The Docket Historical Archives

2-1-1996

The Docket, Issue 5, February 1996

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Recommended Citation "The Docket, Issue 5, February 1996" (1996). The Docket. 193. https://digitalcommons.law.villanova.edu/docket/193

This 1995-1996 is brought to you for free and open access by the Historical Archives at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in The Docket by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Ih Wknova Law 'Dockt

Vol. XXXI, No. 5 The Villanova School of Law February 2, 1996 Blizzard Pummels Area, Eh^ops 30.7 Inches of Snow on Philadelphia Law School Closes for Two Days Because of Storm by Rich McGuire girlfriend needed help moving in. But the prepared us for the onslaught mother The storm is reminiscent of the ice- It all seemed innocent enough at two snow didn't stop. Not for lunch. Not at nature unleashed. storms two years ago, which caused the o'clock Saturday morning; nice little dinner. Not until sometime the next day, The amount of snow was so great that Law School and many other schools in flakes were coming down, dusting the and not until unleashing more than a both Governor Tom Ridge of the area to shut down for an entire week road, making it a little slick, but even record two and a half feet on a mostly Pennsylvania and Governor Christy because of dangerously slippery driving more pretty. Even at ten it wasn't too unsuspecting Philadelphia. The weather Whitman of New Jersey declared States conditions. bad. Sure, it was a storm, but the main reports had called for a foot, maybe a foot of Emergency in their respective states. Upon receiving three inches of snow roads were OK, and besides, my and a half on the outside. But nothing Only essential vehicles were allowed on the following Friday, the Philadelphia the roads. area had received 33.7 inches of snow in Even Villanova Law School, which one week, more than it had ever received rarely closes because of the weather, was in any previous month since records have forced to suspend the first two days of been kept. classes due to the critical nature of the Whether this weather is any indication situation. Many professors were of things to come, only time will tell. apparently stranded in far-flung locales, However, in the spirit of the date of unable to fly back to Philadelphia because publication of this issue, I hope that little Team Takes Third of whether related problems at the rodent out in Puxatawnee doesn't live airport. long enough to ever see his shadow again. at Nationals

Staff addition. Professors Mulroney, Palm and Alumni News Congratulations go out to the Tax Taggart all served as the team's practice Moot Court team here at Villanova argument bench. University School of Law on their fine This team continues Vlllanova's performance in the National Tax Moot excellent tradition in the Moot Court Court rnmnptitinn ^^g|(|-ftyT"|yT'^'(||l| earn of 'Kiar^'u' Danielle Yearick finished a strong third, 1991, and finished 1993, 1995 and this losing only to Ohio Northern, and year as National Semi-finalists. Fordham University. Fordham eventually Villanova team members have also PHILADELPHIA, PA. investigate the viability of toxic tort took the competition. received various Best Brief and Best claim, and to prepare the pleadings The VLS Tax Moot Court team is Oralist awards during its participation Stuart J. Agins, partner and trial and discovery needed to properly advised by Prof. James E. Maule, and its over the years in the National attorney with the law firm Bernstein, pursue a claim. He also discussed Moot Court Advisor is Alison Petrycki. In Competition. Silver & Agins, was recently a course theories of liability and elements of planner for, and a speaker at a recoverable damages. Continuing Legal Education course for the Philadelphia Bar Education Center Agins has represented plaintiffs titled, "Toxic Tort Litigation: The exposed to toxic chemicals and other Basics In Pursuing a Single Plaintiff hazardous substances. A Or Multi-plaintiff Claim." . B He received his B.A. from Agins, who concentrates his Pennsylvania State University, and his practice in the area of personal injury law degree, cum laude, from Villanova and other tort claims, discussed the University School of Law. Agins is a Eve steps attorneys must take to Huntingdon Valley resident. What we've wrought this month: use of the museum, and the quality of food by Jennifer Prince Check out these hot web sites: page 4 This year's Barrister's Ball will be being served." Find out what's in store for the upcoming semester: held on February 16, 1996 at the Academy of The Best Western Hotel, which is Natural Sciences from 8 pm to 12 am. It will located three city blocks from the museum, is Horoscopes, page 7. be the first time that the Ball is located in a offering a low rate of $65.00 per room for Docket Editor embarrasses himself! page 3. museum. Villanova Law students attending the Ball. Get your SBA minutes fix; page 2. Students will have free access to the Students who choose to stay at the hotel can museum's exhibits. There will also be an check in before the ball and park for free in Finally, the answers! (oh, and the latest Quiz): page 6. open bar all evening serving top-shelf liquor the hotel's parking lot. The hotel is also If you don't read it here, why not write it here? and food stations throughout the museum, within walking distance to the museum. To including grill and pasta stations and butlered reserve a room at the hotel, students should U.S POSTAGE The Villanova Law Docket hors d'oeuvres. The food stations will be call (215) 568-8300 and mention that they are PAID situated so that a "sit down dinner" will not Villanova Law Students attending the Villanova Law School Villanova, PA Permit No. 5 occur. Instead, students will be able to choose Barrister's Ball. Villanova, PA 19085 from a large variety of food at their leisure. Tickets for the Ball are on sale in Non-Profit Organization Furthermore, there will be a large dance floor the cafeteria until February 9th. A menu for located in the center of the museum with a DJ the event is also available at the ticket booth, playing all evening. and it will be posted on the SBA bulletin The cost of the Ball is $45.00 per board.

person. SBA representative Mike Mullen The SBA is also currently planning acknowledges that "this is a very fair price the 100 days party for the 3rd year students. considering the open bar all night, the DJ, the The party will be held in early February. February 2.1996 • THE DOCKET • Page 2

