The Legal Profession's Dirty Little Secret

Summer 2014 Dale E. Fowler School of Law Volume 5, Issue 4

The Legal Profession’s Dirty Little Secret

See Page 11

Photograph by Stefano Mortellaro

The Armenian Genocide Copyright, or Copywrong: Garcia v. Google ALSO See Page 4 See Page 10 INSIDE THIS ISSUE CHAPMAN LAW NEWS Chapman Law Review: Partying Like It’s 1999...... 12 The Public Interest Law Foundation’s Silent Auction and Gala...... 16 10th Annual Religion and The Law Symposium...... 19 Interested in CURRENT EVENTS Fighting for Recognition...... 4 Advertising? Copyright, or Copywrong...... 6 The Legal Profession’s Dirty Little Secret...... 11 STUDENT LIFE The Science Behind Networking...... 10 Email Objection, Budget! Sustained!...... 8 What I Wish I Knew As A 3L...... 18 [email protected] Beyond the Classroom: Fowler’s Meditation Program...... 14 Top 10 OC Hikes...... 14 Editor’s Note “I can do more than I could ever imagine.” I think we have all come to find the truth in that statement. To think that only three years ago, we would have never consid- ered so many things we have done in these past three years possibilities. Today, we find sitting at a desk for 12 hours straight normal. Drinking at least 5 cups of coffee per day is part of our routine. When someone asks us out for happy hour, Editor-In-Chief Stephanie Lee Lincoln we’re already 2 drinks in. Law prom exists…and there are Managing Editor Ryan Anderson embarrassing photos to remind us of it. Jokes aside, we Senior Editors Hilda Akopyan have all come so very far in terms of our personal growth, Claudia Lopez maturity, and responsibility. The amount of productivity we Gaby Moncayo have become accustomed to here reaches levels that the Samantha Morgenstern majority of our peers outside of law school will never attain. Editors Arthur Arutyunyants Three years have passed and we are now asking Zachary Bernstein ourselves, where do we go from here. Many of us have no Priscilla George idea. The reason why we initially attended law school may Susie Grigoryan have evolved into something completely different or trans- Nathan Grosch formed into a broader or more specific form. Some of us may Casey Kiesling dedicate our lives to advocacy whereas others may forego Issa Nino the practice of law in lieu of other opportunities. Regard- Ravyn Rowland less of what we end up doing immediately after law school Michelina Perani or in the distant future, we have the ability to do things we Online Editor/Web Design Shaun Sanders were incapable of doing three years ago. It is clearly ap- Faculty Advisors David Finley parent that every single one of us is remarkably different Abigail Patthoff Disclaimer from the person that first entered the law school’s doors. The Chapman Law Courier is a publication of Chapman Uni- In these three years, we have experienced trag- veristy, Dale E. Fowler School of Law. Columns and signed edies. We have seen sadness fly below the radar un- editorials do not necessarily reflect the opinions of Chap- til it was too late. We have lost loved ones. We have felt man University, Dale E. Fowler School of Law or its affiliates. the physical affects of stress beyond our control. But out of these tragedies, we have found hope. Hope that we Letters to the Editor can help one another. Hope that others can help us. And Readers are encouraged to respond to the articles appearing hope that we can rise above our stressful experiences. in The Courier. Comments and/or submissions may be sent It is this dynamic that makes our law students to [email protected]. Submissions must in- clude the author’s name and contact information. There is different from others. We have a unique student body no guarantee a submission will be included in an issue and that is unlike those at other law schools. We are Fowl- may be edited for clarity, accuracy, and brevity if needed. er Law Students. Congratulations, to all my fellow 3Ls Read online at: http://thechapmanlawcourier.com/ and good luck to everyone continuing their journey. 2 3 Fighting for Recognition: Why We Will Never Forget the Armenian Genocide

By Hilda Akopyan were part of an organized and well-planned scheme Senior Editor which gave little opportunity for Armenians to protect themselves or fight back. Once the men were exter- This year marks ninety-nine years since the Otto- minated, women, children, and elders were marched man Turks massacred 1.5 million people, mainly Arme- hundreds of miles through the desert without food, nians, but also Syrians and Greeks. Turkey has denied water, or belongings. They marched to their deaths. its occurrence since it happened in 1915. Subsequent- ly, twenty-three countries have recognized the horrific Those who were not killed instantly were beat- acts that took place. Even though Henry Morgenthau, U.S. en regularly and tortured. Many women found ways to Ambassador to Turkey marked it as a “new way to eradi- commit suicide to avoid enduring continuous sexual cate a nation…[sentencing] a whole nation to death,” the abuse. Records, journals, and testimonies of survivors United States continues to deny that it ever happened. showed that the victims had their limbs cut off before they were killed. Pregnant women’s stomachs were cut The Ottoman Empire, ruled by the Turks, was open as part of horrific bets made on the sex of the baby. once powerful and prospered economically after seiz- While the rest of the world labeled this a “war,” genocide ing lands across West Asia, North Africa, and Southeast took place. As Yossi Belin, Israeli Deputy Foreign Minis- Europe. The Empire faced serious decline by the nine- ter, put it, “It was not war. It was most certainly massacre teenth century, losing a large portion of its lands by and genocide, something the world must remember.” 1914. In response, a group known as “The Young Turks” was created with goals of conquering Armenia which, at Less than two decades later, Adolf Hitler or- the time, extended from the Caspian to the Black Sea. ganized the most tragic and devastating attack against humanity — killing millions of innocent peo- On April 24, 1915, now globally recognized as ple. To support his bloody initiatives, he pointed Armenian Genocide Day, the Ottoman Turks killed Ar- to the Armenian Genocide, saying “[w]ho, after all, menia’s artists, poets, writers, and scientists. The attacks speaks today of the annihilation of the Armenians?” 4

