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Nota Bene, 2011 Nota Bene, 2010s

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Nota Bene, February 17, 2011

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THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL NOTA BENE WASHINGTON DC A Forum for News, Features, & Opinions in the Law School Community Thursday, February 17, 2011 Vol. 25, No. 10 GW Law Exam Schedule Conflicts with Passover the restrictions are less stringent, so BY BRITTANY BISNOTT to why this conflict is occurring. of you are not good at math, hence Staff Writer I can tec hnically take part in activities Students like Sheldon Cooper want the law school route, but your three like writing and using my computer." to know why the school cannot shift credit class is worth 2100 minutes!] The dates of Passover and the As a Catholic, Jesus is my homeboy. the school year a week or two later, If this is spaced out over our thirteen days that are absolute holidays pose a No, seriously, I love the guy! Being at ("like EVERY OTHER law school"]. week semester—including spring number of problems. Themost obvious The George Washington University Dean DeVigne explains that the break—coupled with the length of is that students with exams that fall on Law School the past two and a half graduation date—May 15, 2011—is the exam period and the need to abide the same day they are not supposed years has been hard. In 1L year, it set bythe University as a whole, ft is at by the University's graduation date, to engage in certain activities means was the first time in my life where I this time when the undergraduate and we now know why law school started that they cannot take their exams had school on Good Friday and Easter graduate schools host end of the year on January 3rd (much to the dismay that day. If students are like Sheldon Monday (look it up!]. However bad 1 events. University staff work overtime, of students and professors alike]. Cooper and Penny, w ho have exams had thought The George Washington thousands of people come to town to Not only are the Deans subject to the day after the absolute holiday Law School and religion conflicted celebrate, and the law school wants to the rules of the ABA, t hey also have days, they cannot study immediately before, nothing has compared to the assure that students do not miss out on their hands tied due to academic prior to the exam,they cannot contact clash between law school and the the festivities on campus. Thisincludes freedom. Professors reserve the right any friends or study groups, nor can Jewish fa(th as much as this year. anyguestspeakers—firstladyMichelle to gradethings how they want tograde they benefit from two whole days of GW exams occur from April 18 to Obama spokeat GW's Commencement them (how many points come from studying. While exams that fall on April 29 withMay 2 serving as a "Make- last year. Dean DeVigne explains class participation, t he in class exam, the holidays are rescheduled, ones Up Day for Examinations Missed that in t he past, the law school used research paper, etc.]. Additionally, that immediately follow are not. because of Religious Observances" (for to have a commencement date later the Dean's office cannot tell students Pennystatesthatalthoughsheknew any missed examinations that cannot than the university as a whole, but that they are able to take the exam that attending a non-denominational be made up earlier]. However, the the general school community felt any earlier than it is scheduled. At school would pose issues between Jewish holiday of Passover is occurring that students were missing out on the same time, there is a concern academia and her religion, she thought from Tuesday, April 19 and will the festivities; moreover, the law with students taking exams at a later continue for seven days until Monday, that GW would be "more in-tune with school had to handle all of their date, as they may get an advantage or April 25. [Note: In the Jewish calendar, the needs of a diverse student body; end-of-the-year events themselves. the professor might figure out which a holiday begins on the sunset of the Passover is probably one of the least The law school does their best exam belongs to that student. So the previous day, s o observing jews will obscure Jewish holidays." Penny did not, to ensure that on graduation date, Dean's office is working tirelessly to however, "expect the administration to students walking across the stage are try and figure out what professors celebrate on the sunset of Monday, cater to every religious groups' needs handed their actual diploma, not a will do: Write an entirely new exam April 18.] For the first time in fourteen and concerns in making an exam placeholder. One issue with this is that or have students who take the exam years, this conflict is occurring. The schedule," but she thinks that "having the Dean's Office had a difficult time later not get a letter grade. In the end Dean's office has triedto makestud ents finals fall squarely at the same time as tracking every student down to send though. Dean DeVigne wanted to make aware of the conflict since lastOctober Passover could have been avoided." them their diploma. So for students it very clear that students who cannot to help try to make the bestof this issue, Rajesh Koothrappali is in disbelief to get their real diploma on stage, get credit for their class will n ot be but this does not seem to be enough over the scheduling conflict between professors need to get their grades in penalized for taking more than the for a number of Jewish students. exams and Passover. While professors, by Friday, May 6 so that the records limit of seventeen ungraded credits, This means that not only will a student groups, and organizationshave office will have enough time to see what and lLs and 2Ls will b e able to flag number of students not be able to go been accommodating to scheduling students will be graduating,wh at their their transcript to show that the class home and celebrate this important concerns, Koothrappali does not GPA will be, and what academic awards at issueinvolve d special circumstances holiday with their families, some understand why a "tremendous will be given out. Professors will have to help ensure that this issue does students, such as Eric Gablehauser*, amount of hours have been wasted by to grade 3L make-up exams taken on not affect the rest of their law school are currently registered for numerous students attempting to figure May 2 by that Friday. While some may experience nor any job opportunities. "AWFUL" classes so that his exams out hownot tobe disadvantaged by the think it fine to receive a placeholder It seems though that in do not take place during Passover. scheduling difficulties." Koothrappali at graduation (Penny received a nice the end, according to Howard Leonard Hofstadter says, "It is as if GW was told that the exam period must folder at graduation and her diploma Wolowitz, Cooper, and Hofstadter, Law School do es not want Orthodox fall on those days because of a lack of in the mail two weeks later],the school students would have liked it if the Jews to enroll at the school." To funding in comparison to otherschools believes that students will be upset administration—once they realized Hofstadter, he wishes he "would have to have exam proctors available at an that they do not get their diplomas or that this was a problem—had spoken known about these problems before alternate time. This to Koothrappali grades because of religious holidays. with the religious Jewish students [choosing] GW[, because he] would is an excuse that he cannot believe. However, students like before coming up with the policy. To have gone to a different law school." Additionally, to Koothrappali, the Koothrappali wonder why the Wolowitz, "the GW administration One student, Penny, explains that fact that students cannot discuss the school does not try to make an and Dean's Office could do a better job , "Passover falls over an eight-day period, conflict between exams and Passover exception for 1L exams, as they do of communicating and working with bookended by two days on [each] end, with professors (due to blind grading not need to be graded by graduation. students to address their concerns." which are holidays that [are] observe[d] practices], in GW's "quest for fairness" Dean DeVigne explained that the by refraining from certain activities." the school is stifling the possibility for school is subject to the rules set by the *Students in this article were This includes things like writing, an amicable solution to be reached. American Bar Association ("ABA"] in named after characters in the hit using a computer, and more. Penny I spoke to Dean DeVigne, Dean order to be an accredited law school. TV show, The Big Bang Theory goes on to say that "the remaining of .Student Affairs, abo ut the conflict For every credit hour, a class must four days are also a holiday, though and she explained a little bit as meet for 700 minutes. [I kno w a lot