Student Bar Association News

Minutes of the meeti n g s

STUDENT BAR ASSOCIATION busing and hotel discounts. We will Monkemeyer, Marissa Portillo, Lisa *• BUY YOUR TICKETS NOW get 25 rooms blocked off - note that Nobile, Cathleen Kelly, Jon Spadt, BEFORE THEY'RE ALL Minutes, January 18, 1996 4:30 - 5:35 these rooms will not all be on the Sean Bellew, Teresa Reid, William GONE!!!!!!! same floor. More information will be Linero, Melissa Wojtylak, Jen ** Work-a-Day is on Saturday, Members present: available later. Auerbach, Sherri Affrunti, Ray January 17. Sign-up poster and more ** Client counseling. Walheim, John Richards information is on the SBA bulletin Holli Sands, Carlos Guzman, John ** Sherri is still in the process of ** Roll call. board. If you have any questions, Scheib, Keith Forkin, Elizabeth Drey, setting up Work-a-Day. ** Jon Spadt gave the budget please see Sherri Affrunti, ABA Andrew Monkemeyer, Marissa ** There will be a TG on Friday, report. Representative. Portillo, Lisa Nobile, Cathleen Kelly, January 19, 1996 at 4:00. Sean will ** Organizations Note: deadline ** Reuschlein speaker series. Jon Spadt, Sean Bellew, Teresa Reid, be in charge of cleaning u p to be reimbursed for events from last Mike Mullen, William Linero, Melissa and organizing. semester is February 1. Please talk to Topic: "What would happen if the law Wojtylak, Jen Auerbach, Sherri ** Reuschlein speaker series. Jon Spadt if you have any questions. school closed tomorrow." Voted on Affrunti Topic: "What would happen if the law ** Checks for used books are professors to ask to speak. Need to •• Roll call. school closed tomorrow." available in the cafeteria. find a date to have this event. ** Jon Spadt gave the budget ** Villanova basketball tickets report. HAPPY BIRTHDAY TO KEITH for the Spectrum are available in the ** 100 Days Party!!!! 100 Days ** Checks for used books will be FORKIN !! cafeteria. Party is tentatively scheduled for available in the cafeteria. ** Barrister's Ball Report. We February 7. Need to find out if we can ** The Spring Budget Meeting SBA MEETINGS ARE EVERY will have the Barrister's Ball at the use the cafeteria. Andrew and IL will be on Thursday January 25 from THURSDAY AT 4:00 IN THE Academy of Natural Sciences. There Representatives are in charge of the 6:00 to 10:00 p.m. FISHBOWL will be loads of food at the Barrister's ** Melissa and Sean will talk to Ball! Open bar. Date is February 16, party. Any ideas, please talk to Dean Frankino about letting groups 8:00 - 12:00. Tickets are now on sale Andrew or one of the IL use the cafeteria for events Monday - • * • in the cafeteria - $45 a person. SBA Representatives. Thursday. will be organizing busing and hotel ** Alumni panel. We will discuss ** Barrister's Ball Report. We STUDENT BAR ASSOCIATION discounts. We will get 25 rooms will have the Barrister's Ball at the blocked off - note that these rooms this at the next meeting. Academy of Natural Sciences. Yes, Minutes, January 25, 1996, 4:30 - 6:00 will not all be on the same floor. More ** 3L Gift Committee. We will there will be loads of food at the information will be available later. discuss this next week. Barrister's Ball! Open bar. Date is Members present: , ** , SBA will start selling bus^ SBA MEETriygS'-sARTg^'^WfelU mnHHl February 16, 8:00 - 12:00. Tickets are tickets on 'Tuesday, ianuary 30. ^ now on sale in the cafeteria - $45 a Holli Sands, John Scheib, Keith ** IL's will be making THURSDAY AT 4:00 IN THE couple. SBA will be organizing Forkin, Elizabeth Drey, Andrew announcements in first year classes. FISHBOWL Letters to the editor

Lamar Alexander is the presidential the tools with which America can income and had job growth greater than Bill Clinton has failed America with candidate of optimism who believes the continue to create jobs. Moreover, twice the national average. his fence-straddling leadership. We now solutions to America's problems lie Alexander supports simplifying the tax As Secretary of Education under have the chance to choose between Bob within each one of us. While recognizing code and lowering taxes so that citizens Ronald Reagan, Alexander started Dole and Phil Gramm's inside-the- that there are problems in America, can keep more of their hard-earned dollar. America 2000, which encouraged high beltway, Washington politics of anger, or Alexander understands government Finally, he believes the government standards in core subjects, making the politics of optimism and personal intervention is not necessarily ' the should live within its means just like schools more accountable for their integrity. President Clinton is licking his solution. Thus, Lamar advocates smaller, every American family; therefore, he performance and school choice. President chops to run against one of these insiders, less intrusive government that allows us supports a balanced budget amendment. Clinton's goals 2000, however, shattered but is scared to death of Alexander's to achieve our maximum potential In addition, Lamar Alexander's that initiative by merely focusing on how optimism, vision, integrity, and un­ without the government on our backs. credentials are impeccable. He was one much money Washington Bureaucrats can wavering leadership. That's why Lamar Alexander is running for President of the most successful state governors in spend on education. Therefore, Alexander asks us all to "come on along" based on sound, conservative fiscal recent history. Under Alexander's Alexander proposes to send education and help him make tomorrow in America principles. He advocates less leadership, Tennessee went from last to back to the states in order to empower a brighter day. government, free enterprise, education third in the nation in new automobile parents and teachers with control over reform and^entrepreneurship. These are production, from 49th to 36th in family what goes on in the classroom. John M. Scheib, 2L.

