Cross those “t’s” Holiday Got Christmas Ale? and dot those “i’s” activities in Staff Writer Mike Cleveland Borowski breaks down Staff Writer Stacey Fernengel Cleveland’s fascination explores the common pitfalls Find out what C-M with Great Lakes Brew- of legal writing. students will do with ing Company’s most their free time this famous brew. holiday season.

CAREER, PAGE 4 OPINION, PAGE 6 OPINION, PAGE 7 THE GAVEL VOLUME 57, ISSUE 3, DECEMBER 2008 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW Moot Court team takes regional championship; earns national title bid

Photo by Rick Ferrara (From left): Alex Reich, Megan Miller, and MacAllister Modic show off their competition trophies, including awards for Regional Champion, Best Advocate Overall (Alex Reich), Best Advocate in the Championship Round (Alex Reich), and Second Best Brief Overall. J o urney from Moot Cou r t Page 3 A glimpse of Moot Court Night to the Championship excellence from the grandstands C-M student guide d thr ough law school by wit, passion, determination centered on criminal justice, Francis had perimental lens that was created by Dr. STUDENT SPOTLIGHT: the opportunity to serve as a chaplain in Edward Rockwood at the Cleveland Clinic. FRANCIS ZUNT, 1L the state penitentiary in Youngstown, Ohio. Dr. Rockwood’s help to Francis’ sight His experiences in this prison helped shape is particularly impressive in light of the By Joe Fell his future career goal after law school, fact that he had previously only read about STAFF WRITER which is to become a criminal prosecutor. individuals with Francis’ condition in his As a longtime resident of Cleve- textbooks before meeting Francis. Without Perhaps you have seen him walking land, Francis aspires to be a prosecu- Dr. Rockwood’s efforts, Francis would around campus as his faithful service dog tor who is willing to work hard to rid have absolutely no vision whatsoever. leads him safely to and from his classes, Cleveland’s streets of the violent crime In addition to this medical condition, or you may have heard him draw upon that plagues many of the city’s law-abid- Francis also deals with photophobia, a con- his many extracurricular activities in ing residents, and in his own words, “I dition that renders him extremely sensitive order to provide real-life background and want Cleveland to be a place where it is to light and that requires him to wear pre- context to the discussion in classes. If you safe to walk alone on the street at night.” scription sunglasses while awake. Despite haven’t, I hope that you are able to come By far, the most commendable aspect these difficulties, Francis refuses to allow into contact with him soon, because he is of Francis’ life is that he has worked himself to be defined or hindered by his one of the most fascinating people that I mightily to overcome a medical condition condition, and he does not strive to use his have met during my brief tenure at C-M. that affects 1 in 500,000 individuals: acute condition to obtain advantages and benefits. Francis Zunt is a first-year student. He congenital glaucoma. Although Francis In fact, when he applied to C-M and graduated from Valley Forge High School was born with this condition, he did not other law schools, he asked them not in Parma in 2003, and he graduated from experience near-total loss of sight until to consider his medical condition when Mount Union College in 2007 with B.A.’s the age of 17. Although he is legally blind making a decision. Francis is held to the in Religious Studies and Sociology. As in both eyes, Francis does have some same academic standards as his fellow Photo By Joe Fell part of his sociology coursework, which vision in one eye as a result of an ex- See Student, page 2 THE GAVEL Page Law 2 December 2008 Year’s end compels a look to past achievements, hope for the future Canadians unite at C-M

By Geoffrey Mearns the dismay of Cleveland Indians fans, By Hilary Michael versity (Toronto, Ontario) and was also an Mr. McCarthy proudly wears one of his GAVEL CONTRIBUTOR adjunct Professor there and Professor Forte There are many things that I enjoy many World Series Championship rings. has a PhD from the University of Toronto. about being the dean of this law school. Over the past three years, I also got The newest student organization to In the long run, Arunesh would like I enjoy working with a talented group of to know Leon Plevin (’57). Mr. Plevin the C-M community is the Canadian Law to see C-M offer a joint JD/ LLB degree. teachers and scholars – men and women who passed away on October 28th, after a short Student Association (CLSA). So new in Such degrees are generally acquired with care about you, our students, and who believe illness. In so many ways, he embodied the fact, that the association is still waiting four years of study; students to spent two that lawyers can make our world more just. traits that make this law school special. for authorization from the Constitution years studying law at both an American I enjoy working with our dedicated For over 110 years, our law school has Review Subcommittee, which is expected and a Canadian university to be eli- staff. These men and women play a vital been known as a law school of opportunity to be approved by December 3rd, 2008. gible for bar admission in both countries. role in making this institution a com- – that is, an institution that is accessible Arunesh Sohi, founder and President of “Cleveland Marshall would make a great munity – and they make to all people, irrespective of race or class. the CLSA, decided to start the organization partner with a Canadian law school,” remarks my job so much easier. Like many men and women who preceded this summer when he encountered several Arunesh. “Because of its close proximity to And I enjoy engaging him, and like many of you, Mr. Plevin was questions about the process of working in Canada, an alliance would be advantageous with you, our students, be- the first member of his family to graduate the US as a Canadian law student. Although to both schools. It would be good for Cleve- cause your ambitions mo- from college and to attend law school. He CLSA’s primary purposes are to provide as- land Marshall because it would enhance The tivate me and your hope was the son of Eastern European Jewish sistance to Canadian law students and to the value of its degrees in the job market.” inspires me. I regret that I Dean’s immigrants who came to this country in liaise between Canadian students applying So what’s next for CLSA? Suggested do not have enough daily search of a better life for their children. for admission to C-M, the membership is events for the 2008 academic year include Column contact with you. Our law school is also a law school of open to all regis- tered students, fac- a guest speaker currently working in So, I am excited about the excellence. And Mr. Plevin was a good ulty and staff. the area of Canadian legal practice in a next semester, when I will be teaching Crimi- student who became an outstanding attor- B e c a u s e Cleveland Law Firm. Once approval of nal Law. This course will give me the oppor- ney. He was a very successful trial lawyer, o n e o f t h e the constitution is granted, Arunesh tunity to share my experiences with you and who dedicated himself to each client as if goals of the will send an e-mail to the student benefit from your insights and perspectives. that client’s case was the most important organization is body with the time and place While my job is challenging, it is also re- case he had – and to the client, it was. to raise awareness of the first meeting of CLSA, warding. I feel quite fortunate to be your dean. At our law school, we often say about cross border legal likely to be held next semester. I am also particularly fortunate because, that we are preparing our students to be opportunities, American Interested students can in this position, I get the chance to meet many lawyers and leaders. Mr. Plevin was C-M students may wish register with the orga- of our graduates. These people regularly re- a leader. For decades, he was a leader to join this association to nization at the meeting, mind me that we are helping to educate men in his law firm and in his community. learn about how a US law or contact Arunesh at and women who are shaping the future of our We also hope that our graduates will degree can be transferred [email protected] community and our country through service. remember the impact this law school had to Canada or about degree hio.edu. Hope Before he passed away so sudden- on their careers and their lives. Mr. Plevin opportunities across the border. to see everyone ly last June, I had the good fortune to never forgot us. He donated generously According to the C-M website, ooot and