ALT

In This Issue The SALT Annual Awards Dinner to Honor Quigley, Lewis Intro to New Co-Presidents, page 2 Margalynne Armstrong, Santa Clara School of Law Co-Presidents' Column,page 3 Prof. Bill Quigley of Loyola University New Orleans will receive the 2004 SALT Teaching Award and Congressman Mini-Conference on Bar Exams, John Lewis will receive the SALT Human Rights Award pages 4-11 at SALT's annual dinner. The SALT banquet will be held on January 5th, 2004 during the AALS meeting in Book Review: Ending Poverty, page Atlanta. 11 The SALT teaching award recognizes extraordinary Prof. Bill Quigley, Loyola Univer- contributions to the teaching mission of the legal sity, and Congressman John Lewis Arthur Kinoy Tribute, page 12 academy. Prof. Quigley teaches Poverty Law and other judicial Nominations Battle, page classes and is Director of the Law Clinic and Gillis Long Poverty Law Center at Loyola. Both 13 his teaching and his active career as a social justice lawyer for numerous causes have inspired students to pursue social justice in a wide range of settings. Legal services, death penalty Conversation with Chief justice john abolition, community organizing, peace activism, and minimum wage issues are just a few Marshall, page 14 of the many areas in which Prof. Quigley has been actively involved. Awards Dinner continued on page 19 SALTat AALS, page 21 Retreats, page 21 SALT, FAIR Sue Department of Defense over Solomon Awards Dinner Reservation Form, Amendment page23 SALT Co-President Michael Rooke-Ley, Seattle University School of Law (visiting 2003-04)

With the help and support of our members all across the country, SALT and a coalition of law ALT EQUALIZER schools (the Forum for Academic and Institutional Rights, or "FAIR") have sued the Secretary

The SALTEqualizer is a publication of the Society of of Defense and other cabinet officers, challenging their efforts to force us to abandon our American Law Teachers and is published quarterly. long-standing anti-discrimination policies with threats of loss of all federal funds under the Solomon Amendment. The suit was filed on September 19, 2003, in federal district court in Eric S.janus Co-Editor Raleigh Hannah Levine Co-Editor Newark, New Jersey, and is being heard by Judge John C. Lifland. As of this writing (mid- Paula C. JohnsonJ Co-President October), oral arguments have been made, and we are awaiting the court's ruling on our lllchael Rooke-Ley Co-President Norm Stein Treasurer application for a preliminary injunction and on defendant's motion to dismiss. Joyce Saltalamachia Historian [Editors' Note: On November 5,Judge Lifland rejected the Defense Department's motion Mary McGlynn Layout to dismiss, but also declined to issue our requested preliminary injunction. The coalition To contact the S4LT Equalizer, write the editors at plans to appeal the denial of the preliminary injunction.] William Mitchell College of Law, 875 Summit Ave., St. Every accredited law school in the nation adheres to a non-discrimination policy that Paul, MN55105-3076; call 651-290-6345 or651-290- 506; or e-mail [email protected] or covers race, ethnicity, gender, physical disability, and a range of other characteristics, [email protected]. Visit the SALT web site at including sexual orientation. As Boston College law professor (and FAIR founder) Kent www.saltlaw.org Solomon continued on page 20 vv vv w.saltlaw.org

Introducing SALT's New SALT is all about: making it possible for the LatCrit (Latino and Latina Criti al people to achieve what they want to Theory) conferences; recently, SALT and Co-Presidents achieve." LatCrit have collaborated to conduct a Raleigh Hannah Levine, William Mitchell As SALT co-president, Beto hopes "to faculty development workshop to support College of Law continue to attract lots of people who progressive junior faculty and to foster don't necessarily have support for their their scholarship in critical outsider In January 2004, Paula C. Johnson and goals within their own institutions, but jurisprudence, including LatCrit theory Michael Rooke-Ley will end their tenure as can use SALT's resources to accomplish Like Beto, Holly - who is committed to SALT's co-presidents, and Holly Maguigan them." He sees the co-presidents as and Jose Roberto ("Beto") Juarez, Jr. will facilitators whose role is to help SALT take the reins. For Holly, Professor of members achieve their objectives. After all, "The good news is that Clinical Law at New York University School he says, "SALT's general members and of Law and Acting Faculty Director of the SALT is in great shape. board members do the real work of the Global Public Service Law Project, the co- Any problems or organization; the co-presidents' job is to presidency is the latest in a long line of make it possible for members to do that challenges we face SALT service positions. She has been a work." Holly, too, views the co-presidency come because ofour as a means of advancing the projects on success: We need to which SALT's members are already working. Rather than an opportunity to use our limited change SALT's direction, she sees the co- resources as presidency "as a chance to build on the efficiently and amazing work that's been done, especially effectively as possible in recent years." The new co-presidents, too, will have because we do so the opportunity to build on the work much." they've been doing for many years. As legal practitioners, Holly and Beto were already Holly Maguigan and Jose Roberto ("Beto") deeply committed to the goals SALT seeks maintaining SALT's focus on teacher Juarez, Jr. will be SALT's new co- to accomplish. Before she joined the legal development - is quite moved that so presidents in January 2004. academy, Hollyspent fourteen years as a manySALT members have suggested that public defender and private criminal they continue to develop SALT's conn t member of the SALT board for more than defense attorney. She sees her work with with LatCrit. The incoming co-president ten years and has been very actively SALT as complementary: "SALT helps me promise to consider such suggestions involved in teaching conferences and the in my own work to keep issues of race, class carefully, and they urge SALT's memb ers to Action Campaign, SALT's effort to respond and gender bias in the criminal court continue coming forward with advice to attacks on affirmative action by taking and system at the front and center of my ideas. steps wherever possible to reaffirm the teaching and scholarship," she says. As they prepare to assume the co- legitimacy of using race- and gender- Beto similarly considers his work with presidency, Holly notes, both she and Beto conscious criteria to increase access and SALT a logical extension of his are very excited by the opportunity to opportunity in law school admissions and longstanding dedication to civil rights collaborate not only with "old friends at throughout the legal profession. work. As a staff attorney for the Mexican newpeople doing remarkable work," bul Beto, Professor of Law at St. Mary's American Legal Defense and Educational with each other, given that their "comple- University School of Law, has also served Fund ("MALDEF") in San Antonio, and mentary interests seem to be a great on SALT's board, but calls himself a then as Regional Counsel and Director of match." Beto adds, "The good news is lh newcomer compared to Holly. He decided the Employment Program for MALDEF in SALT is in great shape. Any problems or to seek a co-president position because Los Angeles, Beto litigated class actions in challenges we face come because of our "SALT is such an important organization employment, education and voting rights. success: We need to use our limited that anything I could do to contribute, I Beto's new role within SALT will also resources as efficiently and effectively as wanted to do." That he has been elected to complement his continued involvement in possible because we do so much." the co-presidency, he says, "speaks to what

University OF Georgia LAW Library 2 November 2003 3 8425 00398 1482 www.saltlaw.org o-Presidents' Column Our bar exam workshop was organized schools and all institutions of higher by Eileen Kaufman and her committee learning to uphold their non-discrimina- C. Johnson, Syracuse University members. As its name suggests, the tion policies against forced bigotry. (See e of Law ha el Rooke-Ley, Seattle University workshop was a working session that article on our Solomon challenge, page 1.) hool of Law (visiting 2003-04) included an array of knowledgeable At this point, we hope you will indulge presenters on testing goals and purposes, a little reflection on our part, as this is the Greetings, and the suitability or unsuitability of last column we will write as co-presidents SALT certain types of instruments and practices of SALT. Over the last two years, SALT has Members. used to determine admission to the bar. In been intensely involved in struggles over At this organizing this workshop so that we would affirmative action, LGBT rights, judicial writing, in be better informed about the issues nominations, peaceful resolution of mid- regarding bar exams, bar admission international conflict, and preservation of Octlober, we recently returned to our practices, and alternatives to determining civil liberties and constitutional rights ective coasts after spending a beautiful entry to the profession, SALT will be better during and after an ill-conceived and l wweekend in the middle of the country prepared to speak and act knowledgeably lingering war initiated by our country. th fellow SALT members. The occasion on these concerns. Of course, we will Throughout it all, we have enjoyed your our trip to Minneapolis was threefold: continue to share information and guidance and support in meeting these all-day retreat with past SALT presi- insights on these topics with our members. challenges. It is clear to us that a deep lts, organized by our co-presidents-elect Thus, just as we have fought tirelessly to reservoir of good will, critical thinking, olly Maguigan (NYU) and Beto Juarez preserve affirmative action in legal and strong activism among SALT members Mary's), to reflect on directions and education, we also must adamantly insist will make SALT a leading voice for k>rities for SALT; an all-day workshop on that the door opened at admission is not progress, accessibility, and inclusion in our turday aaddressing bar exam alternatives closed at graduation, keeping law profession and society for the foreseeable th reform-minded experts from around graduates from serving those most in need future. Therefore, as ever, we call on you to country; and, on Sunday, a five-hour of legal services. To the extent that our continue to help SALT remain strong oard meeting to handle the nitty-gritty students are subjected to ineffectual ways internally and externally, with your ideas, tails of SALT's ongoing work. We are to determine their ability to practice law financial support, and active participation. .ttefu l to former SALT president Carol upon graduation, we must advocate for We hope that you will join us at SALT Chomsky for arranging and hosting all better, more pertinent means to assess their events during the AALS Annual Meeting in ree events at her law school. professional proficiency to meet the Atlanta in January, 2004. Bring your At the presidents' retreat, we hoped to public's legal needs. (For more informa- colleagues - especially new ones - with eate a space to share our experiences and tion on the Bar Exam Workshop, see pages you to the New Teachers Reception, Cover rspectives about the organization across 4-11.) Workshop, and of course, Annual Awards eeras of our terms, and to discuss ways Lest you think that our gaze has been Dinner, when we will honor Professor which we could collectively and entirely internal lately, we remind you that William (Bill) Quigley, Loyola, New lividually contribute to the continued the legal team from Heller Ehrman argued Orleans, with the SALT Teaching Award, tality of the organization. While many our motion for a preliminary injunction and Congressman John Lewis (D-Ga.), ues that we faced were specific to given against the Solomon Amendment on with the SALT Human Rights Award. riods, we quickly realized that SALT has October 9th, on behalf of the FAIR and Finally, we close to wish you and all ayed true to our core mission to remain SALT plaintiffs. In joining this lawsuit those dear to you the very best in the live on issues regarding legal scholarship challenging the constitutionality of the coming New Year, and we thank you for andped p agogy, access to legal education, Solomon Amendment, SALT is at the giving us the privilege of serving as your versity throughout the profession, and forefront of a principled and activist stance co-presidents these past two years. broader social justice concerns. We are against employment discrimination ased to report to you that former leaders directed at our gay, lesbian, bisexual and Peace, SALT remain deeply devoted to our transgender communities by the U.S. Paula and Michael organization and continue to contribute military. We fully anticipate a victory that substantial ways so that we are equipped restores the academic freedom of law to meetm the challenges of the future.

