○○○○ Prep me ○○ Veterans Day Primer Reviewing the Bar ○

With an ever increasing ○○○ In memory of 3L Frank Cwiklinski, the Gavel Reviews emphasis placed on presents his “Veterans Day: A Full ○○○○○○○○○○ Bar/Bri? Rossen? PMBR? ANARCHISTBLACKCROSS.ORG passing the bar and bar ○○ History.” Cwiklinksi was a What is the difference, and preparation, students Veteran, and explained do the differences really want one thing: to learn ○○ Nov. 11’s significance in matter? When it comes ○○○○ CORBIS.COM what will be tested on the Dec. 2000 issue of the to bar reviews, which M E D .Y A L the Bar. Gavel. gives an edge? E .E D OPINION, PAGE 6 OPINION, PAGE 7 CAREER, PAGE 4 U

VOLUME 51, ISSUE 3 NOVEMBER 2002 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW

Moot Court AFLAC cries “foul” teams hit with one, over political squawk two punch By Jay Crook Soon after the “Taftquack” STAFF WRITER website debuted, AFLAC filed By Donna M. Holland and The 2002 election season has suit in the Northern District of Christopher Friedenberg come and gone, with Gov. Bob Ohio. AFLAC accused Hagan of STAFF WRITERS Taft defeating Tim Hagan in a federal trademark infringement, On the heels of another suc- decisive contest. Yet one of the as well as trademark dilution. cessful Moot Court Night, two hottest issues remains--what Judge Kathleen O’Malley, who Cleveland-Marshall teams fin- about “Taftquack?” was assigned to the case, heard ished the Regional Finals of the “Taftquack,” a creation of the oral arguments on the issue of American Bar Association’s an- Hagan campaign first made his both a temporary restraining or- nual National Moot Court Com- appearance on a website at der (TRO) and a preliminary in- petition with the top two briefs. taftquack.com in early Septem- junction (PI). After the dust had Team Two, 3Ls Mark Gould, ber. While this site was not the settled, Hagan was victorious, Rhonda Porter and Don Herbe homepage for the Hagan cam- but the fight may not be over. won the best overall brief in the paign, a link led websurfers to The driving issue of the case region with their “Best Hagan’s site. The “Taftquack” revolves around the trademark Respondent’s Brief.” Team One, character is a cartoon compos- dilution cause of action created 3Ls Renee Davis, Michael

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M Petitioner’s Brief.” voice. The duck’s body and use by defendant is commercial Because competition rules voice were highly reminiscent of and causes “dilution of the dis- indicate that only one team from Nader weighs in the popular AFLAC television tinctive quality of the mark” the same school may advance to spots, also featuring a duck. through “blurring” or the National Competition in Shortly after learning of Law Career Fair and Confer- A number of spots including “tarnishment.” On all of these New York, the two C-M teams Senator Paul Wellstone’s ence in Washington, D.C. C- the “Taftquack” figure were run criteria, O’Malley found in favor argued against each other for the death, consumer-advocate M students and faculty were by Hagan. Taft eventually incor- of AFLAC at both the TRO and chance to move on. Team Two Ralph Nader delivered the on hand to network and learn porated the idea into some of his PI hearings. There are however won, and will advance to the keynote address of the Equal from stand-outs in the field. own spots, featuring a different three exceptions to the statute, in See MOOT COURT, page 2 Justice Works Public Interest Turn to page 4 for more. duck. See TAFTQUACK, page 2

YouYou Programming academic success Does C-M Should Pass By James Lucas The program also includes cording to Williams, approxi- the Bar? STAFF WRITER small groups of program partici- mately 75 percent of those in- Know In the admissions process, candi- pants studying with teaching as- vited participated in the volun- By GAVEL STAFF dates vie for a limited number of seats sistants. “Under the small group tary program. C-M’s July 2002 Bar Exam passage rates in the nation’s law schools. Admission method, students will learn to The program is not offered to officials weigh undergraduate GPA and analyze facts and think clearly,” every first year, Williams admits. Overall: 60% LSAT scores. However, a new program said Williams. Williams notes, “There is a limited budget for the First time takers: 73% implemented by C-M emphasizes fac- however, that the program is not program and teaching assistants Repeat takers: 25% tors including the candidate’s life expe- designed to be a review session must be paid.” It is hoped that GPA 3.0 or higher: 91% riences and ability to overcome adver- of any particular course. the program, as well as the bud- GPA lower than 3.0: 47% sity. Rather, the program seeks to get that sustains it, will grow. The Academic Success Program was provide students with the assets Enthusiasm in the project is The Ohio State University scored the overall introduced by the Department of Stu- needed to practice as an attorney. shared by Associate Dean Jack highest pass rate with 87 percent, and the highest first dent Affairs this semester for 1Ls. Ac- “The purpose is not to teach sub- Guttenberg. “We think it can time pass rate at 90 percent. The University of cording to Assistant Dean for Student stance, but skills,” said Williams. help a lot of people do better.” Cincinnati scored a 79 percent overall pass rate, with Affairs Gary Williams, similar programs Additional goals include student C-M officials believe the pro- a first time pass rate of 80 percent. Case Western have been around for years. retention and an improved bar gram can bring in excellent can- Reserve University’s overall pass rate was 75 “Beginning in 1992, law schools passage rate. didates whose capacity to excel percent, with an 81 percent first time rate. across the country started to become “The students who were in- in law school are found in quali- Ranking below C-M were, the University of interested in ‘nontraditional’ admits,” vited were invited based upon ties other than high GPA and Dayton with a 58 percent overall rate and Capital said Williams. “More was taken into GPA, LSAT and other consider- LSAT scores. The program is University with a 56 percent overall rate. account than just GPA and LSAT scores. ations,” said Williams. Atten- designed to bring in applicants The whole person was looked at rather dance has not been a problem to whose personal qualities evince than principally numbers.” those extended an invitation. Ac- potential for success. THE GAVEL Page 2 Law November 2002 Bar Pass Duck ruffles feathers Rates Up Campaign catch-phrase raises noncommercial speech issues