Sample some oj- fKe besfy locals A^icF^o-bF^ews... STOUDT'S 9-1 i p.m. wi+K Bob 1^oc!0eK's to ai^swe>* yout^ quesfioKAS Jo PI US: LAW SCWOOJL $1.25 Bottles of Lite & $1.50 Domestic Pints and SI L L V RA B B I T Ii v e ! Wednesday, February 7th at M arifa 8 Canfina 610 Lancaster Ave., Bryn Mawr (610) 527-8989 February 2,1996 • THE DOCKET • Page 3

'DOC'KBT'E'DllOmjPiL

By ^RicJi 9\XcQuire To the Villanova Law Community, 'Dupe's Corner it/ DdVii %uiee

The University of Massachusetts has Dave's Corner by David F. Kwee everyone's business. is but the surface of the many problems the best men's basketball team in the January 15th was just another day. It A scenario that even non-lawyers could that we face as a country; so beautifully was Monday, so I had three-classes,. and as find themselves involved in, is as an nation. There. I said (wrote) it. HolU, diverse, yet divided. I never claim to have I gor in my car; ready for the drive to eyewitness to a crime, or an auto accident. any answers to the problems that we face you may consider this your formal school, a radio disc jockey jokingly We all like to think that we are good at as individuals, and as a society. However apology. U. Mass is the best. alluded to the fact that this day does not identifying people, and their faces. I growing up in a multiracial family, or For the rest of the law school, who deserve a holiday. In light of the guess it is a socially positive quality to be neighborhood, has proven that a person "Blizzard of '96" I guess it wasn't such a able to recognize someone, especially can and is able Jo learn to discern people may be wondering what I'm talking bad thing that we had to go to classes. We after having just met them once. It shows of different races a lot better. The same about, dig into the archives and pull out have already missed too many classes, and that you were considerate enough to counts for learning to discern, and your first issue of this year's Docket 1 am not looking forward to the many remember them, or maybe it shows that understand people of different race, ('cause I KNOW you keep them all.) hours that we have to make up. But let us you have a good memory, bijt in any case cultural background, and/or ethnic remember what this day, in the middle of it is a positive trait. Research has shown background on a mental level. In the "Someone You Should Know" cold, wintery January really means. that people are more likely to notice Ideally, exposure, and experience with piece on SBA president Holli Sands. I Montgomery, Alabama 1955. Just differences among the members of groups people of many different backgrounds not made some smart-ass remark about another day in the life of a special lady. with which they are familiar, in only will break down stereotypes but also Her name is Rosa Parks. On that day, comparison to differences among members prejudices. It will make us better people Villanova being better than U. Mass in instead of complying with the bus driver's of unfamiliar groups (Park & Rothbart, too. It is a very special type of love - hoops. "While sadly believing her alma wishes that she sit in the back of the bus, 1982; Wilder, 1978). Eyewitness/victims sometimes it seems the whole world is mater, U. Mass to be a better basketball she decided to stay in the front. Only who differ racially from their assailants against you, just because you like school than Villanova. . ." was the forty one years ago, and she was forbidden have an especially hard time with someone who is different - between people to sit in the front of the bus, because of identification (Meyers, 1993 and Egeth, who are of different backgrounds, and exact phrase, I believe. Well, here it is the color of her skin. Her stand against 1993). In social psychological research, seemingly at times from different worlds, the end of January, and U. Mass is No. the bus driver, the Alabama police, and this is known as own-race identification to know and learn, and absorb one 1, while the Wildcats languish back in racism sparked a movement that few bias. People are generally more accurate another's cultural differences, racial should forget. That movement was led by seventh or some such nonsense. Not in identifying targets of their own race differences, religious differences, and still the man that we pay tribute to every than targets of a different race. That is not look at them and see them as a friend, a that that's bad; but it's about time I ate January 15th, or should pay tribute to. He necessarily a bad thing, because few of us spouse, a sister, a brother, a fellow person. my crow. marched, and marched. One such march, can help it. People seem to be aware of A person who can grow up in such a 1 hope you can forgive me ray between Selma and Montgomery, Alabama the facial cues that differentiate one different environment from you, and yet provided an important impetus for the member of their own group from the other, have so much in common with you. I may rooting for 'Nova. See, Columns editor passage of the first Civil Rights bill since either because it is more important for have grown up in Europe and Asia, but I Dave Kwee and I didn't have Division I the years immediately following the Civil them to do so, and/or because they interact may still like the same music as someone basketball back at the old Alma Mater. War. Every American should know his with them more frequently. Also since we who has grown up and maybe lived their Sure, Johns Hopkins was a great school, name, for he had a dream . . . often grow up with our immediate and entire lives in the Mid-West or New We have all heard that America is a sometimes even our extended family, we England (Van Halen, Metallica, but also but we only had ONE division 1 sports melting pot of different cultures and tend to grow up with people who look a blues and Jazz i.e. Stevie Ray Vaughn, team. Do you know what it's like ethnicities. This country is so uniquely lot like us, thus giving us experience in Stanley Jordan, B.B. King, Coltrane). telling your friends from high school diverse, and that is definitely a good thing. 'learning' and distinguishing features of That can often be a start. You may even 1 have lived in Europe for 12 years, and people of our race, and ethnicity. just share a favorite color, favorite place, that your home-coming game is during Asia for 6 years, and no other country is Obviously if you grow up either in a or a lucky number, or a disdain for Civil LACROSSE SEASON!?!?!? "Uh, so diverse as this country. Yet, there are multiracial/ multicultural family, or a ver Procedure (Green, toss-up between Disney r-'-'.i _ _ - _ i-=e«Je5Taa=-.'.v.-ailKMi yeah, Scott, that a pretty neiit stiii"mfff¥swgtts^' ood, tnen & ifew York crty,'X and yes I homecoming game your football team that same diversity. No one is to blame, able to identify people of different races dislike it, but it is necessary). Often skin really. Or maybe we are all to blame. better. Thus research has shown that color, or something else that is different played. Ours? Uh, well, om, call me in Many people have said that we have made Blacks are sometimes better than Whites can sometimes act as a barrier, so that one April." JBestdes, try rooting for the a lot of progress. But another Civil Rights in cross-racial identifications. Because may never find out how much we truly "Blue Jays'' in Cal Ripkin's backyard. activist known more for his apparel and a they are a minority, they not only have have in common with each other. I am not more exposure to their own race than the saying it's easy, but Dennis Miller (the So, "Go, Wildcats." And tt> anyone movie titled 'X' once said (and I am paraphrasing) that you can't stick a knife average White person does, but they also Comedian) has the right idea when he said from Princeton. Syracuse. UNC, or 10 inches in the back of a person, then have to adapt to cross-racial experience, that its such a waste of time to hate Tjtwson, Go Blue Jays I-AX! pull it out 6 inches, and expect to call that and have to interact more with White someone for the color of their skin, and progress. people, than White people have to interact that you should get to know someone as a Many of you future lawyers maybe with minorities, and have thus learned to person. At least then you can hate that wondering, 'how will this affect me ?' pay attention to differentiate one White person for being a jerk. O yeah, and one "BtL •]/lLLP[3iO']/A Obviously, not everyone thinks that race person from another (Brigham, 1986). more thing. relations are relevant. With such a Obviously, the problem of eyewitness cultural melting pot of a country, it is identification of a person of another race. January 15th is not just another day.