\LT Equalizer Page 3 November 2003 www.samaw.org

Mini-Conference on Bar Exams

SALT Bar Exam Workshop The Community Legal By Eileen Kaufman, Truro Law School Access BarAlt Program

On October 11, 2003, the SALT Board held a workshop at the University of Minnesota Law Sally Simpson '04, University of Arizon James 8. Rogers College of Law School entitled "Re-Examining the Bar Exam, Part II: AWorkshop to Explore Alternative Licensing Approaches." This workshop represents the beginning of the next phase of SALT's The Community Legal Access BarAlt long standing commitment to ensure that the bar examination serves as a reliable and valid proposal (CLABA)-aproposal under measure of professional competency and development by the Community Legal that it does not serve to impede the Access Society, a student organization at diversity of the profession. the University of Arizona- advocates a For many years, SALT has been one-year, post-JD apprenticeship program raising questions and concerns about the that would provide reduced-fee legal bar exam as it is currently administered, services to the unrepresented lower-m idd particularly with respect to 1) whether it income and modest means populations is a good measure of professional while serving as an alternative method fr competence, 2) the extent to which it is first-time attorney licensure and bar Phoebe Haddon and Eileen Kaufman inappropriately driving a whole host of admission. CLABA is designed to address programmatic and pedagogic decisions acknowledged legal service gaps, ease within law schools, and 3) the extent to which it disproportionately excludes racial and transition issues from law school to ethnic minorities from the practice of law. These were among the issues SALT explored in practice, enhance public confidence in 1999 at its first bar exam conference, entitled "Re-Examining the Bar Exam." Two years legal practitioners, and offer an alternah later, SALT published its critique of the bar exam (SALT Statement on the Bar Exam), evaluation methodology for legal which was widely distributed to bar licensure. examiners, state judges, academics, CLABA anticipates creating a free- bar leaders, and bias commissions, standing 501 (c) (3) "Institute" as a fully and ultimately was published in the staffed office with flexible hours that journal of Legal Education. For the would act as a community and profes- past several years, SALT has played a sional resource while covering a wide leading role in raising serious spectrum of practice areas, including questions about psychometrician family law; personal finance and plan- Stephen Klein's research methodology. ning; personal and economic injury; Klein's work has led to proposals in Holly Maguigan, Fran Ansley, and Roberto Corrada business finance and planning; govern- many states to increase their passing ment regulation; and criminal defense. bar score. Individuals, small businesses, and not-for- Critiquing the bar exam, of course, is the relatively easy part. We have known for some profits with income of roughly $15,000 to time that eventually we would have to do the hard work of formulating alternatives to the $60,000- a demographic that is demon- bar exam and evaluating their validity, reliability and feasibility. The October 11, 2003 strably underserved in the full spectrumof workshop was the first step of that larger project. legal practice areas appearing on tradi The workshop was deliberately designed to be small in order to enable active learning and tional bar examinations - could be discussion. The SALT Board met with experts from around the country (and one from eligible for legal counsel and representa- Canada) to participate in a discussion about alternative means of assessment and ways in tion. Fees likely would range from $1 5to which some jurisdictions are re-thinking the way they assess competency. $35 per hour with some caps.

SALT Bar Exam Workshop continued on page 6 BarAlt continued on page 8

SALT Equalizer Page 4 November 2003 www.saltlaw.org

c;eorgia's Public Service Identification and Development of Predictors for Suc- Bar Exam Alternative cessful Lawyering

Andrea Curcio and Clark D. Cunningham, Marjorie M. Shultz, University of California at Berkeley, Boalt School of Law Georgia State University College of Law Sheldon Zedeck, University of California at Berkeley, Department of Psychology

nspired by the work being done in New I. Overview York and Arizona, we have begun a Aproject entitled "Identification and Development of Predictors for Successful Lawyer- 1scussion in Georgia about a possible ing" was funded by the Law School Admission Council (LSAC) beginning in July 2001 and public service alternative pilot program the investigation is led by Co-Principal Investigators Sheldon Zedeck and Marjorie Shultz. focused on the criminal justice system. The overall goal of the project is to develop predictors of attorney competence that could be law schoolsc graduates would spend four used in choosing which applicants to admit to law school. In order to develop such predictors tonths doing indigent defense and two it was necessary first 1) to define what factors months in a prosecutor's office. Licensees are important to lawyering effectiveness and 2) Juld begin with a short intensive course to specify methods for measuring those factors. "Selecting prospective l Georgia criminal practice and procedure Phase I has undertaken and completed those tat might be supplemented with ongoing tasks. The task in Phase II (now underway) lawyers on the basis of mutation-based education during the will be to identify and select (or develop) a broader range of six-month pprogram. The potential predictive tests that can be administered to law competences should licenseeswould learn basic law office school applicants in order to predict their procedures and perform factual investiga- potential competence as lawyers. The Effective- improve the n, client interviewing and counseling, ness Factors identified in Phase I tell us what profession's research and writing, negotiation, and the tests to be developed in Phase II should seek performance ofits msiderable courtroom advocacy by to predict. The Phase I factors and measure- many tasks in society 1rticipating in proceedings such as bond ment scales will enable us to assess whether motions, preliminary hearings, probation the tests that we choose or create in Phase II do and in the justice revocations and perhaps even part of one or in fact predict the competencies that were system.,, 1ore trials. They would be evaluated on identified in Phase I as vital to effective each oof these skills, by both their immedi- lawyering. ate ssuupervisor and an outside assessor. hose who demonstrated competence as II. Rationale for the Research well as professionalism in each area as Prevailing Practice: The Role of Law Schools and the LSAT in Determining Who well as throughout the program period Becomes ALawyer would be licensed. Law schools not only choose law students, they are the main gate-keepers when it comes Such a proposal would, we hope, draw to deciding who becomes a lawyer. The vast majority of law school graduates practice law. support from two on-going initiatives that Despite their character as professional schools, law schools actually rely more heavily on have very strong commitments from both academic criteria in making admissions decisions than do graduate departments that train the organized bar and the state supreme people primarily for academic careers. Law school admissions decisions are heavily influ- court: professionalism and indigent enced by scores on the LSAT (and undergraduate GPA, through the index score). These defense. The Georgia Supreme Court measures aim to assess school-oriented cognitive skills. By its own description, the LSAT seeks appointed the country's first state profes- to evaluate only reading, analytic and logic-based skills. Standardized test scores on those malism commission, which is person- skills are in tum designed to predict grades in the first year of law school. The LSAT is a allychaired c by the chief justice. The moderately effective predictor of IL grades; it explains roughly 25% of the first-year grade Georgia continued on page 9 Predictors continued on page 10

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Mini-Conference on Bar Exams

British Columbia's Bar Admission Program SALT Bar Exam Workshop:

Alan Treleaven, Director of Education and Practice, Law Society of British Columbia continued fromf page 4

The B.C. Bar Admission Program is administered by the Law Society of B.C. to train and Our first speaker was Alan Treleaven , accredit law school graduates to be professional, efficient, competent, and ethically aware Director of Education and Practice for the lawyers. The Program is the sole means for obtaining admission to the BC bar, other than by Law Society of British Columbia, which is way of transfer from other jurisdictions. Admission to the bar is controlled exclusively by the the self-regulating body that governs the Law Society pursuant to provincial statute. legal profession and the practice of lawin The Program includes the articling term and the mandatory Law Society training course the Province of British Columbia. His and assessment term, known as the Professional Legal Training Course ("PLTC"). For each primary responsibilities include bar student, the nine-month articling term takes place in the office and under the supervision of admission education and licensing, posl a lawyer approved by the Law Society for that role, based on the lawyer's experience and licensing education, and competence practice record. At the conclusion of the articling term, the supervising lawyer is asked by the support for lawyers. Alan described British Law Society to certify whether the student has Columbia's post graduate skills training and assessment program. Of particular "The broader objective completed the articling term, and is of good character and fit for admission. for students is to be Each year, the PLTC runs three times in able to perform Vancouver and once in Victoria. The course is lawyering skills ten weeks long, Monday through Friday, with both morning and afternoon sessions on most competently, days. Attendance is required. Class size is integrated with typically twenty students with one full-time knowledge oflaw and faculty member in each classroom through- procedure and a out the term. Faculty members are experi- enced lawyers and teachers. Their instruction demonstrated is supplemented periodically by volunteer Carol Chomsky, Beto Juarez, Stephanie awareness of guest instructors from the practicing bar. The Wildman, and Margalynne Armstrong professional highly interactive curriculum is designed around professionalism, lawyering skills and relevance was his explanation of the ten responsibility. " applied knowledge of substantive law and week Professional Legal Training course, in procedure. which students learn a range of skills While PLTC is a skills-based course, the skills taught and practiced are inseparable from a interactively and then are rigorously tested context of knowledge and attitudes toward the practice of law. The broader objective for on groupings of skills such as advocacy, students is to be able to perform lawyering skills competently, integrated with knowledge of drafting, interviewing, and writing. Amon. law and procedure and a demonstrated awareness of professional responsibility. PLTC focuses comprehensive description of Alan's on the skills of advocacy, writing, interviewing, drafting, legal research, alternative dispute presentation can be found in his article resolution, and problem-solving. In addition, PLTC focuses on professionalism (professional "British Columbia Bar Admission responsibility, law office management, and trust accounting); and files/transactions Program" on page 6. (residential conveyance, civil trial, criminal trial, buying and selling a business, family law Greg Munro joined Alan Treleaven on (separation and divorce), securing personal property, will preparation and probate, incorpo- the first panel to describe his work rating a business, and builders lien claim). Professional responsibility, law office manage- developing reliable and valid measures for assessing skills at the University of Montana School of Law. Greg is the author British Columbia continued on page 9

