thejeffersonian
February 2011 Thomas Jefferson School of Law tjsl.edu/sba
After interviewing Diaz, who denied having knowledge of the drug transaction, Fazio CA Supreme began to electronically search Diaz’s phone. Fazio admitted to having to navigate a few screens and folders on the cell phone in order to Court OK’s eventually access Diaz’s text messages. Fazio’s search ultimately revealed a text message that contained the numbers “6 4 80.” Fazio Warrantless interpreted this message to mean “four pills of ecstasy for $80” and used this discovery to elicit a confession from Diaz within minutes. Search of Diaz was subsequently charged with selling a controlled substance (in violation of Health and Safety Code § 11379 subd. (a)). Eventually Cell phones Diaz pleaded not guilty, and moved to suppress the text message from evidence. The trial court The Recent Decision That Left denied his motion, stating that whatever a search of his person turned up is “really fair Your Fourth Amendment Rights game in terms of being evidence of a crime or in Shambles instrumentality of a crime…And under these circumstances I don’t believe there’s authority Lindsey-Shannon Lee that a warrant was required.” Diaz withdrew his 1L Staff Writer guilty plea then pleaded guilty to transportation of a controlled substance. The Court of Appeal On January 3, 2011 the California Supreme affirmed and the Supreme Court granted Diaz’s Court made a startling ruling that challenges Public Domain Photo petition for review. Fourth Amendment rights. In a 5-2 decision, Mobile devices such as these are at the center of a dispute involving the 4th Amendment. In an opinion written by Associate Justice the justices established a scary federal precedent Ming Chin, (www.courtinfo.ca.gov/opinions/ that cell phones on a suspect’s person are subject arrested by Ventura County Senior Deputy as the sale took place in the backseat. Deputy documents/S166600.PDF) the majority likened to a warrantless police search. This decision Victor Fazio in connection with the sale of Fazio heard the sale via a wireless transmitter the search of Diaz’s cell phone to searches brazenly departs from a recent Ohio Supreme six tabs of Ecstasy, a Schedule 1 controlled and immediately arrested Diaz for being a co- conducted in precedent cases from the 1970s. Court ruling that held police do not have that substance. According to court documents, conspirator in the sale of drugs. However, the distinctions between the facts are right. Diaz drove the Ecstasy’s seller to the location Fazio transported Diaz to the sheriff’s On April 25, 2007, Gregory Diaz was of the sale and remained in the driver’s seat station where he seized Diaz’s cell phone. Fourth Amendment, Continued on pg. 2 The Florida Success on Decision Different Scales Jonathan Cooper with Different 3L Managing Editor The Constitution is a document that sets Measures limits, and its very purpose is to restrain power. Through the 10th Amendment, the Constitution Deciphering what the Bar declares that powers, which are not granted Results really mean to the federal government, are reserved to the states and people therein, so whereas the powers Jonathan Cooper of the states are unlimited, the powers of the 3L Managing Editor government are certainly constrained. Each semester I inform you, the students The premise of the Constitution is that of Thomas Jefferson, of our bar results. I it is a living, breathing document. However must sadly say that each time I report this the power which Congress utilizes to achieve information I have the glimmer of hope that its end results is granted from within the four things will change and that our fates will turn. corners of the document. As such, the question Unfortunately, our results for July 2010 fell regarding Health Care and its reform was not where they typically do, below the California whether the principle is right, or if the country ABA approved law school average, behind Cal is in need of reform (which we certainly are), Wikipedia user Ebyabe Western, and behind every one of our personal but whether the powers to obtain the end result The United States Courthouse in Pensacola, Fla. expectations. were constitutional. This past July was no exception to our Flexing your muscle when you are not at a while looking in the mirror is precisely what health insurance minimum by forcing its people dismal performance history on the California sculpting contest may seem arbitrary. However, occurred with the Florida decision. The into a stream of commerce. Bar Exam. The state average for all California the constant practice and reformation, which government, through Congress, sought a novel ABA approved law schools, first time takers, occurs as you adjust your posture, and position way of enacting legislation and a mandatory Florida Decision, Continued on pg. 2 was a stunning 75.2%. Thomas Jefferson School of Law, was 58%. This is 17.2% below the state average for all California ABA approved law schools, and 12% behind Cal Western (who The SOAR Program at Saint Vincent DePaul Village had 70%). The following chart is the passage My experience as a participant surprised to hear some of the heart wrenching blessed by Father Joe percentage for first-time takers of the Cal. bar: stories of our neighbors currently living on the himself. All residents All ABA in the SOAR program in streets of the East Village. must obey strict rules TJSL Deviation Approved downtown San Diego. St. Vincent de Paul Village (SVdPV), also and perform regular known as Father Joe’s Village, is a residential chores in order to July 2010 58% 73.3% -15.3% Marty Stratte facility for the homeless located just blocks from retain their highly Feb 2010 52% 56.8% -4.8% 2L Criminal Law Society President Thomas Jefferson School of Law’s new campus. sought after spot. July 2009 46% 76.5% -30.5% SVdPV began in 1950 as a small operation Recently, SVdPV It is likely that most, if not all, members Feb 2009 42% 50.5% -8.5% handing out peanut butter