By Steven H. Steinglass Continued was politi- Results of the July 2002 Ohio from page cal, and was Bar Exam were posted Nov. 8. 1-- thus entitled With this in mind, it seems a which a nor- to the high- good time to mally est level of write about dilutive work protection what C-M is do- is allowed. under the ing to prepare Critical First students for the among these Amend- Bar. exceptions is ment. The Bar the provision O’Malley Exam, like law protecting turned to the school, is diffi- The “noncom- legislative cult because the mercial use” history to re- Dean’s profession and

of a protected TAFTQUACK.COM solve this is- the public de- Column mark. sue, con- mand it be diffi- In addi- cluded that cult. There is too much at stake tion to this is- political for it to be otherwise, but every sue, many is- speech, as C-M student has the ability to sues of first impression were and intellectual property meaning and be narrowly defined. exemplified by the First Amend- succeed in law school, to pass raised regarding the construc- rights on the other. AFLAC Despite its political nature, be- ment guarantee that created the the Bar Exam and become an ac- tion of the statute itself. The insisted that because “com- cause “alternate forms of expres- exception, had an even greater complished attorney. first issue was whether politi- mercial use” was necessary to sion” were available, Hagan had entitlement to protection than the In recent years, C-M cal fund-raising was a “com- activate the statute, the excep- no right to use the AFLAC mark. expressive or artistic speech ex- strengthened our program of le- mercial” act. On this, tion must have a different Hagan countered that his speech amples given by Congress. gal education to make passing O’Malley found again Despite Hagan’s win, the Bar more likely. This in- in favor of AFLAC, AFLAC did not walk away cluded expanding the first-year citing many cases empty. During the course of the Legal Writing and Research Pro- If the use of the trademark where nonprofit arguments over the preliminary gram, introducing a third re- activity had been injunction, the bench raised the quired semester of legal writing, must be “commercial” in found to be issue of “mootness.” strengthening our program of “commercial’ nature, what exactly is AFLAC argued strongly academic assistance and using under the mean- against the issue being ruled more bar exam-type testing. We ing of the statute. “ noncommercial” moot, citing the never ending resisted grade inflation, urging This left only string of campaigns, and the faculty to use the full range of the question of how speech? The battle lines long reaching effect of the rul- grades. to define the excep- ing on the value of its mark. There are encouraging signs tion. When Congress were drawn with First Hagan countered that the issue that these measures are effective. exempted “noncom- was limited solely to the cam- For example, the 2002 graduat- Amendment rights mercial” use from the paign at hand, and that there ing class had a 74 percent pass statute, what exactly would be little value to Hagan rate. Moreover, first-time pass on one side and did it mean? If the use of arguing the case after the elec- rate on the July 2002 Bar Exam of the trademark must be tion. for the full-time students who intellectual “commercial” in nature to O’Malley ruled not only was entered in 1999 was 84 percent. even meet the first part of the issue not moot, giving The most significant thing property the dilution test, then what ex- AFLAC a right to a full trial on we learned is that the best pre- actly is the “noncommercial” the issue, but that the issue of dictor of success on the Bar rights on the speech referred to in the excep- money damages had not been Exam is success in law school. tion? TAFTQUACK.COM addressed at all. AFLAC has not For the last six graduating other. On this question, the battle indicated whether it intends to classes, the pass rate of students Taftquack’s resemblance to lines were drawn with First appeal the verdict or to com- graduating with at least a 3.0 the AFLAC duck raised Amendment rights on one side mence with a full trial. GPA was 91 percent, while the Constitutional issues. rate of those with a GPA lower than 3.0 was 47 percent. Our review of bar perfor- mance reveals that, in the last MOOT COURT: Lombardo receives annual Alum Award three years, part-time students have not done as well as full- Continued from page 1-- declared Hunter best oralist of the tune- in five to six interscholastic appellate ad- time students. On the July exam, finals in late January. up for the Regional Finals. vocacy competitions annually, including 83 percent of our full-time stu- Before their competition success, Moot After oral arguments, Vincent T. the National Competition. Prof. Stephen dents passed, while only 65 per- Court members sparred before a hot bench of Lombardo ’81, was presented with the Gard serves as Nationals team advisor. cent of our part-time students distinguished jurists at C-M’s annual showcase second annual Moot Court Alumni of the According to Moot Court Advisor, passed. Because part-time and of its Moot Court program on Nov. 7. The Hon. Year Award by Prof. Steven Werber. Prof. Karin Mika, C-M teams hold a na- full-time students are admitted James G. Carr and Hon. Patricia A. Hemann Lombardo has been an active C-M Law tional reputation for excellence based on based on identical criteria, we ‘80, both of the United States District Court for Alumni Association (CMLAA) member their successful performances, as illus- believe the disparity is best ex- the Northern District of Ohio, and Hon. Anne for many years. trated by numerous first