SALT Equalizer Page 6 November 2003 www.saltlaw.org

OurcoMES AssESSMENT FOR Law Schools and The second panel included presenta- above the poverty line, and therefore the Director of Professional Skills at tions from Kris Glen (Dean at CUNY) and ineligible for free legal services. The ntana. Greg described how Montana has Sally Simpson (third year student at the participants would rotate through a tcgrated the Macerate skills throughout University of Arizona College of Law) number of practice settings and receive curriculum and has worked to develop about two concrete alternatives to the bar training and supervision from experienced lid, reliable and fair methods of exam. Kris described the Public Service attorneys. Her proposal is described more assessing those skills. Alternative Bar Exam, where students comprehensively in her article entitled The final speaker on the first panel was would rotate among several parts of the "The Community Legal Access BarAlt 1cldon Zedeck, who is a Professor of civil court system. Kris' proposal, which is Program " appearing on page 4. ychology at the University of California described in "When and Where We Enter: The afternoon workshop consisted of Berkeley. Shelly has been working with Rethinking Admission to the Legal discussions about reform possibilities in a rofessor Marjorie Schultz (Boalt School of Profession," 102 CoLUMBIAL REv.1696 number of jurisdictions, including Law) to identify criteria of lawyering (2002), calls for students to spend Nevada, New Hampshire, Georgia, New access and to develop and validate tests approximately ten to twelve weeks assisting Mexico, and Arizona. Andrea Curcio and thatcan be used in the admissions process Clark Cunningham described the possibil- select applicants who can best succeed in ity of creating a bar exam alternative that full range of lawyering skills. Their helps to improve indigent defense in work, which is described more fully in Georgia. Their ideas are described in their aarticle entitled "Identification and "Georgia's Public Service Bar Exam Development ofPredictors for Successful Alternative" on page 5. lawyering on page 5, can serve as a Just as the Board was impressed by the mdation in SALT's effort to explore Sophie Sparrow and Joan Howarth morning panelists' description of the work tcrnative licensing mechanisms that being done to develop training and more accurately relate to and predict the courts while being evaluated on a assessment models, we were impressed by impetence to practice law. broad range of the Macerate skills. Kris the creative efforts underway throughout One message from this first panel was emphasized that the Public Service the country to formulate alternatives to that law schools can and should do a better Alternative Bar Exam is a performance test, the bar exam. SALT has identified a job teaching and assessing the full range not a training program. Kris utilized Title number of tasks that need to be completed skills that lawyers actually need. With VII analysis in formulating her proposal, to move this project ahead, including: few exceptions, the required curriculum at based on the requirement that employ- *develop a template for assessing most lawschools relates only to knowl- ment tests be related to job performance. lawyer competence; edge, and not to the skills and values The Public Service Alternative Bar Exam is *develop assessment models; recognized in the Macerate report. a better bar exam, Kris explained, because *mobilize students; ondly, the bar exam, in whatever form, it measures more of the skills required of *gather and make available informa- must assess those lawyering skills. In other lawyers than the traditional bar exam, and tion about skills assessment and alterna- ords, the exam that purports to measure is less likely to create a disparate racial tive licensing proposals; and 1Jnimal competence to practice law in an impact. *investigate foundation support for nsupervised setting must actually address Sally Simpson, the final speaker of the funding an alternative licensing proposal. the skills that make up the practice of law. morning, described her efforts in Arizona Abibliography related to formulating seemedclear from listening to the to develop CLABA, the Community Legal alternatives to the bar exam can be found morning panelists that considerable work Access BarAlt. This proposal would place on the SALT Web site. Anyone interested in has already been done to develop the law graduates in a year-long apprentice- participating in the ongoing project of assessment tools that can be used to ship in which they would deliver reduced SALT's bar exam committee, should evaluate those skills. fee legal services to clients who are just contact Eileen Kaufman at [email protected].

SALT Equalizer Page 7 November 2003 www.saltlaw.org

Mini-Conference on Bar Exams

BarAlt: direct observation, "standardized" clients operating expenses, other funding would case file audits, peer review, current and ' be required. CLABA would not divert continued from page 4 follow-up client satisfaction surveys, and resources from legal aid for the poor, nor other rating and ranking mechanisms. accept funding that could compromise Eighteen CLABA apprentices, who Client and case assignments would program integrity. CLABA anticipates a would be employed by the Institute and remain with the original apprentice and balanced portfolio of national, state, and paid between $19,000 and $24,000 for the lawyer-mentor despite the apprentice's local as well as private and public funding year, would rotate in groups of three rotation to another practice area. At the sources, with minimal reliance on through the six core practice areas, with end of the year, clients with active cases government funds. each rotation lasting eight weeks. Each would be transitioned to an incoming As of October 2003, Arizona's CLABA practice area would apprentice or to the proposal is finishing review by its State be headed by a lawyer-mentor of Bar's Public Service/Special Admissions trained, full-time "[The program} is record for the case. Task Force, and is slotted for initial lawyer-mentor CLABA generally presentation to the State Bar's Board of recruited from a pool designed to address would not accept Governors in November. For more inform of active professionals acknowledged legal cases that were tion on CLABA, please visit who demonstrate service gaps, ease expected to last more www.law.arizona.edu/depts/claba/. significant depth and transition issues from than one year, and breadth of experience other risk manage- as well as high law school to practice, ment limitations ethical values. These enhance public would apply. lawyer-mentors would confidence in legal Before they were oversee case manage- accepted into the ment, serve as practitioners, and CLABA program, attorney of record, offer an alternative apprentices would be and act as coaches evaluation required to have and resources for methodology for legal graduated from an apprentices to ensure ABA-accredited law that all clients receive licensure. " school with the diligent, competent equivalent of a counsel and represen- minimum GPA of 2.75; to have completed tation. The lawyer-mentors would also required core classes; and to have passed the Phoebe Haddon, Stephanie Wildman, and conduct competency-based performance Joan Howarth MPRE as well as the jurisdiction's evaluations throughout the rotations. character and fitness screening process. At Apprentices would be evaluated on legal the end of the year-long apprenticeship, if analysis, legal research, problem-solving, all evaluations were satisfactory, the oral and written communication fact ' apprentice would become a licensed investigation, negotiation, client counsel- attorney. If the program ejected an ing, alternative dispute resolution, time apprentice for any reason, he or she would management, and the recognition and be able to take the jurisdiction's written resolution of ethical issues, in addition to bar exam to attempt licensure. their knowledge of black-letter law. Although client fees would offset a Assessment tools would include both substantial portion of the Institute's Margalynne Armstrong subjective and objective evaluation, using

SALT Equalizer Page 8 November 2003 www.saltlaw.org

British Columbia: Georgia: supported the report. Last session, a bipartisan coalition passed enabling ' continuedfrom page 6 continuedfrom page 5 legislation adopting most of the commission's recommendations, though ment aand taxation issues are woven professionalism commission is currently in the midst of a state budget crisis, the hroughout the course, including the skills trying to implement a mentoring program legislature's resolve to provide adequate acctice exercises. for new lawyers that grew out of an funding is now in doubt. The bar alterna- Students complete assignments outside unsuccessful proposal, made by a state bar tive proposal would both supplement the class time to help prepare for their skills president several years ago, to require an provision of indigent defense and increase assessments and for the practice of law. apprenticeship period. Georgia has adopted the supply of well-trained and motivated Assignments aare returned to students with the MultiState Performance Exam , future public defenders. detailed feedback. Live performances are instituted a one-day mandatory Bridge the The next step in this process will be a ompleted through simulation, and are Gap course, and requires lawyers to certify one-day conference on alternative methods ually videotaped. that they have participated in or observed of training and licensing new lawyers, Skills assessments represent two-thirds nine litigation experiences (including five informed by the experience of the medical the PLTC testing. During an assessment, jury trials) before they are permitted to profession and of the legal profession in PLTC's roler changes from coaching and appear as sole or lead counsel in court. The other countries, to be held in Atlanta on helping to grading. The assessments are bar exam alternative should be appealing January 29, 2004. The conference is he assurance that the student can perform as an even more reliable way to assure that sponsored by the Georgia State Law Review he skills of an entry-level lawyer without new lawyers have appropriate professional and will form the basis of its annual 'istance or supervision. The four skills skills and values. symposium issue. Lead articles in draft assessments are in advocacy, client The Georgia Supreme Court has also form will be available on the web by interviewing and advising, writing, and appointed a blue ribbon commission on December 2003. Registration is free and rafting. The skills guide for each of the indigent defense, which issued a compre- attendance from around the country is skills is used to grade the performance. The hensive report last year calling for a encouraged. For more information, visit: skills are integrated with substantive and massive increase in state funding and for a http://law.gsu.edu/ccunningham/ rocedural law, and professional responsi- uniform system of statewide standards. The Professionalism/ bility and so these areas also form a part of chief justice and state bar strongly the assessment. For example, in the nterviewing Assessment, if the interview- ngtec hniques are sound, but the student demonstrates insufficient knowledge of the company law, creditor's remedies, and proceed in a transaction, and to explain substantive law to question or advise the criminal procedure. Part II covers civil their answer. client effectively, the performance is litigation, family law, estates (wills and To achieve a pass standing a student probate), and real estate. Both cover must successfully pass the four skills assessed aas a fail. Likewise, a failure to 'Cognize and deal appropriately with a key associated issues law office management, assessments and each part of the Qualifica- rofessional responsibility issues in any professional responsibility and tax. The tion Examination. On skills assessments skills assessment counts toward a fail. Qualification Examination differs from students must achieve a minimum of 70% The two-part Qualification Examina- law school examinations, in that the to pass. On the Qualification Examina- tion, students must achieve a minimum tion tests applied understanding of question types focus on one or two issues, substantive law, practice and procedure. and include mostly short answer essay or of 60%on each part to pass. th of the three-hour examination parts short fact patterns requiring analysis and For further information, please contact cover a mixture of barristers' and solici- problem-solving. Students are asked to the writer: [email protected]. tors' work. Part I covers commercial law: solve the problem or explain how to '

