The H1N1 Flu Arrives at Santa Clara Law

School of Law Newspaper Since 1970 Volume 40 Issue 1 October 5, 2009 The H1N1 flu arrives at Santa Clara Law

Nick Peterson A vaccine is in production and stop the spread of disease. county as to whether they should stay Administrators suspect H1N1 flu has initial delivery is expected in mid- Should conditions worsen, Alex- open, said Assistant Dean for Student arrived on campus, and they are now October, Alexiou said. The first batch iou said they will evaluate the need Services Susan Erwin. The school has seeking to minimize proliferation of will be available only to health care to close public gathering places, like been working on an information cam- the highly contagious virus. workers and other high-risk groups. schools, on a case-by-case basis. paign stressing preventive measures. Three law students have reported More people will gain access as ship- “It really depends on how far and Experts encourage students with flu flu-like symptoms indicative of H1N1 ments continue. Until then, Alexiou how quickly it spreads and what the symptoms to isolate themselves until as of Sept. 23. The flu strain has been recommended getting a vaccine for the severity is,” Alexiou said. they haven’t had a fever for 24 hours. mild thus far, but public health offi- seasonal flu and stressed measures to Santa Clara is taking cues from the Furthermore, they recommend seeing cials are pushing measures to prevent a doctor only if symptoms become its spread in case the virus mutates to severe. become more pernicious. “Our hope is that if we remind you “People should be concerned,” enough times to be careful and do all said Joy Alexiou, Public Information of these preventive measures, maybe Officer for the Santa Clara County we can limit it a little bit,” Erwin said. Public Health Department. “I don’t Student need only notify Law Stu- think people need to overreact, but dent Services by e-mail if they must they should be concerned.” miss class because of the flu, and the The county has seen 136 hospi- office will then notify the students’ talizations and 8 deaths as of Sept. professors. Erwin said the provost has 23 thought to be a result of the virus. encouraged faculty to be lenient in Alexiou said she suspected the deaths their attendance standards and to con- occurred in cases involving underlying sider making course materials more available on the Web. health conditions. Lannie Nguyen contemplates beer pong and its bacterial dangers. See H1NI, page 3 FLY-ing above the rest riculum in the law-related education Lyndsey Eadler classes focuses on California crimi- If anyone needs confirmation that nal law that affects youth. Secondly, SCU Law students are involved in FLY reaches outside of the classroom their community, they need not look setting to connect youth and their any further than the 45 Santa Clara families with the social services they Law students who volunteer with the need, as well as provide direct men- Fresh Lifelines for Youth (FLY) pro- toring services to the youth. Finally, gram. Our fellow students, along with FLY is particularly attuned to the the many other volunteers and staff, input of the youth it serves. Indeed, The FLY program in action will serve over 3,000 youth across FLY was created directly based on the Santa Clara and San Mateo Counties suggestions of incarcerated youth. In nized by parents, prosecutors, judges, the law. In addition, 98 percent of this year. FLY is a nonprofit organi- 1997, Stanford law student, Christa school officials, and probation offi- the youth indicate that FLY provided zation serving the most marginalized Gannon, started volunteering at the cers. FLY has also received local and them with positive role models, while and underserved youth in our commu- Santa Clara County Juvenile Hall national recognition, including the 90 percent of youth with mentors re- nity. Its mission is to prevent juvenile where she taught incarcerated teens first Human Rights Award from the duced drug and alcohol use. FLY’s crime and incarceration through legal about the law. One afternoon, she City of San Jose Human Rights Com- astounding success is the result of its education, mentoring, and leadership asked the youth to create a program mission. efforts to develop youth competency training. that would prevent juvenile crime. Even more importantly, 89 percent skills as well as the life skills and FLY is unique in its approach to From this exercise, Christa developed of the youth involved in the program character needed to exit or avoid the solving the problems that juveniles the FLY program, and in June 2000, report that after being a part of FLY, criminal justice system, with the ulti- face. This uniqueness is rooted in a FLY became a nonprofit organization. they now plan ahead, make better mate goal of transforming the youth three-faceted program. First, the cur- The success of FLY has been recog- choices, and are less likely to break See FLY, page 4 2 / Letters The Advocate Volume 40, Issue 1, October EDITORS AND STAFF Autumnal Ick-quinox income by taxing those who would Immigrant health- like to purchase health care (even if Editor in Chief Dominic Dutra, Editor in Chief care excluded but they are here illegally), will we say Dominic Dutra no? Probably not. Will this affect me In this lovely season of runny directly? Sure! I do not want to pay noses, hacking coughs, and other not forgotten Managing Editor higher hospital fees. Does it mean IPBMs (inter-personal bacterial