The Justinian

Volume 2005 Issue 2 April Article 1

2005

The Justinian

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BLS In Print April 2005 Volume 4 Issue 5 Letter to Students BLS Bids Farewell to Incomparable Teacher and Scholar On LRAP at BLS Professor Aaron D. 1werski to leave BLS for post as dean at Hofstra.

By Danielle Dascher '06 By Yael Friedman

Our nation currently faces a crisis At the end of the present semester, in access to justice. According to a Brooklyn Law School will be losing the recent national study of law students talents of a professor who is con idered inclined toward public interest law, 66% as much of an institution unto himself reported that debt prevented them as he is part of a larger one. Professor from considering a career in that field. Aaron D. Twerski, part of the BLS fac­ This is of particular concern for the ulty since 1986, will be moving slightly BLS community because, although the further East to the arguably greener pas­ school has an excellent reputation in ture of Hofstra Law School, where he public interest law, fewer B~ graduates will serve as its dean. are pursuing public interest careers. In Por those at all acquainted with 2002, 3.9% of BLS graduates entered the wide field of tort law, the name the public interest field but in 2003 this "Twerski" has become nearly synony­ number dropped to 2%. Furthermore, mOll with products liability, as well as in a 2002 stud y of public interest an ideal of scholarship. Indeed, during employers, 68% reported clifficulty in hi tenure at BLS, Profe or Twerski recruiting qualified graduates, and 62% was co-reporter (with James Henderson r ported problems in retaining employ­ Jr.) for that fundamental tome of tort Professor Twerski at the desk he will soon be leaving for a position at Hofstra ees after two or three years. These prob­ law - the Restatement (Third) of Torts Photo by Stephen Harris lems are a clirect conseguence of mas­ Products Liability, published in May, sive law student debt. While salaries at 1998. plexities of his subject. These ultimately Professor Anthony J. Sebok, has had rrlid- ize and large private firms have In general, Professor Twerski's reflect a deep farrliliarity with human the opportunity to co-author an article risen at nearl y the pace of law student scholarship, throughout his career, has nature itself, which tort law eems to with Professor Twerski (Liability borrowing, the non-profit sector has left many colleagues, students, and lay­ deal with more directly than most other Without Cause? Further Ruminations seen no corresponding salary increase. men with deep impre sions of his intel­ disciplines in law. This problem has been steadily ligence, creativity and depth of knowl­ Another highly esteemed tort See PROFESSOR TWERSKI gaining attention nationwide, and many edge and understanding of the com- law expert on the BLS faculty, Continued on p. 1.0 law schools and bar associations have responded by creating Loan Repaym nt I~======~ Assistance Programs ("LRAPs"). These programs generally give graduates Professional Ethics, ·Activist Advocacy And Lynne Stewart working in public interest jobs a sum of though while Mr. Lefcourt still works as money to cover part of their loan a criminal defense attorney, Geraldo repayments in their first few years out long ago decided to take a clifferent of school (although a few especially route towards serving the public. The generous LRAPs cover ail debt after third panelist, Michael Ross, a long-time several years). In 2003 the ABA's professor at Cardozo, and a leading spe­ Commission on Loan Repayment and cialist on professional responsibility in Forgiveness published a report recom­ the legal profession, focused on the eth­ mencling that law schools take three ical aspect of Stewart's behavior. steps with regard to their LRAPs: 1) Professor harge! prefaced the treat them as a priority; 2) provide them evening by explaining that the main rea­ with a solid funcling base; and 3) contin­ son he sought to empanel this group ually evaluate them for effectiveness. arose when many ?f his students voiced The current LRAP at BLS pro­ deep apprehension about Lynne vides qualifying public interest gradu­ tewart's conviction, specifically regard­ ates with a total of $35,000 over 5 years. ing whether aggressive advocacy was Right now there are 11 graduates from still even possible. He thought such a all previous classes enrolled in the pro­ panel would perhaps quell some fears gram. In the spirit of addre sing the and help students glean the essential growing concerns of public interest Gerald Shargel, Andrea Chan , Geraldo Rivera, and David Zabel! at the panel issues and cliscard those that may be students and following the ABA's rec­ discussing the questions posed by Lynne Stewart's guilty verdict. contributing to unjustified hysteria. ommendations, the Brooklyn Loan Photo courtesy of Andrea Chan The four attorneys presented Assistance tudent Taskforce (BLAS1) where, has recently accepted an invita­ three rather clistinct conclusions about is working to engage the entire BLS· by Yael Friedman tion by the Dean to teach Professional the verdict. Geraldo claimed to deplore community in a discussion of LRAP. R pon ibility at BLS next year. what Stewart did substantively and BLA T is currently seeking to increase few notable BLS alumni gath­ Professor ShargeJ brought these men what the government clid procedurally. the expencliture per student to 55,500, ered recently, not to discuss the future together to assess what Stewart's guilty He spoke, not too nostalgically, about which is the maximum amount a stu­ of their alma mater or wax nostalgic, verdict indicates about our justice sys­ the "old days," during the Vietnam dent can borrow in fed eral loans. btJ.~ to appraise a federal jury's decision tem, about the zealous advocacy of War, when he and Gerald Lefcourt Increasing the amount of assistance to last February to convict Lynne Stewart clients reviled by society or considered a traveled in the same circles as Stewart gualifying students is an important step of conspiracy, providing material sup­ threat by the government, and, more and championed similar causes, espe­ in making a public interest career a port to terrotists and defrauding the specifically, to debate Lynne Stewart's cially when he represented The Young financially realistic option for BLS grad­ .S. government. On February 17th, own obligations, both to her profession Lords and Lefcourt The Black uates and strengthening the school's Professor Gerald Shargel (BLS '69), on and to her client, that paved the way to Panthers. During that period, they position as a leading public interest loan to BLS from his private practice as her current predicament. worked under the assumption that they institution. a successful criminal defense attorney, The group presented an apt were under constant surveillance, and Model Rule of Professional moderated a panel composed of cross-section of perspectives on the that while in the subsequent decades Conduct 6.1 states "Every lawyer has a Geraldo Rivera (BLS '69), Gerald subject. Both Geraldo and Gerald Lefcourt (67) and the only non-BLS Lefcourt have had experience in activist See lYNNE STEWART See LRAP Published by byBrooklynWorks, BrooklynWorks, 2005alumnus, 2005 Michael Ross, who, in order to advocacy, defending clients similar to Continued on p. 4 11 Continued on p.10 compensate for earning his JD else- those represented by Lynne Stewart, Page 2 Brooklyn law School News April 2005 The TheJustinian, Justinian, Vol. Vol. 2005 2005 [2005], [2005], Iss. Iss. 1, Art. 2, Art.1 1 BLS at the 11th Annual Rebellions Lawyering Chnference