\LT Equalizer Page 9 November 2003 Mini-Conference on Bar Exams

Predictors: professional effectiveness is both justified lawyers in many practice fields, at various and principled in terms of the role of law career stages, and in various career settings continued from page 5 schools in choosing and training society's At this stage, for reasons of practicality, we variance, leaving approximately 75% lawyers. have centered only on Boalt and its unexplained. The LSAT has been the most constituents, but we expect that our results effective method yet developed to predict III. Research Design and approach will be useful to other first-year law school grades. At the same Phase I (2001-2003) schools as well. time, it is narrow in method and in goal. Phase I identified the range of To base admission to law school mostly on competencies needed to be an effective Phase II (2003-2005) LSAT scores is to choose academic skills lawyer and developed methods to assess In Phase II, we plan to develop tests (and only a subset of those) as the primary people in regard to those professional work that can, to some useful degree, predict determinant of an applicant's qualifica- factors. The products of Phase I are: 1) a who has the potential to excel in the tion to enter professional training and comprehensive list of twenty-six Effective- factors identified in Phase I. In choosing work. ness Factors that are important to effective tests, we will both identify and adapt existing tests that are productive for these Reasons to Develop Additional Ways to purposes and we will create new tests Assess Law School Applicants "We believe the result designed specifically with this goal in Scholars and commentators on legal ofthis research would mind. The tests chosen or designed for education have urged that the criteria of be to select better applicants will not be based on legal merit for admission to law school should lawyers in a more knowledge or lawyering experience per se. be broadened beyond those evaluated by Rather, they will seek to predict who will the LSAT and other academic indicators principled way than is have and/or could develop the competen- such as undergraduate GPA. But no one available to law cies identified in Phase I as essential for has yet developed reliable ways of either schools today. " effective lawyering. identifying or assessing other relevant Once possible tests have been chosen, skills. Our project seeks to do both. we will assess whether performance on lawyering; and 2) a set of 715 behavioral those predictor tests correlates with actual Predicting Lawyer Effectiveness as well examples of performance that describe or lawyering effectiveness. This validation as Law School Grades illustrate poor to excellent performance on process will involve several steps. 1) After The project, if successful, could enable the twenty-six factors. These descriptive we choose and/or develop the predictor law schools to select better prospective examples enabled us to create the next tests, we will administer those predictor lawyers who have both academic and product: 3) a number of flexible Behavior- tests to a sample of practicing lawyers; 2) professional competencies. Selecting ally Anchored Rating Scales (BARS) that we will have supervisors of those same prospective lawyers on the basis of a an evaluator could use to assess the individuals evaluate their effectiveness in broader range of competencies should effectiveness of any given practicing lawyer. professional practice, using the factors and improve the profession's performance of its The products from Phase I provide the scales identified in Phase I as tools for many tasks in society and in the justice informational foundation that is necessary measurement; 3) if people who score hi gh system. Because research shows that racial for Phase II. (or low) on given predictors of given groups are substantially similar in actual People affiliated with Boalt provided factors also receive correspondingly high job performance, we believe the project the material to create these products (or low) evaluations in ratings of their might also increase the racial diversity of through individual interviews, focus group effectiveness on those factors in practice, the pool of students admitted to law interviews, and a large sample question- we will have demonstrated the necessary school. At the same time, a choice to add naire. The research participants included correlation between the predictor test(s) selection criteria that focus on predicted judges, clients, students, faculty, and and actual lawyering competence. We

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expect that some of the factors will be Photos from the SALT more readily predicted than others, and Board's weekend in that some tests developed in this phase will Minneapolis. Top left: hediscarded as not sufficiently valid. Jean Love and Pat Cain; Bottom left: Kris We expect to do a similar validation Glen; Bottom right: study on upper-division law students, Holly Maguigan, ,tdministering the predictor tests to 3L law Norman Dorsen, and 'ludents, and then having faculty assess (to Sylvia Law. the extent that the academic or clinical setting allows them sufficient exposure to the student's work) the effectiveness those tudents demonstrate in their final year of professional training.

IV. Summary In sum, Phase I has been completed. Phase II will choose and/or develop predictor tests that are appropriate to measure the potential of law school applicants and then check to see that the predictors actually correlate with lawyering ornpetence as defined by the factors and neasured by the rating scales developed in Phase I. Once the Phase II tests are developed and validation data have been sembled, law schools could use the r results to select components of a "lawyer- ing effectiveness index score" to aid in Book Review: Bill Quigley's Ending Poverty th ir admissions decisions. Adding such SALT Co-President Michael Rooke-Ley, Seattle University School of Law (visiting 2003-04) rcdictors to the selection process would broaden the operative definition of merit Bill Quigley, this year's recipient of the SALT Teaching Award and a professor of law at Loyola- to include not simply academic factors New Orleans, has written an inspiring book entitled Ending Poverty as We Know It: (LSAT and undergraduate GPA) but also Guaranteeing a Right to a job at a Living Wage. rofessional performance factors in For many Americans, these first few years of the 21st century have fast become "the worst hoosing the lawyers of the future. of times." Our nation faces unprecedented hostility abroad, civil liberties at home are udividual law schools could use varying slipping away, nominees to the federal bench are a frightening array of extremists, education strategies in combining academic-based and social programs are facing drastic cuts at every tum, our economy is in the tank, jobs are and professional-based predictors, and being lost at an alarming rate ... and the working poor are more impoverished than ever. could also select particular professional Yet, somehow, in the face of all these horrible conditions, Bill finds a way to give us hope effectivenessfactors in light of the and to get us to work even harder to create a just and decent society. He proposes a constitu- particular mission of their own school. We tional amendment guaranteeing a job and a living wage to each person who is willing to believe the result of this research would be work. While readily acknowledging that this proposal will face huge political hurdles (and will not eliminate poverty entirely), he reminds us that skeptics quickly dismissed as toselect better lawyers in a more principled way that n is available to law schools today. Book Review continued on page 12

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Book Review: Arthur Kinoy Tribute continued from page 11 SALT Co-President Paula C. Johnson, Syracuse University College of Law "The test for a people's lawyer is not always the technical winning or losing of the formal proceedings. The real test is the impact of the legal activities on the morale and understand economically impractical such "pie-in- ing of the people involved in the struggle. No matter how experienced, clever, and resourceful the-sky" ideas as Social Security, Medicare, a lawyer may be, the most important element is still the informed support and active minimum wage, unemployment participation of the people involved. Without this, a legal victory has very little meaning insurance and protections for the disabled. indeed." -Arthur Kinoy Drawing on the likes of Thomas Jefferson, Thomas Paine, Franklin Delano With great sadness, we noted the passing of Roosevelt, Martin Luther King, Jr., various Arthur Kinoy on September 19, 2003, at age religious leaders and, most recently, 82. Arthur was an extraordinary advocate Barbara Ehrenreich ("Nickel and Dimed and law teacher, who inspired many in America"), Bill gives us the strength to generations of law students, lawyers, and carry on. law professors who followed his example His book, just 150 pages and aimed at and devotion to civil rights and civil a general audience, is easily digestible. Of liberties. In standing up for the constitu- particular importance to those of us who tional rights of all persons, Arthur was at House Un-American Activities Committee might find ourselves sitting around a 1 d k (HUAC) chair Joseph Poole ordered U.S. politically-divided holiday dinner table is the forefront of many an mar cases marshals to drag Arthur Kinoy from the hearing his second chapter, in which he dispels during the 20th century. Among the room white he was representing anti-war legions of his celebrated clients and causes demonstrators in 1966. William Kunst/er stated common myths about poverty and work. were Julius and Ethel Rosenberg, Cong. this photo, which appeared on the front page of With facts, figures and heartbreaking newspapers across the nation, was the anecdotes, he responds to those who would Adam Clayton Powell, Jr., the "Chicago beginning of the end of HUAC's notorious Eight," and numerous civil rights activists. existence. say that "Most poor people don't work"; In addition to Julius and Ethel "There are plenty of jobs out there for Rosenberg, Arthur Kinoy represented many victims of the McCarthy era during the 1950s and those who want to work - just look at the 1960s. In the 1960s, he focused on civil rights in the South, and represented Fannie Lou want ads!"; "If people would just work, Hamer and the Mississippi Freedom Democratic Party, the Student Coordinating Committe even at minimum wage they wouldn't be (SNCC), and the Southern Christian Leadership Conference (SCLC) . He argued Dombrowski poor"; "MostpoorpeopleareAfrican- v. Pfister in 1965, resulting in a landmark Supreme Court decision that extended First American and Hispanic"; "Most of the Amendment protections to civil rights workers. In 1969, with William Kunstler and Leonard poor are non-working, middle-aged, Weinglass, Arthur represented the Chicago Eight anti-war activists, who were accused of panhandling bums"; and "The United inciting a riot at the 1968 Democratic Convention. All of their convictions were overturned on States provides more help to poor people appeal. In 1972, he successfully argued United States v. District Court, in which the than any other country in the world." Supreme Court rejected the Nixon Administration's claims to "inherent power" to wiretap I highly recommend this book to you, domestic political organizations. but if you're still unsure, check out Arthur Kinoy joined the faculty at Rutgers University School of Law-Newark in 1964, and www.endingpoverty.com, where you can helped establish the Center for Constitutional Rights in 1966. His legendary oral arguments read the first chapter for free! And I invite in US. v. U.S. District Court and Powell v. McCormack can be heard in their entirety at you to join us in honoring Bill at SALT's www.oyez.org. His 1983 autobiography was aptly titled, "Rights on Trial: The Odyssey of a Annual Awards Dinner on Monday, People's Lawyer." His landmark constitutional rights advocacy, the institutions he helped to January 5th, in Atlanta. form, the Kinoy-Stavis Public Interest Fellowship at Rutgers Law School, and the numerous loved ones, colleagues, students and admirers whom he leaves behind all ensure that Arthur Kinoy's legacy will live on.