Camille Alfaro-Martell Nikki Corliss I would encourage turning people missiles), The Advocate is attacking While not everyone agrees about away based on their citizenship sta- the pandemic head-on by printing News Editor the immigration issue, this does not tus? Hell no. this issue on Purell-fortified paper. Nikki Corliss mean these people should automati- At the end of the day, there is no way to All joking aside, the onslought cally be categorized as second-class find all 12 million illegal immigrants of health center emails, flu kits Feature/Entertainment Editor human beings. They are still people and send them “home.” Americans in classrooms and germ-warning Daniel Zazueta and have the same concerns that ev- need not go out of their way and offer flyers are paralleling one of the eryone else does: work, children, free services, but maybe we should biggest domestic debates in ages. Editorial/Opinion Editor rent/mortgages, and survival. We accept the situation and resolve the Public healthcare, or not to public Tara King must consider the conditions they issue before us. There are more im- healthcare, that is the question. As were living in before. These people portant issues in the world occurring the right and left bludgeon each Circulation and Publicity Editor chose a more demanding life here everyday – and that is where I would other with “public option” and ‘no Shauvie Rogers over their home country. I consider rather focus my money. option’ plans, students battle their myself lucky to be a U.S. citizen, but colds in classrooms, as we increas- Staff Writers it was not something that I had any WhyClicker? ingly value our legal education, Recently, classes have been re- Adam Chastinger hand in. over our health (and just about quiring students to purchase iClick- Jason Tauches President Obama has drafted a sum- everything else). Those of us that mary of the health care plan, which ers to bring to class. Unfortunately, have been here a while know that these $40 harmonica-like devices Conributing Writers does not specifically address illegal struggle well, and have, over time, are not only expensive, but hardly Maddy Douglass immigrants or the plan’s effect on learned to find a relative balance. useful.With books that can cost a Camille Alfaro-Martell them. But for all of those fresh new faces student nearly $1,000, the last thing Jillian Allen ABC News’ Senior White House in Bannan, heed the examples of most people need is to be forced to Mark Andrus Correspondent analyzed the Aug. your forebearers and work on find- treat law school like a hard question Martin Behn 26th Congressional Research Ser- ing that balance. in “Who Wants To Be a Million- Lyndsey Eadler vice report entitled “Treatment of 1Ls, be weary of the first-semester aire.” While they may add value Peter Felton Non-Citizens in H.R. 3200.” Ac- burnout. It is true that the first year to the classroom experience, it is Nick Peterson cording to this report, some illegal is a bit of a race, but keep in mind immigrants who meet the substantial likely outweighed by the insanely that it’s more like a marathon, and large amount of money they waste. Contributing Editors presence test might be required to less like a sprint. When that burnout I would hope that a school that Robyn Morris purchase health care coverage. Also, starts to creep up on you, put down knows the cost of textbooks and tu- Marie Sobieski there are no restrictions on who can your books. Go hit the gym, watch participate (purchase) health care ex- ition very well, would understand some trashy television, drop some The Advocate is the student news and change. And, finally, the guarantee that forcing somebody to buy a de- literary publication of Santa Clara Uni- loan money on fall’s latest fashions, that subsidies do not go to illegal im- vice they will use sparingly doesn’t versity School of Law. All articles by the but don’t become a slave to your migrants relies entirely on the Health make very much sense. staff of The Advocate reflect the view- J.D. Minimizing stress will keep Commissioner’s ability to establish a point of the authors and not necessar- up your spirits and your health, and - Henry Schober ily that of Santa Clara University, The proper procedure to establish immi- will keep some fuel in the tank for gration status. Advocate or its editors. The Advocate is that post-Thanksgiving showdown. We Encourage Letters to the Ed- staffed exclusively by law students. This Perhaps President Obama is right To everone: save your classmates Issue has been printed by Fricke-Press of and this health care reform does not itor. If you have a strong opinion Union City, California. and sleep off your sickness at home. specifically apply to illegal immi- on anything you have read, don’t Think about your privilege to have grants. But, at the same time, will a hesitate to submit one. Letters The Advocate welcomes article sub- healthcare, and hope that for the hospital turn people away based on should not exceed 250 words, missions from all law students, faculty, rest of us it may become a right. citizenship? I highly doubt it. And and no anonymous submissions alumni, and administrators. Please con- Stay well, and go Niners. will be accepted. tact the Editor in Chief for submission if the government can earn more requirements and deadlines. The Advo- cate reserves the sole discretion to edit and publish articles. If interested in placing an advertisement, SECTION INDEX please contact the Editor in Chief.

