Magician.

CAREER, PAGE 4 OPINION, PAGE 6 OPINION, PAGE 9 THE GAVEL VOLUME 53, ISSUE 5 APRIL 2005 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW

Side Bar C-Mʼs 90 percent expanded, at job placement: least for now fact or fiction? By Chris Friedenberg STAFF WRITER By Ryan Harrell on overall rankings by publica- A student-led initiative has STAFF WRITER tions such as US News and World resulted in extended hours, ex- Whether a law student is near- Report, individual law schools panded offerings and improved ing the end of the third year or have little flexibility in tabulating service at the Side Bar, the law starting orientation, one ques- their own numbers. school’s snack bar operated by tion is paramount: What are the In addition, because of the Aramark. But Cleveland State chances of employment for a re- competitiveness among law University and Aramark officials Peter Kirner-Gavel cent Cleveland-Marshall College schools, much of the raw data said that some of the improve- of Law graduate? According to compiled by the office of career ments would only be temporary C-M’s Office of Career Planning, planning is not a matter of public if revenues do not sustain the new 90 percent of the class of 2004 record, said Geneva. offerings. found employment within nine The term “employed” has spe- On Oct. 20, the Student Bar months of graduation. cific meaning within this survey. Association (SBA) passed a reso- Numbers can be used to say al- While most students understand lution to create a food service most anything, so a little illumina- the term to mean full time em- task force charged “to investigate tion of the terminology and meth- ployment as an attorney in a firm, and promote the wants and needs “You think God is a Republican or odology of this survey is needed agency or other legal organization, of C-M students with respect to for a fuller understanding. the term used in the survey has a the food services provided at the Democrat? God isnʼt even American.” All law schools that conduct broader meaning. law building.” The resolution Controversial talk-show It is speculated that job placement surveys are required For instance, if a graduate is also expressed the desire that the host Jerry Springer visited C- Springer may someday run to adhere to standards set forth by working in a law clerk position snack bar be open from 7:30 a.m. M on April 29 to speak about for governor of Ohio on the the American Bar Association. that could otherwise be filled by a to 8 p.m. politics in America. Springer Democratic ticket. Prior to his C-M Director of Career Services, student, that person is employed Scott Kuboff, 1L, the Senator focused his lecture on Ohio talk-show, he held the office of Jane Geneva, explained that be- within the context of the survey. who authored of the resolution, politics, especially regarding Mayor of Cincinnati. cause job placement rates have an Likewise, if the graduate worked See FOOD SERVICE, page 5 education. Turn to page 3 for more. impact of as much as 12 percent See SURVEY. page 5

hould kn Teaching ethics, not the MPRE s o By Michael Luby ity. Lazarus said that many stu- general but because the MPRE w u Opportunity STAFF WRITER dents today have become obsessed is required to practice law, there o . . Y According to the National with the Bar Exam, and to a lesser should be some emphasis on the . to vote on Conference of Bar Examiners extent the MPRE, often indicating test as well. (“NCBEX”), responsible for the that they would much rather just Both Snyder and Lazarus uti- the U-Pass administration of the Multi-state learn the rules, and in essence, lize essay questions on exams, but Professional Responsibility Exam the test. Lazarus said he believes Lazarus also uses multiple-choice (“MPRE”), “Students who have he owes a duty to train students questions with as many as seven taken and received a two or three to be professionals, including the possible answer choices. Lazarus On April 18, the student government association (the credit law school survey course in methodology of approaching a believes this method helps to give undergraduate governing body) will hold its general elec- professional responsibility should real-life legal problem, not merely students a feel for the MPRE exam tion. There are two major issues on the ballot. be reasonably well prepared to to recite the subject matter of any and it forces students to logically The first issue is whether the university should continue take the MPRE.” specific course. deduce the answer. the U-Pass program at a cost of $25 per student (this is a John Orlando, 3L, disagrees Prof. Lloyd Snyder agreed, Lazarus said the political cli- ten dollar increase from last year). that taking a professional responsi- stating that the format of the mate of the Bar Exam and the The second issue is whether the U-Pass should apply bility course prepares students for MPRE seems to make sense but MPRE was much easier 20 years to all full-time and part-time students (graduate and under- the MPRE. Orlando said his legal each state accedes to its own spe- ago. Today, a practice-oriented graduate). Law students will be able to vote on this issue profession course inadequately cific ethics rules. Snyder said it classroom is necessary to prepare on April 18-20 in the business school or the UC. prepared him for the MPRE. is difficult to identify which rules students for the real world, said Prof. Stephen Lazarus, said he, to teach and it is better to help Lazarus. Many professors across along with most professors, do not students understand the process by the country stress the learning be- approach the course with the inten- which to understand the answers. hind the test and not the test itself Information courtesy of Nick DeSantis tion to teach the MPRE, but rather Greg Mussman, 3L, said it is because that is the essence of law to teach professional responsibil- important to teach legal ethics in school, said Lazarus. THE GAVEL Page 2 LawLaw April 2005 Part-time program is Faculty honors studentsʼ best interests By Jamie Cole evant changes, it is clear that the are scheduled within a 24-hour and including this spring 2005 here full-time Kerlee majority of students do not know period. After looking at the SBA semester. By Steven H. Steinglass STAFF WRITER about the changes that have been proposal, Werber proposed that Other changes that have been C-M’s part-time program is the Over the past couple implemented. students should not be expected to made without attracting the atten- oldest in the state. Its durability rests of years, the Academic A recent and significant change take two exams on the same day, tion of the student body include on the reputation of five generations of Standards Committee that directly impacts students is a slight variation on the SBA’s the following regulations: distinguished lawyers, judges, business (“ASC”), chaired by found under Regulation 3.5: Ex- recommendation. Incomplete grades: An exten- persons and public servants throughout Prof. Stephen Werber, amination Scheduling. More than On their face, the two pro- sion can now be granted upon the country who owe their success to the has been actively work- two years ago, students were, at posals seem similar, but their a showing of “good cause,” as hours that remained after ing to modify C-M’s times, scheduled to take an exam implications are very different. opposed to the previous “higher a full-day’s work or to the academic regulations. standard.” hours they pried from their The ASC is comprised Credit for courses taken at daytime schedules to spend of four faculty mem- other schools: Students can now in C-M’s classrooms and bers and two students. take 30 credit hours outside C-M, library. And its durability With the strong push for instead of the previous 27. The rests on its flexibility: the changes and the success- Grade dispute procedures: Dean’s opportunity to study part- ful results of the ASC’s Amendments added the require- time by day or part-time in efforts, it appears as if Column ment of meeting with the faculty the evening or to combine a vast majority of the member as the first step and ex- the two programs. C-M student body is pressly provides for students to Part-time law students are admitted unaware of the changes be granted permission upon proper under the same academic standards as and how those changes request to review grade sheets full-time students, and we expect of affect them and their law submitted before and after students them the same discipline and dedication school. were identified (confidentiality is that we expect of our full-time students. Werber explained maintained because all So it is gratifying that, despite the mul- that there has been a student names are deleted tiple pressures on their time, most often breakdown in communi- before a student may they excel in their coursework. In fact, cation between all of the view the grade sheet). though it is surely difficult for students parties involved in this Graduation honors: working full time to participate in our expansive modification in the morning, followed by an Honors are awarded clinics, externships, Moot Court Pro- process. evening exam and potentially an based solely on grades gram, Law Review or the Journal of Law The committee is not exam the following day. earned at C-M, as op- and Health, several do just that. responsible for reporting The strain created on these posed to the previous Moreover, part-time students bring the amended changes to students due to such an exam inclusion of transfer special gifts to the student culture of the students. Such re- schedule has been alleviated by credits. C-M and to legal education in general. porting is the role of the the recent amendment to the policy Dismissal/probation Many are older, many have already administration. The ad- following an amendment put in Specifically, under the SBA pro- regulation: A student must have a earned post-graduate degrees and many ministration does make last year. posal, a student who had a night GPA of 1.8 instead of the previous already have established themselves in available hard copies of Last year, an amendment to exam followed by an exam the 1.75 in order to petition for a one such demanding careers as teaching, student handbooks as the policy allowed a student to next morning would be able to semester probationary period. medicine and engineering. Many are well as posts the amend- reschedule an exam if the student reschedule an exam because the According to Werber, these parents; a few are grandparents. Often ed regulations on the was scheduled to take three or two exams fall within a 24-hour changes demonstrate two things. they have already learned the value of C-M website. more exams in a two-day period. window. Under Werber’s proposal First, the changes demonstrate discipline and