sandwiches. Since began participating of the TJSL community have come across an 1987, SVdPV has provided housing, counseling, in the Supplemental July 2008 76% 80.7% -4.7% individual currently calling the streets of San medical care, and educational programs to the Security Income/ Father Joe Carroll Diego’s East Village their home. One cannot Feb 2008 61% 60.1% +.9% homeless and those who are at risk of becoming Social Security help but wonder how these folks ended up on homeless in San Diego. Many TJSL students Disability Insurance Outreach, Access, and http://admissions.calbar.ca.gov/ there and how they survive day-to-day. Many regularly volunteer at holiday meals where Recovery (SOAR) program. SOAR is a national Examinations/Statistics.aspx assume that a drug or alcohol problem is a SVdPV opens its gates to non-residents and Now these results in and of themselves are prerequisite for homelessness and would be allows for guests to enjoy a proper holiday meal SOAR, Continued on pg. 2 Bar Passage, Continued on pg. 2 2 The Jeffersonian February 2011
Florida Decision, Continued from pg. 1 from the free market is “inaction,” for which a Fourth Amendment, Continued from pg. 1 traffic stops. She further states that this opinion penalty is assessed starting in 2014. allows police “carte blanche, with no showing To simplify, Congress may utilize its power The Florida court does an incredible job at nothing short of obvious. In one case, heroin of exigency, to rummage at leisure” through an over commerce according to Lopez v. United conveying just how the government is unable to was discovered hidden inside of a cigarette box arrestee’s mobile phone or portable computer. States, where the activities have a substantial force its citizens to purchase any commodity, in the suspect’s pocket during an arrest. The Her opinion artfully expressed the fears of differences between drugs discovered inside a relationship to, or substantially affect, interstate and further extrapolates on the rigidity and legal experts, defense attorneys and citizens cigarette pack and the information accessible commerce. The crux of the Plaintiff’s argument absurdity of allowing such usage through the everywhere, “The majority thus sanctions a is that, through their “inactivity” of not in a cell phone or smart phone are too vast to Constitution. It likens the housing market to highly intrusive and unjustified type of search, purchasing insurance, they are not having a be enumerated. As it stands now, this opinion this argument, asserting that we all partake one meeting neither the warrant requirement meaningful impact on commerce and they allows police officers to access information at one time or another in the housing market nor the reasonableness requirement of the are not partaking therein. The Government’s that would normally require a warrant, such and allowing the government to force us to buy Fourth Amendment to the United States contention is based on a study, which states as personal emails, client communication, homes, or levy a penalty is absurd. Constitution.” that $40 billion is lost annually to under- or photographs or even financial records. Florida is a key decision on behalf of the While the nation anxiously waits to see this uninsured individuals, thus partaking in an Justice Kathryn Werdegar’s dissent called issue addressed in the U.S. Supreme Court, it economic activity. Constitution and I urge each and every one the new rule “overly permissive” and echoed might be a good idea to put a numeric lock on The applicable portion of the law reads in of you to seek it out. This case is bound for a warning that such a decision could even lead to similarly invasive searches during routine your mobile phone. part, Section 1501 “if an individual fails to [buy the Supreme Court (eventually) and it is a health insurance], there is thereby imposed compelling piece of living, breathing history Bar Passage, Continued from pg. 1 dictate bar passage, however the correlation a penalty.” Herein is the area of contention, coming to life. Senior Judge Clyde Roger between lower GPA and lower bar passage rates for by its very definition and contention the Vinson gives a compelling, reasoned, and not indicative of our overall performance, but cannot be denied. penalty is imposed on “inactivity.” Specifically logical discussion as to the law in his holding. rather a glimpse as to our inabilities. However, Apart from my concern with our typically the lack of an individual’s forced purchase of His words are poetic, easy to read, and are since I began disseminating this public low, far from average first-time California ABA a government product or comparable product delivered to the American public. information through The Jeffersonian, the approved bar passage rate, is our repeater bar results have been consistently poor. passage rates that are unfortunate: These results are not emphasized enough, or persuasive argument for a client. Moreover, SOAR, Continued from pg. 1 highlighted enough on campus. My presumption All ABA while writing the reports, I had to confer with TJSL Deviation though, is all of this will eventually change. Approved effort aiming to assist homeless, mentally ill physicians and obtain each specific applicant’s The focus for the past few years has been on a individuals who may be eligible to receive Social July 2010 24% 29.1% -5.1% medical records. This process is similar to the new building, new campus, new faculty and a Security disability payments, but incapable Feb 2010 28% 40% 12% incorporation of an expert witness’ testimony transition to a better future. It is time that we of organizing and filing their own disability into a case for a client. Finally, I was given begin to focus on our bar passage rate. I believe July 2009 23% 29.8% -6.8% claims. As a student in Professor Herrera’s the opportunity to advocate on behalf of this change started with the implementation Feb 2009 31% 35.7% -4.7% Access to Justice Seminar last semester, I was able individuals