Santa Clara University School of Law LETTERS : P. 2 FEATURES: P. 4-5 EDITORIALS: P. 7 500 El Camino Real, Santa Clara, CA 95053

Contact Dominic Dutra NEWS : P. 3 OPINIONS: P. 6 ENTERTAINMENT: P. 8 [email protected]

3 / News The Advocate Volume 40, Issue 1, October H1NI arrives at SCU Law Continued from page 1 She said a potential for abuse of the forgiving attendance policy exists, but noted that it would be ultimately disadvantageous to do so. “At the end of the year when we’re counseling students with really low GPAs, most of those students have had serious attendance issues,” Erwin said. “Attending class really does matter for how well you do in law school.” Nationally, over 21,000 cases of sus- Canadian example for U.S. Healthcare? pected H1N1 have been reported to the American College Health Association James Turner, president of the Adam Chastinger a couple days, not a couple months. for the week ending Sept. 18 among American College Health Associa- the colleges and universities they’ve President Obama’s proposed health- She mentioned that in Canada patients tion, said schools have had difficulty been monitoring. The highest activity care changes seem radical and ground- often must wait several months to see encouraging students to self-isolate has been in the state of Washington. breaking to most Americans. Jillian their family physician, that there is when they show symptoms. Allen, a candidate for an LLM in a 3 month wait for major non-emer- Intellectual Property, seems remark- gency surgeries, and that it takes even ably less surprised at the idea. Allen longer to see a specialist. Prescrip- hails from rural Nova Scotia, and re- tions only cost $5 apiece, though, and ceived her J.D. from a law school in in Canada she wouldn’t have to pay the capital of that Canadian province: a dime out of pocket for any of those Halifax. visits to the doctor or hospital. Canada has had healthcare subsi- Obama’s plan wouldn’t be as ex- dized by the federal government since pansive as the Canadian system. The the 1960s. Tommy Douglas started current objective, the much-maligned the program in Saskatchewan. It was “public option,” would create a gov- so successful in the provincial setting ernment-run healthcare plan that in- that the entire country opted to adopt dividuals and small businesses would Hijacked Russian Vessel Shrouded in Mystery the idea of government-sponsored be able to pay for. There would be healthcare. possible tax deductions for those not Peter Felton discovered that the Arctic Sea con- Canadian healthcare is funded by able to afford it. Whoever chose to do tained missiles headed for Iran and the national government through both so would be able to keep their current The Arctic Sea, a merchant vessel intercepted the vessel before it could income and tobacco taxes. Allen stat- coverage whether it came through cargo ship flying under the Maltese reach its destination. ed that buying a pack of cigarettes in their employer or not. flag, set sail on July 22nd, 2009. It Suspicions are fueled by the fact Canada could cost around $14. The Canadians, Allen said, have begun went missing between July 30th and that the Russian navy sent all of its justification for such a price, natu- to embrace private insurance. Hav- August 14th. The Arctic Sea was vessels in the Atlantic to investigate, rally, is that the government pays for ing a private insurance company al- traveling from Finland to Algeria, including three carriers, a frigate, and any adverse health-related effects lows Canadians to skip past the long manned by a Russian crew. It was al- two submarines. This seems like a lot of the cigarettes. Canadian income waits previously mentioned, and also legedly captured off the coast of Swe- of manpower for the Russian navy to taxes aren’t all that different from the covers vision and dental care. Much den by hijackers posing as Swedish use to find a boat that only contained income taxes we Americans pay— like Obama emphasized in his speech police on July 24th. On August 14th timber. Additionally, Israeli President they run about the same proportions to Congress, preventative care is both the lost ship reappeared near Cape Shimon Peres paid an unplanned visit as ours. funded and encouraged. Verde off the western coast of Africa, to Russia a day after the Arctic Sea’s Obama has made the assertion that One of the main downfalls of the and was seized by the Russian navy rescue. Curiously, the Russian navy his healthcare plan would not lead Canadian system seems to be the lack on August 17th. waited three weeks to send a search to any more taxes on Americans in of doctors in rural areas. Some prov- The real mystery lies with the miss- party. Mikhail Voitenko, who has lower income brackets. He stated in inces have taken to paying tuition ing cargo of the Arctic Sea. The ship covered numerous maritime incidents his recent speech to Congress that he for medical students who will agree contained $1.8 million worth of tim- and currently edits the Russian mari- wants to find money inside of the ex- to work in areas with a need for doc- ber, but some believe it also carried time journal Sovfrakht, believes that isting budget to pay for services. tors. That is a problem that doesn’t a much more precious cargo: missiles there is something unusual about the When Allen came to California this seem likely with the current health- intended for sale to Iran. Some be- hijacking, and that it was not a regular year, she was uninsured. She found care reform plans in the U.S., though. lieve the Russian government is try- incident of piracy. that paying out of pocket for a visit to Doctors will still be able to profit ing to cover up the plan going awry Many suspicious facts remain sur- the doctor was much less expensive from business the way they do now, by creating a false account of hijack- rounding the hijacking of the Arctic than she had anticipated, and was instead of receiving a fixed amount ing. Rumors have surfaced implicat- Sea, and those mysteries may never pleasantly surprised that she was able per patient from the government as in ing Mossad, the Isreali national in- be answered by the Russian govern- to schedule an appointment within Canada. telligence agency. Mossad may have ment. 4 / Feature The Advocate Volume 40, Issue 1, October people, you’d be past an area in 10 FLY-ing above the rest minutes,” says Stillman. “Now it takes the group 40 minutes or an hour Continued from Page 1 to pass an area.” The Bike Party humbly began two into positive community leaders. years ago this October when a group In addition to its focus on the youth, of fewer than 40 