EdHorlnChM Richard P. McGuIre

News Editor Mark J. Moore Words of Wisdom, Columns Editor David F. Kwee Features Editor by Mark J. Moore, News Editor Jennifer Reimel

Sports Editor M George Tsakataras "Welcome back" us are still trying to figure out what the Answers to CrossWord from Page 6.

Computer and Technology Editor heck is going on! But, you know what? Scott Kleeman First, let me wish everyone a fond That's the best part. Finding your way CROSSW RD»CrosswoitJ p R El E TTJJ f L oM• BIAIT 1 K Business Editor "Welcome back!" I trust everyone's through this seemingly uncharitable L E Ni Y AM1 E A u 1IAIL 1 K E Karen Stone A P AJ R flK^lE N TjIWIO'M E N holiday vacation was well-spent, as I business of res ipsa loquitor, res judicata nnmianmjgnpinnia BCaQ QQB DBlQuEniB Associate Editor know it was much needed. Now, and reductio ad absurdium is not only the Htamia •••• BQB J. Bartholomew Arsenault EnaEiBn anBUBQ however, it's back to business, so once biggest challenge, but it is also the most BEIBDBIBIBBBEIQDB Staff: niaiararaH nmKiima again we all need to put on out hard hats satisfying. As they say, it's not the kill, Jennifer Prince, Sean Porter, Caren Grokulsky,-Robin aaa ^DBcaQ ~ Longaker, Rachelle Popowitz, Laura Schiller, Jean and get back to work. but the chase, my friends, that the big cats Dorton, Scott Kleeman, Richard Spencer, John Murray delight in. With grades coming out, we

Ofie Viltmovi Lain Docl^t i published on the first Friday It seems everyone is looking forward all know it's lime to tighten up our act. of every month by the students of Villanova University to this semester for a variety of reasons. It's at this point when folks are School of Law, Villanova, PA 19085. Letters and articles Third-years are looking forward to confronted with two basic questions: All pieces fix the fbnan secticffl of flie next Docket are welcome from students, faculty, alumni, and the must be turned into fee Dodcet Mailbax by Wednesday, community. Paid advertisements are also accepted. Hie graduating and taking their rightful place Fdauaiy, 1995, no later than 5£)0pm Eadi letter must ViUanova Law 'Docl^t is distributed free to all current in the legal world, while second-year (1) Do you want to stay on the porch? contain the name, address and phone number of the students, faculty and administrators. Alumni who wish to authOT and must be typed, OT preferably, cm disk The receive the Hit ifilknova Law 'Doclfet should notify Tfie students delight in the fact that they have or Dodcet reserves the rigjit to refijse any piece based on ViManova Law Vocl^et at the above address. The opinions seemingly passed the halfway mark in (2) Do you want to come down and size, and requests that all pieces not exceed five double expressed herein are solely those of the writers and do not their law school careers. run with the big dogs? necessarily reflect those of the Docliet editors and staff or ^»ced, typed pages. Any questioiste^^rdingdie policies the Villanova University School of Law. or any otha infcmiatkn regarding the fcxum seclicm can Faculty Advisor And for us first-years, well... most of I'm ready to run., be answaed by OMitacting an editor of the Doctet staff Prof. John Cannon Febraary 2,1996 • THE DOCKET • Page 4

ITie VUCanova University ScfiooCof Lazu Studznt 'Bar ^sociation (Presents 'Barrister's 'BaCC 1996 1 fiostecC at . . . Ihe Sicaaenty of 9{aturaCSciences I Friday, February 16,1996 ^ 8:00 p.m. to 12:00 midnight I $45.00 per person I formal or semi-formal attire requested ^ ik Open bar all night • D.J. and Dancing ^ •Hors D'Oeuvres, Grill and Pasta Stations, Buffet, Desserts, Gourmet Coffee Stations I Free access to all first floor museum exhibits including the Dinosaur Room, the North ^ American Room and Special Exhibition Room

I Bus Service: For the safety and convenience of our students, chartered, round-trip service from school to the Academy ^I i will be available. Space is limited. Sales for bus tickets begins Monday, January 29, at the Barrister's Ball table in the i ^ Cafeteria. Further information available at the table. 1

1 I Hotel Accommodations: The Best Western Hotel in Center City has offered a special rate for Villanova Law Students attending the Ball. The Hotel is located three city blocks from the Academy and parking is free. Further reservation information available at the table.