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udicial Nominations Judge Charles Pickering, Sr., for a position "conservatization" of an already conserva- on the U.S. Court of Appeals for the Fifth tive judiciary. Battles Continue Circuit. SALT members will recall that While the Republicans are complain- Bob Dinerstein, American University, Pickering was rejected by the Senate ing about the use of the filibuster to block Washington College of Law Judiciary Committee in March 2002, only the Administration's judicial nomina- to be re-nominated by the White House tions, their efforts to date to limit the use Judicial nominations continue to roil the (after the Republicans regained control of of the filibuster have not been successful. capital, with less intensity than Hurricane the Senate) in January 2003. Some Of course, it is more than a little ironic Isabel (this fall's entry in what seems like observers thought that, after the Trent Lott/ that the filibuster - that hoary relic of ourann ual plague) but with the capacity Strom Thurmond birthday party fiasco, the infamous efforts to beat back civil rights for creating even more long-term mischief. Administration would not re-nominate legislation in the 1950s and 1960s- Since my last report, the Bush someone closely tied to Senator Lott and should now be used in service of those !ministration, on September 4, 2003, with his own record of racial insensitivity lawmakers seeking to prevent the confir- withdrew thet nomination of Miguel and bias. But the Bush Administration mation of retrogressive judges. Truly, Estrada for a position on the United States was undeterred, and the nomination now yesterday's reviled tactic becomes today's Court of Appeals for the District of awaits action on the Senate floor. As of weapon of choice in the ever-changing Columbia. While the New York Times was this writing, no floor vote has been political landscape. supportive of the withdrawal (Editorial, scheduled, but there is a reasonably good SALT has been active in monitoring Miguel Estrada Bows Out," September 5, chance that if the nomination comes to a the above developments and in weighing vote the Democrats will attempt to in, both officially and unofficially, on a "Even as progressive filibuster it. number of them. At its October 2003 board For those keeping score on the meeting, the SALT Board approved sending forces have achieved filibusters, the Democrats are currently a revised letter in opposition to the re- some victories ... the filibustering two nominations: those of nomination of Judge Charles Pickering, nominees who have William Pryor (failed cloture vote, July 31, Sr., described above. In 2002, SALT wrote a been confirmed 2003) and Priscilla Owen (failed cloture letter to the Senate Judiciary Committee in votes, May 1, May 8, and July 28, 2003). opposition to Judge Pickering, and we represent an Like Judge Pickering,Justice Owen was updated the letter to take account of more increasing rejected by the Judiciary Committee in the recent developments. Our letter is 'conservatization' of last Congress but was re-nominated in this reproduced below. In addition, we are session. Prior to its withdrawal, the exploring the possibility of recommending an already Estrada nomination yielded seven failed letters in opposition to Michael Fisher conservative cloture votes. There are several nominees (Third Circuit) ,Janice Rogers Brown (D.C. judiciary. " in various stages of the confirmation Circuit), and Claude Allen (Fourth process - Carolyn Kuhl (Ninth Circuit; Circuit), when and if circumstances voted out of committee, May 8, 2003; no permit. 2003), and called for "Straight Talk on floor vote yet scheduled), Charles And now a plea from the committee ludicial Nominees" (Editorial, September Pickering, Claude Allen (Fourth Circuit; (or at least from the chair!): Following 10,2003, chastising Republican reaction no hearing scheduled), and Janice Rogers these judicial nominees, researching their to the withdrawal), the Washington Post Brown (D.C. Circuit; hearing scheduled records, and writing letters about them litorialized that the withdrawal, far from October 22, 2003) -who the Democrats takes a great deal of time that none of us the "victory for the Constitution" that may well filibuster if the nominations has enough of. If the state of the judiciary SenatorKennedy labeled it , was a "victory come to the floor. But it is not realistic to matters to you, we hope you'll get involved for a smear." (Editorial, September 5, think that the Democrats can or will and assist the committee in its work. If 2003.) So much for the supposed lockstep filibuster every problematic nominee. So interested, please contact Robert Dinerstein hhcral bias of the media. even as progressive forces have achieved at [email protected] or by phone OnOctober 2, 2003, tthe Senate some victories - or at least forestalled at202-274-4141. Judiciary Committee, on a party-line vote, some defeats - the nominees who have voted to approve the re-nomination of been confirmed represent an increasing Nominations continued on page 17

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AConversation with Chief products of human ingenuity. But in any Hussein must be eliminated because his Justice John Marshall event, that doesn't alter the basic position; regime was continuing development of it merely provides the factual context for weapons of mass destruction, and might about Preemptive War* what will constitute imminence in what use those weapons against an opponent, or John B. Mitchell, Seattle University School you choose to call the modem world. might supply those weapons to terrorist of Law I: Fine. Maybe then you can give us a networks. few examples of what you would consider I: This is all very interesting, but my Interviewer [hereinafter "I"]: Thank imminent from our perspective in year readers are legal scholars. And the first you for agreeing to talk with us, Mr. 2003. thing they will think when they hear all Marshall. J: Certainly- attacking the Japanese you've said is that none of this is a matter John Marshall [hereinafter ''J"]: My fleet steaming toward Pearl Harbor in for the courts. Because - and correct me if pleasure. WWII provided you had clear and convinc- I'm mistaken - our courts have consis- I: Let me get right to the point. You've ing evidence of their intent, bombing a tently avoided deciding anything about the been quoted as saying that the Founders terrorist training camp planning attacks War Power and the War Power Resolution, neither envisioned nor intended to give the on our citizens or soil, going on the relying instead on the Political Question federal government the power to wage offensive after suffering an initial attack Doctrine. preemptive war. and knowing that further attacks are J: You're correct, but what I am J: That's correct. talking about is completely different. I: And that applies even if Congress I: How? formally declares the war and the J: All those cases to which you're President concurs? "We're talking about referring involved the proper allocation of J: Even if the President is leading the the limits ofthe war-making power between the President troops into battle on his horse with his federal power itself ... and Congress. For a number of reasons, the sword drawn. No preemptive war. and holding the courts have felt it inappropriate to enter an I: So are you saying that the Founders arena that they view as essentially given to believed that they should wait until they federal government to the political process under our Constitu- were actually attacked before they could those limits. " tion. But here, we're talking about the use military force? limits of the federal power itself - that is, J: No ... the limits of the war power given the I: You know, by then it could be too President and Congress, even if combined late. coming, attacking when you know that - and holding the federal government to J: I understand. We'd have used force if any enemy is preparing to launch missiles those limits. That is a classic role for a an attack was imminent, like your classic court. self-defense. I: I think I get it. But to be clear, why I: Okay. But it's not necessarily so I: But you had an ocean between don't you tell me what you mean by simple. Iraq was plainly preemptive. But yourselves and the wooden navies of "preemptive war?" imagine we are again on the brink of war Europe, which were your only real threats. J: Simple: Use of military force when The government claims the threat is You never conceived of an object that you are neither being attacked, nor is such imminent, while other groups disagree. could be launched across the ocean and an attack imminent. Isn't whether or not a threat is "immi- land with such explosive force that the I: Okay, so would you characterize the nent" a classic political question, object could obliterate any city existing in recent Iraqi war as preemptive? appropriately left to the expertise of the your world. Nor could you have imagined ]: I'd put it in the dictionary as the Executive Branch? structures the size of a hundred houses definition of such a war. That's even what ]: Yes, if that's what the judge was stacked on top of one another, and a flying the administration said it was. As early as deciding. But I'd limit review to whether object crashing into the structure, May 2002, President Bush came right out or not a reasonable person could find the exploding and destroying the entire and spoke about the use of preemption in a threat imminent. Again, this is a pure edifice. speech he gave at West Point on combating legal issue, analogous to determination of J: Thank God, we did not. I think we terrorism. Afterwards, the administration conditional relevance under your Federal had slightly more elevated hopes for the continued to maintain that Saddam Evidence Rule 104 (b).