aboot at meet Tim Russert (’76), who is probably to an endowed scholarship fund that now Professor Inniss has an LLM the next meeting. our most famous graduate. Mr. Russert bears the name of his former law firm. from Osgoode Hall, York Uni- cross-examined politicians and power- Some of you are the direct beneficiaries the globe in a 50-foot sailboat. Of course, ful people skillfully and fearlessly. But of his generosity. Mr. Plevin and his wife, Student... as those of us in Professor Cherry’s Property he relished life, and he loved people. Gloria, also funded an endowed profes- -continued from page 1 class have already learned from our class Last February, I had the good fortune sorship – a distinguished position that discussions earlier in the year, Francis is an to meet Wyatt Brownlee (’44), who is Professor Kathleen Engel now occupies. classmates; in order to complete his reading avid hunter; when possible, he enjoys guided probably our oldest living graduate. Mr. Mr. Plevin also donated a great deal of his and class assignments, he uses a software hunting with the National Rifle Association. Brownlee, whose grandparents were slaves, time to our law school. He was very active in program called JAWS to translate the legal As you can see, Francis is truly an is 101 years-old. He worked his way the Cleveland-Marshall Law Alumni Associ- text into audible words and other programs, asset to the C-M community. I hope through high school, college and our law ation, and he served on many advisory com- which convert all computer operations into that all of you have the chance to meet school. A few weeks ago, Mr. Brownlee mittees at the law school and the university. keyboard commands. I was pleased to hear him in the future and be inspired by his celebrated the election of the first African- In addition to all his achievements, Mr. that the entire school community has been persistence, diligence, and ambition. American President of the United States. Plevin was a very good man. He was a very eager to help Francis and provide In our law building, I regularly see Judge devoted husband, a loving father, and a very him with the assistance that he needs. Jean Murrell Capers (’45), who was the first loyal friend. All of us who had the good for- Francis indicated that Cleveland State’s HE AVEL woman of color elected to the Cleveland tune to know Leon will miss him very much. programs related to the Americans With T G City Council. You can regularly find her I share his story with you so that you Disabilities Act are some of the “best he has doing research in our law library. If you can appreciate the wonderful opportunities seen.” Francis is able to navigate through the see her there next month, wish Judge Ca- and great rewards that await you. As you campus with the help of his trusty service pers a happy birthday – it will be her 96th. prepare for your exams, remember why dog Isabelle, a year-and-a-half old English Last week, I had lunch with Dan Mc- you chose to go to law school – and why Shepherd. Isabelle is Francis’ first service Carthy (’54). Mr. McCarthy is a very you chose to pursue your dreams here. dog. He has had Isabelle since she was 1 successful lawyer here in Cleveland. He Good luck. And enjoy a restful and safe month old, and he successfully trained her also is a member of the partnership that winter break. to help him travel over height differences on owns the New York Yankees. Much to the ground and stairwells. Due to the fact that Francis has no peripheral vision, Isa- Join Us! We came, we saw, we argued belle also helps Francis keep an eye out for traffic and allows him to safely cross streets. competed against Case Western. Case West- By Jeremy Samuels One of the most commendable elements STAFF WRITER ern was superbly organized, fielding 7 teams of Francis’ personality is that he refuses to for the competition. Its members knew the Come to our next allow his medical condition to hinder him On November 15, 2008 the Cleve- subject matter, and it was obvious that they from pursuing a wide variety of hobbies meeting and contribute to land-Marshall Trial Team competed at came prepared. Justin Rudin, described their and interests. Francis has been a diligent the best student-run the Justice Center against the schools of style as “polished”, while Luisa Taddeo noted student of the martial arts for approximately Case Western, The University of Akron, their strong presence in front of the judges. newspaper in Ohio: 20 years, and he has earned a 4th degree University of Cincinnati, and Chase Col- C-M’s defense opener, Maryann Fremion black belt in Hapkido and 1st degree black lege of Law, from Northern Kentucky. nailed her opening statement, clearly stating belts in Shodan Karate and Lengar Kung Fu. The mood at the competition was her self-defense argument and why her cli- Wednesday, Additionally, Francis is a pro- ent should not be held accountable, using very adversarial. Justin Rudin described fessional chess player; at the present January 14th the line “a man’s home is his castle” as the it as “the adrenaline rush of walking time, his United States Chess Federa- main justification. During Case’s question- into the courtroom,” and “feeling like tion rank is 2250 on a 3000 point scale. Submissions or letters to - ing of the first witness, Katie Davies did you are engaging in battle.” The judg This past summer, Francis learned to the editors can be e-mailed to: es for the competition made rulings well, getting in several objections against the sail at the Cleveland Sailing School with [email protected] just as if the competition were real. plaintiff’s attorney regarding use of leading members of the United States Coast Guard; Team Two’s defense side, composed questions. On cross she tripped up the plain- one of his future goals is to circumnavigate of Katie Davies and Maryann Fremion See Argued, page 7 THE GAVEL LAW DECEMBER 2008 3 From Moot Court Night to Michigan, C-M now the sole Ohio representative in national competition By Tara Chandler STAFF WRITER

This year the C-M Nationals Moot Court teams were composed of Alex Reich, Megan Miller and Callie Modic, as well as Dave Thomas, Lydia Arko and Rick Ferrara. Following the annual Moot Court Night event, it was clear that both teams would fare exceptionally well at the competition the following weekend in Lansing, Michigan. This year’s Moot Court Night, the 40th annual, took place on November 11, 2008. The competition was presided over by three distinguished judges; including Judge James G. Carr, Chief Judge of the District Court for the Northern District of Ohio, Judge Solomon Oliver Jr., and Lesley Wells, both District Judges for the Northern District of Ohio. Megan Miller and Alex Reich represented their team as counsel for the petitioner’s arguments. The team was mentored by Jones Day attorneys and took home the honor of presenting the winning argument. The Judges noted that the choice was difficult to make, with Rick Ferrara and Lydia Arko, mentored by Baker Hostetler, presenting compelling arguments as counsel for the respondent’s argument. The Judges comments were clearly Photo By Tara Chandler favorable to all the participants. Megan, as At the podium, Rick Ferrara takes questions from Federal Judges of Ohio’s Northern District on Moot Court Night. Ferrara would take “Best Oral- the first to approach, was noted as setting ist” for the night. Alex Reich and Megan Miller, in the foreground, would win on the merits and later win a regional championship in Lansing, MI. a high standard from the outset. Alex was able to follow her argument with a strong The following weekend, both teams round and took top honors. Alex also faired Callie and Megan, affectionately deemed knowledge of the statute in question, recall- traveled to the regional competition in well, earning the position of second highest “Team MAC”, that have advanced to the ing an obscure subsection from memory. Lansing, Michigan. The competition scored advocate in the preliminary rounds, Nationals competition to be held February This combined with a good reading of the was scored based upon the team’s writ- as well as Best advocate in the final round 2nd through the 5th in New York City. They bench helped to loosen the nervous tension ten brief, consisting of 40% of the total and overall advocate of the competition. will argue the same issues as the regional in the room. Rick showed a good knowl- score, as well as the remaining 60% scored Following the victory the teams cel- competition and present the same written edge of the relevant precedent while Lydia based upon the oral arguments. Follow- ebrated together. Unfortunately, only one C- brief, though the brief will be re-scored. stuck to her guns, allowing both oralists to ing the preliminary