Parking: A list of available center city parking garages and street parking close to the Academy also is available at the table. Parking garage tickets will be validated at the Ball. II ^

The Valley Forge Brewing and seats more than 20 people as I recall. I'll review anything but Marita's, the Brick address: DKWEE. Phone #: (610) 964- Company But there are many more tables at this place, Bar, Gators, Kelly's and any other places 9188. Also I am still looking for and although I didn't try any of the food, that the Villanova crowd will probably by David F. Kwee columnists, and if anyone wants to write the ribs which a waitress was carrying to already be familiar with. My E-mail this column, let me know. another table looked very good. It seems . . . And I closed my eyes, waiting to that unlike most bars, they don't skimp on exhale. That's how quiet the place was. the cuisine. 20 |lea% pppt Well not law library quiet, but let's just say (Siaal The beer itself was good. Since they that I know of a few people (3L's, go were a brewery they had a complete figure) who use this place to study. Rowdy, selection of the lightest and most golden of pushy, shovey, frat party style place a la By: Scott M. Kleeman Computer and Technology Editor beers, to the darkest, and stoutest of Ales. I . Brick Bar it ain't. In fact this does not seem am having a hard time trying to compare ^www.paris.org..80/musees/louvre (The Louvre in Paris, France) like the typical law student hang-out that this place to a place that people may be able some of you may be familiar with. The idea

Graduates who

Leigh Aherhack Nicole Gerson James Mackey Kelly Renner Christine A bozaitz Josh Gilman ^ Ai^o^ Afaraitd^ Nancy Rostek Deb^ah Abrams\^,^ Richttrd Giuliani John Martini j Eric Schteiner Diane Apa Karen Green -Marlon Martinez Kai Scott lAr^Barone Carl Gwynne Mark Mayri^s Barbara Shander Sarah Bouchard Robert Hahm K Leigh McCardle Molly Shannon LoriBrojack James Heeney Jennifer McGrath Ronald Sierezga Thomas Bums Nancy Hehfytg JeanAnne McLajferty Michael Silbert Paul Cataldo Erin Henderson D. Jennings Meificke Michael Sklar ^ Hui Chen Mary Hennessy Christine Mooney Michael Small Christine Clarke Brian Heun John Morgenstem Brian Sopinsky Pamela Clarke Andrea Hyatt Ken Mortensen ^ Stephanie Sugru0 Catherine Coition tracey Jones Brian Munley Christian Stiprmmk Michelle Corea Owen Kelly Nathan Murawsky Stephen Trevisan Stacey Cronk Richard King Kiersten Murray Rajni Verma Nicholas Day William Kingsbury Daniel OBrien George Voegele Catherine Du^ Brett Kleger Kimherly Owens Michelle Warner^ Stephen Elgin Lee Koch ' Sudhir Patel Sonya Weiler ' ^ Robert Elias Sidney Liebesman Paul Peel Gregory Williams Chr^topher Ezold Michael Lignowski - MarkPfeiffer 4/ Richard Young Sh^n Farrell Lauren Lonergan Gwen Philips Daniel Zadorozny G^ Frank Wendy Loudenslager Jennifer Platzkere Maura Zxijac Joan Fretidenberg Wayne Lyon Neal Rajmaira Eric Fr^ DanielLyons Febraary 2,1996 • THE DOCKET • Page 6 eatures w ^Tfie 'UUCmova Law 'Docf^t Quiz: The "Joariie Loves Chad" Quiz