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I: Okay, you were the first Chief J: First, and I don't mean to be never really did anything to you, it's a bit Justice, so I guess you know your law. So unnecessarily disrespectful to the current difficult to have any legitimacy in the eyes let's get back to the main point. You say government, but the truth is that, as a of those you' re occupying. You are an lhe Founders never envisioned or intended group, we were a great deal smarter than aggressor nation, an occupier, and the giving the power to wage preemptory war your current leaders, and we wouldn't have likelihood of a patriotically-inspired to the federal government. condoned any allocation of power that resistance movement against your J: Back to square one, and you' re would allow anything that was as occupying forces is, therefore, substantial. correct. obviously dangerous and unwise as I: Okay, preemptive war may be a bad I: But there's nothing, as far as I could preemptory war or preemptory self-defense. idea, and I'll admit you Founders were find, in the Constitution, commentaries, I: Unwise? really smart, but the fact that it may have or cases about preemptive war- not a J: Absolutely. Look at the desire of every been a bad idea does not necessarily mean single word, ever- so am I missing sane 21st century American to live in a safe that you would not have included it something? global community. We didn't have to within the constitutional powers of the J: No, you're right. There's nothing worry about that quite as much in my day, federal government. After all, you permit- written in the Constitution or anywhere with our transportation and communica- ted the slave trade to continue, and that else because, until Iraq, it was unimagin- tion limiting the creation of a global was a monumentally bad idea ... able that America would attack and then community, but it still was not our desire J: Fair enough. But I have other upy a sovereign nation which neither to live in an unstable world in which our reasons to maintain that preemptory war is attackednor was about to attack this commerce could be disturbed by some beyond the power of the federal govern- nation.Between giving the President the European war with its wartime embargo, ment. powers of Commander-in-Chief, foreign potential seizure of our ships, and such. I: Fine. Go ahead. affairs,and insuring the faithful execu- But in your world, giving any legitimation J: To start with, look at our situation tionof the laws, and giving Congress the to the concept of preemptive war is absurd at the time we drafted the Constitution. powers to raise armies, tax, declare war, to the point of suicidal. If America-Iraq We had fought a war, and buried a number and enter into treaties, all enhanced by the has legitimacy, a fortiori you have of good friends. We were all very clear that "Necessary and Proper" clause, we gave the established the legitimacy of India- we wanted to avoid getting into another Pakistan, China-India, and North Korea- war. As James Wilson said in the Pennsyl- South Korea to commence lobbing vania ratifying convention, "The system "..... we did not give artillery shells and nuclear bombs at each will not hurry us into war; it is calculated that federal other. against it." We simply could not afford the government the power I: I see .... cost of war and still build our country - J: In fact, America's daily experience as something you now face every day as a to wage war as an a result of the Iraqi war should tell you result of the war against Iraq. Wars for us aggressor. " how very dangerous and unwise the were matters of necessity, to be avoided if concept of preemptory war is. First, because possible. Preemptive war, on the other preemptory war does not require the other hand, permits war without such necessity. nation to actually attack or be in the That, then, is the last thing we would have federalgovernment all the power it would process of carrying out an imminent wished. Also, the greatest fear regarding r need to protect this nation, its citizens attack, it's all too easy for an administra- war powers among the significant number andp property, both at home and abroad. tion to create the "threat" that is then used of citizens who comprised the Anti- Butwe did not give that federal govern- as the basis for the preemptive war. Federalists was that the President, in mentthe t power to wage war as an Weapons of mass destruction, claims in a alliance with or at least unopposed by aggressor. State of the Union address about enriched Congress, would use a standing army to I: But if you did not even imagine the uranium purchases from Africa, supposed create a federal dictatorship. Allowing of ppreemptorywar orpreemptoryself- ties between Saddam Hussein and 9/11 all preemptive war would have given the deffrn se, what is your basis for now saying turned out to be fairy tales worthy of Hans executive a ready rationale for maintain- at you did not intend to give that power Christian Andersen. Second, even if you ing just such a standing army. the federal government? triumph in a preemptive war, things are I: I hadn't thought about that. I guess far from easy. Because the defeated nation Marshall continued on page 16

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Marshall: had currency with us. Under this doctrine, of American citizens in Europe; freeing war is only legitimate as a last resort in the Americans held hostage abroad; ensuring continued from page 15 face of a real and certain danger to the the neutrality of the Panama Canal; preserving the status quo while negotiating that's why you're the first Chief Justice, nation. Attacking someone who has the annexation of foreign-held territory on and I'm just a journalist. Is there more neither attacked nor is about to attack you - in other words, preemptive war- is an our continent; pursuing pirates, bandits, you would like to add? and outlaws; protecting military person- J: Certainly. Preemptive war was also obvious violation of this doctrine. Not nel; protecting our shipping; responding lo antithetical to our philosophical and attacks on our soil; and acting pursuant lo religious beliefs. "Certainly a some regional and bilateral defense pact, I: Such as? government created treaty obligations, and U..N. membership. Philosophically, we structured our J: Admittedly, in retrospect, some of these Constitution and form of government on under a theory in rationales might appear disingenuous, the Social Contract theory of the 16th which citizens enter a masking blatant land grabs from our Century English philosopher John Locke. contract to protect neighbors, such as the annexation of the Others had debated the theory, but we were Texas territory as a result of the Mexican the first to put it into practice. You may themselves from the War. Nonetheless, even our most dubious know the theory - you leave the "state of ultimate risk in the resorts to military force never even hinted nature" in which it is all against all, in state ofnature ... at preemptive war as a rationale. which each is his or her own law: and in ' ' would be loathe to I: Let's talk about the Cuban Missile return for the protection of your life and Crisis. Weren't we ready to attack under a property, enter into a social compact in arrogate to itselfthe preemptory self-defense rationale? which the law is carried out by a represen- right to do that very Perhaps, but I would characterize tative government, itself bound by law. J: thing to nations and that situation as falling far closer to the This "contract" theory underlies the entire individuals beyond category of imminence. Our deadly enem) legitimacy of our government. Certainly a who had stated that "we will bury you," government created under a theory in our borders... " had surreptitiously placed nuclear missiles which citizens enter a contract to protect a boat ride from our shores, and now had themselves from the ultimate risk in the advisors manning those missiles. It would state of nature - that someone to whom surprisingly, on November 13, 2002, the be difficult to imagine a scenario further they had threatened no direct harm would United Conference of Catholic Bishops from the reality of Iraq. In any event, we nevertheless take their life or property- announced that the then-proposed war on did not attack Cuba. would be loathe to arrogate to itself the Iraq would not constitute a "just war." I: Well, I think that pretty much right to do that very thing to nations and I: Is there anything else? covers it. Thank you, Mr. Chief Justice. individuals beyond our borders: i.e., attack J: How about the fact that, in our 214- You're very welcome. when not directly threatened. year history as a nation, with well over 100 J: (Footnotes) I: You also mentioned religious instances in which we have employed * An expanded and fully documented beliefs. Tell me about those ... military force, we have never once - until version of the ideas in this imaginary J: We were intensely religious, and, in Iraq -engaged in a preemptive war. dialogue will appear in traditional law fact, our religious perspective was inextri- I: What have all these other wars and review form in Preemptive War: Is It cably intertwined with our political instances of using military force been Constitutional?, 44 Santa Clara L. Rev. philosophy. Thus, the concept that, under about? _ (2004). The article will also includ} the Social Contract theory, the individual J: There have been a range of ration- an extensive discussion regarding the never cedes his "natural rights" to the ales-protecting U.S. citizens and property, justiciability of this issue and why the community is underlain by the belief that particularly when local governments could Political Question Doctrine does not bar men have been endowed by God with no longer maintain order; implementing judicial review, as well as why governmen natural rights, rights revealed through the Monroe Doctrine, supplemented by treaties; restoring governments to power; tal claims of military/national security their God-given power of reason. As you can privilege will not bar an appropriate imagine, the Catholic "Just War" doctrine responding to a foreign state that sup- ported terrorism that resulted in the death factual inquiry by the court.

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ominations: guaranteeing civil rights, as discussed submitted that most voters care less below. about such mathematical precision ' continued from page 13 •In his opinion in Fairley v. Forrest when it changes their actual influence County. Miss., 814 F.Supp. 1327 (S.D. Miss. so little, than they desire to save tax * * * 1993), rejecting a challenge to a county dollars, avoid disruption and the SALT Letter in Opposition to Charles supervisory districting plan under the breaking of so many political Pickering, , Sr.: "one-person, one-vote" principle of the subdivision lines.4 Re: STATEMENT OF SOCIETY OF AMERI- Fourteenth Amendment, Judge Pickering Judge Pickering has made clear his CAN LAWL TEACHERS REGARDING THE repeatedly described the courts' role in such preferred methodology for deciding civil NOMINATION OF JUDGE CHARLES cases as "obtrusive."2 Much ofJudge rights and constitutional claims: if Judge PICKERING TO THE UNITED STATES Pickering's opinion was devoted to Pickering believes the asserted right is of COURT OF APPEALS FOR THE FIFTH little vafue, and the cost of protecting such CIRCUIT rights is too burdensome, the right should Dear Senators Frist and Daschle: "If Judge Pickering not be protected. On behalf of the Board of Governors of Judge Pickering said nothing at his the Society of American Law Teachers believes the asserted February 7, 2002 confirmation hearing to (SALT) - the largest membership organi- right is oflittle value, suggest that he now appreciated the zation of law professors in the nation - we and the cost of importance of voting rights or the barriers rite to express our grave concerns protecting such rights African Americans faced in trying to vote regarding the nomination of Charles in Mississippi in the 1960s. He ascribed the Pickering to the United States Court of is too burdensome, low number of African American voters in \ppeals for the Fifth Circuit. On February the right should not be this era to their failure to vote without 7,2002, we wrote to the then-chairman of protected " recognizing the extraordinary tactics of the Senate Judiciary Committee, Senator obstruction, harassment and intimidation Patrick J. Leahy, expressing our opposition to which they were subjected. to judge Pickering's nomination. Unfor- explaining his conclusion that-contrary •Judge Pickering's opposition to tunately, our concerns have not abated to the United States Supreme Court's enforcement of the Voting Rights Act also with the passage of time, and we continue precedents - a total deviation of 16.4% was evinced earlier during his term as a to oppose this nomination. among election districts "is really de Mississippi state senator. In 1975, he co- Since its founding thirty years ago, minimis variation in actual voter sponsored a Mississippi Senate resolution SALT has sought to make the legal influence. "3 He then complained of the calling on Congress to repeal the Voting profession more inclusive and responsive to costs of enforcing this constitutional right: Rights Act or apply it to all states, under-served individuals and communi- [l]t is submitted that no one can regardless of whether a state shared ties. These goals have particular meaning know or assimilate information as to Mississippi's extensive history of blatant In the states of Texas, Louisiana and the tremendous amount of taxpayer violations of voting rights of African \11ssissippi, which comprise the Fifth money that has been spent on Americans.5 1.lrcuit. The Fifth Circuit also is home to apportioning and reapportioning •Judge Pickering's comments when the larl gest percentage of racial and ethnic political bodies to comply with court denying the appeal of death row prisoner minorities in any of the eleven circuits. 1 rulings or to comply with what Howard Monteville Neal also raise for rresidents of these states who must tum lawmakers perceive to be judicial questions about his willingness to consider the courts to vindicate their rights, the requirements. No one can calculate carefully the claims of those before his Fifth Circuit is, as a practical matter, the the number of hours devoted by public court. Mr. Neal, a defendant with mental court of last resort. In light of these officials to resolving reapportionment retardation with an IQ of between 54 and oncems and after careful review of Judge issues, trying to live by court man- 60,6was sentenced to death forthe rape Pickering's record, SALT urges the Senate to dates. Oftentimes, other government and murder of his thirteen-year-old niece r reject his nomination to the United States problems are ignored because legisla- in 1982.7 The defendant alleged that his Court of Appeals for the Fifth Circuit. tive bodies are trying to solve reappor- lawyer provided ineffective assistance by The available public record raises tionment according to what they failing to adduce mitigating evidence at troubling questions about Judge think the courts will require ... It is Pickering's ability to enforce federal law Nominations continued on page 18