who have no ability to stand up for of a new 1L grade curve. This mandatory to participate in the SOAR program at SVdPV. July 2008 41% 32.9% +8.1% themselves in order to try and effectuate change curve established that 20% of students in all I worked with the staff and assisted applicants Feb 2008 34% 42.3% -8.3% within their lives by synthesizing their tragic required core 1L classes would not pass under who were seeking disability benefits. While on accounts into a final, closing argument - just any circumstance. A non-passing grade is any its face it seemed different than a typical TJSL http://admissions.calbar.ca.gov/ like an attorney does for their client. grade below 2.0. As such at least 20% of every student externship, this opportunity ended up Examinations/Statistics.aspx At times, law school can be a daunting 1L class must fall within this mandatory failure, being a truly beneficial learning experience. My personal recommendations would be: experience that can cause students to feel and up to 28% could conceivably fail. Now The SOAR process always began with an 1) With the new facility, host a TJSL repeater overwhelmed and stressed. Participating in these 1L courses can be countered with second initial interview that I conducted with the the SOAR program provided great perspective semester grades to raise your cumulative course course to be held on weekends. This course applicant. It was during these interviews that on what is important in life. It also invites one grade above the threshold of 2.2, however the will provide a detailed analysis of past failing I learned the real stories of how and why to weigh his own problems against those of grades are still reflected on your transcripts. For exams, along with facilitated workshops. 2) these folks were now living on the streets of others that are living amongst us, on the streets. more information, http://www.tjsl.edu/sites/default/ Offer a repeater option for the school sponsored San Diego, while at the same time honing my Helping individuals who are homeless and files/files/EXAMINATIONS-GRADING-HONORS- Bar Secrets course. 3) Set measurable goals for interviewing skills. Some, as adolescents, were mentally ill strive for positive change in their ACADEMICS.pdf. both first-time taker bar passage rates, as well kicked out of their homes by drug-addicted life is a great opportunity that can also serve as The new curve will predict, or filter out, those as repeater bar passage rates. 4) Celebrate the parents. Some were rejected by their family a valuable method for law students to sharpen students who’s GPA puts them into a higher results! due to their sexual orientation. Others watched specific abilities that are necessary for effectively risk category for not passing the California Areas of opportunity need to be addressed, both of their parents go to prison. Perhaps advocating on behalf of a client. Bar Exam. Now GPA in and of itself does not just as our successes need to be celebrated. most surprising: some were deserted by their frustrated families who had grown tired of caring for their mentally ill family member. These stories served as the basis for medical Thomas Jefferson School of Law Editors Design Director summary report applications that were filed Chase Buzzell Samantha Massau with the Social Security Administration (SSA). The [email protected] Also contained within medical summary Scott Greenwood Design Consultant reports were diagnoses provided by the resident February 2011 Andrew Schlotterlein physicians at SVdPV. I was required to meet Tanya Kivman with the physicians and case managers in Editor In Chief Director of Outreach Jenni Leys order to further understand the applicant’s Katie Tooma Joshua Tallman background and develop the applicant’s overall Sarah Stewart-Bussey claim detailing why he or she was a proper Managing Editor Objections candidate for Social Security disability benefits. Jon Cooper Jessica Stocks I found that my experience within the SOAR Sterling Williams program at SVdPV provided me with a unique opportunity to practice important aspects of being an attorney. For instance, I had to counsel homeless, mentally ill individuals and delicately extract sensitive information that was necessary for the SSA to consider when reviewing the application. This process is akin to the consultation of a prospective client in order to determine whether or not there is a strong case to be heard. 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Interested in the Let me help you find the right plan to meet your needs SOAR Program? and your budget. Call me today at (619) 293-3829 and ask me about Blue Shield’s 12-month rate guarantee! Robert Rodee SVdPV and the TJSL externship office are (619) 293-3829 currently looking for students who are 2254 Moore St. Suite 202 interested in participating in the SOAR San Diego, CA 92110 program. This is a great opportunity to [email protected] prepare for internships that pair students with indigent clients, such as the San www.robertrodee.com Diego Public Defender’s Office. For information on how to participate in Authorized Broker SOAR or to learn more, please email: Professor Herrera: [email protected] Health plans and insurance Professor Tropp: [email protected] T9043| 0408 T9043| Blue Shield of California Life & Health Insurance Company California license no. 0B99179 Association Shield Blue the of Licensee Independent an 2008 California, © of Shield Blue 3 The 1L Guide to Getting a Job B on your own. Very few are able to! So take an hour out of your day and go see your counselor. Don’t know who they are? Mosey on up to the 5th floor and ask! I know, genius isn’t it? Or just Navigating your way through log on to Symplicity and make an appointment. obtaining your first legal job Next, start your resume. This is not the resume that Chili’s hired you with when you Amanda Pollard were in college. A huge mistake a lot of students 1L Staff Writer make is thinking they can do a resume on their As we all