incredibly compelling and was a fantas­ Servicemembers Legal Defense By A16pa Lasker '07 tic juxtaposition to the point of view of Network, an organization dedicated to lawyers who had worked' on similar helping servicemembers harmed by the "Mere passive citizenship is not cases. policy of "Don't Ask, Don't Tell." She enough. [We] must be aggressive for Next, Mark headed to a panel on also represents the plaintiffs in Cook v.

what is right if government is to be environmental law and the rest of us RumsfeldJ a constitutional challenge to saved from those who are aggressive for went to a panel on the constitutionality the policy filed in the Federal District what is wrong." - Senator Robert of the juvenile death penalty. We found Court of Massachusetts. She and the LaFollette, 1924. this panel particularly interesting since other panelists discussed the strategies the buzz was that the Supreme Court of the movement against the "Don't On a freezing cold weekend in would be deciding Simmons pretty Ask, Don't Tell." In particular, Tobias February, the rebels reached the city of soon. One of the panelists was Marcha Wolff, a Professor of Law at UC Davis B .L S New Haven. They were unarmed, but Levick, a co-founder of the Juvenile spoke about the relationship between NEWS they were there to gather their forces. Law Center and counsel of record for the movement and certain First No, it wasn't a staging area for the amici of child advocacy organizations in Amendment arguments that are suc­ Revolutionary War, it was the 11 th Simmons. The other panelist was cessful in the short-term, but may be Annual Rebellious Lawyering Stephen Harper, co-coordinator of the dangerous in the long-term. Editor - in - Chief The last panel of our rebellious lawyering day was on the topic of felon Greg Brown disfranchisement. The speakers were Ryan Paul Haygood and Paul Taylor. General Editor Haygood is an attorney for the AACP Brian Pleban Legal Defense & Education Fund and is a counsel in Hayden v. Pataki, a chal­ Staff Editor lenge to ew York's felon disenfran­ Yael Utt chisement regime that is pending before the US Court of Appeals for the Second Story Editor Circuit. Taylor is a Professor of Viviana Beltrametti Walker Philosophy at Temple University and works in areas of culture, Africana, race Layout and philosophical pragmatism. Both spoke of the origins and current prac­ Aleah Borghard tice of felon disenfranchisement poli­ cies within the context of race in Contributors America. Danielle Dascher Thankfully, we stayed for the Yael Friedman keynote address despite being exhausted Stephen Ha rris by so much brain food - because it was the best part of an

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Cut out and staple to your door. Then aim for your least favorite class• . , Enioy! . Published by byBrooklynWorks, BrooklynWorks, 2005 2005 33 Page 4 Brooklyn Law School News April 2005 The TheJustinian, Justinian, Vol. Vol. 2005 2005 [2005], [2005], Iss. Iss. 1, Art. 2, Art.1 1 Professional Ethics, Activist Adv.o'cacy And Lynne Stewart

LYNNE STEWART Continued from p. 1

this may not have been the case, it is now again the prevailing perception. However, while he identifies with the old and honorable tradition of placing one's own liberty at tisk in order to ,best represent a client or cause, he feels that Stewart went beyond that tradition by putting the nation's security at risk and, in doing so, clearly crossed the line. Gerald Lefcourt, who unlike many of his '60's radical-politics cohorts, never withdrew from the fray, called the government's case an "outra­ geous prosecution." He did not address Stewart's personal culpability and instead focused on the laws and govern­ ment actions that led to her indictment. He attacked the viability of the AMs (Special Administrative Measures, restricting the communication of feder­ al inmates with the outside world, which tewart was found to have violated) as a legitimate tool of law enforcement, as well as the fairness of a trial in which the jury judged Stewart's guilt in the context of hearing evidence about her Professor Shargel (BLS '69) moderated the panel composed of Geraldo Rivera (BLS '69), Gerald Lefcourt ('67) and the only co-defendants (Mohammed Yousry and non-BLS alumnus, Michael Ross. Ahmed Abde!) , which included hours Photo by Alan Perlman upon hours of tapes about

book of rules. " Christie later said he felt This seems to have left many students Ross failed to address the actual justifi­ unsatisfied and they will get a chance to cation for abiding by the rules regard­ hear Stewart herself when she comes to less of the situation. speak at BLS at the invitation of BLS' Similarly, many students left ational Lawyers G uild. wondering whether Ross !.lelieved All three panelists undoubted­ Stewart should have been solely disci­ ly answered and also raised many ques­ pli ned fcir violating her professional tions about professional responsibility responsibility or whether he also and zealous advocacy, as well as the gov­ believed the criminal pro s ,~cution was ernment's role vis-a-vis lawyers who justified. Ross was unavailable for fur­ represent client the government deems ther comment regarding this question. a security threat. However, regarding her profes­ ill concluJing the evening, sional conduct, he stated t~at rather Professor Shargel redi rected the discu s­ than representing a situation in whi ch sion to the reason for th'c panel, empha­ the line between ethical and unethical sizing that this verdict should in no way behavior by a lawyer becomes hard to deter any law students from becoming discern, this case is "the poster child" aggressive advocates for their clients in for when a lawyer has clearly violated their future careers her ethical obligations to her profession.