\J:r Equalizer Page 17 November 2003 www.saltlaw.org

Nominations: the rights of a man with mental retarda- the following year. 14 tion who, the Fifth Circuit found, was not While this episode might be dismissed continued from page 17 provided the fundamental constitutional as a distant reflection of mainstream views in Mississippi in 1959, Mississippi law the sentencing phase of his trial. After the right of effective assistance of counsel. students of that period were hardly Mississippi Supreme Court rejected his Given the widespread use of the death universal in their acceptance of racial claim, Judge Pickering denied Neal's segregation.15 Moreover, while Judge petition for writ of habeas corpus, stating "[Judge Pickering] Pickering asserted at his 2001 confirma- that ordering a review after nearly 18 years tion hearing that "who one marries is a "undermines the finality, certainty and suggested a statutory personal choice and that there should not integrity of the judicial process .... "8 amendment that be legislation on that," 16 this indirect Mr. Neal appealed the denial of his would allow the repudiation occurred on the eve of his habeas corpus petition to the U.S. Court of confirmation hearing. This belated Appeals for the Fifth Circuit. Apanel of Mississippi state response only reinforces the conclusion that Court, and then the Court sitting en courts to en.force the that his unwillingness as a judge to bane, ultimately affirmed Judge state's prohibition on enforce civil rights statutes is deeply root d. Pickering's ruling.9 But the Fifth Circuit's interracial •Judge Pickering's highly unusual thoughtful and careful review (in a 14- intervention on behalf of a defendant page opinion) was in marked contrast to marriages. " convicted of cross-burning, well-docu- the short shrift that Judge Pickering gave mented elsewhere, further reflects his to the case. The Fifth Circuit found that insensitivity on issues of racial justice and the additional evidence presented in the penalty in the three states comprising the raises ethical questions about his judicial petition "does, indeed, make disturbing Fifth Circuit, that court demands judges conduct. reading."10 The appellate court found that who are sensitive to the legal claims raised •Finally, Judge Pickering has failed to Mr. Neal's "trial counsel was deficient in by death row inmates and who will impose failing to investigate, gather, and consider this ultimate sanction only after rigorous assurance that all fundamental rights [available evidence] for purposes of "Throughout his legal presentation at Neal's sentencing hear- have been provided to the accused. We believe that Judge Pickering is not such a ing, "11 and that "there is a reasonable career,judge Pickering probability that a jury would not have judge. has demonstrated a been able to agree unanimously to impose •Judge Pickering's opposition to marked insensitivity the death penalty if the additional enforcement of basic civil rights was evidence had been effectively presented and demonstrated early in his legal career, regarding the need to explained to the sentencing jury. "12 The extending back to his work as a law protect those Fifth Circuit noted that additional student at the University of Mississippi Law individuals in our School. Judge Pickering published a evidence presented by Mr. Neal's appellate society most in need counsel "augment[ed] Neal's mitigating casenote on the Mississippi Supreme circumstances argument in at least five Court's decision in Ratliff v. State, 107 oj'the.federalcourts' ways," including details of his childhood So.2d 738 (Miss.1958), which reversed a protection. " ("including the terrible living conditions criminal conviction for a violation of with the alcoholic and abusive father") Mississippi's miscegenation statute. Judge meet the burden of demonstrating the and "the bleak, depressing, and hopeless Pickering's analysis conceded the correct- candor required of all judges. At his 1990 life at the mental institutions" and "abuse ness of the decision, but suggested an confirmation hearing before the Senate and mistreatment in prison" where he had alternative interpretation that would have upheld the conviction. In addition, he Judiciary Committee (where he was being been confined. 13 considered for appointment to the federal Judge Pickering, on the other hand, then suggested a statutory amendment district court), Judge Pickering testified had not found it necessary to examine Mr. that would allow the Mississippi state that he "never had any contact" with the Neal's petition in such detail. For Judge courts to enforce the state's prohibition on Mississippi Sovereignty Commission, a Pickering, finality is more important than interracial marriages. The Mississippi state legislature enacted the amendment state-funded agency created to resist

SALT Equalizer Page 18 November 2003 www.saltlaw.org

desegregation and used to spy on civil 304 (2002), which held that execution of Awards Dinner: rights and labor organizations in Missis- defendants with mental retardation ppi. However, the subsequent release of violated the Eighth Amendment's continuedfrom page 1 the Sovereignty Commission's records proscription against cruel and unusual Congressman John Lewis, a legendary indicatesthat Judge Pickering did have punishment. figure in the U.S. Civil Rights Movement, contact with the Commission: he wrote a 8 judge rejects appeal ofdeath row will receive the 2004 SALT Human Rights letter in 1972 to a Commission investiga- inmate convicted of killing family, Award. The SALT Human Rights Award toraski ng to be "advised" about a group AssociatedPressNewswires Qan.12, 1999). recognizes the extraordinary work of an rylng to organize pulpwood workers. 17 At 9 Neal v. Puckett, supra note 6; 286 individual or organization in advancing his heah ring in 2002, Judge Pickering F 3d 230 (5th Cir. 2002) (en bane), cert. the principles of equality and equal access acknowledged that at the 1990 hearing he denied sub nom. Neal v. Epps, 537 U.S. to legal education, the legal profession and had misrepresented facts regarding his 1104 (2003). legal services. Congressman Lewis orga- ontacts with the Commission. 10 Neal, 286 F.3d at 238. nized and participated in sit-in demonstra- Throughout his legal career, Judge 11 Id at 240. tions in Nashville, was a volunteer in the Pickering hhas demonstrated a marked 12 Id at 244. Ultimately, however, the Freedom Riders and from 1963 to 1966 nsensitivity regarding the need to protect Fifth Circuit declined to order relief for Mr. served as the Chairman of the Student hose individuals in our society most in Neal because it did not find the Mississippi Nonviolent Coordinating Committee need of the federal courts' protection. Supreme Court's judgment involved an (SNCC) . He has served as Congressman for uch protection is especially critical in the "unreasonable application" of the Georgia's fifth Congressional District since Fifth Circuit. The Senate Judiciary Strickland v. Washington standard for 1986. Committee was right to reject Judge ineffective assistance of counsel, as The SALT Teaching and Human Rights Pickering's nomination in 2002, and SALT required by the Antiterrorism and Effective Awards will be presented at SALT's annual trongly urges the entire Senate to reject Death Penalty Act. dinner, on Monday, January 5th, 2004. The Judge Pickering's nomination now. 13 Id at 244. dinner will be held in Atlanta's 103 West Sincerely, 14 Laws of the State of Mississippi Restaurant, located at 103 West Paces Ferry Paula C. Johnson, Professor of Law, (1960), at356-57, listing Mississippi S.B. Road. The pre-dinner reception will begin yracuse University School ofLaw No.1509 (approved Feb. 24, 1960), at 6:30, dinner at 7:30. Please join us for Michael Rooke-Ley, Professor of Law amending Section 2000, Mississippi Code a magnificent evening in which SALT l\'lsiting), Seattle University School of Law of 1942. celebrates the lives and works ofthese Co-Presidents, SALT 15 See, e.g., Alfred E. Moreton, two extraordinarily gifted and giving (Footnotes) Constitutional Law - Power of State persons. 1 U. S. Census Bureau, Table 1, Legislature to Exclude Negroes from In addition we invite you or your Population by Race and Hispanic or Latino Municipal Corporations, 31 Miss. L.J. institution to offer your congratulations Origin for the United States, Regions, 176, 177 (1960) (describing the Fifth and support to the honorees in the SALT Divisions, and States, and for Puerto Rico: Circuit's decision in Gomillion v. dinner program by purchasing a program 2000, available at force in the argument of Judge Wisdom design an ad for you. Afull page ad (5 1/2" 2 814 F Supp. at 1330 ("obtrusive"); that the color of the parties is no valid x 81/2") costs $200, a half page ad (5 1/2" id. at 1336 ("obtrusion"); and id. at 1344 distinction ...."). x 4 1/4") is $100. Please fax or e-mail your ("'obtrusive") . 16 Transcript of Nominations Hear- ad requests to Prof. Margalynne Armstrong 3 Id. at 1331. ings, Senate Committee on the Judiciary, by Dec. 5, 2003. E-mail: 4 Id at 1337-38. Oct. 18, 2001, at 64. [email protected], fax (408) 554-4426. 5 Journal of the Senate of the State of 17 Ana Radelat, Pickering lied about For further information about the Mississippi (1975) at 124 (S.C.R. 549). contacts to anti-segregation commis- dinner please contact Prof. Armstrong at 6 Neal v. Puckett, 239 F.3d 683, 685, sion, groups say, Gannett News Service (408) 554-4 778 or Prof. Robert Dinerstein & 696 (5th Cir. 2001). (Jan. 25, 2002), available at 2002 WL at (202) 274-4141. For more information ' The Neal case preceded the Supreme 5255700. regarding program ads please contact Prof. Court case of Atkins v. Virginia,, 536 U.S. Armstrong.