OPINIONS NEWS Bathroom Expose: Women Page 6 Client Counseling Competition Page 2 Thank You SBA Candidates Page 5 Bathroom Expose: Men Page 7 SBA Campaigns Underway Page 3 Free Trade, You're Fired Page 5 Hollywood Legal Page 8 Van Vleck Winners Page 3 Natural Gas Page 4 Page 2 Nota Bene February 17,2011 NEWS NOTA BENE Client Counseling 1919 PENNSYLVANIA AVE., N.W. WASHINGTON D.C. 20006 www.NOTABENE.GWSBA.COM [email protected] Competition a Success

NOTA BENE IS A BI-WEEKLY STUDENT PUBLICATION AT THE GEORGE WASHINGTON BY HUNTERANDERSNO client counseling tips and practice. UNIVERSITY LAW SCHOOL. NOTA BENE SERVES AS A FORUM FOR NEWS, FEATURES, AND Staff Writer Compared to previous events, OPINIONS IN THE LAW SCHOOL COMMUNITY. Rudolph commented that "the WE SEEK SUBMISSIONS FROM ALL AT GW LAW. On February 5 and 6, dozens level of competition this year was of students gathered on campus higher than last year" and that many EDITOR I N CHIEF "teams that were not selected for CLARE CAVALIERO to participate in the annual Client Counseling Competition sponsored the board this year would have been selected in previous years." MANAGING EDITOR HANNAH GEYER by the school's Alternative In order to offer participants a OPINIONS EDITOR KATE MEREAND Dispute Resolution Board. FEATURES EDITOR JILLIAN MEEK The competition provides current realistic and educational experience, NEWS EDITOR RYAN TAYLOR students an opportunity to practice the ADR Board provided a tip session WEBSITE EDITOR JILLIAN MEEK their client counseling skil ls a s they where current members demonstrated meet in two-person teams to discuss how to execute a strong, successful legal issues with fictitious clients. Top client counseling session. Additionally, STAFF rated participants were then invited to competitors were given practice JACK A LWOOD HUNTER ANDERSON join the ADR Board and participate in problems and fact patterns used in HEATHER BE NTON BRITTANY BISNOTT last year's competition as preparation. JAIME BUGASKI CHRISTEN GALLAGHER future client co unseling competitions. As with all law school competitions, ALEX GIANNATTASIO JENNETTE GRAY This year, seventy-two teams subjectivity a plays consequential role DAVID KEITHLY ANIKA KESWANI participated in the competition and TALHA KHAN A.J. KORNBLITH eleven teams were selected to join in this competition. To maintain a level LAUREN LOCKLEAR DAVID MUELLER the board. Jared Rudolph, chair of of competitive fairness, the ADR board CAROLINE PHAM MONA PINCHIS the Client Counseling Competition, established two new practices not DANIELLE ROSBOROUGH JONATHAN SHAFFER remarked that "the competition went performed in previous competitions. very well" and that several strong First, judges and those individuals competitors were selected to represent acting as clients were required to GW in future external competitions. attend training sessions where Rudolph explained that "most GW they learned to normalize their students receive no formal training scores through group discussions in this essential skill, and hopefully on effective client counseling. this year's competition provided Additionally, teams selected to join them with an opportunity to develop the board will participate in out-rounds effective client counseling habits to ensure that the strongestteams will before they encounter real clients." represent GW in external competitions. Among those students selected to These teams will participate in regional join the ADR Board was 1L student Erin competitions and may advance to Dykstra who said, • "the competition nationalandinternationalcompetitions. was a great opportunity to flex my Remaining board members will counseling muscles and engage in have the opportunity to participate something real attorneys do all the in other external competitions time: establish rapp ort with a client." focused on negotiations, mediation, Not only did the ADR board select and international arbitration. strong competitors, but all students who Overall, the competition was a participated in the competition were success and the ADR Board's purposes provided with important resources behind the competition were effectively for improving their client counseling realized. As GW Law students graduate skills - practice that most students and begin their practice, most will have The Law Revue Bands took to the stage of the newly renovated Red never receive during law school. many opportunities to counsel clients. Palace on Thursday evening, February 10, 2011. The bands had no Rudolph explained that the It is notable that clients approach trouble filling the audience despite the cold weather and apprehen­ purpose of the event is two-fold. First, attorneys with problems comprised sions about traversing to the unfamiliar NE q uadrant of the district the current board looks to determine of confusing facts and emotions— for the new venue. Attractive Nuisance began their set just after 8:30 which individuals in the student body not organized legal claims and PM and Motion to Quash followed, ending the show around 11:00 PM. have extraordinary skill in coun seling questions. As a result, effective client Both bands performed extremely well, and everyone in attendance clients for consideration in future counseling is a practical skill that seemed to truly appreciate all the hard work and effort of the musicians. events. More importantly however, the must be practiced and improved ADR board hopes to provide the general to achieve successful lawyering. Photo: Brittany Bisnott (vocals) and Dan Gerken (vocals & guitar), both from Attractive student body the ability t o become Nuisance more successful attorneys through