St udents posed questions to panelists, many regarding the views of Michae l Ross Photo by Alan Perlman

terrorist activity that ostensibly had no important than the duty to abide by bearing on the case against Stewart. these rules, to be ethical." He stressed MoreO\~ er, he intoned, this evidence was that the "good purpose defense" is not presented in a period after 9/11 when a a viable one, that there is no place for jury might be more inclined to convict moral relati"ism in a functional justice someone charged in a "furtherance of . ystem. \X'hile he conceded that today it international terrari m conspiracy." is near impossible to receive justice in e\'eral times Lefcourt prophesied that federal court, he stressed that the rules these are "scary times" and that we have of ethics are there to to worry that this type of prosecution protect all clients, and to keep all will become a source of intimidation. attorneys from abusing their privileges, Unlike his co-panelists, Michael prosecutors included. Ross focused primarily on whether Many students in the audience Stewart \-iolated the ethical tenets of her appeared troubled by Ross's position, prafes ion. He stated that thi ca e which they perceiYed as championing of raised ' the fundamental question dogmatic, uncritical adherence to the "\X'hether for a good cause a lawyer may rules. The several questions that were bend the rules." Ross maintained that posed tended to address this point, the rules governing the professional including one by John Christie, a 2L, responsibility of lav.ryers do not permit who asked Ross whether or not he Lynne Stewart's web site (www.lynnestewart.org) offers T-sh irts bearing this a hierarchy of rule and that "The du~ "believed there was an ethical problem image. of zealou representation i no more https://brooklynworks.brooklaw.edu/justinian/vol2005/iss2/1https://brooklynworks.brooklaw.edu/justinian/vol2005/iss1/1with abdicating moral responsibility fa a Photo courtesy of Iynnestewart.org 44 April 200 5 Broo kl yn La w School New s Page 5 etet al.: al.: The The Justinian [ .Opinions & Editorials] Letter to the Editor: A Viewer's Take on Lynne Stewart Panel

her morals, she felt that her moral obli­ the Sheik to r lea e a statement in sup­ in injustice, it is Justice that mu t By William E. Stephenson gation was relatively the better choice. port of peace and the goals of ociety as eventually prevail. I t is in answering the The problem is that moral rela­ he perceived them, the Prosecutor question, "Who is -:Justice?" that I On Thursday, February 16th, tivism is part and parcel of the practice decided that the moral choice was rela­ believe we must be able to understand Professor Michael S. Ross, while speak­ of law. It must be recognized, under­ tively better than the legal one, and did and appreciate moral relativism. ing at Brooklyn Law School on the stood and employed by everyone in the not prosecute the previous counsel. I acknowledge that consistency, arrest and conviction of defense attor­ process from a Justice of the Supreme When the statemen t released by M . notice, efficiency, incentive, etc. all have ney Lynn Stewart, made a sweeping Court to a traffic cop sitting behind a Stewart lacked moral support, he chose a moral weight of their own. But to me, generalization that "Moral relativism has radar gun. to enforce the law. a complete ban on moral consideration no place in the practice of law." One example is from the same Is it only Prosecutors who are results in those of us best positioned to I will concede first that Professor evening's discussion, mentioned by the allowed moral ch ice? Here is a hypo affect the greate t number of cases Ross, speaking as he was to an audience o ther, eminent members of paneL Two thetical: an attorney is defending his completely abdicating the role of Justice of law students, was likely attempting of Sheik Abdel Rahman's previous client in an abusive rape case. Without to those precious few with the power to to instill a lesson regarding Ms. Stewart's counsel had released statements from any evidence to support the inquiry, set the standard and make the law. conviction. Second, I may not have him to the press, yet they were not should he ask if the victim's husband Personally, I am not training to work on fully understood the scope of charged with violation of the SAMs hits her? A legal ethics quandary, bal­ an assembly line of law enforcement. how Professor Ross intends his tate­ (which they also signed). Much was ancing the zeal owed the client with For me, Ms. Stewart's mistake was ment be applied. It remains however made of the fact that ne of them wa ubjecting the victim to a probably not that she engaged in moral relativism, that, on its face, the assertion is danger­ a former US Attorney General, but it unnecessary and potentially disturbing it was that she engaged in it incorrectly. ous. was Professor Ross, in his attempt to line of questioning. The result is a That, if she did indeed believe that it While Professor Ross fail ed to apologize for this discrepancy, who choice between morals and ethics. was her moral o bligati on to resist the explain precisely what he meant by made the argument that supports my There are practical 'component to SAMs, she should have done it first " moral relativism" in the context of his point. He explained to us that the choices in bo th of these examples, within the legal sy tern, and failing that comments, I understand the meaning of Prosecutors have discretion whether to as well. However, many of the practi­ should have much better weighed the the phrase as follows: that when Ms. press charges when a law is violated, and calities relate to the lawyer'S ability to potential consequences of the particular Stewart, consciously or unconsciously, that this is simply inherent in the sys­ predict the moral reactions of the judge, statement she relea ed. balanced her moral beliefs (i.e. that it is tem. the jury or the public. One must be able As far as moral relativism is con­ an outrage to imprison someone perma­ How do I believe the Prosecutor to perceive and balance moral choices cerned, my response to Professor Ross nently incommunicado) against her obli­ balances that discretion? In this case, even if the morals are not your own. is the same as my response to the cur­ gation to the external ethical standards the previous statements by the Sheik I've attempted to provide examples rent federal administration's. assertion of the legal profession, and her were in support of the cease-fire as to why Professor Ross' generalization that it seeks judges, "who know how to (arguable) legal obligation to the Special between Egypt and the Sheik's insur­ is absurd, but why is it dangerous? It is enforce the Law," implying that Equity Administrative Measures (SAMs) gents; the statement Ms. Stewart dangerous to me, because I believe in has no place in the courts: Justice is attached to representing her client, the released was repudiating that peace. Equity. I believe our laws should be already blind, there's no sense in it being ethical and legal considerations lost. When the Prosecutor was given a choice made and enforced with their purpose deaf, dumb and stupid as well. Forced to choose between her legal and between enforcing the legal obligation squarely in mind, and that when a for­ ethical obligation and her obligation to represented by the SAMs and allowing mulaic interpretation of the law results

