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Res Gestae Law School History and Publications

2003 Vol. 53, No. 8, February 11, 2003 University of Michigan Law School

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STuDENT NEWSPAPER oF ruE UNIVERSITY OF MICHIGAN LAw ScHOOL

February 11, 2003 �.._ $>ince 1950 Vol. 53 No.8 Welcome to My World: A Chat With Dean Sarah Zearfoss he meeting began with a climb that the staff has read last night for me normal to me, to have ongoing conversa­ up to the third floor of 726 Oak that I now have to go back and read! But tions with those people. Once I've read land. "Watch your head on the I never get a chance to read files during someone's file and I want to admit them, low-lying 'EXIT sign," she said as her in- the day; it requires too much sustained I really feel like I know them. terviewers approached her office. Inside concentration, and I don't have the Q: With what other people do you cor- this office is where Sarah C. respond? Zearfoss, Assistant Dean of Ad- .------.....,.------,A: There will be e-mails from missions, signs those coveted let- people who are utter strangers, ters offering a place at the Univer- saying, "can you check on the sta- sity of Michigan Law School. tus of my file," when they will She knows the joy of receiving have applied only two weeks be- one of those letters, for Zearfoss fore. I always respond to every graduated from the law school. e-mail, but that can get a little She clerked in the 6th Circuit and frustrating at times. So I do a lot then worked in private practice in of that, and a lot of correspond- Detroit. She still does pro bono ing with recommenders who work on the side. Before adrnis- contact me or with faculty who sions, Zearfoss worked as a clerk- say this person's applying or that ship advisor in the Office of Ca- person's applying. And now, at reer Services. this time of the year, in addition The RG had the pleasure of sit- to those kind of inquiries, we get ting down with Dean Zearfoss for admitted students who want to the following chat. come visit the school and they'll Q: Tell us about what your ask, ''I'd really like to visit some typical day is like. people from my alma mater, do A: Things are busy, especially you have any current students." this time of year. We have anum- So I send three e-mails to current ber of people who read files, in- students saying, "can you talk to eluding me. Every night I read them?" There's a lot of stuff that files, and then every morning I comes in which isn't necessary COme in and I have a stack of ad- DEAN ZEARFOSS DISPLAYS HOW ADMISSIONS thatI handle, but I don't believe mi ts, denieS, Wait!ists, and APPLICATIONS LIKE THOSE NEXT TO HER STACK UP. inSending it to SOmeone else. holds (people we can't make up our mind chunks of time during a typical day to Q: What is it that makes you enthusi- about). I come in and I distribute those allow for that. So after we distribute the astic about a candidate? files to theappropriate people on my staff files I take a look at the e-mails from the and I tromp up through the office to find students. Sometimes they will be people that there are more files waiting for me we've admitted, and so that feels quite Continued on Page 10 l\es ®es tae 11 jfebruarp 2003 3Res �estae Searching for the Muse By Andy Daly Editor in Chief Andy Daly s the Ann Arbor winter grinds Second, I took myself on a date. More along in its daily quest for the accurately, I stayed in and watched a Managing Editor: perfect shade of gray, I've movie. I decided to forgo an evening of Nick Janiga struggled to find the vein of inspiration flipping channels and numbing my brain, that sustained me through the last three and having temporarily suspended my Executive Editor: semesters. It has not been a case of lack general distaste for all things George John Fedynsky of enthusiasm or energy so much as it has Clooney, I rented "0 Brother, Where Art been a loss of focus, easily distracted by Thou?" on DVD. I was floored. What an Contributing Editors: anything that does not resemble a text­ absolutely magnificent piece of art that book. While I have commiserated with movie is. The Coen brothers' adaptation Steve Boender, Andrew Cattell, my friends, I have found little comfort in of Homer's Odyssey set in Depression Era Sharon Ceresnie, Marc Edelman, the oft-repeated "You have a job, what do Mississippi was just what the doctor or­ Jessie Grodstein, Sara Klettke, you care?" or "It's the weather getting to dered. D.C. Lee you." I was convinced that something deeper was undermining my efforts. The film provoked me to think and to Web Site Editor: stir the dust off of those parts of my mind Jacob Teidt In search of an answer, I turned to my that my high school English teacher father. As succinct as I am verbose, he helped me discover a decade ago. With Artist: simply told me to get out of my apart­ those long neglected brain cells revived, Philip Weintraub ment. "Go to the museum" he said in his I found the hunger again, for now. It re­ gruff, no-nonsense tone, "Take advantage mains to be seen how long it will last. My Cartoonist: of that campus." I met him halfway. point in sharing this story, I suppose, is Marshall Seese, Jr. to lend some help to those who may be I did two things, actually. First, I took a feeling the way l have been. Put the books Res Gestae is published biweekly during the school year by students of the University of stroll down to Crisler Arena to take in my down and go to the museum, go listen to Michigan Law School. Opinions expressed in first Michigan basketball game. Having some music. Remember the arts, you bylined articles are those of the authors and do not been to an athletic event in an embar­ never know what they might help you not necessarily represent the opinions of the rassingly long time, I felt refreshed watch­ editorial staff. Articlesmay be reprinted with­ find. out permission, provided that the author and Res ing the Wolverines win and listening to Gestae are credited and notified. the band and the crowd and being around people instead of books or the television. Res Gestae welcomes submissions. Please place all articles. columns, or opinion pieces in the Res Gestae pendaflex located on the third floor of Hutchins Hall across from the faculty mailroom. Submissions may be made on 3.5" disk or via email (preferably as a MS Word at­ tachment). Res Gestae reserves the right to edit all submissions in the interest of space.