place team and plained by the different obliga- L. Kilbane ‘76, Ohio Court of Appeals, 8th Dis- As a strong advocate of Moot Court, brief awards over the past 20 years. tions these groups face. Never- trict presided. Lombardo volunteers to judge practice Last year’s C-M team of Nancy theless, for both part-time and Petitioner’s Counsel, Hunter and McGill, rounds for Moot Court teams. Upon re- Berardinelli ’02, 4L Denise Salerno and full-time students, the message squared off against Herbe and Porter for the ceiving the award, Lombardo invited cur- Peter Traska ’02 placed in the final four is the same: Respondent on Fourth and Eighth Amendment rent law students to participate in Moot of at the 2002 Nationals. Students should make prepa- issues. Team members withstood intense judi- Court, which he called “the crown jewel According to Mika, Moot Court com- ration for the Bar the highest cial scrutiny from a bench who demonstrated of Cleveland-Marshall.” petition is tight. Over 100 1Ls submitted priority. Take a review course, commanding knowledge of the questions pre- The Moot Court program is adminis- writing samples last year and only 16 are take time off from work, say sented. tered by its Board of Governors, 2 and invited to present oral arguments. Only good-bye to friends and family Upon conclusion of the arguments, the court 3Ls who won membership through intra- half of those oralists garner Moot Court and study, study, study. held for the Respondents. The three judge panel mural competition. Governors participate membership. THE GAVEL
LAW NOVEMBER 2002
3 Ulmer & Burne awards excellence in advocacy 2L C-M students Brendan valuable and gratifying that Law Student Association Westminster University in Lon- Doyle, Siegmund Fuchs, my membership on Moot Notes ($100), The Journal of Law and don, England will teach a course Christos Georgalis, Bryan Court Board of governors Health ($1,200), Law Review on Comparative Legal Process. Kostura, Susan Parker-Taylor, while I was in law school.” inin BriefBrief ($500), Moot Court ($500), Stu- Lynch-Fannon’s course will Leopold Wetula and Dean Will- dent Public Interest Law Orga- explore EU structure, labor mar- iams were awarded the 2002 VISITING SCHOLAR nization ($2,500) and WLSA kets and laws, comparing them to Ulmer & Burne Moot Court As- First Amendment Rights ($1,500). their counterparts in the United sociate Member Scholarship Advocate and Professor of Me- nounce its total funds raised States. This is the first time this Award. dia Ethics and Law at the Uni- through the event to the C-M “LAW DAY” AT THE INN course will be taught at C-M. The recipients, all of whom versity of Minnesota, Jane E. community. On Nov. 8, 12 C-M students Webb’s course will explore are members of C-M’s Moot Kirtley visited C-M Oct. 17 as and Pamela Daiker-Middaugh, the legal traditions of common Court Board of Governors, were part of the 75th Cleveland- 2L IN NATIONAL NEWS attorney for C-M’s Law and law, civil law and various selected based on overall brief Marshall Visiting Scholar’s 2L Carl Rose is featured in an Public Policy Program, spent schemes of indigenous law from writing and oral advocacy skills Fund. Kirtley delivered the Vis- article of the October 2002 issue the day at the Friendly Inn Com- a comparative perspective. in last spring’s 1L Moot Court iting Scholar lecture entitled of National Jurist, “Blindness no munity Center on the near east competition. “Secrecy and Security are not barrier to legal success.” In the side. The purpose of their visit SBA SOCIAL SCENE “The recipient of this award Synonymous: Freedom of the article, Rose is quoted as saying, was to participate in “Law The SBA held two well at- is a testament to each of the stu- Press in the Post 9/11 World.” “It’s a great occupation for the Day,” providing children with tended social events outside of C- dents’ hard work, skills and dedi- Kirtley also met with students, visually impaired. We get paid to information about college, law M in the past month. On Oct. 31, cation,” said Maria Citeroni, an taught a joint-Constitutional talk and write.” school and legal careers. C-M students packed Becky’s for associate with Ulmer & Burne, Law class in addition to speak- SBA’s Halloween Party. Most re- and manager of the award pro- ing with C-M alumni. SBA FUND ALLOCATIONS NEW COURSES IN SPRING cently, C-M students headed gram. “ The recipients receive a SBA awarded funds this year CURRICULUM down to the Warehouse District cash stipend as part of the re- ON THE AUCTION BLOCK to the following organizations: Two professors from across Nov. 16 for SBA’s pre-finals so- ward.” The Women Law Students’ Asian/Pacific Islander Law Stu- the pond will be teaching cial. Citeroni was one of the first Association held its annual silent dent Association ($1000), Black courses in comparative law in award recipients when she was auction from Nov. 13 through Law Students Association spring semester. Prof. and Dean Compiled by Colin Moeller. a C-M student. “The program Nov. 15. Items being auctioned ($3,500), Delta Theta Phi Ireane Lynch-Fannon of the helps to prepare student’s for the off ranged from art work, sports ($1,500), Environmental Law University of Cork, Ireland will Tips for Notes in Brief may be real-life appellate courtroom ex- memorabilia, bar review courses Organization ($800), the Gavel teach the Employment Law submitted to the Gavel at, perience,” said Citeroni. “There and dinner with numerous C-M ($3000), Hispanic Law Student Seminar: US/European Com- 687.4533, or via e-mail, was no experience that was more professors. WLSA has yet to an- Association ($100), International parisons. Prof. Julian Webb of [email protected]