Many Turks, however, were friends with the Ar- menians and could not stand to tolerate the inhumani- ty that was occurring. These brave souls put their own lives and families’ lives in danger to help as many Ar- menian families as possible by adopting young children as their own, giving them shelter, food, and hope for life. Other survivors escaped to different Eastern European countries and the Middle East, which ex- plains why most Armenians are from different countries. The Chapman Law Courier

Much of present-day Turkey belonged to Armenia is before the genocide of 1915. You can see the beautiful Mt. Ararat with its two peaks Sis and Masis from almost any- Currently Seeking: where in Armenia. For many decades, Armenians fought for their land back. Now, they just fight for recognition of the genocide that they went through. Nothing will rewrite history, but denial of the truth causes the biggest wound. Denial allows history to repeat itself. Spreading knowledge and Staff Editors awareness allows atonement for those who wrongfully lost their lives. As Belin has said, “We will always reject any at- tempt to erase its record, even for some political advantage.” Staff Writers

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Contact Stephanie Lincoln at [email protected] to join the Courier!

5 Copyright, or Copywrong: The Garcia v. Google Decision

By Ryan Anderson Managing Editor

In a highly controversial ruling issued on Febru- ary 26, 2014, the Ninth Circuit found that Cindy Lee Gar- cia, an actress, had an independent ownership interest in her performance in a film, and thus a copyright interest. Scholars, practitioners and many more in Hollywood have criticized the ruling because it has potentially changed the relationship between film actors, directors and producers.

The case involved Garcia, an American, who was cast for a role in a film tentatively titled Desert Warrior. The film’s writer and producer, Mark Basseley Youssef, pitched the film as an adventure story set in the Arabian Desert. However, when Garcia saw the 14-minute trailer for Innocence of Muslims on YouTube, in which part of her dialogue had been dubbed over, she knew it was a lie. The film caused uproar and protest in the Muslim world, and an Egyptian cleric issued a fatwa, calling for the kill- Cindy Lee Garcia, unknowingly in Innocence of Muslims, ing of all those involved in the making of the film. Garcia as reported by Matt Coker of OCWeekly. received death threats and had to take measures to protect herself, including relocating her home and business. 6 “I actually agree with the court’s decision,” Simultaneously, Garcia requested that Google said Yasmine O. Abdel-Aal, principal at Markah Le- remove the video from YouTube. Garcia filed eight take gal PC, a local entertainment and intellectual proper- down notices, a requirement under the Digital Millenni- ty law firm that represents talent and producers. “Any um Copyright Act, but Google refused them all, claiming other way would overly broaden an employer’s rights she was not the author of the work and had no other copy- to use an actor’s name, likeness, etc., in ways that were right in the work. Typically, an actor in Garcia’s position not initially intended or known to the party upon enter- falls under the Work For Hire Doctrine and vests his or ing into the agreement. It’s just a basic meeting of the her rights in a performance to the production company, in minds situation. Here, there was none,” Abdel-Aal said. this case Youssef. However, because there was no written contract between Garcia and Youssef, the court found that Ultimately, the circuit court held that Garcia’s performance did not qualify under the doctrine. the public interest implications weighed in favor of Garcia, and that it would “err on the side of Interestingly, Garcia applied for registration of life” when it ordered Google to remove the video. her performance—the same performance she sued to protect in the District Court--in the film and was sub- “The panel has adopted a novel interpretation of sequently rejected. In a letter from Laura Lee Fish- copyright law that will invite uncertainty and chaos for er, Chief of the Performing Arts Division of the Copy- the entertainment industry, documentary filmmakers, right Office, to Garcia’s attorney, dated December 18, amateur content creators, and for online hosting services 2012, Fischer told Garcia that her performance cannot like YouTube, allowing bit players in movies, videos, and be registered apart from the motion picture, and it is other media to control how and when creative works are not likely she will be able to register the whole work in publicly displayed…The majority’s approach opens the her name. This is in line with the Ninth Circuit’s ruling, door to an extra in even Gone With the Wind contacting which stated that Garcia did not qualify for registration. Netflix and demanding that it purge every copy of the film from its inventory,” Google responded to the ruling. The court did find, like it has in other similar situa- tions, Garcia’s contribution to the film was so minimal that Google’s request that it not be required to take there was an implied license transferring Garcia’s rights in down the video pending an appeal was denied. Howev- her performance to Youssef, and then the court also found er the court, on March 13, 2014, ordered Garcia to file that because of Youssef’s fraud in regard to the type and a response to Google’s petition for rehearing en banc purpose of the film, the implied license was exceeded. on the copyright issue. Garcia’s brief was due April 3.