competition Satur- M team may advance to nationals, but Dave, In the end, both teams represented stay on track through the bench’s nearly day, the team of Alex, Callie and Megan Rick and Lydia were very gracious to the C-M well and should be congratulated immediate questioning. Rick’s ability to advanced to the final round on Sunday. victors by all accounts. Both teams present- for their efforts. As Dave Thomas so elo- handle the Judge’s concerns earned him the The team was never beaten in the oral ar- ed compelling arguments and faired well in quently put it, “It has got to feel good to night’s top honor of Best Oralist, announced guments, and presented a brief that scored in the competition. Dave Thomas praised both the school community to once again look by Judge Wells. (Honorable mention should the top two of all teams in the competition. teams’ performances and successes, noting in that moot court trophy case and see the also be given to Dave Thomas and Callie In the end, only two teams would advance to “our region had many well-prepared teams, hardware that represents the high caliber of Modic who did a fantastic job cheering the national’s competition. The C-M team both well-versed on the problem and highly students that attend Cleveland-Marshall.” their teammates on throughout the night). faced off against the Cooley team in the final competent as oral advocates.” It is Alex, C-M advocates display talent in final round, overmatch Cooley

By Rick Ferrara caved rows rippled from the room’s epicen- ent into several very useful courtroom tools. confidence to the court that she knew her CO-EDITOR IN CHIEF ter, a podium facing the low-slung bench First, he answered difficult questions material and had mastered her technique. with seven chairs. Three of the best compe- with vocal certainty – never wavering in tone Throughout the year, Megan worked After Alex Reich’s poignant rebuttal, it tition judges were assigned to hear the case. even though, minutes before, he was arguing on slowing her delivery to the court, and was all but a certainty that C-M had taken Alex opened the round with his argu- from the other side of the issue. Second, it showed through in the final round. The the regional title. C-M’s Reich would walk ment for Petitioner, walking surely to the he kept a conversational tone despite hav- judges asked intense questions, including away with the Best Advocate award for the podium, lips slightly pursed. His hands ing answered many of the same questions some convoluted hypotheticals. Prior to competition, while his team would earn a re- hung loosely before, in six her training, this would have sped Megan’s gional championship and bid to the extended at his side, a Throughout the final round, we sat in the rounds over responses, her delivery, and the pace of the National Tournament in New York. With his sure sign of swept gallery of Cooley Law School’s gleam- two days of court’s questions. But now, Megan delivered teammates, Megan Miller and MacAllister a cool de- competition. her material at a controlled pace, all the while Modic, Alex maintained an undefeated re- meanor in the ing new Moot Court Room. Concaved rows And third, sounding respectful and knowledgeable. cord and trounced Cooley Law School in the biggest round rippled from the room’s epicenter, a podium he success- Megan’s teammate and good friend, final round. I was glad to be there to see it. of his Moot facing a low-slung bench with seven chairs. fully com- MacAllister, sat keeping time as the court’s But the joy was bittersweet. My team, Court career. m u n i c a t - bailiff. It reminded me that even when only including Lydia Arko and Dave Thomas, had He had no folder – no notes in this, ed what was complex subject matter, two were arguing, having a third teammate lost the day before and did not move past the the biggest of rounds. From memory, mixing practical language with legal was crucial to the competition. Earlier in preliminary rounds. Despite a 1-1 record Alex could comfortably recall case names, analysis in balanced proportion. the day, MacAllister argued twice with Alex and months of preparation, we did not have dates, holdings, facts, quotes, and pin- And the judges responded well. Alex’s and won both times, allowing her team to a chance to test ourselves again in competi- cites. When he wasn’t achieving this feat argument flowed at a consistent and cer- get to the final round. At one point, she had tion. Still, my teammates and I wanted to from the Petitioner’s side, he could do so tain pace. When a question would arise faced a withering, eight minute long bar- see our C-M colleagues officially advance from Respondent’s side. He could argue from the bench, Alex would respond rage of questions from the bench. In C-M to New York for the National Tournament. from either position, having disciplined with timing that indicated respect, but fashion, she still brought home the victory. Throughout the final round, we sat in himself to understand all of the issues, showed he need not hesitate in delivering And as the C-M team sat down, the first the swept gallery of Cooley Law School’s all of the questions, and all of the angles. his answer. His answers were structured; Cooley advocate stepped to the podium. gleaming new M o o t C o u r t Alex’s argument, a journey through the direct at first, and then explanatory in a He brought his notes. He seemed uncertain Room. Con- contorted world of statutory construction, way that compelled judicial deference. with his words. He hurried his delivery. relied on fine distinctions. Through ques- His teammate offered a similar style. I looked across the courtroom and tion upon question, Alex responded as a Megan, approaching the podium next, caught MacAllister’s eye. I noticed good advocate should. With two years of carried the same cool in her shoulders. the slightest smile on her face before training under Prof. Gard, and mentoring She kept her head forward and main- looking over to Alex at the C-M table. with Jones Day attorneys for the Nationals tained a pleasant expression to face the He just penned his rebuttal, fo- Competition, Alex had honed his natural tal- judges. She carried no notes, conveying cused, ready to take on New York. THE GAVEL Page Career 4 Career December 2008 Once your Why lawyers may not have the “write” stuff By Stacey Fernengel extensive knowledge of legal jargon. Al- judicial panels, no one can be expected to GAVEL CONTRIBUTOR though my education has certainly padded be an expert on everything. This is espe- finals come my personal lexicon (sorry I couldn’t stop!), cially true, for example, of appellate level In 1936 Fred Rodell, Yale Law profes- no one gives extra points to the person judges who hear cases on topics ranging sor, exclaimed “There are two things wrong who uses bigger and fancier words. While from murder cases to toxic torts. Although to an end, with almost all legal writing. One is its style. both formality and using legal terms of your audience is usually a legal one, don’t The other is its content.” Sadly, 72 years art are appropriate and encouraged, leave forget that not everyone is as entrenched in later the opinion of legal writing has not the excessive legalese to those making your case as you are and its best to present take a gotten much better. So why do lawyers get lawyer jokes. Don’t forget, using extra 50 arguments in the simplest form possible. such a bad rap for their writing and what cent words doesn’t result in a bigger bill. can we, as law students, do to ensure that “There are no dull subjects. There break this perception is changed in the future? “Make everything as simple as pos- are only dull writers.” – H.L. Mencken By Karen Mika Last summer I had the pleasure of sible, but not simpler.” - Albert Einstein Legal writing is generally meant to LEGAL WRITING PROFESSOR discussing this very issue with a few Court Legalese overcomplicates writing that persuade, but don’t forget the entertainment of Appeals judges. The judges expressed should be simpler. Additionally, good legal value of your writing. Your reader likely Is there any particular reading that frustration over writings they receive. writers are able to simplify that which is peruses many documents in a day, so it’s should be done to prepare for the second Their main complaints involved writing complicated. This rule rings true despite the your job to make your writing stand out. semester of the first year of law school? that contained obvious errors, overuse fact that lawyers are often writing for legal On this topic, a wise law professor once Although some students regard the of legalese, overly complex and convo- scholars and distinguished judicial panels, told me “your client isn’t paying to have Legal couple