One of C-M’s newest 1Ls, fmr. Be a part of the biggest U.S.paper Rep. Mary Rose Oakar. on East 18th Street(south of Superior) . We may not be as prodigious as the Plain Dealer, but we are the most accessible publication our law students produce.

And recently, the most successful. Writers, photographers, illustrators, Join Us.

Come to our meeting and staff training session, Tuesday, 216.687.4533 Dec. 3 at 4 p.m. [email protected] LB 23 THE GAVEL Page 4 CareerCareer November 2002 Patience prevails in Public interest balances scales job search 4L English elected to Equal Justice Works top post

By Karin Mika By Ed Pekarek has been an advisor to the C-M Fair Hous- LEGAL WRITING PROFESSOR NEWS EDITOR ing Clinic as they prepare to test Q: When should 1Ls look for A cadre of C-M students traveled to the boundaries of the summer jobs? Washington, D.C. for the Equal Justice Fair Housing Act be- A: I think one of the primary Works public interest law career fair fore the Court in City of mistakes that 1L students make and conference held at the Omni Cuyahoga Falls v. Buck- is trying to decide who they will Shoreham Hotel. eye Community Hope ultimately be during the first Conference sessions on securing Foundation. week of school. public interest employment, preda- The annual event at- Legal Sometimes you tory lending, employment law and tracts nearly 200 employ- lock yourself civil rights law after Sept. 11 in- ers and 1200 students and Writing into people and formed those in attendance. Stu- graduates nationwide. situations that dents participated in seminars as Ralph Nader delivered are the worst of all possible deci- well as table talk sessions and in- the keynote speech just mo- sions in the long run. The same terviews with prospective em- ments after learning of Sena- goes for that first summer job. ployers. Ralph Nader delivered tor Paul Wellstone’s death. I won’t say don’t keep your the keynote speech and 4L The fabled consumer rights at- eyes open, but I will say, don’t Sandra English became presi- torney gave a poignant keynote jump too quickly at the first thing dent-elect of Equal Justice speech that lacked his typical that you see because you fear you Works. animation. Nader, who stumped won’t get anything else. Take English, an SBA Senator for the right to reside in the White your time and see what’s out and former C-M BLSA House in 2000, made a Cleveland there, but if you see something president, previously held State University campaign stop that that you truly don’t want to do, a Midwest Regional Rep- year organized by the C-M Student check back again a little later to resentative position with Public Interest Law Organization. see if there is something more the National Association SPILO also sponsored the C-M stu-

suitable. Also, put all of that on for Public Interest Law dent trek to the District. C