people crudely as- FLY also provides law students with sembled with the help of Craigslist the unique opportunity to embrace and word of mouth. their skills as lawyers-in-training. “It used to be just a couple of kids Law students of all levels are given planning out a ride. Now it’s huge,” the chance to teach youth about the says Stillman. law during one of the 13-week pro- Since the December 2008 ride, the grams. numbers began doubling every ride. Volunteer Jenni MacArthur, 2LE, Changing the South Bay’s car And with larger size, comes greater says “I love working with the youth. challenges. Trash, meeting points, It brightens my day to connect with culture one party at a time noise levels and rowdy cyclists are the youth each Thursday, and to teach them topics that directly affect their “San Jose is the largest city in Northern California, but we are hidden in the suburban just some of the recent issues the sprawl. It’s time to enjoy the South Bay, ride the streets, and make this place the active and 2,000-plus Bike Party faces. lives.” exciting city we want it to be.” “Luckily, we know all these con- New volunteer, Sage Kaveny, a 2L -San Jose Bike Party Mission Statement cerns,” assures Stilman. “We listen to transfer student, says “Even though I’m new to SCU, after hearing about Nikki Corliss to the local meeting place chosen them when they are brought up, and FLY, I knew I had to be a part of it. monthly by Bike Party volunteers. spend hours discussing these issues at I want to go into juvenile law and San Jose Bike Party (Bike Party) And then, the congregation: A crowd organizational meetings” thought this would be a unique op- reflects an antithesis to the South of over 2,000 riders, adorned in “It started as kind of an anar- portunity to apply my knowledge of Bay’s multi-highwayed, big-box flashing LED lights, street lamps chisitic activity,” laughs Stillman. the law while engaging the youth in store, chain-restaurant culture. shimmering upon their helmet tops. “We didn’t want any leaders, or roles. our community.” Students can also Every third Friday of the month, For this ride, many are participat- Now that is changing. We are learn- participate in the Mentoring program, thousands of bikers amass to ride ing in the August theme of “Gender ing how to respond to the media, and where they are matched with an in- the streets of the South Bay, yelling Bender” (complete with mustachioed to the community.” dividual youth in need of a positive “Bike Party!,” filling intersections, women in hot pants and heavy, Still, it’s hard not to feel like a adult role model. and stopping periodically for parking bearded men in Sunday dresses and wild hooligan howling “Bike Party!” SCU Law students have been vol- lot dance parties. gardening hats). into the warm night air. unteering with this outstanding pro- “We want to promote cycling as An air horn pierces the night air “I love yelling ‘bike party’ and gram since its formative days. Some a lifestyle,” says Sarah Stillman, a and whips up the bipedal hoard into a then having some kids nearby on students even stuck around to dedi- Bike Party volunteer organizer. This frenzy. Members of the unruly herd mountain bikes, or fixies, or cruisers, cate their lives to FLY and its mis- goal seems like a Herculean chal- declare “Bike Party!” as the cycling or a recumbent, yell it back,” says sion, such as Santa Clara Law gradu- lenge in a city with four different caravan commences onto Mission Stillman. ate Aila Malik, and now Associate freeways running through its epicen- College Boulevard. It’s the camaraderie more than Director of FLY. ter. At first the crowd moves slowly. anything that has allowed SJBP “I was lucky to find my calling On the way to Bike Party one is Attempting to funnel 2,000 riders to thrive and grow exponentially. as a 1L at SCU. . .I started volunteer- filled with fluttering anticipation as out of a large parking structure is not Stillman: “The main objective of ing for FLY and learned that my law rogue riders whiz past like blink- easy. bike party is building a community school education supplemented my ing red phantoms. The masses head “When [Bike Party] was 100 through bike riding.” To that we say, “Bravo!” ‘real learning’ from youth with a lot of life experience who had much to teach me,” says Aila. “I started work- The real world: Advice from SCU Law graduates ing for FLY during Law School, dur- Mark Andrus termine where we will go, we must as a noteworthy accomplishment. ing my 2L year, and have never left! first determine where we can go. To We attorneys become ambassadors of Whether studying law or entering illuminate the vast corridors of pos- Advocate: Although you have the legal system and we should never the legal profession, Santa Clara Law sibilities before us, I contacted three pursued a career in IP law and now overlook the fact that at our core, our alumni know that, like the law, we Santa Clara Law alumni to provide in-house counsel, how did your par- purpose is to empower others with must learn to adapt. With the com- insight on their roads less traveled. ticipation in the NCIP better prepare knowledge and help those in need.” mencement of another year, Santa you for your legal career in general? If you’re interested in volunteering Clara Law students anticipate the day Vince Cogan (‘05) currently works with FLY, it’s not too late! Contact they will begin their legal careers. as in-house counsel for Silicon Val- VC: Part of being an attorney is be- Skye DeLano at skye@flyprogram. Many of us now pursue a career path ley Bank Financial Group. Prior to ing an active participant in the com- org for more information about be- blazed by those who came before us. his current position, Vince was an munity and in society. The NCIP coming a volunteer, or talk to your And just as those who came before Intellectual Property staff attorney at helped me build perspective in my fellow law students about their expe- wondered, we also inquire: “What ESRI. And as a student, he singles professional life that I bring back to riences with the program. awaits us after all the time, money, out his participation in the Northern and sacrifice of law school?” To de- California Innocence Project (NCIP) See Lawyers Leading on Page 5 5 / Feature The Advocate Volume 40, Issue 1, October Review and served as a law clerk at Advocate: What suggestions do you Lawyers Leading VC: Be a business-focused IP attor- the Katharine and George Alexander have for current students debating Continued from Page 4 ney – know your business and learn Community Law Center. whether or not to start up their own my community. Cookie, Linda, and