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Res Gestae Law School History and Publications
2005 Vol. 56, No. 4, October 18, 2005 University of Michigan Law School
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October 18, 2005 Vol. 56 No.4
Lost and Found: Mitch's to Return Next Ye ar
By Steven Boender Mitch was more than happy to speak with a longtime customer. He said that any of us are painfully the bar would in fact be reopening. aware of the gaping hole Apparently, during negotiations to renew left on the corner of South their lease with First Martin, which they'd Ur y and South Forest where held and renewed several times over the everyone's favorite cheap drinking past fifteen years, First Martin indicated establishment, Mitch's, used to reside. that they wanted to take the space in a Initially, a sign indicated that it would new direction - a comment interpreted be reopening in late 2005, but a recent by Mitch as "we don't want a bar here drive-by indicated that Mitch's, contrary anymore." One failed negotiation later to the sign, has not in fact reopened. (Mitch had attempted to get space east Obviously, I needed to exercise my crack of its former location), Mitch's is slated investigatory journalistic skills and find to reopen on State Street, just south out what was going on. That, and Mike of Buffalo Wild Wings, in February or Murphy (and his unquestionable thirst March of 2006, depending on when for dollar pitchers) demanded it of me. the space is ready. Mitch says the space will definitely be open in time for their An acquaintance of mine, Mo Frechette, famous St. Patrick's Day celebration. I did is for all practical purposes an OG Ann Yes, we miss it, too. not ask whether the new Mitch's would Arbor resident with extensive knowledge offer the same low-priced drinks, but can of local real estate, especially with regard so I decided to look into the mysterious only assume that being so close to the to drinking establishments. He pointed Klee, Inc. Some finagling with the State up-market and refined BWW, only a fool me to the State of Michigan website of Michigan's business registration would try to compete on class alone. which indicated that Mitch's is actually website listed a phone number for Klee, owned by an organization called "Klee, as well as the names of the corporation's So there you have it- my first foray into Inc." Further research led to the discovery shareholders - Mitchell and Cleo Savas. investigatory journalism. Yes, language that the building that housed Mitch's It tumed out that the phone number was snoots out there, I know "investigative" is owned and managed by First Martin disconnected, so like a good resourceful is the proper term, but I like Zoo lander too Corporation, which in turn is owned by journalist, I utilized an obscure and much to resist... yes, Zoo lander is a movie, University of Michigan Athletic Director complex source known only to the with Ben Stiller and Owen Wilson ... no, William C. Martin. hardest of the hard-core information that one is Starsky and Hutch. seekers: I googled "Mitchell Savas." A A short phone call with First Martin few hits turned up, but nothing with I like to think I brought a swift and revealed that Mitch's is no longer the contact info. Then I tried "Cleo Savas" definitive end to Mitchgate, and hope to tenant at 555 S. Forest. Apparently, the and had a hit which said she lives in West see you all at the celebratory "Mitch's is Art Museum will be renovating soon, and Bloomfield Township. I dialed 411 and Back" bar night in February. has leased the space to house a temporary wiJhtll..lJWJeS CJP'eMJe man}b1 • gallery during the renovation. No further hu\J�.tN,tJI �h. information was offered by First Martin, 0 CT 1 8 2005 CONTINUED on Page 18 �� ------�� =2======�==�=·�· · ·=·:.===±�� £s==®=£=s ta= =e==·======®= rro== b=cr·== 18=,=2=0=05=== �r �.es @.esta.e EditOfial:Readi ng Room 3l'Jo1 Sfi, �o. 4 �nifmsiil!nf ,fo1{id7igan 'PlafuJilir�nnl Ettiquette Not Just fo r Students
Editor-in-Chief he University of Michigan has The noise we' ve heard and heard about Mike Murphy W over 38,000 students, and the comes from the elevator banks, which seventh largest library system amplify sound back into the reading Executive Editor: in North America. One of most famously room rather than mute it. It emerges from Matt Nolan tranquil places to study when midterm offices around the exterior of the reading and finals time comes is right here at the room and in its ends. Chats from behind Managing Editor: Law School. It is the Reading Room. the Reading Room desk and its office Steven Boender also emanate back into the cavernous and But with great renown comes great echoing main chamber. Editors-At-Large: responsibility. While there is plenty of Anne Gordon, Karen Lockman reason for us to complain about breaches All of these "little" or "minor" intrusions of Reading Room etiquette by chatty to the silence of the reading room add up, Contributing Editors: and make for an environment that is Megan Barnard, Adam Blumenkrantz, undergrads or the cell phone ringers of Dan Clark, Antonia Eliason, forgetful law students, these issues are diminishing in both utility and charm due Diana Geseking, Sarah Getchell, Mitch largely corrected as semesters develop to this increased volume. The Reading Holzrichter, Matthew Jedreski, by the culture of the room and the Room should be a place where small Nate Kurtis, Alexis Long, glances of peers. Indeed, most visitors noises generally draw glances to correct Bever�v Schneide1; to the room hesitate to even whisper them, but because of the social dynamics Michelle Sharpe, Zach Smith, lest they disturb the deeply-focused of the inhabitants, these techniques Jay Surdukowski, Kim Thompson Michigan law students' concentration or cannot be applied toward today's main instant message conversations. Noise by perpetrators. Students cannot be expected Res Gestae is published biweekly during the students and outsiders is not the primary to stare down staff,nor to ask professors to school year by students of the University of finish their conversations before opening Michigan Law School. Opinions expressed in issue in the reading room these days. bylined articles are those of the authors and do their doors (or even, to close them a bit not necessarily represent the opinions of the An issue we've heard about with lighter). editorial staff. Articles with contact information increasing alarm is collateral Reading in italics at the end of the article or "submitted We at the RG understand that the by" in the byline are opinion pieces, not factual Room noise by staffmembers and (gasp!) news stories, and the opinions contained therein even some members of the faculty. No reading room space is multi-functional; are not necessarily reflectiveof the opinions of malice is assumed and intent would but we hope to in some way inspire the the editorial staff Articles may be reprinted be lacking were any allegations to be collective community to keep the Reading without permission, provided that the author and brought. But noise regulations generally Room's original purpose intact. Unless we Res Gestae are credited and notified. Res Gestae welcomes submissions and letters to the editor. operate on a strict liability system all consider the Reading Room a place Submissions may be made via email, preferably (barring fires and emergencies), and for serious and quiet study, and treat it as as an MS Word attachment. Letters of the edi intent to harm is not necessary for staff such, we may lose this jewel of a space to tor must be clearly and unambiguosly marked and faculty to disturb the blissful study an increasingly noisy world. "Letter to the Editor." Res Gestae reserves the right to edit all submissions and letters to editor environment that the Reading Room has in the interest of space. provided since its construction. •
Mailing address: Res Gestae University of Michigan Law School 625 South State St. Thurs., Oct. 20th, 10am•2pm - Wt5tA Tues. 80p AnnArbor, MI 48109 e & Wed., Nev. list& 2nd,lOam-1: m Ot\fiee Op n Soelal. Coffee, apple cider, -WLSA Bake Sale. Outside 100 HH. Web Site Address: donuts and more are provided. All members http://students.law.umich.edu/rg of the law school communityare .w.elcome. Fri., November 4th, 7pm - Jenny Runkles Fall Formal at the Michigan League. 'Fhis is Office: Oet. 24tb·Zfth}0ct• . 3J.st.,NovAth,11:30am- the law sdtoolis first formal event of ihe year! - Runkles tiekets. 116 Legal Research 1120pm Jenny Outside Festivities indud;e dinner, keynate speaker 11®0HH . $25/person. Tickets can be paid JoanEntmacher, Vice President of the National for in eas]tor by eh.eck(made out to WLSA). Womenfs taw Center, and, qfcourse, dancing. Buy early - last year tickets sold out in the [email protected] firstweek! '" ------111 Jl\.es®.es tn.e • ®.ctober 18, 2005 Hotel Rwanda Subject Rusesabagina AwardedWallenb erg Medal, Gives Lecture