Mailing address: Res Gestae University of Michigan Law School 625 South State St. Ann Arbor, Ml 48109 Phone: (734) 936-2574

Web Site Address: http://www.law.umich.edu/ JournalsandOrgs/rg/ Office· 116 Legal Research (near the Law School Student Senate office)

[email protected] DISCUSSES CHRISTIANITY AND THE LAW" ON TUESDAY, JANUARY 28 IN RooM 150 HUTCHINS HALL THE JEWISH LAW STUDENTS ASSOCIATION SPONSORED THE EVENT AND PROVIDED A DELI LUNOi. ------111 3B.es �es tae 11 jfebruarp2003 Game On, Eh? Yost Ice Arena: College hockey at its best By3J John Fedynsky recently had the immense plea poor visiting goalie. When he takes off his sure of seeing my first Michigan mask between plays to, say, get a drink of hockey game at Yost Ice Arena. water, the fans pounce, screaming, "Ugly Even if hockey is not your game, Yost is goalie!" (If visiting fans - often players' your arena. Only about 6,600 spectators parents - get up to cheer, the fans yell, crowd into the place, so you are sure to "Ugly parents!") When the Wolverines have a good view wherever you are. The score, the fans repeatedly call the goalie setting is intimate and that is good, ex­ "sieve" (at first, I thought the dude's name cept perhaps when you trip over fellow was "Sid") and gleefully cry, "it's all your fans on the way to your seat. The bulk of fault, it's all your fault, it's all your fault." ents in the shape of, you guessed it, a bea­ the seating is bleacher style and the When the visiting team kills offa pen­ ver tail. The origin is Canadian. There are benches are not far apart at all. alty and the announcersays that they are a variety of toppings- sweet (cinnamon, The building, built in 1923, was origi­ back at full strength, the crowd yells, chocolate and an assortment of fruit) and nally called Yost Field House, after "They still suck!" ("Suck" gets thrown not (garlic, butter and cheese, etc.; I went Michigan's legendary football coach and around a lot - especially at the visiting with apple-mmm,tasty). Think elephant athletic director, Fielding H. Yost. It goalie). If a phone rings, the goalie is told ear funnel cake meets Boboli. They have housed track and basketball events and that his mom called to say that he sucks. a web site too h.tl.p.il served as a practice facility for www. beavertailsinc.com other varsity sports. In 1973, the Initially, I complained that I hockey team moved in and the Comparisons to Duke's Cameron could not get a cold beer in the arena. But when I walked around name became Yo st Ice Arena. Indoor Stadium are inevitable: two The architecture of the building the concession area during the bleeds heritage- from the brick old, intimate venues that are home to second intermission and saw po­ lice administering a breathalyzer exterior to the barnburner inte­ consistently competitive teams and rior, where banners and trophies on what appeared to be an under­ galore reflect a proud program. raucous, intimidating crowds. ager who snuck in booze, I The crowd definitely makes thought twice. Though I'm legal, the place a barnburner. Com­ the buzz ain't worth risking heat parisons to Duke's Cameron Indoor Sta­ Finally, there's the long string of incoher­ from the fuzz. dium are inevitable: two old, intimate ent slurs that are slung at a visiting player So I imbibed the atmosphere and the venues that are home to consistently when he enters the penalty box. For a look game instead. The game itself was enter­ competitive teams and raucous, intimi­ at this chant and others, go to h.tn2il taining. Ferris State, the surprise leader dating crowds. "Home ice advantage" www-personal.engin. umich.edu I in the league was in town for the first half only begins to describe the electric atmo­ -shead Ichants.html It was not until I of a home and home series. U of M was sphere. glanced at this web site that I realized ex­ in second and could tie for first if they Before thegame started, the ice seemed actly what was being said about the pe­ swept the series. The Wolverines rallied empty, yet the crowd erupted in boos. nalized player. By way of update, the from a two-goal deficit in the first period. Reason: the referees skated onto the ice. word "slut" is missing from the web site's The game went back and forth, but U of The officials are met with jeers at the be­ version of this chant. A season ticket­ M won the shoot-out in the end 6-4 thanks ginning of all three periods. Then the holder told me that a new word seems to partly to an amazing, diving assist that band started playing and the whole place get added every season. created a breakaway goal that sealed the stood up and started clapping in unison. Another reason to like Yost is the con­ win. A smattering of big physical play - The decibel level swelled beyond what I cessions. The prices are reasonable, and, big checks and some serums, but no fisti­ thought 6,600 people could achieve. unlike in larger stadiums, you can do a cuffs like in the NHL- made for one hell The visiting team catches the brunt of quick loop to see all that is offered before of a first impression. Any Wolverine the legendary chants. It starts with an you decide what to buy. I went with a $3 could fall in love with the place. emphatic "Who cares!" after each visit­ beaver tail - a hot pastry made from Get thee to Yo st Ice Arena, post haste! ing player is announced. Then there's the whole wheat and other natural ingredi- * I!4 � �es @e .stae 11 jfebruarp2003 l1-l------Criminal Law Society Offers Candid Advice on Career Planning By Sharon Ceresnie