43. "Take Off" by Bob and Doug the parent show. Since I'm not as good 12. Benson Well, everyone, welcome to the MacKenzie (vocals by Geddy Lee.) with TV as I am with Music, there are 13. The Golden Years second of what so far has been the 44. "Under Pressure" by Queen and fewer questions this time. But hey, that 14. Pinky and the Brain phenomenally successful Villanova Law David Bowie. just makes it easier to win, right? 15. Lou Grant Docket Quiz! Submit your answers in 45. "You Give Love a Bad Name" by OBLIGATORY DISCLAIMER TYPE writing to the Docket mailbox in room 34 Bon Jovi. STUFF BEFORE 5:30 P.M., WEDNESDAY, 46. "Electric Avenue" by Eddie Grant. FEBRUARY 21, 1996! NO THE ANSWERS JO THE 47. "Safety Dance" by Men Without Again, I suppose it is possible that I SUBMISSION AFTER THIS TIME WILL Hats. messed up something. I did my best. CHEE-Z 80'S MUSIC BE CONSIDERED A VALID ENTRY. 48. "Save a Prayer" by Duran Duran. They're close, anyway. Deal with it. :-) The winner will be announced in the next QUIZ! 49. "Human Touch" by Rick Springfield. Docket Editors are not eligible to enter. issue. Feel free to team up to answer, but 50. "Eat It" by "Weird Al" Yankovic. The winner will be the entry with the again, I'm not gonna guarantee you can First, I'd like the thank the seven BONUS NUMBER 1: Congrats to the most points, with one point scored for split the prize. individuals/ teams that sent in answers. It Legal Writing Team of Kathy Stanchi, each correct Parent Show. Ties will be was a tough battle, but in the end, the Becky and Jim Connelly, and Brett broken by a random drawing from our ON TO THE QUIZ! winner is Steve "Let me be your man in Amdur who correctly identified the song 1 editor's hat of choice. The prize this motion" Odobashian, who sent his don't own .as #9, John Parr's haughty month: I'm not sure, but maybe we'll This time, as you may have guessed, answers from alumni obscurity to score Naughty." Yes, I do own "The Curly stick with a $20 gift certificate to a local the topic of our quiz is TV spin-offs! 93 out of 100 points. Congratulations, Shuffle", and proudly. Boy, if y'all only Below are listed some TV-shows that record store for now. Steve, and give us a call to get your prize. knew how many of these I have only on were spun off (successfully or not) from Without further ado, here are the answers; K-Tel records.... other shows. You know; characters who GOOD LUCK! BONUS NUMBER 2: Well, everyone were so popular on one show that 1. "Lawyers in Love" by Jackson Brown. had really cool suggestions. Remember 1. Frazier ' / • someone thought you'd watch them on a 2. "Go Insane" by Lindsey Buckingham. any of these? show of their own; like the ill fated 2. The Ropers 3. "Heat of the Moment" by Asia. 3. The Jeffersons "Joanie Loves Chaci." Your job: identify 4. "Run to You" by Bryan Adams. Submitted by: 4. Just the Ten of Us Have a beef you want to tell 5. "One Night in Bangcock" by Murray Michael Pratt; 5. The Colbys Head. (From the musical "Chess.") "99 Red Balloons" by Nena. 6. Laverne and Shirley the Law School community 6. "Freeze-Frame" by the J. Geils Band. Steve O. 7. The Simpsons about? Write a Letter to tfie 7. "King of Pain" by the Police. "Pac Man Fever" by Buchner and Garcia. 8. Enos 8. "I Do'wanna Know" by REO "Super Bowl Shuffle" by the Chicago 9. Flo 'Editor. Policy for letters to the Speedwagon. (NO ONE KNEW Bears. 10. A Different World THIS?!?!? It's one of my favorites! "The Rain" by Oran "Juice" Jones. editor can be found on page 3 11. The City Sigh.) "Life in a Northern Town" by Dream of this issue. 9. "Naughty, Naughty" by John Parr. Academy. 10. "Home Sweet Home" by Motley Mellisa Wojtylak and Nancy Wagman Crue. "Pride" by U2 11. "Don't Come Around Here No More" and anything by Culture Club. (You CROSSW RD® Crossword by Tom Petty and the Heartbreakers. know something? Loving WOULD be Edited by Stan Chess 12. "Learning to Fly" by Pink Floyd. easy if your colors were like my dreams!) Puzzle Created by Fred Piscop 13. "Mr. Roboto" by Styx Ron Gale 42 Crow homes Brontd'* 35 Aristoie 14. "Rock of Ages" by Def Leppard. "Rockin' in the Free World" by Neil ACROSS Contemplating 1 Dress 10 tw 43 Confront the governess 15. "Be Near Me" by ABC. Young. 5 Province o< the nines ump 16. "The Search Is Over" by Survivor. Bill O'Shea ( AndyCapp's 44 Suffix with South Africa Homer 37 Letters of 17. "Major Tom" (Calling Home) by wife krypton 6 Draw strength "Greatest American Hero" by Joey obligation 9 Hand-dyed 45 Tony Musante from Peter Schilling Scarbury. 38 Timetable, fabric TV series 7 Smallvile't slangliy 18. "Jump" by Van Halen. 14 Fivm Russia 47 Brake part Lang 39 Elaborate 19. "Don't Stop Believin'" by Journey. With Love 51 DanQuayle, 8 Swing the bat Kathy Stanchi, Becky and Jim Connelly, shindig actress once tTK*e 20. "Alone" by Heart. and Brett Amdur tried to quiz the master 15 daire.Wis. 54 Duct effectively 40 Golf tourney Like a 21. "Money for Nothin'" by Dire Straits. with lyrics from Thomas Dolby's "She 16 From die 57 O.T. book 9 Squalls 41 same mold 58 Magazine for 10 Hang-gliding, chkd(en 22. "Drive" by the Cars Blinded Me with Science." Better luck the 17 Flat jailbirds? perhaps 42 23. "I Want a New Drug" by Huey Lewis next time. Street 11 Conway of season..." 19 Part of NOW 61 and the News 20 Magazine tor Blues' McHale's 46 The Beaver teamsters? 64 Venetian Navy State 24. "Silent Running" by Mike & the Also, Rich yelled at me because he was 22 Rocker Brian hackle 12 1952 48 Reliever's scolded because there were not enough short stint Mechanics. 23 Pinielaor 65 With 66- campaigner 49 Breakaway 25. "Crumblin' Down" by John Cougar female artists represented. Granted, Ferriflno Across, 13 Barbie's main 50 Feminine 24 Lie Thimbia squeeze Mellencamp Cyndi Lauper and Madonna certainly (repose in (he Theatre 18 Telephone- Ladd 26. "Somebody's Watching Me" by added to the Cheeze-factor of the 1980's character dial triad 52 tten r Rotunda) Rockwell (special guest vocals by But hey, I don't own any of it or couldn't 28 Not quite noM 66 See 21 Not digital 53 Like a 30 -cake 65-Across 25 Wine spot pitchfork Michael Jackson.) get my hands on it. Besides, as a teenage 32 B.O. posting 67 Actor Quaid 26 Apple or lemon 55 - howr 27. "Down Under" by Men at Work boy in the 80's, I wanted to listen to men 27 BiDionsand 56 Sail away 33 Nontiwest 68 Did the floor 28. "Don't Pay the Ferryman" by Chris sing about women, not the other way Passage 69 Vote against billions of 59 Salty sauce seeker 70 Access years 60 Dash DeBurgh. around. You write what you know about, 36 Railroad- Georgia 29 160 square 61 Stem 29. "The Boys of Summer" by Don right? Anyway, I certainly didn't mean to rods 62 King crossing word DOWN offend anyone or suggest that women 39 Magazine lor 1 Dental uppers 31 Starters preceder Henley. Chinese 2 Complain 34 Played the 63 figures (a 30. "Your Wildest Dreams" by the played no part in Cheezing up the 80 s. hefty salary) restaurateurs? 3 Captivate trencherman Moody Blues. I'll try to be more culturally sensitive in TS 31. "We Built this City" by Starship. the future. QM. (No "Jefferson" on the album, "Knee Deep in the Hoopla"!) 32. "Owner of a Lonely Heart" by Yes. 33. "We're Not Gonna Take It" by Twisted Sister. 34. "Ghostbusters" by Ray Parker, Jr. 35. "The Curley Shuffle" by Jump in the Saddle. 36. "Young Turks" by Rod Stewart. 37. "Opportunities (Let's make lots of money)" by the Pet Shop Boys. 38. "My Hometown" by Bruce Springsteen. 39. "You Can Call Me Al" by Paul Simon 40. "Wild, Wild Life" by Talking Heads. Don't let this be you! Get your 41. "When Doves Cry" by the artist who at the time was known as Prince, and the Revolution. quiz answers in early! It's too 42. "Break my Stride" by Matthew Wilde. important to wait! Answers to the crossword are on page 3. February 2,1996 • THE DOCKET • Page 7 CoCumns