By Megan Barnard repeatedly that "'never' and 'again' are "';Never' an:d 'a,gain' the most abused words in the world." �� ast Tu esday, before a packed the a:re � mast audience at the Power Center, "Tonight," he said Tuesday, "I urge 1J 1 ''in the University of Michigan abusel words each and every one of you to be a Raoul rec ed Paul Rusesabagina for the werld,." Wallenberg." his heroic actions during the 1994 -Paul Ru,se&:abagina Rwandan Genocide at the 15th annual The Wallenberg Endowment was Raoul Wallenberg Lecture and Medal established in 1985 in recognition ofRaoul presentation. is a non-profit organization that provides Wallenberg, a Michigan alumnus whose food, housing, job training, and legal self-sacrifice during World War II saved Paul Rusesabagina's Heroism assistance to refugees. the lives of roughly 100,000 Hungarian Jews. At the War's end, he was arrested by Rwanda had been strained for decades Heidi Manschreck, who worked for Russian soldiers and disappeared inside by fighting between two tribal groups, Freedom House over a summer, led the Soviet Gulag. the Hutus and the Tutsis. Tensions were SNARL's effort in this event. Manschreck particularly high in the early- to mid- said it was an amazing opportunity for The Wallenberg Medal has been 1990s. The Hutus were in charge of the Freedom House asylum seekers, many of awarded annually since 1990 to an government. Tu tsis were discriminated whom were highly educated professionals individual who embody the spirit of against on a state-level, including denial in their home countries. They rarely are Raoul Wallenberg and who have proved to education. Tu tsis formed a rebel army. able to engage in academic discussion ina through their actions that, as the medal's Hutus formed a militia in addition to the new country where they may not fluently motto says, "one person can make a state's soldiers. Each side killed civilians speak the language. Being able to pose difference." The Medal recognizespeople of the other side. As an estimated 937,000 questions to Rusesabagina in theirnative who have exhibited heroism and self people were killed outside, luxury hotel language was a revitalizing experience. sacrifice in the protection and rescue of the manager Rusesabagina opened his doors One Rwandan refugee who attended persecuted by resisting their oppression to thousands of refugees. Over three stayed at the Hotel Millie Collines during when the majority is silent. Past recipients months, Rusesabagina prevented many the Rwandan Genocide, and was able to include Marcel Marceau, Elie Wiesel, and deaths by calling in favors from both reconnect with a former classmate and the 14th Dalai Lama of Tibet. friends abroad and other Rwandans, the man who saved his life. and reasoning with the soldiers and What You Can Do to Help politicians who could have killed him, Says Manschreck, "There aren't many his family,and the hotel residents without means within the law to redress human SNARL has many volunteer projects fear of recourse. Rusesabagina's story was rights violations ....[Obtaining asylum or in which Michigan Law students may depicted in the 2004 film Hotel Rwanda refugee status] is one of the only ways." participate. Among them are outreach which starred Don Cheadle anc!received For a foreign national to achieve asylum and social activities with Freedom House, three Academy Award Nominations. status, he must have a well-founded fear as well as pro bono appellate legal work. of persecution. This is a future-looking SNARL further has a lobbying group SNARL's Partnership with Freedom standard, though if past persecution going to Washington, D.C. to support House was of the magnitude of the Holocaust, a bill involving refugee rights and an future expectation of persecution is not academic committee hoping to introduce Several asylum seekers from the required. an asylum and refugee law clinic to Freedom House in Detroit attended the Michigan Law's class offerings. If you lecture, escorted by the Student Network The Influence of Raoul Wallenberg would like to get involved in SNARL, for Asylum and Refugee Law (SNARL). contact Heidi Manschreck at heidiman@ Special guests to the lecture and reception According to Rusesabagina, the umich.edu. that followed, manyofthe asylum seekers violence in Rwanda continues to this were able to meet Rusesabagina following day, as it does in many sub-Saharan Nate Kurtis contributed to this story. the event. The Freedom House in Detroit African countries. Rusesabagina has said • · D ��------� � =4====���- �- 4�·· ·�- - --���. - ==���- c�s�@� cs�t�ac�·� ==�®�£���h�r£ �l�S�, �2�D�5==�� ProfeSSOr Weiler on EU Constitution: It Should Have Been a Treaty
By Antonia Eliason understandings." Whether this is good or ""1'1he thing that is radi·· bad for Europe depends on whether you ith the rejection of the cal in this doGume,nt are pro- or anti-EU. Weiler followed this European Constitution in statement up by admitting that had it not and t11:at drowaed it referendum by France on ' X• been called a constitution, the document was a word - the word M 05 and the Netherlands on might never have been written at all. June 1, 2005, the future of this document �cons·titutlon' :" is highly uncertain. The question that "!Joseph Weiler In Weiler's view, the preexisting has subsequently been asked by shocked conshtuhonal architecture had a certain proponents of tl1eConstitution is why the noble dimension which risked being that ow that the constitutional treaty ratification failed in those key countries. � lost m a wntten codification in a normal has tailed, it cannot be repackaged as In a lecture at the Law School on Oct. 10, constitutional process. The essence of the a normal treaty, since the people of Joseph Weiler, the Joseph Straus Professor status quo ante constitutional architecture Europe w1ll say that it is chicanery. Had of Law and European Union Jean Monnet was that Europe demanded constitutional lt never been presented as a constitution Chair at NYU School of Law, and a discipline from its member states and said Weiler, it would have passed, sine� former law professor at the University their citizens. treahes do not require referendums. of Mlchlgan, explained his view of the Constitution failure. And yet, Weiler said, it demanded The second significant result of the this discipline without a constitution failure of the European Constitution is Weiler captured the attention of the and without ever having been put to the that not only will it be much more difficult room with his eloquent and rational people of Europe as such. This meant to implement the sensible reforms of argument. In his view, the Constitution that it was a voluntary arrangement the constitutional treatYt but it will also failed in the referendum because it was - from a constitutional point of view, undermine its existing legitimacy. For presented as a constitution, rather than every member state had to make an example, the constitution states that as a treaty. Weiler began by highlighting autonomous decision whether or not to the law of the EU is the supreme law of the aspects of the document that make it accept this constitutional discipline. Weiler the land. According to Weiler, this was unlike a constitution -the length (150,000+ emphasized this point: "Theresponse is constitutional orthodoxy and had come words), and the absence of magisterial cond1tional and the conditionality is to be accepted by the courts of most states openmg and closing phrases. very Slgnlficant. The final word always and was never dramatically challenged. rests Wlth the constitutional courts of Some constitutional courts have left it There was no earth-shattering content the member states. The reason they open to be revisited but never have. m. the Constitution. It merely attempted said yes was because even though they to manage the aftermath of the EU's weren't obli ed, in some deep sense they "But what if there is a real clash � expansion from fifteen to twenty-five approved ot the project." between the norm of the EU and the members. According to Weiler, the norm of a member states?" asked Weiler. European Constitution is still formally a In conclusion, Weiler criticized the Now, he argued, it will be pointed out treatYtand does not shift power from the entire endeavor: "The constitutional that the constitutional document with the states to the Union-if anything, it makes project was a slide to banality _ take clashing norm was rejected. the EU more intergovernmental. Weiler thls very original structure and enshrine explained: "The thing that is radical it in a document and try and have it Weiler emphasized the impact of the in this document and that drowned it established as a normal constitution. rejection. "The status quo ante has been was a word -the word 'constitution'." Strictly speaking, what was presented shattered," he stated, summarizing Weiler then posed the question of why was a treatYt but that is not how it was hls earher points. "A ny of the sensible the word 'constitution' provoked these perceived. It was perceived as the kind reforms will be much more difficult reactions and whether this is good or bad of constitution you have in the member to sell because they were rejected as a for Europe. states. And in that respect, Europe wisely constitution, and because the Constitution rejected it." consecrated some of the preexisting In Weiler's view, what happened is conshtuhonal understandings, that will falrly significant in two ways. First, there constitute a challenge to the constitutional • lS no way to go back. Weiler argued ------111 JRcs(!f)cshtc • ®daher 18,2005 sll Court's 216th Session is One to Watch
By Anne Gordon At issue is whether police can ignore Rumsfeld v. Forum for Academic a1td and Nate Kurtis an initial refusal and seek consent from I1tstitutio1tal Rights, Oral Arguments a co-owner. Prof. Brensike predicts the heard on Dec. 6th ® n Oct. 3, 2005, the United States Court will say police can ignore an initial Supreme Court was gaveled refusat noting that case law on consent Rumsfe ld v. FAIR deals with the recent into its 216th session. Last holds that citizens are not actually Solomon amendment issues that came to Wednesday, the Federalist Society and the waving a right by granting consent to an prominence after September 11. Under American Constitution Society presented unreasonable search, but rather that one's the Solomon scheme, schools that do not their mmual Supreme Court Preview. The consent makes the search reasonable. allow army recruiters into their career event was moderated by Dean Caminker placement offices on an equal footing and featured Professors Don Herzog Maryla1td v. Blake, Oral Arguments with other recruiters risk losing all and Eve Brensike, who were invited by heard on Nov. 1st government research funding. For the the ACS, and Professors Roderick Hills University of Michigan, this would be a and Joan Larsen, who were invited by In this case, 17 year old Blake was loss of hundreds of millions of dollars. the Federalist Society. There, before a charged with first degree murder. The crowd that filled seats and aisles, they lower courts found that an officer saying The schools contend that the only detailed seven of the 'sexier' cases before 'I bet you want to talk to us now," after change from what was formerly acceptable the Bench this term, discussing both the Blake had invoked his right to council and is that now they are required to allow individual details of each case and their been handed a form saying the penalty army recruiting to be done in their offices. broader significance. for his crime is "death/' amounted to an They view this requirement as a form of unlawful interrogation. compelled