know, being a first year law student own with no knowledge of what a legitimate is one of the most confusing and challenging legal resume looks like. Start creating your times of our lives. You are faced with the legal resume by brainstorming and compiling question of how to handle your workload at all of your professional experiences and extra- school, while attempting to maintain a normal curricular activities. Bring a copy to your career life at home. After the first semester ended we counselor meeting but also upload a version all breathed a huge sigh of relief. Then, even onto Symplicity or email it to your counselor before your sigh of relief has finished, the before your meeting. During your meeting conversation for 1L students flips from talking you’ll learn how to tweak your resume to be as about workload and professors, to “how the effective as it can be. heck are we supposed to get a job?” One very big fear most students have is that they have no legal experience to add But ask half of all first year students and Thomas Jefferson School of Law they have no idea where to begin with a job onto their resume. Director of Career Services Past Career Fair at Thomas Jefferson School of Law. search. As a Thomas Jefferson student however, Beverly Bracker says that’s okay. Most first year we are fortunate to have a great team of career students are in that exact same position, and work before their first year and have not yet activities from the beginning of college up to this counselors at our disposal. And that’s where if they are not, the only advantage a student had the type of substantive experience you will very day. It is better to write down everything your 1L Guide to Getting a Job begins! with experience has is that they have been in learn during a summer internship. So, beef up you can think of, and then your counselor will First, meet with your career counselor. Do the environment of a law office. More often than not, students have only dabbled in clerical your resume with any relevant experience and not brush this off and think you can find a job 1L Job Tips, Continued on pg. 4 Phi Alpha Delta Meet & Greet
The Members of Phi Alpha schools in Orange County. Not only did we break single semester membership records last Delta head to Basic Pizza. fall, but we are also on pace to break the all- Chelsea Halpine-Berger time PAD membership records nationwide. It certainly is a great time to be a part of such a 1L Phi Alpha Delta great organization! On Thursday, January 27th, Phi Alpha This spring, the Franklin Chapter has a Delta hosted our Spring 2011 Meet and Greet, number of social events planned, such as with much success. The scene of the crime our first annual St. PADdy’s Day social on was Bar BASIC, right around the corner from March 16th. Additionally, we have a number the downtown campus, where we drew a of professional events planned, including crowd with the lure of “free” pizza and good our Etiquette Dinner on February 24th at the times. Current PAD membership was well- Westgate Hotel. PAD has also been active with represented, with 40-50 brothers and sisters a number of community service efforts in the Phi Alpha Delta joining the fun, including TJSL (Western last few months; such events include “Operation State) alumnus, Philip Shapiro, Esq. The 1L’s Thank a Vet” and our Christmas food drive to Phi Alpha Delta members at Basic Pizza were also out in substantial numbers with their help feed those less fortunate. We are looking attendance swelling to over 50 during the four forward to working with the Special Olympics hours we monopolized the venue. If this is any and Habitat for Humanity, along with another indication, it is apparent we are off to a good food drive this semester. start this semester and only hope to continue Apart from the Student Bar Association, Phi our successes from last fall! Alpha Delta is the largest student organization The Franklin Chapter of Phi Alpha Delta on campus, with just shy of 200 total members, was recently the recipient of Most Outstanding and we are always growing. We are constantly Chapter for District 30, which encompasses on the lookout for motivated and enthusiastic all of the San Diego law schools and several new members to help out, simply participate in the social and networking events or learn something beneficial and new from the professional events. All students are welcome to join! Please contact our Marshal, Eric Bernsen, [email protected], with any questions, or visit the PAD National website,www. padcommunity.org, for further information. Phi Alpha Delta The Phi Alpha Delta Executive Board at Basic Pizza New Building, Our Future One of the Student Bar Association’s goals The SBA highlights the the people and its faith, it is the people’s faith this year has been to obtain student access on that makes the church. Our law school is built faculty committees in order to give students importance of Student/Faculty upon the foundation of its students, faculty, a louder voice concerning school issues. We cohesiveness as Thomas staff, maintenance, and administration that have successfully gained such access and come to school every day with a mission in hope to begin a strong tradition of faculty- Jefferson continues its assent. mind. However, from time to time, a new student partnerships. Gaining access to faculty Jeremy M. Evans building will affect the way its people feel, react, committees is important primarily because these 3L SBA President and view the world. committees are where decisions are made that Thomas Jefferson School of Law’s greatest affect students. Being a part of these committees As we begin to settle into our new home, it attributes are its humility, accessibility, and allows students to aid and influence the decision should come as no surprise that we will reflect the diversity of its students, faculty, and staff, making process. on the aspects of the building that we like and while providing a world-class legal education. Before setting foot on