hard work. They have To some degree, stu- The recent amendment takes last to the faculty, a student with the the faculty’s ability to recognize mastered the art of juggling many re- dents have a responsibil- year’s change one-step further. above exam schedule would not and meet C-M students’ needs. sponsibilities and fulfilling competing ity to make themselves After researching various law be able to reschedule because Second, the changes demonstrate obligations, and they have a heightened aware of their governing school exam policies, Nadine the exams do not fall on the day that the ASC functions not only sense of the seriousness of learning regulations, said Werber. Ezzie, chairperson of the SBA’s calendar day. to benefit C-M’s reputation, but their new profession that makes them Whether or not someone Exam Policy Task Force, proposed Werber’s proposal was ad- also the students who have been especially diligent and especially good should put out a direct that students should be able to opted at the April 7 faculty meet- negatively impacted by some of role models. email regarding the rel- reschedule exams if two exams ing, going into effect immediately the previous standards. In recent years, our part-time stu- dents have had greater problems pass- ing the bar. The difficulties they must overcome are not in ability or in com- mitment. The difficulties are lifestyle challenges: the challenges of what in In the end, GOP reinforces culture of life essence becomes the burden of holding By Kathleen Locke of life.” euthanasia. down two demanding jobs at once: the STAFF WRITER If we learned anything from the past The Schiavo case, even if the legislature studying job and the wage-earning job The recent media spectacle known as election cycle, it should be that if politicians had no business involving itself in it, pre- or the studying job and the child-raising the Terri Schiavo case has brought attention tell you that something is not a political is- sented an opportunity for the Republicans to job. Recognizing this, last year the fac- to the crossover of politics and the law. In sue, it should send red flags flying. The real- push their moral agenda, and no one could ulty approved a bar-passage course and the increasingly polarized and wide-spread ity of modern politics is that the stakes are pass on a chance to back the Democrats into assigned Assistant Dean Gary Williams reach of American politics, it is perhaps very high when it comes to important issues a corner. The Democrats were so scared to to develop the materials and teach the unrealistic to expect that these two areas can that draw widespread public attention and pick a side that most of them didn’t even course. The ABA now allows C-M to remain distinct from one another. debate. So, should we criticize politicians show up to vote. offer academic credit for the course. Led by House Majority Leader, Tom for trying to intervene in highly publicized Almost every public opinion poll, scien- In 1998, faculty, students, staff and DeLay, Congress debated the Schiavo case case with moral and social ramifications? tific or not, showed that the American public alumni drafted an ambitious strategic by rejecting the opinions of medical experts Isn’t this just politics as usual? did not think that Congress had a right to plan that charted the path toward an and any findings of fact by the courts. The courts, in adjudicating the Schiavo intervene in the Schiavo case. However, academically stronger law school and an While Congress debated, one message case, looked at all of the facts and issues that there is something to be said for appeasing enlarged national presence. Maintaining that was continually repeated by Republi- might be relevant to the case. The politi- your constituents, and even if Republicans the part-time program was an essential cans was that “this was not a political issue,” cians, although they might have sympathize are being criticized now, next year is an component of the first plan. We have but one that involved the life of a woman with her case, were no doubt looking for election year, and these issues will be fresh now begun the process of envisioning who was being sentenced to die at the hands future political gains by making a state- in the minds of voters. the next five years; we remain com- of the Florida judicial system. ment on this particular case. When Bush The Republicans might not have won mitted to the part-time program, to the Upon listening to the debates, the words said he was looking at “the culture of life,” the Schiavo case, but they succeeded in flexibility of access it offers and to the “this is not a political issue” were reiterated. he was talking about the Schiavo case, but reinforcing their position on “the culture of outstanding students it attracts and edu- This was the same phrase President Bush he was also referring to such hot-button life,” which might prove to make them the cates. As always, we expect the best. alluded to when he referenced the “culture issues as abortion, stem-cell research and biggest winners yet. THE GAVEL  LAW APRIL 2005  3 Drug convictions extinguish federal aid By Eric Doeh preferred not to speak against reform, as said that there have been over seven million Catherine Buzanski, C-M’s financial aid MANAGING/NEWS EDITOR did Prof. Kevin O’Neill. marijuana arrests since 1993. director, said that a student’s ineligibility for Recently, C-M’s Criminal Law Society When asked why he believed that the Notably, 88 percent of all marijuana ar- financial aid depends on when the convic- hosted what was supposed to have been a U.S. Attorney’s Office decided not to par- rests are for possession, not manufacturing tion was and if the student went through a proctored debate to discuss the decrimi- ticipate in the debate, Gilbert said, “I have or distribution. rehabilitation program. nalization of marijuana and a little known no idea why they wouldn’t debate me, but The HEA’s drug provision, enacted in Under the HEA provision, a person provision in the Federal Higher Education I suppose it has to do with the hypocrisy of 1998, denies federal aid to anyone convicted convicted of a drug offense for the first Act (HEA) aimed at denying federal aid the anti-decriminalization position, which of a state or federal drug offense. time is denied financial aid for one year. to anyone convicted of a drug offense. flies in the face of reason and good public “Possession offenses have an impact on The second offense bans the student from Decriminalization involves the removal of financial aid for two years and a third con- criminal penalties for possession of mari- viction carries an indefinite suspension of juana for personal use. HEA’s drug financial aid. Decriminalization, as opposed to legal- In fact, a worksheet is even provided ization, does not make possession of mari- provision in the Free Application for Federal Student juana legal, rather, it makes possession a Aid (FAFSA) to explain the timing of the lesser offense subject only to minor fines. denied conviction and rehabilitation program. The Criminal Law Society consists of More than 200 organizations and 115 students and recent graduates who are inter- financial aid university and college student governments ested in both the prosecutorial and defense nationwide have called on Congress to aspects of criminal law. The organization to nearly repeal the HEA’s drug provision. was able to schedule Terry Gilbert, a partner Representative Barney Frank (D-Mass.), at Friedman & Gilbert, who spoke in favor 160,500 with the support of over 50 members of of the decriminalization. But, the organi- Congress, have proposed the Removing zation was unable to secure a speaker who applicants. Impediments to Students’ Education opposed decriminalization. Act (RISE), that would repeal the According to Meghan Schane, 3L, and HEA’s drug law. president of the criminal law society, “I e- Some state legislators are also mailed NIDA (National Institute on Drug strong opponents of the drug pro- Abuse), and they informed me that they vision. The Delaware General As- would try to locate a speaker, but then I sembly, along with that of Arizona never heard back from them.” and Rhode Island, have passed Schane contacted Ronald Bakeman of resolutions calling on the U.S. the U.S. Attorney’s Office for the Northern Congress to repeal the law. District of Ohio, but he never returned her Even Rep. Mark Souder calls. Schane also tried contacting Judge (R-Ind.), the author of the Michael Corrigan of the Court of Appeals policy.” HEA’s drug law, conceded of Ohio Eighth Appellate District, along Marijuana is presently decriminalized that it has had unintended with Judge Daniel Gaul of the Cuyahoga in 11 states: California, Colorado, Maine, consequences. “This provi- County Court of Common Pleas, but was Minnesota, Mississippi, Nebraska, Nevada, sion was clearly meant to unsuccessful. New York, North Carolina, Oregon and federal apply only to students con- “I am still wondering why we had such Ohio. In these states, cultivation and dis- student victed of drug crimes while a difficult time securing a speaker for the tribution remain criminal offenses. loans and receiving financial aid, not to ‘con’ side of the debate. It seems if you are “Legalizing marijuana would benefit involve a gradu- applicants who may have had willing to charge people with the offense society by eliminating the black market and ated disqualification de- drug convictions in years past,” and make them face the consequences, you allowing for tax revenues. Also, it would pending on how many convictions,” said Souder. would be more than willing to back up the open the door for medical uses, which the said Gilbert. According to Rhode Island State Rep- reasons why, when asked to do so,” said federal government, despite study after According to U.S. Education Depart- resentative Joseph Almeida, “The HEA Jessie Gordon, 3L, vice president of the study, refuses to recognize,” said Gilbert. ment statistics, the HEA’s drug provision anti-drug provision wrongfully denies equal criminal law society. According to a 2003 survey conducted has denied financial aid to approximately opportunity for education to young people Schane even tried to contact some of by the National Survey on Drug Use and 160,500 applicants, but there is no way to who have made mistakes in the past. We C-M’s faculty, but again, her efforts were Health, between 95 to 100 million Ameri- measure how many others with drug con- should let these kids move on with their to no avail. Prof. Adam Thurschwell was cans admit to having tried marijuana. victions have not bothered to complete the lives instead of holding their mistakes unavailable at the time of the event and The Federal Bureau of Investigation financial aid form. against them by denying financial aid.”