speech; they are forced to say Dean Caminker first spoke briefly with their actions that they do not mean about the effect of having new faces on The question before the Court is their own non-discrimination policies. the Supreme Court this term, before whether a violation of the rights outlined Prof. Herzog says predictions are hard to mentioning a much more subtle change in past Supreme Court cases Miranda and make since neither side has a particularly that is likely to occur. The Supreme Court Edwards can be cured by subsequent firmargument from precedent. is a collegial body whose members interact conduct. Prof. Brensike believes the in a complex fashion. This shakeup court will say that it is possible to cure Go�tzales v. Orego1t, Oral Arguments of membership could alter the very an Edwards violation with later conduct heard on October 5th dynamics of the Court, subtly shifting its but that in this case telling Blake he didn't position on any number of fundamental have to talk and then re-Mirandizing Congress passed the Controlled judicial policies, including the breadth him before taking his statement wasn't Substances Act in 1970, which classified of judicial opinions and the tendency to enough. barbiturates as level two drugs that can overturn precedent. These possibilities, only be used for legitimate medical along with the new membership, combine Garcetti v. Ceballos, Oral Arguments purposes. In Oregon, physician-assisted to make this a Term to watch for more heard on Oct. 12th suicide was declared legal after two than just the cases. statewide referendums, thus in that state This case explores the murky barbiturates have a legitimate medical The Seven 'Sexy'Cases: jurisprudence concerning when first use. amendment protection kicks in for Georgia v. Ra1tdolph, Oral Arguments government employees who are fired Since Congress did not expressly heard on Nov. 8th because of what they wrote or published. outlaw the use of prescription drugs for Thdower court held that everything a physician assisted suicide, at issue is how This case deals with the fourth public employee writes is public and thus widely former Attorney General John amendment restriction on unreasonable enjoys first amendment protection. Prof. Ashcroft could interpret the Congressional search and seizure, focusing on consent Herzog predicts that the Court will find statute. Prof. Hills says this case is now as an exception to the requirements of that Ceballos, a deputy district attorney, too close to call. Before oral arguments, probable cause and a warrant. After Mr. can not bring his case before a jury, but he would have swornthat Oregon would Randolph told police he didn't want them notes that the precedent in this instance win, but the state attorney did a poor job. searching his house, they asked Mrs. is very unclear. He hopes the Court will He also points out that this will be an Randolph, who consented. clarify what is protected speech under the first amendment but doesn't believe CONTINUED on Page 19 that they will. ------���=fi======�== ·=·�=· · �· =·��·==�2R==es==® =e=s=ta=e==·======®==cro=h=c=r =18,== 2=0=0=5==���� History, Clerking, andthe Sox: ThirtyMinutes with Professor Blumenthal
By Sarah Getchell and can derive from studying history is that it about the contemporary implications of Mitch Holzrichter provides them with a critical perspective my historical research. on current legal rules and practices. usanna L. Blumenthal researches Lawyers and judges tend to tell stories RG: This semester you're teaching and teaches in the areas of about our legal past for instrumental Criminal Law to lLs, and next semester Anglo-American legal history, reasons, often conveying a false sense of you'll be teaching American Legal cr aw, and trusts and estates. She continuity. The more these stories get told History to upperclassmen. Do you have is currently working on a book that traces and retold, the more they become part a preference as a teacher, teaching lL's changing conceptions of human agency of the profession's self-understanding. or upperclassmen? and responsibility through the history of As they do, they can dull our sense of American law. ProfessorBlumenthal received the contingency of legal developments. SB: Not really - I actually like the fact her A.B., magna cum laude, from Harvard Ta king a more critical approach to legal that I have a chance to work with students Radcliffe College, after which she spent a history can have a destabilizing effect at va rying stages of their educational year on fe llowship at Oxford. She earned -unsettling established ways of thinking process here. First-years are great fun to her J.D. from Ya le Law School, where she about the law and recovering alternative watch as they slowly come to grips with was a Coker Te aching Fellow and editor of visions of how the legal system can what they've gotten themselves into by the Yale Law Journal. She holds a Ph.D. in promote social justice. deciding to go to law school -the initial American history from Yale University. Her excitement, the challenges, the doubts most recent articleshave fo cused on topics at RG: Why did you turn to Academia they experience over the course of a single the intersection of intellectual, cultural, and for your career? semester. I find that the upperclassmen legal history, investigating notions of judicial in my American Legal History course authorih; and legal competence in nineteenth SB: You know I turned, then turned and other seminars generally approach century America. away, then turned back, then turned the material with a lot of energy and away many times during my educational curiosity. After taking a number of RG: Why did you choose to teach at process. My parents are academics and doctrinal courses they become interested Michigan? so I early came to appreciate the freedom, in learning more about the historical the open-ended nature of that career background, or they want to pursue SB: I chose the school for a whole path. But I spent a lot of time during grad historical interests they first developed constellation of reasons. I was trained school doing clinical work and summer before they came to law school. Or they in an interdisciplinary manner, and internships, and I was really inspired by just want to try something different. The Michigan has a strong and long-standing the energy and commitment of many of interchanges I have with students in these commitment to approaching legal the lawyers I got to see in action. And courses often help me to clarify my own education that way. I'm also from the yet I also had a deep admiration for so thinking as I work in the field, so that's Midwest originally, and so I find the many of my teachers, both in college and an added bonus. And they seem more culture both familiar and congenial. grad school. When I was trying to decide engaged now that we've turned off the whether to go to law school in the first Internet, which helps (laughter). RG: Where did you growup? place, my undergraduate mentor put the matter in stark terms - she said I could RG: What is the most difficult thing SB: Minneapolis. either do good or become an academic. about being a professor? I found this rather jarring at the time but RG: You have a Ph.D. in American don't think she fully meant what she said, SB: I think the act of teaching is History, as well as a J.D. Do you think and despite what she said, she seemed to enormously challenging. I constantly the practice of law would benefit from me to be doing quite a bit of good from find myself after class-hours later more graduates with inter-disciplinary where she was sitting. thinking about interchanges I had with or joint degrees? students, and differentways I might have Anyway,my solution was not to decide presented the material that day. Even SB: Well, I think being broadly educated -to do a joint-degree, enabling me to though a good bit of the material I teach is certainly va luable in and of itself. teach on a law faculty, which presents me remains the same from year to year, it Beyond its intrinsic rewards, it seems to with the constant challenge of thinking CONTINUED on Next Page me that a further benefit law students ------· �=��c s �c s tac�· @cro her lB, 2005 · 7 �� ;���;� ;;�;�� == �· ·� CONTINUED from Previous Page ����; ���� � Realizing how�: much:�� immediately;::ili:��� turned on so many of the decisions the somehow feels quite different with each judge issued made the job quite daunting new class of students, which I sort of at first -in the sort of way that makes it like. I'm never quite sure what to expect hard to sleep at night even when you -- what students will find puzzling, are only working in the capacity of a when they'll get really riled up about law clerk. I got over the insomnia part something. rather quickly and ultimately really loved the unpredictability of every day I spent RG: How would you stereotype in chambers, and I learned more than Michigan Law students? I can possibly describe from my daily interactions with Judge Wood - seeing SB: Smart and earnest in the best was just witnessing the practical ways in how she approached legal problems of senses. I've generally found that which the law shaped and affected the and managed her courtroom. There was there's a relatively low gunner quotient lives of the litigants who came before something just plain amazing about her here- at least in the classes I've taught. the courts. There is something about ability to pierce through to the heart of a The social norms that seem to operate watching an individual at the moment legal controversy, particularly given the among the students make the classroom he is formally deprived of his liberty -it volume of the briefings that regularly environment quite pleasant -most seem reminds you of something you already flooded our chambers. to approach the enterprise seriously but knew about the legal system - that it without feeling the need to show each punishes those who violate criminal laws. RG: You've shared with your students other up. And that's just ideal from my But actually seeing it done is a different your observation of Jewish holidays. standpoint - keeps me on my toes for all matter- the rituals we go through as we How does religion inform the way you the right reasons. But I have to admit proceed to punish