HE CRIMINAL LAW Society, on Mike Boyce, 2L. "Once you show them to figure out if you can handle that on a January 29, held a career panel that you can write, you can get great writ­ day to day basis." for students interested in work­ ing experience." While the Board varied on whether ing in criminal law during the summer Depending on which state you choose they wanted to pursue a career in crimi­ and after law school. Executive board to work in, a law student can also get nal law or whether they simply wished members Mike Brown, Mike Boyce, Andy courtroom experience. The State of Michi­ to take their experiences over the sum­ Daly, Paul Hood and Jake Harrell dis­ gan, for example, allows students with mer and apply them in a different area of cussed their experiences working on both one year of law school to appear on the the law, all of them said that their crimi­ defense and prosecution, lending their record and argue in court. When Harrell nal law experiences were very valuable. advice on finding criminal law jobs and worked for the Washtenaw County Pub­ If you are interested in pursuing a sum­ getting the most out of those jobs once lic Defender's office last summer, he was mer job in criminal law, the members of there. able to get a lot of real life courtroom ex­ the Criminal Law Society are willing to When much of the buzz around the law perience. "There's a real value to being give you their advice. The Career Services school is what law firm you will work for in the courtroom," said Paul Hood, 3L. officealso provides directories for County during the summer, the Criminal Law Examples of the types of cases that Prosecutor's Offices and other criminal Society was aimed at providing informa­ Board members talked about included career opportunities. The best thing to do, tion on how to pursue an equally reward­ serial killer prosecutions, child molesta­ said Mike Boyce, is to contact an office ing and exciting career alternative. "These tion cases, drug crimes, in addition to a that you are interested in working at and jobs are pretty laid back," said 2L Andy lot of other types of cases that many of us letting them know how interested you are Daly, who worked at the State's Attorney would never expect to come across in in working for them. "Most places will Office in Harford, Connecticut last sum­ everyday life. be grateful to have a student from UM mer. But that's part of what Harrell noted Law," said Daly. Hood stressed that you Jake Harrell, 2L, stressed that experi­ as the hardest part about working in the should find out from other people who ence in criminal law is useful no matter criminal law. Someone who is interested have worked in the office what type of what you do. "Just to be an informed citi­ in criminal law should definitely get some training and experience because every zen, you have to see this part of the experience over the summer so that he office varies. No matter what you choose world," he said. or she can figureout if they can handle it to do, however, the Board advised to pre­ Criminal law jobs vary, explained the emotionally, said Harrell. "You are deal­ pare yourself for a very interesting, chal­ members of the board. You can make ing with the miserable side of human ex­ lenging and worthwhile experience. what you want out of these jobs, said istence," said Andy Daly, "and you need � civil rights practice, also spoke about their Chicken Soup For the Lawyer's Soul own job satisfaction. Heenan, who formed her own firm, Constitutional Liti­ Advice on balancing money, rewards of the profession gation Associates, described the pleasures By .Jessie Grodstein community. By joining local organiza­ of being her own boss, of knowing a little tions, a lawyer can understand the daily bit of everything, enabling her to repre­ OR THOSE STUDENTS who insist on concerns and issues that affect individual sent clients fully. buried admiration and righ communities. "Just because you went to Wrapping up the discussion, Tammy t teous poverty, the National law school you might think that your bet­ Stacy of the Financial Aid Office dis­ yers Guild sponsored a pertinent ter than the person who picks up your cussed Michigan's loan forgiveness pro­ panel entitled "How To Be a Lawyer, Pay garbage or the person who's working at gram. Though, at the end of her talk, most Your Bills & NOT Sell Your Soul" McDonald's, but you're not." Francher students still might not have understood Opening the presentation with a dy­ concluded that people who work at these the finer points of the loan forgiveness namic discussion of how to remain faith­ places often know adversity in a way that process, the bottom line was that it can ful to one's ideals, Mark Fancher of the the average law student does not. be done. An important message: don't let Maurice and Jane Sugar Law Center for Jane Thurston of the Washtenaw money stand in the way of being an ac­ Economic and Social Justice shed light on County Public Defender's Office and tive participant in the community. how to become a responsible part of the Cynthia Heenan, a partner in a private � ------� ��� �=es==®===est=a=e ======ll=§=ebr=u=ar== p 2 =00 3======�=����= ===5�11 South African Justice Speaks Topics include constitutionalism, democracy and rule of law