A Response to the Response: Lawyer Panelist Talks Back make during the panel discussion: the The Colorado Supreme Court restated present at the Lynne Stewart panel dis­ By Michael S. Ross New York Lawyer's Code does not per­ the principle that there is no exception - cussion was and remains a simple and mit a lawyer to elevate the lawyer'S duty not even an "imminent public harm important one: an attorney should pas­ I write to respond to the letter to be zealous above the lawyer's other exception" - to the prohibition against a sionately advocate for his or her client, of William E. Stephenson, a Brooklyn duties to not be d e ceitful or to other­ lawyer engaging in deceptive conduct. but may not cross the boundaties estab­ Law School student who was in atten­ wise act unlawfully or criminally. Mr. Stephenson's letter suggests lished by the ethical rules. dance at the panel discussion held on As an attorney who has for that my position is "dangerous"; that Sometimes following the ethics Thursday evening, February 17th, the decades defended lawyers before disci­ "moral relativism is part and parcel of rules is frustrating, but law students and topic of which was "Lynne Stewart: The plinary bodies and in courts of law, I the practice of law"; and that lawyers lawyers must always remember the Verdict And Its Implications." The have seen first hand how attorneys have are already routinely asked to make "a "ends do not justify the means" and panel discussion was moderated by been suspended, disbarred and some­ choice between morals and ethics." Mr. even a "just cause" will not insulate an Brooklyn Law School's Practitioner In­ times criminally convicted because they Stephenson is entitled to his belief - attorney from being sanctioned by the Residence Gerald L. Shargel; and my assumed that ethically, a client's just indeed I am impressed by the passion disciplinary bodies for conduct which fellow panel members were journalist cause warranted excessive and/or expressed in his letter. onetheless, my violates established disciplinary rules. Geraldo Rivera and nationally recog­ improper conduct. And as I pointed message to the hundreds of students nized defense attorney Gerald Lefcourt. out during the panel discussion, defen e Professor harge! began the attorneys and prosecutors both are sub­ evening's discu ion with an introducto­ ject to punishment if they violate th e ry proviso that the panel would, like any ethical rules even for a good purpo e. legal reviewing body, accept the jury's That is a legal principle which is applied findings as to the facts of 1s. Stewart' by disciplinary bodies in ew York and case and her conviction as true. The across this country; and that is a princi­ evening's discussion was focused on th ple which 'i re~arly made clear in implications of the case given the many continuing legal education pro­ assumption that Ms. Stewart was in grams in ew York. fact, guilty. I gaye the audience twO exam­ One of the issues which I ples to demonstrate my point. Matter of addressed was the noti n that the belief Cohn, 308 A.D.2d 9 (1st Dept. 2003) by a lawyer that hi or her client's cause in which a ew York lawyer was su - is just, or that the client is omehow pended for four years for lying to a bing treated unfairly by the legal sys­ prosecutor in an effort to circumvent an tem, can justify that lawyer breaking the inflexible rule relating to the ~ entencing ethic rules which govern attorney con­ process; and fatter of Pautler, 4 P.3d duct. The term "moral relativism," 1175 (Co. up. t. 2002), in which a which Mr. Stephenson refers to in his prosecutor was publicly sanctioned for letter to the Editors, refers to one of the lying in order to persuade a dangerou at Published by byBrooklynWorks, BrooklynWorks, 2005 2005 Professor Michael Ross speaks to BLS 55 important points I was attempting to loose ax murderer to turn himself in. Photo by Alan Perlman Page 6 Brooklyn Law School News April 2005 The TheJustinian, Justinian, Vol. Vol. 2005 2005 [2005], [2005], Iss. Iss. 1, Art. 2, Art.1 1 QUEENS OF THE STONE AGE, LULLABIES TO PARALYZE

QOTSA co-founder ick Oliveri (sup­ eoning quasi cock-rock that comprised strain necessary to discern the barely By Reeta Prakash posedly kicked out for worshiping at the 2002's Songs for the Deaf. Sludgy gui­ audible voices of Garbage's Shirley alter of rock stur cliches). In large part, tars and fuzzy vocals dominate most of Manson and the Distillers' Brody Dalle No one knows what Queens of the QOTSA have always been anchored by the tracks on Lullabies. "The Blood is on "You Got a Killer Scene There, Stone Age (QOTSA) will look like at the Homme-Oliveri dynamic. Good Love" and "Someone's in the \'(!olf' Man." Lullabies also falls short in the any given moment of any given day. cop, bad cop never worked so well. alternate between hoary vocals and lyrical department. Homme often ' With an ever-rotating cast f characters, Without the Homme-Oliveri anchor, is menacing guitar riffs, creating the per­ resorts to tedious revelations like "I QOTSA have always somewhat resem­ this new amalgamation of musician fect soundtrack for a pagan ritual in the could keep you off of myself / I know . bled the luggage carousel at the airport. still QOTSA? Or is this something darkest part of the woods. After you gotta be free / So Free yourself' on This rotating cast is more evident than new? The Josh Homme Project? We Homme and company have finished the utterly forgettable "Tangled Up in ever on their new album Lullabies to shall find out. dancing around the sacrificial fire, Plaid." Paralyze, upon which Josh Homme is Lullabies opens with just that, they're looking for pure and simple, D espite its shortcomings, the sole remaining member of the line­ an acoustic lullaby sung by guest collab­ unadulterated carnage. "Skin on Skin" Lullabies succeeds as a whole. The trip­ up that gave us the Queens' last album, orator Mark Lanegan. The peace is provides the meat, one of the lustier py, psychedelic, hedonistic flavor or Songs for the Deaf. short lived though. We're quickJy shaken tracks on the album, leaving you feeling Lullabies provides a departure from Former Danzig drummer Joey from our slumber when the drums kick utterly fUth), after three minutes and classic QOTSA com'ention. It's a devia­ Castillo and A Perfect Circle guit.'lrist in on "Medication," one the catchiest forty-rwo seconds of careening guitars tion that works for QOTSA. And a Troy Van Leeuwen replace Dave GroW and shortest tracks on Lullabies. and Homme crooning. damn good debut from the Josh and Mark Lanegan on this album. But "Medication" is all pulsating guitars and The collaborations on Lullabies Homme Project. no one expected GroW or Lanegan to hectic drumming, true to classic seem mostly ror show, adding nothing stick around for too long. The real QOTSA form. But Lullabies, as a particularly interesting (or necessary) to GRADE: B+ shock is the absence of bassist and whole, is less concerned with the bludg- the album. Your cars will bleed with the

Congratulations Class of 2005

The BLS News wishes the graduating class the best of luck in their legal ca ree rs and· futu re endeavors.