THE ENVIRONMENTAL LAW ASSOCIATION WOULD LIKE TO THANK THE FOLLOWING STUDENTS FOR TAKING A FIVE-MINUTE SHOWER PLEDGE FOR THE NEXT 28 DAYS TO HELP MAKE A DIFFERENCE IN CONSERVING WATER

Andy Byrne Thomas Zoh Lisa Lin Alisa Brem Kyle Nonan Shirley Liang Nicole Grosnoff Shannon Huecher Kathryn Brausch Noah Lerman Michael Chiego Rob Broohman Zach Mancher Brian Plunbett lean Tinhham Andrew Friedman Rich Matinelli Madeline Stano Rosie Griffin Ashley Mester loon Song Page 3 Nota Bene February 17,2011 NEWS SBA Election Campaign Season Underway

SBA exists to "establish justice BY ALEX GIANNATTASIO President of First Year Students. and the possibility of implementing Staff Writer "Voter turnout last semester "flex" exam schedules, which and ensure the educational was excellent," said Elyssa would give students the freedom values of student life, provide 2011 Spring Elections for the Tanenbaum, Director of Elections. to set their own exam dates. a responsive forum for varying student viewpoints, encourage Student Bar Association ("SBA") "The students really seem to Other issues include ongoing accountability among the students, are imminent. In addition to care about their candidates." concerns, such as budgetary faculty, administration, alumni section Senators, students will This spring, with the graduation policy, website maintenance, and surrounding community, also elect their next SBA President of current SBA President (and and student engagement and promote the general welfare of and Executive Vice President on former Fargo, North Dakota participation. And as always, the student body, and secure a February 23. You are expected reporter) Theresa Bowman, the every candidate insists upon tradition of academic excellence to make your voice heard. presidential vote is split between the importance of listening to and professional growth to The SBA, like the federal two incumbent Senators: Dean student concerns and grievances. ourselves and our successors..." government, is separated into Aynechi and Nick Nikic. Janet All campaign funding is to As such, accountability and three branches: the Legislative, Kang, Katie John, and Leonard be paid out-of-pocket by each representation through the the Executive, and the Judiciary. Rubin will compete for the position individual candidate. Senate Senators, the President, and of Executive Vice President. hopefuls . are precluded from ballot box are imperative to the the Executive Vice President are Several issues and platforms spending more than $35.00 realization of these goals. Debates are scheduled for February 16. elected byth e student body at large. have already emerged in the races. campaigning: executive candidates The Judiciary—a constitutionally Some of these are not new. For may spend up to $70.00. In Additionally, please stay tuned for mandated Supreme Court made up instance, monitoring of the graded addition, a rule bars candidates a special Nota Bene Elections Issue of five appointed student "judges," Legal Research and Writing from making use of social media and candidate statements posted including a chief judge—interprets program and the recognized websites, such as Facebook, for on the Nota Bene website. Finally, the SBA's Constitution and Bylaws, desire for an improved Career the purposes of campaigning. voting begins on February 23. both of which are available for Development Office are issues Candidates are limited to G-chat review at www.gwsba.com. past candidates have repeatedly for online voter outreach. In addition, the President discussed and addressed. Regardless of which candidate is empowered to make several There are new ideas too. For one chooses, it is important that executive appointments, including instance, the SBA s tance on how students vote. The activities of Chief of Staff, Vice President the law school should respond to the SBA impact student life to of Finance, Vice President nation-wide concerns about the a substantial degree, whether of Student Affairs, and Vice dissemination of misleading post- students realize it or not. graduation employment statistics, As our constitution says, the Van Vleck Winners Announced

Fleischman began working on the BY RYAN TAYLOR 1 isnet And lie 9 iixvm Saturday., News Editor competition problem in March 2010. Dean Alan Morrison, who February 19, § D.HI. argued one of the most recent Jonathan Maier and Sean Dormant Commerce Clause cases Sherman were declared the in front of the Supreme Court, winners of the sixty-first annual guided them through the process. one, qilf faw students and q Van Vleck Constitutional Law Moot Come come 'your fellow num­ "The semi-finals were far more Court Competition. On February 3, nerve-wracking than the finals ber of ijour professors will be performing in the zoh Lq* a crowd of over 400 watched Maier because we had to go up in front and Sherman—both 2Ls—face a of Dean Morrison," Sherman said. Revue Show. $e entertained q night filled wfth sing- team comprised of 3Ls Alexander Healey, Benny, Fleischman, Hastings and Thanh Nguyen. f'ng. acting Qnd dancing. Tickets are r3 m advance and and Dean Morrison said they Three Federal court of appeals were very pleased with how judges presided: Honorable Judge $6 at the