By John Fedynsky

USTICE Z.M. YACOOB of the Consti­ sources of those values. Ya coob, who is against cruel and unusual punishment, tutional Court of South Africa blind, read by Braille the text of the pre­ the right to life and the right to human spoke to members of the Law amble, which mentions healing divisions dignity, all of which appear explicitly in I community in Room 250 of of the past, building a new order and en­ South Africa's constitution. "The judi­ Hutchins Hall on Monday, January 27. suring improvement in the quality of citi­ ciary is vital to constitutionaldemocracy," Dean Jeffrey Lehman introduced Justice zens' lives. "The preamble sets out a set said Yacoob. Yacoob, giving a of objectives to be achieved," said Yacoob. The legislature plays a large role too. brief biographical Yacoob provided the sketch. The topic of Employment Equity Yacoob' s speech was Act, the pending cre­ post-apartheid re­ ation of Equality construction, with a Courts, and land re­ particular focus on distribution as ex­ South Africa's devel­ amples. He credited oping constitutional­ the legislative pro­ ism. cess with creating Yacoob began structures and frame­ his remarks with a works for reform but short description of criticized the pace of apartheid in South the process. "The Africa prior to re­ process is not fast forms initiated in enough ... but we 1994. According to have come a long Yacoob, "a majority way," he said. of people were Fin a 11 y, treated as second­ Ya coob stressed that class citizens." He the hearts and minds noted that the force DEAN JEFFERY LEHMAN LOOKS ON AS JuSTICE YACOOB of South Africans of law helped up­ must be recon- hold a system of op- ADDRESSES STUDENTS AND FACULTY. structed too. People pression and exploi- must contribute indi­ tation of non-whites and the denial of Ya coob chose to focus on judicial and vidually and "put their shoulder to the human rights. Later in his speech, Yacoob legislative implementation of South wheel," he said. mentioned that judges enforced the laws Africa's constitutional reform. "The Con­ Yacoob fielded questions concerning during apartheid, recognizinga duty not stitution by itself did not end the the following topics: 1) challenges that to change thelaw and deferring to the su­ struggle," said Yacoob. In terms of the economic constraints pose to constitu­ premacy of parliament. judiciary, Yacoob noted that the constitu­ tional reform 2) conflict between federal The question of supremacy was a key tion limits the executive power of ap­ law and cultural, linguistic and religious threshold question for reform. Yacoob pointment. A Judicial Services Commis­ rights 3) the judiciary's relationship with underscored the importance of Nelson sion - made up of politicians, judges, the executive 4) equal protection accord­ Mandela's concession in favor of consti­ community leaders and others- ensures ing to sexual orientation and 5) the effec­ tutionalism. Rather than expanding vot­ that a broadly representative pool of can­ tiveness of truth and reconciliation com­ ing rights and holding on to parliamen­ didates is selected. He also spoke about missions, which Yacoob termed "ex­ tary supremacy, South Africa chose to select cases of the Constitutional Court, tremely cathartic" yet flawed. qualify majority rule. Yacoob noted that particularly the case in which the Court The Center for International and constitutional supremacy insures that struck down the death penalty as uncon­ Comparative Law sponsored the event. certain values are "kept alive." He cited stitutional. He said that the judgment was the bill of rights and the preamble as based partly on a combination of the right II6 c%...., l\.es @es ta:e 11 §ebruarp 2003 11 �------IN LOVING MEMORY A column dedicated to all who have passed before us By D.C. Lee twirling lights-the unfortunate combi­ Bump, thud, bass line. Keep kickin' the nation that made the fairer sex unable to same joint, because: he best thing about those nights discern your superior physical attributes. was not the music. The music You puffed a blunt in your mouth and Alii got left are stinkin' memories... was good. But it was not the best kept a cigarette tucked behind your right thing about those nights. The best thing ear even though you didn't need it for I remember. Do you remember? Can about those nights was notB the girls. The game. you remember? girls were hot. But they were not the best thing about those nights. Bump, thud, bass line. Flip the joint. You know they closed that place. No more "Z." Do you remember those nights? Remember gamin' 011 dumb hotties at chill parties... And nothing stops me from crying The smoke, the sweat, the cologne-the myself to sleep every night, wondering funky smell that at any other time and in Do you remember? why I feel cheated out of the best part of any other place would be unbearable, but my life. All I have left are stinking memo­ at this time and in this place you accept Me and you ries. Sometimes I dream about those as the standard. The hoochie pants, the No truer two ... nights only to wake in the morning with low cut shirts, the girls-the sexy combi­ a moist cheek, wet from last night's tears. nation that would get stares at Sunday A cigarette tucked behind my right ear, mass the following morning, but at this a Polo shirt tucked into my pants and When I used to dream about those time and in this place you accept as the some Curve tucked into the corners of my nights, the worst possible scenario was standard. The speakers, the bass, the neck, chest and wrists. A cigarette tucked my waking in the morning with dry eyes music-the unedited joints you never behind your right ear, a Polo shirt tucked and a dry throat from all the smoke I in­ heard on MTV or the radio, but at this into your pants and some Curve tucked haled the night before-nothing a moist time and in this place you accept as the into the corners of your neck, chest and towel and a glass of water couldn't fix. standard. wrists. No truer two. But there's no remedy for what now ails. Moist towels and glasses of water only Now we was once two niggaz of the same And never was it more evident than work cosmetically. They can't fill the void kind when the DJ would blaze that one jam­ inside me. Quick to holla at a hoochie with the same you know the one. When the joint came line... on, a rotating group of regulars would No more nights like those. None. line up and bust out the moves. Never. Probability zero. And you know A beat from the speakers was strong the worst part about it? There was noth­ enough to whisk the sweat off your brow Do you remember? ing I could do about it. It was taken from and onto the floor, where it mixed with me. I didn't give it up, discard it, toss it the ashes of Camel Lights, Marlboro Reds Right leg front, front, back, back, front, aside. I didn't abuse it, harm it or make it and Swisher Sweets. Even though I didn't back, front, Left leg over Right, 90 degree feel unwelcome. I loved it. It was th� best smoke, I kept one of the former tucked spin, Right leg back, Left leg back, hop part of me. And vice versa. behind my right ear. A girl who was in­ forward, spread legs, cross legs-180 de­ terested would often approach, asking for gree spin, hop forward, cross legs-180 Do you remember? a cigarette. But you knew that. That was degree spin, beat (freeze, hand on chin), your game, not mine. Right slide, Left slide, Back slide, Back Me and you slide, two hops forward, and repeat... No truer two... Do you remember those nights? Yeah, there are other moves, other No truer two forever, right? It didn't The black lights, the smoke, the twirl­ variations and other beats, but who had matter that they'd closed the "Z," closed ing lights-the fortuitous combination game like that? You made that one up. the joint, closed the door on a chapter in that made the fairer sex question whether You took it to the house, and others fol­ our lives. It was just a chapter, after all, my nose really was that big, or whether lowed. They were interested, intrigued. the reflecting lights made it appear that That's our joint. No truer two. Continued on next page way. The black lights, the smoke, the ------�� �es ®estae ll�§�c cy 2 ======brna 3 ======�======�� ======00 �4� �== 7�11 Bar Week 2003 Draws a Crowd We Scream "Gimme a Break," LSSS Answers with "A little help from your friends"