the campus of Thomas dislike. Over the past few weeks, it has been a In consideration of the new building, a lot Jefferson School of Law, I made a promise that big transition from Old Town to Downtown has been discussed regarding American Bar by the time I graduated, I would have made a and this transition still continues today. Of the Association recognition and U.S. World News mark here and made it a better place to grow as many thoughts about the new building, let us & Report ranking, which is both important a person, learn the law, and meet new people. consider if, or how, the new building will affect and exciting. However, our law school offers Now, as my legal education at Thomas Jefferson the culture of Thomas Jefferson School of Law. something special to all potential students that is School of Law nears the end, I continue to I have always considered Thomas Jefferson not quantified by the “ranking.” An interesting reflect on the future of our law school. We must School of Law a home. As with many churches question to ponder is whether our increase in continue to find a balance between stature and across the country - the church does not make stature will decrease our accessibility? access, while striving for greatness. 4 The Jeffersonian February 2011
1L Job Tips, Continued from pg. 3 credit. If you’re completing units of academic credit through an externship you are eligible for weed out what is irrelevant. financial aid during the summer. Third, begin to work on your cover letter. If you were lucky enough to snag a job all on Cover letters take some work and are supposed your own and they don’t necessarily want to pay to always change based on where you are you, contact the externship office and see about the applying. This is usually your first impression. possibility of receiving credit for the job. This again This will be the document that explains why will allow you be become eligible for financial aid. you want the job, and also why you are the For those students who are especially best fit for it. Don’t know where to begin? At technologically oriented a specialized your career-counseling meeting take the cover technology oriented externship is available letter handout and begin dreaming up thoughts through adjunct Professor Randy Berholtz. of why you deserve the “golden ticket.” Your Option 3. Job Fairs counselor’s job is to help you market yourself in The next job fair on the horizon is for the best way possible, and the more you give them students especially interested in government. and yourself to work with (creativity people!), the Look for information soon on Government more satisfied you will be with the results. Career Day at Chapman. Students will be There are many avenues for discovering able to apply in advance to obtain a scheduled what jobs are out there throughout California. interview spot. Keep an eye on the career And for students who want to “go home” or services E-News publication and Symplicity for even to another state where they eventually more information. wish to practice, summer is a great opportunity Option 4. Research Assistant to get experience in that state. If you find that This option is definitely not for everyone. In Symplicity does not meet your needs, share order to be a research assistant you have to excel this with your counselor because they have academically. If you do particularly well in a abundant resources and can help locate out of class you may be invited by that professor to help state summer jobs for you. them in their research process. If you “click” We all know that money is an issue in law well with a professor you can also always ask. school. But do not sacrifice legal experience On occasion a faculty assistant will send out just to pay the bills. If your only option for legal an email with a request for a faculty assistant experience is unpaid, you have options! as well. Assistants are usually part of a federal Option 1. Work a paid job in the evenings work-study program and paid accordingly. and intern part-time gaining legal experience. As always, remember to network. You may Your counselor will tell you it is essential to have a distant aunt or cousin with great legal focus on getting legal experience. This summer connections you never knew existed. Make will build the foundation for your next, and sure the people in your life know you need hopefully more sophisticated, legal experience. experience. Remind your family and friends that If you end this summer with nothing to talk you’re in law school and looking for experience. about as far as legal experience goes, you are at And remember you’re not alone- utilize the a disadvantage. You can do both! Pursue a part- school resources. time legal internship and obtain a part time job Last but not least, don’t freak out! There is in retail or a restaurant or as an administrative time left to apply for summer jobs and plenty assistant in another office setting. Your of opportunities to go around. The first step is counselor will tell you that foregoing summer making your way in to see your career counselor school for experience is almost always worth it. and setting yourself up to excel. As law students, Option 2. Externships we are learning fast that we have to plan ahead The externship office at TJSL can point in a way we didn’t have to in undergrad. Part of you in the direction of a lot of opportunities. this planning process involves a team of people Professor Judybeth Tropp is the Director of that will guide you toward valuable experiences Clinical Externships which is a great place to that will help you work toward your long-term start. Not only do some of these positions pay, goals. Start gathering this team of people for the but you can also complete them for academic long-term. Good luck! 5 C You're Welcome Practical advice for law school and beyond Scott Greenwood | 2L Editor