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sor to Equal Justice O Director Pamela Daiker-Middaugh and M The first semester, especially, Works. English will serve Prof. Beverly Blair led the C-M con- is a time to concentrate on your a two-year term as the renamed tingent at the well-attended speech. studies and solidify your knowl- organization’s chief executive and will Nader used a litany of tragic Nader’s rhetoric was delayed due in part edge base. After all, you have to sit as vice chair of its board of directors. to his receiving the news that the Minne- figure out what you know before She said her mission was “leading the examples of corrupt sota Senator and personal friend had per- you figure out what you want to organization in its efforts to organize law corporations abusing U.S. ished moments earlier in a plane crash. do with what you know. Not all students across the country as members Nader took a lengthy silent pause before clerking experiences are the of the leading public interest organiza- consumers to incite the group delivering his remarks and was visibly dis- same, and you can really get tion in the nation.” to zealously pursue careers in traught throughout his comments. Nader turned off by the study of law if Current C-M BLSA president, 2L slogged through the speech, using a litany you wind up working in a field Monique McCarthy said that Equal Jus- public interest law. of tragic examples of corrupt corporations that frustrates or bores you. tice Works “did an excellent job of high- abusing U.S. consumers to incite the group In addition, if you do have a lighting the various areas within public “found the speakers to be useful and enjoyed to zealously pursue careers in public in- set goal in mind, taking anything interest law.” 2L Marisa Cornachio noted meeting with employers during the table talk terest law. that comes along may set you up there were an “exceptional number of em- sessions.” Equal Justice Works leads the nation to have experience in the area and ployers that turned out” and observed that Employers interviewing at the conference in supporting public interest law in law pigeonhole your future options. the employers were “excited to be a part included the State Department, Securities and schools and among students. Through Don’t carve your destiny in stone of such an event.” 2L Patrice Gonzalez Exchange Commission, Justice Department, charitable donations, the group funds work too early. And, don’t think there said, “The sessions offered were infor- Environmental Protection Agency, National by student and lawyers public interest law won’t be choices that might ar- mative, providing basic information for Organization of Women Legal Defense Fund programs. The group was founded by law rive after everyone else has seem- those beginning their public interest job and the noted civil rights law firm, Relman students to provide legal aid to low income ingly already decided what they search.” 3L Anna Markovich said she and Associates. Senior partner John Relman individuals. are doing. Bar reviews put to the test, which course is right for you? By Amanda Paar Bar/Bri and Rossen both use DVD MBE approach to potential Multistate sub- PBMR’s claim of market neutrality, it STAFF WRITER home study courses and offer free DVD jects. While Bar/Bri also provides Ohio boasts of a “competitive edge” over other Armed with a variety of freebies from players upon course completion. Free material, it balances its state-specific sec- programs based upon the scores and pas- pens and highlighters to mints and mugs, admission to Ohio Bar Review lectures tion with material focused on the MBE and sage rates of their customers. bar review course representatives are a is also provided with the Bar/Bri home Multistate Performance Test. According PMBR lectures are administered con- mainstay in the C-M student lounge. study course. Rossen provides a web- to Marc Rossen, the Practising Law Insti- siderably closer to the actual exam in or- These gifts are enticing, but when it comes based training environment for the tute is Rossen’s multistate supplemental der to “maximize short-term retention.” to crunch-time, which course provides Multistate Bar Exam (MBE) with no workshop and is offered to clients without PMBR claims that students who that extra edge? extra software required. charge. supplement their bar exam preparation Choices include Bar/Bri, Rossen and Rossen lectures offer six in-class PMBR’s mission is MBE preparation. with this course of study increase their PMBR. practice essays administered and graded PMBR claims it is not in competition with final scores by up to 20 or 30 points. According to their websites, both by Ohio attorneys. Rossen also provides the rival bar reviews. Rather, it defines its PMBR further claims that on a one to 10 Rossen and Bar/Bri bar review courses copies of past bar exams with sample offerings as a supplement to those courses scale, average PMBR questions are a nine have lectures available. Howard Rossen student answers. Bar/Bri offers a six- and does not cover the same material that or 10 in difficulty and focus on gaps in ’64, was one of Bar/Bri’s founders and hour simulated MBE. Simulated exams Rossen and Bar/Bri respectively teach. the law, such as; “mortgages, perfection upon the expiration of a non-compete are computer graded against up to According to its website, PMBR creates of security interests in fixtures and ripar- clause, his son, Marc ’95 established the 35,000 other Bar/Bri students nation- its own questions. No authentic sample ian water rights,” rather than a concen- Rossen Bar Review in early 2001. Rossen wide. questions from past bar exams are incor- tration on summaries of the major topical has a staff of Ohio-based faculty, includ- Rossen is noticeably more “Ohio porated into the PMBR approach. PMBR areas such as contracts and torts. PMBR ing many C-M professors, while Bar/Bri specific” than Bar/Bri. The Ohio-based notes that questions are never repeated, so also suggests that its techniques and strat- has national and regional faculty. Rossen staff provides an Ohio essay and it does not use retired questions. Despite egies result in a successful bar exam. THE GAVEL Page 6 OpinionOpinion November 2002