Classified; DOCKET COLUMNS EDITOR STILL DESPERATELY LOOKING FOR THE COMPANY OF: More columnists. Contact Dave at his e-mail address: DKWEE or at home (610) 964-9188. We really could use more columnists. Anyone interested in writing 'Bar Review' should definitely contact me ASAP!

The statute attempts to cut down on frivolous lawsuits through plaintiff pleading requirements and judicial power to level sanctions against law firms bringing frivolous YouP HopoScope suits. The plaintiff must allege with specificity each misleading statement, the reasons why it is believed to be misleading, and all facts upon which that belief is based. The plaintiff also bears the burden of proving that the alleged statement or omission is the cause of plaintiff's loss. Damages are limited to the difference between the purchase price and fluctuations in market price within 90 days of a printed correction of the proven misstatement. The "lead plaintiff" provisions require plaintiff "registration" to include sworn statements, and past history of participation in securitiies litigation. Publication of the members of plaintiff's class is to be made. Once that is done, any member of the class may by Rachelle L Popowitz move to serve as lead plaintiff. It is believed that this provision will increase mutual and by Rachetle Popowitz sayings as they cause severe heartburn. show, "The Grind". Although your 80's dance moves are passe', they are amusing retirement fund participation in suits which is anticipated to lead to an increase in Aquarius (January 20-February 19): As Leo (July 23-August 22): You are forced and endearing to your friends. to seek refuge in a shelter after withdrawals from suit. a fresh semester begins, take advantage The law provides several new corporate of the new seating chart season. Pencil purchasing new textbooks for this Capricorn (December 22-January 19): defenses. Chiefly, a "safe harbor" to in your name next to the admired person semester. Soon you will be able to move You will have no free time this month corporations in terms of making performance of your choice. Disadvantages; required into your own box. Do your best Martha due to that joyous experience known as forecasts. The corporation will not be found daily showers and a small fortune in gum. Stewart imitation and decorate with pens the brief and your part-time job as and highlighters. chauffeur. Your unkempt goatee will liable for predictions which prove incorrect and Pisces (February 20-March 20); You rival Grizzly Adams'. Invite your friends allegedly misleading. A caveat to the provision will be highly perturbed by the arrival of Virgo (August 23-September 22); Your to a goatee-trimming party. was added at the urging of SEC chairman, Valentine's Day. To amuse yourself, , self-confidence plummets because you Arthur Levitt, to include warnings of factors fantasize about inflicting torts on Cupid. don't have a date to the Barrister's Ball. with the potential to adversely influence Try a bow and arrow hypothetical. Take this opportunity to get reacquainted securities performance. Commentators believe with your cousins. Keep this hint in the ambiguity of the statutory requirement to Aries (March 21-April 20): The mind: the more distant the cousin, the include such "meaningful cautionary distribution of grades throws you into a less illegal the act. statements" will result in excessive new pit of depression. Pick yourself up In The News litigation. Proponents urge Mr. Levitt to enact Libra (September 23-October 22); The pilgrim, dust off your pants, and get back by Jean Dorton SEC regulations providing greater specificity on that horse named Law School. melting of the blizzard's fury permits you to rediscover your car and neighbors that and stringency to this provision. New Securities Legislation The statute protects accounting firms from Taurus (April 21-May 20): Your prayers haven't been seen in quite some time. To private lawsuits invoking liability for their have been answered: the cafeteria has no avail, you keep searching for your client's fraudulent activities. The firms are acquired a brand new cappuccino motivation to study. Check Kelly's. On December 22, 1995, Congress (You might have left it there last required to report any such apparent fraud to machine. Your study habits will improve voted to override a presidential veto and as you don't need to run to Wawa for that semester.) the SEC. The SEC's power to prosecute caffeine fix. You can just live at school. enact the "Private Securities Litigation affiliated entities has been restored from prior Scorpio (October 23-November 22): As revocation in 1994. It is the SEC and not Reform Act of 1995." President Clinton Gemini (May 21-June 20); Your you stumble through life (as well as this private investors who will be responsible for efficient nature spurs you to start month) searching for the meaning of your was originally expected to sign the bill, "policing" the outside entities "aiding and existence, a revelation overcomes you. acquiring outlines from older students for but is said to have been influenced by abetting" in securities fraud. next year. Use all your feminine or You are destined to become a permanent Although these measures were designed to academics and advisers opposing the masculine wiles. Money helps too. regular at the Brick Bar. There is no reduce litigation, things often get worse before other joy comparable to that of people legislation. Opponents believe the they get better. A marked increase in the filing Cancer (June 21-July 22): In this month yelling your name upon entrance. provisions which are aimed at of securities fraud suits just prior to the passage of amore, take the leap and confess your of the "Private Securities Litigation Reform true feelings. If you lose your guts, take Sagittarius (November 23-December eliminating frivolous lawsuits may 21): You become greatly discouraged Act of 1995" confirms that this legislation is a refuge in Valentine's Day candy. Be perceived disadvantage to the plaintiff. wary of those candy hearts with the tacky when you are fired from MTV's dance unduly harm investors. Page 8 • THE DOCKET • February 2,1996