Dear Scott, look great on College and Law School applications. Do you want real- METROPOLITAN MUSINGS world experience? Do you want to see exactly what it is a Law Student I’m having some trouble balancing my and Certified Legal Intern does? Sit in on real law school classes and learn valuable note-taking skills. Follow a Law Student to their A 1L’s internship with all of my classes this internship and assist them with exciting things like photocopying, semester. I never get to go out with my alphabetizing files, and stuffing envelopes. Must write legibly and follow directions. sketch of friends and I’m not even getting very [Note from Scott’s intern: First, I apologize for any grammatical good grades. Do you have any advice errors in this month’s work. I didn’t have time to proofread the commuting for making it work? articles since I had a paper due in homeroom on The Catcher in the Rye. Scott has been super nice to me but he has me working Sincerely, very hard. Second, I’ve learned so much being an intern’s intern this via railway. semester that I don’t even mind that I’m not getting paid.] Busy Law Student You’re Welcome, Scott Getting from point A to point B Dear Type A, and everything in between. Many students are able to balance school and work and are able Dear Scott, Michael Dykstra to put forth quality work in both. However, taking on too much may have detrimental effects on your social life. If this is a concern for Is it OK to take the elevator up/down 1L Contributing Writer you, consider internship possibilities. No, I don’t mean YOU working I live in Solana Beach. This would not be another internship; I’m talking about finding your very own intern to only one flight of stairs? relevant but for the fact that I do not own a car. work for you, and do the things that you don’t want to do (i.e. going As such, I rely on the Coaster train to commute to class, taking notes, making outlines, getting coffee, etc). Look for an Sincerely, to class. Southbound, I use the time to study, undergrad or even a high school student. I’m not saying this will work A concerned student as the Coaster is conducive to case briefing. for everyone but so far it’s worked well for me. Consider running an ad But once I transfer to the Trolley, I leave my on craigslist similar to this one: Dear Concerned Student, mobile study haven behind, and put my course Looking for that internship to put on your resume??? Internships No. materials away as the ride becomes more jolting and crowded. Two weeks into being a law student and I already feel as though I have learned a lot. However, this can probably be credited more to an inflated, sense of self-congratulation than anything else. Nevertheless, I have noticed that I am both looking and thinking about things in a different manner. This new perspective is due to the culmination of learning I am experiencing on any given day. While the majority of this learning comes by way of engaging with professors, casebooks, and fellow students, another aspect of it is derived from simply being enmeshed in the larger social fabric that surrounds us. While I am waiting to catch the Trolley at the American Plaza stop, a middle-aged woman sheathed in a peppermint patterned dress asks if I know how long the ride to the Border is. Before I have a chance to tell her I am a novice mass transit rider, the man to my left chimes in with, “An hour.” Despite the lingering gray skies, HOST A DRIVE he wears impenetrable sunglasses and cut-off Invite family, neighbors and co-workers to get involved and HOST A DRIVE! jean shorts with a Nike tank top. He is chewing Start collecting now and deliver your contributions May 3-9 to hungrily on a toothpick, which is somewhat ironic as the conversation turns to dentistry. Father Joe’s Home Office at 3350 E Street in San Diego. Apparently, the woman is heading to Tijuana For more information on hosting a drive, contact to get some dental work done. She caught the train down from Los Angeles. She says she’s got Ryan Pocock at (619) 446-2119 or [email protected]. a pretty good guy down in TJ, totally legitimate, and much cheaper than any dentist in L.A. She pronounces her dentist’s name with the correct PRIMARY NEEDS SECONDARY NEEDS Spanish accent and the man with the jorts fails miserably to mimic her pronunciation. She then Diapers (Large Sizes) Diaper Rash Cream confesses she does not have a passport, but that Baby Wash Baby Powder because she is an American, they will have to let her back in the country. She is aware of the new Baby Shampoo Teething Rings laws, but presumes there is no possible way they Baby Food/ Formula Bottle Warmers could apply to her. Onesies Educational Toys I board the Trolley and scan for an open seat. There is one, although the man sitting Baby Wipes across from it suggests that maybe it is not Baby Bottles actually open, with his legs extending out like barricades. I could just stand, but I would like to sit. I approach said man anticipating that he will retract his legs so I will not have Gifts for Mom to crawl over him. He does not. After pausing for a moment, I then carefully move to step Spa Treatments over his legs when he reacts violently. “NEXT Hair Styling TIME, SAY EXCUSE ME MAN. I’ll let you Manicures pass, I’ll let you pass. NEXT TIME SAY EXCUSE ME MAN,” he shouts, loud enough Facials for the rest of the trolley car to hear, although Gift Baskets I do not look around for proof. All I am able to muster in return is a meager, “Alright.” I did Jewelry not think I was in the wrong. The eye contact Perfume we made sufficiently provided my intent to sit Flowers as well as his acknowledgment of that intent. Additionally, the fact that his headphones were blaring discouraged any attempt at a verbal
Commute, Continued on pg. 6 6 The Jeffersonian February 2011
