○○○○ Prep me ○○ Veterans Day Primer Reviewing the Bar ○ With an ever increasing ○○○ In memory of 3L Frank Cwiklinski, the Gavel Reviews emphasis placed on presents his “Veterans Day: A Full ○○○○○○○○○○ Bar/Bri? Rossen? PMBR? ANARCHISTBLACKCROSS.ORG passing the bar and bar ○○ History.” Cwiklinksi was a What is the difference, and preparation, students Veteran, and explained do the differences really want one thing: to learn ○○ Nov. 11’s significance in matter? When it comes ○○○○ CORBIS.COM what will be tested on the Dec. 2000 issue of the to bar reviews, which M E D .Y A L the Bar. Gavel. gives an edge? E .E D OPINION, PAGE 6 OPINION, PAGE 7 CAREER, PAGE 4 U VOLUME 51, ISSUE 3 NOVEMBER 2002 THE STUDENT NEWSPAPER AT CLEVELAND-MARSHALL COLLEGE OF LAW Moot Court AFLAC cries “foul” teams hit with one, over political squawk two punch By Jay Crook Soon after the “Taftquack” STAFF WRITER website debuted, AFLAC filed By Donna M. Holland and The 2002 election season has suit in the Northern District of Christopher Friedenberg come and gone, with Gov. Bob Ohio. AFLAC accused Hagan of STAFF WRITERS Taft defeating Tim Hagan in a federal trademark infringement, On the heels of another suc- decisive contest. Yet one of the as well as trademark dilution. cessful Moot Court Night, two hottest issues remains--what Judge Kathleen O’Malley, who Cleveland-Marshall teams fin- about “Taftquack?” was assigned to the case, heard ished the Regional Finals of the “Taftquack,” a creation of the oral arguments on the issue of American Bar Association’s an- Hagan campaign first made his both a temporary restraining or- nual National Moot Court Com- appearance on a website at der (TRO) and a preliminary in- petition with the top two briefs. taftquack.com in early Septem- junction (PI). After the dust had Team Two, 3Ls Mark Gould, ber. While this site was not the settled, Hagan was victorious, Rhonda Porter and Don Herbe homepage for the Hagan cam- but the fight may not be over. won the best overall brief in the paign, a link led websurfers to The driving issue of the case region with their “Best Hagan’s site. The “Taftquack” revolves around the trademark Respondent’s Brief.” Team One, character is a cartoon compos- dilution cause of action created 3Ls Renee Davis, Michael Q ite of a duck’s body and Taft’s by federal statute. To be success- U Hunter and Danielle McGill, fin- E S T head, with a duck bill, that when ful in a trademark dilution cause .C J ished with their the number two O N L asked questions squawked, of action, the plaintiff must show IN brief in the region, “Best E .C O “TAFTQUACK,” in a nasal that the mark is famous, that the M Petitioner’s Brief.” voice. The duck’s body and use by defendant is commercial Because competition rules voice were highly reminiscent of and causes “dilution of the dis- indicate that only one team from Nader weighs in the popular AFLAC television tinctive quality of the mark” the same school may advance to spots, also featuring a duck. through “blurring” or the National Competition in Shortly after learning of Law Career Fair and Confer- A number of spots including “tarnishment.” On all of these New York, the two C-M teams Senator Paul Wellstone’s ence in Washington, D.C. C- the “Taftquack” figure were run criteria, O’Malley found in favor argued against each other for the death, consumer-advocate M students and faculty were by Hagan. Taft eventually incor- of AFLAC at both the TRO and chance to move on. Team Two Ralph Nader delivered the on hand to network and learn porated the idea into some of his PI hearings. There are however won, and will advance to the keynote address of the Equal from stand-outs in the field. own spots, featuring a different three exceptions to the statute, in See MOOT COURT, page 2 Justice Works Public Interest Turn to page 4 for more. duck. See TAFTQUACK, page 2 YouYou Programming academic success Does C-M Should Pass By James Lucas The program also includes cording to Williams, approxi- the Bar? STAFF WRITER small groups of program partici- mately 75 percent of those in- Know In the admissions process, candi- pants studying with teaching as- vited participated in the volun- By GAVEL STAFF dates vie for a limited number of seats sistants. “Under the small group tary program. C-M’s July 2002 Bar Exam passage rates in the nation’s law schools. Admission method, students will learn to The program is not offered to officials weigh undergraduate GPA and analyze facts and think clearly,” every first year, Williams admits. Overall: 60% LSAT scores. However, a new program said Williams. Williams notes, “There is a limited budget for the First time takers: 73% implemented by C-M emphasizes