opting for another bar course. Fulfill bar passage expec- SBA tations in the classroom, not in the numbers. Impress students boosts with the quality of the educa- tion received at C-M. When a majority of the class indicates budgets they registered for Corpora- tions because it is tested on the By Brian Stano Bar, give them what they came SBA BUDGET COMMITTEE CHAIR for. When students register for According to my high school these classes, they do so with political science teacher, the pri- an expectation that the upcom- mary job of government is to de- ing semester will cover topics cide who gets what, how and bar examiners deem important. when. In other CORBIS.COM There are many reasons for SBA words, government the low overall pass rate at C- Briefings decides where the M. The likely cause of C-M’s money goes. And low rate is the high number of as Prof. Ammons will enthusias- repeat takers from C-M. Sta- tically remind her students, if you tistics show that the more times want to find an answer to an is- an individual takes the Bar, the sue, “just follow the money.” less likely he is to pass. As the chair of SBA Budget- Rather than excuse the low ing Committee, I not only follow A Measure of C-M’s Success overall pass rate with more de- the money, but along with a com- mographics and rates to match, mittee, decide how to distribute ACH Nove already crunched the numbers, ter finishing the Required Core C-M must show students that the it among C-M student organiza- ber, the Supreme ready to post them on brochures Curriculum, students pack their school is doing all it can by teach- tions. E Court of Ohio and websites. However, a better schedules with “bar classes” in ing adequate bar preparation in This year, SBA received fund- announces the July Bar measure of how well an effort to learn material that the classroom through the topics ing applications from almost all Exam results. Because The a law school pre- will be tested on the Bar. In covered and exams administered. student organizations. After re- there are more takers in pares students for practice, there are plenty of stu- While law school is more than ceiving the proposals they are July, this is the exam law Gavel the Bar is in the dents who will never see the a three-year bar review course, the taken into consideration during school deans and adminis- Editorial classroom, not in inside of a courtroom, but sit emphasis placed on first time pas- Opinion the budget allocation meeting. trators look at to determine overall percentages. through Criminal Procedure sage, coupled with the relatively During this meeting, the Commit- how their school fares The average their third year to prepare for the low passage rate in Ohio, force tee considered several factors, among the competition. student’s course selections prove bar. Future litigators fill busi- law students into that mentality. including how the organization Usually somewhere near he does not rest on his school’s ness law classes to make sure Practical learning and practice serves the law school community, the bottom of the law school laurels. Rather, he is relying on the first time they see a secured advice are valuable and appreci- how many members the organi- heap with Capital Univer- his choice of classes and class transaction is in the classroom ated. But, in the student’s mind, zation has, how much funding the sity and Ohio Northern, C- work to pass the Bar. and not on the Bar. those lessons will remain less organization received last year, M’s overall passing percent- Lessons learned in Torts are Certainly, there are those valuable than the elements of a etc. After the decisions were ages hover in the just below- usually long forgotten by the time students who save bar prepara- battery until the Supreme Court made, the proposed budget was state-average range. 2L begins, however, the founda- tion for bar review courses. of Ohio recognizes their import submitted to SBA Senate, where Deans and administra- tion built first year can prove im- But, most of the seats filled in and includes them as one of the it was quickly approved. tors at each law school have measurable three years later. Af- Commercial Law are students tested topics on the Bar. SBA had roughly $23,500 to allocate (almost $75,000 was re- quested). The Committee decided 1L’s classroom critique is no excuse for inadequacy to reserve approximately $2,900 for new organizations, as well as Having read the latest in- might feel as if she must voice CLEVELAND-MARSHALL COLLEGE OF LAW CLEVELAND STATE UNIVERSITY a discretionary fund that SBA can stallment of the “1L First Mail her opinions to make herself 216.687.4533
FAX, 216.687.6881 use to “cosponsor” a student or- Year Life” series, several Mail feel she knows what is going on [email protected] ganization event. thoughts come to mind. It is Pail in class. The comedian uses his In order for the organizations a given that there are certain quips to make himself feel com- to actually receive their money, “types” of students that get fortable. We are in this together, they were required to read and on our nerves. Human be- he criticizes are extraverted. I and I think we are all experienc- complete an application packet, ings simply are not capable think that the basis for the ing at least a little bit of fear and which included signing a contract of liking everyone they in- author’s feelings is that he desires uncertainty that we deal with in promising a detailed financial teract with. That luxury is to have the same confidence in our own way. It seems hypo- Clare R. Taft statement to be submitted to SBA reserved for big purple dino- his knowledge of the material as critical for the author to con- Editor-in-Chief at the end of the year. So far, most saurs and Mr. Rogers. How- these stereotypical individuals. In demn the methods of others organizations have complied, but ever, I think that it is equally other words, I think he might well while applauding his own. Colin P. Moeller as expected, some still haven’t. uncommon to hold ill feel- resent the fact that they are able In the end, I think that the Managing Editor Some organizations were dis- ings toward everyone who to voice their thoughts with such people who will succeed in law Edward R. Pekarek appointed by the allocations, but acts differently. The Anony- ease, while he hides in the back school are those who work hard News/Photo Editor that is what happens when there mous 1L seems to find fault of the classroom. The only way and sacrifice. I hope the author isn’t enough money to go around. with the actions of those who that he can reconcile his sense of of the article chooses to study Staff However, the most important do not, like he does, sit qui- self-worth in the face of his fears during reading week rather than Anonymous 1L Jay Crook thing was to make sure that the etly in the back of the class is to assert, quite arrogantly, that rely on his silent demeanor to Christopher Friedenberg decisions were made fairly. and refrain from interaction. his actions are those of the truly pull him through finals. Manju Gutpa In other news, SBA purchased He seems to think that the successful law student, and that Incidentally, I too am the Donna Morgan Holland two new microwaves for student “know-it-all,” “freedom he is the “person we need to fear sort of person who generally sits Michael Hudson Tricia Hurst use in the lounge. Due to electri- fighter” and comedian are the most.” I think the self-justifi- in the back of the room and Kelly R. Johnson cal problems, we had to shut foolish, and those who con- cation of such a statement is stays out of the conversation, James Lucas down the old microwave. How- form to such stereotypes are readily obvious. though I have chimed in a time Grant Monachino ever, we will soon place the old doomed to fail. I believe that if the author or two. I do not attribute my si- Michele McKee Carl Muller one (which still works) where the Why is it that he feels this thought about why he behaves the lence with genius, however, but Amanda Paar other broken, old one currently is. way? I do not think it in er- way he does, sitting quietly in the rather to the fact that when I Lauren Roberts SBA is working hard to get ror to assume he does so out back of class, he would find that hear the term “consideration,” Peter Roche DirecTV back into the student of feelings of inadequacy. it is his way of dealing with a new I instantly go into a coma-like Jason Smith lounge. The receiver was stolen Careful examination of the and unsettling environment. slumber. Speaking of which, it Adviser Thomas Buckley last summer, and once we obtain article reveals that the author Furthermore, I think that the be- is time to catch up on some Printer Gazette Printing a new one, television program- equates annoying behavior havior of those he identifies in the sleep. Now, where did I put my http://www.law.csuohio.edu/students ming will return (but with extra with talking out loud in article is also a sort of defense contracts book… ALL RIGHTS REVERT TO AUTHOR. security measures, of course). class. All of the stereotypes mechanism. The “know-it-all” Christian Bates THE GAVEL
OPINION NOVEMBER 2002
7