BY ALEX GIANNATTASIO One thousand cubic feet for such a procedure to damage or fracturing away from the EPA." Staff Writer of natural gas, equivalent to contaminate local water supplies With the elimination of the approximately seven gallons of and aquifers. Between three and comprehensive federal regulatory Throughout Egypt, people are diesel, currently costs around four million gallons of water standard environmental groups taking to the streets by the tens $4.00 in the United States. What's are utilized during the fracking had fought for, the states of thousands, in an apparently more, natural gas produces process, and the chemicals used effectively regained a monopoly on spontaneous act of massive between one-half and one-fourth are, for the most part, undisclosed. the authority to regulate fracking. civil protest. As Matthew Bova the carbon emissions created by Reports of high methane Since then "there has been a explained in the last edition of Nota petroleum use. On these grounds concentrations in water supplies big push to have the EPA study Bene, "[t]he Egyptian people are alone, it is easy to see why and "facets spewing fire" have the issue further, but without demanding a host of reforms: free natural gas is fast becoming a raised questions as to how safe the regulatory authority being elections, an end to torture, the highly attractive alternative to oil. fracking really is, and the impact vested in the agency, it's hard termination of repressive secret Traditionally, energy it can have on local populations. for that study to have any teeth." police practices, and the right to companies exploited Energy companies have Finding the right level of freely participate in the political "conventional" sources of natural denied that the process is unsafe, regulation comes down to balancing process." Similar demands have gas, usually highly porous rock but lawsuits persist, It begs the the social and economic perks of reverberated around the Arab formations found in and around question: what is the best way expanding natural gas production world, in Tunisia, Algeria, Yemen, oil reservoirs. The development to regulate fracking? How the in America against the potential Lebanon, and Jordan. But for and implementation of improved United States chooses to regulate injuries such an expansion the rest of the planet, the recent extraction technologies and the natural gas industry will have could cause. Energy companies bout of civil uprisings has drawn techniques, specifically horizontal major consequences as to how and scientists point out that into sharp focus the security drilling and hydraulic fracturing quickly Americans realize the instances of such injuries are rare. of Arabian energy sources. (or "fracking") are making benefits—and the drawbacks—of "You can argue about the Egypt, for its part, exports unconventional natural gas abundant natural gas resources. data all day long," Dean Juni said. a negligible percentage of the sources, most notably "shale George Washington Law "The question with respect to world's oil supply. Even with gas," economically viable. Assistant Dean Robin Juni energy development in general is two percent of the world's crude "Shale," or fine-grain has been practicing as an whether the value of the energy traveling through the Suez Canal, sedimentary rock formations environmental lawyer for twenty we're getting out of [the resource] Egyptian unrest alone won't bring often containing high levels of years. After receiving her J.D. at is worth the environmental risk." the industrial world's ability to tightly packed natural gas, is Harvard, the Dean went to work In Dean Juni's view, state fuel itself into question. Unrest being discovered and explored for the Department of Justice regulation buttressed by a in other nearby nations, however, all across the globe—and in no in its Environment and Natural federal regulatory backstop could could do just that. For now, the small quantity in the United Resources Division where she provide an effective regulatory question on everybody's mind States. For instance, the Marcellus took part in the original L.E.A.F. system. "There are a number is whether Egypt will be the last play, dubbed the "Saudi Arabia of v. E.P.A. case, a landmark case of models for that, [such as] Arab country to host a major natural gas," spans Pennsylvania in the litigation surrounding the Clean Air Act and the Clean uprising in the near term, or and much of southern New York. the regulation of fracking. Water Act, programs which have simply the most recent link in The EIA estimates total U.S. shale "The history of hydraulic operated pretty successfully,"she what Iran's supreme leader has gas reserves to be at around 600 fracturing regulation is said. "Seems to me that might termed an "Islamic awakening." or 700 trillion cubic feet. With interesting," said Dean Juni,"in that be a good model to follow for In 2008, eight of the top fifteen estimates on the rise, projections prior to 1997, the Environmental hydraulic fracturing as well." oil-exporting nations were Arab like that could make America a net Protection Agency ("EPA") Such a system, if implemented nations, several of which maintain exporter of natural gas while at believed that it didn't have the with an eye towards the real autocratic governments, according the same time meeting all of our authority under the Safe Drinking consequences of fracking, could to the U.S. Energy Information domestic energy needs, according Water Act ("SDWA") to regulate protect the rights of Americans Administration ("EIA"). The to John Deutch in the latest edition the process, based on the way living on or near natural gas middle- and long-term fates of of Foreign Affairs magazine. that the agency interpreted that resources while simultaneously these countries, including Libya, It all sounds too good to be statute." Before 1997, it had been encouraging safe production Iran, and Saudi Arabia, are now true: an inexpensive and efficient the EPA's position that the states of a cleaner, cheaper and less certain than they have been energy source, found domestically alone had authority to regulate more stable source of energy. in decades, if not centuries. in massive quantities, which could fracking. As a result, regulatory While it remains to be seen Enter natural gas. As of now, oil revolutionize the nature of our frameworks varied from state whether the Federal government is by far the number one source of economy, and the world at large. To to state, with shale-heavy will reassert its regulatory combustion energy on the planet, be sure, there are serious concerns, Pennsylvania, for instance, taking authority over fracking, one followed by coal. By c omparison, particularly with the hydraulic a largely hands-off approach, thing is for certain: the rising natural gas has historically "fracking" process utilized to while neighboring New York took economic potential of American been much more difficult reach unconventional shale gas. more direct regulatory action. natural gas will lead an expansion to obtain in substantial and When fracking, an energy That all changed, however, of production in the near future. economically viable quantities. company drills down into the in 1997 when the Legal As opposed to oil, which ground, following a slight curve, Environmental Assistance is traded at the same price such that the end of the well has Foundation, or L.E.A.F., sued the around the globe, natural gas is a horizontal view of the shale EPA for the first time (the case was currently traded separately in deposit, thereby maximizing followed by a related suit in 2001 three major markets: in North access to the gas. Small explosions, and an unrelated suit in 2005). America; in Europe; and in Asia. intermittently placed throughout L.E.A.F. asserted that the EPA was The price of the commodity is the well, open up small fractures required by the plain meaning of susceptible to fluctuations in in the rock. Next, water, sand the SDWA to regulate fracking, all three, resulting in a lack of and a cocktail of chemicals are specifically the process by which uniformity in global prices. In any hydraulically pumped into the well liquid was injected into gas«wells. given market, natural gas prices at high pressures, propping open "The court ultimately ruled tend to correspond to domestic long cracks in the rock formation, that the EPA did have the authority production relative to domestic and making the gas readily to regulate the process—and demand, as well as to the value accessible to the drilling platform that it should do so," Dean Juni of the gas as a fuel relative to oil above. The majority of the water explains/That was the law from and coal. It's a system that reflects and chemicals pumped into the 1997 until 2005," when Congress the historical realities of natural ground are not removed, but passed the Energy Policy Act, gas production. That system is on rather remain there indefinitely. which "affirmatively took the the brink of substantial change. The problem is in the potential authority to regulate underground Page 5 Nota Bene February 17,2011 OPINIONS Thank You, CandidatSBes,A For Caring Free Trade,