how to support business endeavors. practice? other Santa Clara professors rightly This takes more than understanding Advocate: How did participating on emphasize the importance of being the products of your business, it’s the SCU Law Review better prepare WC: Think very very carefully about involved in our communities; my understanding the entire business and you for the actual practice of law? it. Critically analyze your assets (i.e., work with the NCIP reminds me that your clients. Also, most importantly, network, skill sets, capital, etc.) and it is important that we, as lawyers, get to know and work with everyone WC: I gained greater technical legal what you want as far as short-term give back to my community and from the CEO to the folks in the research and writing experience, and long-term goals. Carefully con- those less fortunate through volun- mailroom – they will all help you which I used and still use in all of sider your work experience and your teerism and charity. along the way. my legal work experience. It also academic background. It’s a very expanded my professional network difficult decision to make because Advocate: What advice would you Wayne Chi (‘08) currently heads his and refined my communication skills the repercussions are serious. Once offer current law students interested own practice Wayne J. Chi, Attorney with colleagues—skills I still use in you decide to go for it, commit and in pursuing corporate IP careers? at Law. While a student, Wayne was dealing with opposing counsel. dedicate yourself 110%. Lead Symposium Editor of our Law Adam Birnbaum (‘09) is currently an intern at the International Criminal Meet Santa Clara Law’s new professors Court (ICC) in The Hague, Neth- Student Martin Behn gets to know SCU Law’s new professors beyond the classroom Philosophy, Politics, and Econom- erlands, and was a member of the ics. Ball is a graduate of Stanford Santa Clara Law International Moot Kyle Graham started this fall se- In the classroom, props, film Law School and a former clerk of the Court Team that took first place at mester as a new Assistant Professor references, role-playing, and the Honorable John T. Noonan, Jr. of the the Pace University School of Law’s at SCU Law. He teaches American occasional stuffed animal popularly U.S. Court of Appeals for the Ninth International Criminal Court Moot Legal History, Criminal Procedure, aid Graham’s teaching style. He Circuit. Competition earlier this year. and Torts. says that a large part of learning the Prior to entering the legal profes- During his undergraduate career law involves simple recall, and these sion, Ball was a comedian and actor Advocate: What are some of your at Stanford University, he interned simple props aid in recalling the in- in New York City. He worked with duties with the ICC? for a Caribbean travel magazine and The Pollyannas Improv Comedians Dateline NBC, working on the scath- in the East Village and acted in a AB: The ICC is divided into 3 cham- ing expose into Hooked on Phonics couple films. He wrote and directed bers (pre-trial, trial-chamber, and an and investigations into 1-800 num- the first movie to be distributed appeals chamber), and I am working bers. under the creative commons license, with a judge in the appeals cham- After graduating from Stanford, “Honey.” ber. It’s very similar to a judicial Graham worked as a National Park On a more serious note, Ball clerk back home. It requires a lot Service ranger in Jewel Cave Nation- started an interfaith organization in of research, and rather than working al Monument, South Dakota. To add the New York Muslim community with one state, you’re working with to his outdoor credentials, Graham following the terrorist attacks on several countries. It’s hard work, but is an avid hiker and backpacker. He Professor Graham September 11, 2001. He focused on very rewarding. also enjoys baseball and photogra- organizing strategies within the Mus- phy, which will become apparent if lim community to address intoler- Advocate: What advice would you you visit his office. formation. ance toward Islam. give current students pursuing inter- Graham is a graduate of Yale Law David Ball is another new As- Currently married with children, national law? School, where he started a student sistant Professor at SCU Law who Ball says that raising two children, newspaper on campus. The paper’s started this fall. He teaches the fol- teaching, conducting research, and AB: The biggest problem a law stu- mainstay was a spicy gossip col- lowing courses: The Prison System, coaching his son’s T-Ball team, gives dent faces when they want to learn umn, which was quickly disliked by Islamic Law, and Criminal Law. His him a very full life. about international law is that we administrators. Unfortunately, the main scholarly interests are sentenc- He describes his teaching style as only learn the common law system. paper quickly folded after he gradu- ing, corrections, and the intersec- “animated with jokes,” but he also Many attorneys don’t realize com- ated. tion of mental illness and criminal looks to challenge students the way mon law is not the dominant legal After law school, Graham went justice. He is no stranger to SCU his law professors challenged him. system in the world. Familiarize on to work as a staff attorney for As- Law, however, having taught courses yourself with the main civil law sys- sociate Justice Carlos Moreno of the entitled California Prison System tems in the world so you can at least California Supreme Court, as an as- and Introduction to Islamic Law as a discuss them casually. Take a com- sociate with the law firm of Gibson, Social Justice Teaching Fellow dur- parative law seminar. Also, don’t be Dunn & Crutcher LLP, and as a law ing the 2007-2008 academic year. shy about submitting applications clerk for United States District Court Ball was a Morehead Scholar at for international internships. Santa Judge William Alsup. the University of North Carolina- Clara Law School has a good name Graham spent three years as Chapel Hill, where he earned an un- in international public law. Few law Deputy District Attorney in Mono dergraduate degree in 1992, and then schools in America that are known County, California prior to coming to a Rhodes Scholar at Trinity Col- Professor Ball internationally, but many internation- Santa Clara. lege, Oxford. At Oxford, he studied al lawyers are familiar with SCU. 6 / Opinions The Advocate Volume 40, Issue 1, October A Legacy of Dirty Laundry Tara Kathleen King served in the House of Represen- tatives for 11 years before he was What do President Bill Clinton, implicated