To the rest of the BLS .student body, faculty and staff, we offer our tha n ks for a great yea r.

Have a nice summer, see you next yea r.

https://brooklynworks.brooklaw.edu/justinian/vol2005/iss2/1https://brooklynworks.brooklaw.edu/justinian/vol2005/iss1/1 / 66 April 2Q05 Brooklyn Law School New s Page 7 etet al.: al.: The The Justinian [2005-2006 SBA Candidates]

PRE 5 IDE NT c • New Cafeteria - As alL of communication open D elegate I formed a Food between the students and the Committee, which held numer­ administration. ous meetings with the adminis­ In addition to the issues I am tration and Culinart. The Food already working on, I will dvocate Committee worked hard to for: . push for the improvements in • School-sponsored health insur­ the cafeteria that we see today. ance or a health clinic at school; In the future, I would like to • More 3 credit courses to choose keep advocating for changes from; that the students want and • Tentative "Fall Schedule" when need. you sign up for classes in the • Feil Hall- As Vice-Pre ident, I Spring; Anth ony L . Burns ~J 0 d i Siege l made sure that our opinions • Renovated Student Lounge; Along with the other members of This past year as Vice-President of were not left out the new build­ • Longer library hours during Action 2005, Dietrich Knabe, D ean the SBA I have accomplished many ing. I worked with the adminis­ finals; and Cantalupo, Julia Cervantes and Udo things that I would like to expand on tration to pick out furniture, • ALL other issues that arise in Schneider, I will fight for: if elected President of the SBA. arrange for student tours of the the future that are important to • Health & Wellness Day - I building, and even pick the students! • Increased responsiveness worked with the administration this TV stations for the new resi­ from Faculty, Administration past semester to bring in different dence hall. 1 will also be in the cafeteria, during and Career Services health insurance providers at our • Opening the Lines of lunch time, one day each week to • Affordable student health insur- first ever Health & Wellness Day, Communication - On behalf of listen to any student who has any ance which was held on March 2nd. I the SBA I have met with the complaints, problems, suggestions, • More publication opportunities plan to hold this every year, partic­ heads of the Career Center, etc. In addition, any student can • More networking and career ularly in the first few weeks of the Financial Aid Office, the Clinic reach me anytime by email. Your opportunities Fall semester so that incoming lL's Office, Alumni Affairs, and the voice matters to me and I will rep­ • Brooklyn Law School's reputa­ do not sign-up for the ABA-spon­ Bursar's Office. I meet with resent each student when working tion sored insurance. In addition, I these offices in order to try and with the administration. would like to get the ABA-spon­ improve their communication Additionally, I will be available all sored insurance off of the BLS with the students as well as to Voting for me is taking a step for­ year to discuss student ideas for the website due to all the problems see what these offices want ward in the right direction! future of Brooklyn Law School. they have caused from the students. As President, VOTE JODI SIE GE L FOR to BLS students. I will continue to keep the lines PRESIDE N T O F THE SBA! EVENING VI , eE PRESIDE · NT I am running along with: Tony events for you including: Burns (president), Dietrich Knabe Candidates (Day Vice President), Julia • Brooklyn for Brooklyn - (Not all Candidates submitted Student Discount Program Cervantes (Treasurer), and Udo platforms.) Schneider (Secretary). • End of Finals Party • Evening Student Newsletter President: And I have assisted in numerous Anthony L. Burns other programs including: Jodi Siegel

• SBA Student Affairs Committee Day Vice P resident: • Meet & Greet with the Deans Dietrich Knabe (evening edition) Dr