By Sharon Ceresnie for all four nights of bar week, earning a tiona! locations, and hopefully draw an Michigan Law School baseball hat for even bigger crowd than the one that at­ hile LSSS representative An their dedication and perseverance. Those tended this year. "We'd love to see 1000 W drew Bauer sat behind his devoted 2Ls and 3Ls who made it to all people at our events," he said. laptop wondering, "What four nights of last year's bar week in ad­ Even though those of you who at­ would you do if he sang out of tune," or dition to this year's received a special tended this year's bar week are still al­ whether Angela and Tony would finally prize, thanks to some lobbying to the lowing your livers to recover and are fi­ get together, the rest of the law school LSSS by those particularly dedicated nally getting aroundto watching all of the took part in a record-breaking annual drinkers. "It took a lot of hard work to video taped reality television shows that Law School Bar Week. convince them of how deserving we you missed (for a good cause, of course), Law students let their hair down, un­ were," said 2L Emily Korstange, "but the keep in mind that next fall's bar week is buttoned their collars, and took a break cause was important to us, and the LSSS just around the corner. In order to keep from their usual evenings of watching was responsive to our request." your stamina up, don't forget to frequent "The Bachelorette," "Joe Millionaire," Bauer, who with the help of his fellow a local Ann Arbor bar at least once a week, "Survivor" and "Celebrity Mole," to so­ LSSS representativesplanned the success­ and try to recruit those people who didn't cialize with their fellow law students, ful bar week, is proud to say that this make it to this year's bar week to join you. drink some beer and even play some year's bar week is the first to actually To gether, we will be able to work together board games during the week of January make money for the LSSS. This year's bar for this good cause, to bring together Jaw 27. Thanks to some ingenious marketing week was a major success in comparison students and to consume an exorbitant tactics, excellent drink specials, and the to past years, where, for example, only amount of alcohol, and remind ourselves promise of meeting new people and 65 people showed up at the first bar night that while we might have to spend a hanging out with old friends, law school of the week last year. It was so successful month or two out of the year cooped up bar week drew a record-breaking sized this year that they are hoping to hold an­ in the law library, we need to celebrate crowd of somewhere between 500-600 other bar week during the fall of next year those weeks when LSSS thinks of us, and law students at Leopold Brothers, Score­ in addition to the annual winter bar week. gives use an excuse to get out and have keepers, Rick's Cafe and Mitch's Place. Next year Bauer hopes to change the fun. Ninety-three law students showed up location of bar week to some less tradi-

Continued from previous page Of course you can. No truer two. It's Do you remember those nights? with many more to be written: a chapter like that time at Wendy's on 747, stand­ on driving through lawns in the rain, a ing in line, waiting for our spicy chicken The smoke, the sweat, the cologne. The chapter on throwing tennis balls at con­ combos: "Hundred dollar bills ya'll." It Camel Lights, the Marlboro Reds, the struction workers, a chapter on the Sanc­ came from nowhere, unplanned, unre­ Swisher Sweets. The black lights. The tuary. And in time to come, a chapter on hearsed and in perfect unison. We were twirling lights. The cigarette tucked be­ school, a chapter on marriage, a chapter probably going to the mall that after­ hind the right ear, the Polo shirt, the on life. noon-and to the "Z" that night. Curve. The game. That one jam. The best thing about those nights was But now I have a chapter on damp Bump, thud, bass line. Rock the joint not the music. The music was good. But cheeks from last night's tears because four one last time. it was not the best thing about those years ago, your book was cut short. nights. The best thing about those nights Tho' memories fade was not the girls. The girls were hot. But See we both gotta die I got your name tatted on my arm they were not the best thing about those But you chose to go before me ... So we both ball 'til my dying days... nights. The best thing about those nights was I cleaned out your room. I picked the No joke. But it's on my back. And I'll you, my best friend. Rest in Peace, Jacob clothes to bury you in. I wrote and gave never forget you. Both ball 'til my dying A. Saylor - (26 Feb. 1980- 31 Jan. 1999). the eulogy at your funeral. days. Both bond to my dying days. A stamp from the "Z" would only last a + Do you remember? Could you hear me night, but the tat, like my memory of Editor's Note: Italicized entries are rap lyr­ then? Can you hear me now? those nights, will last a lifetime. ics ofTupac Shakur. �I!=S======� =�= 9��====�==e=s=�=e=s=ta=e======l=l=$=eb=r=u a=zy= · 2= =00 ==3 �1�1 ------Valentine's Day