of weeks between luted arguments and, finally, boring briefs. rather than the average “Joe Six Pack.” I facts and law simply passed through you to the first and second se- laughed over the summer when one of the the paper. The client is paying you to add Writing mesters of law school as “You can be a little ungram- judges advised that we should “dumb it some value to what is being conveyed. Your the opportunity to review and matical if you come from the right down” with regard to legal writing. What ability to capture inequities and to clearly prepare in a less-stressed environment, part of the country.” - Robert Frost she meant was to avoid convoluted reason- and concisely support your client’s claim the best thing that a student can do during First, let’s start with the obvious. Typos, ing and overtly technical arguments. De- is truly the hard part of it and the art of it those couple of weeks would be to take a citations, misspellings and improper gram- spite the knowledge and notoriety of many all.” (quoting Jason Bristol, C-M Professor break. This is especially true for first year mar are bound to happen to the best of us. and Partner at Cohen, Rosenthal & Kramer students, given that second and third year That being said, thoroughness is the key. LLP). Bristol, my advanced brief writing students are already over-committed dur- To limit your errors, comprehensive and professor, ensured that we never forget ing this time period with writing articles, continuous proofreading is a MUST. Some the art to legal writing. Every case has a preparing moot court briefs, and working. tried and true proofreading tips include: story and lawyers must tell it in the best As most first year students have gath- (1) printing your document or reading it possible way for our clients. This includes ered by the end of the first semester, the aloud; (2) if and when you are permitted, letting your creative juices flow, but also profession of law is a very hectic, high ask a colleague to offer a second pair of things like ordering your facts and argu- stress profession. Most second and third eyes; (3) never forget your computer’s ments for optimum persuasion and clarity. year students have also already discovered grammar and spell checker are not perfect. Learning to write legal arguments in a that the years following the first year of correct, clear, simple, engaging and effective law school are even busier than the first “I never write ‘metropolis’ for sev- manner is a skill and an art. Make sure that year of study. Although there is a tendency en cents when I can write ‘city’ and you take advantage of as many opportunities for many people to want to get ahead of get paid the same.” - Mark Twain to hone this skill during your time at C-M. the game, frankly, the “game” is always I heretofore have avoided interjecting Finally, don’t try to use too many famous, there, and the best thing a person could do into the discussion of the aforementioned cheesy quotations in your writing...it will just is to get as far away from the high stress topic superfluous legalese, despite my look like you don’t have anything clever to say. situation as possible. Taking a vacation enables one to get refreshed and to re- adopt a new enthusiasm for intense study. CSU, C-M students offer ways to beat Taking a break also accomplishes something else quite practical. Brains learn better and more permanently in stress-free stress, manage health, grades, job hunt situations. In almost all cases, taking a step away from intense studying (every once in By John Stryker you energy. That, and I never miss an episode a while) enables more of the information ful CSU Rec Center as a place to sweat off GAVEL CONTRIBUTOR of ‘Gossip Girl’.” She adds a more serious to sink in. Most first year students are sur- some stress, but most are unfamiliar with suggestion: Create weekly task check lists prised at how the second semester of law another asset available to you. Health and The end of the semester is here and we in order to keep workflow in perspective. school seems so much clearer than the first Wellness Services is customized for students, are all feeling its effects. We can’t deny Matt Barren, 24, has no hesitation stat- semester – briefing is no longer a struggle, not just for undergrads, but law students too. that time is running out until finals. We are ing that running on the treadmill or getting and most students actually start to feel that Dr. Eisenberg says the staff there enjoys reminded on a daily basis how vital our GPA into a spinning class beats drinking any day. they are “getting it” without nearly the working with law students. The staff finds is to obtaining good jobs or recognition. To get a professional’s perspective on amount of effort that was put in during the them bright and respects their achievements. How do we all handle our swim or sink en- the issue, I spoke with Dr. Eisenberg, Direc- first semester. This phenomenon actually Health and Wellness Services offers vironment? All law students have an instant tor of Health and Wellness Services, about occurs because of the break, not in spite of it. fully staffed counseling services, mostly kinship as we struggle towards the goal of his observations on how stress affects law So, my advice is to use the break as a for free. Dr. Eisenberg is glad that there doing the best we can. I interviewed some students. He identified several sources of “break.” Read for fun, see family, take a is much less stigma these days to getting students to see how they handle their stress. stress: Start with a legal education com- vacation. Try not to think too much about some emotional support. Mental health Helen Rhynard, 35, finds cooking to be pressed into 3 years, add a job, a family, price the study of law and come back refreshed. professionals see themselves more as life her creative outlet from school. She finds of tuition, the pressure of job offers based coaches. All you may need is a compassion- it relaxing to forget about school for a while on grades and Bar performance, and don’t ate audience to talk over your problems, air to prepare an inspired meal she is proud to forget that final that determines your grade them out, and figure out a path of action. present to her family. She says, “I welcome for the entire semester. Clearly, there is a Dr. Eisenberg finds many commonal- an intricate meal because when I’m cooking, disproportionate focus on grades than other ties with stressed out law students due the only thing I can think about is cooking.” professions and our minds and bodies take to his days at Columbia Medical School When she needs more, she takes a the burden. He finds that stress is mostly and dealing with raising children and five mile hike in the park on a regu- self- inflicted because law students have put putting them through graduate school. lar route in the metro park. She feels themselves in a highly competitive situation. There is no need to feel like you are on all the stress leaves her so she can get He noted that male and female law your own. Law students coming in for back to business when she’s done. students can handle their stress differ- anxiety and panic attacks are common. Pete Zahirsky, 24, keeps it simple ently. Women tend to feel stress from all For more in depth issues, their licensed with some “veg” time watching TV and directions but usually have better verbal psychiatrist, Dr. Gillian Schweitzer, is playing video games as a distraction. A skills and more freely confide in their available by appointment at 216-687- long walk with his dog tops off his list. friends. Men tend to internalize their 2277. In nearly every case, even as seri- Julie Hack, 23, takes a night off with stress. They are more reluctant to treat ous as dealing with divorce to feeling the her boyfriend. any illness, including mental issues. No need to drop out, solutions are likely. Sunny Nixon, 33, declares, “Running! It matter how stress affects you, there is help. Dr. Henry Eisenberg can be reached by keep you refreshed, relieves stress and gives All students are familiar with our beauti- telephone or appointment at 216-687-3649. THE GAVEL POLITICS DECEMBER 2008 5 The Political Broadside A right to same-sex marriage? By George Sakellakis By Kevin Kovach CONSERVATIVE GAVEL COLUMNIST LIBERAL GAVEL COLUMNIST In Adolf Hitler’s “Mein Kampf,” the Fuhrer rea- My grandmother, a dark-skinned Greek woman soned that homosexuals are “race traitors” and should who graduated from East High School and served be sent off to death. Gay-bashing was just a small part as a World War II field nurse in Western Europe, of Hitler’s scheme, one that slowly propagated fear and did not suffer discrimination lightly; nor do I. hate of such magnitude that a loving, promising, and