abo~t helping next year 1L del­ will hear from students of how to egates throw an even better better improve school. party. Create or add liaison between • Finals Party the student government, i.e. the stu­ • Race Iudicata- I have had the dents, and the head faculty, i.e. the opportunity to work with stu­ D eans. This is to better improve the dents, the Career Center, the . relationship between students and Alumni Office and the Dean's faculty, and to get student's voice Office to put together better heard up there in the hallowed Brooklyn'S 1st Annual Race halls. Judicata sK charity race. I hope Create a review committee with to make this an annual event problems with Moot Court and Law Dietrich Knabe that is widely attended by the Schlachter Reviews. To keep them under review New York legal community. for discrimination and the like. I am Dietrich Knabe and I am Ideas: • Opening the Lines of Ensure total fairness. running for Day Vice-Pre ident. Communication - As part of Improve the mentoring system. Oversee the older brother/sis ter Along with the other members of the SBA I have met with the Ensure that it works. Get on top of program, where 3Ls mentor 1Ls and Action 2005, Tony Burns; Dean heads of the Career Center and both mentors and students to ensure give them advice. Ensure that there Cantalupo, Julia Cervantes and Udo Alumni Affairs Office. These that both are complying. Too many is a close knit relationship between Schneider, I will fight for Brooklyn. meeting between the student complaints that either students or the students and students are aware It is an exciting time at BLS. The leaders and the administration mentors became 'too busy' and of what goes on. Make best use of nationwide increase in law school have opened up the lines of backed out. the options and programs that BLS applications has led to an increase in communication and. As Day Improve recruiting process for offers. student selectivity, student accept­ Vice President, I will continue new students. Have a position in Have conference for reps from ance, and pressure on student-facul­ to keep the lines of communi­ federal work-study where students ty interaction here at Brooklyn. cation open between the stu­ can work hours evenings or the like government and for newspaper by These recent changes bring a con­ dents and the administration. so that they are available to answer the Dean so that there can be comitant pressure on law school incoming prospective students ques­ monthly updates on what is going resources to be stretched farther. In In addition to the issues 1 am tions about law school in general or on and what is effecting schools. our bid to retain status as a top law already working on, I will advocate BLS specifically. Have government have power to school, BLS is at a crossroads. We for: Have meetings or contact investigate fraud or discrimination in can keep with the ways of the past, between heads of different student classes, competitions, or contests or we can look forward to find ways • School-sponsored health insur­ organizations to ensure sharing of that take place in BLS. to increase the student experience ance or a health clinic at school networking information. Try to change policy so that stu­ and training this excellent law school • Tentative "Fall Schedule" when Have a place or process by dents can gain credit and get paid provides. To that end, Team Action you sign up for classes in the which students can be polled for the for internships. Work with ABA rep­ 2005 will fight for: Spring problems that they are having. So resentative with this issue. • Renovated Student Lounge that the president or vice president • Increased responsiveness from • More opportunities to meet the Administration, Career with alumni and learn about 5 E C RET A R Y Services, Faculty, and the their career paths. the appropriate bins available Student Bar Association to stu­ Nora Christenson • A cleaner school on the week throughout the school and that dent concerns I am running for Secretary with the ends in the cafeteria, student the school is following through • Affordable and adequate student lounge and bathrooms! hope of continuing my work to on their erid. health insurance improve the quality of life and our • Longer library hours during • Work to fInd MORE STU­ • More publication opportunities education at Brooklyn. As a IL del­ finals; and DENT DISCOUNTS -- we're • More networking and career • ALL other issues that arise in egate, I spent this year working on all low on funds, I will work to opportunities the future that are important to many key issues including: working fInd more opportunities for BLS • Brooklyn Law School's reputa­ students! with the administration and the SBA to connect with community tion Executive Board to put together organizations - theater, music, I will be available to students in the HEALTH AND WELLNESS etc.- as well as continue to SBA office or anywhere else on DAY; soliciting businesses and expand on the student discount Rachel 01 on campus. In addition, any student working with fellow delegates to card, incorporating more busi­ can reach me anytime by email. I establish the first ever STUDENT nesses. Thi pa t year as the head 1L dele­ DISCOUNT CARD; putting am alway available to hear student • Make improvements to the gate I have had the opportunity to concerns so that we can make this a together the first annual BARRIS­ GENERAL QUALITY O F participate in the creation of man TER'S BALL; interacting with the better place to live for the next few LIFE at school- cleaner stu­ programs and events that I would administration communicating stu­ years! dent lounge and bathrooms, stay like t expand on if elected dent concerns on HOUSING on the administration to Pr ident of the BA. Voting for me i taking a step for­ ISSUES; ser ing as a LIAISON for impro e the efficiency of the ward in the right direction! various student groups and th(" BA; elevator , etc. • Di count Cards-This pa t year and, of course, throwing PARTIES • Act on behalf of ANY STU­ the 1L delegates created a tu­ VOTE RACHEL OLSON - the IL Bluebook Party, Beer a~d DENT CONCERNS brought dent discount card program FOR DAY VICE PRESIDENT Pizzas, Election ight Party, and to me throughout the year. with participating local busi­ OF THE SBA! Finals Parties. nesses. In the next year I hope Having served as the 1L Secretary to expand the number of par­ If elected, my goal are to: for the last year, I demonstrated my ticipating businesses for the organizational skills and ' established benefit of everyone's student • Continue working toward relationships with the administra­ budget! School HEALTH INSUR­ tion. As such, I am eager to contin­ • Blue Book Party- This year we ANCE, clinics and on other ue to be a voice and student repre­ threw a great party at Centro to health issues. sentative for the administration and celebrate the first grade we • Revamp the RECYCLING the community a a whole as SBA https://brooklynworks.brooklaw.edu/justinian/vol2005/iss1/1https://brooklynworks.brooklaw.edu/justinian/vol2005/iss2/1received as 1L's. I am excited 88 PROGRAM to ensure we have SECRETARY. April 2005 Brooklyn Law School News Page 9 etet al.: al.: The The Justinian [2005- 2006 SBA Candidates] TREASURER

pJ n 1 i a ( 1(l r \' a nt (' s ~J. A 1 (' X -D a ] e s s i 0 SBA this past year have decided to ence has comfortably prepared me I would like to see more The SBA, a a student organiza- run again. We believe that our expe­ for the specific duties of this posi­ three and four credit das. es tion, is limited in what it can do. If . rience and the relationships we have tion and I will have no trouble man­ being offered. Also the first elected, we will not olve all the built with the administration ideally aging the funds of the to facili­ floor of the library being u ed schools problems, nor will we be position us to be even more effective tate a mooth year for the many for storage space is a absurd in a able to guarantee perfect health care next year. organizations who have found a school w hich fin ds itself every or an adequate loan repayment pro- We know that the difficulty in home here at B Additionally, I 'exam period short on library gram. However, a good SBA can be working within the SBA is not com­ will use my voice on the executive seats, study rooms and space! effective. I know this because I am ing up with new ideas; it is doing board towards building a stronger presently a delegate on the SBA and something with them. The group of sense of community here at BLS. • Increased publishing oppor­ have seen what an organized and us running together has already ltimately, however, these races tunitie for students. ambitious group of SB representa- shown our ability in getting things come down to a couple of ques­ • Alternative career opportu­ tive can do. done, Jodi Siegel, Rachel 01 on, tions: do I know the candidate, and nity information. In just the past year, we have Brian imeone, ora Christen on, does it really matter who wins? To • Enhancing Brooklyn Law built a student discount card, held and myself have already worked the first question, if y u know any of Scho I's reputation. health and weUness fairs, drastically together to enhance and improve the us, you know we care and genuinely • More and better choice for changed the offering in the cafete- student experience here at BL . We want this school to work for us all. student health insurance. ria, sponsored charity races, balls, know what to do. We know who to To the econd question, it really parties, counties beer and pizzas, talk to. We have the information in depend on whether one group can am running along with Tony etc. In fact, from my understanding, place to build on what we have get the job done while another can­ Burns (Presiden t), Dean this has been one of the most suc- already begun. And finally, for what not. On this point, while I am not antalupo (Evening Vice cessful SBAs in tile school's hi tory. it's worth, we care. sure what the other candidates bring President), Dietrich I nabe (Day In addition to these achievements, For my part, I am specifically to the table, I do know our group Vice President), and do we have gained a proficiency in running for treasurer. I know the can do something. In fact, we have chneider (Secretary) . working cooperatively with, but not duties and obligations of the posi­ already started doing something for, the admini tration. tion and am confident I can manage Because' of our successes, a th responsibilities. Without reciting group of us who worked for the my resume, my profe si nal experi- T E C H UPPER CLASS DELEGATES J a III (' S R e n k e 11 Prior to attending law school, I them, 0 that they can build trong evening students with outside-of­ held a number of tudent govern­ coalitions. cla sroom Brooklyn Law School Having been a computer ystem ment positions in both high school Increase the interaction and mentor­ activities. I believe the ad\'ocac)' administrator for three years before and college. In addition, between ing-type processes between lLs and goes both ways: evening students coming to Brooklyn Law chool, I call ge and law school, I managed