7 Objection: Budget! By Kristalyn Lee I might have been stumped by a cold call, I quickly re- Contributor built my confidence with a new outfit for only $20. I even found a new shopping partner in crime, Nayda, who loves Whether instilled by my frugal father or just my a great bargain as much as I. Even though we may have own glorified version of a treasure hunt, I have aimed to live failed our Contracts final, a good faith effort deserves life on a budget since the 5th grade. My weekly allowance a trip to Nordstrom Rack. If I woke up early for a bar always seemed to go toward one common theme: clothes. prep on a Saturday…better hit Target on the way home. Rolling their eyes, my friends would ask, “Another pair of shoes?” Little did they know that I could buy my whole out- I prefer not to wait until I’m a lawyer when I can buy fit (shoes included) for the price of their new backpacks. whatever I want, whether it is on sale or not, because the I learned at an early age to get more bang for my buck. thrill is in the bargain: I will always surpass the retail racks with tunnel vision on the sales and clearance. I will graduate Once I committed to law school, all bets were with the skills to begin my career as an attorney, but I will off. The fact that I could buy a small condo with my tu- also be able to dress the part, all for just a couple hours pay. ition alone did not look good for my future as a shop- per. In order to sustain my addiction, I had to get creative. I opted to bring lunches and skip the bars: an BUDGETING TIPS $8 Bruxie was a new top at Target and a $9 whiskey • Go straight to the sale section: Contrary to any was halfway to a new pair of shoes at Nordstrom Rack. prior misconceptions, the sale section almost always has the same quality items, if not better, than the full- I managed to survive law school by living an en- priced section. joyable, balanced life…on a budget, of course. Shopping • Sell back your clothes: Buffalo Exchange in Costa became a way to de-stress from law school. Even though Mesa and Crossroads in Newport give you 30 percent

Left: Top – Ann Taylor Loft $15; Printed Pants – Forever 21 $12; Blazer – H&M $20; Shoes – Reflections (Irvine Spectrum) $15

Right: Top – Target $12; Houndstooth Tuxedo Pants – Nordstrom Topshop $19; Shoes – Reflections (Irvine Spectrum) $15

8 Sustained!Left: (WORK TO WEEK- END): Striped blouse – H&M $12; Sweater – H&M $7; Jeggings – Nordstrom Rack $12; Statement necklace – Forever 21 $12; Flats - Reflections (Irvine Spectrum) $15; Heels – Reflections (Irvine Spectrum) $15

Right: LOOK #3: Dress – Target $8; Statement necklace – Forever 21 $12; Blazer – H&M $20; Shoes – Reflections (Irvine Spectrum) of the amount they price your clothes, which $15; and my MOST would have normally gone to Goodwill. You important, best almost always have leftovers. investment I’ve • Keep receipts and pay attention to return ever made during law policies: Nobody loves buyer’s remorse. Tar- school - $250 adop- get, Nordstrom Rack, and H&M all have at least tion fee to Greendog a 30-day return policy. If you haven’t worn it in Foundation for my 3 weeks, return it! • Coupons and Groupon are your friend: As Maltipoo, Hank Kate Gosselin once said, “Forgetting a coupon is like flushing money down the toilet.” hurt, just take them back with your receipt! • It’s 5:00 somewhere: save a few bucks by grabbing • A tailored blazer and heels can class up any outfit: dinner or drinks at your local happy hour or Taco I swear by my H&M blazers, which retail for around Tuesday. $50, but often go on sale for $20. • Long hair, don’t care: sock buns and ponies make for a chic, professional look • Wear black or neutral colors to offset statement FASHION TIPS: BARGAIN jewelry pieces, prints, or loud colors: Forever 21 has a variety of statement necklaces for $18 or less. SHOPPING DOESN’T HAVE TO • Invest in a comfortable and versatile pair of flats for emergencies. LOOK CHEAP • If going straight from work to drinks, plan your outfit • The key in being fashionable is not how expensive a day ahead to allow you to quickly change in the the outfit is, but how you piece them together. car, such as different shoes and jewelry. See exam- • Favorite stores: Target, H&M, Forever 21, and Nord- ple with referee shirt…please excuse the selfies. strom Rack. Not to mention their amazing clearance • Exchanging a few minor pieces makes a huge dif- section, all of these stores have great, versatile ference! Start business casual with a sweater layered work-appropriate attire for both men and women. over a collared blouse and ditch the sweater and add Reflections Shoe store at Irvine Spectrum has a per- some jewelry and heels for drinks after work manent BOGO (buy one, get one 50% off), sales included! Even if your feet end up hurting after a week, Keep up with Kristalyn’s budget updates on where to you only end up spending $12 for a pair of shoes. To find great deals at http://lavidaleelee.wordpress.com/ invest in a more comfortable, quality pair of heels, I swear by Nordstrom and its return policy…if they 9 The Science Behind Networking