really bring home the think about the law? there are times I wish students would awesome power of the state. For my own interrogate the material more critically historical work, the clerkship proved of SB: I am very interested in the -pushing harder on the arguments made great value as well. I spent a lot of time historical interfaces between law and in the reading, by me, or their classmates. before this looking at trials in the 19th religion in America - particularly with There are moments when I wish students · century, trying to recover and reconstruct the way that law treats those who are would just get into it with each other and what this legal culture was like and how motivated by unconventional religious with me and just have at it-in a humane, people experienced it. Being able to beliefs. In my own work, I have been civilizedwa y, of course- observe the workings of a modern court studying the ways that nineteenth for a year helped me to think in more century judges treated individuals who RG: No weapons? complicated ways about what it must made eccentric wills or contracts on the have been like to be a judge, lawyer, or basis of religious convictions that fell SB: (Laughter) No. litigant in the periods I study. outside the boundaries of conventional rationality. In facing these cases judges RG: You clerked for Federal District RG: Did anything about the clerkship were extremely reluctant to cast the Judge Kimba Wood. What did clerking fr�strate or surprise you? believers as insane, on account of their teach you that you weren't able to learn commitment to the principle of religious in a classroom? SB: I wasn't quite surprised but I was liberty. But they also worried that such certainly overwhelmed by the profound individuals were peculiarly vulnerable SB: It was a fascinating year in my life responsibilities a judge has to carry home to the manipulation of others and they - I was exposed to many dimensions of with her every night. I had spent the year were sometimes also moved by the the legal process in concrete ways -seeing before my clerkship working in dusty claims brought by disappointed heirs, how a federal court worked from the archives, digging up information about who expected to inherit property given position of a law clerk was incredibly litigants who were dead for purposes to religious organizations instead. instructive. The docket of a federal of writing my dissertation. All of the district court truly runs the gamut. My sudden, I was thrust in an environment More generally, I am interested in co-clerk often said he felt like he was where the press were roaming the halls, studying the ways religious doctrines and taking a law school exam at the end of where Don King was in the cafeteria all belief structures have shaped American every day in a new fieldof law. I think the time, and where my research had legal culture across historical time. While that's about right. You also get to see to do with cases involving millions of most European countries underwent some of the very best and very worst of dollars - cases that would sometimes a process of de-Christianization over lawyers appearing before the court and become front-page news. the course of the nineteenth-century, that's an education on its own. But I suppose what I found most compelling CONTINUED on Page 19 �'' =8======�=�== · ·� ·· · ·=�= == �2R= £=s= ®==£ st= =a=£==·======®= c ro= =b£=r==18=' =2=0=0=5==�' ' r------About That Dream Job: A Chicago-Based AlumnusWakes Up
Submitted By Martin Barna On the third day,after orientation left me able to use the computers and find "J looked. around my office. he practice oflaw is really easy. my office'sphysical location, I was ready There was no work within I graduated from Michigan to work. I looked around my office. my immedlate viei,ntty, not Win May, passed the Illinois There was no work within my immediate even a red te>ttbook of bar exam in July and started my job vicinity,not even a red textbook of things things to read." in September. (After a jaunt across the to read. I was going to have to find this Atlantic where my seemingly bottomless "work" on my own. Unfortunately, it summer stipend was wisely invested on I'm a Michigan Law alum; that's just was the end of the billing cycle--that the Riviera.) how easy things are. special time of year when associates and partners, eager to make their hours for the I waltz into work around 9 a.m. and I'd tell you more of my story, but year, surrender work as rapidly as they take a look at the stack of assignments there are not enough drugs in the world would their firstborn. that partners and senior associates to keep this fantasy going. have left for me. I read the Post-It noted My firm's start date was seven weeks instructions: "Martin, urgent demanding I'm a first year associate at a very before the beginning of the next billing your immediate attention!" or "Martin, friendly and helpful large law firm. They cycle-giving me some time to figure out only you have the skills to find the one are patient and w1derstanding. And that how many hours I would have to spend piece of useful information in these 20,000 is a good thing, because I don't know in the officein order to hit the 38 billable pages of discovery." anything about being a lawyer. hours per week I needed to average.
I take a two-hour power lunch at Hell, after the bar exam, I'm not sure I Given my trouble findingwork (until Charlie Trotter and manage to drum know anything about law at all. (Which someone at my firm reads this column up some business for the firmfrom the I think means that I am just a pair of and doesn't realize it was mostly a joke), high-powered executive at the table ovaries and a Bible verse away from being I'm betting my hours at the office each next to mine, I mean, the firm's. I answer nominated to the Supreme Court.) week will be upwards of 200. my humming Blackberry between glib remarks with one hand and perfectly Like anyone else who went straight I said I'd discuss how useful law school top off my wine glass with the other. through from undergrad to law school was for this, and let me get to that. Three "To: Martin. Need U Back@ OfficeASAP: to employment, this is my first adult job. maxims will get you as prepared as Falling Apart w/o U." People tell you that law school doesn't possible: prepare you -and I'll get to that-but if (1) practice waking up in the I grab the first town car the service you want to talk about a waste of time, morning; can send over and hustle back. Secretaries, it's previous summer employment. And (2) use the casebooks and lectures to paralegals and senior attorneys gather by that, I mean the internships that fill the train your brain to focus on discerning around me in awe as I provide rapid fire gaps on our resumes, where we show off one minutia from another; answers to their questions. The day is our vocabularies by findinga descriptive (3) drink with people and practice your saved. At the end of the day I spend five verb to euphemize "paper shuffling." networking skills. minutes e-filing my motions with the Seventh Circuit, and walk out the door If you get fired from an internship, Focus on the last one especially,or else at five p.m. sharp, just in time to make you either stole from your boss or tried you will never make partner and never my racquetball game at the East Bank to make out with your boss' wife (or be able to engage in the fantasy life of Club against the general counsel of one husband). In an era where a law student high roller clients, fine cigars, and three of our biggest clients. I'll throw the game can accidentally e-mail the partners and martini lunches. Ok, you can still have in order to swing a little business my inform them that his summer associate the martini. way. Then it's off to a cigar at the Drake job is a mixture of fine sushi and sitting with the other associates from top law around hung over, and still get an offer, Martin Barna, Law '05, "works" and schools. and then do very well at his firm, you "networks" in Chicago. know how much most internships are worth in terms of real world experience. • ------lll 2£\es By Mike Murphy up, little campers! There are millions of flightlands and people jump up to open worse things in the world to be doing than the overhead baggage compartments, early a decade ago, when I was sipping lattes and readingContr acts. fearing that articles may have shifted an undergraduate, my friends in mid-flight. My girlfriend installed and I had this game where Am I still the same guy who won a a 70s-era space heater in her efficiency w y o flatulate on each other. (Feel playoff game of EA Sports NHL Hockey apartment with hardwood-floors and free to stop reading right now if you're 1996 so decisively that my roommate wood-paneled walls. I walked in and already offended .. Still here? Good.) We'd drop-kicked his Sega Genesis, then threw yelled "Oh my God, you are so dead have one ready and wait for your friend to it in the garbage? Am I still the same tonight when you fall asleep!" loud sit in a chair, lay down on a bed or (best guy who used to win cafeteria wasabi enough that the neighbors probably yet) crouch down to pick up something. eating contests? Or is the profitability of called the AAPD. Seriously, a description Quickly and quietly, we'd position our my dorkiness making me too serious? of her apartment looks like the facts abdomen as near to his head as possible To day, I can say "Professor, your argument pattern from a Torts casebook. and let one fly. of a nonjudicial resolution between the of feree and the offeror is not dispositive, since while it Legal education will have you seeing The aggressor would celebrate in a works as a matter of positivistic jurisprudence, reality through a litigious lens, but don't way not unlike that of a hockey player it is of fensive to normative public policy in give up the fight. Your individuality, after scoring a goal, and the loser would that it disincentivizes voidability. " idealism and personal history didn't end literally wallow in smelly shame. It wasn't when you set foot inthe Law Quad. We're so much actually getting farted upon that What does that mean, and what does it all changing from "people" to "lawyers," was horrible - though that was pretty mean about me that I can say it? I think but lawyers are