Page 10 The TheBrooklynJustinian, Justinian, Law Vol. Vol. School 2005 2005 [2005], [2005],News Iss. Iss. 1, Art. 2, Art.1 1 April 2005 Brooklyn Says Goodbye to Cherished Professor Aaron. Twerski

PROFESSOR lWERSKI Twerski is equally revered as a teacher - ing at BLS, Professor Twerski worked at ent from teaching most other areas bf Continued from p.1 not necessarily two qualities that natu­ Hofstra as professor and assistant dean law in that "When you teach torts you rally resick: in the same professor. When and passed on the opportunity then pre­ start with something that is concrete on Cause In Fact As Applied To asked about his experience as Professor sented to him to become dean - he had and then yo u have to make it abstract - Handgun Liability 32 U of Conn. L. Twerski's student, Benjamin Stockman, too much he still wanted to accomplish as opposed to most of the other disci­ Rev. 659 (2000». When asked about a 2L, gave a very enthusiastic reply as a scholar and teacher. However, he plines in law in which you have to take this experience, Professor Sebok about a man whom he considers one of feels that he is now at a different stage in something abstract and concretize it for . reflected that "Working with Aaron is a the best professors he has had during life and it should be an interesting expe­ the student. Other stuff you have to pleasure because he is so smart and his two years at Brooklyn Law. When rience. make come alive, in torts you read the disciplined. We sat down, went through asked how Twerski helped shape the When asked about his time in facts and know the story and have to the question that we wanted to answer, way Stockman perceives tort law, he Brooklyn Law, Professor Twerski has take it to the next level - a story that you and Aaron immediately developed a replied that "Prior to Twerski I knew the vantage point of two decades of think you intuitively know the answer to strategy about how to answer that torts to be the breeding ground for experience and wisdom from which to but learn that you may not." question. He has an intuitive sense ambulance chasers but now I under­ reflect. There are many things he When asked to impart some about how to do legal scholarship." stand it as an intellectually stimulating admires about this school and that he words of wisdom to aspiring tort Beyond his personal experience area of law that ultimately sorts out thinks set it apart from other law lawyers, he emphasized the importance with Professor Twerski, Professor society's perceptions of right and schools, including the fact that of staying current with new scholarship. Sebok addressed Professor Twerski's wrong" "Everybody wants everybody else to He says "There's a perception that tort impact on tort law and products liability, Additionally, bey~nd the intel­ succeed. We take great pleasure in the lawyers don't need to master the law, and remarked that "Aaron and his co­ lectual aspects of understanding torts success of our colleagues and the suc­ that law will take care of itself." He reporter Jim Henderson played a crucial and using torts to reconsider many basic cess of our students. I love to come to notes major shifts in the field that are role in the 'normalization' of products assumptions about human nature, work everyday. " He notes that the taking place as a result of young emerg­ liability. Products liability was still a rela­ Stockman also admires Twerski for his emphasis on good teaching and the ing scholars and their work, Market tively new fi eld when they began to accessibility and engaging presence in enormous support from the deans Share Liability being one example. write about it. From the outset, exagger­ the classroom. He appreciates Twerski's enabled him to get so much accom­ Professor Twerski stresses that there is a ated claims were b eing made about inclination for focusing "on establishing plished during his time here (During his " .. .wonderful body of scholarship out products li ability from a variety of per­ a connection wi th each individual in the tenure at BLS, Professor Twerski co­ there that students must be tuned into - spectives. Many thought that strict liabil­ classroom, unafraid to leave the podium reported the Restatement and pub­ not . necessarily to become academics ity would finally take hold in American and circulate among the students," and li shed three books as well as literally but to become effective tort lawyers," tort law through products li ability, a erasing the vast gulf that often exists dozens of articles). and added this is all the more important development that some applauded and between the professor and his pupil. Clearly, tort law has inhabited a because "One thing you can be sure of some denounced. Aaron and Jim Stockman adds that "Twerski fosters a special place in Professor Twerski's life. is that in 50 years torts will not look like attacked the premise of the debate - relationship with his students akin to the He recalls that from the very first week it does today. " they cautioned against assuming that relationship a grandfather has with his in his torts class at Marquette University This appraisal may be due to his strict tiability was pervasive within prod­ inquisitive grandchildren." School of Law he knew he loved it, not own experience and impact on the ucts liabi li ty. They developed their posi­ Professo r Twerski himself least because it has such a "wonderful development of tort law, which has tion through a series of important arti­ leaves Brooklyn Law with extremely human dimension." He captured his undoubtedly helped direct and shape cles in the early '90's, and in doing so, fond sentiments regarding the law natural gravitation towards it when he fundamental aspects of the field, and, managed to reconceptualize products school he has taught in for nearly twen­ exclaimed that "No one can see a fee just as importantly, has left indelible liability as a close relative of negligence, ty years. He emphasizes that he' is n t I ihlpfe a]Js'o]ute but everyone can nder­ impressions on individuals with whjch ' thus providing it with a durable and "running away" from Brooklyn, merely stand a punch in the nose." has come into contact, colleagues and principled foundation." that he's been asked to be dean at Likewise, Professor Twerski students alike. However, beyond his Hofstra and it is a new challenge that he enjoys the process of teaching torts. He indomitable scholarship, Professor is ready to tackle. Actually, before an'iv- explains that it is fundamentally differ-