. · • · ·· . . ..· . · ..··· .. Let's Bring Back the Romance

By Sharon Ceresnie come obsessed with our own quest for cially acceptable way to meet people. love but we've become voyeuristically From match. com, jdate.com and various alentine's Day only rolls around engrossed in watching other people en­ other websites, one can peruse a poten­ once a year. It's that one day dure the pain and suffering of dating on tial mate like shopping for that perfect when those with significant oth­ television. Will Trista pick Charlie or pair of shoes (and sometimes just as dif­ ers celebrate a beautiful relationship, send Ryan? Will the couple on Blind Date go ficult). It works too - I have heard sev­ flowers, eat chocolate, go out for an ex­ in the hot tub tonight or not? As much eral stories of people getting married af­ pensive dinner. But, for those without as we know that we shouldn't be watch­ ter meeting through an online dating ser­ that special someone, Va lentine's Day is ing these shows, like a train wreck, our vice. a reminder, like your grandmother ask­ eyes cannot be diverted. Then there are those blind dates that ing you if you're seeing anyone, that you friends, parents, grandparents or anyone are single. else who wants to help you You are also reminded tha in your quest for love set you dating today is different thar up on. In theory it sounds when your grandmother wa� exciting, in practice it's not your age. When she was 20, < always all it's cracked up to woman went out on multiplE be. And there's a new fad, dates, and when the date wa� something called "Dinner over with, she went home anc with Friends" or "Eight on her date didn't invite himself in· Eight" which is virtually a side, or even attempt to kiss her ·group blind date. Oprah's After several dates, the womar guests on the show I caught and man would decide to "gc last week thought this was a steady," but until then they wen really exciting option - but free to go out on multiple date� these programs are not avail­ and test out the waters. able everywhere. Today, things are drasticall) So, for those disenchanted different Twenty-year olds ir with online dating, blind college don't date. They go tc dates, or sitting at home as a parties; they hang out; they hoo1 voyeur of other people's love up. After hooking up they eithe1 lives ...it's time to make a never talk to each other again 01 Va lentine's Day resolution. they decide to begin some sort As difficult as it might be, get of a relationship. There's no going out to It seems like everywhere you turn the out there and meet new people in your dinner, or flowers, or chivalry. topic of conversation comes back to who own way. Those who are alone this After college, things seem to change. is dating whom and how one can meet Valentine's Day, celebrate being single But, the whole dating thing seems a bit their next suitor. I recently caught the end and know that there are lots of people out forced, since all you knew was to go par­ of an Oprah show where the topic was there looking for love just as you are. ties and "hang out" However, it seems single women today and how they can As society seeks new ways to create that the dating world is trying to peak its meet men. One guest, an "expert" on romance, let's remember our head through the clouds-that singles are matchmaking (sometimes we call these grandparent's dating era and try to bring yearning for a way to return to some of people "Yentas"), said that people just back some of the romance and chivalry the benefits of dating like our grandpar­ need to learn how to turn on their avail­ of yesteryear. And it doesn't just have to ents did. We are trying to emphasize that able light, like a taxi cab on the streets of happen on Valentine's day ...romance can people need to try each other out, meet New York. Simple right? endure all year round! lots of different people and find "the one" But there are possibilities for the "single So have a Happy Valentine's Day and they are destined to be with. and fabulous" women and men out there enjoy a day that celebrates love and ro­ From "Blind Date," to "Elimidate," to and society has responded. Online dat­ mance! "The Bachelorette," and "Joe Millionaii:e," ing, although reminiscent of the want ads it is obvious that we have not only be- in the Sunday paper, has become a so------lll 3L\.es �estae 11 jfebruarp2003 �.._ 9 II Joan of Arc Rises froiD the Ashes (Tasteless pun intended)

