VOLUME SEVEN NUMBER 2 Security or Liberty: Must We Choose? by Roberta K. Glassner, Esq. The destruction of the World Trade Center on September 11, 2001 made each of us painfully aware that the U.S. is no more immune to terrorists than any other country in the world. Since that fateful day, Americans have focused on how to protect themselves and the country from terrorism, both at home and abroad. The event that shocked the WINTER2003 nation on 9/11 had a two-fold effect. It alerted us to the need for increased security to protect American lives and, at the same A Drug Test to Join the Band? time, the need to protect our Drug Test constitutional rights in the pursuit of that security. by Barbara Sheehan What was the Oklahoma case about? What is national security? The landmark case of Board of Education of National security can be defined You’ve been thinking about joining the chess club at Independent School District No. 92 of Pottawatomie as that which affects the health, school. Finally, you decide to do it. Then you find out County et al. v. Earls began with two Oklahoma safety and welfare of a country your school requires a drug test first to prove that students — Lindsay Earls and Daniel James. Together or its citizens, either directly or you’re not using illegal substances. with their parents, these students took legal action indirectly. Examples of direct Can your school make you take such a test when against their school district’s drug testing policy, which threats to national security in you’ve done nothing wrong? Is this a violation of your requires that all middle and high school students the U.S. would be an assassination privacy rights? consent to drug testing in order to participate in any attempt on our president or an act Last summer, the U.S. Supreme Court gave an extracurricular activity. The intent of the policy is to of terrorism such as the one felt by Oklahoma school district the green light on this type of prevent and deter drug abuse Americans on 9/11. An example of random drug testing, paving the way for other schools among students. an indirect threat to national around the nation to follow suit. Lindsay Earls was security would be the bombing of reportedly a member of an American embassy in a foreign her school’s show choir, country. While the bombing did the marching band, the not take place on U.S. soil, there is Academic Team and still a threat to U.S. citizens living the National Honor abroad and a perceived threat to Society. Daniel the U.S. in general. James wanted to Who is responsible for participate in the protecting our nation’s security? Academic Team. The U.S. has international, federal Both students and local agencies that protect the felt that the country in one way or another. The school policy Central Intelligence Agency (CIA), violated their which functions primarily outside CONTINUED ON PAGE 4 the country, collects information for the U.S. on foreign spies and terrorist activity around the world, alerting government officials to potential danger. Using Someone Else’s Ideas In contrast, the Federal Bureau of Investigation (FBI) is the Can Cost You BigBig criminal law enforcement agency that operates principally within by Karen M. Spring Internet, says that plagiarism can says. For instance, high school and the U.S. The FBI was created by best be defined as a “failure to college students use footnotes in the Justice Department in 1908 Imagine that you wrote an attribute.” In other words, their research papers as a method to investigate domestic criminal important paper on Abraham plagiarism is using someone else’s to recognize that the information activity on the federal level, such Lincoln for school. You spent ideas or work and passing them is coming from someone other as kidnapping across state lines, weeks working on it, carefully off as your own, without giving the than the writer of the paper. It is bank robberies, organized crime, reading about Lincoln and his original person credit for his or her also fine to use information you drug trafficking and civil rights presidency. All your spare time was work. The Center for Academic find while doing research, violations. Finally, on a local level, dedicated to writing this paper Integrity at Duke University Begun says, as long as you police forces across the country because you wanted to get a considers substantially rewrite the take action against criminals within good grade. plagiarism information in your our cities and states. After you hand in your cheating, own words. assignment on Lincoln, you hear and Begun In terms of rumors of how some students in claims that rewriting, however, CONTINUED ON PAGE 2 the class cheated on their papers plagiarism how much is by copying information directly is a moral enough? from the Internet. Then you receive concept as According to your paper back and it has a C well as a Begun, that is grade on it, while some of the legal one. where common NSIDE cheaters received As and Bs on It is okay to sense should their papers. use information come into play I Sporting Events...............pg. 2 What the cheaters did is an from someone else because there is example of plagiarism. Eric Begun, as long as no set formula. In Bullying Outlawed ..........pg. 4 a lawyer with experience in recognition is given the end, your final trademarks, copyrights and the to that source, he Glossary ........................pg. 4 CONTINUED ON PAGE 3 Assuming the Risk at Sporting Events: WhatWhat IsIs thethe Price?Price? by Dale Frost Stillman a result of negligence on the part During a minor league hockey This publication was made possible through funding of the venue. For example, if the game, the Charlotte Checkers from the IOLTA Fund of the Bar of New Jersey. Consider this scenario. Tom had protective glass was not at the goalie, Jason LaBarberra, threw Angela C. Scheck just finished his hot dog, and he put required height and someone was his stick and injured an eight-year- EXECUTIVE EDITOR his soda on the ground in front of injured, that person would most old boy. LaBarberra, frustrated his chair. He and his brother had likely have a case against the facility because he had been taken out of Jodi L. Miller third row seats between home plate or the team. the playoff game after he allowed EDITOR and third base at Yankee Stadium. five goals to score, threw his stick As he sat back up, a foul ball hit by Cost of watching the game into what he thought was the Editorial Advisory Board Derek Jeter was coming directly at Does Brittanie’s family have any tunnel leading to his team’s locker him. Luckily, his brother reached in legal recourse against the Columbus room. LaBarberra was suspended John J. Henschel, Esq. front of Tom’s face with his mitt Blue Jackets or Nationwide Arena, for 18 games, but no criminal CHAIR and caught the ball. But what where the game was played, as a charges were filed against him. Paula Eisen if Tom had sustained injuries as a result of her death? According to In 1999, a similar incident Donald C. Guida result of being hit with Jeter’s foul the legal principle, assumption of occurred at the Great Western Lisa H. James-Beavers, Esq. ball? Could he successfully sue the risk, they don’t. Black’s Law Forum, home of the Los Angeles Jay Hamill, Esq. Yankees or Derek Jeter in the Dictionary defines assumption of Kings. In that case, a hockey fan scenario described? risk as a doctrine that means “a successfully sued the Kings, the Stuart M. Lederman. Esq. In real life, Brittanie Cecil was person may not recover [damages] San Jose Sharks and Sharks Louis H. Miron, Esq. not as lucky as Tom. She died just for an injury received when he forward, Joe Murphy. The fan was Steven M. Richman, Esq. days before her 14th birthday as a voluntarily exposes himself to a hit in the head by a flying puck that Dr. Maria E. Schmidt result of injuries she suffered after known and appreciated danger.” Murphy had thrown into the crowd Thomas A. Zeringo being struck in the head by a In other words, Brittanie, who in response to a goal by the Kings. hockey puck while watching the according to reports after her death The reason assumption of risk was New Jersey State Bar Foundation Columbus Blue Jackets play the was a great hockey fan, should have not a viable defense in that case Calgary Flames. She had been been aware that there is an implicit was because play had stopped, so it Board of Trustees sitting more than 100 feet behind risk of injury when attending a was not reasonably foreseeable that Daniel M. Hurley, Esq. the glass with her father, who had hockey game (i.e., flying pucks). a fan might be hit. The case was PRESIDENT bought the tickets as a birthday DeMarzo believes that most sports reportedly settled in the millions of present. The Blue Jackets center, fans understand the principle dollars with neither the Kings, the Lisa H. James-Beavers, Esq. Espen Knutsen, took a slap shot behind assumption of risk and are Sharks, nor Murphy admitting guilt. FIRST VICE PRESIDENT that was deflected over the glass by aware of the danger involved in If a bystander is injured because John J. Henschel, Esq. Calgary defenseman Derek Morris.