When grandma attended then nearly all-white cosmopolitan society eventually migrated to the belief East High, she was called the n-word and unleashed that life’s answers came from burning fellow human such righteous fury upon the pathetic racist who in- beings in ovens. While the U.S. and our allies bravely sulted her that the school yearbook gave her two nick- defeated Hitler and his evil philosophy, we must not be- names. The first, known to our family, was “Nike,” come ignorant of the fact that if the planets aligned prop- after the Greek goddess of strength, speed, and victory. erly, we too could become just as unjustifiably hateful. The second, attributed to the yearbook staff, Asking me or other conservatives what we think was “Fiery Greek Temper.” Later, while serving about gays marrying is a worthless step in analyzing whether they should enjoy the right. as a field nurse during the war, grandma was assisting in an operation when Gen. Not my, nor a tyrannical majority’s personal, moral or religious beliefs should be imposed George S. Patton stormed into the hospital and began his habitual, discriminatory be- on others as to override their basic rights of equal protection and due process. Once the rating of only shell-shocked troops. Grandma’s “fiery Greek temper” prompted her right for two persons to join in a legally recognized union is given to the people, I don’t to unconsciously move towards Patton’s loaded pistol in his holster, before her see any way the government can deny its equal application without a darn good cause. I reason set in. As my grandmother is the foundation of my political beliefs, let’s ap- can conceive of no compelling or even legitimate interest that would allow the govern- ply my familial failure to suffer discrimination lightly to the gay marriage debate. ment to pick and choose who gets to marry or which sexual preference is proper. If there I believe my views on gay marriage bear logic and thus controversy in this some- are worthwhile reasons why we should allow our often inefficient and idiotic leaders to times illogical society. Marriage is a religious union between two loving people who enforce such a classification, I’m all ears. But thus far, any offered reasons seem to be wish to devote their lives to each other. Because historical Europe had absolute unity comprised either of biblical reference or fear and smokescreen, neither of which should be between church and state, our Euro-centric culture began in the 1600’s to identify a powerful enough to stand in the way of the rights of a free and supposedly rational society. civil union between a man and a woman as “marriage.” However, a civil union ought Allowing gay marriage, while not traditionally “old school” American, is not a radical to be a civil union. Government has no place declaring a union between a man and a change in our country’s values, but rather a conservative stance on equal rights. A real woman before a magistrate in a courthouse, or a mayor in a city hall, a “marriage.” conservative wants all people to both enjoy the benefits and shoulder the burdens of our laws No religious official presides over the ceremony. The ceremony does not occur equally. We want government to protect our basic rights and empower people to excel beyond inside a religious building. Such a civil union does not require the presence of fellow others as they so choose. And if they don’t choose, we want each rung of the ladder to sting members of a particular religious tradition, but only the presence of witnesses whom them just as hard as anyone else on the way down. Accordingly, we should afford same-sex you can literally drag off the street, as Sarah and Todd Palin did when they eloped couples the same marriage rights as heterosexual couples, impose on them the same duties before witnesses from a senior home down the road from chapel where they mar- and obligations to each other, and mandate that they be penalized just the same when doing ried. As a Catholic, I am offended when I hear people were “married” at City Hall. things like neglecting their children, divorcing, dividing property, and seeking alimony. If a religious institution sanctions the unions of both heterosexual and homo- Even if we compromise and keep the traditional definition of marriage while giving sexual couples as marriages in its tradition, and both couples seek marriage licenses, same sex couples civil union rights which mirror those of marriage, a government man- why can the government refuse the license to the homosexual couple while grant- dated stigma of “separate but equal” is created. Though marriage is an institution and a ing the same license to the heterosexual couple? Why can government grant a “tradition,” I can recall another American “tradition” of making black people drink from civil union to a homosexual couple but deny the couple the legal rights of marriage, separate water fountains, which were supposed to be just as clean and offer water just as while granting a civilly united heterosexual couple the legal rights of marriage? cool as the white peoples’ fountains. While I’m embarrassed to call this a part of our past, I cannot list all arguments for such blatant discrimination, but I’ll dismiss four I am equally as proud of those who worked to wake America up and reverse that trend. that I frequently hear. First, I hear that allowing homosexual couples to marry would But I am becoming embarrassed again at the fact that we are falling sleep once more. burden our governmental tax structure. I have difficulty understanding how the same At a time when our recent advances in tolerance, while good, have given us false hope conservatives who so detest taxes see a benefit in permitting heterosexual couples that everything is ok, we remain ignorant of the fact that hate lies among us, and can to file jointly, but believe homosexual couples must file as single taxpayers and thus easily rear its head by way of discriminatory but perfectly enforceable Constitutional pay more annually. I don’t suffer tax discrimination against homosexuals lightly. amendments. While it is certainly Constitutional to hate someone, this evil should not The second “argument” is that “traditional marriage” is best for raising chil- be affirmed and imposed by way of the legal process. We need to wake up yet again. dren. Says whom? Does having two mommies or daddies ensure a child’s homo- There was a time in our history when even such a self-righteous country as France sexuality, and one mommy and daddy ensure heterosexuality? Is homosexuality a loved and respected us enough to build us a huge statue, built on a base that read “give choice, even though growing scientific research suggests a genetic foundation? Can me your tired, your poor, your huddled masses, yearning to breathe free.” Contrary people suddenly decide to stop being attracted to the either the opposite or the to the liberal platform, these words didn’t create a welfare state; they represented a same sex? Should society leave children in orphanages or sometimes abusive foster country where justice would be administered equally, and everyone would be em- care homes, rather than allowing them to join loving, stable households, solely be- powered with the same right to excel. If we add the qualifier “except your gays” cause the two members of those households possess the same reproductive organs? to those words, we go against our history of being the land of opportunity for all. The third “argument” is that legalized gay marriage necessitates legalized po- While governmental over intrusion into our lives has eroded the meaning of those lygamy. Really? Allowing two men or two women to share a one-on-one marriage words of liberty, they are not yet lost. We are at a critical crossroad in our history, and would necessitate the legalization of marriages involving at least three people? it is up to us to determine which path we will take; we can’t allow ourselves to erase A fourth, and most ridiculous, “argument” is that gay marriage will lead to easier the rights of others by way of fear-laden Constitutional amendments. In the interests divorce. WHAT?! Roughly 50% of marriages end in divorce. How would homosexual of freedom and the inclusive tradition of America, I respectfully dissent from some of marriages increase this rate? the mislead uber-conservatives of which, statistically, are about 5-10% homosexual. If my dismissive attitude towards opposition to gay marriage offends you, I’m sorry; I warned you that I do not suffer discrimination lightly. Liberal rebuttal. . . Conservative rebuttal. . . You loosely addressed the federal aspect of the matter. We have never amended the All hope is not lost. Liberals and conservatives can and do agree on some