Springer declares new political agenda for Democrats

By Jason Smith Because Springer did not have been consolidated among those opportunistic. from the audience. A man asked CO-EDITOR-IN-CHIEF prepared notes, he was able to with extremist viewpoints. The Turning to Ohio politics, how the Democratic Party can On March 29, Jerry Springer, expand and modify topics that result of this, Springer said, is that Springer noted that a significant redeem itself in the wake of its political commentator, notorious seemed to resonate with the crowd most Republican voters do not number of Ohio’s brightest univer- reduction to a minority party. talk show host, radio personality, of over 200. Springer said, “The actually have their interests rep- sity students do not stay in the state Springer responded by saying that Northwestern University School Republican Party has been hi- resented. “Republicans today run after graduation. In Springer’s the party needs to be more vocal of Law graduate and possible jacked by people [who] will not [for election] on cultural issues, view, this is due to a public percep- and that Democrats must take the candidate for governor of Ohio, compromise.” but govern on economic interests tion that Ohio does not embrace opportunity to show that they do spoke at C-M. According to Springer, the that benefit the rich and powerful,” progress or tolerance. stand with the general interests of The event, made possible Christian right has been used and said Springer. “Morality is not up Springer saw the culminating a majority of Americans. through the efforts of the Demo- played. Springer said, “Bringing for a vote.” point of the perception with the When asked about his ideas cratic Law Organization (DLO) religion into politics demeans reli- Springer took particular um- passage of Ohio’s anti-gay mar- for Ohio educational reforms, and Student Public Interest Law gion and destroys politics.” brage to the term “culture of life,” riage constitutional amendment, Springer subtly framed his answer Organization (SPILO), drew an Springer referred to the Terri which he believes is hypocritical but also noted legislation such in hypothetical form, while hint- audience consisting not only of Schiavo legal and political debate and overly simplistic. as the pending Academic Bill of ing at rumors that he will run for C-M students and faculty, but also as an “obscene, pandering circus” Citing Bush’s oversight of Rights Act, which he thinks sends governor. a number of CSU undergraduates to outline hypocritical actions of more executions than any other a negative message to those in the Springer distilled his view to as well as active Democrats from the Republican Party. Springer contemporary governor, as well academic community. three main proposals: a stronger the Cleveland area. said, the Republicans are “turn- as Texas legislation signed by “If Ohio wants to go back to commitment to early childhood Maureen Foley, 2L, said that ing Terri Shiavo into a bumper Bush that allows hospitals to the 1950s, the only people who education; smaller classroom Springer’s speech “did not express sticker.” make life-support decisions in will still be here are those who sizes to increase the influence of revolutionary views, but was The bottom line of Springer’s certain circumstances and Tom were alive in the 1950s,” said a teacher in the life of a child; and maybe the kick in the pants that arguments was that even though DeLay’s own decision to take his Springer. free college tuition to math and Democrats need.” the Republican Party includes father off life support, Springer Even though Springer’s speech science majors who will commit to Springer’s speech was broad a wide spectrum of people with dismissed actions of Republican ran overtime, he was to able ad- teaching that subject in Ohio pub- in topic, but focused in intensity. various viewpoints, power has leadership as grandstanding and dress questions and concerns lic schools for a certain period. THE GAVEL Page 4 CareerCareer April 2005 Balancing effectiveness Alum takes J.D. to the beat C-M alum takes advantage of the versatility inherent in a law degree with I traveled a different road three times appreciated the complexities of actually do- now – using my law license for some pur- Three careers – all deeply ing the stuff. Few issues present a quick and efficiency pose other than practicing law. The fact involved in the law, but easy answer. I was constantly reminded of is, there probably is no other professional the old Washington adage that if you want By Karin Mika training than law school that leads as well, not lawyering. to be loved, get a dog. It is the hardest, LEGAL WRITING PROFESSOR and as often, to careers in other fields. Sure, it is more fun to most bruising – and most stimulating and Q: What are your thoughts on I began using my first baby-steps knowl- fulfilling - work you can imagine. I urge all computer v. book research? Do edge of the law even before I left C-M. As preach than to practice. of you to devote at least a portion of your you suppose that books will become a reporter at Channel 3, I covered the Sam But it too is a life in the working life to being on the “inside.” obsolete? Sheppard retrial and a variety of other legal I mentioned love. Why do we say we A: I don’t know if all legal re- stories. I broadcast a three-times-a-week law. I hope I have done love the law? There’s nothing lovable search books will become obsolete, commentary called “Lawbeat” on the NBC something useful along about it. But I came to realize at the Justice but certainly some of them will, ei- radio network out of Cleveland. Department that even if the law doesn’t ther because of practicality or of the It astonishes me to think I “knew” the the way. work perfectly all the time, it represents cost of producing them. Shepard’s law. How presumptuous – and mistaken. By Carl Stern ‘66 our aspirations, none greater than when we Citation is probably the number one Forty years later, I continue to discover represent the people. Surprisingly, I found example. As opposed to many of some- being a government em- my colleagues, I do not subscribe thing new ployee highly inspirational to the belief that there is an inherent about the – an emotional high. problem in becom- law every Career number three Legal ing overly dependent day, and came as an offer too good to on the computer to I’ve just refuse – an academic chair Writing do research. If the scratched at Washington, D.C.’s larg- computer is used the sur- est and most bustling uni- correctly, it cuts most every research face. versity. I teach media law, project down to less than 25 percent I’ll ethics and a course on the of the time that it normally takes. This tell you courts and the Constitution could be a blessing for bosses and a secret - – mainly to undergraduates clients alike – and we’re not talking - the best but to students from all Lexis and Westlaw here. Most of p a r t o f over George Washington the information you get from those learning University. databases can be acquired from other the law Teaching comes natu- sources on the Internet. It just takes i s s t i l l rally to most law school more time to hunt them down. to come. graduates. I think there is The key phrase, however, is “if You will an urge in every lawyer to the computer is used correctly.” Too delight in explain and describe what often legal research is confused with adding seems important. printing everything the student can to your It would be nice if we find on a particular topic. If that’s knowl- could attach an external how computer research is conducted, edge of cable from our bodies I suspect the book research wouldn’t the law York Gov. Mario to the students and be much better. It has to be under- throughout the rest of your lives, no matter Cuomo. let them download stood that the computer is no more what you do. It will bring you unexpected Journalism what they need than a speed reader of all the books pleasure. and law draw to know. But in the library, and if the student does I left Cleveland when NBC sent me upon the same that would not know what book he/she would be to Washington to cover the U.S. Supreme aptitude. A lawyer deprive looking for, the student can’t possibly Court and other legal doings. The American struggling to identify stu- know how accomplish the task on a Bar Association said I was the first broad- the issue in a case is dents computer. cast reporter to cover the legal beat. I did doing the same thing as and I am often told that practicing it for 26 years. Today, legal reporters and a journalist looking for teach- attorneys complain that law students commentators are old hat in the news media the lead. Both occupations ers of the cannot do research without the com- – but it is a hat you might enjoy wearing. require skill in handling ab- greatest pleasure puter. I think the real complaint is As I reached retirement at NBC, one of stractions and reducing them – seeing the student come that law students tend not to know my colleagues was another C-M grad, the to words. Contrary to common to understand. Working one- how to use the computer effectively redoubtable Tim Russert. perceptions, most lawyers and on-one with students, and feeling and with economic efficiency. To that I am hesitant to use the term “an intel- judges write very well, indeed. the impact you are having on them, is end, what is probably required is more lectual feast,” words that got Robert Bork When Bill Clinton was elected Presi- far more satisfying them addressing 20 instruction in computer research, not in trouble, but covering the courts was dent, his transition team asked me to recom- million people on television. Television less instruction. certainly a sumptuous smorgasbord for mend steps to make the Justice Department is a one-way medium. You can’t see that Students need to understand the anyone interested in the law. Among other and other federal agencies more open to the you are actually reaching your audience as utility of using the computer in some things, I got to cover the trials of Jimmy press. That resulted in career number two. you do it. instances while appreciating the ad- Hoffa, Muhammad Ali, Patricia Hearst, I spent almost four years as Janet Reno’s Three careers – all deeply involved in vantages of books in other matters. John Hinckley, Oliver North and all the director of public affairs. I arrived four the law, but not lawyering. Sure, it is more For example, it would be senseless, Watergate cases. days before Waco! fun to preach than to practice. But it too is a inordinately time-consuming and I traveled around the country inquir- There is much challenge – and much life in the law. I hope I have done something a possible act of legal malpractice ing into disputes that had reached the high satisfaction – in speaking for a law enforce- useful along the way. to shepardize a case with the books courts. I even got to the International Court ment agency and trying to explain in simple I must acknowledge one disappoint- when it can be done accurately in at the Hague for the U.S. suit against Iran for terms what the agency is doing. When I was ment. I spent much time writing an article ten seconds on the computer. By the the 1979 takeover of the American Embassy in law school, I could never have contem- for the C-M Law Review in the 1960s same token, it would be absurd (and in Tehran. plated using a legal education to explain the entitled, “The Compensability of Non- costly) to spend hours reading a full I will say flat out that I consider law a posse comitatus act to some editor in Tampa, Traumatic Ulcer.” In it, I argued that ulcer title of the U.S. Code on the computer higher calling. Its requirements are more but it is still a good way to justify the years should be compensable under the workers’ when the student can scan a book demanding. The standards and responsibili- you spent in law school. compensation laws, just as much as heart pulled from the shelf. ties are more exacting. But journalism is Daily immersion in governmental deci- attacks or stroke. Recently, I checked. No All of this knowledge takes ex- more fun. Numerous times, public figures I sion making was an eye opener. Although court anywhere in the country has ever cited posure to both media, as individual interviewed said they really wanted my job. I had covered the Justice Department for a it for any proposition! sources used in tandem. One person who told me that was then New quarter century from the sidelines, I never I wish you better luck. THE GAVEL  CAREER APRIL 2005  5 Up close and personal with Mearns By Kathleen Locke dents will be? and mission of the law school the tension lies. rable to grades from students in STAFF WRITER A: I am hopeful that, by the while addressing the bar passage other law schools, such as Case. Recently, I sat down with second year, I will be teaching a rate issue. Another strength is the Q: What is the bar passage A: My preliminary thought Geoffrey Mearns to discuss some class. I’ll look for opportunities to depth of the faculty’s teaching rate plan? is to communicate with prospec- of his goals and plans as the new interact with the students whether and other professional experience, A: One of the tactics is tive employers that when they are dean. it is through existing student and the student body, not just the shrinking the class size. Another looking at the transcript of a C-M organizations or through speaker quality of the students, but the tactic is providing more scholar- student, if they see some B’s, our Q: What interested you programs. diversity of their background and ship funding to attract students B’s are B’s, they are not D’s. This about becoming dean? One of the things that will be experiences. who would, for economic might be one aspect of the plan that A: The opportunity blended important to me as dean, as well as reasons, go to other law we will have to evaluate as we go several of my interests. I really en- a value that I want to ensure will schools, so enhancing the forward. joy being a lawyer and an advocate exist with the other faculty mem- quality of the student body. for people and enjoy mentoring bers, is the informal mentoring that Also, providing funding for Q: Do you have any memo- young lawyers. I believe all faculty members have students, many of whom rable experiences from your days a responsibility to do. have to work to support in law school? Q: What do you feel that themselves while they are A: The most important you will bring to the position? Q: Will you continue to in law school, or who need memory I have is the relationship I A: I think I presented my- practice law? to work between graduation had with a professor, which devel- self as someone who could be an A: I don’t think so, even and taking the bar. oped into a mentorship, and who I effective advocate or ambassador though I really like being a lawyer. One of the best predic- now consider a friend. One of the for the law school to carry the I will miss the challenge and the tors for bar passage is first- values I want to bring as the dean message about how good the law real sense of professional satisfac- year grades, so if we can is how that kind of a relationship school is. tion that comes with representing provide educational support can deeply enrich the law school someone in a very important case early, our bar passage rate experience. Q: Can you elaborate on and doing it well, but there are so will increase. other responsibilities that you will many things that I am going to Q: Any advice to stu- have as dean? have to be doing. Q: What are your dents? A: One responsibility is thoughts about the current A: One practical piece of working with the various con- Q: Is there anything that grading curve? advice is to not seek out classes stituencies and identifying ways you see as a strength or weakness Q: Can you elaborate on A: The idea of using the just because you are interested in we can collectively enhance the at the law school? what the tension is? Are you full range of grades is to make one particular subject. Look for educational experience at the law A: One of the real chal- referring to the full-time and sure students are getting honest opportunities to get a broad expo- school. lenges that we face is the bar part-time programs? feedback as to how they are doing. sure to a variety of classes. My I think I can bring a slightly passage rate. One of the strengths A: Yes, there is a tension in If a student isn’t getting honest attitude when I was a law student different perspective by enhancing of the law school is that it has terms of the part-time program. grades or getting the message was to choose classes less about academic experiences with things been historically a law school of Statistically, the bar passage rate that they aren’t doing well in law the subject matter and more about like clinical programs, mentorship opportunity. Some people have among the part-time students has school, then it would be unfair if who the professor was. programs and practical training suggested that the steps that are not been as high as among the the first time they learn that they The second piece of advice programs to ensure that the educa- necessary to improve the bar pas- full-time day students. don’t have the skills necessary to is that being a law student and tion of the students will provide sage rate are in conflict with the That isn’t a reflection neces- be a lawyer is when they fail the then being a lawyer is a full-time the real skills that are necessary tradition of the law school being sarily of the quality of the students bar. occupation and requires a commit- to be successful lawyers. one for opportunity. There is a that are in those two programs, ment not only to learning but really tension there. but a reflection of a competing Q: One of the biggest con- embracing the core responsibility Q: How do you view what I think one of the real chal- demand that are on the part-time cerns is what happens to students of what lawyers do, which is pro- your relationship with the stu- lenges is maintaining the tradition students. That is one area where whose grades don’t look compa- viding a service to your client.