BY KATHERINE MEREAND BY MONA PINCHIS Opinions Editor Staff Writer

Are you pumped for the Student you and then runs the other way. A few weeks ago The Cato short on sense. For example, Bar Association ("SBA") el ections? And so from the outside where Institute's Dan Ikenson and Scott Harvard Economics Professor Then I pres ume either you, or your the rest of us are, anyone who steps Lincicome, a Washington, D.C.- Edward L. Glaeser, and author of best friend, is running for an office. up is relatively similar to anyone based trade attorney, published the forthcoming book, "Triumph I was asked to write about else who is stepping up. They a new paper, "Beyond Exports: of the City," recently observed, "[as general student body apathy will liaison with administration. A Better Case for Free Trade" [Adam] Smith moved from moral regarding the SBA elections, which They will coordinate (January 31, 2011 Free Trade sentiments to political economy, highlighted for me the extent of funding for student groups. Bulletin no. 43). The authors his focus changed from the my own personal indifference. The student body needs our argued that it's time for free trade perfection of private nature to the (Please no one tell my good representatives and relies heavily advocates in government and the improvement of public systems. friend who is running; I obv iously on the work that they do. There U.S. business community to develop Most economic writing since then wish that person all the best.) is little reason to think, however, a new strategy for selling free has typically shied away from The reasons forthatindifference that SBA functioning will ever trade to Americans. The authors offering moral advice to individuals are minorly perplexing. Proving be different than it was the year set up their proposal by observing: and instead focused on improving a negative is near to impossible before. It seems inevitable that "The fact that public opinion public institutions and policies. But and through this exercise I am student groups will get funding about trade is so malleable and that shift doesn't mean that there finding that explaining one is not based on the funding they had the arguments for restricting it so isn't a deep moral tenet - a belief necessarily much easier. Why year before. Itsee ms inevitable that resonant at times speaks to a in the value of human freedom - don't I c are? 1 s earched the inner there will be a Halloween party, a failure of f ree trade's proponents at the core of our discipline." "The confines of my ...apathetic-ness ski-trip, and the other social events to make their compelling message Moral Heart of Economics" The (?) and came up rather empty. will likely remain similarly static. stick. It issad but true that so many New York Times (25 January 2011). I reflected back to my And, much to my endless Americans need to be reminded of Enter Mr. Donald Trump at undergraduate days when I knew dismay, the de facto promotion of the benefits of being free to choose the Conservative Political Action multitudes of people uninterested student groups weekly purchasing how and with whom to conduct Conference ("CPAC") o n Thursday, in voting for elected officials of Dominos pizza due to the SBA's commerce. But in an atmosphere February 10, 2011. Mr. Trump all sorts. I witnessed strenuous exclusive arrangement with that where demagogues peddle myths delivered harsh criticism of and relatively costly efforts to corporation will remain. 1 resent to mislead the public into believing President Obama's leadership, run for student body president this situation more than anything that it is preferable for government asserting that the United States fail spectacularly—full on with else about the SBA, but not enough to limit their choices and direct is "becoming a laughingstock" elections fraud and their resources to chosen ends, around the world. As for his [future impeachments. The it is crucial that the case for Presidential nomination] platform, corruption was free trade be made more clearly, Mr. Trump stated, "I believe in fair sufficient to make comprehensively, and consistently trade. We don't have free trade. those not involved than it has been in the past." I love free trade but riot when directly toss up Lincicome and Ikenson propose China's manipulating its currency." their hands and an alternative case for free trade: He cited that as the "world's most walk away. And OTEJ "The most principled case is competitive business person," he I also recall the a moral one: voluntary economic would decide by June whether members of my exchange is inherently fair, benefits or not to get his hands dirty community service both parties, and allocates scarce (politically) and help the United corps similarly resources more efficiently than a States no longer be a "whipping throwing up their system under which government post for the rest of the world." hands at national elections, firmly that I have gotten involved. dictates or limitschoic es. Moreover, I'm curious to see how believing that no candidate would In the end, I do not believe that government intervention in economists and trade lawyers will invest inthin gs that really mattered, anything will change regardless of voluntary economic exchange on continue the on-going discussion namely programs for the poor. who wins the SBA elections. We will behalf of some citizens necessarily as to how China's currency policy These people shared an have dedicated people on which we comes at the expense of others and is not the primary driver of the overwhelming sense that politics will rely who will step up to do the is inherently unfair, inefficient, U.S.-China current account balance. and elections are onlyfor the people necessary work that the rest of us and subverts the rule of law. ... The World Trade Organization directly involved in the system. I apparently eschew. We won't know Beyond the moral case for free (WTO) Director General Pascal never liked that perspective, but exactly what they do, but we should trade, when people are free to Lamy recently discussed the I understand it partially derives say thank you. Unfortunately, buy from, sell to, and invest with problems with properly measuring from seeing little to no effect from this perspective doesn't help one another as they choose, they international trade and noted that the efforts of the governing body. promote voting for one volunteer can achieve far more than when "made in China" discloses very This leads back to present day over another. It simply makes me governments attempt to control little about global trade and that and wondering about what the SBA wonder why we cannot find more their decisions. Widening the circle this misunderstanding causes actually does. I ha ve to confess that ways to capitalize on the interest of of people with whom we transact greater friction between leading before researching this question for every candidate who steps forward brings benefits to consumers in the economies. "Made in China" The this article, 1 have only a vague idea. to serve our collective interests. form oflowe r prices, greater variety, Financial Times, (24 January 2011). Theresa always seems busy toiling and better quality, and it allows To help this issue, the WTO hosted on our behalf, and she sends out companies to reap the benefits a seminar from February 2-4 2011, handy e-mails about events around of innovation, specialization, and on how to properly measure global the law school. They host social economies of scale that larger trade (step1, getthe numbers right). events of many different sorts. They markets afford. Free markets All of this confusion leads to liaison with the administration, are essential to prosperity, and one sharp conclusion: there has the Career Development Office, expanding free markets as much as to be a better way to promote etc. They coordinate all funding possible enhances that prosperity." global growth and jobs and for student groups, which The Cato Institute is a very explain that it's more than yelling apparently includes petitioning libertarian public policy research out "You're hired!" Very quickly, the larger GWU community organization, and I myse lf am not government investments and to request our funding levels. sure a moral argument will "win national competitiveness can These are important things, the heart and minds of a sceptical evolve into protectionism. The and so 1 am thankful that American public." However, debate between free trade versus someone wants to step up to be Lincicome and Ikenson do highlight protectionism certainly will not responsible. It is reminiscent recent observations made by end today, and it seems both of when someone volunteers economists, and acknowledge the sides need better answers than to coordinate the office holiday harm often created by arguments pointing fingers and name-calling. party. Everyone else says thank that emphasize passion, but are February 17,2011 Page 6 Nota Bene FEATURES