The Gavel pre- ceremonies con- sents this piece in tinue today. At Ar- Dems jump remembrance of lington, the presi- Frank Cwiklinski, Veterans Day: dential wreath is ship in GOP- Gavel Columnist placed in front of and veteran. The the tomb as a trib- aligned Ohio piece originally ute to the more appeared in the than one million By Grant Monachino Gavel’s Dec. 2000 soldiers who lost A Full History STAFF WRITER issue. their lives since the Check the stats, but Nov. 5 On Nov. 10, our Declaration of was the first time in history that Cleveland- Independence. both the House and Senate gained Marshall closed This past Veter- Republican seats, in a midterm its doors to com- ans Day had par- election, while a Republican was memorate Veter- ticular significance President. What happened the ans Day. The to the 16.5 million first week in November to spark name of the holi- Americans who this unprecedented occurrence? day seems self-ex- served in World The economy is down, corpo- planatory, but how War II. Near the rate America is corrupt and the many of us really Rainbow Pool on budget went from surplus to defi- know what the the National Mall cit. Somehow, in the midst of celebration en- in Washington, these weaknesses, Dubya’s ap- tails? I admit, D.C., 12,000 proval rating is staying extraor- even after several people attended dinarily high, and Republicans years on active the everywhere are riding his coat- duty, my knowl- groundbreaking tails to victory. Why couldn’t edge was sparse. ceremony for the Democrats capitalize on these My own research National World shortcomings of the Bush Presi- led me to these War II Memorial. dency? One obvious answer is discoveries: The speakers in- the “War on Terrorism.” Since The first Veter- cluded President Sept. 11, the primary focus of this ans Day was actu- 20YEARSOFPJ.COM Clinton, World country and the President has ally Armistice War II veteran Bob been this “War.” Day. It was cre- Dole and Tom I think Americans accepted a ated by President Hanks, who has certain degree of economic Wilson Nov. 11, dedicated count- downturn and corruption to per- 1919, to com- less hours to fund- severe in this new “War.” Not to memorate the one-year anniversary of the raising efforts after his involvement in the To properly salute those be misunderstood, I believe this end of World War I. Armistice Day, how- movie “Saving Private Ryan.” “War” is a priority, and I would ever, did not receive official recognition by who have given us a fu- “Democracy is never a final achieve- include myself as one of the Congress until 1926 and did not become a ment. It is a call to untiring effort, to con- ture, we must understand Americans that accepted the national holiday until 1938. Had the Great tinual sacrifice and to the willingness, if slumping stock market. But why War turned out to be the “war to end all necessary, to die in its defense,” President their holiday’s past didn’t Democrats focus and cam- wars,” the holiday would have probably re- Kennedy once said. “The story of America paign on these issues? tained its original name. History, of course, sional reasoning rather misplaced, as many has been written, in large part, by the deeds The discrepancy between Re- proved otherwise. After World War II and young Americans were fighting in Vietnam, of out veterans—deeds that bind us to our publicans and Democrats is even Korea, President Eisenhower signed a bill guarding the DMZ, patrolling the Iron Cur- past, inspire us in the present and more apparent in Ohio. Arguably, proclaiming Nov. 11 as Veterans Day, to tain and protesting for peace on the home strengthen us to meet the challenges of the Ohio is historically a Republican honor all Americans who have served in front. future.” state, but not enough to say it times of war. In 1978, Veteran’s Day returned to its When I speak to World War II veter- concedes to the Elephants. Ohio In 1968 Congress passed the Uniform original date. Nov. 11 has more of a his- ans, I am in awe of the sacrifices they doesn’t exactly have a booming Holiday Bill, placing Veterans Day on the toric significance that the end of World War made. Many of these young Americans economy. fourth Monday of October. The intent was I. The Great War ended on the 11th hour of went overseas for years, knowing they The Plain Dealer recently re- to provide Americans with four national the 11th day of the 11th month. The Tomb would not return until the job was done. It ported Ohio public education as holidays on Monday. Congress believed that of the Unknown Soldier was dedicated in is unfathomable how different the world being one of the most expensive these long weekends would encourage 1921 at that exact time