February 2004 the Student Newspaper at Cleveland-Marshall College of Law
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Exposing the Naked Truth All Aboard the Tech Train Dare to Drool at School What do Cialis, The RIAA’s concerns The art of sleeping in Janet Jackson, cannot all be blamed on the law library cannot ‘Lil Kim and nude fi le sharing. The industry be perfected until an beaches have in best get on board with effective way to capture common? The Apple and Pepsi, who drool is achieved. The barely bearable truth put a new twist on legally Gavel explores sleep’s exposed inside. downloading mp3’s. disgusting byproduct .dbajobs.com www.dbajobs.comwww www.askbj.comwww.askbj.com www.bbc.com OPINION, PAGE 6 CAREER, PAGE 5 OPINION, PAGE 7 THE GAVEL VOLUME 52, ISSUE 4 FEBRUARY 2004 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW Bar Exam U-pass “vote” attack planned By Amanda Paar blindsides C-M LAYOUT EDITOR By Eric Doeh students approve or disapprove Dean Steven Steinglass and a STAFF WRITER of U-pass. faculty committee have proposed This spring, Cleveland-Mar- The controversy about U-pass a new plan to increase C-M’s bar shall College of Law students’ stems from the fact that a full-time passage rate. The core of the plan, tuition bills increased by $15 student is charged $15 regardless according to Steinglass, is simple; without warning. The hike is the of whether the student uses the that is, to send the message to C- direct result of a plan between RTA. M students and faculty that law Cleveland State University and This spring, CSU unveiled its school and the Bar Exam are very RTA to create U-pass. U-pass program. U-pass allows diffi cult. Many law and graduate stu- full-time undergraduate, gradu- Because of the high correla- dents did not even know that the ate and law students to ride on tion between law school grade Student Government Association all Greater Cleveland Regional point averages and fi rst time bar (SGA) was conducting a survey Transit Authority buses and rapid passage rates, both law school for U-pass. Nick DeSantis, SBA trains during the semester for a and bar exam preparation must be speaker of the senate, said that the one-time fee of $15. taken seriously. law school was not represented in To qualify for the program, Next fall, Bar Exam resources Jason Smith-Gavel any of the U-pass debates. an undergraduate student must are expected to expand with the DeSantis and Sasha Markovic, be enrolled for at least 12 credits, addition of a bar exam prep coor- Turow vacillates at deathʼs door SBA president, expressed their while a graduate or law student dinator to C-M’s payroll. Stein- Best selling author, Scott Appellate Defender’s Com- disbelief about SGA’s failure to must be registered for at least glass said that this administrative Turow, conceded that imple- mission, which oversees the provide prior knowledge about eight credits. position will provide a conduit for mentation of the death penalty is state agency that represents U-pass. DeSantis said that no U-pass was introduced to the students and faculty to express bar not an issue dismissed without indigent criminal defendants representative from the law school CSU faculty senate on Feb. 7, exam concerns. looking at both sides. and their appeals. was present when SGA voted in 2001 by Norman Krumholtz, ur- Another aspect of the plan, ac- Turow visited C-M on Feb. Law students are familiar favor of U-pass. DeSantis also ban studies professor. Krumholtz cording to Steinglass, is to avoid 4 to deliver “Confessions of a with his novel One L, which said the SBA has not decided on became involved with U-pass grade infl ation. Steinglass said he Death Penalty Agnostic.” describes Turow’s fi rst-year a course of action as of yet, but because of a thesis written by one will continue to strongly encour- Turow is currently the at Harvard law school. was considering perhaps taking of his students, Henning Eichler. See RESULTS, page 2 chair of the Illinois State Turn to page 2 for more. a survey to fi nd out how many See U-PASS, page 3 U SH Moot Court Team enhances reputation O O By Jason Smith Moeller also received the award Brian Kostura, 3L, and Jennifer U Outside MANAGING EDITOR for second best overall oralist Seme, 3L, also competed in the Y L L In a series of recent competi- in the competition. The team of regionals competition, making it D D the tions, C-M’s Moot Court Team has Bobby Botnick, 3L, and Marcus to the quarterfi nal round. W W maintained its highly respected Misinec, 3L, made it through the Earlier this year, C-M’s team K K O O N N national reputation. The team has fi rst two rounds of competition but of Abby Lill, 3L, Nathan Wills, classroom... traditionally placed high in the were eliminated amid controver- 3L, and Leo Wetula, 3L, garnered national competitions it enters sial judging and scheduling. the Best Petitioner’s Brief Award “Why Not Polygamy?” each year. This year has been no C-M’s team of Brendan Doyle, at the John Marshall Law School Tuesday, Mar. 2 exception. 