JILLIAN MEEK AND HANNAH GEYER The GWLaw Bathroom Expose Where Has All The TP Gone?

up at us while we're still sitting Forget Egypt. Forget the Tea longer cut it? Tampon technology there's a receptacle behind that there, we're concerned about just Party. You want to bring up a hot Jias evolved since the late 1980s. door waiting for you to dispose how much water we're wasting. button issue in the hard lounge? Just looking at one of those of your ladyproducts. So what Mother Earth is mad, ladies. She's Let's talk about the bathrooms. ginormous things makes us happens when you throw your, super mad, and will probably And that conversation will turn uncomfortable. We do not want to um, "supplies" there? It just flies take it out on that bathroom first. ugly really, really fast. Not just pay for anything that looks like it at the unsuspecting person next Issue #4: Sanitation, people because you find out way more belongs in a hamster cage. That is, to you. One of your writers is still We're not sure why it's hard to about your friends or significant of course, when the dispensers are recovering from such an episode. throw paper towels in the trash. others than you necessarily stocked. It seems that along with Issue #3: Water, water, We're also not sure why sometimes wanted to (see next page), but also the failure to acknowledge that everywhere. there's wet toilet paper on the floor because nobody has particularly girls pee on weekends, the school Subissue A: The Sinks of the stalls. One of your writers good things to say. It tends to be a has also failed to acknowledge that Water comes from the faucet, parade of horribles, and everyone girls have happy moon cycle times and should flow directly into the is definitely not sure how... urn- has a story. Or two. Or ten. waste got on the wall of a third- Since the male perspective floor bathroom, but she is sure she will be covered, we thought it audibly dry heaved when she saw it. would be important for some The conclusion is simple, ladies equally in-depth coverage of the (and concerned gentlemen who girls' bathrooms here at the law have made it this far). We are not school. Now for some reason, sure if it is a failure of maintenance, people are more uncomfortable supply, or just common decency with the idea of an article about and basic personal hygiene on little girls' rooms than they are behalf of those utilizing the GW about little boys' rooms. That ladies facilities, but it's definitely might be because it's about to Get a failure we're dealing with. And Real up in this piece. We warned like all good Americans, the two you. If cursory use of the word of us know that the appropriate "tampon" is going to upset you, people to turn to are our elected gross you out, or throw you into representatives. SBA, we need a patriarchal rage, stop reading toilet paper on Sundays. And \\ere. Pads and 'pous are par A and some counseling for Hannah parcel [see what we did there?) after the flying tampon incident. of the lady-bathroom experience. Love, Jillian and Hannah. Issue #1: Supplies Jillian and Hannah would like It stands to reason that to thank the Municipality of roughly 750 women use a lot of North Cowichan," Duncan, British toilet paper, paper towels, and Columbia for this fantastic sad those weird tissue paper seat toilet clip art. cover things (maybe that's why whenever one of your writers goes into the bathroom, she discovers semi-wet ones stuck to CONGRATULA­ the toilet seats). That's a lot of TIONS TO THE people, specifically concentrated in the high traffic areas of the MOCK TRIAL two bathrooms on either side of the hard lounge, and the second COMPETITION floor library bathroom. That's a lot of paper products and trees and are sometimes caught without sink, making only one other stop: FINALISTS! that have sacrificed themselves the appropriate ladyproducts. your hands. How does it get all on for your bathroom comfort. Issue #2: Trash disposal the counter top? Are we taking a Here's what we don't lLs, this was never a problem break from studying by pretending ABIGAIL DWYER understand, though. How is it that last year. And we don't really we're eight years old and it's we are always out oftoi let paper by understand why it's a problem summer? Are we washing our hair? & the end of the week? Do we ration now. But unless we get some Subissue B: The Floors toilet paper? "Oops, too many eyewitness accounts of what's See above. What goes on in RACHEL HELFIN people tinkled on Thursday. Sorry going on, we're blaming it on you. these bathrooms? We've never ladies, we've gotta clamp down Probably the most disturbing seen anything but traditional (PROSECUTION) on TP distribution." Is it just that aspect of this issue is that the bathroom behavior in most of the women of George Washington little in-stall sanitary-product these facilities... so what's going Law go out and TP the White trash cans get moved around. on unseen? If someone is creating DAVID KEITHLY House on Thursday night after Sometimes they've been moved impromptu slip-and-slides, we're Bar Review? All we know is that if behind the toilet. Sometimes mad we haven't been invited. & you come in on Friday and have to they're under the divider, which Subissue C: The Scary use the facilities, you could end up means that you and your next- Autoflushing Toilet DORA LARSON with a problem. Maybe personal door neighbor might reach down Seriously. The motion finance is not the only place that at the same time. This is gross, detectors have trigger fingers (DEFENSE) a budget would be appropriate. especially if your hands touch. The like Dirty Harry after too many Maybe we need to acknowledge trash cans do occasionally end up espressos. The Stockton third that people pee on Sundays too. in the right place, but most often floor bathroom's handicapped Also, can we get an "Amen" to there is just a gaping hole between stall is probably the worst. Not the fact that this is the twenty-first stalls. So, please, double check. only are we concerned about century, and ridiculously bulky Just because the door to the trash the effects of whatever's in the cardboard tampon applicators no can is there doesn't mean that toilet being repeatedly splashed Page 7 Nota Bene February 17, 2011 FEATURES

DAVID MUE LLER AND AARON MARTIN The GW_Law Bathroom Expose Law School Men's Rooms: Worst to First