\LT Equalizer Page 19 November 2003 www.saltlaw.org

Solomon: weapons research to humanities grants. university departments - affecting As SALT members know all too well, programs which are wholly unrelated to continuedfrom page 1 law schools could not resist such threats for the law school's career services office - th e long. By the summer of 2003, every law government is imposing an unconstitu- Greenfield has noted, "If pprospective school whose institution receives federal tional condition. employers are looking for the best and Representing SALT and FAIR on a pro brightest, we are delighted to help. But if bono basis is the law firm of Heller an employer is looking only for white Ehrman White & McAuliffe, whose legal students, or Catholic students, or straight "By extorting team, led by Josh Rosenkranz (formerly of students, we will not assist them in compliance with NYU's Brennan Center), has provided us recruiting." Law schools have made no with an extraordinary level of talent, exception for any employer, thus applying threats offunding loss resources and commitment. Having law the policy evenhandedly to the military, to all university professors for clients is no picnic, yet our which explicitly discriminates on the basis departments ... the lawyer/client relationship has been of sexual orientation. government is exemplary. Quite simply, we could not ask For years, the military did not for more. complain. The government was easily able imposing an As the first plaintiff to step forward in to recruit military lawyers without the aid unconstitutional this lawsuit, SALT has been gratified by of law schools. But things changed about condition. " those law schools and law students who eighteen months ago when the govern- have since joined as plaintiffs. With respect ment decided to tum up the heat and to law schools, FAIR was conceived as a aggressively apply the previously dormant funds had given in to the military's necessary umbrella for those law schools Solomon Amendment. Now the military demands and suspended their non- wishing to challenge the Solomon has taken the position that the Solomon discrimination policies as applied to their Amendment, but which were reluctant to Amendment requires schools to give recruiters. By September, military recruiters reveal their identities lest they be subject to military recruiters the benefit of every started arriving on campuses for the fall political retaliation from the Departmenl service and facility which is made recruiting season, demanding to co-opt the of Defense, individual members of resources of our career services offices. In Congress or other constituencies. FAIR's response, SALT and FAIR and others have institutional membership (which remains "By the summer of said "enough" - enough of the heavy- confidential) continues to grow, thanks to 2003, every law school handedness, of having to compromise, of the efforts of so many SALT members whose institution settling for "ameliorative" efforts. nationwide, and, as of this writing, at least The suit, captioned Forum for three schools have publicly announced receives federal funds Academic and Institutional Rights, Inc. & their decision to join FAIR: Golden Gate had given in to the Society of American Law Teachers et al. v. University School of Law, Whittier Law military's demands Rumsfeld et al., alleges that the Solomon School, and Chicago-Kent College of La\\ and suspended their Amendment is a blatant violation of the Our hats are off to them! In addition, First Amendment rights of academic separate lawsuits challenging the Solomon nondiscrimination institutions and faculties to decide what Amendment have been filed by law policies as applied to lessons to teach their students and how to professors at the University of Pennsylvan their recruiters. " teach those lessons. It points out that the and at Yale University. We congratulate Solomon Amendment's sponsors never hid them, as well. On the other hand, we arc their censorial purpose, to "send a message disappointed to report that the AALS chose over the walls of the ivory tower" and to not to get involved. available to non-discriminating employ- make law schools understand that there We will keep you posted as events ers. Should a law school violate this policy, would be a "price to pay" for their "starry- unfold; you can also find the briefs anda the military has threatened to cut off all eyed optimism." By extorting compliance host of information at funds to the entire university, covering with threats of funding loss to all www.solomonresponse.org. everything from clinical studies and

SALT Equalizer Page 20 November 2003 www.saltlaw.org

SALT at AALS Calendar of Events

Saturday, January 3, 2004 Monday, January 5, 2004 Tuesday, January 6, 2004

SALT New Teachers SALT Annual Awards SALT Board of Governors Reception Dinner Meeting 6:30-8:00 p.m. 6:30 p.m. Cocktail Reception; 11:00 a.m.-2:00 p.m. SALT Hospitality Suite, Marriott 7:30 p.m. Dinner Copenhagen, Convention Level, Atlanta Marquis 103 West Restaurant, 103 West Paces Marriott Atlanta Marquis Ferry Road, Atlanta, Georgia SALT Cover Workshop "Voting and Democracy: New Move- ments and Legal Issues," an examina- tion of democracy voting and the political crisis we have been in at least since Bush v. Gore, with an emphasis on the movements that are emerging around different aspects of the theme 8:00-10:00 p.m. Amsterdam, Copenhagen/Stockholm, Convention Level, Marriott Atlanta Marquis

Cover, Grillo, and Amaker Retreats

Cover Retreat Grillo Retreat Ainaker Retreat

"Staying Sane as Public "Empowerment for Social "Access to Justice" Interest Law Students and Change" March 26 to March 28, 2004 Practitioners" March 13 to March 14, 2004 Bradford Woods Conference Center, February 27 to February 29, 2004 Park Plaza Hotel, San Jose, California Martinsville, Indiana Sargent Center, Hancock, New Hamp- Ralph Abascal Memorial Lecture by U.S. For more information, contact: Kyleen hire Senator Barbara Boxer Nash, [email protected] For more information, contact: For more information, check the Web site: NikKol odny, [email protected] or Skykla www.scu.edu/law.socialjustice Olds, [email protected]

T Equalizer Page 21 November 2003 www.saltlaw.org r------Norman Dorsen Fellowship PLEDGE FORM Yes! I want to support the Norman Dorsen Fellowship. Over the next five years I promise to make the tax deductible contributions at the following level: --Distinguished Contributor ($1,500 total, or $300 a year) --Honored Contributor ($1,000 total, or $200 a year) --Sustaining Contributor ($500 total or $100 a year) --Contribution (other) $____ per year

Or: --One-Time Contribution $ ---- Name------School------Address------: Phone------E-Mail------Make your check payable to: SALT, designated to the Dorsen Fund on the notation line, and mail to: Sylvia A. Law, NYU Law School, 40 Washington Sq. So., New York, N.Y. 10012. The contribution is tax deductible. : Norman Dorsen Fellowship Committee: David Chambers, Howard Glickstein, Phoebe Haddon, Sylvia A. Law, Charles R. Lawrence, Avi Soifer, and Wendy Webster Williams. L------r------i Society of American Law Teachers Membership Application (or renewal)

Enroll/renew me as a Regular Member. I enclose $50 ($35 for those earning less than $30,000 per year). Enroll/renew me as a Contributing Member. I enclose $100. Enroll/renew me as a Sustaining Member. I enclose $300. I enclose ($100, $150, $200, or $250) toprepaymyduesfor ___ years ($50 each year). Enroll me as a Lifetime Member. I enclose $750. I am contributing $___ to the Stuart and Ellen Filler Fund to support public interest internships. I am contributing $ as an additional contribution to support SALT's promotion of affirmative action. Name School ------Address ______E-mail ______ZIP Code ______

Make checks payable to: Society of American Law Teachers Mail to: Professor David F. Chavkin Washington College of Law American University 4801 Massachusetts Ave. NW Washington, DC 20016 L------J

SALT Equalizer Page 22 November 2003 www.saltlaw.org ------,

SALT Awards Dinner Reservation Form

January 5, 2004 6:30 p.m. Cocktail Reception; 7:00 p.m. Dinner 103 West Restaurant, 103 West Paces Ferry Road, Atlanta, Georgia

Mailing address for tickets ______

Telephone ______

E-mail ______

Note: Tickets reserved by Dec. 19 will be mailed to your mailing address. Tickets reserved after Dec. 19 will be held at the door.

Number in party_ @ $65 per person = Total Enclosed $__ _

Please choose one entree per person: Number of chicken en trees requested ___ Number of salmon entrees requested ___ Number of vegetarian entrees requested ___

Please make checks payable to "Society of American Law Teachers."

Send reservation form and check to Prof. Norm Stein, 12 Columbia Road, Portland, Maine 04103

Questions? Need more information? Contact Norm Stein, [email protected]. 205-348-1136 phone.

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Equalizer Page 23 November 2003 Society of American Law Teachers Co-Presidents Past Vice Presidents Margaret Chon (Seattle) Paula C. Johnson (Syracuse) Anthony G. Amsterdam (NYU) Nancy Cook (Cornell) Michael Rooke-Ley (Seattle, visiting) Derrick A. Bell, Jr. (NYU) Frank Rudy Cooper (Villanova) Gary Bellow (Harvard) Roberto Corrada (Denver) Co-Presidents-Elect Ralph S. Brown, Jr. (Yale) Robert Dinerstein (American) Beto Juarez (St. Mary's) Thomas Emerson (Yale) Jane Dolkart (Southern Methodist) Holly Maguigan (NYU) Nancy Ehrenreich (Denver) Treasurer Past Presidents Neil Gotanda (Western State) Norm Stein (Alabama) Norman Dorsen (NYU) Tanya Hernandez (Rutgers-Newark) Howard Lesnick (Pennsylvania) Co-Editors Emily Houh (Northern Kentucky) David L. Chambers (Michigan) Eric S. Janus (William Mitchell) Joan Howarth (UNLV) George]. Alexander (Santa Clara) Raleigh Hannah Levine (William Mitchell) Chris Iijima (Hawaii) Wendy W. Williams (Georgetown) Jose Juarez Jr. (St. Mary's) Webmaster Rhonda R. Rivera (Ohio State) Eileen Kaufman (Touro) Emma Coleman Jordan (Georgetown) Richard Chused (Georgetown) Holly Maguigan (NYU) Charles R. Lawrence III (Georgetown) Historian Tayyab Mahmud (Cleveland-Marshall) Howard A. Glickstein (Touro) Joyce Saltalamachia (New York) Martha Mahoney (Miami) Sylvia A. Law (NYU) Beverly Moran (Wisconsin) Patricia A. Cain (Iowa) Board of Governors Nancy Ota (Albany) Jean C. Love (Iowa) Alicia Alvarez (DePaul) Marc Poirier (Seton Hall) Linda S. Greene (Wisconsin) Frances Ansley (Tennessee) Deborah Waire Post (Touro) Phoebe A. Haddon (Temple) Margalynne Armstrong (Santa Clara) Florence Roisman (Indiana-Indianapolis) Stephanie M. Wildman (Santa Clara) Elvia Arriola (Northern Illinois) Robert Seibel (CUNY) Carol Chomsky (Minnesota) Devon Carbado (UCLA) Aviam Soifer (Boston College) Margaret E. Montoya (New Mexico) Gabriel Chin (Cincinnati) Kellye Testy (Seattle)

WILLIAM MITCHELL COLLEGE OF LAW 875 Summit Avenue Non Profit Org. Saint Paul, MN 55105-3076 U.S. Postage www.wmitchell.edu PAID St. Paul, MN Permit No. 1300 SALT Equalizer Professor Eric S. Janus, Co-Editor Professor Raleigh Hannah Levine, Co-Editor

. Received on: 12- . . o Law

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