By Steve Boender Alive ... is any indication, their best work other instrumentation they could find. In is ahead of them, for it seems that the co­ this record the guitar has much more Joan of Arc- So Much Staying Alive and hesion so utterly lacking on the last two presence. Kinsella's trademark vocals Lovelessness JoA releases has finally been found. No have been toned down a bit, although he longer relying on the wonder of computer still tends to do that scratching thing like editing to deconstruct tracks beyond rec­ Bobby Brady's voice did on that one epi­ ognition, the band has taken a drastic turn sode where the Brady kids had a band 5/5 gavels toward more organic, and dare l say, pop and Bobby hit puberty. Lyrically, though, ] directions. By no means is this a Beatles it's the same old Tim Kinsella. On "Olivia tis with great civic pride that I her record, but compared with their latest Lost", Kinsella croons, "Some people are aid the return of Joan of Arc. JoA releases, this album is ready for TRL. just lucky I guess and they're born look- formed after the breakup . ing tired. But weren't we always of 's most loved/hated ,. ..�."'"··�·--·�..,-w� in a hurry and an hour late for punk band, Cap'njazz, led by the everything," lines that should brothers Kinsella. I spent my high resonate with law students, at school years going to Cap'njazz the very least. Kinsella contin­ shows at suburban all-ages clubs, ues to show that he's one of the so I've always had a soft spot in best writers in indie rock. my heart for the guys. My opin­ ion, however, is not exactly the Whether this is a Michael Jor­ dominant view. One is equally dan-esque second swansong for likely to elicit fury or delight the band remains to be seen. when mentioning bandleader Tim They have another record com­ Kinsella's name in the city, and ing out soon, but with Kinsella, either way, Kinsella is just happy you never really know. How­ people talk about him. At any ever, if So Much Staying Alive ... rate, Joan of Arc's disbanding af­ is any indication, Tim, like ter their 2001 LP, How can anything Stella, has got his groove back, so little be any more?, was met with and regardless of what band dismay, as the fans lost the pros- name he happens to be record­ pect of new music, and the haters lost the ing under, the music will be some of his target rich environment that was Joan of Joan of Arc's music has always defied best ever. Arc. Kinsella kept busy in about 5 other categorization, often forcing critics to bands (Friend/Enemy, Owls, Everyone, make up new genres to describe them. By the way, for those interested, Joan etc.) and it appeared that JoA was truly Never sticking with any one formula, of Arc will be playing at theBlind Pig here dead. records have ranged from noisy pop to in the Arbor of Ann on March lS'h. Also, ambient electronics. The defining charac­ Tim Kinsella will be tending bar at the In 2003, Joan of Arc has officially re­ teristic of this record has to be the mean- Rainbo Club at Damen and Division in turned. Along with this record, they have dering guitar lines. Previous releases had Chicago indefinitely. I recommend the another planned release on another label relegated the guitar to exist underneath PBR. in a few months. If So Much Staying a lay�r of keyboards, noise, and whatever Summer 2002 Grade Curves Grade Summary - Part Spring/Summer Number receiving each gmde 4.3 4.0 3.7 :u 3.0 2.7 ::u 2.0 1.7 u 1.0 0.0 Se�::tion Profe�sor I p A+ A· B+ B B- C• c C- D• D �I (I!()() I Cooj1Qid.Paul Li•iga.tion Ethics s 16 ; 10 ll1o 3l\.e ® s e stae 11 jfebruarp2003 II Continued From Page 1 the door, but we can't necessarily make ing up with the individuals. I do keep in a decision on it. We're very risk averse ­ touch with people I've connected with in A: Often the recommendation letters, we're all trained as lawyers here. We the two admissions rounds I've been here. but not always. Recommendation letters want to make sure that we're letting in We also work closely with student groups, will tell you things about people that the best of the best. so I get to know some members of those make you think, "ah, this is just the kind Q: What do you find special about the groups well. of person you want in class, this is just Law School? To the extent I do interact withstudents, the kind of person you want to have A: One of the things that I think is re­ it always make me feel good about the around." The personal statement and ally special about Michigan Law School choices we made. optional essays are an important part of is the extent to which people treat you Q: How do you still practice law on the process. Sometimes I'll read the per­ like a human being and you don't slip the side? sonal statement and I'll just think, "that's through the cracks. The other adminis­ A: In some ways it's easier for me to do OK." But then I read the optional essays trators really care about the students. pro bono in this job than it was for me and I think, "Wow! This person is great­ And the faculty care about the students. when I was practicing law because it's a they've done interesting things, they're I think it's important to let people know complete change of pace. I just won a first charming or they have great ambition or from the very beginning of the process amendment case for the ACLU. Don they're thinking about something Herzog was kind enough to give in a way that I would never have me a tutorial and take me by the thought about it and that will be "Once I've read someone's file and I hand. It was an interesting case so valuable to have around." about firefighters in a downriver Those are the things that make me community banned from talking feel "the voice" of an application. want to admit them, I really feel like I about safety concerns. I mostly Q: What else comes up in a practice law during the summer typical day? when things slow down a bit. A: Some fires will come up - of- know them." - Dean Zearfoss Q: Why did you leave private ten lawsuit stuff right now. Our practice? lawyers are busily writing briefs I came here to the Law School and preparing for oral argument. People that that's the way the school is. There's to work not because I was sick of practic­ have quick questions for me about statis­ a lot of self-selection that goes on. ing law. I think it's the greatest career you tics or data from past years that we try to Michigan's atmosphere of collegiality is can have. I couldn't do this job if I didn't dig up and explain. not actually appealing to some students feel this way. It would be awful to try to Then around 5:15, I head home, pick -although I can't really understand why convince people to spend three hard years up my babies, cook dinner and then read not. Some people feel like they don't and a whole lot of money to go into a ca­ files for the rest of the evening! And that's want this kind of atmosphere and they reer that I didn't value. my typical day. will go to other schools. Some people are Q: Is there a difference between sum­ Q: How many files do you read in a really attracted to it and those are the mer starters and fall starters? typical day? ones we want here because I think those A: Summer starters typically have A: For first reads, at night I probably are better students and make for a better taken a little time off. They've got a com­ can't get through more than eight or ten. community. And that's part of what pletely different perspective than the stu­ For second reads, I can do a lot more - makes Michigan a special place to be a dents who come straight from college. probably 20 a night student. There are fewer summer starter applica­ Q: What's a second-read? Q: How much of an opportunity do tions, so fewer people who we'd like to A: A second-read is a file that someone you get to keep track of people who are admit get turned down in the summer else has read and has written sort of the admitted? than get turneddown in the fall. That said, Cliffs Notes on it. And I read all those A: That's the one frustration of the job. the people who are coming in for the sum­ notes and then I look at whatever in the Contact after admission is not anywhere mer are fabulous just like the fall starters. file has piqued my curiosity based on the near what I would like. I do keep up. I There's no difference in that sense. It's just notes - usually recommendation letters or find out informally and formally about that there are many fewer disappointed personal statements that they'll charac­ students who fall outside the range of candidates for summer than there are for terize in some way that I'll want to see. their expected GPA at law school. I go fall. And then I'll make a decision one way or back and I look at their file. We ask, "what Q: What is the split between begin­ another, or I'll put theapplication on hold. happened here - is there anything that ning students who come straight from Q: How does the rolling admissions could've given us a clue that this person college and those who did something process work? would outperform or underperform else for a while? A: We call it a modified rolling admis­ what would've been predicted just based sions process, which means we will read on the numbers." Often, the reasons are Continued on Page 12 your file in the order in which it comes in personal. But that's still not really keep- ACROSS