things, Constitution to deny a right—only a privilege that we later restored. The long, sober especially when they think for themselves instead of a fractured ideology. This is- nightmare of Prohibition ensured that Americans who lost their shirts during the first sue, our columns both asked why government should have the power to discriminate Hoover administration could not legally enjoy a stiff drink when they most needed one. between persons of differing sexual orientation when such orientation is perfectly As we struggle to stay afloat through the end of the second Hoover administration, I find permissible, and they ended up with essentially the same answer – that it should not. it infuriating that those with the most zealous adoration for Herbert II demand to prevent Child sexual offenders are not allowed to live near schools. Rightly so, for objective people from legally uniting as one when times are tougher than ever to survive alone. data suggests that child sexual offenders will offend again, and the interests of children The social “conservatives” who push this hateful ban fail to understand that they hold outweigh the sexual preferences of the offenders. Likewise, we don’t allow felons to a position antithetical to the vital conservative principle of local control. In my estimation, own firearms, because frankly, known violent criminals tend to shoot people. These are even social conservative hero—but “originalist”—Justice Antonin Scalia would prefer to just the types of “discrimination” that most of us don’t mind our government employing. keep marriage out of Constitutional text. I believe Scalia is an originalist in the sense that his We both wonder where the data is that suggests gays will divorce more often, chambers conceal a time machine by which he travels back to 1787, and upon realizing that raise worse children, or abuse their health insurance rights more than heterosexual even through time travel his views fail to deviate from present norms, the erudite jurist feels couples. If I were to see such figures which show gay couples are more harmful to he gains the absolute truth of the Founding Fathers’ intentions. Yet I ardently contend that society than non-gay couples, I would support some focused regulations like the ones Scalia’s judicial philosophy contradicts those who wish to amend our Constitution to limit mentioned above in the name of protecting society. But having perceived nothing of to one man and one woman the fundamental rights to loving marriage and bitter divorce. the kind, I find no need to give such broad rights to some and deny them to others, Since we should disagree on something, I take umbrage with your “respectful” considering that those “others” have done nothing illegal and show no propensity to. dissent from spiteful bigotry. California Proposition 8 proponents campaigned to take Our nation has a history of (eventually) sticking up for discreet and insular mi- away an existing right to marry. Anyone who insists upon revoking equal rights from norities who had previously been discriminated against for the wrong reasons. I American citizens warrants the same modicum of respect he or she affords others—none. submit that otherwise law abiding homosexuals have an innate sexual preference that is as unchangeable as the color of their skin, that the preference in itself is both as harmful and harmless as the other sexual preference, and that we as a self-gov- erning people should not deny any given rights solely because of such preference. Page 6 Opinion December 2008 SBA hard at work for students Partisan press a disservice to citizens

By Elias Hazkial Next, I would like to take the oppor- By April Stephenson ing system, founded by Ted Turner, is home SBA PRESIDENT tunity to highlight the SBA’s service to GAVEL COLUMNIST to CNN. Both media outlets command our community at large. Lauren Smith, the nation’s eyes and ears in the realm of Greetings!! We’re coming around to President of the Employment Labor Law The average American household owns news broadcasting. It would seem that the home stretch for this semester and I Association (ELLA) and Matthew Marshall around 2.73 televisions, and over 71% of these media conglomerates are playing want to extend best wishes to everyone (3L Senator) championed a fundraising Americans have Internet access. Today, the political sentiments of viewers like a fiddle. during their study period and with their campaign to make a charitable contribu- amount of information and news available Increased ratings mean increased profits. final exams. It has been an exciting tion towards the Boys and Girls Club of to people is staggering. The development of Of course a news station must make Fall Semester: 1Ls are finding out what America, a favored charity of one of our technology has rendered the old newsroom some revenue to sustain itself, but what they are really made of; alumni, the late Tim Russert. ELLA spon- obsolete, and in its wake are politicized and effect does this recent shift have upon the SBA 2Ls are reaching the top sored a “cornhole” tournament at Panini’s entertainment-based broadcasts. Viewers are quality of information fed to the masses? President of that hill; 3Ls are bat- Gateway, and the SBA sponsored a debate bombarded with highly attractive anchors If the news anchor who looks striking in a Column tling “senioritis”; and 4Ls watch party at Bier-Markt. I am proud to whose faces barely move. Flashy backdrops, red blazer only reports the victories of only are laughing at the rest of us. announce that as a result of the combined constant movement on the screen, and one political party, the millions of viewers To recap this semester, the SBA is efforts Matt and Lauren, as well as all those highly politicized reporting, are designed firmly committed to that particular news proud to highlight a few of its accom- who have generously participated, the SBA to capture and hold the viewer’s attention. outlet discard the other party and relish in plishments for the student body. First and will be making a $1000 contribution to the So who do we trust to report the news? the confirmation that they voted for the right foremost, the “paperwork” is filed for ac- Boys and Girls Club of America on behalf Out of fifty random C-M students sur- candidate. If they changed the channel, they quiring new lockers. I realize that the buzz of the Cleveland-Marshall community. Fur- veyed, 26% preferred CNN. The second would be confronted with a drastically dif- regarding lockers has been hovering over thermore, the SBA wants to thank everyone preferred ferent news our heads for a few years. However, just who contributed to our food drive. We were s o u r c e r e p o r t . like the food service station on the second able to collect the equivalent of two full was NPR Flip flop- floor, it will happen as long as I can help it. shopping carts. Additionally, the Bishop with 16% p i n g f r o m Anticipate the new lockers being in place Cosgrove Center (local soup kitchen) o f t h e F O X t o when you come back from winter break. graciously thanks the SBA for sending 8 random CNN during For that matter, please pay attention for students on Friday, November 21 to serve s a m p l e t h e r e c e n t further updates regarding locker clean-outs lunch to 300 of Cleveland’s hungry citizens. p r e f e r - presidential for the end of this semester. New lockers Next, upperclassmen please be aware ring the campaigns, it could not come any sooner considering that in light of the new grading policy national became ap- the recent rash of thefts this past semester. that includes A-, B-, and C-, in order to r a d i o parent which Continuing on the students’ needs, The elect a “pass” option, you must still earn b r o a d - c a n d i d a t e SBA is working with the Law Library to at least a C or higher (in addition to the c a s t s . each of the provide an electronic card reader to enter other standard requirements). NOTHING The New York Times placed third media conglomerates endorsed. Each the Law Library after “public hours.” This HAS CHANGED WITH REGARD TO with 10%, and 16% of those surveyed channel reported a different winner of the system is a welcomed addition to the Law THE “PASS” OPTION. Receiving a C- in preferred local news sources, including same debate, and focused upon its chosen Library to enhance our safety and comfort a class does not permit a student to elect a the Plain Dealer and Channel 3 news. candidate’s victories while leaving out his while diligently utilizing the facility and “pass” and the letter grade will be recorded. Interestingly, there were no students who or her weaknesses. These self-proclaimed resources of our fine institution. Fur- Lastly, I regret to announce that the SBA preferred Fox News