Study: 67% of San Diego drivers lack basic skills Confirms what most already knew. the condition of anonymity. use them on a regular basis. Franklin Moss of initiative of the 1980s that failed because drivers The study, which was conducted over a North Park admitted: “I guess they’re useful overwhelmingly chose the “or Ticket” option… Scott Greenwood 5-year period, examined data from over 10,000 sometimes like when I want to cut across 3 or We tried again with Operation Enduring Turn 2L Editor hours of traffic footage and included interviews more lanes of traffic to get to a highway exit, Signal in the early 2000s but that too was a with hundreds of San Diego residents. The or when I want to use my car as an instrument failure.” SAN DIEGO – According to a new study details are varied but a vast majority of drivers to play along to my music with. If they didn’t The one bright spot of the study revealed published in the quarterly journal California Road were taken by surprise at the mention of turn make that annoying clicking noise I might use that most San Diego drivers were aware of their and Pavement, 67% of San Diego drivers “didn’t signals. “Those blinkering things? They cost them more often. Or I might not.” brake pedal and nearly 97% know how to honk even know their cars had turn signals.” “This extra at the dealership, right?” asked a puzzled The California DOT official speaking a horn. In light of this information, California is disturbing news, but certainly not surprising Shirley Walker of El Cajon. anonymously shed some light on past attempts DOT’s new program aimed at decreasing to anyone who has spent any time on San The study also found that while 20% of to make San Diego roads safer. “We’ve tried accidents will focus less on turn signals, and Diego Roads,” said a California Department drivers were aware of turn signals and the in the past to raise awareness of turn signals. more on braking and horn use. of Transportation (DOT) official who spoke on purpose they served, they simply chose not to You might remember the “Blink-it or Ticket”
dash of ginger. I quickly realized if I had more than one of these, I’d be drunk. Not Your For the main course, I went with a small 8 oz filet. You simply order the cut of steak you like, and how you’d like it cooked, but that is as much say as you get. The accompaniments are a Average surprise; you get what they are serving that day. And speaking of ‘they,’ the kitchen itself was impressive. The dining area was bordered by the kitchen, but with no wall between the two. You Steak- could sit at your table, sipping on a delightfully strong bourbon cocktail, and watch the four chefs prepare your meal in an impeccably clean stainless steel kitchen. Our waiter continued house to stop by at all the right times to refill water glasses, bring more bread rolls, clear silverware East Village’s Cowboy Star Takes and plates without disturbing the delightful conversation we were having. You Back to the Wild West And then a beautiful thing happened; one Sarah Stewart-Bussey of my favorite songs drifted through the air as 2L Editor if the original record was playing across the room. I had noticed the music before that point, It was just like the old Western movies. I even commenting on a few good songs here and stepped in from the ‘California cold’ into a there. They played mostly old country music fireplace-warmed cabin. The tantalizing scent (and by old I mean nothing newer than Loretta of grilling steaks and freshly poured bourbon Lynn’s ‘Coal Miner’s Daughter’) and some wafted through the air. I wondered if I had I great big band and swing classics. But once Sarah Stewart-Bussey entered heaven prematurely. We were quickly Kitty Wells and Red Foley’s duet ‘One by One’ greeted by the hostesses, and offered water while Sarah Stewart-Bussey and Guest at Cowboy Star floated through the restaurant, I knew I had we waited. My date ushered me over toward a found an amazing place that I would certainly loveseat that resembled something you’d find bartenders were decked out in western style compared to the drink menu. It included a few frequent in the future. The pièce de rèsistance on a porch on the American frontier circa the button down shirts with pearl snaps. appetizers like sweetbreads (which I wrongly arrived shortly thereafter, a filet accompanied 1800’s. The seat was worn, soft leather, with the As soon as we were seated, we were surprised thought meant a bread item), braised pork with a heap of fluffy, creamy mashed potatoes back made of a brown and white spotted cow with a delicious treat: a bite size brioche lightly belly, and salads. I opted for the Farmers’ and crisp asparagus. The plate was quite simple, hide. The coat hanger rested in the corner—a dusted with parmesan cheese. Just a simple, Market Lettuce Mix, in hopes of offsetting the yet elegant. No unnecessary items on the plate; slightly mangled tree branch with horseshoes salty snack to whet the appetite, and I thought, a abundance of calories I was about to consume. just meat, potatoes and a vegetable. And all nailed to it. very classy touch. And then the truly impressive I know, its twisted logic. Regardless, the salad cooked just right. My steak cut like butter, the Now, these first few observations may come service began. Our waiter hailed from Florence, was as light and fresh as I had hoped, sprinkled asparagus was crisp but not underdone, and the off as campy decor. Why in the world would a and I have never had a waiter as attentive as this with goodies like shaved asparagus, toasted mashed potatoes were delicately whipped and restaurant so intensely pursue a Western theme? gentleman. He quickly brought us our menus, almonds and cheese made from sheep’s milk. didn’t need any extra toppings. Aren’t they afraid of coming off as cheesy? But served our choice of roll (sourdough or wheat) But the true show stopper was on its way—the In a world full of restaurants that no, Cowboy Star nailed it. The wood log cabin and asked for our drink order. He was eager to Orange Blossom Special. This was what I like overdramatize the presentation, or over style décor was just enough. The scattered old explain any menu items we were curious about, to call a man’s drink, a truly well made cocktail. garnish the food itself, this beautiful plate was Western movie