FOOD SERVICE: SBA task force serves-up unique options SURVEY: Behind the numbers Continued from page 1-- promoting a customer service number for the electrical outlets. Continued from page 1-- was appointed by SBA President Nick De- students to voice their comments, complaints “We know who our in a professional field before attending law school, and returns Santis, 3L, to chair the new task force. “The or praise. customers are, and we to that job or a similar job after graduation, that too qualifies as resolution was aspirational,” said Kuboff. There is a chance that the changes ad- want your business.” employment. Geneva said this latter classification is because In response to a general email, other vocated by the taskforce may be temporary Underwood said. many professionals attend law school with no intent of ever students volunteered to join the food ser- and limited. Auxiliary Services practicing law. vice task force. Those students included “We need to balance customer service, advised Underwood Employment positions not included in the employment Brendan Healy, Nick DeSantis, Shawn while at the same time run[ning] a profitable to go ahead and try figures were those of unskilled labor and non-professional DeHaven, Matthew Thomas and Brett business,” said Todd Underwood, manager expanding the Side positions. Garson. A widely distributed survey created of CSU Dining Bar, said Kathleen A. Geneva also said the methodology of the survey requires by DeHaven was circulated throughout the Services. “We Mooney, Auxiliary almost total participation from graduates. According to ABA law school. want to be re- Services manager. standards, graduates who cannot be contacted must be assumed Over 98 percent of those who responded sponsive to “But the jury is still to be unemployed. The class of 2004 had 246 graduates, and to the survey wanted “more variety in the the [C-M] out to see if there’s Geneva said there was an 80 percent response rate by mail. products offered by the snack bar.” Most students’ any impact. If the Those who did not respond were then contacted directly. of those who returned the survey said that needs, but sales increase, In the end, seven graduates could not be contacted, and were they would purchase more products from the i f t h e the longer hours counted as unemployed. “Had we been able to reach those snack bar if there were a better selection. revenues and adjusted graduates, I’m certain our overall number would have been Kuboff and other task force members aren’t there, we won’t be able to sustain the menu will adhere higher,” said Geneva. met with the CSU Dining Service Advisory increased level of service.” to demand,” said Geneva acknowledged that rumors of a 40 percent employ- Committee composed of student, faculty According to Underwood, the Side Bar Mooney. ment rate had been circulating among students and graduates, and staff members, and discussed C-M is “not meant as a full service venue. It’s “The more C-M but emphasized that “no reading of the raw numbers would yield students’ concerns. “They were happy to meant to be a place to get a quick bite and a students purchase at that figure. It is completely unsubstantiated,” said Geneva. work with us,” said Kuboff. cup of coffee.” From a business standpoint, the Side Bar, the more Of those 90 percent of graduates who are employed, 88 Previously, the Side Bar’s hours of there are other complications. “The Side Bar leverage we have,” percent work in an area known by the ABA as the Mid-Atlantic operations were Monday to Thursday from is not on a main traffic pattern, and doesn’t said Kuboff. Region. 11 a.m. to 6 p.m. After the changes, the get a lot of carryover from other buildings, Currently, Ara- In addition to Ohio, this region stretches east to Virginia, Side Bar is open Monday to Thursday so we’re limited by the size of our customer mark has seen “no and includes all of the northeast states. from 8 a.m. to 6 p.m. and is also open on base,” said Underwood. dramatic increase in In comparison, the most recent information available from Friday from 8 a.m. to 1 p.m. Sushi, nacho There are also infrastructure issues. To sales,” said Under- Case School of Law concerned the class of 2003. In that sur- lunch bowls and Campbell soups have been put in an espresso machine comparable to wood. “We’ll review vey, 98.4 percent of graduates reported being either employed added to the menu, and frequent buyer card the business school’s Java Hut, Underwood the sales over the sum- or enrolled in a post-JD degree program. A 2002 survey listed provides a free cup of coffee after the pur- estimates that the university would have to mer, and decide where the University of Toledo’s rate at 93.2 percent. Case’s survey chase of 14 cups. Dining Service is also spend approximately $20,000 to upgrade we go from there.” listed the national average at 91.6 percent. THE GAVEL Page 6 OpinionOpinion April 2005 “Job well Clear and convincing error Over the past several dying. Her heart beat on its own judges permitted a disaffected Greer, the trial judge of the Pinel- done,” says weeks, Americans have and her lungs worked without as- husband with dubious motives las-Pasco County Circuit Court witnessed that sometimes sistance. She attempted to speak to have absolute control over his who originally heard the Schiavo no matter who you have and recognized family members wife’s fate. case, that Terri’s wish was to die fighting for you, it is not when her husband permitted them The undisputable fact is that based on those casual remarks and SBA pres enough. Terri Schia- to visit her. Put simply, Schiavo Terri left no justifiable instructions even more unfortunately, the other By Nick De Santis vo had her parents, the was not dying, she was disabled. detailing what she would want if courts followed suit. SBA PRESIDENT governor of Florida, the Schiavo suffered from brain she were ever incapacitated. Since According to the trial court I am pleased to announce that the President of the United damage. Her injury left her so that 1998, however, Michael Schiavo record, Judge Greer never made a C-M law faculty, on April 7, approved States, Congress, Rev. she could not feed herself without has insisted that Terri expressed deeper inquiry into any of Terri’s SBA’s proposed change to the exam Jesse Jackson and even assistance. The insertion of a feed- her desire not to be kept alive alleged statements; he simply rescheduling policy. Last year the SBA the Pope himself fighting ing tube should never have become “by artificial means” before her took them at face value. Doesn’t proposed a policy to allow students to for her, and sadly, the an issue. collapse in it make you uncomfortable that reschedule an exam if he or she had pleas of these influential Chris- 1990. when a person’s life is hanging in three exams within a 48-hour period. people topher Keep in the balance, the judge did not both- Seeking to expand on this policy, so fell upon Reeves mind that er to make a record of his analysis that C-M could compete with other area The the deaf was on Terri was of Schiavo’s true intentions when law schools, the SBA created an exam Gavel ears of the life sup- o n l y 2 6 making these statements? policy task force, headed by Nadine Ez- Editorial judiciary. port and years old The truth of the matter is Opinion zie, 2L. Ezzie researched regional law The could when she that the courts did not think that schools and their policies and drafted a immor- not feed suffered Schiavo had a “quality of life” proposal for a policy allowing a student tal second sentence of himself. her brain worth living for. Our society has to reschedule an exam if he or she had the Declaration of In- Reeves injury. strayed significantly from the no- two within a 24-hour period. dependence still reads h a d a The tion that we are endowed certain Although the faculty ultimately ad- as follows: “We hold support truth is, inalienable rights, such as life. opted a policy that would allow students these truths to be self- system the four Now, the law supports a culture to reschedule an exam if they had two on evident, that all men are that was statements of death whereby courts are the the same calendar day, this is without created equal, that they willing by which judges of whether another human question a very positive step forward. are endowed by their to take Michael being should live or die. The law school faculty should be com- Creator with certain care of alleges What happens to the disabled, mended for truly keeping students’ best unalienable rights, that him. that Terri the elderly and to all those who interest in mind. among these are Life, In- expressed cannot help themselves. They are I would personally like to thank Liberty and the Pursuit terest- her wishes left at the mercy of others and in a Ezzie and the task force for their hard of Happiness. That to ingly, to die if society whose own judiciary finds work. Hopefully, next year’s SBA will secure these rights, gov- s o d i d incapaci- it acceptable to order an inhumane continue to demonstrate the strong stu- ernments are instituted Schiavo. Her parents were beg- tated were either casual remarks death by starvation and dehydra- dent advocacy exhibited by Ezzie and among men…” ging to take care of her. Michael made to either himself, his brother tion, theirs is a dark fate. Hope- the task force. By the logic of this Schiavo should have never placed or his sister-in-law while watch- fully, those who suffer persecution In other news, the SBA, working timeless document, and himself at such odds with Terri’s ing television or were off-hand for justice’s sake will find comfort with Vicki Plata, was able to secure for at given the absence of parents, who knew her and loved remarks made in a group setting, in God, the Creator, whose name least one more year, one payphone in the proof that Schiavo wished her for 20 years before Michael where people are more likely to the endorsers of the Declaration law school. I would like to thank Mike to have been starved to Schiavo even knew that she ex- agree with the general consensus of Independence so proudly pro- Laszlo, Plata and the many students, death if she ever found isted. of the group without giving it claimed many years ago. faculty and staff, for expressing their herself in a situation in Oddly enough, in the 1992 much thought. concerns and working for a mutually which she was unable to medical malpractice suit that It is doubtful that beneficial solution. feed herself, the govern- Michael filed after Terri became these chance comments THE GAVEL On April 18, the student government ment had a duty to secure disabled, he claimed that she were made with any de- association (the undergraduate govern- her life, her most basic would have a long life and would gree of thoughtfulness CLEVELAND-MARSHALL COLLEGE OF LAW “unalienable” right. need rehabilitative care, and stated or consideration. More- CLEVELAND STATE UNIVERSITY ing body) will hold its general election. 