By Susie Grigoryan e the one to break the ice. There are always peo- Staff Editor Bple at networking events that have difficulty ap- proaching new people. If you decide to take the ini- tiative, it will take the burden off others, and they are We hear it all the time in the legal industry: likely to appreciate you more for it. Also, breaking the “Network, network, network!” I learned the importance ice shows people that you are confident in yourself. of networking when I was eighteen, but back then, What’s the worst that can happen? If your conversation I didn’t even know what the term meant. By chance, with someone happens to take a turn toward the nega- I realized that I could land myself a more stable job tive, remind yourself that there are tons of other people through friends than I would get just by applying on- in the room you can talk to instead, and just move on. line. I even experienced a warmer welcome at my new job because my friend had put in a good word for me. e enthusiastic. Happy people have contagious per- Bsonalities. It may not seem like a big deal, but you will Now, I’ve look more inviting become familiar if you put in the ef- with “networking fort to smile more. events” that re- People passing by quire me to step will see that you out of my comfort and your new- zone. The more found friend are networking events having a great I go to, the more I time talking to understand how each other, so they they work. Every- will feel encour- one can be suc- aged to approach cessful at network- you. It really works, ing – regardless judging from my of whether you own experience. are an introvert or an extrovert. It’s on’t forget all about mind- Dto follow set. Here are a up! Networking few pointers I’ve doesn’t end af- learned to apply at ter you leave the networking events event. Make sure over the years: to exchange contact information on’t la- and reach out to Dbel yourself. The moment you call yourself an people you met after a day or two, at most. My stan- introvert or an extrovert, you voluntarily place your- dard approach is to reach out by email, so that my new self in a strict category. You are whoever you choose contact can feel free to check his or her email and re- to be. Give yourself the chance to learn what to im- spond at a convenient time. LinkedIn is great, and prove on after attending a few networking events. sometimes Facebook works even better. Remember, each person you interact with is unique – try to get ook at it as a way to make new friends. It eases the a feel of each person’s likes and dislikes, so you will Ltension for both you and the person (or people) know how to sound when you reach out after the event. you are talking to. If you’re only honing in on find- ing a new job, people may feel like you don’t care The more networking events you attend, the more you about them. After all, we are human beings and want will improve! Everyone is capable of networking, but the to feel connections with the people we interact with. trick is in discovering the approach that is right for you.

10 The Legal Profession's Dirty Little Secret

By Stephanie Lincoln and female alike), even some here “playing nice,” baking cookies for Editor in Chief at Fowler School of Law, have been co-workers, dressing up like the other perceived by students to be sexist. girls, and avoiding making waves with When I worked as a legal as- According to a student who prefers others. As Professor Joan Williams of sistant prior to attending law school, to remain anonymous, “the biggest UC Hastings notes in her book, What I hoped that the sexism I experi- thing I have noticed is the differen- Works for Women at Work, profession- enced in the workplace was solely a tial treatment of the way men and al women are expected to perform symptom of being lower on the food women are perceived in the class- office housework such as bringing chain in terms of title. I also hoped room.” She noted that she can see cupcakes in for birthdays, order- that things had changed since 1996 this how “when a woman speaks her ing office lunches, and answering when the ABA’s Commission on Wom- mind or is acting assertive in the phones in the conference room more en in the Profession pointed out that classroom she is perceived as be- often than their males colleagues. “women continue to encounter sig- ing aggressive, whereas when a man Lois P. Frankel, Ph.D., an in- nificant barriers which prohibit their is being assertive in the classroom ternationally-recognized executive full and equal participation in law he is perceived as being confident.” coach who has worked with Fortune school.” But, what I have learned is Some students notice it by 500 companies, sets forth certain types that sexism is a symptom of the le- how the professors deal with dif- of behavior that might help women gal profession that is being transmit- ferent students during office hours. rise above the things that might un- ted from generation to generation. Others understand there is an issue consciously hold women back in the One generation gets used to by noticing continued preferential workplace in her book, Nice Girls the habit that it has seen practiced, treatment of some over others, which Don’t Get the Corner Office. Dr. Fran- and then once that generation is fin- is displayed in various ways. Anoth- kel does not push women to be more ished practicing law, many teach in er anonymous student said she no- “manly,” but instead, promotes wom- law schools. Thus, they take that habit, ticed differential treatment by how en to rise above being “girly,” in their bring it into the teaching environment, one professor “very obviously picks business interactions. In doing so, she and transmit that symptom on to the male volunteers over female ones helps women rise above stereotypes next generation of aspiring lawyers. and on numerous occasions, he’d tell that are often associated with women One Fowler School of Law a girl she’s wrong and then applaud who act like girls in the workplace. alumnus who asked to remain anon- a guy for an identical answer.” Her Some tips she provides ymous recently said, “The legal pro- method of dealing with this was by are that “unless your name is Bet- fession has failed to advance, as many dedicating her feelings to more im- ty Crocker, keep candy, cookies, other professions have, in terms of portant matters rather than letting his and other goodies off your desk.” work/life balance, making it impos- lack of professionalism concern her. Also, she advises not to ask for per- sible for women to be both involved Fowler Law School is not the mission and stop apologizing. An- mothers and ‘successful’ lawyers.” She first law school to see this problem in other key point that she makes is to pointed out that “this is demonstrated practice. At Harvard Law, some female “avoid couching your opinions in the by the fact that there are more wom- law students see it as male dominated form of questions.” Although women attending law school and more and a place that intimidates brilliant en should be hesitant to change be- woman associates at large law firms, women, making them underperform, havior due to the climate of the pro- yet very few woman partners.” She re- according to an article by Erin Fuchs. fession, the argument can be made solved her dissatisfaction with the le- Even though the “glass-ceil- that if women start demanding equal gal profession by leaving the practice. ing” has technically been shattered, treatment by breaking free of stereo- It is not a new proposition to women are often expected to fit the types, greater strides may be made. state that some law professors (male sorority sister or nurturing mold by 11 Chapman Law Review: Partying Like It’s 1999