3L, Dean Williams, 3L, and Sieg- Competition in Information, Tech- Prof. Dena Davis questions: if civil unions can be between Most recently, two teams mund Fuchs, 3L, also competed nology and Privacy Law. two men, two women, or a man and a woman, then why not from C-M’s Moot Court Program this month in New York at the This weekend, the team of between one woman and two men or one man and two women? returned from the Tulane Mardi Nationals Competition where Nick DeSantis, 2L, James Mar- Prof. Davis asks whether there exist any constitutional grounds Gras Sports Law Invitational in they argued complex trademark tines, 3L, and Christos Georgalis to deny this practice. New Orleans. The argued posi- and First Amendment issues. 3L, will head to Cambridge, MA tions centered on complicated The team went undefeated in oral to compete at Harvard University The American Civil War. Civil Liberties and antitrust issues surrounding al- argument rounds, at one point in an Animal Rights Law Competi- Retribution, Parallels With Today legations that college football’s receiving a nearly perfect 99 out tion. C-M will also be sending two Tuesday, Mar. 30 Bowl Conference Series (BCS) of 100 score. The University of teams to the American Bar Asso- Today’s headlines are full of stories about challenges to civil in college football violates the South Texas ultimately prevailed ciation’s Tournament in Atlanta, liberties, possible prosecutions for war crimes and the incar- Sherman Antitrust Act. The team in the competition. This same GA. Both ABA teams, including, ceration of suspected belligerents without charge or trial date. of Kyla Pavlina, 2L, and Colin C-M team placed second at the Amy Scheurman, 2L, Nora Gra- Profs. Keating and Slinger will look back at some of the more Moeller, 3L, received the Second regionals competition this fall. ham, 2L, and Terry Billups, 2L, dramatic events of the Civil War and compare them to events Runner Up Award, placing in the Fuchs also took home the second Max Dehn, 2L, Sara Govrick, 2L, happening today. fi nal four teams out of the 36 teams place oralist award at regionals. and Dristine Koontz, 2L, will head competing from around the nation. The team of Susan Taylor, 3L, to Atlanta Mar. 4-6. THE GAVELGAVEL Page 2 LawLaw February 2004 New “plan” Fiction author tackles divisive reality By Jason Smith Guilty, The Laws of our Fathers, prudent and appropriate for the and therefore do not care if they battles bar MANAGING EDITOR Personal Injuries, and Reversible most heinous of crimes.” How- are put to death. Furthermore, he death penalty is one Error. These novels, based upon ever, as a result of later experi- Turow explained that statistical Tof the most hotly debat- his real experiences as a lawyer ences, Turow’s view on the death evidence does not support this ar- exam woes ed issues of our time. Everyone in Chicago, have been translated penalty evolved. gument. “Murder rates dropped has an opinion either strongly in into more than 20 languages and, After leaving the prosecutor’s faster in states without the death By Steven H. Steinglass favor of or strongly opposed to have sold approximately 25 mil- offi ce, Turow worked on several penalty than in states without In the early part of the fall this form of punishment. Re- lion copies worldwide. cases involving death row inmates. it,” said Turow. Also, Turow semester, I appointed a special nowned author, Scott Turow, Turow’s most recent literary In 1999, Illinois Governor George said that Texas, notorious for its faculty committee for the purpose spoke on the topic at C-M’s endeavor is a non-fiction book Ryan appointed Turow to sit liberal use of the death penalty, of taking a thorough look at the Criminal Justice Forum Lec- entitled Ultimate Punishment: on the Illinois Commission on has higher murder rates than the Ohio Bar Exam and developing a turer series on Feb. 4, 2004. A Lawyer’s Refl ection on Deal- Capital Punishment, a commis- national average. strategy for improving the perfor- Turow is a partner in the ing with the Death Penalty. His sion responsible for examining Turow also discussed several mance of C-M graduates on it. The Chicago office of Sonnen- presentation at C-M, entitled the administration of the death “celebrated” diffi culties with the Bar Exam Committee, chaired by schein, Nath, & Rosenthal LLP.