THEY ALL WENT WEST

Miry M. Cheh teaches Coasdtutkmal Law, Steven H. Levine is preskient of West Bar Criminal Law and Criminal Procedure at the Review. For the past 24 years he was a George Washingicxi University Law Center. senk)r executive with the BAR/BRI bar She reoeived her JJ). from Rutgers review course. He has helped prepare stu­ University and her LLM from Harvard Law dents for bar exams natk)nwkie, lecturing ScbooL Professor Cheh has been preparing in over 20 states and 50 cities. Mr. Levine is students oatioawlde for the bar exam since I960. As an expert a member of the bars of Illinois and in exam techniques for bodi the Muhistate and the essay, she Washington, D.C, and is a graduate of John Marshall Law has counseled Aousands of successful bar exam candidates. School

Stanley D. Chess is chief executive officer of West Bar Review. For the past 22 years he Arthur R. Miller is the Bruce Bromley was a senior executive widi die BAR/BRI Professor of Ltw at Harvard Law School, bar review course, where he lectured eioen- where he has taught since 1971. He is well- sivdy in New York and across the country. known for his many televiskm appearances, He has also lectured in Massadiusetts, inchiding as the legal editor for ABC^ Good California, Florida and dsewhere cm Torts, Real Property, Morning America and as the host of In Context (Courtroom TV) Equity, Federal Jurisdictioo, Corporations, Civil Procedure, and Miller^s Court (PBS). Professor Miller has authored or co- Agency and Partnership, and Muhistate Professional authored over 25 books. In additkm, he also carries on an Responsibility. Mr. Chess is a member of the bars of New York acthie law practtee, partknilarly in the federal appellate courts. and Washington, D.C, and is a graduate of Cornell University His dynanUc lectures and exam-taking advkre are eagerly sought and the Cornell Law School by law students and bar candkiates natkxiwkle.

Anthony E. Cook is a graduate of John E. Moye is a national bar review lec­ Princeton University and Yale Law Schoot turer, having taught thousands o( iaw stu­ He has taught at the Un^ersity of Ftorida dents in over 40 states for over 20 years. and is currently a professor at the He is also one of the most prominent con­ Geoigetown Unhfersity Law Center, in addi- tinuing legal educatkm lecturers in the tHMi, he tai^t in an interdisc^linaiy pro­ United States. A graduate of die Cornell Law gram ai Harvard University. Professor Cook is an experienced School, he has been a professor and associate dean at the bar review lecturer who has prepared students for the Horkla, Unhersity of Denver College of Law, and has written several North Carolina, Virginia, D.C, Maryland, Minnesota and legal texts. He was Chairman of the Coforado Board of Bar Mkdiigan bar exams. Examiners for several years and continues to practice commer­ cial and corporate law at Moye, Giles, O'Keefe, Vermeire & Gorrell, a Denver law firm diat he founded.

Rafael Guzman, professor at the Roben E. Scott is die Dean and Lewis F. University of Arkansas Sduwl of Law, is Powell, Jr. Profe^r at die University of consklered one of the natk>n!s leading Virginia School of Law. He is a graduate of experts on the Multistate Bar Exam. With die William and Mary Sdiool of Law and die over 15 years of MBE experience. Professor University of Midifgan, where he earned an Guzman has guided over twenty-five thou­ S.JJ). Dean Scoa has written a host of wkle- sand candkiates annually throu^ the intricacies of the MBL He ly recognized artk:les expUcating contemporary contract, com­ has lectured exiensiveiy in Evkience, Criminal Law and Tons mercial law and banknqitcy dieoiy. In addition, he serves on a and is a graduate of George Washington University School of variety of UOC study and drafting committees and is die co- Law. audior of diree 'weD-known texdxioks. For over 20 years, he has successfoDy prepared dKHisands of students nadonwkle for die MBL

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