By Adam Weidner And so, there is need for discussion…and de- Contributor bate. Tax law can be challenging, but a lot of the discussion is based on simple, non-tax ideas. The presen- ifteen years ago, the Chapman Law Review held its tations proved that we can best understand that tax first annual symposium. The topic: Federal Tax Pol- issues are everywhere, important, and not just “math.” Ficy in the New Millennium. Fast forward 15 years The first panel, moderated by Professor Bobby to where the Fowler Law School once again became a Dexter of Fowler Law, focused on specific tax issues af- center for tax law scholastics—the topic: Business Tax fecting the business world. According to Professor Jona- Reform: Emerging Issues in the Taxation of U.S. Entities. than Forman of the University of Oklahoma, pensions and It was fitting that Professor Frank Doti kicked off annuities are costly to the treasury, and are just examples the festivities. After all, he has been instrumental to Fowl- of the rich taking advantage of tax deferrals. He argued er’s tax program and provided the introductory piece at for a simplified system, so that all taxpayers can take ad- the first Chapman Law Review symposium. In his address vantage of the various retirement plans. Professor David Professor Doti mentioned that in 1999 there were many Hasen from Santa Clara University proposed to treat the calls for simplifying the tax code, and yet, since then, the taxation of corporate income differently for investors. His code has only gotten more complex. However, Professor plan is to provide for deductions to those who invest in cor- Doti mentioned that he feels that the federal tax code is porations, re- not complex: “It’s a damn good law,” said Doti. “It accom- ceive a divi- From left to right: Ericka A. Evans, An- plishes its purpose in getting those who can most afford dend, and then drew S. Gahan, Lauren E. Vanga, Stephan M. [it, to] pay more tax than those who can’t. But, at the same re-invest prior Brown, Christopher K. Wong, Blake J. Corry, token, over the years it has become frustratingly ridic- to the next tax Dallis Nicole Warshaw, Adam J. Weidner and ulous with respect to the bells and whistles in the law.” return. The aim Nancy Sandoval.

12 of Professor Jordan Barry University of San Diego was the University of Arizona to lower the corporate income tax because U.S. busi- discussed state taxation From Left: Prof. Bobby Dexter, nesses have a perceived disadvantage compared to of out-of-state partners, David Hasen, Jonathan B. Forman, international businesses. And finally, Professor Steven which could lead to ei- Jordan M. Barry, and Steven A. Bank. Bank of University of California, Los Angeles, feels that ther over-taxation or un- the corporate interest deduction should be capped. der-taxation because The second panel, moderated by Bahar Schippel each state taxes its citizens differently. Professor Darien from Snell & Wilmer, and Kelly Phillips Erb of TaxGirl, pro- Shansky from the University of California, Davis discussed vided a lively discussion regarding pass-through entities the emerging taxation issue regarding carbon tax, which (Subchapters “S” and “K”). Professor Roberta Mann from could be initiated on the state level, as opposed to a tax the University of Oregon felt that taxpayers should have starting on the federal level. However, such taxes could a choice when it comes to pass-through entities, because be economically damaging, as businesses would look choice is good. Her hope is to keep “S” corporations around, elsewhere, and so, the challenge is to level the playing as the vast majority of small entities are “S” corporations. field without violating the Dormant Commerce Clause. However, Professor Walter Schwidetzky of the University Todd A. Carper of Ernst & Young “cleaned-up” the pan- of Baltimore opposed this position because of abuse with el, noting that California will face many challenges, as it “S” corporations, explaining that partnerships are a bet- still has to balance the budget on a yearly basis (unlike ter deal anyways. Professor Robert Morrow from Fowler the federal government), and yet, align its tax code with Law, although unwilling to side with either of the other two the federal government (albeit on a delayed schedule). speakers, did profess that Section 704 (within Subchapter Moderated by Douglas A. Schaaf of Paul Hast- “K”) is his favorite, as it allows for the attorney to build ings, the final panel focused on the taxation of multina- a partnership around the business, and most importantly, tional corporations. Professor Robert J. Peroni from the allows for the attorney to have a steady stream of clients. University of Texas warned that the international tax sys- Professor Edward Kleinbard of the University of tem needs to be perceived as a fair system in order to Southern California presented the keynote speech during receive domestic support. He proposed an update to the lunch. Kleinbard said, “The reason that tax reform, in the source rules, among other proposals. Professor J. Clifton broad sense, cannot happen is because there is no agree- Fleming of Brigham Young University stressed that it will ment on the fundamental question ‘how large should gov- be unlikely that all countries will agree on an uniform ap- ernment be and how much should we finance.’” He fur- portionment program that meets everyone’s needs, but a thered explained that “Those of us who think about tax new system is needed. Professor Omri Y. Marian from the tend to think about questions in the wrong order… The University of Florida introduced a “negative” corporation ultimate question is: what should we be spending our tax residence test, to avoid the tax abuses associated with money on? And how to finance it is much easier.” Klein- shell corporations in tax-free jurisdictions. And finally, bard added that public debates about tax reform are un- Professor Tracy A. Kaye of Seton Hall University discussed productive because people are arguing about the wrong the tax-avoidance programs that corporations such as question, noting that we should focus more on where to Google, Apple, Facebook, and Amazon are exploiting. spend the money before we discuss how much to spend. The Chapman Law Review symposium covered a Moderated by Professor Michael Lang of Fowler lot of taxation issues in a short period. Although it was neat Law, the third panel discussed the effects of federal busi- to see that the Chapman Law Review went full circle by ness tax reform on state and local tax. Oksana Jaffe from bringing back a tax-themed symposium, the issues are just the California State Assembly presented the advantages as relevant today, and they will still be relevant tomorrow. (such as simplicity) and disadvantages (such as a loss of Maybe the Chapman Law Review is actually partying like legislative decision-making authority) of California auto- it’s 2099. All of the videos and presentations can be found at matically conforming to federal income tax law (currently, http://www.chapmanlawreview.com/archives/2448. there is delayed conformity). Professor John Swain from 13 Beyond The Classroom: Fowler's Mediation Program