216.687.4533 TELEPHONE There are two issues on the ballot that di- There was recent on the record, under oath, that he over, most young people 216.687.6881 FAX rectly effect law students. The first issue evidence from world- would provide this care as long never picture themselves [email protected] is whether the university should continue renowned neurologists as he lived. in such a situation until the U-Pass program at a cost of $25 per suggesting that Terri was Isn’t it strange that it took much later in life. student (this is a ten dollar increase from in a state of minimal con- Michael Schiavo six years to re- Many young people last year). The second issue is whether sciousness rather than the member that dying was actually today might also say that the U-Pass should apply to all full-time persistent vegetative state his wife’s wish? Michael refused they would prefer death to and part-time students (graduate and of which she was first to divorce Terri, but hasn’t he life in a wheelchair with- undergraduate). Law students will be diagnosed. Also, Terri’s been emotionally divorced from out the use of their limbs. her for years? Did Michael really able to vote on this issue on April 18, 19 husband, Michael Schi- But how many people Amanda M. Paar and 20 in the business school or the UC. avo, refused to allow an love Terri or was he more inter- in wheelchairs would Jason M. Smith ested in inheriting the hundreds of Brendan Healy will be sending further MRI to be performed. choose to be starved to Co-Editors-in-Chief information as the voting date nears. Doctors were forced thousands of dollars from residual death? The point is, I would also like to thank the service to rely only on a CAT funds left in Terri’s trust account? when you are a young Eric W. Doeh week committee and the students, faculty scan (which reports only Do you think the fact that Michael adult, you are more likely Managing/News Editor and staff of CSU for making this year’s a tenth of the information had a fiancée whom he was living to make off-the-cuff re- blood, food and clothing drives success- contained in an MRI) and with for the past nine years and marks regarding events Staff ful. The members of the service week clinical studies based the fact that he had two children that you either never an- Anonymous 1L Mike Brown by had any influence on the sud- committee were Marisol Cordero-Good- on Terri’s actions alone. ticipate happening to you Jamie Cole Kerlee man, Meredith Marcinko, Jamie Umer- Unfortunately, this is the den revelation that Terri wanted or at the very least, never Josh Dolesh ley and Brendan Healy. We were able information the courts to die? expect to occur for years Christopher Friedenberg to get enough blood donors to save or relied on as well. Don’t One would think that a judge to come. Ryan Harrell sustain at least 87 area patients, and were you think that the courts who knew these facts would un- Florida law requires Peter Kirner able to collect a considerable amount of had a duty to ensure that doubtedly be overwhelmed by a that if a person does not Steve Latkovic Kathleen Locke food for the Cleveland Food Bank. Terri received a thorough sense that something just doesn’t leave a written document, Michael Luby The SBA will be holding its officer neurological exam before seem right with the situation. This the evidence that the per- Tom Szendrey elections on April 26 and 27. The elec- they sentenced her to gut feeling should have caused son wanted to be put to Benjamin Zober tion committee will be forwarding more death? them to dissect anything that death if incapacitated information, including the guidelines, The truth is, Terri Michael alleged to be true—es- must be “clear and con- Advisor Thomas Buckley the SBA constitution and other necessary Schiavo was not coma- pecially the conveyance of Terri’s vincing.” Unfortunately, Printer P.M. Graphics “wishes.” Instead of erring on forms, to the students next week. I en- tose or brain dead. She Terri’s husband was able http://www.law.csuohio.edu/students courage all interested students to run. was not terminally ill or the side of caution, though, the to convince Judge George ALL RIGHTS REVERT TO AUTHOR THE GAVEL  OPINION APRIL 2005  7 Donʼt lose sight of your principles Open By Josh Dolesh think about was the look of that old man. one else’s dignity is not winning at all? I have seen GAVEL COLUMNIST It appeared to me that he had just truly lawyers laugh at homeless people and spit on them. I overheard a person the other day at my come to the realization that his “business” I have seen governments under pressure from favorite Chinese food establishment. He was not something born of the ivory tower, corporations enact tort reform, restrict- Mike was an older guy, maybe 60 or 70. It looked but rather, something born of a seedy ing the op- portunity for many 3L sounds off on like he was in the throws of his post-60, geri- back-alley bar. At that instant, my people to lead a life where atric, pants up to the chest, downhill tumble mind jumped to a story I had heard some dignity recent events that is the “golden” years. He had a wizened of an attorney throwing a tennis remains. I By Michael Luby look about him and deep furrows had begun ball against the wall during have seen an GAVEL COLUMNIST to envelop his eyes and forehead. a deposition and then lying economics I went to a party the other day The man began to converse with an- about it when the other side juggernaut and someone brought up Terri other gentleman, I think he said he was moved for sanctions. I re- ravage our Schiavo. Somehow it seemed the 57. Among the late afternoon din of the membered when I heard this country mix of Red Bull, vodka and Terri restaurant’s work crowd, the old man asked story, I laughed and thought making just wasn’t flying, but just like if the younger man was still in the business. to myself, “What a jerk, no it no less the past month, people divided The old man proceeded to speak of why wonder lawyers get such a harsh than immediately. “One side wants to he retired. His words were spoken with a bum rap.” a land with do the right thing for all the wrong quiet despair and were all but blotted out While I was crossing the street, no rule at reasons and one side wants to do in the lunchtime conversations. “The busi- I made a connection between that all. I want to the wrong thing for all the right ness wasn’t the same as it used to be.” He anecdote and the words of the old man. believe that there reasons.” I can’t pinpoint who added, “There are too many lawyers, and I realized that if I was laughing at such is a common good made this statement, but I’m pretty none of ‘em give you any respect. They lie asinine lawyerly behavior, then the state of somewhere and that it sure they ripped it and they cheat, and it’s all for the sake of the practice of law must be headed in the is found in the respect for human dignity, but all off of “South Park” winning and money.” wrong direction. I thought, “The adversarial indications point to the opposite. anyway. Perhaps its With specter of class looming ever so system is running rampant over decency Without a doubt, these indications are symp- one of those Ror- close, I threw a tip on the table and headed to and common courtesy.” I would like to tomatic of a disease that is schach tests you get class. As I was leaving, all think that the “good old spreading through the legal at the Natural His- I could days” of community and robbing it tory Museum. No of any compassion for hu- matter how you read it, you can man dignity. Apparently, this self-affirm your own beliefs and disease led to some of the go on convinced your right. despair in the man’s voice Last week, Berlin police offi- at the restaurant. cials investigated a vibrating pack- The man was looking age at the post office. Employees at his life and his profes- watched in fear as the package sion and he did not like what he moved from side to side until it was seeing. I could see his frustration in was later discovered that a blow- legal prac- finally realizing his profession was doing nothing up female doll was stuck inside. tice have not left us. I to quash the spread of the disease that had perme- After contacting the sender, he would like to think that ated his business. replied that he was sending it back the old man’s comments When I finally sat down in class and opened because it would turn on by itself in the restaurant were my book, I took from my pocket the fortune cookie at all times of the day. If only it nothing but geriatric dia- that I got at the Chinese restaurant and cracked it were that simple in real life. tribe, but I am growing open. The fortune left me with a little piece of About a month ago, I had an concerned. wisdom. It read, “Your principles mean more to office meeting and somehow we As a legal community, will you than any money or success.” “How true,” I lost track of what we were sup- we ever realize that we can take thought, “how true.” I crossed out the word prin- posed to be talking about. In any the war metaphors too far and that ciples and wrote in “human dignity” and stuck the event, the topic turned to kids winning at the cost of our’s or some- fortune back in my pocket as a little reminder. today and their inability to com- municate in the corporate world without some form of compliment on an at least a semi-often basis. Per my co-workers, “Dateline” What do you mean, you donʼt get it? reported that this is due to the The following is the fifth in a Perhaps it’s a law school tradition he’s probably right, but I’m still outside and enjoying the rela- “babying” of teens these days. Ap- six-part series following a first to scare the pants off of all the struggling with just remembering tively nice weather just seems parently, Daniels Farm Elementary year C-M student from orientation incoming 1Ls by stressing the the basics. overly enticing when compared in Connecticut missed the report to spring exams. Socratic method the first semester. Looking to the end of this se- with sitting in the library read- because it has now outlawed the Whatever mythical aura law Whatever it may be, I certainly mester and beyond, I hope that the ing cases that we may or may use of red pens during the grading school may have held has definite- could have done without all the whole “deeper evaluation” thing not go over or an hour and process. It cites parental concerns ly been stripped away. After two stress and anxiety it brings. will eventually become less of a fifteen minutes of sitting in and objections. rounds of midterms, I also have to say that a pleas- problem for me, either because I a stifling classroom trying to Perhaps next, we can shift last semester’s finals 1L ant surprise has been how interest- find some trick to remembering grasp rules which only seem to our attention to recess because I and however many First year ing some of our assignments have things or because there’s simply become more obscure with dis- have just been informed excess life classes, any idealistic Part V been this semester. Maybe it’s just less to know, but it’s somewhat cussion. But I suppose this is exposure to peers in a relaxed notions I had about the nature of the material or subtle disconcerting for the moment. just another cost of being in law atmosphere leads to forced com- law school have been entirely changes in