above all others. winners fit nicely into the spheres carved by thermore, the SBA is working with the will NOT be hosting a Holiday Social (or On the national scale, however, Fox media moguls that seem to mirror the bipar- Law Library to add a new student lounge end of the semester social) this year. There News was the highest rated news chan- tisanship of the nation’s political system. in the library. The Law Library has gra- are many factors for our decision, the big- nel in the country in 2007, with The Unfortunately, the modern trend has ciously committed the current copy room gest being the timing of final exams. Final O’Reilly Factor receiving the number been to abandon the goal of objectivity and as lounge space, along with some articles exams this fall run until December 23. This one rating in its timeslot for 85 con- embrace news that caters to a particular of furniture, so students can take phone day is a Tuesday, and one day before Christ- secutive months. CNN placed second. demographic to boost ratings, and thus calls, heat up and eat food, or just hang mas Eve. Those two facts alone give reason Common knowledge tells us that con- increase profits. While this is acceptable out over a cup of coffee – without having to believe that attendance will be poor. Also, servatives watch Fox News and liberals for shows meant to entertain, this trend to leave the confines of the library and the Cavaliers have a home basketball game watch CNN. Is it a coincidence that these must be scrutinized when it is imple- re-entering through the card reader. We that night, thus it will be next to impos- two news sources are each owned by two mented in the realm of news reporting. thank the new Director Kristina Niedring- sible to book a venue to hold such a social. competing media conglomerates? News The role of the press is to func- haus, and Associate Director Jan Novak, Thanks for letting me serve you - see Corporation, founded by Rupert Murdoch, tion as a watchdog, but it seems for making these benefits available to us. you next semester. is home to FOX News. Turner Broadcast- the watchdog has fallen asleep. Exploring Cleveland, a winter-wonderland By Maryann Fremion trees and more! You can also see traditional - Jollily applying for the “Santa Claus -there is always next year. – Kyle Wright STAFF WRITER holiday plants at the Rockefeller Green- at the Beachwood Mall” position. - Andrew -Going anywhere exciting or tropical house from December 5 to January 2, 10am Czarzasty - Jillian Snyder With exams coming up most students to 4pm daily. - Going home to Canada. Re-building and faculty are more concerned with the end For more holiday ideas, check out my igloo. Playing with my pet polar bear. List some local winter events of the semester rather than holiday cheer. CoolCleveland.com or hear what these Tapping maple trees for syrup. Eating ca- -Rockets v. Cavaliers (Go Yao!) - Kewu Just remember, there’s a lot to do around Cleveland-Marshall students will be doing nadian bacon. Snowmobiling. Cutting down Li Cleveland to celebrate the winter holiday. over break: Christmas trees. Figure skating competition. -Neala park Christmas lights, Holiday The kickoff to the holidays is the Winter - Sean Burke Circlefest @ University Circle, Cleveland Fest. This event occurs the weekend after What are you doing for winter Orchestra Christmas Concerts, taking the Thanksgiving in Public Square where there break? What won’t you be doing for tour of the Christmas Story House, Legacy will be music, dance, hot chocolate and the -Going home, going to UD for a winter break? Village Caroling - Sarah Kovit annual lighting of the Christmas tree. basketball game - Damon Durbin -Briefing cases – Damon -Cavs games - Jillian Snyder Next, you might want to stop by Play- -Throwing snowballs at my Durbin house Square from November 28 to Decem- little brother - Kyle Lennen -Showing up to my What are your favorite holiday ber 23 to see Charles Dickens’ “A Christmas -Going to as many Cavs “Santa Claus at the Beach- shows? Carol”. Also inside and outside Playhouse games as possible, and drink- wood Mall” job. - Andrew -Muppet Christmas – Damon Durbin Square you can see over seventy profession- ing - Jillian Snyder “Grinch” Czarzasty -SportsCenter’s year in review - Derek ally decorated Christmas trees. -Working and spending -Golf – Sean Burke Kohanski From November 28 to December 14 and time with the family - Scott - Thinking about -National Lampoons Christmas Vacation December 18 to January 4, you can drive Friedman school - Scott Friedman - Anthony Dimora down south to Blossom Music Center and -Heading to NYC, spending -Touching any law -Rudolph the Red-Nosed Reindeer. Bob see festive light displays. There is also a time with friends/family, reading school textbooks. - Luisa the Blue-Toed Mountie – Sean Burke lighting display in Neala Park, East Cleve- for fun, writing my Jessup memorial Taddeo -It’s A Wonderful Life - Jillian Snyder land at the GE Lighting Center. This has - Sarah Kovit -No winter sports, no -The Grinch Who Stole Christmas (Old been a Cleveland tradition since 1925. -Working to make extra holiday studying, no reading law Cartoon) - Patrick O’Keeffe The Cleveland Botanical Gardens will money; relax with family and friends; – April Dao -Home Alone - Sarah Kovit transform itself into a winter wonderland hopefully travel to Chicago with -Spending any more $ on -Christmas Vacation; The Grinch – Kyle complete with gingerbread houses, lights, my girlfriend - Kyle Wright going to Browns games- Wright THE GAVEL OPINION DECEMBER 2008 7 Anonymous IL ponders love, avoids dispair, dreads finals By Anonymous 1L else. Does everyone have a study group? Am ing: what did the guy who got two points is helping you worry about those—about I the awkward one? Does everyone study more than I did do that was so different? finding good company, about making dinner, The following is the third article in 24-hours a day? Does everyone spend most On a more interesting note, sometimes I like they are as a single person. Of course, a six -part series following the experi- of those hours in the library? Does everyone wonder which is better: to be single, to be in as they say, the grass is always greener ence of an anonymous first year student. visit the professors regularly? Am I supposed a solid relationship, or to be in a supportive on the other side, and I understand that. to have a substance addiction? (Just kidding relationship, even if it’s not perfect. Maybe However, isn’t it curious? Sure, we are all L i k e m a n y about the substance addiction. Besides, it’s the holiday blues talking, but I wondered law students, but we are all human, and the of my peers, I I already have coffee.) I worry. Do you? if writing about this is beyond the bounds mechanics of civil procedure is not the only have friends from First -year It must leave of the “1L” experi- supportive structure we need in our lives. other law schools life: Part III everyone con- People say that you shouldn’t ence. Really, it is Sometimes, I feel that’s all I have time for. across the coun- cerned that we an important factor Before law school, I found myself try, and we gossip simply do not worry about what your peers in one’s lifestyle obsessing over law school blogs and law about the latest happenings at our respec- know where we are doing. Easy for them to say; during the 1L year, school advice. Bad idea! Most of it, it tive schools and, of course, our peers. stand. Just like the they’re not graded on a C-curve. and probably for all appeared, arose from unhappy law stu- The latest first-year law-student ques- holiday spirit, the of your law school dents wielding the wisdom of three years tion is, “So, is everyone a recluse yet?” infamous competi- years. I found that spent somewhere they simply did not It’s true: as exams draw near, everyone tive tension is in the air, particularly while there is a large contingent of people in our belong in a subject they may not have en- is in hiding. With any phone call, the answer dealing with the aftershocks of the midterm classes who are settled down, whether they joyed. Somehow, it translated into threats is always, “I’m sorry, I can’t, I’m study- quake. People say that you shouldn’t worry are married, engaged or have long-term that law school would steal my soul. ing.” I’m guilty as well, but I suppose it is about what your peers are doing. Easy for significant others, and I feel they approach But the best advice comes from experi- just the nature of the first semester, and it them to say; they’re not graded on a C-curve. their studies much more easily than me. ence. Although, after midterms, my ego could happens at law schools everywhere. I can’t You would think we would know where As a single person, it