By Arthur Arutyunyants observe the mediations. Dean Tom Staff Editor Campbell was one of these visitors. Dean Campbell express that “the The clinical mediation pro- work of our students, under the gentle Top 10 OC Hikes gram at Chapman Law is a hidden guidance of Professor David Dowling, gem. No other course or clinic offers was exceptional. The students en- students the opportunity to handle tered into a difficult, emotional con- By Michelina Perani multiple cases on a weekly basis. flict, and found common ground. They Staff Editor Mediators, with the guidance of Pro- operated with a high degree of professor David Dowling, work together fessionalism. Their work was highly 1. Top of the World Park to settle cases ranging from restrain- valued by the Presiding Judge of the 21601 Treetop Ln., Laguna Beach, CA ing orders to small claims appeals. Superior Court, who sought us out to Some parties show up pro per, oth- tell us so. And, as a learning experi- 2. Peters Canyon Regional Park ers with attorneys. Some cases are ence, I can think of few if any better 8548 E. Canyon View Ave. Jamboree heated, while some parties are eager ways to train our students in the skills Road, Orange, CA to settle and avoid a trial. Whatever necessary to be an effective lawyer.” the circumstances, students are able Apart from the mediation 3. Holy Jim Falls Trail-2.8 miles to learn valuable skills that directly clinic, Chapman offers a Juvenile Live Oak Canyon Rd, Trabuco Can- translate into the workforce. “The me- Hall Clinic as well. This is a very yon, CA 92679 diation clinic provides one of the best unique opportunity to meet with mi- practical experiences in law school,” nors who are criminal offenders and 4. Crystal Cove State Park according to Professor Dowling. His teach them the conflict resolution 8471 N Coast Hwy, Laguna Beach, CA students couldn’t agree more. The skills they most likely never learned. mediators develop useful commu- In other words, students help the mi- 5. Upper Newport Bay Nature Pre- nication skills and learn how to deal nors understand different techniques serve with attorneys and emotional parties. to resolve their disputes so that they 2301 University Dr, Newport Beach, As certified mediators, stu- can complete their incarceration con- CA dents sit down with the parties and flict-free and take the skills they learn begin by explaining the mediation into society. The program’s students 6. Bommer Canyon Trailhead process, specifically the neutrality are a testament to the wonderful prac- Irvine, CA of the mediators and the voluntary tical skills acquired with the hands- nature of the mediation. Most impor- on training that the clinics provide. 7. Whiting Ranch- 17 miles total tantly, the parties and the mediators Professor Dowling offers all Parking at Market Place at Portola sign a confidentiality agreement, of the mediation courses and clinics Parkway in Foothill Ranch and at standard in all mediations. Following during the Fall, Spring, and Summer Glenn Ranch Road the introduction, the mediators lis- semesters. Any student eager to jump Staging Area, Trabuco Canyon, CA ten, ask questions, and help the par- straight into the clinic and begin 92679 ties understand the different options mediating should contact Professor available, including the possibility of Dowling if they have questions about 8. Aliso & Wood Canyons Wilder- settling. If the parties agree to a mutu- the prerequisite requirements. Stu- ness Park- about 8 miles ally beneficial arrangement, the me- dents who aren’t planning on working 28373 Alicia Pkwy, Laguna Niguel, diators scribe a settlement, which is this summer and don’t want to pay for CA 92677 subsequently reviewed by the judge units can speak to Professor Dowling and signed as an official court or- if they are interested in taking part 9. Castaways Park- 2.9 miles der. Students have the opportunity in the mediation clinic as an intern- 1401-1499 Castaways Ln, Newport to mediate complex cases and craft ship. Students can speak with the Pro- Beach, CA settlements week in and week out. fessor in his office (room 446) or via Last week, the program had e-mail at [email protected]. 10.Irvine Regional Park- 3 mile the pleasure of having some distin- horse trail guished members of Chapman Law 1 Irvine Park Rd, Orange, CA 92869 14 15 Fowler’s Public Interest Law Foundation Raises $17,000 at Gala and Silent Auction By Claudia Lopez unpaid position in government agen- vres. Attendees were then escorted Contributor cy positions or non-profit organiza- into the dining area where a deli- tions working in the public interest. cious three-course dinner awaited n Thursday, March These students are passionate about them. Fowler Law’s Professor David 27, 2014, Chapman’s using their legal skills and knowl- Dowling, PILF’s live auctioneer, Public Interest Law edge to provide legal services to encouraged attendees during din- Foundation (PILF) clients from held Oits biggest event of the year at underprivi- Turnip Rose Celebrations in Costa leged com- Mesa. Students, faculty, alumni, and munities. fellow community members were This dressed in their best cocktail attire year’s Silent to attend PILF’s Silent Auction and Auction Gala. The event is organized and run began in the by the members of PILF, but the two evening, as students who should be recognized 130 attend- for their outstanding job in organiz- ees placed ing this year’s successful event are bids and Silent Auction Chairs Parisah Robin- mingled son, 2L, and John Hughes, 2L. Parisah with other and John started working on this attendees event last summer and faced a major over cock- hurdle in January 2014 when their tails and first venue option fell through. How- hors d’oeu- ever, they managed to power through and bring everyone together for this magnificent event. PILF’s Silent Auction has been ongoing for about 10 years and this is the third year that it has been held off-cam- pus. Its primary goal is to fundraise for summer grants given to students who choose to pursue an Top: The PILF Board: (Left to right) Priscilla George, CLaudi Lopez, Annie Lin and John Khuu Bottom: (from standing) Virginia MengQian Liu, John Khuu, (sitting, L to R) Jonathan Lee, Priscilla George, Claudia Lopez