people too. Embrace horrible - it was the embarrassment that it means that I rule. The beauty of that that change. Bum brightly! Any litigator really stunk (Yes, of course we wondered sentence isn't in the message it conveys, will tell you it's better to lose on a fiery why we didn't have girlfriends. Upon later but in that it does so with so many words dispositive motion to dismiss for failure reflectionI realized that It's pretty hard to that the common spellchecker (and to state a claim than be quietly denied common reader) cannot recognize. But it's certiorari without comment or dissent. get your mack on when your aftershave ' smells like your rommate's butt). a good measuring stick: the more of that sentence you understand, the less human Oh, snap! If you actually got that last Flash forward to two years ago, when it you have become. Microsoft Word, when joke, you must have a strong working seemed like my legal career, masculinity it sees that sentence, dutifully underlines knowledge of Neil Young and must be and ability to feed my unborn children it almost completely in red and concludes a total spastic nerfbag. I commend the effectively depended on my Contracts that I have lost my freaking mind. That former, but condemn the latter. Get out of grade. Flash forward to now, where I've annoying paper clip thing that gets the library, nerd! The world needs you! concluded that I'm more of a "Beta Plus in your way whenever you try to do Male" if you know what I mean. I just something has a more realistic grasp of I'd like to think I haven't changed in don't have the "fire" I used to - and by the colloquial English language and has the past ten years. But I'm putting my "fire" I mean "overwhelming dread of more residual humanity than I do. butt where my mouth is. My undergrad appearing unprepared and foolish in class friends are throwing a Halloween party and wasting three months of grueling Fine. I don't want to be forever banished in two weeks. It's the only time each year effort in a botched four hour life-and to the plain black and white pages from that all of us get back together. And with death essay-writing shootout with 99 of whence I came with an annoyed right a little Big Ten Burrito and some luck, I'll the smartest people I've ever met." click and nary a second thought. And I be there with a big stinky blast from the don't give a damn if it "seems like you're past, reminding them that some things But that's the kind of desperate thinking writing a letter!" I really don't. never change. you see on those dumb law student blogs; you know, the ones that are titled I can't say I'm not without quirks, Mike Murphy is the Editor-in-Chief of the "Three Years of Unbearable Pain" and however. I don't even want to talk about Res Gestae, and you don't want to be trapped "I Hate My Law School Life," and, "Are the abject horror I felt upon seeing the in an elevator with him. E-mail comments You There, God? It's Me, lL." Seriously, children's play area at Briarwood Mall two about this article to murphym®umich.edu. people. I love Woody Allen too, but buck holiday seasons ago. I sweat when my • II 10 �-9 �es (1i}esfae • ®doher LS, 2005 111------We're Offto Sip the Wizard's Martinis: Bar Night at Cafe Oz, Oct. 13, 2005 ------lll �rs �rshtr • ®.ctob.er lB, 2005 Attractive Nuisance: Laura Fargas By Jay Surdukowski oldest and best writing workshop centers in the country. She retired this year to his week's featured poet is teach and write full time at the Center and Laura Fargas. Her major book inGoddard College's low residency MFA Wis entitled Animal of the Sixth program. Fargas attended the University Day. of Pennsylvania Law School. She was a Ya ddo fellow and holds an MFA from Her poem appeared in the Atlantic Iowa- impressive credentials for any Monthly in the fall of 2002: poet. The world of poetry is small; the Laura F argas. world of poet-lawyers even smaller. Closer Laura Fargas The purple wingflash, the lover, faith, are I was fortunate to cross paths with all hovering dreamily,just out of reach. F argas in Washington, DC in the summer Most of what matters to me of 2003. She had taught some poets in the can be touched, but must be left The presence of Augustine and the circle I am a part of. I had an opportunity untouched, the bell hunched ordinary distractions abounding around through my work for Secretary Thompson over its silence until the moment him is a choice image. If the speaker to propose a poet to give a reading at a of telling. Saint Augustine said remains faithful to the memory of the national conference. Fargas agreed to when he prayed, even the straw other, it is a good scene to juxtapose do this for the government pittance we beneath his knees shouted to to day-in and day-out faith where the could scrounge up, and the reading distract him. Today is the day ordinary grayness of days can test was a smashing success. She was warm, of the small-eared rabbit lying anyone's faith in the memory of the one witty,and moving in a way you only pray on her side, at ease near me. beloved. St. Augustine is the author of poets will be. (Many poets can be anemic, I don't believe animals can tell "Confessions," which seems appropriate clove-smoking, and clueless or just plain who they don't need to be afraid of, to this piece. grandiose and snobby.) She read both though if I had that gift, I would have her own and other works dating as far tipped myself like brimmed-over What is it about the friendliness of back as antiquity. Agency bureaucrats wine vulnerable animals that can rend the and young staffers alike eagerly snapped into his arms anyway. The ducks heart? Perhaps it is that we see our up her books at the end. Maybe it was in front of me now sway in their own longing and imperfection all the the lawyer in her: the ability to connect one-legged sleep like dreaming trees. more clearly in these creatures that are and persuade, the capacity to be decent What would it feel like to stroke as simple as our hearts would be if we and to have empathy for her charges a mallard's purple wingflash? did not straitjacket ourselves in our whether it is the majesty of the federal Every moment in this dulling light relations. government or 300 ordinary folks who at the edge of a lake brings think poetry is dead. What would the a harvest of desires. What tames The ducks still seek food, optimistically, world be if poets had loyalties to readers these ducks? Occasional food, hopefully, despite the empty hand that like lawyers to clients? All poets should but they came to me a second time greets them. Who among us has not held go to law school. after not receiving food. Not out with the dumb hope of a loyal dog, trust, not stupidity,but a habit even after the distance, even after the The next day we had lunch by the of patience and a long wanting. smack on the nose. But the patience is not underground falls in the National Gallery. misspent. Sometimes what must be left It was one of those meetings that etches My read of this poem is that the speaker untouched can be touched after all -in deep in the memory. She has that poetic is ruing a lover now lost to time or more the poem and even sometimes in life. A black hole state of mind where everything likely, death. (I only say this because my long wanting can lead to a long having. is drawn in. Her imagination and curiosity hunch is this poem is more confessional are boundless. Not one to beat around the than not.) The poem's language is a mix Fargas is a thoughtful contemporary bush, within minutes she had us on the of quiet, specific detail, and the serenity poet and, until quite recently, a Labor chaos of Virginia Woolf novel-worthy of medieval religious wisdom through Department lawyer. While actively lovers, mourning, genocide, Africa, the presence of Saint Augustine and the litigating occupational safety and health rural life, poets, and poet's dogs. In fa st simple, almost liturgical language. The cases for the government for 25 years, succession we moved to the sad beauty notion of stroking a "mallard's purple Fargas kept up not only with her own of Jacquelyn Kennedy's grief-the clean wingflash" is a notion of impossibility writing, but also taught at the Writer's rendered with a painfully aware precision. Center in Bethesda, Maryland, one of the CONTINUED on Page 20 ·======®� ==h=c�S� ,�2=D=D5 ��------���===21 =====�==..�· �· ·��· ·==��==c s==®=c=s=ta=c == c ro r l ===�� Why I Still Believe in the FootballTe am at 3-3 By Matt Nolan to pioneer the intellectual frontiers of and are inspired by adversity rather than the world: human genome research, beaten into submission by it. c-; am now in my seventh year at a superior cancer treatment center, the University of Michigan, have and the development of the concept Were I on the football team, I would been to thirty-seven straight home of postmodernism (from the political be hungrier to win football games now fo o l games, and will have attended 55 science department) are a few examples. than I was at the start of the season, and games (home and away) by the end of this "Best" does not mean "better than you," that attitude rarely brings poor results. season. By the end of this column, I hope you but rather invokes the search to push The 1989 Michigan Basketball team won understand my reason fo r doing so. for the best that we individually and a national championship when nobody collectively can possibly be. tho�ght they could, partially because they The Michigan football team has never wanted to prove the basketball world had more than three regular season losses Now, you may think I'm blowing hot wrong. In 1997 the University was sued since I've been here, and has tallied at air, but having experienced and seen this over its affirmative action policies, but least eight wins per season since 1985. To University from more angles than most rather than settling the suit or changing put this in perspective, no other team in others, I can say that this simple song the polic� they fought a six-year battle to Division I football has won eight games that emanated from a football victory defend the values and standards they had in each season over the last decade; we've truly does flow through the culture of set for themselves. done it for two straight. In and around the University as a whole. When our the Big