1. Inflict 6. Ottawa, for short 9. Indian torture 14. Hungry, hungry 15. Before 16. Rise 17. Willow 18. Bow or score 19. Flip flops 20. Natural growth 22. Small island 23. Circle segment 24. Kournikova 26. Grave crime 30. Peer 34. Malicious look 35. One-celled protozoa 36. Exploit 37. From Arabia 38. Pilot sim. 39. Stigma 40. Bite 41. Not right 42. Chocolate source 43. Small fa lcon 45. Bumpkins 46. Vino 47. Unagi 48. Skylit rooms 51. Beatles' "wood" 12. Guard prefix 57. Woodland 13. Attention getter 58. Sin 21. Do to a case 59. Atherton college 25. Beaks 60. Dead language 26. Side 61. Over follower 27. Creepy 62. Daddy Warbucks' girl 28. Dancer jumps 63. Ice or board 29. Sphere 64. Grass implant 30. Accumulate 65. Bird homes 31 . Prevention measure 32. Typ ical DOWN 33. Spanish currency 35. Nimbleness 1. Horse command 38. Prayer's end 2. Computer architecture 39. Hard wood 3. Record company 41. Theseus thread-giver 4. Copycat 42. "What you takin' about, Willis?" actor 5. Seoul inhabitants 44. Dusky 6. Eye 45. Evergreen 7. Three 47. Did #58 Across 8. Adolescents 48. Hole-makers 53. Heredity unit 9. Mock orange 49. Ta ll evergreen 54. Hotels 10. Salad or Roman 50. New Zealand tree 55. Dismount 11. Lipinski jump 52. Sandwich cookie 56. Denials �� ��1�2�==�·�=9�q� ==�==es=®�e=ts=a======l=e l=$=e b=ru= a=zy=2=00= 3===d l�l ------­ to figure out what kind of law student plicants don't quite know what they're Continued From Page 10 they're going to be. Of course you already getting into? know what kind of a law student a trans- A: Of course there are moments of cyni­ The split between students who take a fer applicant is going to be. So there's cism. I think there's a statistic that 4% of year or more off after college and those much less guesswork involved. We have graduates go into public interest at the who do not is roughly 50/50. There are a great deal of experience with many time of graduation. One applicant wrote some schools that really put a high pre­ schools, for example Wayne State. that she would be one of those 4% and mium on taking time off - Northwestern Q: Do you get the feeling that Wayne would therefore contribute to the Law is sort of famous for that. I think that or some of these other institutions have School's diversity. And yet, 90% of these would be a mistake for us because we a feeling of resentment that U of M is personal statements say that! I don't think have a lot of really talented people com­ skimming the cream off the top? it's people lying to me or people selling ing straight through. What's great about A: You know, they ought to, I guess - out, or anything like that, though. For ex­ the people who have taken time off is that right? I have to say, though, especially ample, I went into the private sector and they bring some real world expertise and Wayne State, they're remarkably gracious I continued to do pro bono. I don't think a voice that is important to have. But I about it. Most other schools only involve it is evil versus doing good in law. I would think if you limit your class to that you'd one or two students a year and aren't quite say that even when I was doing private be doing your school a disservice. I think the pipeline that Wayne State is. practice I was still being pretty idealistic it's great to have the mix. Q: Is there much on the other end of U and trying my best to make the world a Q: Is the process for transfer students of M students leaving to go anywhere better place. So I don't think that the sta­ different? else? tistic of 4% going into public interest nee­ We get about 150 transfer applicants. A: It's pretty rare that they're leaving essarily tells you what you're trying to The process is the same, but what we're to go to another law school except for per- find out. looking at is different.Mostly, we're look­ sonal reasons. Although I don't see as Q: Any last thoughts? ing at what law school do people go to much of that because that just would be A: I love this job. It is great to be able to and what were their first-year grades. handled by the registrar's office. come to work and love your job. It's a big The whole exercise of what we go Q: Personal statements tend to bleed part of my life. through for first-year applicants is trying idealism. Do you get the feeling that ap- RG: Thanks for your time . • Announcements

Sadighi (lL) by the 13'h and a ticket will "WH OSE LAW IS IT ANY­ UPCOMING RG WAY?" be placed in your pendaflex the next day. Don't miss this exciting and intriguing PUBLICATION DATES: To benefit Student Funded Fellowship: opportunity. OutLAWS Presents Pioneer February 19'h March 11 of the LGBT Civil Rights 4:30 PM Movement March 25 100 Hutchins Hall Shannon Minter, Legal Director of the April 1 National Center for Lesbian Rights in San Come watch and pick the brains of April 15 your favorite law school professors. Pro­ Francisco, will speak on civil rights issues fessors Don Herzog, James Krier and Ri­ faced by lesbian, gay, bisexual (Submissions accepted up to two chard Primus as "Moderator" will pour and transgender people in the US. Please days before publication.) over YOUR challenging and off the wall join us on March 10, 2003 to welcome questions. These Professors will lead an this pioneer of the LGBT civil rights move­ NALSA and ELS Present event much like ABC's "Whose Line is it ment. This is an OutLaws-sponsored Winona LaDuke Anyway," and they will be prepared to event. More information to come. The Native American Law Students answer ANY question you throw at them Association and the Environmental Law - the goal is spontaneity and intrigue. Society present Winona LaDuke, Native Send Yo ur Environmentalist and Ralph Nader's run­ TICKETS ARE LIMITED, cost $10, and ning mate, to the Law School as Keynote will be sold until Valentine's Day. Cash Announcements Speaker for our annual Indian Law Day! or check made out to SFF. Alternate ticket to [email protected] buying: place your check (cash will be Friday, March 21''. More information to returned) in the pendaflex of Samy come.