16 ner to continue placing bids with his devoted their careers to the legal ty’s law school in the past and was enchanting accent. The highest bids public interest field. This year, the involved in Chapman’s Cortese Elder placed of the night were for a luxury M. Katherine Baird Darmer Commit- Law Center. At the Silent Auction, suite at the Staples Center to watch ment to Public Service Award went Ms. Gabbard mentioned how she either an LA Kings, Lakers, or Clip- to Bill Tanner, directing attorney advocated for clients seeking social pers game ($580) and a dinner with at the Legal Aid Society of Orange security benefits as a 1-L. She shared Dean Campbell ($300). County. Mr. Tanner began his career a story of how she would go to the The night also included speech- representing migrant farm workers Social Security office daily to help es from Dean Campbell, past PILF and seniors. He then worked at the those who needed help filling out grant recipients, and by the two Orange County’s Legal Aid Society their forms. One day she noticed PILF honorees, individuals who have in the Seniors and Litigation units be- the same man and asked him if he fore starting his low-income needed help. She soon realized that Taxpayer Clinic. Additional- this man was unable to help himself ly, Mr. Tanner initiated and due to mental issues. She shared with continues to supervise the the Silent Auction attendees how that Lawyer Entrepreneur As- day opened her eyes and how to this sistance Program (LEAP) to day she feels enormous gratitude help young lawyers become from contributing her time and skills effective counselors and to to the legal field of public interest. help low-income clients. Overall, PILF’s Silent Auction PILF also awarded and Gala proved to be a successful the Award for Excellence event. Although the exact amount in Public Service to Renee raised has not been confirmed, the Gabbard, an attorney at Bry- auction itself, without ticket sales, an Cave, LLP. Ms. Gabbard raised about $10,000. PILF also re- began her career as a Youth ceived $7,000 in sponsorships. Hope Commissioner for the city to see everyone at next year’s PILF’s of Cypress. While attend- Silent Auction and Gala and good ing USC, Ms. Gabbard was luck to the applicants for the 2014 the first student appointed PILF grants! to the Board of Governors, as well as President of the Top: Andrew Descombes and Katherine Norman Topping Student Currie-Diamond enjoying a night away from Aid Foundation, which pro- studying. vided scholarships to local Bottom left: Claudia Lopez pens her name for a indigents. She taught Estate raffle prize. Bottom right: Parisah Robinson and John Law at Chapman Universi- Hughes open the evening’s events.