House, death, taxes, and eight professors teach, they don't try to teach The football team's spirit fuses all of the wins have been the three givens. "good enough"; they try to be their va rious interests and endeavors of this best. When our student organizations University together. When the campus This year's team hovers at 3-3 as I rally around causes, they do so to the divided between Bush and Kerry in 2004, write this, needing to either run the table fullest possible extent. I have been in both sides wore Maize & Blue on the at home against Penn State, Indiana, university administration meetings in Saturday of the election. Michigan goes and Ohio State, or steal road victories which questions about direction are out of its way to create a diverse student at Iowa (home winning streak of 21) or posed, and answered with, "if our goal is body where we all have to try a bit harder Northwestern in order to attain the six to be the Leaders and Best, then we have to to understand each other than at most wins necessary to keep its 30 year bowl do this the right way and without cutting universities which are more homogenous, streak intact. I'll still be surprised if comers." When 15 of us sat in a room and but having this powerfulcommon thread Michigan finisheswi th fewer than eight began the search that would ultimately that we can all relate to as a symbol of our wins. hire Mary Sue Coleman as the president drive and standards helps bridging that of the University of Michigan, emotions gap become much, much easier. When Louis Elbel wrote "The Victors" flowed freely about the importance of in 1898, he was celebrating Michigan's being leaders in ALL endeavors that we The University of Michigan seeks victoryoverthe "Championsof the West", take on, and the importance of having a to educate the leaders of tomorrow, to the University of Chicago's football team. president who inspires such a standard. provide the breakthroughsof toda� while What this song's imagery and cadence respecting and honoring the successes have come to represent over the past This is why the Big House increases and traditions of the past. These are century, however, is much more than the in size and improves every time another lofty goals, but they are brought together successes of a group of athletes advancing university attempts to surpass it; this by the Michigan spirit and our ability to a ball down a field. is why the Michigan Marching Band fuse them into a simplified ideal. "The continually adds to its repertoire and Victors" are not just the players in the " ...the Leaders and Best." People practices the traditional things harder locker room beneath the Big House after who don't understand the University of and harder; it is why Dance Marathon a win; they are each and every one of us, Michigan may consider this line to be ammallysurpa sses its fundraising efforts every time we take a step in the direction perhaps the most pompous and elitist from previous years. of progress and a better world. statement ever to grace a college fight song, but nothing could be further from I still think the football team will win I am excited that the football team is 3- the truth. What this phrase has helped eight games this year because, like all 3. It is only in true moments of adversity propel is a culture of excellence in other parts of this University, they are that we can really learn about ourselves everything the "U" pursues. "Leaders" hungry to prove they are better than CONTINUED on Page serves as a catalyst to try new things, their current record, have set high goals, 20 ------111 �cs By Nate Kurtis Tim Harrington: What kind of interview RG: A Dance Off? is this? nless you have been living TH: You could probably arrange that underground, spending all RG: ...Never mind. Have you heard if you like: an ad hoc dance off. your time studying, or haven't about the recent regulations Seattle ST: It really is great; it's huge, one of pe your head out of a library in the placed on strip clubs? The performers the biggest parties we throw all year. We last few months (basically, all of you), must remain at least two meters from usually run out of tickets and this year you've heard of the infamous Law School patrons, they must maintain 'parking we've got DJ Graffiti. Halloween Party. Of course, if you've garage' level lighting, lap dances have never been to one of them before, about been forbidden, and all tipping must [Note: At no point did either of my all you know is the name and the fact that be done in jars. These regulations were interviewees disclose exactly how they someone went as a cool robot last year. passed to 'help maintain the dignity of reached the $15 figure. Later investigation the performers and the city.' Is the LSSS revealed the following formula: Being the dedicated reporter that I considering similar measures to help am, I decided to learn as much as I could maintain the dignity of our professors, Take the price of renting the hall, add about the Halloween Party and pass that classes, and law school events? the price ofthe DJ and the transportation, information on to you, the reader. I risked multiply this number by the barometric life and limb to report this story for you TH: It is my understanding that we pressure, raise it to the power of the because that is what we journalists do: don't have any plans to regulate those. number of feet of snow that are currently exactly what our editors tell us. Seneca Theno: Besides, we already falling outside and divide the whole thing have parking (garage) level lighting ... by the number of sunny days in an Ann I began by sniffing out leads. An Arbor winter. anonymous source told me what he RG: That is a relief. Can you give us Since this last number is 0, the whole could: that the party will be on Friday some idea of what the Halloween Party thing is infinity, but you can't charge that Oct. 28 from 9 pm until 1 am at the will be like this year? amount so the LSSS then picks a number Links at Whitmore Lake golf club, that at random. Surprisingly, this is the same transportation will be provided, and TH : The new senators will be doing a formula used to calculate the end of year that tickets for the party go on sale at very dignified act. There will be some gradingcurv es.] lunchtime on Oct. 24 in front of 100 dancing, but I can't tell you any more Hutchins Hall. Pressing this source than that. RG: Is this a party exclusively for for more information got me nowhere, Matt Raymer: We are in the early law students, or can other people go probably because he feared exposing his planning stages of that right now. I as well? identity; also because he was a stairwell imagine we'll get more into it soon. I flier. do know that there will be party level TH: Other people can go if they buy lighting. And all tips will be put in jars. tickets. I knew it was time to go right to the ST: Usually they are going with law source, but the robot could not be reached RG: Why should students go? Why, students. for comment-hewas probably recharging. more specifically, should 3Ls go after So, with my investigative journalistsenses going twice before? RG: What sorts of refreshments can tingling -these are like spider senses only we expect for our $15? less useful around super villains- I sat ST: They should know why they down instead with Law School Student should go if they've been before. MR: There will be a cash bar. Senate representatives Tim Harrington MR: It's 15 bucks, cash bar, ST: I'm not sure if the non-alcoholic 2L, and Seneca Theno 3L to learn what transportation, and you get out of Ann drinks will be free. The water will be. I could about the motives of the LSSS. Arbor. Actually I don't know if that is Matt Raymer, 1L representative from the true, but apparently it is really well done RG: I've heard that law school is a lot MNOP sections, stayed standing. every year. We sell a lot of tickets. like high school. Does this mean you ST: And that$15 includes transportation are going to call my parents and have Res Gestae: Do you swear to tell the if you need it, there is food, the costume them chaperone? truth, the whole truth and nothing but contest, and there is always dancing. the truth so help you God? TH: You might call it a dance party. CONTINUED on Page 20 ®doh.er 18, 2005 II A Judge fo r All Cases, Places, and Faces Submitted By Patrick Barry stand, hadn't been in the dishwasher Intrigued by these bold forays into in over a month. And all over this one matters as varied as phenotype and pick met a judge who does what he question: was it half-full or half-empty? up football, philosophy and evolution, is, and not just in the courtroom. Now, this was probably the most difficult check-out line regulations and beer A traveling judge, a judge on judgment I have ever had to make, and science, I was curious how he reconciled ca , e wanders around, gavel in hand, after I did, it was as if the world's desire such eclectic rulings with the solemn legal choosing, ruling, and concluding. He for justice grew exponentially. First the traditions of procedure and jurisdiction. told me his training was in fairness, his chicken called me, then the egg. Next I "I know what is being weighed in Lady education in equity,and, to him, it would was inundated with calls from fraternity Justice's scales, and it's not dusty books be a waste of his powers to only use them guys in Madison. Apparently the "Tastes on conflicts of law." He was dismissive of in the presence of a bailiff. "Disputes Great... Less Filling" debate still raged. my questions about deliberation. "I don't exist," he explained, "some formal, many Soon I was even receiving notes from give much credence to the research and not. I am here to help resolve them. But English professors asking me whether searching for precedent that most judges don't confuse me with a mediator. I judge. what was fair was indeed foul, and vice do. I rule out of Aristotelian habit, swift That's what I am, that's what I do." versa. It was quite overwhelming." and judicious." Some of these disputes have involved While his more celebrated rulings have As we parted, I wondered where what might seem like minor grievances, often started from the aggrieved parties his rulings might take him next. Into such as when he ruled on whether blondes finding him, the majority of his judgments