in 2006 for a scandal in- Mark Foley, Larry Craig, John Ed- volving minor-age boys. Foley was wards, and now Michael Duvall all accused of sending emails and instant have in common? A legacy of dirty messages soliciting former Congres- laundry. Not only were all of these sional male pages for sex. Larry men at one time well-known public Craig, a senator from Idaho, served in officials, but they were also all impli- the Congress for 18 years. In 2007 cated in sordid sex scandals. he was arrested for lewd conduct in Years from now, no one may re- a men’s restroom at the Minneapolis- member that President Bill Clinton St. Paul International Airport. Both was responsible for signing the Fam- Foley and Craig retired soon after the ily Medical Leave Act of 1993 that al- scandals. Monica and Bill had some seriously dirty laundry lowed employees to take unpaid leave In August 2008, former Demo- from work for pregnancy or serious cratic Vice-President nominee, Sena- this, is that so many of these corrupt he is married with children, but he medical conditions. No one may re- tor John Edwards, admitted to having politicians are considered “champi- was also considered a crusader for member him for saying the famous an extramarital affair with a former ons” of family values. The irony of “family values.” Obviously Duvall words: “There is nothing wrong with campaign worker, Rielle Hunter. Ed- catching these men with their pants could use his own lesson in family America that cannot be cured by what wards has denied being the father of around their ankles is inescapable. values. In addition, the controversy is right with America.” However, you her child. All the while during the af- Michael Duvall is a classic exam- raises questions about his fitness for can be sure that in the distant future fair, Edwards’ wife was campaigning ple. Just recently Duvall accidentally public service. Duvall is a member someone will snicker over his now in- for his Vice-Presidency while strug- revealed the intimate details of his of California’s Utility and Commerce famous extramarital affair with White gling with breast cancer. extramarital activities. Duvall was committee. According to reports, he House intern, Monica Lewinsky. It seems like every time I turn talking to a fellow committee mem- was having an affair with Heidi De- Mark Foley and Larry Craig have on the news another politician is in- ber about two of his affairs while his Jong Barsuglia, a lobbyist for an en- also left behind a tainted legacy. Fol- volved in a new public disgrace. One microphone was live. Duvall’s be- ergy company. ey, a Representative from Florida, thing that disturbs me the most about havior is not only distasteful because The increasing immorality and corruption in politics is disturbing on many levels. First, these sex scan- Washington Monthly to Create New School Ranking System dals decrease public confidence in the Nikki Corliss ing the new ratings system. In addition to the Center, Profes- political system. Politicians granting The new system aims to show not sors are also contributing to the Santa lobbyists paramours special favors Every year, US News and World just what colleges can do for you, but Clara legal community. “Sixty-five hardly seems like a democratic way Report ranks the top American uni- what colleges are doing for your com- to seventy percent of law professors of making decisions. In addition, I versities, graduate schools, and even munity. In doing so, the Washington are engaged in public interest, social am horrified by the idea that -politi high schools. If you are curious, San- Monthly compiled data on three ma- justice work through classroom re- cians with such skewed moral com- ta Clara University School of Law oc- jor categories: social mobility, research, pro bono activities, and the passes are running the show in rela- cupies position 85 on the charts (but search, and service. And, while the like,” says Moss-West. tion to health care, education, and eighth for IP law). Exactly what do Monthly didn’t rate law schools, this So, with Santa Clara Universi- national affairs. In addition, it makes these ratings really measure? type of rating system seems incred- ty School of Law’s rich program in me wonder how many times these Last June two prominent universi- ibly important for a profession that social justice, a new rating system politicians have put the public’s need ties were caught doctoring their rat- purports to serve the public good. based on serving the community below their own. ings to gain a higher spot on US News’ Deborah Moss-West, the Assis- seems promising. But, even this pro- I am tired of being let down by our yearly ranking system. Newspaper tant Director at the Center for Social posed ranking method only provides public “servants.” Every new sex or investigations revealed that Clem- Justice and Public Service hopes the a quick snapshot of a law school. corruption scandal brings me closer son University and the University of Monthly’s new ranking system will Professor of Law, and Director to losing my faith in the democratic Florida scored themselves alongside make it to the graduate level one day. of the Center for Social Justice and system. Although I know that I alone the Ivies, through a reputational sur- Santa Clara Law’s social justice pro- Public Service, Stephanie Wildman, may not be able to change the fate of vey that provided the basis for some gram is ranked highly compared to warns about the incomplete snapshot this nation, I do believe in the words of the ratings. other schools. that ranking systems provide: “But of Margaret Mead who said: “Never Perhaps a new ranking system is “The Center tries to instill a sense then I find rankings very mislead- doubt that a small group of thought- in order. of social justice and public service ing.† Even the E-guide [Newsweek’s ful, committed citizens can change This Fall, the Washington Month- in all activities of the law school,” law school ranking approach], which the world. Indeed, it is the only thing ly introduced exactly that - a new Moss-West says. Every Thursday, seeks to emphasize public service that ever has.” Each one of us is re- method of scoring the nation’s uni- the Center brings in speakers from in law schools, contains a number sponsible for the fate of our country. versities. “We just need rankings around the area to meet with groups of search questions that lead to mis- Each one of us has a duty to make that create incentives for presidents and individuals. “That way,” Moss- leading impressions.† I would advise this world a better, more compassion- to actually improve their institutions, West notes, “social justice comes anyone seeking a school to think ate place. All I can say is that I will rather than pretend to,” the periodical alive for students beyond just reading about their own educational goals do my part. And, I hope, you will do said in a September article introduc- about it.” and how the school matches up.” yours. 7 / Editorials The Advocate Volume 40, Issue 1, October