Last week I w oke up, had my with her long-distance boyfriend. This is a unisex bathroom. the second floor computer lab morning breakfast with a cup There were already enough tears. Apparently it is sometimes locked. respectively. The largest men's of coffee and made my way to Honorable Mentions: From It's larger than our bathrooms at rooms inth e school, these locations school. I was getting some good Worst to First our homes, but has asing le toilet in see a lot of foot traffic. There are work done when 1 needed a, The Rise of the Machines: the corner, and a small sink on the plenty of options, and always an ummm, mid-morning break. So I 3rd Floor Stockton opposite side. It smells terrible. open urinal and an open sink. opened the stall door, and hung You can get there by walking We don't know what else to say. Great for getting in and getting out. over the handicapped rail was- a from Lerner down the Stuart Coldest Sink Water: 4th It's not the best spot for Nota Bene opened to my column. hallway. On your right will be an Floor Stockton reading a Nota Bene. We both I've made it, baby! This column alcove filled with lockers. Back You can get there by walking know guys who will pick up a is dedicated to that anonymous there is the men's room. There are from Lerner down the Stuart paper and announce to the room reader. God Bless you, Sir. a number of things wrong here. hallway. It's on your right, just that they have some serious So my "editor" tells me that Let's start with the lighting. There past some professors' offices. business to take care of. We're not this is a pre-election issue. 1 have those guys. If you walk past the orders to put the sports briefly hard lounge and the soft lounge, on the back-burner and provide or past all the study tables on the readers with a decidedly "male second floor, and then emerge perspective" on an election issue. fifteen minutes later, the whole I have employed the help of my floor knows what just happened. friend and guest writer, Aaron Best 1L Space: LLlOMen's Martin, for this task. I would like to You can get there by going thank him for his professionalism to the Lower Lerner level, act as and dedication in this matter. if you were going to the lower We will be reviewing the law Stockton level, and it's around school men's rooms. I do n't know the corner. For some reason, not who "Nick for President" is, but I many people know about this one. expect him to be taking notes. Now Only lLs have lockers down there, this is just our (collective] humble and almost no one has classes opinion, but we will provide a down there in LL101 (also known worst, a first, and some honorable as the dungeon or the room of mentions inbetween. A huge issue requirement (you know, because for us is privacy. We also have it's freezing and cavernous)). a strict no contact, no-talking- On top of those factors, it's until-you-get-to-the-sink policy. around the corner. You wouldn't Thus, this is merely a law school now it's there unless you look. bathroom critique (and in no way You're working with three intended to be homophobic, just urinals, two sinks, but only one privacy-oriented]. Want to start handicapped stall. This was a with the worst? Ustoo . Let's do this. first year sanctuary. It flooded The Worst: Moot Court Men's this October, and someone got a Room (1st Floor Lerner) little aggressive and loosened the You can get there from the seat. We haven't been back since. H Street entrance by going are no windows and a single light We guess this is good for the Those are fixable (I'm looking through both double doors, above the sink. There isno overhead summer time to cool down. at you, "Nick for President"]. making an immediate right, and light at all. This contributed to Must Avoid During Finals: The First: Undisclosed entering the left door before the biggest problem—the stall. Lower Level Burns Location you enter the Moot Court room. Furthest from the light, the This is on the floor of the You can get there by finding The biggest issue is the darkened stall combined with library with the smoker's pit. If it yourself. We said we like our mirror exposure. When Patron A the automated flusher turns into you take the stairs down, make privacy. That said, we'll tell you is washing his hands and glances a big problem. We're also not a left. Go past the computers to a little bit about it. There are into the mirror and gets a full sure if there is a water pressure the end, and there is a hallway two urinals with a vanity screen view of Patron B at the urinal, problem, but when this toilet to your left. At the end of that between them; two sinks with we have a problem. One of us flushes, it sprays. Those of you hallway is the men's room. soap, and hot water. There are had the moment where the guy into bidets, this stall is for you. This one is pretty great three hand drying options. We at the sink saw something, and Another problem is the back- throughout the year. There are have the traditional hand pump then there was eye contact, and to-back urinals. A lot of people three stalls for options, including a paper towel, the motion activated then a mid-stream stop. That's wear their backpacks to the handicapped stall. There are three paper towel,and the hot air blower. awkward, and there's no need. restrcom, and there are some sinks with warm water. There is The handicapped stall has three Unfortunately, that's just the awkward spatial issues here. little foot traffic because you are coat hangers, a baby changing beginning. Because it's located On the plus side, it was great 1L at the end of a hallway. It's quiet, drop-down, and an additional near an entrance there are some year. No one seems to know about and the perfect place to read the seat. It's always well stocked. draft issues during the winter, and this location as a 1L, probably Nota Bene... until finals season. Now, w hile we won't tell you a lot of foot traffic. There is asing le because their lockers aren't During finals, the library where it is, we will tell you if stall that, while handicapped, there. All the 1L classes seem population increases two you find it. Inside the stall is a doesn't provide options. For some to be at the same times. Thus, hundred-fold (a rough estimate]. piece of paper with the words reason, I t hink this location gets there are no crowding problems. Because this location is at the end "Best Stall: Nota Bene 2011." It is missed by most of the cleaning So this is perfect for the 1L with of a hallway, and in a basement, signed by your co-authors. Feel staff so we have some cleanliness a quick break between classes. it tends to trap odors. It also free to sign it yourself. Perhaps and supply issues. Lastly, for some Also, because no one uses this flooded this winter, probably from we'll leave a stack of Nota reason, just outside this restroom stall, it's perpetually overstocked overuse. Just avoid it for the four Benes in there. Happy reading. is a popular place for people to with supplies. So if you're weeks at the end of each semester. make cell phone calls. One of us running low at home, and don't Best Quick #1: 1st and 2nd Picture from supercoloring.com. has stayed in there an extra twenty want to make the trip to CVS.... floor Stockton (Tie) minutes so he wouldn't have to Strangest: Stockton Cellar These are located at the end look at the girl who just broke up (in the library] of the soft lounge and across from February 17, 2011 Page 8 Nota Bene FEATURES