posters featuring Gene Autry and was truly enthusiastic about what the As my drink of choice is usually scotch, refreshing. Cowboy Star harkens back to the old and John Wayne were sparse, and expertly Cowboy Star had to offer. calling something a ‘man’s drink’ is definitely frontier of the Wild West, while simultaneously placed. A few weather worn cowboy hats were As for the drinks, they are an experience in a compliment. It being served a girly martini bringing you decadent cuts of meat, simple yet hung on the wall in the bar area; a perfect themselves. With names like ‘Orange Blossom style glass did not deter me. The first sip was complementing side dishes and stiff, well made place to hang your hat. Even the waiters and Special’ and ‘Kentucky Coffee,’ you simply can’t deceiving. The smooth bourbon was quickly cocktails. What more could you ask for? go wrong. The dinner menu is quite concise detected, followed by a note of orange, then a
Commute, Continued from pg. 5 a law. Yet it is easy to see how social norms can influence and encourage certain behaviors agreement. over others. Because Native Americans can After class I travel northbound on the exercise their sovereignty in ways that the Coaster. New company sits down in the seats larger citizenry cannot, not all laws are applied beside me at the Sorrento Valley stop. I am uniformly across all jurisdictions. For instance, reading a magazine, though I am drawn more if this rite of passage was enacted in one of our toward my fellow passengers’ conversations. public schools, it would likely violate a number My magazine provides a thinly veiled decoy of laws. What happens when one of these for my eavesdropping tendencies. They discuss crumbling cliffs completely falls to the ocean? the difficulties of raising children and one of Does one still own land if it doesn’t actually the men starts describing a Native American exist atop a cliff but instead is dispersed in the rite of passage in which he participated some ocean? If the man is indeed drinking a beer, is years ago. He said he was not yet a man, and it legal for him to do so? Drinking alcohol is that this is partly how he became one. Over the prohibited on all San Diego City beaches, but in course of four days in the wild, he and others the City of Del Mar it is legal to drink alcohol were not permitted to eat or drink anything. No on the beach only during specific months of the exceptions. I picture myself struggling in such year. Does this rule apply strictly to the beach, an environment—man or boy. or does it also include beach access trails? Warm sunlight floods the windows of These are not terribly important things to the train as we steadily approach the coast. ponder, yet these are the kinds of details I am The seemingly infinite Pacific welcomes Gary J. Wood finding myself thinking about. As most of us my imagination as it too seems to know no The San Diego Trolley traveling through downtown are busy with classes and a number of other limits. I see a number of nice homes perched things going on simultaneously, it is easy to feel precariously atop crumbling cliffs overlooking a bit detached from the larger world around us. the water. Adjacent to these homes I see a man observations can be seen merely for what they client of yours will have the same attitude as the But it is nice to be reminded now and again imbibing in what appears to be a beer on a are. However, as my time at Thomas Jefferson woman traveling to TJ for dental work. That is, of what all that studying will eventually apply beach access trail. has already shown, nearly everything is dictated one in which rules simply do not apply to them. to. Looking around, there appears to be no Essentially, all these episodes and in some form or another by laws. Perhaps a future Offering an “Excuse me” is a social nicety, not shortage. 7
I strenuously object to posting up Objection to the high Objection to that TJSL at a study nook, studying for an expense of printing - other alum in New York who hour or two, and then discovering universities are free. My tuition got interviewed for the D the outlet is useless… New York Times article. isn’t high enough? You made us look bad and you clearly were not Objection to my iPhone Objection to No Objection Objection to people who focused on the bigger not connecting to our “super complain about their jobs. If picture while you were Clin Ed when you get an to the hi-tech” school Internet externship. Barrister’s Ball. you don’t like it, quit! In this in law school. economy someone else would be happy to take your place. Objection to there being no Objection to having formal announcement about Objection to people not my car locked in the Padre doing their homework Dean Mead’s resignation. Objection to students throwing Lot. What happened to 24 hours?!? before applying to law recyclables in the black trash Editor’s Note: I believe it’s only school. Yes there’s a bell Objection to the new printing bin when the blue recycling bin for students who paid for the curve and yes some of you system that does not recognize the is right next to it! monthly pass. will fail out. Probably means money I still had on my old card. you should study more…
No Objection objection to Objection to students who to whoever is the eye candy at OBJECTION! spend time playing on their stealing my Netflicks FIT! Compiled by Sterling Williams, 3L computers during class instead from the outbox at my of paying attention. And we apartment. Mail fraud Got an Objection? wonder why our bar passage is kind of a big deal Objection E-mail: [email protected] rate is so low! buddy!!! to the 10 pages No objection to of instructions BarBri changing their start date for Objection to TJ not buying needed to print TJ Students. into the early BarBri course. a one page Objection Guess what others schools document. to the printers have in San Diego…Yea, I’m Objection still not talking about the ones with to the school working. the higher bar passage rates! charging for lockers!