intellectual property and a decision on really do have more fun or when he arise spontaneously: on the street, in the who invented the internet? Or maybe decided whether Dad, in a game oftouch parking lot, at the store. "Yesterday,I was something criminal. JFK? Jack theRipper? football, did in fact get Johnny Jr. with buying some milk and I noticed a woman Tupac? "All of those sound interesting, t"'o hands. "I like those cases," he said. arguing with a cashier over whether but right now I am going to stick with my "Though small, they're not unimportant. buying 5 apples and 6 oranges counted as docket. First up- Israel v. Palestine." Nobody likes to have his touchdowns having 2 items, in which case the woman tilken away from him." Other disputes would be eligible for the express lane, or Patrick Barry is a Ph.D. student in hove been more legendary. "Back in whether it counted as 11, in which case Michigan's Literature and Language program. E-mail comments about this article to rg® 1993, a glass came to see me. You may she wouldn't. It was a mess. Fortunately, hove read about this. The glass was really I was there to settle things." umich.edu. distraught. Couldn't sleep, could barely • Take a Look Inside the O.C. Soundtrack By Matt Jedreski seen a few episodes of The OC, but I know then I predict a fistfight (I bet someone enough about it to understand that it's from Chino is involved. That place is so he track list for the upcoming basically one big music video. Here are ghetto.) OC soundtrack was recently my predictions for how the songs will released on Pitchforkmedia. be used. 04 LCD Soundsystem: "Daft Punk Is ((1111 . These soundtracks have been Playingat My House" successful at introducing relatively 01 The Subways: "Rock & Roll Queen" The first of two "post-punk" bands unknown in die bands to hoi polloi, An interesting first song that's featured on this soundtrack, LCD has wresting decent music from the greedy somewhere between the Sex Pistols, a unique sound that is often compared hilnds of music snobs everywhere. Iggy Pop, and the Stooges. The best way to the Parisian duo Daft Punk who gets to describe it is as the musical equivalent a shout-out in this song. The sound's While I am a staunch advocate of of a mean drunk. unique, and you can't be sure how many popularizing "good" music, I can live band members there are and how sympathize with these poor pretentious 02 Kasabian: "Reason Is Treason" much sound is synthesized. I bet that music lovers: before The Da Vinci Code Someone quite hip once described goofy Seth (that's his name, right?) will came out, I could impress girls by Kasabian to me as "electronic violence." be listening to this song while driving explaining what the Golden Proportion They're not quite The Prodigy, but if around town and realize he's gay. was. What good is a degree in Classics this song isn't part of an episode where now, Dan Brown? Anyways, I have only the kids experiment with goth raving, CONTINUED on Page 20 ------...,11 �£5 ®t>sht£ • ®dob.er 18, 2DD5 A Stranger Here Myself: TheInside r's Guide to LL.M. Students before you are admitted to the bar. Kind Submitted By of like a Darth Vader dilemma, except Matthew Gillett with bratwursts instead of lightsabers. In Israel you have to serve in the army ince arriving in the States, I before practicing. have been asked a range of questions; some good, some I guess it helps to know both sides of ba s is to be expected in a new the law. To practice law in Italy, it seems land of differing custom and sensibility. you need to look good on a scooter, However, inquiries as to whether we have be prepared to wear a man-scarf, and electricity in the Southern Hemisphere are big, even the goddamn insects are have perfected the dismissive "ciao" as and whether it is true that we wear cow big. Go out and you will be served sumo you walk away with your arm around testicle earrings on public holidays cause sized portions accompanied by generous another man's wife. Now I don't know me to feel that little is known about those jugs full of beer. (You call them pitchers; my piazzas from my biscotti, but hell, I'll not hailing from the fifty fine states. The I prefer jugs.) The stadium seems to be give that a try. perspective of outsiders is being drowned on the large size and could happily hold by the cacophonic tussle in the melting an extended Texan family. The squirrels In Korea you can be a judge at a very pot of ideas that we know as Michigan don't seem that big, certainly too small to young age. That's not funny and it Law School. eat, but I've heard rumors of oversized certainly doesn't mean they have the possums prowling the quad at night. blind leading the blind. It's enlightened. It is time to find a voice. To color in (Wait till I sink my teeth into one of those (If I know one thing it's that you don't the outline of those accented strangers beauties.) mess with Judges from countries that you who lurk at the front of the lecture halls. have to pass through to get home. Just To dispel the image of a ragtag bunch Amidst all this largesse, it is amazing ask Polanski why he no longer enjoys of euro-hippies and assorted stragglers that the people aren't really that big. summer trips to Cape Cod.) with outlandish notions and unthought Where are the Anna Nicole-Smiths and of eating habits. To join pins on the map the Big Puns that America is famous for? Apparently Mongolia has a better and present ...the "insiders guide to the One photo to send home (did I mention developed electronic banking system LL.M. student (and other miscellaneous that we used to eat people there?) would than over here. That doesn't have a lot foreigners)." suffice. I have searched, so far to no avail. to do with law, but come-on America, Perhaps the oversized all get recruited pull your finger out. In the yurts of Ulan People always say that when you go into the football team. But why on earth Bator they are iBanking quicker than to another country the most interesting would they be hiding halfway through y'all. WTF? differences are the small things. Take their season? I guess that at least the your family to the Acropolis and they stadium would fit them and the Texans, Whilst this information probably will be fascinated by the strange parking with room to spare for an ice-cream answers any questions you ever had machines in the carpark. Of course, after machine and a Wal-Mart. about the outside world, feel free to pull a beating or two, they will reluctantly up an LL.M. anytime. Who knows, they acknowledge the beauty of the historic Anyway, enough about you, more might have something interesting to say. wonder looming over them. But, they about us. My extensive research of the And maybe, just maybe, they'll be hot, � will soon return to the carpark to push LL.M.s has re ealed a funbag full of facts. single, the heirless to an oil empire, and Euro coins in to the oddly shaped slot. Did you know that Australia is the same willing to go out with you if you feed This rule of thumb is turnedon its head size as America? Apparently it also has them possums. in America. the same number of criminals. And, like here, half of them are in Government. Matthew Gillett is an LL.M. from New In theUS the most interestingdiff erences (Interestingly, it is rumored that tobacco Zealand. E-mail comments about this article are definitely the big things, which over rolled with "Miss Mary" (see Music to [email protected]. here means pretty much everything. The Review 10/4) is known as an "Aussie.") cars are big, the restaurants are big, the In Germany, you have to try both being a flags are big, the houses are big, the trees public servant and a commercial lawyer • ,3R.es ®eshte • ®.ctoh£r lB, 2DD5 II MITCH'S, from Page 1 Qu estion on the Quad: In Addition So I used to do music reviews, but "What is Yo ur Glory diminishing desire and a hungry crop of new staffers has sort of forced my retirement from the practice. Howeve�, Moment?" like Jay-Z, I'll never really retire, so here are some quickies. The new Atmosphere Reporting by Dan Clark and Jay Surdukowski record, Yo u Can't Believe How Much Fun We 're Having, is far better than Pitchfork would have you believe. Ant's production is more consistent than it's ever been, and Slug got the memo that his Everlast-esque singing on the last record was a little tired. Highly recommended for those who like hip hop but aren't really into the prevalent themes running through 80% of today's offerings. The new Death Cab For Cold play ... erm ... Cutie is out as well, and DCFC continues its trajectory toward adult contemporary slow jamz. Not that I don't like it, I just miss some of the dynamics Derek Adams, 2L Heidi Bond, 3L, Blogger of the old records. Still, DCFC is, pound On the 17th hole of my home club Well, I really like the dessert I made for pound, some of the best dorm-room championship. I'm one down, two holes last week. Actually, there were two. babymaking music out there, and guys to go, and I have an enormous shot over A yuzu panna cotta and a hazelnut don't have to pretend to like them the a huge tree and a rushing river. I put the tart with chocolate orange filling and way they do with, say, John Mayer, shot within 5 feet and hole out. We tied on raspberry coulis on the side. I think that though the line between them is getting 18, and I won the championship. was good. [QQ: See, http://blog.qiken.org/ harder to see. archives/2 00511 0/ dinner. htmll New Broken Social Scene = awesome, as expected. I love Danger Doom, the new collaboration between MF Doom and Dangermouse (of Grey Album fame), which features voices from the Cartoon Network's "A dult Swim" shows. I thought the Adult Swim thing would be cornybefore I heard the record, and now I must say that for some strange reason, it works, possibly because Brak rapping is one of the funniest things ever. Finally, I'd just like to state for the record that I'm fully on the Sufjan Stevens bandwagon. I fought it for so long, but Come On Feel The Illinoise won me over this summer and I still can't stop listening to it. Sheila Neba, 21 Victor Rortvedt, 3L Given that I have the attention span of a I would say the daymysister graduated Whenever I read a good webpage. hummingbird when it comes to music, from high school. I was a kind of that's saying something. I can honestly role