fac- however, that the program is not program and teaching assistants Repeat takers: 25% tors including the candidate’s life expe- designed to be a review session must be paid.” It is hoped that GPA 3.0 or higher: 91% riences and ability to overcome adver- of any particular course. the program, as well as the bud- GPA lower than 3.0: 47% sity. Rather, the program seeks to get that sustains it, will grow. The Academic Success Program was provide students with the assets Enthusiasm in the project is The Ohio State University scored the overall introduced by the Department of Stu- needed to practice as an attorney. shared by Associate Dean Jack highest pass rate with 87 percent, and the highest first dent Affairs this semester for 1Ls. Ac- “The purpose is not to teach sub- Guttenberg. “We think it can time pass rate at 90 percent. The University of cording to Assistant Dean for Student stance, but skills,” said Williams. help a lot of people do better.” Cincinnati scored a 79 percent overall pass rate, with Affairs Gary Williams, similar programs Additional goals include student C-M officials believe the pro- a first time pass rate of 80 percent. Case Western have been around for years. retention and an improved bar gram can bring in excellent can- Reserve University’s overall pass rate was 75 “Beginning in 1992, law schools passage rate. didates whose capacity to excel percent, with an 81 percent first time rate. across the country started to become “The students who were in- in law school are found in quali- Ranking below C-M were, the University of interested in ‘nontraditional’ admits,” vited were invited based upon ties other than high GPA and Dayton with a 58 percent overall rate and Capital said Williams. “More was taken into GPA, LSAT and other consider- LSAT scores. The program is University with a 56 percent overall rate. account than just GPA and LSAT scores. ations,” said Williams. Atten- designed to bring in applicants The whole person was looked at rather dance has not been a problem to whose personal qualities evince than principally numbers.” those extended an invitation. Ac- potential for success. THE GAVEL Page 2 Law November 2002 Bar Pass Duck ruffles feathers Rates Up Campaign catch-phrase raises noncommercial speech issues By Steven H. Steinglass Continued was politi- Results of the July 2002 Ohio from page cal, and was Bar Exam were posted Nov. 8. 1-- thus entitled With this in mind, it seems a which a nor- to the high- good time to mally est level of write about dilutive work protection what C-M is do- is allowed. under the ing to prepare Critical First students for the among these Amend- Bar. exceptions is ment. The Bar the provision O’Malley Exam, like law protecting turned to the school, is diffi- The “noncom- legislative cult because the mercial use” history to re- Dean’s profession and of a protected TAFTQUACK.COM solve this is- the public de- Column mark. sue, con- mand it be diffi- In addi- cluded that cult. There is too much at stake tion to this is- political for it to be otherwise, but every sue, many is- speech, as C-M student has the ability to sues of first impression were and intellectual property meaning and be narrowly defined. exemplified by the First Amend- succeed in law school, to pass raised regarding the construc- rights on the other. AFLAC Despite its political nature, be- ment guarantee that created the the Bar Exam and become an ac- tion of the statute itself. The insisted that because “com- cause “alternate forms of expres- exception, had an even greater complished attorney. first issue was whether politi- mercial use” was necessary to sion” were available, Hagan had entitlement to protection than the In recent years, C-M cal fund-raising was a “com- activate the statute, the excep- no right to use the AFLAC mark. expressive or artistic speech ex- strengthened our program of le- mercial” act. On this, tion must have a different Hagan countered that his speech amples given by Congress. gal education to make passing O’Malley found again Despite Hagan’s win, the Bar more likely. This in- in favor of AFLAC, AFLAC did not walk away cluded expanding the first-year citing many cases empty. During the course of the Legal Writing and Research Pro- If the use of the trademark where nonprofit arguments over the preliminary gram, introducing a third re- activity had been injunction, the bench raised the quired semester of legal writing, must be “commercial” in found to be issue of “mootness.” strengthening our program of “commercial’ nature, what exactly is AFLAC argued strongly academic assistance and using under the mean- against the issue being ruled more bar exam-type testing.