Letter to BLS Community on the Loan Repayment Assistance Program

Public Interest Attorney - Estimated Monthly Budget Approximate net income $2050 (based on $35,000 annual salary) Source: Cost of living approximations are drawn from Loan Repayment Assistance Average debt service - $ 950 (based on J 0 year repayment plan) $1100 Living expenses Programs: Overview, Fall 2002, Equal Justice Works. Incomes are drawn - $550 Rent* from Starting Salaries: What New Law $150 Utilities Graduates Earn, Class of2oo1, NALP. $125 Transportation • In many cases, rent is significantly $200 Food higher. especially in more expensive urban $75 Insurance areas. REMAINrNG $0

LRAP copies were sent to other members of Brooklyn Loan Assistance Student Taskforce Continued from p.1 the administration, the Sparer faculty, and the heads of all the organizations Home AOOutlRAP fAQ Support Resources

professional responsibility to provide who signed the letter. Accompanying it Sion the Petition! Sign the Petition legal services to those unable to pay." was the petition which had been signed Sign the petition in I support the 55,5 campaign •• • support of improv,ng E nsuring meaningful access to legal by many students in the BLS communi­ BlS's LRAPI As Brooklyn Law School students, we support jncreasing the total expenditure representation for those unable to pay ty. D ean Wexler responded to the letter per student in the school's Loan Repayment Assistance Program to $55,500 over Click here to sign up! is of paramount importance for the with a suggested meeting time which the life of the program, covering the full amount of the public interest students' federal loans. We sign this petition while keeping th~ following in mind: continued function of our society. It is the committee i anxio usly awaiting. At • We acknowledge Brooklyn Law SChool's long history of ass,sting those Contacts also OUf profe sional o bligation as the meeting, the hope is for a discussion committed to public int erest throuoh career services, faculty appointments, funding of summer work at public interest organizations If you are interested in lawyers. In order to live up to that of the possibility of expanding the pro­ and diverse course offerings. helping out, or have • We acknowledge that the school has constant budgetary constraints and any Questions, contact obligation we need to find a way gram as well as the possibility of target­ has attempted to financially assist all students b y keeping tuition any of the following: increases to a minimum, increasing financial aid expenaltures, and offering to ed fundraising to cover the cost of an Lynsey Heffernan bridge the gap between increa­ affordable hOUSing. Murphy sing law student debt and low public expanded program . The group expects • We also acknowledge, however, that only 2.0% of graduates in the d ass of 2003 entered the public Interest field, down from 3.9% 10 2002. Michelle Stem interest salarie . LRAPs at law school attendl'l '1ce by members of tlle adrninis­ • Additionally, while the average starting salary for pubhc interest Jobs in NYC IS $46,000, the median pubhc interest starting salary nationally,s a Kas Stolzman tration, as weU as a few facul ty mem­ mere $35,000 for recent graduates. are the first step in that ongoing • We also recognize that the school's current total commitment to the LRAP proces. For more in formation on bers, students who ha\-e been working program hovers around S80,000 annually, which IS eQu,valent to the tulbon rellenue from only ~ree of the nearly 1,500 students" enrolled 10 LRAP and the S55,500 campaign, \-.isit on this, and ~ome leaders of yarious ~­ . the law school each year. We· arereques 'ng an ''lcrease in fun d,ng eQuillalennrlhe tuition r enue of less than two add,tlonal students per http:// www. bl -Irap.org. dent organizations. LRAP at BLS update: Recently, a The LRAP website (www.bls-Irap.org) explains the organization's position in letter was sent to D ean \X'exler and depth, and allows students to sign the 55,5 Campaign Petition. https://brooklynworks.brooklaw.edu/justinian/vol2005/iss2/1https://brooklynworks.brooklaw.edu/justinian/vol2005/iss1/1 1010 April 2005 Brooklyn law School News Page 11 etet al.: al.: The The Justinian

SA·VE THE DATE!! . ra.ce jOcllCa.ta. ·· prospect park, 1>fooklyn

Brooklyn Law School Student Bar Association's First Annual

TUESDA V, MAV 17, 2005 Prospect Park start time 7:30 pm

Charity 5K race/walk $10 for students! All proceeds will be donated to Variety, The Children's Charity in memory of BLS' s Professor Barry Zaretsky

register online through www.brooklynsba.com

Prizes for Top 3 Male and Female runners and walkers, Top Team, .Top Student, Top Alumni, Top BLS faculty or adminis­ trator, Top Student Organization '

Watch for information on the after-party! Great networking with judges, firms and alumni! Drink and food specials! Celebrate the end of the year!

For more information, email [email protected]

Published by byBrooklynWorks, BrooklynWorks, 2005 2005 1111 Page 12 Brooklyn law School News April 2005 The TheJustinian, Justinian, Vol. Vol. 2005 2005 [2005], [2005], Iss. Iss. 1, Art. 2, Art.1 1

"Some States "Some States Do Not Grade Only Grade The Essays For The Essays Students With For Students Very High or With Moderate Low MBE Scores! * " MBE Scores! * "

MULTISTATE SPECIAL.IST The Nafion's Leading MBE Prep Course Since 1977 (800) 523-0777 • www.ptnbr.com

*Information provided by Susan M. Case, Director of Testing for the National Conference of Bar Examiners, in an article published in The Bar Examiner, November 2003 edition.

https://brooklynworks.brooklaw.edu/justinian/vol2005/iss2/1https://brooklynworks.brooklaw.edu/justinian/vol2005/iss1/1 1212