model in her life, and it made me Dan Clark and Jay Surdukowski do the Question on say that Illinoise is my favorite record proud. the Quad when Jay is not slacking off. QQ has bem on since the Wrens' Meadowlands came out in late 2003 . holiday ... prison, actually. Ironically, we have the worst • f*king attorneys. ------111 JR.es ®esta:e • ®.ctober 18, 2005 Prof. Larsen predicts the court will find to meet me half way, but if they do, then COURT, from Page 5 that the government can interfere in this I can determine the outcome. instance. She said that before the RFRA, interesting case to watch for new Chief religious groups always lost their drug RG: Does that make you a responsible Justice Roberts, who clerked for a lover of related cases and that the RFRAwas likely agent for the Red Sox's loss? states rights, but is himself a firm believer not meant to overturn this common law in presidential authority. precedent. She distinguishes the situation SB: (Laughter) Well that's exactly why with the Native American Church by I became a serious Red Sox fan. I was Cuno v. DaimlerChrysler Inc., Oral noting the special relationship between watching Roger Clemens losing a game Arguments Pending the federal government and the Native [while playing for the Yankees against American tribes, a relationship it does Boston in the ALCS], and they showed A common state campaign promise not have with the UDV. his daughter in the stands, and I just is to bring bu siness to a community by felt bad for the Yankees. Clearly I didn't offering tax credits and exemptions. understand that as a Boston fan you The 6th Circuit took exception to this, Summary and Reactions NEVER feel bad for the Yankees. A good reasoning that tax exemptions are fine, Dean Caminker concluded with a friend of mine who is a lifelong Red Sox but if the state bases tax credits off taxes reminder that although Justice 0' Connor fan was furious, so I had to do penance. from other states, they are effectively is hearing oral arguments, unless the penalizing commerce done in another confirmation of her successor takes much state, a violation of the Constitution's longer than is expected, she will likely not • dormant commerce clause. cast a vote on these cases. Prof. Hills believes the Supreme Letter to the Representatives from both the ACS and Court granted cert. in this case to stop the Federalist Society were thrilled by the the madness. Beyond the question turnout. Both groups felt the panelists of Constitutional provisions is the Editor provided "a balanced view of the cases" propensity of the judiciary to 'mother' and that their " discussion was thoroughly the states, micro-managing them through Dear Mr. Murphy, analytical and intelligent." judicial doctrine. He predicts that the 6th Circuit court will be overturned8-1, w1th In the recent edition of the RG, Mr. Justice Stevens dissenting. Kurtis expressed some doubt and • confusion as to why he was admitted, BLUMENTHAL, from Page 7 so I write to clarify. He was admitted Gonzales v. 0 Centro Espirita · because he had the single best answer to Beneficiente Uniao Do Vegetal [UDV], America was becoming more religious. the question regarding what languages Oral Arguments heard on Nov. 1st This historical fact has had, I believe, a other than English an applicant speaks; profound effect upon the construction of you'll have to ask him for the details. The UDV is a religious sect with 135 legal authority in this country. members in the United States. As part of a ceremony, they ingest a tea made from While I rnay or rnay not have occasion to RG: What do you do outside of Brazilian plants that contains a schedule regret that or other decisions I have made, class? one narcotic similar to LSD. This practice the sad reality is that my enumerated powers do not include the power to retract led the DEA to confiscate the tea and SB: I would be watching the Red Sox if threaten prosecution under the Controlled admissions offers on the ground of oopsy they had managed to make it further in daisy. In other words, I have the power of Substances Act. The group points to the the playoffs. Religious Freedoms Restoration Act appointment without the accompanying that requires the government to have all-important power of removal. In the RG: Too bad they were swept by the a compelling interest to interfere with event I were to be granted such power, I White Sox. religious practices and must go about would pledge to use it for good, not evil. that interference in the least restrictive SB: I'm trying to become a White Sox Best, way. They also note the exception that fan. Congress passed to the CSA for the Sarah C. Zearfoss Native American Church with regards to Assistant Dean and Director of RG: At least the Ya nkees lost. peyote, arguing that on equal protection Admissions and non-establishment grounds, the The University of Michigan Law SB: Yeah, that's outstanding. I actually School Court must grant them an exemption believe I have the ability to control any as well. team I watch and back. I mean they have • ���2�0� ==�� ==��£ 5���£�s�t�a�£ ·======®=· =c t=ob=t=r�1=8=, 2=0=0=5==�� �------I �..�·.·�· ��·. �· �· � � FA RGAS, from Page 11 O. C., from Page 16 haven't been trained yet. sad fullness of her lips, the thin veil; to the ST: The school requires members of 05 Rogue Wave: "Publish My Love" reclusive poet Jack Gilbert smashing his each group to be trained to be Alcohol Rogue Wave played at the Blind Pig mind and fists abroad in a pure pursuit Hosts, and then you have to have a certain a few weeks ago and sounded amazing. of an anonymous poetry (Gilbert was number: for every fifty peopleyou need a This soundtrack will do to Rogue Wave a Byronic heartthrob and beloved by host. They stay sober, help out, and keep what that Jersey trash movie did for the Vogue and Glamour in the early sixties people safe. Shins. Because this track includes an after he won the Yale Younger Poets MR: Does this mean I have to be sober uncharacteristic electric guitar, it would Series prize-then he fled to Europe and at the Halloween party? be best set to the contemplative panning poverty); to the wolfing, almost inherent TH: Yeah, and you clean up vomit. out at the end of an episode. Wow, I can't bisexuality of politicians longing for the MR: Sounds like a lL duty to me. believe that just happened. support and love of women and men with an almost classical indiscrimination; to RG: What costume won last year? 06 Yo uth Group: "Forever Yo ung" the difficulty of poetry-the cardiac arrest Spare me. Could they have picked a of it-the devastation of meaning; to the TH: I don't remember, but I was talking more trite song for the first time Marissa drunk sinking numbing gray sweet fog with somebody who was actually very and Ryan bumped fuzz? of "memory and desire." stressed out cause he didn't know what he was going to wear. So, it's serious, 07 Of Montreal: "Requiem fo r O.M.M." A lunch with a poet like Fargas leaves people really do care a lot. And, he said This pop gem is reminiscent of Ween one with a taste for the universe. Poets last year one of the best costumes was and will inevitably compliment happier start where Einstein left off. the 'Robot'. times. I see either a pickup beach volleyball • ST: Oh yeah, the Robot! game or a cruise in a convertible . RG: What costume will you wear? 09 Kaiser Chiefs : "Na Na Na Na Naaa" FOOTBALL, from Page 12 If you have not heard the Kaiser Chiefs and put our values to the test, and in the TH: I'm really stressing out about it it might take you a few listens to warm world of Michigan Football, this is that right now, I don't know. If I did know, up to the falsetto "Na Na Na Na Naa" moment. Beating EMU 55-0 is fun every though, I don't think I would reveal it. hook of this British post-punk beauty. now and then, but I'll always enjoy being Soon, however, you'll be tapping your down by 4 with a minute on the clock and RG: What if other law school students foot (or whatever it is you do to make up the ball on my half of the fieldevery time. want to accessorize themselves off the for the fact that you can't dance) along In everything we do ...Go Blue. Law School Student Senate? with the energetic piano-driven harmony. My prediction: this song will be used to Matt Nolan is the Executive Editor of the ST: Good Luck. put a positive spin on heartbreak. "She RG and has attended one Outback Bowl, TH: They can come to us individually doesn't move me I She's not the kind of o11e Orange Bowl, and two Rose Bowls. He and make proposals. girl I like" is what we tell our friends, but disagrees with anyone who claims that sports ST: All proposals should be placed in our pitiful emails to her we beg and don't affe ct the culture of an institution, in the jar. quote Verlaine. city, or nation, and will love the University o( Michigan and what it stands fo r until the I knew there was probably more left 12 Imogen Heap: "Hide and Seek" day he dies. He can be reached at mjnolan@ to the story, but I didn't have time to Remember that band Evanescence that tullich.edu. find out. I had to get my costume! In you saw on MTV and on the black tshirts a veritable contraction of creativity, of angsty teenage girls? This is the lead I decided I should come as a lawyer. singer, givinga surprisingly good ballad • Unfortunately, the various costume and with no instrumental support wherein HALLOWEEN, from Page 15 party shops in Ann Arbor seemed to be her voice is construed to sound like TH: No baby, no parents. Actually the all out of leech, mosquito, alligator, and an electronic a capella. One hundred senate does provide alcohol hosts. intestinal parasite costumes (others of you percent a post-epiphany accompaniment, ST: Your parents showed up at your apparently had the same idea)! Instead, I although I can also see this song used high school parties? now have to go as Dean Zearfoss. during a montage of various people "putting their lives back together." RG: Urn,so, what's an Alcohol Host? Nate Kurtis is a terminally single lL. Questions, comments, and offers of pity dates Matt Jedreski is a lL. E-mail comments TH: As you can imagine, someone can be sent to: [email protected]. No other about this article to [email protected]. who is responsible and trained in hosting warranties expressedor implied. events with alcohol. I'm not sure, I • •