we keep going until we get to the bottom of the list. Index is the only criteria THE RUMOR MILL that we use. Susan Erwin, Dean of Student Services Heard a good rumor lately? Email me – [email protected]. Dear Rumor Mill, As I sit here in my 10 pm Law of Sidewalk Repair Letter to Congressman Joe Wilson class, I can’t help but wonder why I keep getting such terrible registration appointments. Did I some- After I heard Congressman Joe Wilson (R-South Carolina) yell out “you how offend the system manager? Maybe I cut her lie!” during President Obama’s speech to a joint session of Congress a few off one day while driving on campus? Do you ac- weeks ago, I wanted to open up a dialogue with the University of South cept bribes? Chocolates?? Carolina School of Law, Wilson’s alma mater, to discuss thea decline in of - Last Appointment Leslie civility and decorum in the legal profession. I sent the following letter to the school’s Dean Walter Pratt. at University of South Carolina School of Law. Dear Leslie, Of course, I do not blame USC School of Law for Congressman Wilson’s Appointments are randomized by the computer and you, apparently, have conduct. However, I just thought it would be appropriate to reach out to been unlucky. Students register according to their year in law school and USC School of Law to talk about what we can do as students, professors, and their division (we let part timers register first because they have a harder lawyers to maintain civility in our courtrooms and legislatures. To date, we time scheduling around work commitments). We have been trying for many have received no answer to this letter; however, The Advocate looks forward years to implement other procedures to assist you unlucky ones. We had to printing any response from Dean Pratt. hoped to be able to institute a dual-appointment system in the spring to Dear Dean Pratt, allow you all to get at least a couple of classes that you wanted. Unfortu- My name is Daniel Zazueta, and I am a third-year law student at Santa nately, the program to assign the dual appointments in PeopleSoft still isn’t Clara University School of Law in California. I am writing this letter in re- working and the university isn’t going to be able to make it work for spring sponse to Congressman Joe Wilson’s (‘72) outburst during President Barack registration. Maybe for the fall . . . . Obama’s address to a joint session of Congress on Sept. 9th, 2009. Please So, my registration advice is: understand I write this letter as an independent law student and not as a a. Register right at your appointment date and time (don’t wait), representative of my law school. Further, I am certain University of South b. Get the best schedule you can (be prepared with plan A, and B, and C), Carolina School of Law does not condone Wilson’s conduct, nor does it de- c. Put yourself on waitlists for everything else serve to be held responsible for his outburst. d. And . . . if your schedule is absolutely horrible come see me. In recent years, the level of civility in the courtroom has suffered an im- We do a really good job of clearing waitlists and will work with you to try measurable decline. See e.g., John Freeman, Ethics Watch: Uncivil Equals to create a schedule that works for you. Unethical, 15 S. Carolina Lawyer 9 (2004). “The health of a profession is reflected in the quality of its learned discourse, including its consideration Dear Rumor Mill, about its own mission and ethics.” William J. Wernz, Does Professionalism Some students in my Torts class were talking about a special one week Literature Idealize the Past and Over-rate Civility? Is Zeal a Vice or a Car- first year class. I never got the email! Your email system sucks! What dinal Virtue?, 13 ABA Prof. Law. 1 (2001) (analyzing an article by Allen K. gives??? Harris and published by USC School of Law – 53 S.C. L. Rev. 549 (2002)). - Grumpy G-Mail Guy The competitive nature of the profession combined with a lack of proper training fosters an atmosphere of resentment and disrespect among lawyers. Dear Grumpy, I look forward to practicing law in a year’s time. I refuse, however, to treat We send official notices to your SCU email account. Once sent, you are opposing counsel, an adversary, or anyone with whom I disagree with any officially notified. If you choose not to read your GroupWise email, or for- less respect than I would hope to be given in return. What can we do as stu- ward your email to your g-mail account, or are one of those who stand in dents, professors, and lawyers to ensure that practitioners treat one another the lounge and proclaim loudly “I delete everything that I get from the Law with civility while pursuing zealous advocacy for a client? School” . . . you do so at your own risk. Information will be coming soon Joe Wilson’s outburst was not only disrespectful and unparliamentary, on how to register for this one-week class which will be offered the week it was also a sign of the times. Although it occurredwas during a joint before Spring starts. Stay tuned to your SCU email . . . session of Congress, it speaks to a deterioration of the legal profession and a disregard for proper debate. If we do not expect members of Congress Dear Rumor Mill, (who also happen to be officers of the court) to abide by simple rules of I think I overheard my LARAW professor telling another prof that she got decorum, how do we expect to maintain professionalism in the practice of all the smart student this year. Now I’m terrified!! Please don’t tell me that law? Of course, we all make mistakes. Even though Wilson apologized for you put me in a section with all the brilliant kids! I’m doomed!! I’m gonna his remark, we can all learn from his mistake. I hope University of South flunk out!!! HELP! CarolinaUSC School of Law takes this opportunity to use the behavior of - 151 LSAT its alumnus as a teaching point.; I know I will encourage my school to do the same. Being a lawyer is an honorable career, and it is one I am proud Dear 151, to pursue. It is my sincere hope that this letter will not be offensive and that First let me say that we don’t have ANY students at this school that aren’t we (as students, professors, and lawyers) may be able to work together to brilliant, capable and amazing! This rumor flies every year. Either you preserve our noble and principled profession. are mistakenly put in the smart group or the slow group or the left-handed group or the brown-haired group . . . . LSS takes the list of incoming stu- Very Truly Yours, dents, ranks it by index score (combination of LSAT and GPA), and then we Daniel Zazueta start at the top and count you off (section 1, section 2, section 3 . . .) and 8 / Entertainment The Advocate Volume 40, Issue 1, October