JAIME BUGASKI Hollywood Legal rfiotobcopeA Oh, Gary and Amber. Their or boyfriend/girlfriend. It also love is so hot and cold. One day protects victims of stalking, sexual AQUARIUS (JAN. 20 - FEB. 18) • assault, or sexual abuse who do not he is proposing on the beach, and No one wants to hear what you "felt" the case was about. Try read­ then, next thing you know, Amber have such a defined relationship. is attempting to push him down So, it looks like you may be out of ing and looking for a holding once in a while. the stairs (not an easy feat, as Gary luck in regards to that irritating must top 250 lbs). Maybe I shouldn't seat mate. Eye rolls and pointed PISCES (FEB. 19 - MAR. 20) be too hard on them though. After sighs will have to suffice for now. Your cell phone ringer is turned all the way up and your mom is But let's look into this all, life can get pretty crazy when about to call. Hope you're not in a class with a scary professor! you have a baby at seventeen. practical subject a bit further. And then sign a lucrative It's important to point out that reality deal with MTV. protective orders in D.C. are granted ARIES (MAR. 21 - APR. 19) Come on, now. Don't even act through a civil action. Therefore, LITERALLY no one is imprsesed when you ask a thoughtful ques­ like you don't know who I'm talking while there may also be criminal tion that shows your passion for the subject three minutes before the about. We have all seen Teen Mom. charges brought at thesam e time, the And I s uspect that I'm not the only injured individual, not the prosecutor, end of class. They're hungry, and it's lunchtime. Just stop. one who has spent six hours on the must petition the court for the order. couch, watching the marathon... However, if the petition is granted, TAURUS (APR. 20 - MAY 20) Even though it is likely that some any violation may then result in Pharos ate like, seven of your dollars. You went to the technology rating-sawy producers encouraged/ a criminal charge and jail time. help desk. That was a waste of your time, wasn't it? scripted/edited the altercations There are two types ofprotecti ve in the name of entertainment, the orders in the District. A te mporary law was not amused. In December, ex parte order can be issued the day GEMINI (MAY21-JUNE21) Amber was arrested and charged that one files his petition, without Not entirely sure why you haven't taken over Horoscope writing, but with felony domestic battery and the accused abuser being present in let us tell you: We are not impressed by your lack of initiative. child neglect after an episode court. The judge must be persuaded showed her slapping, choking, and that the petitioner is in immediate kicking the father of her child. Her danger. A temporary order lasts CANCER. (JUNE 22 - JULY 22) arrest also resulted in a temporary fourteen days but the judge may You will show up to bar review tonight wearing gym shoes, clothes restraining order, prohibiting her extend it in additional fourteen- with holes, a hat, and a jersey (with holes), despite explicit admoni­ from having any contact with Gary. day increments until the final tions by the SBA website not to. Rock on with your bad self. However, with the promise of court hearing is completed. A final a little Valentine's romance in the protective order can be issued when air, it seems that Cupid has brought both parties appear and present LEO (JULY 23 - AUG. 22) the duo back together again. On evidence (exceptions are possible You're low on money, so you've decided to eat nothing but the free Wednesday, Gary went before a judge if the accused fails to appear or food offered by various student organizations and during events for to request that the no-contact order consents) and the judge deems that be lifted. He explained that he never there is good cause that the accused two weeks. wanted the order in the first place has committed or threatened to and that they are working on being commit a criminal act against the VIRGO (AUG. 23 - SEPT. 22) a family again, with an end-goal of petitioner. A final protection order After going to the Justice Ginsburg lecture, you've decided the next marriage in mind. His request was lasts up to one year. However, the step towards becoming the most fashionable woman at GW Law is granted with one caveat-the two are length may bechang ed if either party still forbidden to be together in front files a motion and proves that there buying the exact same "diva" purse she had. Let me tell you now: of their daughter. Probably a wise is good cause to extend or rescind you'll never rock it as well as she does. decision. I m ean, TV crews are one it (as we have seen, good cause = thing, but seeing her parents fight dreams of an MTV wedding special) LIBRA (SEPT. 23 - OCT. 23) again could really mess that girl up. While protective orders limit Amber and Gary aren't the only physical contact between the two You feel like the articles about GW Law bathroom quality were writ­ "celebrities" who have recently parties, they do much more than ten just for you. sought a bit of a legal reconciliation. that. A judge may also order the Earlier this week,Rihanna consented accused to vacate a shared home, SCORPIO (OCT. 24 - NOV. 21) to Chris Brown's petition to ease give up anyfirearm s, return personal You've finally decided to take the Maryland bar over Virginia be­ his restraining order. However, her property, and provide financial reasons are lessabo ut love and more assistance. The petitioner might cause you don't want to wear a suit. It's okay, someone orrthe Nota about ensuring that the Grammys be reimbursed for related medical Bene editorial board feels the exact same way. Pajama testing! go off without a hitch. Under the costs, property damage and attorney original order, Brown was made fees. Mandatory treatment programs SAGITTARTIUS (NOV. 22 - DEC. 31) to stay fifty yar ds away from RiRi could be imposed. The judge has a (ten yards if the y were at the same good deal of discretion in drafting You plan on boycotting Barrister's Ball if it isn't held at McFadden's. event). It has now been reduced the terms of the order, so the MCFADDEN'S OR BUST. to a level one order, meaning that petitioner is encouraged to discuss they can walk the red carpet at the anything that he/she believes is CAPRICORN (DEC. 22 - JAN. 19) same time and Chris may have some necessary to be free from violence. You're not actually registered for classes this semester, you've just contact with Rihanna, as long as he So, whether you watch the does not annoy, molest or harass her. Grammys or Teen Mom (and you been showing up to stuff that sounds interesting. Nice move. Now that I've gotten you know that you're going to watch thinking about restraining orders, Teen Mom - stop denying italready!), you're probably wondering just how let's all be grateful that our legal tough it would be to get one against system allows restraining orders that annoying guy/girl who sits next to be modified for better TV. to you in p roperty, eating full sushi lunches and texting under the desk. A protective order is meant to protect an individual from abuse by a current orform er spouse, domestic partner, intimatepartner, housemate, someone he/she has a child with,