17 What I Wish I Knew As a 3L By Sam Morgenstern anything is better than studying sional. It seems a whole lot more Senior Editor for the bar, even exercising).” daunting in your imagination Brian Nelson (J.D. ’11) than it actually is. You were able Although I will still be a 3L until 5. “Take as many courses on bar to make the transition to being Commencement on May 23, I can eas- subjects as you can. You have a law student, which is very ily think of sage words of advice for the to learn so, so much stuff for the tough. You will be able to make now-2Ls but soon-to-be-mostly-apa- bar. Any preexisting familiari- the transition to being a profes- thetic 3Ls. And luckily, many Fowler ty with the material is going to sional, which I think is actually Law alums have advice for you, too. be very helpful. BUT BEWARE: easier.” Brian Nelson (J.D. ’11) Read on for golden nuggets of helpful sometimes the stuff you learn in And just remember, “There are hints…and some stuff I came up with. the class will slightly contradict some (actually a lot) of really what you are taught in bar prep. dumb lawyers, and even dumber 1. Enjoy having a life before the Bar That will make you unspeakably judges. Practicing effectively re- Exam—and by the Bar Exam I angry, so proceed with caution.” quires being respectful, friendly, mean before Professor Mainero Brian Nelson (J.D. ’11) patient, and having thick skin.” adversely possesses your life 6. “Applications! You should be us- Kelly Manley (J.D. ‘11) from June through July. (Lame law ing your 3L year to apply to law 12. “Law school doesn’t teach you school-related joke count: One firms (or whatever job you want). how to be a lawyer. Practical ex- so far. Read on for more.) “The It may be easier said than done, perience far outweighs reading Bar sucks most in this order: 1) but setting yourself up with a job the books.” Kelly Manley (J.D. ‘11) Waiting for results, 2) Studying, before you graduate will save 13. “People don’t actually grow up as 3) Actually taking the test.” Kelly you from freaking out after the they get older. Workplace offices Manley (J.D. ‘11) bar.” Alexandra Khoury (J.D. ’11) have as much immature drama 2. Resist the urge to say ‘fuggeta- 7. “Take practical classes, for and gossip as middle schools.” boutit’ and skip classes to go to example, Trial Practice and Law Kelly Manley (J.D. ‘11) the beach, or whatever fun idea & Motion ” Nicholas Fortino (J.D. 14. “Finally, and most importantly you have in mind instead of sit- ’12) in my opinion, realize that you ting in class. I hate to sound like a 8. “I said to my buddy Joe, “Hey may not see many of the friends mom here, but we—or someone man, I’m helping out a student at you made in law school after you else—paid “stacks on stacks” Chapman with an article she is graduate. I made some incred- (thanks, Soulja Boy) to attend writing. She wants a list of things ible friends while I was in law law school, try not to squander I wish I had known as a 3L. Any school, but when I was there, I the education so close to Com- ideas?” He responded, ‘Um- didn’t really appreciate the fact mencement. mmmmmm.... Nope.’ So I guess that I got to see them all pretty 3. When you do attend class…”be” the advice would be choose your much every single day. Yeah, in class. And I mean “be” as in be friends wisely.” Brian Nelson (J.D. studying can suck, finals can in the moment. Not on Facebook, ’11) and the infinitely less helpful be stressful, and the bar is too not on Pinterest, not writing your Joe Werner (J.D. ’11) insane to even think about, but next class assignment that you 9. “Don’t stress too much about enjoy the fact that you get to see conveniently forgot to do until class rank because it is far less some pretty amazing people all you arrived in Select Topics. important than you think.” Nicho- the time. After you graduate, Listen to lecture, take some las Fortino (J.D. ’12) people move away, get married, notes, participate, and do what 10. “The transition from being a stu- have kids, and get busy focusing you have to do to be a semi-re- dent and studying for the bar to on their careers. Where once you sponsible law student during the being an adult with a full time job would see a good friend multi- last year. Kelly Manley (J.D. ‘11) is a tough one. Don’t be afraid to ple times a week, you may only agrees: “There will be plenty of lean on your friends, especially if see that person once a month, ‘I know there’s case law on this they are going through the same or once every 6 months, or even exact issue-- I learned it in class’ thing. This transition is especially never again in some cases. So moments, so thorough and saved tough if you went to law school make the most out of the oppor- class notes are still helpful.” straight from college.” Kristen tunity to hang out with the peo- 4. Go to the gym, the yoga studio, Briney (J.D. ’12) ple you’ve gone through the law the crossfit compound, whatever. 11. “Perhaps contradicting what school fire with.” Brian Nelson “Maybe you’ll hate it during your Kristen said, do not be overly (J.D. ’11) 3L year, but you’ll love it come worried or concerned with your bar prep time (because almost transition from student to profes- 18 10th Annual Religion & The Law Symposium

By Blaise Vanderhost C. Eastman and Lawrence E. Rosen- Rosenthal made historically-based Staff Writer thal weighed in on the legal dimen- arguments, comparing the contem- sions of the ongoing controversy. The porary objections to interracial mar- On March 20, 2014, Dale E. debate was contentions, but polite, riage and integration that were based Fowler School of Law hosted the 10th with both professors arguing vig- on religious belief about race, as Annual Religion & The Law Sympo- orously in favor of their positions. well as the history of discrimination sium. The Symposium, sponsored Professor Eastman argued that laws against Jewish Americans on the dou- by the J. Reuben Clark Society and requiring the accommodation of LGBT ble grounds of race and religion, to the co-sponsored this year by Fowler persons result in individuals being present discrimination against LGBT Law student organizations and other forced to choose between entering Americans, which is also predomi- local law schools, focuses each year the marketplace and practicing their nantly based in religious arguments. on hot topics relating to religious lib- beliefs. Eastman made frequent use The belief in religious liberty erty. This year, the topic was on the of the analogous hypothetical, asking, and the belief that minority groups conflict between religious liberty when discussing the issue of birth should not be subject to discrimina- and LGBT rights, as seen in the re- control mandates under the ACA, and tion in public accommodations are cent cases involving photographers the exception for religious employers both deeply held beliefs shared by and bakers refusing to provide ser- where the insurance company would most Americans. As this year’s Sym- vices for gay weddings, and the raft offer an additional coverage for birth posium debate demonstrated, there of bills in state legislatures, most fa- control that the employer would not are strong arguments for both sides. mously SB 1062, the bill reported as directly pay for, whether a Jewish Deli As Professor Rosenthal concluded, permitting private businesses to dis- could be made to have a stand selling “How you come out depends on how criminate against LGBT customers. ham on their premises, even if the gov- you balance these competing claims.” Fowler Law Professors John ernment was separately paying for it.

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