begs me to wonder use a bandage, insofar as I know, my soul is wait for finals, if not only to be able to spend we stand after midterms, but, although more if we all consider this: Who is investing in still intact. Perhaps I’m not sure where ev- time with someone other than Williston, helpful than less, even that can be a vague you? And, does it matter? While there’s eryone else stands, but I think I belong here, Corbin or the crazies in the Torts book. depiction. Several of my professors have something to be said for taking care of even if I’m alone. If I get lonely, I hear I can I haven’t found a regular study group, separately said that the midterm grades oneself and following your own ambitions, find some mighty-fine people at the library yet, though I’ve ventured unsuccessfully “don’t really matter.” What?! Unfortunately, it certainly must be nice to have someone to during exam week! Then, afterward, perhaps into a few and have not tried since. I’m not the pressure to be the best does matter, and regularly give you a hug, with whom to share we can all come out of hiding and relax: the sure if I’m in the minority, and I constantly it is only determinable in numbers, some your hopes and worries, to talk about simpler hardest part, the first semester, will be over. worry that I am never doing enough. That’s which appear at face-value to be arbitrary. things, to make you lunch and dinner dur- Good luck with exams and happy holidays! the funny thing: I’m not sure where most Without a model answer, I’m not sure what ing this trying time of our lives. When law people stand on these concerns. It’s like high the guy who got the highest score did that school worries are enough, perhaps when THE GAVEL school all over again, but instead of wanting was so drastically different than what I did. you are with someone, those worries are not to be cool, I want to be as nerdy as everyone Perhaps less obvious, but more threaten- accentuated by the bills—because someone CLEVELAND-MARSHALL COLLEGE OF LAW CLEVELAND STATE UNIVERSITY 216.687.4533 TELEPHONE A Christmas Ale Story Argued... 216.687.6881 FAX [email protected] By Mike Borowski tive with a couple of Christmas Ales STAFF WRITER are Leo Kratz III and Keith Cassidy. -continued from page 2 Like a couple of Ohio riverboat gam- This Christmas, blers, Leo and Keith can be found at tiff witness, a policeman, who knew the $44.99 will get you The Clevelander Bar & Grill, drinking a material cold. As a defense witness, Luisa an official Red Ry- round of Christmas Ale and filling out a Taddeo did an excellent job in dodging der carbine-action, handful of Keno tickets. At only $4 a pint Yes/No questions on cross, giving longer two hundred shot it’s easy to understand why they patron- answers than necessary and plaintiff’s Co-Editors-in-Chief Range Model air ize The Clevelander. With the price of a attorneys. Her testimony helped during Paul Deegan rifle with a com- six-pack increasing from $10 to $11 this Rick Ferrara closing arguments, when that still-frus- Michelle Todd pass in the stock year, The Bier Markt charging $7 a pint, trated attorney gave a very long, loud and and a thing that tells time; or, a case and the Parma Tavern charging $6 - it’s angry closing argument, and Katie calmly Staff of Great Lakes Brewing Company’s hard for a law student to find any kind of a countered with a clear and concise close. Anonymous 1L Christmas Ale filled with 288 oz. of deal in this time of economic uncertainty. Mike Borowski C-M’s plaintiff attorneys, Lui- Tara Chandler honey brewed holiday ale that has been Kratz, a native of neighboring Indiana, sa Taddeo, and Justin Rudin competed Joseph Fell spiced with fresh ginger and cinnamon. was accepted to several other law schools against The University of Cincinnati. Stacey Fernengel The Christmas Ale doesn’t come but finally decided to attend C-M because it This competition was not as polished as Maryann Fremion with a compass or a thing that tells time, meant that he would be closer to the source Jeremy Samuels the other one for a number of reasons, Jillian Snyder which is rather unfortunate, because the of his favorite beer. “I really enjoy Christmas none of which were the fault of C-M. 7.5%ABV ale will definitely leave those Ale,” says Kratz, “it’s a very intoxicating Luisa gave an excellent opening state- Gavel Columnists that drink too much of it lost in a world beverage. I wouldn’t say that my decision ment for the plaintiff side. She never Kevin Kovach where time is measured by ounces and to attend C-M was solely based on the fact George Sakellakis hesitated, and was clear and concise April Stephenson distance in stumbling baby steps. What that Christmas Ale is brewed just over the throughout. Her direct of Maryann Fre- Christmas Ale does come with, according river in Ohio City, but it may have played a mion, was the same way. Both knew their Gavel Contributors to 2L Brad Eier, is “a pretty good time that role. To me, the Great Lakes Brewing Com- material. Maryann then contended with a Eman Dughly tastes kind of like cinnamon.” Regrettably, Jonathan Krohl pany is kind of like a modern day version rather tenacious defense attorney who tried Klaus Luhta due to this being one of the busiest times of Bethlehem. Great things are born there.” to shake her up. She ably worked her way Hilary Michael of the year no one at the Great Lakes Cassidy, from Brooklyn, New York, is around his questions and stuck to her story. Gannon Quinn Brewing Company would confirm Brad’s also a fan of the seasonal brew. When asked Susanna Ratsavong When Cincinnati’s defense team be- Joe Shininger statement when asked whether or not “a if he had anything to say about Cleveland’s gan, both Justin and Luisa began to shine. Arunesh Sohi pretty good time” is determined by the type King of Beers, Keith looked away from the Louisa stated her best moment was “win- John Stryker of hops that are used during the brewing incoming Keno numbers and into his glass ning control of the courtroom during cross- process. In fact, they hung up the phone. of beer. “Christmas Ale?” he said, “Yeah . . examination and having the witness answer Adviser Thomas Buckley To say that the folks over at GLBC . this is the last round I’m buying tonight.” my questions exactly as I wanted.” Justin Printer P.M. Graphics are busy could be the misstatement of the Although a night spent drinking Christ- impeached the final defense witness, who year. They’re swamped. At the annual mas Ale might seem like a great idea at http://www.law.csuohio.edu/students did not know his material. He claimed his ALL RIGHTS REVERT TO AUTHOR “Feast of All Saints – Christmas Ale Style” the time, moderation and hydration is very best moment was rebutting the defense’s this past November 3, 2008, over 240 important. Otherwise, the following morn- close when he said, “standing up there cases of Christmas Ale were sold in less ing will leave you feeling like you have giving my closing argument, the judge, than 24 hours and more than 2,114 pints arrived on the frontline of a massive, gut- the jury were hanging on my every word.” were poured over the span of 13.5 hours. wrenching artillery bombardment. There’s Team One also did well at the competi- that they finally were able to put their In the last month more than a pint a saying that when in werewolf country, tion. Nick Mamone described his favorite trial skills use in a real setting. Mary- or two of Christmas Ale has made its pack silver bullets. Well, when in Christ- moment as nailing his closing argument. ann said she was happy because “no way into the hands of 3L Adam Fletcher. mas Ale country, pack plenty of aspirin. He received the award for best litigator one objected during my opening state- “Between preparing outlines for final Humphrey Bogart once said that “the out of the C-M Team. His co-counsel An- ment.” Team members are listed below. exams and shepardizing my casebook, problem with the world is that ev- thony Rich said it was that The newest student organization to this time of year can start to get a little eryone is a few drinks be- award to his team the C-M community is the Canadian Law stressful,” says Fletcher, “I like to take hind.” That may hold true, that made his day. Student Association (CLSA). So new in the edge off with a few Christmas Ales. It but for at least two months All members of fact, that the association is still waiting really helps to put things into perspective.” out of the year everyone the team enjoyed for authorization from the Constitution Two C-M students who also en- in northeast Ohio is do- the competition, Review Subcommittee, which is expected joy putting things into perspec- ing their best to catch up. particularly the fact to be approved by December 3rd, 2008. THE GAVEL