the classes, but it seems My primary consolation right school. munication and interaction. crushed. The daily monotony has like this semester has been more now is that it seems like a lot of Recently the two-year anniver- set in, punctuated every so often hands-on. This change, coupled actual practice is knowing the ma- sary of the Iraq war went by with by periods of frantic studying. with the relatively intriguing terial that you’ve been engrossed little more accolade than news Although this is somewhat of a hypotheticals we’ve been given, in while researching your case. of a 98 Degrees reunion tour. It downer since there was something has made a number of potentially But I’m sure that I’m appears that Congress is so com- exciting about just being in law excruciating projects enjoyably overemphasizing placent with the state of affairs that school at first, it’s kind of nice be- bearable. this as- pect the absolute failure of intelligence ing able to somewhat predict what A professor mentioned in class of regarding WMD’s, combined with each day is going to bring. the other day that we (“I,” thinking things. a new Iraqi regime which merely This being said, I am eternally to myself) should be getting to the Re- mimics Iran, is less important grateful to many of my profes- point where we’re “starting to get gardless, than emergency legislation aimed sors for moving towards a more it” (i.e. we should be able to “dig the oncoming solely to insert the feeding tube of traditional lecturing method this deeper” and advocate in our exam of spring has a single person. Really though, semester. While I tended to loath questions, going beyond mere decimated my it makes sense in the scheme of lecturing during undergrad, com- application of the rules of law). motivation to things, cut my taxes so we can’t pared to the Socratic method, lec- Considering I’m entering the last study or go to afford a war we don’t know how turing seems concise and carefree. month of my second semester, class. Going to stop. THE GAVEL  OPINION 8  APRIL 2005 THE GAVEL  OPINION OBVIOUSLY,OBVIOUSLY, THE THE MBE MBE IS IS MORE MORE IMPORTANTIMPORTANT THAN THAN THE THE ESSAYS… ESSAYS… “Some States “Some States Do Not Grade Do Not Grade The Essays For The Essays Students With For Students Very High ESSAYS With Low MBE Scores!*” MBE MBE Scores!*” (Who Are Presumably (Who Are Presumably Assured Of Passing.) Assured Of Failing.)

“Some States Only Grade The Essays For Students With Moderate MBE Scores!*” *Information provided by Susan M. Case, Director of Testing for the National Conference of Bar Examiners, in an article published in The Bar Examiner, November 2003 edition.

Absolutely, Positively A Necessary Multistate Supplement! (800) 523-0777 • www.pmbr.com THE GAVEL  OPINION APRIL 2005  9 What to do when the money runs out... Question: Are private accounts the panacea for Social Security?

By Benjamin Zober By Steve Latkovic GAVEL COLUMNIST GAVEL COLUMNIST The only real crisis that Social Security faces is the threat from Chicken Little and Conceptually, the idea of private accounts is fantastic. If one has ever invested, it’s invigo- his cohorts. However, unlike the fabled fowl, Bush can’t even convince his flock that rating to see how your investments are doing. You can see, day-to-day, year-to-year how much there even is a problem. While it’s open-mic night for solutions, the only unanimity is money is being made. You control the money, even if its liquidity is inaccessible. in the area of personal accounts. The consensus there is that personal accounts are not Realistically, I don’t think it will happen. There have been a ton of statistics and numbers a complete solution. President Bush himself admitted that “personal accounts do not thrown around and, from my experience discussing this with people, very few actually under- solve the issue.” stand anything at all. With that said, “scare-tactics,” a favorite of liberals, especially with Never has it been so apparent that the President has no idea how to solve the problem elderly programs, works wonders. So it is really no surprise these accounts have become less he has made. He was eager to appease the public with tax cuts during his war, devaluing favorable with Americans. Bush and the Republicans have been doing a terrible job selling the our currency and status in the world community. Now he wants to idea, and the Democrats just bash away with no ideas of their own. raise taxes to solve another problem that never existed. The economist David Wyss has estimated private accounts will impact Social Security is too important to be co-opted by partisan favorably on SS by one trillion dollars over the next 75 years. That’s politics, corporate shills or statistical manipulation. The Presi- actually not that much. In comparison, eliminating the wage cap on dent claims the system will be bust. As grammatically dubious contributions would add roughly three trillion dollars. as this claim is, the economic basis is equally as shaky. Currently, The problem, of course, is that the “fund” is going broke. Maybe not the boomers who will supposedly bankrupt the system are paying for 25 years, but it will happen (there is no fund by the way – it’s U.S. Treasury a surplus. The government uses the surplus to cut the President’s notes, so really it’s future taxes). There are two dates that are notable; the first budget deficit. Removing more money from the system will do represents when old age survivors and disability insurance (OASDI), the official anything but preserve solvency. name for Social Security, obligations exceed OASDI taxes, and the second is in- Conservatives fought the creation of Social Security, many solvency. The Trustees estimate (there are a lot of factors that go into estimating, convinced that “social” was just code for socialism. Yet, it so this date changes ever year and people argue these dates and assumptions ad emerged as a vital program, ensuring healthy, solvent futures nauseam) the former to happen in 2017. for people who could not support themselves during retirement, The latter date is estimated to happen in 2041. This statistic is one way Demo- despite a lifetime of hard, honest work. Taking away that cer- crats argue there’s no problem because nothing “bad” will happen for 35 years. tainty and trading it for a share in the market ignores the realities That’s just idiotic. If you know there’s going to be a problem, why should it not of uncertainty and instability. be addressed as soon as possible? I know fixing these problems will be expensive, Social Security is a testament to politicians who were commit- but it’s not like waiting 20 years will make it any easier. ted to protecting people during one of America’s most troubling I also understand future growth and productivity gains will ensure some sol- times. Now Bush and the conservatives have their chance to vency, perhaps even beyond 2041, but I’d rather be safe than sorry. Relying on destroy it. The same formula worked to convince the public we immigration to solve our problems doesn’t sound like good economic policy. should kill people in a search for WMD: build up a crisis, fix the I think private accounts may be part of the solution, but it isn’t the solution. alleged problem and look like heroes. The problem is there is I think a number of things must be done. no crisis. First, and most importantly, OASDI and HI taxes should be included on Even if the surplus is gone by 2018 as the President’s everyone’s annual income tax return. Still have withholding, but gross up numerologists predict, the government will repay the loans it both taxes owed and taxes paid on the 1040. These damn taxes are too easily has been making and the system will be able to keep paying for at least 75 years. What ignored because so many Americans simply focus on net paid and never review total withheld. then is being solved? But I know people look at their 1040, damnit. This will at least get people thinking about how The problem that the Right has faced since the 1930s: that someone else was com- much they give away involuntarily. (7.65 percent of your pay, matched by your employer; the mitted enough to protecting workers to create a compassionate, beneficial program for whole 15.3 percent if you’re self-employed – which many lawyers are). them. Now is their opportunity to dismantle a safety net that has protected people for Second, raise the retirement age to 70. Life expectancy, under SSA tables, is roughly 74 for 70 years. Bush can parade the fallacy that personal accounts implicate individual liber- males and 79 for females. If people are living longer, they should have to work longer. There ties. This thinly veiled appeal for states’ rights is just as repugnant to equality today as is no reason abled-bodied seniors can’t work. Perhaps, and hold on for this crazy idea, people it was for John C. Calhoun. could actually save a little too on their own. There is no crisis. Any fiscal insecurity is literally a lifetime away. Taking money Third, I could be persuaded indexing the wage cap to wage inflation is ok. I say this only out of the system and gambling with it certainly won’t help. Markets fluctuate and can- expecting my other taxes to fall. You’d think Republicans, of all the damn people, would cut not guarantee higher returns. Social Security was created to counteract the uncertainty spending. As I heard the great law mind Richard Epstein say recently, the only difference of reliance on the market. It makes no sense to tie the system’s efficacy back into that between Republicans and Democrats right now is where they spend the money. I wouldn’t same volatile system. support elimination of the cap. Social Security was created to confront the reality that not all people could ensure Finally, partially privatize SS funds. I don’t know the details, but say the first ten percent or the solvency of their own futures. Unfortunately, the Enron, Harken and Martha Stewart $1,000, whichever is smaller, of each person’s OASDI taxes, will be placed into an investment debacles suggest little has changed. If everyone could rely on investment strategies to account. As for where and how to invest, that’s a whole other discussion and one I think that’s finance their retirements, a socialized safety net would be unnecessary. With privatiza- ancillary. Private accounts not only allow real earnings to be made (which doesn’t happen tion, the rich will get richer and the poor will just hope bubbles do not break. now), but will reduce the overall burden on the system later. Conservative rebuttal... Liberal rebuttal... First, Mr. Zober comments, “The government will repay the loans it has been The proposals for Social Security lack certainty, consistency and clarity. As we learned in making and the system will be able to keep paying for at least 75 years.” The whole Iraq, an ad hoc strategy is no way to run a war, let alone a plan to win the peace, be it peace on point of why the system is in trouble is precisely because the government has to “re- earth or peace of mind for our nation’s seniors. pay loans.” The whole thing is pay as you go. The so-called assets are future taxes. There is possibly