at Arlington National would be today if D-Day had failed, or if tickets in the nation. Even though travel, recreation and cultural activities and Cemetery. France and England held simi- there were a negotiated peace with Hitler. these shortcomings are part and stimulate greater industrial and commercial lar ceremonies at the Arc de Triomphe and Because of our veterans, democracy has parcel to the Taft-era, the Ohio production. Personally, I find the Congres- Westminster Abbey, respectively. These never endured such a challenge. Democratic Party’s challenger was a campaign fund deficient Tim Hagan. How did Taft get away with the high cost of edu- Outlining panic and exam-phobia grip pre-exam 1Ls cation and the regressing economy? The following is the third in people tell me that it really is not outlining is not an easy process. of hopelessness will fade, With so many CSU students a six-part series following a first that bad. The main problem I am having and I will do my best. That outraged by the possibility of a year C-M student from orienta- I think the most difficult and is effectively organizing the out- is my goal. If I miss a con- tuition increase for the U-Pass, tion to spring exams. stressful part about finals is the lines. Furthering this is the un- cept that I did not study, I will you would think the younger de- We are approaching judg- preparation period. I currently certainty that I have encountered not be upset. But, if my mographic would voice their dis- ment day. Finals are almost here. find myself playing catch-up. when talking to different 1Ls nerves get to me, and I for- approval of high education costs I have mixed During the past couple months, about their outlines. get to write about concepts I through their vote. A recent CSU emotions about fi- 1L I have been prepared for class, It seems like for every per- knew, I will be disappointed. Student Government Association nals. In general, I but I fell a little (OK, a lot) be- son I speak to, I hear a different Once the two weeks are sponsored voter registration feel unsure about First hind on outlining. Now, my goal view as to “the right way” to over, and finals are complete, drive, however, resulted in fewer what to do, and that Year Life is to get all my outlines done at outline. Most students tell me it will be time to enjoy the than 100 registrations; not the only leads to anxi- Part I least before reading period. their outlines are 40 pages each, time off and relax. However, projected figure in the low thou- ety. And the prepa- I try to justify this procrasti- while mine are in the 15-page these weeks will remain sands. Although this does not in- ration and studying for finals is nation by telling myself that do- range. Am I doing something stressful, as we wait to re- dicate the attitude of younger something that I am not looking ing the outlines late in the semes- wrong? While it seems as if I ceive our grades. voters throughout Ohio, it may forward to at all. But, in some ter will reduce the time neces- have all the concepts included in These grades will tell us explain why one of Taft’s major twisted way, I am looking for- sary to actually study during the each outline, I am trying to find a lot. Is law school right for campaign platforms was lower ward to taking exams. weeks proceeding each final. out what I am missing. me? Did I do as well as I prices for prescription drugs. While most of my professors My hope is that because the in- While the preparation is, and possibly could? Should I do Older people vote. have given some guidance as to formation will be fresh in my will continue to be, less than en- something different to help All this said, I am not a pro- what to expect, I still find my- mind, once I begin studying, I joyable, I look forward to the ac- prepare for the spring exams? ponent for either party, but self wondering what the finals will not have to do quite as much. tual test-taking. When I start If I do badly on exams, there November’s elections warrant process will be like. Some While I may be kidding myself, reading each exam, and panic are things I can change to bet- notice that history was made, na- people tell me finals period is one I plan on studying seven hours a sets in, I know I will question my ter prepare next semester. tionally, and “Taftquack” was all of the most stressful times any- day during reading period. decision to attend law school. Hopefully, I will not have to the Democrats could muster in one will encounter, while other However, I am finding that Hopefully, the initial feeling change a thing. Ohio. BAR/BRI of Ohio Is Pleased to Announce the Introduction of Our

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