rels (DBAGS). General Squirrel L. The legal limit: balancing DeNutt, commander of the DBAGS, issued a notice of exclusion and booze and bookwork removal to all Black Squirrels. The Maddy Douglass notice prohibits Black Squirrels from usually don’t order a gigantic virgin leaving the limits of Campus Area “I just turned in my advocacy brief.” margarita. This is fine – we are re- No. 1. “I don’t have class tomorrow.” sponsible, we are adults. It is legal Fred Korematsquirrel (pictured “It’s Thursday night. We always go and it is a valid choice. left) decided to evade evacuation out on Thursdays.” But bar review events are the most Gray squirrel’s death by migrating to an oak tree in Los publicized school-wide events. Wine I went out last night. There were in- prompts racial tensions Gatos. He even tried to lighten his numerable reasons why. OK, maybe and cheese events are the typical net- fur by rolling in chalk dust. The there were only three. And, clearly, working shindig, and even the ori- Dan Zazueta disguise did not work. He was they were well-founded in reason and entation mixer had a cash bar. While Many of you have seen the emer- picked up in front of Stuft Pizza on maturity. Normally, this would not be people may disregard the administra- gence of a melanistic variety of the Thursday after being recognized as a a problem. It would not be an issue tion’s multiple emails during finals Gray Squirrel around campus. Some Black Squirrel. He vows to fight this for students to go out, and dance, and reminding us about responsible drink- Gray Squirrels have been alarmed at injustice. debate karaoke options, and have a ing, the fact that they had to send an the recent spike in the Black Squirrel Mr. Korematsquirrel met with The gin and tonic. Or two. email reminding us as a student body population. Advocate to discuss his situation. Except for the fourth, unspoken, de- not to drink in Bannan, is somewhat After a Gray Squirrel was found He desperately needs representation batably unmentionable reason: “Be- questionable. dead outside the Heafey Law Li- and requested we run this article to cause it’s what we do.” So where is the balance? Going to a brary last week, Gray Squirrels appeal to Santa Clara Law students According to my highly reliable In- bar and not drinking draws attention. came together to form the Defense who may be able to help. More to ternet sources, the national average But what about attending an event Bureau Association of Gray Squir- come on this story as it develops. for alcohol abuse is nine percent of where drinking is not even an option? the population. The number of attor- If there is not the promise of at least neys who abuse alcohol in some fash- wine coolers, people are not as apt to Discovering the L.L.M.s ion is about 30 percent of the lawyer show up. It seems that the majority of population. The “work hard, play people reserve their free time for op- Jillian Allen hard” adage seems pertinent here– portunities to “go big or go home.” ing their marketability to law firms. but when did the “play” part become There is something I left out about The question most often posed to Also, in this category are those who so seemingly self-imposed? Or more my Thursday night: I had just turned myself as a current LL.M is: may have already been practicing seriously, why does alcohol play such in my advocacy paper, and in com- “What in the @$#% is an LL.M.?” law for a few years and decide that a prevalent role in the socializing and pleting it, I had only gotten two hours Ok, maybe not quite like that…but they want to change practice areas, networking aspects of the legal pro- of sleep. After I handed it over, what you get my point. for example, from a general practice fession? did I do? I went home. I ate nachos. I This year at SCU, there are 47 to one specializing in IP. At bars, once you pass the magic age watched the premiere of MTV’s “The students enrolled in the LL.M. pro- The LL.M. program allows of 21, your drink choices are broad- Ruins” (no, really, it is good). Then I gram, hence the need for an intro- LL.M.s two years to complete the cast to your peers. Drinks come in went out. A friend asked me, “don’t duction. The breakdown of LL.M.s degree, however, many choose to shiny glasses (booze) or clear plas- you want to get some sleep?” Honest- regarding their concentrations are as complete it within one year. The tic cups (diet coke). Realistically, it ly? Not really. I wanted to go out and follows: possibility to complete it over two is easy to forget that there are people celebrate with my friends. And some- 21 students are currently enrolled years is particularly attractive to who choose not to drink. When peo- how, going to a movie wasn’t going in the LL.M. IP program, those are currently working or have ple go to Chevy’s after a final, they to cut it. 2 students in the LL.M. Interna- family obligations. tional and Comparative Law pro- The LL.M.s here at Santa Clara gram, and also have their own program man- 24 students in the LL.M. United ager, Matthew Cox, who can often States Law program. be found in his office on the third More generally, LL.M.s fall into floor of Bannan Hall. Matthew has two groups, domestic and inter- proven to be a valuable asset to the national, depending on where the LL.M.s, not only through his punc- student received their law degree. tual responses to questions, but also This distinction may not appear sig- in his effort to promote the solidarity nificant, yet there are some different of the LL.M.s by organizing various requirements placed on international field trips and socials and generally LL.M.s to meet the California Bar’s promoting the SCU community to eligibility requirements. the LL.M.s and vice versa. Reasons for pursuing an LL.M LL.M. Naoko Kumada from Ja- vary from person to person. For pan describes her experience: “I am some, an LL.M. is the first step along very happy I came here, Santa Clara the path to academia, for example, University takes good care of its those who want to be a law profes- students. Besides classes, the work- sor. For others, it’s a way of increas- shops are very helpful.”