nothing more frightening for an aging workforce than telling people they When the ratio of workers to retirees becomes 2-1, it’s not going to be a cakewalk to may never get the chance to retire, or at least will have to keep working long after they should provide support, though Zober seems to suggest we do nothing. Shazam! Life will have been able to relax and enjoy their efforts and labors. just keep on keepin’ on. He says, “[a]ny fiscal insecurity is literally a lifetime away.” It also comes as no comfort to anyone searching for a job that people who do have employ- Apparently he wants to screw our kids. ment will be holding onto it even longer. If we raise the retirement age every time someone Second, he states, “[t]aking money out of the system and gambling with it certainly cries “wolf,” it won’t be long before the retirement age exceeds life expectancy: creating a won’t help. Markets fluctuate and cannot guarantee higher returns.” Social Security’s neocon twist on working yourself to death. internal rate of return is under two percent. Six-month CD’s are paying more at roughly Continuing to drain the system in order to let people gamble with it doesn’t help avert a crisis, three percent. Of course there’s fluctuation in the market, but SS funds are not for day especially a fictitious one. It certainly does nothing to stop the damage from the legerdemain trading. The market has a historical annualized return of at least six percent. Addi- furtively used to take people’s money and pay down a Kafkaesque debt. Bush is taking people’s tionally, only a portion of funds will be invested and participation in private accounts money and funding his fiscal recklessness. Turning around and then threatening to strip the will be voluntary. security from those same hardworking folks isn’t “just idiotic,” it’s mean. In Bill Clinton’s 1998 State of the Union speech dealing with the then-projected Scrapping the system that has worked so well and can continue to work if left unmolested government surplus, he said, “[w]hat should we do with this projected surplus? I have is foolhardy. It is irresponsible to incite a panic and then sit back hoping for someone to solve a simple four-word answer: Save Social Security first.” Wow, not a bad idea. your problem. That is the difference between a gadfly and a policy-maker. THE GAVEL THE GAVEL  SIDEBAR Page 10 SidebarSidebar April 2005 In the neighborhood By Marie Rehmar Cleveland’s Law Deptartment, but Alsop, News Editor and Senior CONTRIBUTING WRITER being a branch of Cleveland Public Writer, the Wall Street Journal, Library, it is open to the public. on “Corporate Reputation Think Libraries Management and Mismanage- Spotlight Celebrate April’s National Li- Thinking ahead to summer, ment.” brary Week right here at your Law many area attorneys and law firms Library! are members of the Cleveland Law The Greater Cleveland In- on the Library Association, a member- ternational Lawyers Group, Have you ever used Cleveland ship library on the 4th floor of the www.gcilg.org, meets at the Public Library downtown? It’s on Cuyahoga County Courthouse at City Club. Membership is $50, Student Superior Avenue, between E. 3rd and Ontario and Lakeside. but law students can attend the E. 6th Street. It’s not only another luncheons at the reduced price resource for electronic access to ad- Think Outdoors of six dollars. ditional databases (get a card if you ParkWorks, Inc. has been de- The luncheon on May 19 don’t already have one so you are a veloping a series of walks around includes Cesar Ochoa-Reyes, Thomas “registered borrower” with access to the city. Another collaborative Enrique, Gonzalez, Aquirre y. them) and for a more extensive U.S. project in which they are involved, Ochoa, Juarez, Mexico “Legal Government Documents Depository the Plaza at Huron at E. 9th Street, Aspects of Doing Business in collection, but did you know that will provide an attractive space Mexico – Where is Fox Taking Ryan the John W. White Collection of bridging the Gateway and Theater Mexico?” Folklore, Orientalia and Chess has Districts. Check www. Some students might see within the city, will be completed the world’s largest and most com- parkworks.org to find Thomas Ryan, 2L, walking on time and in a cost-effective prehensive chess library? out about the many ways through the halls of C-M, but manner,” Thomas said. “Ap- this nonprofit is making what many do not know is that proaching projects in this way But, if baseball is more your our Cleveland environ- Thomas is running for mayor will have a wide-ranging and interest, the Baseball Collection in ment more beautiful. of North Olmsted. Thomas positive impact on the timelines the Social Sciences Deptartment in said that North Olmsted is in and costs of projects within the the Stokes Annex includes books, G a t e w a y m e a n s need of a change and a young, city.” periodicals, photographs, 40 years baseball, and this is enthusiastic, experienced can- If elected, Thomas would of daily box scores, numerous his- April, so get studying to didate is just the person to shape also like to focus upon the issue toric scrapbooks and many other be able to take a break for a game or the city’s future in a positive of technology to attract new materials from the extensive private two at Jacobs Field. And, if you had been plan- direction. businesses to the community. collections of two dedicated collec- ning to visit the Cleveland Mu- North Olmsted is Thomas’ Specifically, he wants to offer tors, Charles W. Mears, a pioneer in Still haven’t started on your seum of Art, do it now before hometown. Thomas graduated free wireless Internet access to the area of baseball statistics, and New Year’s resolution about your more of the galleries are closed from Ashland University in small businesses. Eugene C. Murdoch. physical health? For a low cost route for the museum’s major reno- 2000 with a bachelor’s of sci- Thomas does, however, sup- – CSU has open recreation times at vation and expansion project. ence degree in Chemistry. After port the way in which the police If you’re headed to the CSU Law the pool, Woodling Gym, weight Check www.clemusart.com for a brief career in chemistry, and fire services are currently program in St. Petersburg, Russia room and track. Go to the CSU details. The Armor Court will Thomas moved to New York being managed, dispatched and this summer, check out some of the website, click on Athletics, click on be open through the Memorial City to work in the computer in- utilized. dictionaries and language instruction Open Recreation for information. Day Weekend. dustry as a consultant for IBM. Thomas said that his C-M materials from the foreign literature His responsibilities included experience has helped him cam- dept. or travel titles from the excel- Think “Things” Still to Be The special exhibition, development of voice recogni- paign in a number of ways. “I lent collection in the history dept. Done This Spring “Masterworks from The Phil- tion software, management of have learned how to develop an The City Club of Cleveland, lips Collection,” featuring mas- developers and management of argument and how to effectively The Public Administration Li- 850 Euclid Ave. (216) 632-0082, terpieces by Renoir, Braque, large-scale integration projects. demonstrate reasons why my brary at Cleveland City Hall, at E. offers student memberships for $50. Cezanne, Corot, Daumier, De- Thomas is currently working ideas can solve some of the is- 6th and Lakeside, a short #247 Loop Coming at noon on Fri. 4/15: Donald gas, Gauguin and others will be with several attorneys perform- sues facing the city. Law school Bus ride from right outside, is one of L. Korb, Chief Counsel, Internal at the Museum through May 29. ing case management and client has also taught me how to think the oldest (est. 1912) municipal ref- Revenue Service; on Wed. 4/20: Admission is $10 weekdays relations for their practice. on my feet and to be prepared erence libraries in the country. It has Steve Brogan, Managing Partner of and $12 weekends for adults, Thomas said that if elect- for questions and criticism,” said an excellent, extensive collection of Jones Day, and Fred Nance, Manag- $9 for seniors and college stu- ed mayor, he would bring Thomas. local government resources, includ- ing Partner of Squire, Sanders and dents; $7 for students 6 to 18, real-world experience to the When asked if he finds it dif- ing current journals and the Urban Dempsey LLP, on “The Future of and the audio tour is included. mayor’s office, but he knows ficult to balance his campaigning Documents microfiche collection. Cleveland’s Legal Profession;” and Reservations in advance are that his opponents will focus with the demands of law school, It’s the Law Library for the City of at 7:30 a.m. on Fri. 5/6: Ronald J. recommended. on his age as a reason why he Thomas said that it is difficult, is unqualified or unfit for the especially the closer it gets to duties of mayor. the May 3 primary and finals. Thomas’ strategy on over- Thomas said, “There have been a G coming this obstacle has been few occasions where I needed to to focus on his education and miss class to attend an event, but A management experience within so far I have been able to manage the private sector and demon- all my responsibilities.” He said V strate how these skills can be his effectiveness in balancing E effectively transferred to the these two areas of his life will be mayor’s office. “I have at- revealed when he knows both his L tempted to reframe the issue of results for both the election and age into one about education, final grades. experience and ideas about the Currently, Thomas’ only po- future of North Olmsted,” said litical focus is to make a positive G Thomas. change for the city of North Ol- I If Thomas wins the race, msted. He is uncertain whether one change he would like to he wants to pursue a political G initiate is the way projects are career after law school. managed from the Mayor’s Outside of law school and G office. campaigning, Thomas likes to L “Using my computer and read and run. Right now, how- experience and incorporating ever, Thomas said that all of his E management software appli- spare time goes to sleeping and cations, projects and services legal writing. S THE GAVEL  SIDEBAR APRIL 2005  11

dents generally have a lower bar passage rate, played up. Sylvia predicted the death of they typically leave C-M employed. Given His Holiness, Pope John Paul II, and she that job placement after graduation is such a will surely play that up in her May appear- Letters to the Editor significant factor in calculating a law school’s ance. She predicted it for 2004 but did not overall score, it would seem that elimination repeat the prediction for this year. of the part-time program would likely hurt John Edwards, James van Praagh and Part-timers strike careers, families, etc. C-M’s ranking. Alison DuBois, along with Sylvia claim With that in mind, I do have some issues of Furthermore, eliminating the part-time to communicate with the dead. Mediums In the neighborhood back contention with your letter. I am aware that program would likely result in a significant use a process called “cold reading” to my editorial stated that part-time “programs increase in tuition, which might discourage draw in their victims. Cold reading works Dear Editors, are not in the best interest of developing qualified students from attending C-M. Part- by using general questions and statements While I understand that you were competent lawyers.” This is not an attack on time students pay nearly $67 more per credit and watching the subject’s reaction. If trying to promote how C-M can attain the part-time students and does not imply that hour than their full-time counterparts. the subject reacts positively, the medium its goals of more national recognition part-time students make incompetent lawyers. A student who goes through all four years moves on to more specific statements and improvement in the bar passage rates, Rather, simple deductive logic makes this of the part-time program spends over $6000 and questions, keeping a watch on the there were a couple of particular points point clear. more on tuition than a full-time student who subject’s body language and vocal cues on which I disagree with you. The Bar Exam’s stated purpose is to ensure graduates in three years. If the program were for a positive reaction. In applying Learned Hand’s Formula that those who obtain the privilege of practic- eliminated, the school would likely have to As the medium makes hits, the subject to the night school “problem,” as you ing laware competent to do so. If one school compensate for this loss by increasing tuition forgets the misses and overemphasizes would have it labeled, you would have has a bar passage rate of 60 percent, while (this, of course, would be in addition to the an- the hits, creating the perception that the to consider the $6 million donation from another school has a bar passage rate of 90 nual increase in tuition that occurs). The result: medium really is conveying messages Mr. Wolstein as a loss, as he was a night percent, I think most people would agree that qualified students might decide that, although from the other side. The message is re- school attendee as were many of the the former school is not doing as good a job C-M is still relatively cheaper than other Ohio ally just platitudes after a long guessing school’s most notable graduates. as the latter school at developing competent law schools, it is no longer a bargain. game. Maybe you should stop and consider lawyers. Admittedly, if our law school ranking Sylvia also claims to be able to diag- why that is. Is it possible that night stu- This in no way means that all graduates increases, a raise in tuition might be justified; nose medical problems. She has made dents really want the law degree, not of the school with the 60 percent passage however, a higher ranking will not happen in- claims that fibromyalgia (a chronic pain the way a kid out of school with no job rate are incompetent, rather it implies that stantaneously (as Mr. Smith assumes), but will disorder) responds to a high-protein diet and money to burn, who is just avoiding such schools are not the best at developing take time. During this period, the school will (no medical studies support this), blood growing up, “wants” a law degree. A kid competent lawyers. It would follow that if likely lose the scholarship of some excellent clots are hemorrhages (they are complete who wants to continue hiding from the part-time students are passing the bar at a students, resulting in a decrease in the school’s opposites) and has called bilirubin a live real world that is filled with responsibility lower rate than full-time students, the part- academic reputation. enzyme (it isn’t, it’s the leftovers of bro- not dollar draughts on Mon., Tue., Wed. time program is not “in the best interest of Mr. Smith places much emphasis on the ken down red blood cells). and Thu. nights. developing competent lawyers. Once again, low bar passage rates of part-time students, I’m not completely sure what this sort Now who do you think in this equa- this does not imply that part-time student are but fails to consider the many ways in which of practice is called in Ohio, but the law tion is going to get the better job in the incompetent. the part-time program actually benefits C- of California (where Sylvia bases her op- “real” legal world, the student with an Secondly, you state that you doubt that I M. At one point in his article, he evokes the erations) calls this “practicing medicine excellent work ethic and real world appli- fully understand the importance of the part- ever-popular Learned Hand Balancing test to without a license.” cable experience or the student with one time program because I lack “any real world support his conclusion that C-M should elimi- Before playing guessing games for internship where he/she did a really good experience to speak of.” Once again, your nate the part-time program. Unfortunately, Mr. profit and making medical diagnoses job making copies and running around the observations are flawed. Why do you assume Smith conducts his test on an unsound scale, without any medical education, Sylvia city. Now which group did you say would that I have no real world experience simply one pan composed of lead, the other air. was convicted in 1992 for selling securi- produce competent lawyers? Within the because I am at school full-time? Actually, I Brendan Healy, 3L ties in a gold-mining venture under false legal community the night school at C- worked full-time pretenses under her then name of Sylvia M is held in higher regard than the day for two years Celeste Brown. In 1999, a six-year- school. That should probably factor into prior to putting old girl named Opal Jo Jennings the formula as well. my career and was abducted from her home I was initially accepted into the day financial wel- in north Texas. school and congratulate myself daily on fare on hold and Mail After a thorough my choice to pursue night school. The commencing law search failed to discover reason that I prefer night school does school. I think her, her grandmother not even really lie with the facts that I that it is naïve to went to Sylvia on an am supporting myself, gaining a quality assume that all episode of the “Montel education and making numerous contacts full-time students Williams Show.” Sylvia in the legal profession. have no real world told her Opal Jo was in It is because of the people that I share experience. Pail Japan, having been sold my classroom with, I believe some of my Finally, in into white slavery. She classmates to be among the most intel- your letter, you gave the name of a Japa- ligent, inspiring people that I have ever say that part-time stu- nese city that did not exist to come into come to with. I am the young- dents have “money to burn” and are add some sort of credibility to her est in our class, but I look up to and learn attending law school to hide from the real wild guesses. Towards the end of 2003, from the company owners, managers, world. Maybe I am the only one, but I didn’t Opal Jo’s body was found; the confessed teachers, mothers, fathers, accountants, have $60,000 stowed away to pay for my killer and abductor since convicted and engineers, nurses and doctors that I share education. Rather, substantial students loans serving his sentence. my classroom with. are financing my endeavor. If hiding from the So a criminal, pathologically lying Jason, I question that without any real real world is my only reason for being in law Student protests psychicʼs visit con artist is coming to the Wolstein world experiences to speak of that you school, I am paying a pretty high price. to Wolstein Center Center. Now, I’m sure the higher-ups of would fully understand the importance Jason Smith, Co-Editor-in-Chief Dear Editors, CSU will tell me, “CSU does not endorse of the night school and the competency I was shocked and amazed when I opened nor have any opinion of any show that of the lawyers it produces, that is why I last week’s Free Times and saw that famous is put on at the Wolstein Center lest we wrote to you. The Bar Exam is one test, Dear Editors, “psychic” Sylvia Browne is going to make be dragged into court on any number of you can’t rank life experience. I chose This letter is in response to Jason Smith’s an appearance at the Wolstein Center on May frivilous lawsuits.” You almost have your C-M for the real world experience and article entitled “Say goodnight to [the] part- 3. Has CSU really become so desperate for Juris Doctor, surely you know this.” contacts it would provide, I am unclear time program.” Mr. Smith argues that the revenue that it would stoop this low to put on The Wolstein Center is part of CSU’s why you are here. If rankings are so simplest way to increase C-M’s national a show with a so-called psychic? identity. If CSU is supposed to be seen important to you, why aren’t you at one reputation would be to eliminate the part- Sylvia Browne professes to have the by the community as an institute of higher of those schools? time program. He argues that if the part-time abilities to see the future, diagnose people learning, that image is tarnished. And Anne Bringman program is eliminated, then it is likely (if not without physical examination and be a conduit CSU’s credibility is shot when spectacles inevitable) that C-M will be elevated to a tier for communication with the dead. She sells like this can be carried out without any Editor’s Response: First of all, I two status in U.S. News and World Report’s books and appears periodically on the “Montel protest or criticism. want to thank you for providing valuable Law School Rankings. Unfortunately, elimi- Williams Show” and “Larry King Live” along I ask the deans, professors and stu- student feedback on my editorial. I do nation of the part-time program would likely with making live appearances. dents, not only of C-M, but also of all of want to point out that, although appar- have the opposite effect! Brown’s psychic ability is nothing more CSU to let the administration hear our ently interpreted differently, my editorial In ranking law schools, U.S. News gives than guesses that either take some liberal voices that we want a school that stands was not intended to be an attack on the very little significance to a school’s bar pas- interpretation to make them fit an event that for education over ignorance and skepti- part-time program. If anything, it was sage rate – bar passage only accounts for two has occurred or are near sure bets to occur cism and inquiry over blind credulous- an attack on the school for pressuring percent of a school’s overall score. (hurricanes in Florida are quite common) when ness. Maybe the show must go on, but part-time students. Actually, I have the However, job placement of students they come true. our disappointment with this decision can utmost respect for all part-time students after graduation accounts for 18 percent of Most of her predictions end up not hap- still have a voice. for their ability to balance law school, a school’s total score. Although evening stu- pening, but are forgotten when the hits are Ryan Ramage, 3L 12  APRIL 2005 THE GAVEL  SIDEBAR

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